Evening star. [volume] (Washington, D.C.) 1854-1972, 1941-05-27

Never has the =.
Unite d States David Lawrence.
permitted foreign government to
dictate how it may use the high
seas. Never has the United States
submitted heretofore to the orders
of another governments navy as to
how its own vessels may proceed.
American participation in the last
war came as the result of the blunt
challenge of the German govern
ment, together with a German at
tack on American citizens and their
properties.
Admiral Readers threat Of at
tack is the first formal word that
has come from the German govern
ment expressing an avoWed intent
to attack American naval vessels II
they should attempt to protect the
commerce of the United States.
The right to convoy American
vessels or even to afford protection to
the neutral,vessels of other countries
If they are unarmed and are engaged
in commerce on the high seas is
traditional. If the NaZis insist on
depriving the vessels and property
of the United States from transit on
the high seas, this will be the first
invasion of American rights which
will have come from Berlin in the
second World War.
So far as American rights and in
terests are concerned, the doctrine
hitherto followed is that to submit
on one front today is to be COM
PEELED to submit on another tonior-
row. Either international law as
understood and followed by the
United States in the past will be
respected by the German Navy or
else the American Government will
be faced with the question of wheth-
er it wishes to back up It's rights
with force.
Bluster for Its Effect.
This concrete issue has long been
in the background, but it has not
been believed that the Nazis would
venture to put it to the test. Even
now the belief here is that the
Taeder statement is mere bluster
put out for propaganda effect and
does not represent Hitler policy-at
least not on the. basis of events as
thus far developed. ...
President Roosevelt made his
promise to keep the American peo-
pie out of war except in case of
attack" Is a threat from the Nazi
Admiralty to sink at sight American
merchant ships an attack" 1t
was so construed by President Will
son, who asked Congress on April
6, 1917, not to declare war but to
recognize state of war as having
existed because Of the attack made
by German submarines on American
lives and property.
The first real attack on American
citizens came to light only a few
days ago in the official announce
ment that the neutral ship Fam
Fam had been attacked. American
citizens report that the vessel was
shelled. Although in this case no
lives were lost, the placing of the
lives of American citizens in
jeopardy on the high seas is an
offense against the security of
America as proclaimed in the diplo-
matte notes exchanged between the
United States and Germany from
1915 to 1917 Although the Con-
gress has passed restrictive legis-
lation to prevent American citizens
from accepting the hazards Of sea
voyages in wartime, the United
States never waived her rights under
international law. There are GER
tain lawful. errands which history
confirms may be undertaken in
wartime, and for the navy of q
belligerent to shell an unarmed
neutral vessel without warning and
to attack any neutral vessels or
even the unarmed merchant vessels
of belligerent countries carrying
American citizens is an attack
against the United States under the
present conception of American sea
rights under international law.
The German Nays threat to
engage in Shooting" if American
commerce is conveyed to Europe be-
comes a historic event. For the
United States Government cannot
let it go unrefuted.
Limitations on Blockade.
The defense of the Nazis is that
under international law any bel
ligerent can proclaim a blockade
and neutrals are bound to respect it.
But a blockade under international
law cannot include all of the seven
seas, nor can it embrace areas that
are not effectively. patrolled in such
way as to prevent ingress or egress
of the blockaded country's vessels.
The fact that shipping is entering
and leaving England makes the
blockade ineffective" in the legal
sense in which the term is used.
There is another point in inter-
national law governing the search
and seizure of neutral and belliger-
ent vessels. The United States has
not altered since the last war its
position that warfare at sea as it
concerns ships must be conducted
on humane basis. This means that
vessels must be halted and searched
and If captured they must. be taken
to a belligerent port, the lives of the
passengers and crew being safe
guarded.
1t will be contended, of course,
that submarine cannot halt a
merchant ship and take time to con-
duct a search, but so far as the
United States is concerned 1t does
not recognize the use of the sub
marine as an instrument of in
humane or Illegal warfare. Admiral
Raeder may have issued his state
ment merely to crystalline American
isolationist sentiment and to strike
fear among those Americans who
ere fearful of the Nazi power, but
he has unwittingly perhaps given
the Department of State conven-
lent springboard for discussion OF
the rules of sea warfare which can
have a material bearing on the as
sertion of an American right later
on to use conveys to protect its YES
sails and citizens against illegal use
of seapower by the Nazis.