New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-04

Spaniards in 1898. II is true that the
situation is entirely different from that
existing at that time The passions
on both sides are deeply aroused, ana
the influences and numbers of the Ger
mans make them real source OF
danger. Nevertheless. we should ac-
cept the inconvenience Of the situa-
tion rather than be guilty of subject
ing them TO uniustifiable rigors IN
violation of the rules OF international
law and due regard for the fair name
of our country.
At this moment the American people
stands before the bar Of history, and
we shall have a supreme opportunity
of showing that we know how 70 con-
troll our passions and protect the de-
fenceless non-combatant enemies from
the frenzy of the mob. Looked at from
the broadest point of view, we shall
be economically stronger and better
able to bring Germany TO terms II we
allow their citizens to continue the
ordinary vacations.
Rules for Conduct
The we'll recognized rule OF the in
volatility of private enemy property
on land must be applied in spirit
which will show q broad intelligence
and a determination TO have our con-
duct conform TO the rules Of lnterna-
tional law. In this connection 1t is
important that we should not close our
courts to German suitors. In the recent
British case of Porter against treu-
denberg London: Law Times Re
ports; vol. XXI, PIP. 162-l7D, the high
est court. in my opinion, mlsinterpreted
Article 23d, of the Hague Conventions,
relative to the war on land. by when
it is specially forbidden to the sig
natory nations
"to declare abolished, suspended or
inadmissible in court OF law the
rights and actions of the nationals
of the hostile party;
and refused to permit the Germans to
enjoy the privilege of bringing suit IN
the British courts. In view OF the
clear wording of The Hague provision
and the incidental discussions, 1t was
not a precedent which this country
should follow. ! cannot consider this
decision one which our courts ought 10
follow.
In regard to the great German liners
laid up in our harbors, the situation
is entirely different. There is no obli-
cation in international law which
should prevent our requisitioning these
vessels. whenever the interests OF the
nation require us so to do. Certain re-
ports to the contrary notwithstanding,
Case of the German Liners
There are several reasons why Hague
Convention Article VI relative to en-
envy ships at the outbreak of hostiltles
does not apply in the case of the Ger
man liners:
ID The convention has not been
signed by the United States.
(2) According to Article V the CON
vention does not affect merchant ships
whose build shows that they are IN
tended for conversion into warships.
Although the liners in question are en-
tirely peaceful in point of view of their
construction. the fact that they could
play an important part in the conduct
of cruiser warfare and the transport OF
troops takes them out of the purely
commercial interests which the conven
ton aimed to protect.
go In any event Article II expressly
permits the requisitioning on payment
of compensation of vessels unable to
leave the port by reason of force ma
ieure.
(4) The purpose of the convention,
as the preamble well shows, was not to
protect shipping from seizure, but to
limit the confscations of war to the
actual period of hostilities. 1t was felt
that prior to the outbreak of war the
lack of some such protection as Con-
vention VI proposes to afford would
cause the ships hurriedly to put to sea
to the disastrous interruption Of
peaceful commerce. The consequence
to the disastrous interruption of
the causes leading to conflict. The
German liners are not in this situation.
Under No Obligations
(5) On the other hand, it may be ar
gued that the German vessels have put
themselves in our power, relying on our
protection. and that it is contrary to
the protested policy of the United
States to confiscate private property at
sea. We have never, however. pro.
claimed our intention TO forego the
right of seizure until there should be
a general agreement among the ma