The Washington herald., 1915-05-11
THE AMERICAN CASE.

ing siNSS, 90 iSAo"S-
THE AMERICAN CASE.
The underlying issue as presented to
the United States in its role of a neutral
and quite apart from the charges Ger
many and England make against each
other is:
Shall the United States. as a leading
and neutral power. permit the Germans
TO upset a ccnturies-old principle Of war
fare and establish a new principle which
PERMITS the lives of neutrals and nom
comba tants to be destroyed by a bel
licerent on the high seas. and sanctions
attack on neutral vessels as means of
breaking I'D trade in contraband OF
war;"
If the United States permits this kind
of warfare to continue without opposing
it by such means as it is able 10 use.
then. it is predicted. it will become an
established factor in the wars OF the
future.
The German argument that the real
freedom of the seas is to be obtained
for neutrality by compelling Great
Britain to permit Importation of food into
Germany is not overlooked. 1t is not
accepted. however. as justifying the at
lacks which have actually been deliv-
cred by Germany against the American
flag. American life and American prop
crty The United States has objected to
and refused to accept some OF the British
policies. but none of these policies has
involved attacks on the haG. the loss OF
life or destruction of property. nor do
they affect the national honor
The United States aims to support
not only what it understands to be the
law OF nations. but also the laws OF
humanity IT does not. therefore. ad-
nit the right of Germany TO accom-
pany destruction of contraband of war
on the high seas with the destruction
of noncontra band American property
and much less the destruction of Amer
lean life.
Rights of Germany Limited.
The United States recognizes the
right of Germany TO use submarines.
but only subject to the same laws as
govern the use of warships II adds
the right to destroy contra band car
goes and the vessels carrying them II
it is impossible to take them into port.
with the lipatation that non ON ba tant
passengers and crew ~1.c always first
be put in a place of safety. This limi-
tation the United States regards as not
only the law of nations but the law of
humanity.
Responsibility can not be placed on
the neutrals for their own sufferings
Germany's violation of the
laws. Germanys warnings. whether
in official communications or in news
paper advertisements. are not accept
ed as altering the case in the least.
man who warns his neighbor that he
is about to murder him does not by
that warning justify his commission
OF the act.
Only the most strained interpreted
tion of the rules Germany claims 10
be fighting for would permit the de-
struction of a giant passenger-carry-
ing ship such the Lusita mia. be-
cause of the presence of a relatively
insi gnificant amount of war material
in her holds.
Violations of Treaties.
The Gulfiight and Cushing cases
constitute not only violations of the
la of humanity. of international law.
but also violations of the laws for
which Germany claims she is fighting
the Declaration of London-and
finally of the treaty of 1928 between
the United States and Prussia. which
Germany has just said she considers
TO be in force. In these two cases all
the possible elements were present
attack on the flag. attack on the neu-
trail vessel. attack on neutral prop
erty. and attack on American lives.
What action shall be taken by the
United States on these issues must
depend on the value which the Ameri
can people and their government place
on the principles at stake. The chief
issues are in the Gulflight and Cush
ing cases; the Lustania outrage has
these principles and
brought them before the American !
people in the most shockingly force