Evening star., 1939-09-15

greSS may leSlS- b"'iu 'a"ieh'e'
late to keep Americans from trav-
cling on the high seas or may bar
the shipment of certain goods des-
tined to belligerent countries this
does not in any way give the navieS
of either the Nazis or the allies the
right to torpedo vessels without
warning or to confscate American
property without just proof that the
goods are contraband.
The Hull statement became nee
essary in view Of the misunder-
standings abroad as between what
is known as municipal or domestic
law, on the one hand, and interna-
tional law. Congress may make
rules for the conduct of our citi-
zens, but this does not mean that
foreign nations have the right to
imperil the lives or the property of
American citizens.
This issue was the one on which
America entered the war in 1917
Protests to foreign governments
were unavailing, and despite re-
peated messages to the German
government, the submarines of the
Kaisers Navy insisted on attacking
without warning any and all ves-
sells, whether they flew the Amer
ican flag or any neutral flag.
Confusion Over Rights.
This correspondent pointed out
last week that evidently European
governments were confusing our
Federal statutes with our rights un-
der international law, and that
American citizens had a right to
collect damages and to obtain the
support of their Government in the
diplomatic procedure necessary to
obtain payment for their claims.
The action by the Department of
State follows the filing Of an Off
cial report that the steamer Athena
was torpedoed without warning by
submarine. German propaganda
agencies have claimed it was a
British mine, but when the Lusi-
tania was sunk the Germans, at
first, disclaimed responsibility, too,
and it was not till long afterward
that the identity Of the submarine
was established.
In view of the fact that the Athe-
MIA was a British ship, the official
presumption will continue to be that
a German submarine imperiled the
lives of more than 300 Americans.
A note of formal protest to Ger
many will doubtless be sent very
soon.
ForestalIing Excuses.
While it is unquestionably true
that at the present state of Amer
lean opinion, there is no likelihood
whatever of American participation
in the war due to submarine sink
ings of belligerent ships carrying
American citizens, or even Amerl-
can vessels, the Department of State
will make the record just the same
and call every instance to the at
tention of the Nazi government.
American ships will be painted
plainly with large letters and flags
on their sides, Just as they were in
the World War, when such insignia
were 1agrantly disregarded, but the
assumption is that the Berlin gov
ernment this time will not take risks
with American public opinion, un-
less of course, any considerable
number of the members of Congress
should insist that America will never
go to war again to defend any rights
on the high seas-something which
has not yet crystallized as the Amer
lean position.
There are signs that the naval
warfare and attempted blockade is
growing in intensity, and that in the
very first days of the war the de-
struction of ships and cargoes on
both sides Is at greater pace than
was attained in the first year of the
World War. Under the circum-
stances, a definition of American
policy in communications to the
British, French and Nazi govern
ments becomes an essential step In
protecting American trade from un-
Just interference.
Reproduction Rights Reserved)