New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-04-03
THE UNITED STATES MUST ACT
How Far Are We Committed in the
Thrasher Casep

To the Editor of The Tribune.
Sir The death Of Leon c. Thrasher on the
Falabs Is a regrettable occurrence, but not
necessarily an unfrendly act on the part OF
Germany against the United States. Neither
of the paragraphs cited by you In your edi-
toral this morning from the note upon the
subject of Germany's declared war zone from
our State Department to Germany Is In
tended TO cover the case In point. Both
refer to attacks by German submarines upon
American vessels, and the reason for the
language used by our government in this
note was the implication in the German dec
laration that, because Of the use by Great
Britain OF the flags of neutral countries for
the protection of her merchant ships, neutral
commerce might suffer at the hands OF the
German undersea war vessels.
Mr.. Thrasher knew when he boarded the
Falaba that she was British vessel, and he
was also charged with the knowledge that
the vessel was fair game as a prize OF war
TO Germany. He was, furthermore, charged
with the knowledge that il he were killed
while on board OF this vessel as result OF
the Falaba meeting an enemy vessel his
death might be only an accident OF war.
From this viewpoint the event reduces
itself TO the question as TO whether or not
the action OF Germeny's submarine was In
itself violation of international law. II it
was, then Germany should respond in dam
ages to the family OF Mr.. Thrasher. II 1t
was not, Germany is not more liable for the
death of Mr.. Thrasher than il he had voun-
tarily gone upon field Of battle between
German and British soldiers and there been
Killed.
can conceive Of no reason why, as stated
in your news columns, our State Department
should insist upon silence in connection with
this case, any more than proper reserve
should attend all state matters of high i'm
portance There is certainly nothing more
serious in this event than the repeated kill
ing Of American citizens bound upon friend
" missions or attending TO their own az
fairs in Mexico.
When war was declared between Great
britain and Germany I was in Newfoundland
and ten DAYS later came to New York in
British vessel On the way down we ran
one night for four hours at full speed IN
fog. with our lights covered and without
sounding fog signals, thereby escaping
vessel which every one on board of ours be-
lieved to be the German cruiser Karlsruhe.
Later during this trip we were stopped by
the British cruiser Essex and were stopped
and questioned near Fire Island by the Brit
ish cruiser Berwick.
These events naturally caused much dis
cussion among the passengers as TO our posi-
ton as Americans on board this vessel.
myself have been practising lawyer and
student Of international law for nearly
TWENTY-FIVE years and there were quite n
number Of other well informed lawyers on
hoard The officers of the boat were also ex-
ceedngly we'll posted as 10 their rights and
the rights Of their passengers in the prem
ises and the situation was generally agreed
70 be about as follows:
II we were captured, those of US who
could show that we were citizens Of neutral
nations would be transported 70 the port of
destination of the vessel upon which they
were passengers or landed at neutral port;
the citizens Of enemy nations would be de-
tanned or paroled. Also, that the passengers
we're in practically no danger unless our yes
sci attempted TO escape or in case British
war vessel tried TO recapture us, and 1t was
agreed bv every one pretending knowledge
of the subject that in such case the Ger
mans would have no hesitancy in sinking US,
passengers and all.
International law is like unto the common
law Of England and Of our states. excepting
that there is no court vested with power to
enforce the principles OF international law.
international law is created by nations prac-
Using certain customs and finding that they
are good These customs grow into habits
and gradually become accepted, If they work
well in use, as rules for future conduct.
When an entirely new element enters into
the relations between nations there must
necessarily be soma revision of the old rules