New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-04
More Drastic Action May
Follow, Says Expert on
international Law
u. 5. PATIENCE TRIED
TO BREAKING POINT
German Americans Will
Reflect Our Attitude"
Toward Them
By DIR. ELLERY c. STOWELL
Associate Professor of International
Law, Columbia University

Tho severance OF diplomatic relations
with Germany does not necessarily
mean war, but the dismissal OF Am
bassador Bernstorff and the recall OF
Ambassador Gerard come at the end
of long series Of incidents which have
tried American patience TO the breaking
point. In the first place, Germany's IN
conciliatory diplomacy which made the
war inevitable, then the pertidious and
ruthless invasion of Belgium, followed
nv an even more ruthless policy OF de-
siruction of ships at sea. Finally the de
struction of the Lusitania stirred
American opinion to its depths. .,
The determination of President VIII
son and Secretary Bryan TO keep out
of the war prolonged the negotiations
through several months until, with the
eliminating instance OF the sussex, a
break was avoided only by Germany S
compliance with the terms OF Presl-
dent Wilson's ultimatum OF April TO-
As Germany's involved reply on her
change OF policy was considered to be
a substantial compliance with the ulti-
matum, so now her note of January 81,
which she has insolently flung IN the
face of the American people. is right
fully regarded as a reputation OF her
pledge.
Events Justified War
Such a disregard of an agreement
cannot under any circumstances be toll
Grated by a first class power, ana |
feel that a declaration of war against
Germany is fully justified by the re
cent events viewed in the light OF the
history of the preceding months. But
the President in the exercise of his
RESPONSIBILITIES before the American
people preferred to take the less dras-
tic step Of disseminating diplomatic ne
-otiations, which had become farce
and seemed likely to lead to no salts
factory solution of the difficulty,
I'm some quarters criticism will per-
hans be made that we should have walt
ed until the first overt act resulting IN
the loss of American lives or property,
but i'm the event that American lives
should be lost through the illegal sink
ing of merchantmen il would be neces-
sarv to institute thorough and time
consuming investigation before we
could be certain that the vessel had
not resisted attack or attempted to
fee. Many vessels might be sunk and
months elapse before we learned OF
their fate.
In the present situation a state Of
war may be expected to result from
any further forceful disregard of Amer
lean rights, since the repelling of force
by force would have that consequence.
Ordinarily, however, our government
would first make formal declaration
of war, in which our reasons for TAX
inc mn arme would be carefully set
forth, in accordance with the provisions
of Articles / and II of the third Hague
convention October IS, 1900.
Consequences, IL War Comes
If war does come, what will be its
consequences In the first place, we
must consider the situation of the Ger
man citizens in this country and OF
Americans in Germany. 1t behooves
us to treat them in the same mag
unanimous manner that we did the