The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-04-20
Would This Treaty Hold In Case Of
War with Germany?

ton to Berlin on submarine outrage
has been answered in one way or an
other by the German Government the
question of n break in diplomatic re-
lntions remains exactly where 1t stood
before the President addressed Con-
gress m the subject.
If the answer Of Germany Is such
rs to compel the Government of the
United States to terminate its diplo-
matte relations with the German Gov
eminent by recalling Ambassador
GERARD and Diminishing Ambassador
Won BERNsToRrr. war does not neccs-
sarily follow. Indirectly the Admin
~istration is putting forth arguments
and presidents apparently designed
to Impress the public mind with the
idea that a diplomatic rupture may
occur and peace yet endure. A case
in point Is that Of the status now
existing between Germany and Italy.
wherein official intercourse has ceased
without precipitating hostilities. al
though Italy is at war with Germany's
ally Austria. A less pertinent Illus
tration now offered from Washington
is that Of u status with regard
To Austria since Ambassador DUMRA
was sent home. That has no bearing
whatever on the question Of present
interest. since Doctor DuMBA's dismis-
sal resulted from the fact that he
personally was no longer acceptable
here. Ambassador PENrIELp was not
recalled from Vienna. and the Aus
trian Embassy Is still maintained at
Washington by a charge d'affaires.
1t would be idle to attempt to mini
mize the possibility of a sudden tran
sition, sooner or later, from n state
of non-intercourse to a state of actual
belligerency. The tension between the
two Governments will he n hundred
times greater than before the breach
In diplomatic relations. II is better
not 10 dwell upon the multiplicity of
circumstances, Of incidents. of ron
flicts of interest, of MISUNDERSTANDING.
of affron;s to the national pride or
the national honor, any one Of which
might swiftly end the vision of peace
under conditions OF no diplomatic in
~tercourse. Not wen inconccivahle is
ii that Germuny's answer to Wash
ington might be In such form ms TO
make hostilities inevitable.
If matters should thus 90 To the
worst in the process of holding the
German Government to strict &c.
countability for the Illegal deeds of
its submarines. there would yet re-
main n distinct treaty compact with
the United States, entered upon many
years g with special reference to
the possibility Of war. The existence
Of these treaty provisions has perhaps
been overlooked.
The present validity OF the treaty
Of 1928 has been recognized by the
Imperial Government, n~Otwithstand-
ing the fact that the convention was
made with Prussia, the Empire not
then existing. The binding force of
the convention has even been urged
by the Foreign Office nj Berlin in
support Of some ~ its controversial
positions. Now, the treaty Of 1898.
still in force, expressly revived Ger
tain provisions Of the earlier and su-
perseded treaty Of 1890. Among the
articles thus revived were two, num-
bcrcd respectively NXIIT. and NXIv..
providing particularly for the ron
tinuance Of certain agreements ever
during war between the two coun.
tries. The general provision is thus
expressed:
And It is declared that neither the
pretence that war dissolves all treaties,
nor any other whatever. shall he "onsid-
cred AS annulling or suspending this and
contrary. that the state Of wal is pre-
cisely that for which they are provided.
and during which they are 10 be az sa-
credly observed az the most acknow1-
edged articles in tho law Of nature and
nations"
One Of the we articles thus de-
scrlbed as defining sacred obligations
Won In case Of war is devoted to pro.
visions regarding the humane and
reasonable treatment of prisoners of
war. The other, perhaps of more i'm
mediate interest, prescrihes the rights
of private persons and property after
the beginning Of actual hostilities.
The entire text of Article NNIII. ~
the treaty OF 100, as revived by Ar
ticle MI. of the treaty of 1923 and
still In force by Gcrmany's admission,
Is as follows:
IF war should arise between the two
contracting parties, the merchants Of
either country then residing In the other
shall he allowed To remain nine months
tn collect their debts and settle their at
fairs, n may depart freely. carrying
of all their effects without medication