New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-04-13
Lansing Says German Men
ace Kept Holland From
Fulfilling Agreement
Memorandum Gives
Attitude of u. S.
Shows Requisition of Ton
mage Is Real Benefit to
Netherlands

w AS1lAN u YIN, Aplll '-1AAASA iC<@ o
reply to the recent statement of the
Netherlands government, bitterly pro-
testing against and denouncing the &C.
ton of the United States in taking over
Dutch ships in its portss was made pub
lie tonight in the form of a memoran-
dunn by Secretary Lansing, copy of
which has been sent to- the Netherlands
Legation.
Pointing out that the Netherlands
government itself does not question the
legality of the act, Mr.. Lansing de-
votes himself to a demonstration that
it was an act of necessity resulting
from Germany's menacing attitude
which prevented Holland from fulfilling
her engagements, and that instead of
an injustice the step results in real
benefit to the Dutch ship owners and
people.
No Question of Legality
The memorandum follows:
"The Netherlands government has
issued a statement relative to the re-
cent action of the government OF the
United States in putting into It's SER
vice for the period of the present war
emergency certain privately owned yes
sells of Netherlands" registry lying
within the territorial jurisdiction of
the United States. While this action is
referred to as being indefensible from
the standpoint CT international law, the
statement of the Netherlands govern
ment does not argue the question Of
legality, nor is this government dis
posed to do so.
"The practice of nations and the
opinions of jurists on the right of a
belligerent to utilize all vessels which
come voluntarily and Internationally
within its jurisdiction are sufficiently
we'll known to render citation of prece-
dent and of authority unnecessary.
But, as the Netherlands governm er t
itself suggests, our action must be sub
jected to a finer test than that of mere
legality. 1t matters very little that our
act be legal if, as alleged, it violates
traditional friendship and is incon-
sstent with ideals of right and JUS
tice.
Would Have Aided Enemy
"The Netherlands government first
declare that the very. presence of Dutch
ships in our ports resulted from our
detention OF them with an unfriendly
hand. While our right to refuse
bunkers and cargo licenses is conceded,
friendship, it is said, should have led
to the granting Of special privileges
in favor of the subjects. OF friendly
state. Our own supply of bunker coal
at scaboard has been inadequate FOR
our pressing national needs. The
cargoes which were demanded were
largely of grain, of which our own re-
serves are all too low. The bunkers, if
granted, would have served to carry
this grain to the Netherlands, where
as events have demons trated, it was
not then needed, and where it would
have served only to release equivalent
foodstuffs for the enemy. Such action
upon our part, whatever its intention
would, in fact, have been an act bcne-
fcial to the enemy and having no re-
lation to our friendship to the Neither
lands.
"The owners of Dutch ships were
however, unwilling that their ships
should perform any other services than
those which it was clearly impossible
FOR US to facilitate, and the ships OF
this maritime nation accordingly lay
Idle for many months, and until the
conclusion, on January 25, 1918, of the
temporary shipping agreement, which
was proposed by the Netherlands com
missioners at London and accepted BY
the United States as, a measure to re
store to immediate activity that por
ton of the Netherlands mercantile
feet lying within our waters.
Blocked by German Threats
"The statement of the Netherland
government seems to imply that thi
agreement was in fact lived up to b,
tn, Netherlands government, yet evi
dence to the contrary is found in tn,
statement itself, which refers to Ger
man objections as having prevented
performance by that government o
what is enormously referred to a.
Americas demand, but what was i,
reality Netherlands undertaking
that when a Dutch ship left the Unite,
States for the Netherlands a CORE
spending Dutch vessel should stimuli
taneously leave the Netherlands TO
the United States.
Had rot the Netherlands govern
ment, under German threats Of VIC
lence, which were matter Of common
knowledge, felt unable to carry out tn
temporary shipping agreement, it i
inexplicable that the steamship
Samarinda and Adonis would hav
sailed for Dutch port, with their car
goes Of foodstuffs, which, under tn
agreement, the Netherlands was to re
ceive, and of which it was asserted he
people were in direst need. Indeed, tn