Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-10-12
Merely Il Continuing Policy

. DUPLICATION OF the American mcmo-
randum. replying TO the contentious OF
the entente allies in regard to submarines
! In neutral waters and denying the validity
OF the allied protest. reveals merely an ex-
tension Of this country's consistent policy.
| III word. this policy has been that inter
national law cannot be modified by a belig-
erent and that wcll-cstabl principles are
not subject TO material alteration during the
continuance of war, except by consent of all
the nations concerned.
This policy has been maintained in the face
OF numerous objections and even attacks by
hoth groups OF battling countries. Particu-
lariE, has il been insisted on in connection
with the developments Of submarine warfare
ana the consequent changes in conditions
winch have with some show Of reason been
urged %! the belligercnts as supplying sub
Stan''al reasons for new and amendatory in
torprctations of the laws OF war
Fjr the most part, the attitude of the
United states in this respect has interfered
win German plans, which contemplated dis
regard OF all laws, whether OF civilized war
fare or OF ordinary humanity. But this gov
ernments position has likewise hampered the
luil effectiveness of allied activities The
President has persisted in demanding that
me tencts OF international law, as applied TO
war he recognized and upheld. whether that
demand conilictcd with the views Of the cen
trail powers or OF the allies
Since the recent joint note urging that
German submarines be denied the use OF
American harbOrs bases the allies insistcncr
on inns point on the ground that the nature
or submarines is such as to exclude, them
III the words of the American note---..from the
benefit al the rules heretofore accepted under
international law regarding the admission
ana sojoufii OF war and merchant vessels"
it should he remembered that the same rea-
soh'ng was rejected by this government when
II was put forward by GERMANY
Berlin insisted that the fragilitv and small
size OF submarines made it impossible for
their commuters to follow existing rules of
war and to give warning 10 noncombataut
SHIPS ana secure the safety OF their pas
Sengers before launching attacks Berlin
further asserted that the vulnerablity of the
underSea boats virtually converted the ordin-
airy weapon Of defense authorized for mer-
chant ships. into an effective weapon of Of
iohse as against submarines. and therefore
ehdcavored to compel the disarming of all
peaceful vessels
10 neither Of these contentious would this
country yield. On the contrary il held that
me change Of conditions which had developed
did not justify OK partc amendments of recoe-
nizcd rules. So. in reply to allied protests
against the unhindered arrival and departura
of the Deutschland, this government main
'alhed mat the DeutSchland's merchant char
actcr was not altered by the fact that shc
was submersible.
Precisely the same position has been taken
III INC case OF the t-53 As long as war
vessels OF bclligcrcnts comply with the exist
ing provisions OF international law this conn
try's course toward them will be guided only
by the rules heretofore, and now, existing
whether they be British cruisers or German
submarines Neither the central powers nor
the allies can make new laws to suit their
necessities and compel this country to observe
them