New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-22
Loophole for Berlin to
Break U-Boat Pledge
Is Seen
MAY DODGE u. s.
DEMAND FOR MEN
Freeing Them as Favor"
Would Give Kaiser Dip
lomatic Advantage
fFrom rhs Tribune Bureau

From rhs Tribune Bureau
Washington, Jan. 2l.-A long-cH-
pected crisis with Germany over the
armed ship question is in sight Ths
capture by German raiders and de-
tention of American citizens on bel
ligerent armed merchantmen, and
the State Department announcement
Yesterday that the matter would be
"taken up with Germany" immedi'
ately, makes that inevitable. This
has not yet received a
statement of Germanys position,
which, news dispatches say, was
given to Ambassador Gerard Satur-
day, but it is not expected TO throw
any new light on the situation.
The German government contends
that every vessel carrying arma-
ment, whether for offence or de-
fence, is warship. Therefore,
every person aboard such ship is a
combatant and can be made prisoner.
The United States insists that
peaceful merchantmen are entitled
TO carry arms for defence, and that
unless an armed merchantmen act
rally uses the arms for offensive ac-
tion-hunting out enemy ships TO
destroy or capture them-the vessel,
crew and passengers are entitled to
all the immunities which interns-
tional law guarantees to non-con''
batants in naval warfare.
From the American point OF view,
which is backed up by centuries OF
precedent constituting the common Law
of the seas, TO use force in resisting
capture is not an act Of war. A mer-
chant vessel is entitled TO protect itself
and its cargo by armed resistance or
by fight. This right is correlstivs
with the belligerent right OF capture.
Flight Not Warlike Act
The mere fact, therefore, that Z
merchantmen fees or resists capturs
does not rob those on board Of their
immunities, IL the capture finally 10
effected in spite of the resistance.
The controversy over armed mer.
chantmen started with the sinking OK
the Lusitania, when Germany alleged
/ that there we're guns mounted on that
vessel. As this was quickly disproved.
in spite Of perjured testimony addueed
bv Germany, the issue did not become
acute az that time.
In January, 1916, the Germsn gov'
ernment issued a manifesto asserting
the right TO sink armed merchant yes-
sells on sight. The, United states
demonstrated its dissent from this po-
sition BY refusing TO sign the Lusi-
tania agreement, which had been drawn
I'm by Secretary Lansing and Count
Won Bernstorff, and which still is un-
signed.
In March, 1916. Secretary Lansing
prepared for President Wilson's guild
ance a statement Of the law govern =
ing the right of merchantmen to arm
for defence. President Wilson asked
for this information IN case u should
he necessary TO JUSTIFY mis- position
before Congress, when mad threatsnsd
10 withdraw protection from American
citizens who took passage on armed
ships. 49,. n,h,,.hsd'
mada IL clear that In no circumstsnce,,
was a belligerent war vessel enttiso
20 sink a merchant ship, no matter no"
srmed. unless that vessel actuaily "ss
engaged or had been engaged IN Oh
fensiye operations. Offensive opera
tion,. "a stated above, include seeking
out enemy ships or acting under or
der. from a belligerent goyernment
, enforced by penalties, TO so seek
: Allied Ships Not Offensive
A. none OF the armed ships OF th'
Alias was so engaged, so far as known
or had such orders, enforced oy pensI
lies the inference WAS that ever,
. srn,ed merchantmen must be sccoroet
- .bo immunities Of a non-comoatan
5 ship. ...,, hoysvsr was no
= sent officially 10 Germany ana 'n'
$ American and German governments, a.
. a result, never have settled the cues
ton.
!, When the Sussex was sunk and Ger
Z. MANY renewed and broadened ne
$ nrcmises not 20 conduct illegal marin
. enerations nothing was said soou
z armed ships. The German pledge sal
!. merchantmen recognized BY. interns
r tional law" would not be sunk ihegnl
r lv Thsre was doubt As 70 what Ger
! many meant By the phrase recognize
by international law"
y The President professed 10 oshss
. that armed ships were covered, ou
r many State Department ofieisls sc
z mitted the phrase was amoiguou
) However, no attempt was made to OF
tain a definition from Germany. out
e was decided TO wait until an actual ca
10 arose.
r The capture and detention AZ pr'sp
n ers OF Americans on board armed re'
A. sells presents such a ease. The Unite
D. states will demand the release Of ~
II prisoners as non-combstan'S. German
e. has three courses:
70 To release them and admit thc
: legality of their detention. Tn
would satisfy the United States cor