Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1916-03-17
&,cntc, am Ct. &ntrids. 5ao, wei
TfM sIIArs.

issue:
Trouble-Makers are at work again.
There is no reason to believe that
the Silius met her fate except by the
explosion Of q mine. Mines have no
nationality, and under the peculiar
construction Of international law now
obtaining we have no redress in case
OF vessel thus destroyed. We
should not be surprised f the mine
was an English mine. If the ship
was destroyed by torpedo, we
should not be surprised II it were an
English torpedo, for an incident OF
this nature is exactly in accordance
with the avowed English program OF
involving the United States with
Germany.
II is not conceivable that the boat
should be q victim Of a German sub
marine, for any submarine comman-
der torpedoing a neutral unarmed
vessel without warning would be
acting clearly against the instruc-
tion5 OF his government Whatever
may be said against the German he
Is not apt TO be guilty Of a breach
Of discipline IF, nevertheless, such
q breach should have occurred, OF II
the torpedoing OF the Silius should be
the result of g deplorable misunder
standing, Germany with the honesty
which is so characteristic Of her di-
plomacy will unaucstionably shoul-
der the blame and make whatever
atonement remains to be made.
In any case, no American lost his
life with the Silius. 1t is, however,
likely that much will be made by the
pro-Ally press In the next few days
over the fact that the lives Of four
American sailors were 'jeopardized'
in this case. Let us state clearly
now, once and for all, that American
sailors enli5ting under alien flags
have no claim to the protection Of
tho United States. We would not
deem it necessary to make this state
ment were 1t not for Washington
press adyicos that, If German tor
pedo should provo to be the cause of
the disaster, the United States would
view the matter as even more serious
than il assenger-carrying ship
was involFcd. The State Department,
II was pointed cut on apparently
good authority. considers American
seamcn as having even greater
claim 20 protection than passengers,
for passenger, II is argued, travels
at bis discretion, while q seaman is
compelled to do SO by occupation
III tho State Department has bcen
correctly quoted, il would appear as
though our Government was totally
oblivious to the principle thus FAR
held by the United states as govern
ing the question involved, namely.
that seaman serving on vessel Of
other than his own nationality owes
for that time to the country to which
the ship on which he is serving be-
longs a temporary allegiance.
This principle was clearly laid
down BIZ Justice Field in a decisioa
Of tho Supreme Court OF May rs,
1891, having under consideration tho
status OF an alien enlisted in an
American ship-140 u. 81 472-in
which he said:
'By such enlistment he becomes
an American seaman ono Of an
American crew on board OF an Amer
lean vesscl---and as such entitled 70
the protection and benefit of all tho
laws passed by Congress on behalf Of
American seamen and subject to all
thoir obligations and liabilities
lie owes for that time to the country
to which TIE ship on which he IS
serving belongs. a temporary alleg-
lance"
See Moore, international Law
Digest-4S4.
II this principle is sound it's log
cal sequel can only be that Amer
leans enlisting on vessels Of other
than American registry and assum
ing thereby a temporary allegiance
to foreign flag, are, for the time Of
that enlistment under tho protection
Of that flag. and the United States IS
in no way responsible for their well
fare.
This appears to be all the more
reasonable as no American seaman is
obliged to take service on q foreign
! ship unless he chooses to do so, and
/ because as matter Of fact, in times
! like the present, our sailors when
! they accept such enlistment generally
receive special payment for the I'M
! creased risk TO their lives.
We state this case now so as to
take tho wind once and for all out OF
the agitation which no doubt win at
tempt to use the Silius incident as a
vehicle 10 mislcad the American
people and to embarrass the relations
| between the Central Powers and the
! United States.