New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-22

To the Editor of The Tribune.
Sir: Germany's submarine warfare
outrance shocks the civilized world. Even
the feeble neutrals whom she oVera"es .!
proximity refuse their sanction to her O",
barous practices. The United States VIII TO-
crate no conduct upon the high seas winch
illegally restricts the rights of its citizens or
l. Il, vioration Of the laws Of humanity
Brazil. Peru, Uruguay, the Argentine hepuo
lie and Bolivia have denounced the ha'sei
piratical methods as in contravention OF 'he
nriviIeoes secured TO neutrals by the law OF
nations. One further step, however, ought, i
seems TO me- to be taken by Germany en-
emies. by the United States and all other heu-
trail powers opposed to her arrogant anu
faeitious claims, and that is TO enact drastic
legislation making it piracy, punishable with
death. for any one, whether emperor, minister
submarine officer or member OF submarine
crew. to order or participate in the sinking OF
any passenger ship lawfully upon the ocean,
whether within or outside any so-called zone
or to cause the destruction of the lives of any
persons thereon.
Ever since the sinking of the Lustanla l
have believed the German Emperor guilty OF
the crime of piracy Were he to be seized
within the jurisdiction of any nation whose
citizens he has sent to watery grave, tnere
would | am impelled to think, be little DIM
Guilty in convictng him of piracy under the
law of nations. All civilized peoples, ancient
as we'll as modern, have regarded piracy as
an intolerable offence against society, ana
the perpetrators of it as deserving death
wherever they could be found, upon the just
theory that they were enemies of the human
race incapable of pity and devoid, therefore,
of all claim to mercy or clemency. Wheh
Pompey and, afterward, Cesar hunted down
and sank the piratcal galleys that for time
rendered commerce upon the Mediterranean
almost impracticable, their conduct was &C
claimed bv the orators and moralists of their
day Nobody doubts that Preble and De-
catur in sinking the corsars of Tunis and
Tripoli and bombardng the capitals of the
petty tyrants who authorized or connived at
the crimes done by their subjects not only
committed no moral or legal wrong, but justly
merited the approval they received. To fly no
flag is worse than to hoist the black flag. To
lure the innocent non-combatant to death by
the display of the ensign of friendly power
is an act of fendishness hard to parallel in
the darkest annals of mankind.
Guilt of Those in Command
All such atrocous deeds, whether COM
mitted with or without notice (for the doc
trine of visitation and search here has no
possible application, constitute piracy under
the law of nations. The laws OF all SOW
ereignties and the canons of logic and morals
as well recognize the principle that he who
orders or incites the commission of crime IS
himself amenable TO punishment equally with
the agent or accomplice through whom his
commands are carried out-in fact his guilt
is far greater. From the Emperor down to
the men in charge of the undersea boats ana
the crews thereof. all by the doctrines OF the
common law and the law of nations are liable
to condemnation and punishment as pirates
the only present difficulty being to reach
them. These views, | am confident, must find
expression in the opinions of Lord Stowe!l
and others of the old admiralty judges OF
England as we'll as in more modern judgments
and in the pages of authors of treatises upon
international law. As far back as 1919 piracy,
as il was known under the law of nations,
was made a crime by the United States. By
tho Constitution Congress was vested with
authority "to define and punish piraces and
felonies committed upon the high seas and
offences against the law of nations" In our
earlier history cases arose in which the Su-
preme Court Of the United States upheld the
conviction of persons prosecuted under this