El Paso herald. (El Paso, Tex.) 1901-1931, 1917-02-12
(BY H. D. S.


ships defence supposed to attack
waIships TO begin fight with ship of belgerent
power.
ships defence only" that of less value to
than many other rights might justly claim Our best
defence in navy of the future. We should accept
Gernanys that Brtains merchant ships actually
offensive and while could not treat them
in our ports as warshps during present without
violating neutrality of the existing rule should
openly accept the changed principle and should act
accordingly by refusing to permit passengeTcarr
ing ships to mount guns hereafter whatever the
German submarine may to
In doing should be following the British rule so
powerfully stated by the great admiralty u lord StOwe
and the views OF Of courts and
including justice Story though chief justice Marshall and
majority of supreme court held otherwise in cases which
since governed American practice The Danish govern
nent in celebrated argument against
armng ships when it said: "A settled intention
TO resist is equivalent TO actual resistance" Resistance
search lawfully justes attack by the warship
Germany justified in holding that submarines cannot re-
sst ships guns and there question Of the fact that
these guns have been and being used for offensive
warfare.
Americans do well off all armed merchant
ships The American government may declare that citizens
have the technical night to travel armed ships American
citizens have technical tight to do many dangerous things
which nadvisable 10 DO In view of the circumstances
they are American citizens viii do we'll to travel
armed American ships, or stay at home.
Even though American citizens shOud be killed in an
by German submarine armed merchant ship,
belgerent neutral the United States should not go o
upon that provocatioB
deliberate wholesale murder of and children and
nOnoombatants, incident to jusable naval
act.
It agreed that German submarine commander has the
night passengers and adrft in boats taking al
possible precautions life and destroy the merchant
ship if contains contaban of half its cargo,
and the submarine cannot take the prize port
endangering itself will admitted by the United
States that Germany has the right TO destroy life
sariy wantonly, IN pursuance of lawful military
operations
The sea is property Some communication per
sonay letter. among the peoples Of the world
sary time Of and will as history has proved
government prohibition in spite of strict po
Icing The United States has elemental inaenable right
against all the world to carry necessary communications
time of with all peoples We not bound to
submit any attempt isolate from the of the
world But finally rest with the American govern
ent 10 determine what constitute necessary communica
tions and how far it is imposed upon duty
nationals and to future security to enforce
that right By physical which to say, waIke
In such time this, with almost all the world at waI
passport for travel by should issue except for what
the national government may deem necessary travel if
passport be given under the present circumstances after due
consideration and final endorsement It should be regarded
by government contract protect the life of the
lawful holder against the unlawful act OF an authorized agent
Of foreign government and to punish such If cannot
be prevented Needless say the travel of children
will under such policy be nterdicted or unauthorized
will be given passports whose travel
public end is necessary humane work abroad citizens
choose to take oversee passage without passports they
should take the risk and their murder at by
unlawful submarine activity should necessarily involve
States would afford
grounds for heavy claims OF monetary damages but the
nation should allow itself be plunged into general
merely the result of the reckless thoughes
necessary act Of any citizen
But while this should be policy does follow that
the United States should simply abandon its nationals
their fate they violate the expressed will Of this
country
The intent, as well as the act, offending power
must be taken into consideration.
If the intent is clearly hostile and German waTship.
by any hostile act part, deliberately
attacks flag and murders nationals then the United
States must accept battle.
1t is necessary for the United States to draw the line
somewhere beyond which invasion of human rights,
what may be called biological natural rights, must
not go.
Communication between ports and Europe will 90 on
that may be taken for granted
Destruction without salvage of passengers and crews, of
American ships, revos our very deepest
Of humanity, and must not without subecting
the offender to punishment
We afford waive for the time all considerations Of
property goods ships, subject to adjustment Of claims
after the for money compensation.
But Americans have legal and moral right to travel
where necessity calls Them and reckless destruction Of their
lives by authorized agents Of other not TO
be compensated with money.
Such crimes invade fundamental right of free nation
and therefore challenge fundamental duty.
That government does live which cannot
will not exert itself to defend from intentional destruction
agents of another government the lives of its people
gagged sanctioned by the practice the laws the
moral of the nation, and inimical other.
And if government cannot protect life in all cases.
must at least undertake inct punishment upon the
offending power through its government; punishment suf
GENTLY to make unlikely repetition of the crime.
Americans errand of necessity Europe
on American passenger-carying ships mounting guns
violate neither the practice the laws the moral
of the American people; nmica any other people
or government.
If the ships carry contIaband they subject
of and search and under certain circumstances
they be sunk by belgerent warshp after
gers and have been safely removed thereafter
perish by accident Of the risk