Der Deutsche correspondent. [volume] (Baltimore, Md.) 1841-1918, 1917-02-15

THE PEOPLE or THE UNITED
STATES ALONE HAVE THE
CONSTITUTIONAL AND
MORAL RIGHT TO
DECIDE WAR.
(From the New York American,
February 14D
To the Congress of the United
States
The people of the United States
are strongly opposed to war. SO
are the majority OF you, who re-
present the people. And yet we
stand tiptoe on the brink Of war.
Senators and Representatives, shall
we tell you WHY the country stands
on the crumbling edge Of this abyss
OF war? It Is because YOU have not
been faithful to your oaths to uphold
the Constitution Of the United States.
Senators and Representatives, that is
hard saying, but 1t is absolutely
true. The whole world knows that
our dispute with the German Gov
ernment is over two radically diff
ferent interpretation Of information
al law. The Government OF Germany
contends that a ship carrying cannon
and gunners Is an armed ship. and
IA
warning. Our Department OF State
contends that a ship carrying cannon
and gunners declared 70 be for use
in defense is not an armed ship and
that to sink it without warning is an
cffense against the law OF nations.
We all know that submarine war
fare is new thing concerning which
there have been no antecedent agree
NM fr ,,Y. th.4n !
law. Therefore, when this war be-
gan to develop the use OF submarines
to destroy enemy commerce, it was
necessary that our Government de-
fine what use of tho submarine
would constitute an offense against
the law of nations and what uses
would not be oifenses against the
law of nations, in the opinion of the
United States 1f the Government Of
the United States defined the sink
ing, without warning and visit, Of
q ship carrying defensive armament
to be an offense against the law Of
nations, thea each case Of that kind
would become a cause Of war. If the
Government Of the United States de-
fined a ship carrying cannon and
gunners for defense or offense to be
an armed ship, then no case in which
such a ship was sunk by a submarine
without warning would be q cause of
war. That clearly and accurately
states the situation, does 1t not?
Mr.. Secretary Lansing first notified
all the bclligerents that our Govern
ment was inclined to hold that a
ship carrying armament was armed,
and could be lawfully treated as an
armed ship by a submarine. He
subsequently revoked this decision
and notified the belligerents that
our Government would hold a ship
carrying armament for defense only
to be an unarmed ship and would
consider her treatment as an armed
ship by a submarine to be an offense
against the law OF nations; and that
the incidental killing OF any Amer
lean by such an unlawful sinking
would be an act of piracy and felony
on the high seas which would cause
our Government to break off diplo-
matte relations and seel1 further re-
dress in its own way This also Is
q clear and accurate statement OF
that situation, 10 it not? You agree,
that il is, do you not? Well, then,
Senators and Representatives, we
impeach you before the high court
Of your own consciences, and charge
you before the higher and far more
august court of tho people OF these
United States, with having openly
disobeyed the Constitution al the
United States, which you every one,
swore to obey and to uphold when
you took your seats in the council
chambers of the Nation. And we
charge and affirm that you have been
derelict in your duty imposed upon
you by the Constitution, and that you
have, unfaithfully to your sworn
obligation, permitted and endorsed
the unlawful exercise by a depart
ment officer Of the sole powers
granted to you by the Constitution,
and to you alone And we charge
and affirm that our country ID on the
edge OF war over definition of fol-
MES on the high seas and offenses
against the law of nations uncon-
additionally and unlawfully made by
the usurpation Of your sole powers
by Cabinet officer, with your Illegal
and unconstitutional assent. For,
Senators and Representatives, If our
fathers wrote any ono grant or pro-
hibition Of powers clearly into our
Supreme Law, they clearly command
cd that you, and you alone, should
have the power or exercise the power
to define what acts Of q submarine
are and what are not felonies on the
high seas and offenses against the
law Of nations.
Article L.. Section 8. paragraph 10,
Of the Constitution says:
"Thc CONGRESS- shall have
power:
ITO define and punish piracies
and felonies committed on the
high seas and oflenscs against
the law Of nations"
And paragraph II, continuing,
says
ITO declare wals grant letters
Of marque and reprisai and
make rules concerning captures
on land and water"
Now, it is impossible to make
language more explicit than that.
Who is commanded by our Supreme
Law to define how a submarine may
attack a ship and how ii may not.