The sun., 1917-02-11
ASKS MEANING
OF OVERT ACT
McCumber Wants Defini-
tiOn of Actual Status of
U. S. and Germany.
LIMITS RESPONSIBILITY
Says Protection Can Be Given
Only to Ships Not Carry
ing Contraband.
LIMITS RESPONSIBILITY

WASHINGTON, Feb. 1e.-Senator Nc
cumber addressed the Senate to-day in
support Of his resolution calling on the
President for a definite statement as to
the present submarine policy OF the Gov
eminent. He asked that his resolution
80 to the Committee on Foreign Rela-
tions. The Senator said something
ought to go to the country from official
sources that would allay apprehension.
II actual danger exists, he said, the
country should know 1t.
Il feel that we owe it to the American
people that they shall not be left in the
dark as to what this country recognizes
as legitimate belligerent acts and what
on the other hand we concede to be the
legitimate rights Of neutrals"
Law of Visit and Search.
Reading from diplomatic correspond
suce, the Senator from North Dakota,
who is a member OF the Foreign Rela-
tions Committee, called attention to the
fact that the United States had always
maintained in the notes the necessity of
complying with the law Of visit and
search and that IL failure to comply
with this rule resulted in the loss Of life
Of an American citizen on an American
vessel or otherwise the German Govern
ment had been threatened with war in
language SO unmistakable that it ad-
mitted of no controversy.
The Senator quoted the words Of the
American note that the--Cuftcd -ttstxtes
In such an emergency would take any
steps II might deem necessary to take
to safeguard American rights and prop
erty and to secure to American citizens
the full enjoyment of their acknowledged
rights on the high seas The Senator
said that az he had read the corre-
spondence ii meant the assertion OF the
principle that whether American citi-
Gems travelled on merchant vessels OF
any nationality, carrying contraband or
not. they would be protected by their
Government.
"Is this the standard by which we
are to determine whether We shall enter
into this war?" he asked.
"There ought not to be any misunder-
standing on this. If that is our con-
tention, if we are to hold that our
people have right to travel upon the
merchant vessels OF a belligerent Power
and IL the lives of such citizens are
destroyed by another belligerent. then
in my opinion. we ought to prepare I'm
mediately for war.
Submarine I'm Warfare.
'when this controversy became acute
q year ago I took the position that
under International law as II existed
prior to the introduction of submarines
in warfare a merchant vessel. whether
belligerent or neutral. could not be sunk
IL she surrendered. that her passenger.
and crew must be adequately protected
and the vessel held as a prize. but
insisted that the right to use the sub
marine in warfare carried with 1t the
right 70 make war upon enemy com
merce. and that while the rule OF hu.
nanity that a defenceless ship should
not be fired upon and that the passen.
gers and crew must be fully protected
ought not and would not be modified
the inability of the submarine to take
possession of the merchant vessel anc
carry 1t into port would work modin
alton Of the old rule of internationa
law
I'VE would be compelled. IL we main
tain our demands, to declare war II
either an American or belligerent mer
chant vessel is sunk IL the sinking re
suits in the loss of American life.
1--WE would not go to war with Ger
many because OF her failure to comply
with this rule IL neither American lives
nor American ships were destroyed. Al
the matter now stands would say Ger
many can avoid war with the United
States, first. by refraining from the de
struction of any American ships either
with or without notice, not carrying con
traband second. by refraining from
sinking American ships without notice
even though they may carry contraband
and third, by first assuring herself ina
there are no Americans on board bel
lgerent merchant vessel IL such vessel !:
sunk without notice. But I am not Ger
tain that either the State Department Of
the Executive agree with this. 1t ough
not to be left in doubt.
Blockade PrOcla mn tion.
"If the reports Of the Cabinet meeting
Yesterday are true we shall now need {
definition of an overt act. Just how th'
German Government can do more than i
has done TO constitute an overt act 1t II
difficult for me to understand. The proc
lamation of "A blockade by that Govern
mcnt said in effect that any vessels com
Ing into the war zone would be sunk ant
Indicated that they would be sunk with
out notice.
Since February I seventy-hve vessel
have been sunk without notice. On on
a. least the life OF an American citizei
va taken and ] believe one was al
American ship And yet we are told b.
the morning press that this Government
will await an overt act. Certainly II W
wait for a more definite action OF tn
iurnose OF the German Government Z
adhere to its declaration there can be Il
MY judgment no danger whatever Of wal
The morning papers stated that tn
PRESIDENT and his advisers let Il b
'nown last night that the following
course had been decided on: When tn
President IL satisfied that American
L-Ans and Amerlcan shlns haye heen de