The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-10
THE INTERNATIONAL CODE
AND THE SUBMARINE.
DID Laws Of Humanity Ever Debnr
an Effective Fighting Machlnei


TO TIE EprroR or THE SuN-Sir: 1t
Is submitted that the policy assumed by
tho Wilson Administration In demanding
OF Germany the practical abolition or
submarine activity against merchant
vessels carrying c~ontraband of war
IL unsound In principle and In
wolves u precedent which may ul-
timately prove pernicious n en-
barrassing to the United States. II In
an attempt arbitrarily 10 limit methods
OF warfare that are In process Of evolu-
ton by resort to tenuous laws OF hui
4 Aanity." Its result would he to deprive
one OF the European belligerents Of what
may be regarded as the legitimate fruit
OF It's prescience IN equipping itself with
the twentieth century weapon OF mari
time warfare. The fallacy involved In
our official position seems to be due to
an understandable sentiment, clearly
reflected In President Wilson's course,
to limit and circuinscrihe the effect OF
war by a resolute adherence to humani-
tartan concepts. Hut does not the present
conflict show these elements to be to-
tally irreconcilable? War seems to be
the antlthesis OF Justice. truth and fair
dealing, which ordinarily govern civil
lied man In the intercourse of daily life.
II In perhaps arguable that the attempt
TO limit the effect of war actually tends
Ia %perpetuateH this anachronism In mod
ern lie and accord II a place as one OF
the recognized remedies for the solution
OF international dissension.
To declare our position on the broad
ground of the laws of humanity" with
"a consequential s~elf-righteous indigna-
ton at the dissenter gives us n super
ficial advantage. at least. In that II
forces the critic into the apparent posi-
ton OF Endorsing the ~anton killing OF
~. A. -
a clear and logical distinction between
protecting the non-combatant and pro-
tecting him at the expense of the mill
tary objective, To talk feelingly OF tho
laws OF humanity seems to he somewhat
NJ an anomaly in view of the self-evi-
dent fact that the aforesaid laws are
suspended or entirely crushed when ma
tons are dedicated TO the work OF KILL
ing I think. therefore, that unless we
are irrevocahly committed TO the COM
forting view hat all OF our assertions
and claims are right. both In principle
and In fact, VI are in Justice bound TO
recognize the force OF some OF the argu-
ments adduced In defence of the German
procedure. To assert. as has been done.
that all "technicalities are to be brushed
aside In a cheap way OF clouding the
issue In the interest Of those impartial
souls whose code involves a Judgment
1911 'h'' 81 ~ f'''
able to the decision.
II Is insisted by our Government that
We will not recognize any departure from
preConcelved rules ~ international usage
as TO the doctrine of visit and search. or
of any other rule from the enforcement
OF which a neutral derives a direct or
consequential benefit.
Yet We have don this very thing in
connection with Great Bri,ain's devia-
ton from the rules of blockade, setting
down our official opinion In A note tu
Great Britain, signed. al least. by Mr..
Bryan. In which IT is conceded that "the
methods OF modern naval warfare . . .
may make the former means OF main
tanning n blockade a physical impossi-
bility.'
This suggests an uneqLivocal recOgni-
tiOn that necessity may. and has, altered
the rules OF international law In "A mos,
important and vital particular. How
ever. in its policy with Germany the
Wilson Administration has insisted that
the doctrine of amendment by necessity
is 20 be totally condemned.
II the submarine can modify the rules
OF valid blockade In the interests OF one
belligerent because il makes impossible
the investing of ports by armed vessels
1t would seem equitable and just TO con.
cede that the right of visit and search
must now be limited hat c~ontraband
can be carried only on armed vessels oi
that contraband traffic and passenger
traffic must be segregated.
The absolute sanctity OF the non.
conxatant as a class from the hazard,
Of wal will hardly bear close analysis
IN view of the modern economic and
industrial efforts that are a necessar,
prerequisite to successful warfare. II
urging the workmen OF England (,
greater eXertions toward the produc,
ton OF munitions of war Mr.. Lloyd
George Informed them that their labors
in the workshops and ~shipyards of thu
country will govern the issue OF tn,
great conflict. He pointed out the re-
cent successes Of the French as proof
OF his assertion. while the fall oi
Przemysl was cited TO show tina
the most valiant and efficient army I,
helpless unless supported ny the soldier,
Of industry. II II he admitted that un
der modern conditions the soldier In III,
field Is almost secondary and the lssli,
OF victory or defeat Is determined by
the efforts Of industrial non-combatsnts
then II seems reasonable to conclud,
that these new conditions must be taker
into account when the protection Of IN.
non-combatant conflicts v.ta,ly with tn,
military objective.
The rules OF International usage. Illus
trated by the doctrine Of visit ant
search, We're recognized because they
did not limit In any vital particular tn,
effective use Of the armed vessel. NJ
successful fighting weapon has ever heer
dcbarred from use solely on the grounC
~ laws of humanity Restriction,
have been resorted TO only when tn,
paramount necessity, the military oh
jeCtiye. was not seriously weakened
thereby. thus preventing harm when n,
purpose OF war WAS 10 he subserved,
\ bellirerent should he able TO sdop
any means to stop contrahaud tram,
from reaching the enemy. and neutral,
who become involved should he regard
ed as doing 50 at their own risk. ThiN
would he n salutary rule. and while o
course subject to humanitarian denun
citation. would make FOR peace In a IA
more effective degree than surroundin,
coutrahand traNic with the provisions
and limitations OF a Humanitarian code
Aud anything that tends toward the un
popularity Of war is truly In the inter
ests of humanity.
To assume the attitude that no con
cessions whatever shall he made 10 tn
new and first proved effectiveness o
the submarine H. 10 place the Unite,
States i'm an extreme and untenahle pos
tion Paul U BARTLETT.
New HAVEN, Conn, July 7.