The sun., 1916-10-13
THE NEW SEA WARFARE.
should the United states Intervene
TO Mako International Lawi

To THE EDITOR OF THE SuN-Sir: sic
utere tue ut alieno non l&das' Is a
maxim Of the law. 1t Is the expression
Of a duty and a corresponding right.
and has obtained universal recognition
and application. 1t means that you
should 30 use your own rights as not to
injure Or infringe upon a%nothers.
When nations are at war neutrals
undoubtedly suffer. but It Is only be-
cause II Is iuadvisable to assert their
infringed rights. II is. however. the
measure Of injury suffered which deter
mines the neutral to bear the injury or
TO show his resentment. While 1t 10 true
that the high seas beyond the three mile
limit are the public highway. still no
right belongs to any one TO render the
use Of II 70 dangerous for neutrals as
TO forbid its enjoyment under penalty
Of death.
Thu right OF search lie recognized for
obvious reasons, the right to capture
enemy vessels also. The right to de-
stroy an enemy vessel Is limited by the
means Of providing for the safety OF
the lives Of those on board. The disre-
gard Of that limitation does not enlarge
the right to those transg-esslng, as
would seem to be claimed by the Ger
mans. 1t only raises the question to the
injured neutrals as to whether they care
enough for the infract!on to assert and
maintain their rights or 81. passive and
! silently endure injustice. The coastwise
commerce Of a great and powerful neu-
trail Is molested It's foreign
with other neutrals Is put In jeopardy
and threatened its merchants harassed
and terrorized and their lawful business
interrupted all because n bclligerent
chooses TO d warfare In a novel
manner by novel agencies, and disdains
TO regard the rights OF neutrais In SO
doing. claiming that these Ills are the
natural consequences OF the new warfare
for which belligerents are not RESPONSE
bic.
The personal RICH. OF defence OF one.
own lie and property q unques,ioned
equally among civilized and uncivilized
peoples. No one questions the duty OF
a self~-respecting governmental power 70
defend and protect its citizens In their
lawful pursuit. II a foreign Power
chooses to wage war with another by
unusual methods with unusual means.
q" hNuttat " tuDlIl't 10 JUL
rage Upon her citizens. or to say:
II Is up 10 you so 10 coaduc. you. war.
fare as not TO !nJure our citizens. and 1.
you choose TO conduct 4; 30 as TO inJur.
one OF them you do so 1t your peril. II
you reckless!y destroy tiie.r property ,o,
must indemnify them. II YOU wanton!y
destroy their lives II results In war unless
hitting diplomacy may - able to avoid
that %fnali.y.
j! "A belligereat puts himse,: withou,
the pale Of civilized warfare on the hig.,
seas he becomes a pirate ard should he
20 treated. II matters little whether
by his acts OF piracy he murders limo
cent women and children of a neutral.
rs IN the case Of the Lus.tan!a, or Other
innocent neutrals travelling tho lanes o.
commerce q few miles of n ncu.ral
coast. The United States should take
a hand In making new caaons of inter.
national law when the results are 80
momcntous 20 her citizens. and meantime
protect her rights by insisting on IN.
performance Of their duties by be.lig.
erents. WOODWARD EMERY.
BosroN, October IL.