The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-05

tee. speaklng IN upport OF NS Tesoiu-
ton warning Americans on belliserent
ships said:
The settlement Of differences between
this country and any other nation pri-
marily fails within the domain OF execu-
tive diplomacy. The correspondence
must be initiated and carried on by the
State Department, n In such DEPART
ment these differences should remain un.
I'll the President has either arrived at
q settlement satisfactory TO the Con-
gress and the country or has informed
Congress OF his inability TO secure such
adjustment.
And so I feel II would ave been not
only proper but for better had no reso-
lution directly affecting the point In con-
troversy been introduced while the Pres
ident Is attempting to secure an agree.
ment
Congress IL Supreme.
There could be no danger In follow
Ing this ancient rule Of procedure. for.
after all. Congress Is supreme, and II II
believed that any settlement secured By
the President Is not for the best inter-
es;s Of the country or that II either de-
mandD or comedies too much Congress
hos the power to SO declare. and II Is
It's duty 80 to declare.
Had We followed this course and
had a satisfactory settlement been se-
cured through diplomatic channels we
should have avoided an unnecessary
conflict Of authority. Had the attempted
settlement failed or ono been secured
which Congress could not indorse Con-
, gress would then AVE been clearly
within the rules OF propriety and consti-
tutionality in assuming Jurisdiction over
the subject n taking prompt action
thereon.
! But this is now past history. A reso-
luton has been offered which II passed
clearly would have overridden one OF
the contentious Of the President. The
President nov asks us to record our
verdict on the point raised and I am
ready to act. The tabling OF the Gore
resolution did not meet tho Presidents
proposal
II do not agree with the President
that II would he improper TO suggest 10
the American travelling public hat they
refrain from doing that which by every
principle OF patriotic duty they ought
to refrain from doing without any sug-
gest!on from any source.
II am not In accord with his views as
to the full extent OF our right to con.
troll the methods which may be adopted
by bell!gerents to prosecute their war
fare to a successful issue.
and I further believe that Congress.
representing the sentiment OF the coun-
try, can very properly give expression
to it's views. although az ! havc sug-
gested I feel that just At this crucial
II critical period OF our diplomatic con-
troversy We nigh: well have deferred
our action until the executive depart
ment had announced either an agree
ment or a disagreement.
Il confess ! cannot see anything fair
in the proposition tina while a sub
marine. which MAJ easily be sunk by
"A single shot from one Of these defence
guns, must give notice before II fires at
the armed merchant vessel. the armed
vessel need not give notice that II pur'
POSES to fire at the submarine. II ]
know that you are armed ! cannot con.
vince myself that a code OF action which
says tina, Won can shoot me At sight
but that ] must give you timely notice
TO surrender. is entirely fair.
What would We do under the same
circumstances? We now propose 70
build "A large number Of submarines
These new war vessels are 10 be no con-
structed hat they can be- used both a.
coast defence and as raiders.
! Suppose We were at war with some
great powerful nation. suppose there was
some basis in what I regard as mere
hyst.ria Ia the cry of danger OF inva'
SION Ne md d bell.gerent vessel viii
"A defensive gun carrying munitions u
our foes. We are m~anpuvring for posi-
ton to give It notice. In Its attempt &c
escape we will say II is e~ndeavoring &c
get us within range. Would not tns
order be given by ourselves to all sub
uarine commanders. Your hrst duty i
10 protect yourselves:
"HOw About Obeying Rules"
Does the Senator believe asked SEN
ator colt of Rhode Island. that a neu-
trail nation is Obliged to obey the rules
Of international law which are in force
a. the outbreak o. the war. and tina
"A belliyerent Is not obligated To ODE,
such rules. but that u belllgerent may
plead national necessity or changed con
ditions or some overriding cause as "a!
excuse for modifying such rules Of inter
national law:
THE Senator from North Dakota. Mr.
McCumber, is a magician. and ] wi!
ask him II we once admit the principle
OF changed conditions may change inter
national rules whether we than have any
rule to go by.
"Is not that Great Britain's cxcus,
now for the violation OF rules OF inter
national law with regard to neutra
trade, such as blockade, c~ontrahand ant
continuous voyage? II We once ADM
the v!iuciple W. have no internationa
Las which can be enforced"
international law" replied Mr.. Nc
Cumber. lis made and modified by tn
acton of Il nation. acquiescedin by othe
nations"
The senate took a recess this after
noon until Monday noon. This actio'
will pr,Neut nj reduction Of nny resOlu