The Washington herald., 1916-02-16
Says Wilson Is Without
POWer to Change Ruling
OPEN $3.50 A. M.

Editor Of The washington Herald: Since
the dawn OF the ages, since the day
when mankind first learned TO go down
to the sea In ships" II has been lawful
for peaceful merchantmen to put to sea
armed-aTmed for defensive purposes, not
only as against pirates, but as a defense
against armed cruisers of an enemy
state.
Up to the time Of the Declaration Of
Paris, April Is, 1856, every civilized state,
in time Of war, issued privateerlng COM
missions and letters Of marQue and re-
prisal to its merchant ships, which COM
missions and letters authorized them to
arm for offensive as well as defensive
purposes. The government of the United
States declined to subscribe to the
Declaration Of Paris upon the explicit
ground that u did, not deem 1t to be ex-
pedlent to inhIbit itself from the Issuance
OF commissions to privsteers or letters
of marque and TeprisaL an express power
10 issue which was granted to the Con-
gTess Of the United States by the Con-
stitution in the words: To issue letters
of marque and reprisaL"
U. 5. Never subscribed.
To this day, the United States has
never subscribed to the provisions
OF the Declaration OF Paris abolishing
priysteering. though in each OF her
wars subsequent thereto, she has, by
executive proclamation, declared that
she would not issue commissions to
privateers. She has never, in any one
executive proclamation, said to the
world that she would not Issue letters
OF narque and reprisaL should the ne
cessity at any time arise, nor is 1t
within the competence and authority
OF the President OF the United States
to usurp the constitutional functions
Of Congress as to issue such procla-
nation, unless directly authorized so
TO do by act OF Congress. or by Joint
resolution. All of the foregoing is
law, part of that supreme law of the
land which the President OF the
United States is, by oath of office,
bound to support, protect and de-
fend"
On page two, column seven, Of The
Washington Herald Of today. the state
ment following appears: within the
next few days, officials OF the State
Department admit the United States
government will have to make known
its position regarding Germany's IN
tentions. At the present time the in
dications are that this government will
accept the German view, and will
order port officers to refuse merchant
ship privilege to armed vessels and
warn Americans to keep OF liners
carrying guns"
Now. in all Of the discussions Of the
veXed question of submarine warfare,
plus 'Germsny's Intentions" no one has
as yet apparently deemed it of any mo-
ment whatever to point out the source
OF the power OF the executive arm, in
the absence OF authorization by Congress-
to do either one of those two things.
No Authority Granted.
From whence, for instance. does the
President, or his Secretary Of State, even
with the cordial cooperation OF the
Kaiser and Count Won Bernstortf, derive
the power to alter a rule OF law as old
as the art Of navigation itself; or to
order port officers to refuse merchant
ship privileges to armed vessels" or to
warn Americans to keep or liners car
rying guns?'' The writer has made dill
gent search, and yet has failed to find
any one act Of Congress authorizing the
President to do any of these three
things
AS to the first, the thing declaring
armed merchantmen to have forfeited the
rights Of merchantmen because they are
armed-aye, armed in peace or in war-it
will require more, and a great deal more.
than the say so Of the President, the
Kaiser and the Emperor Franz Joseph,
plus His Majesty the Sultan" to alter
an established principle of international
law. During the Napoleonic wars, while
Thomas Jefferson was President, and
while we were not offically at war with
France, we Issued letters OF marque and
reprisal to a cloud OF our merchantmen,
and for the express purpose OF defending
themselves against the cruisers of
France. How well, how calamity, how
efrectually they did defend themselves Is
writ upon the pages Of naval history.
Submarine Vulnerable.
Yes, the submarine Is vulnerable, so
vulnerable that she may easily be sent to
''Dayy Jones Locker" by a lightly arm
ed merchantmen, provided the latter has
time to get in a shot. What of It? The
submarine Is a cruiser, bound by the same
legal rules Of war as apply to any other
class OF cruisers. In international law to
get out Of the way OF the submarine, and
permit her to sink. burn, destroy and
murder ad hbitem: or is the submarine to
get out of the way OF the law Of nations?
The President, II the published reports
are true, is now about to open a yerit-
able Pandora's box, the contents Of which