Part 9

While Great Britain may be charged with having unwarrantably extended the application of certain rules of international law and may have rendered herself liable to pecuniary damages, she displayed in all her measures a scrupulous regard for human life. Her declaration that "The whole of the North Sea must be considered a military area," was explained as an act of retaliation against Germany for having scattered floating mines on the high seas in the path of British commerce. She did not undertake to exclude neutral vessels from the North Sea, but merely notified them that certain areas had been mined and warned them not to enter without receiving sailing directions from the British squadron.

The German decree of February 4, 1915, establishing a submarine blockade or "war zone" around the British Isles, on the other hand, was absolutely without legal justification. It did not fulfill the requirements of a valid blockade, because it cut off only a very small percentage of British commerce, and the first requirement of a blockade is that it must be effective. The decree was aimed directly at enemy merchant vessels and indirectly at the ships of neutrals. It utterly ignored the well-recognized right of neutral passengers to travel on merchant vessels of belligerents. The second decree announcing unrestricted submarine warfare after February 1, 1917, was directed against neutral as well as enemy ships. It undertook to exclude all neutral ships from a wide zone extending far out on the high seas, irrespective of their mission or the character of their cargo. It was an utter defiance of all law.

The citizens of neutral countries have always had the right to travel on the merchant vessels of belligerents, subject, of course, to the risk of capture and detention. The act of the German ambassador in inserting an advertisement in a New York paper warning Americans not to take passage on the _Lusitania_, when the President had publicly asserted that they had a perfect right to travel on belligerent ships, was an insolent and unparalleled violation of diplomatic usage and would have justified his instant dismissal. Some action would probably have been taken by the State Department had not the incident been overshadowed by the carrying out of the threat and the actual destruction of the _Lusitania_.

The destruction of enemy prizes at sea is recognized by international law under exceptional circumstances and subject to certain definite restrictions, but an unlimited right of destruction even of enemy merchant vessels had never been claimed by any authority on international law or by any government prior to the German decree. The destruction of neutral prizes, though practised by some governments, has not been so generally acquiesced in, and when resorted to has been attended by an even more rigid observance of the rules designed to safeguard human life. Article 48 of the Declaration of London provided that, "A captured neutral vessel is not to be destroyed by the captor, but must be taken into such port as is proper in order to determine there the rights as regards the validity of the capture." Unfortunately Article 49 largely negatived this statement by leaving the whole matter to the discretion of the captor. It is as follows: "As an exception, a neutral vessel captured by a belligerent ship, and which would be liable to condemnation, may be destroyed if the observance of Article 48 would involve danger to the ship of war or to the success of the operations in which she is at the time engaged." The next article provided the following safeguards: "Before the destruction the persons on board must be placed in safety, and all the ship's papers and other documents which those interested consider relevant for the decision as to the validity of the capture must be taken on board the ship of war."

The Declaration of London was freely criticised for recognizing an unlimited discretionary right on the part of a captor to destroy a neutral prize. Under all the circumstances the main grievance against Germany was not that she destroyed prizes at sea, but that she utterly ignored the restrictions imposed upon this right and the rules designed to safeguard human life.

Germany sought to justify her submarine policy on the ground (1) that the American manufacture and sale of munitions of war was one-sided and therefore unneutral, and (2) that the United States had practically acquiesced in what she considered the unlawful efforts of Great Britain to cut off the food supply of Germany. The subject of the munitions trade was brought to the attention of the United States by Germany in a note of April 4, 1915. While not denying the legality of the trade in munitions under ordinary circumstances the contentions of the German Government were that the situation in the present war differed from that of any previous war; that the recognition of the trade in the past had sprung from the necessity of protecting existing industries, while in the present war an entirely new industry had been created in the United States; and it concluded with the following statement which was the real point of the note: "This industry is actually delivering goods to the enemies of Germany. The theoretical willingness to supply Germany also, if shipments were possible, does not alter the case. If it is the will of the American people that there should be a true neutrality, the United States will find means of preventing this one-sided supply of arms or at least of utilizing it to protect legitimate trade with Germany, especially that in food stuffs." To this note Secretary Bryan replied that "Any change in its own laws of neutrality during the progress of the war which would affect unequally the relations of the United States with the nations at war would be an unjustifiable departure from the principle of strict neutrality."

Two months later the discussion was renewed by the Austro-Hungarian Government. The Austrian note did not question the intention of the United States to conform to the letter of the law, but complained that we were not carrying out its spirit, and suggested that a threat to withhold food stuffs and raw materials from the Allies would be sufficient to protect legitimate commerce between the United States and the Central Powers. To this note Secretary Lansing replied at length. He held: (1) that the United States was under no obligation to change or modify the rules of international usage on account of special conditions. (2) He rejected what he construed to be the contention of the Austrian Government that "the advantages gained to a belligerent by its superiority on the sea should be equalized by the neutral powers by the establishment of a system of non-intercourse with the victor." (3) He called attention to the fact that Austria-Hungary and Germany had during the years preceding the present European war produced "a great surplus of arms and ammunition which they sold throughout the world and especially to belligerents. Never during that period did either of them suggest or apply the principle now advocated by the Imperial and Royal Government." (4) "But, in addition to the question of principle, there is a practical and substantial reason why the Government of the United States has from the foundation of the Republic to the present time advocated and practised unrestricted trade in arms and military supplies. It has never been the policy of this country to maintain in time of peace a large military establishment or stores of arms and ammunition sufficient to repel invasion by a well-equipped and powerful enemy. It has desired to remain at peace with all nations and to avoid any appearance of menacing such peace by the threat of its armies and navies. In consequence of this standing policy the United States would, in the event of attack by a foreign power, be at the outset of the war seriously, if not fatally, embarrassed by the lack of arms and ammunition and by the means to produce them in sufficient quantities to supply the requirements of national defense. The United States has always depended upon the right and power to purchase arms and ammunition from neutral nations in case of foreign attack. This right, which it claims for itself, it cannot deny to others."

The German and Austrian authorities were fully aware that their arguments had no basis in international law or practice. Indeed, their notes were probably designed to influence public opinion and help the German propagandists in this country who were making a desperate effort to get Congress to place an embargo on the export of munitions. Having failed in this attempt, an extensive conspiracy was formed to break up the trade in munitions by a resort to criminal methods. Numerous explosions occurred in munition plants destroying many lives and millions of dollars' worth of property, and bombs were placed in a number of ships engaged in carrying supplies to the Allies. The Austrian ambassador and the German military and naval attachés at Washington were involved in these activities and their recall was promptly demanded by Secretary Lansing.

The violations of international law by Germany were so flagrant, her methods of waging war so barbarous, the activities of her diplomats so devoid of honor, and her solemn pledges were so ruthlessly broken that the technical discussion of the rules of maritime law was completely overshadowed by the higher moral issues involved in the contest. All further efforts to maintain neutrality finally became intolerable even to President Wilson, who had exercised patience until patience ceased to be a virtue. Having failed in his efforts to persuade Congress to authorize the arming of merchantmen, the President finally concluded, in view of Germany's threat to treat armed guards as pirates, that armed neutrality was impracticable. He accepted the only alternative and on April 2, 1917, went before Congress to ask for a formal declaration of war against Germany.

Had Germany observed the rules of international law, the United States would probably have remained neutral notwithstanding the imminent danger of the overthrow of France and the possible invasion of England. The upsetting of the European balance would eventually have led to a conflict between Germany and the United States. The violation of American rights forced us to go to war, but having once entered the war, we fought not merely for the vindication of American rights, but for the establishment of human freedom and the recognition of human rights throughout the world. In his war address President Wilson said: "Neutrality is no longer feasible or desirable where the peace of the world is involved and the freedom of its peoples, and the menace to that peace and freedom lies in the existence of autocratic Governments backed by organized force which is controlled wholly by their will, not by the will of their people. We have seen the last of neutrality in such circumstances." Having once abandoned neutrality and isolation we are not likely to remain neutral again in any war which involves the balance of power in the world or the destinies of the major portion of mankind. Neutrality and isolation were correlative. They were both based on the view that we were a remote and distant people and had no intimate concern with what was going on in the great world across the seas.

The failure of neutrality and the abandonment of isolation marked a radical, though inevitable, change in our attitude toward world politics. President Wilson did not propose, however, to abandon the great principles for which we as a nation had stood, but rather to extend them and give them a world-wide application. In his address to the Senate on January 22, 1917, he said:

"I am proposing, as it were, that the nations should with one accord adopt the doctrine of President Monroe as the doctrine of the world; that no nation should seek to extend its polity over any other nation or people, but that every people should be left free to determine its own polity, its own way of development, unhindered, unthreatened, unafraid, the little along with the great and powerful.

"I am proposing that all nations henceforth avoid entangling alliances which would draw them into competitions of power, catch them in a net of intrigue and selfish rivalry, and disturb their own affairs with influences intruded from without. There is no entangling alliance in a concert of power."

In other words, the Monroe Doctrine, stripped of its imperialistic tendencies, was to be internationalized, and the American policy of isolation, in the sense of avoiding secret alliances, was to become a fundamental principle of the new international order. If the United States was to go into a league of nations, every member of the league must stand on its own footing. We were not to be made a buffer between alliances and ententes.

X

THE WAR AIMS OF THE UNITED STATES

The advent of the United States into the family of nations nearly a century and a half ago was an event of worldwide significance. Our revolutionary ancestors set up a government founded on a new principle, happily phrased by Jefferson in the statement that governments derive their just powers from the consent of the governed. This principle threatened, although remotely, the existence of the aristocratic governments of the Old World which were still based on the doctrine of divine right. The entrance of the United States into the World War was an event of equal significance because it gave an American president, who was thoroughly grounded in the political philosophy of the Virginia Bill of Rights, the Declaration of Independence, and the writings of the founders of the Republic, an opportunity to proclaim to the world the things for which America has always stood. In this connection H. W. V. Temperley in "A History of the Peace Conference of Paris" (vol. i, page 173) says: "The utterances of President Wilson have a unique significance, not only because they were taken as the legal basis of the Peace negotiations, but because they form a definite and coherent body of political doctrine. This doctrine, though developed and expanded in view of the tremendous changes produced by the war, was not formed or even altered by them. His ideas, like those of no other great statesman of the war, are capable of being worked out as a complete political philosophy. A peculiar interest, therefore, attaches to his pre-war speeches, for they contain the germs of his political faith and were not influenced by the terrifying portents of to-day. The tenets in themselves were few and simple, but their consequences, when developed by the war, were such as to produce the most far-reaching results. It is not possible or necessary to discuss how far these tenets were accepted by the American people as a whole, for, as the utterances of their legal representative at a supreme moment of world history, they will always retain their value."

The principal features of Wilson's political philosophy were revealed in his policy toward Latin America before he had any idea of intervening in the European situation. At the outset of his administration he declared that the United States would "never again seek one additional foot of territory by conquest." In December, 1915, he declared: "From the first we have made common cause with all partisans of liberty on this side of the sea and . . . have set America aside as a whole for the uses of independent nations and political freemen." A few weeks later he proposed that the nations of America should unite "in guaranteeing to each other absolute political independence and territorial integrity." This proposal was actually embodied in a treaty, but this plan for an American league of nations did not meet with the approval of the other states, who probably feared that the United States would occupy too dominant a position in such a league. President Wilson's refusal to recognize the despotic power of Huerta, while expressing sympathy for the people of Mexico, was the first application of the policy which later so successfully drove a wedge in between the Kaiser and the German people. His refusal to invade Mexico and his determination to give the people of that country a chance to work out their own salvation gave evidence to the world of the unselfishness and sincerity of his policies, and paved the way for the moral leadership which he later exercised over the peoples of Europe.

President Wilson's insistence on neutrality in "thought, word, and deed," the expression "too proud to fight," and his statement in regard to the war, May 27, 1916, that "with its causes and objects we are not concerned," caused deep offense to many of his countrymen and were received with ridicule by others at home and abroad. His reasons for remaining neutral were best stated in the speech accepting his second nomination for the presidency, September 2, 1916: "We have been neutral not only because it was the fixed and traditional policy of the United States to stand aloof from the politics of Europe and because we had had no part either of action or of policy in the influences which brought on the present war, but also because it was manifestly our duty to prevent, if it were possible, the indefinite extension of the fires of hate and desolation kindled by that terrible conflict and seek to serve mankind by reserving our strength and our resources for the anxious and difficult days of restoration and healing which must follow, when peace will have to build its house anew."

Other speeches made during the year 1916 show, however, that he was being gradually forced to the conclusion that "peace is not always within the choice of the nation" and that we must be "ready to fight for our rights when those rights are coincident with the rights of man and humanity."

After the German peace proposals of December 12, 1916, President Wilson called on all the belligerents to state publicly what they were fighting for. This demand caused a searching of hearts everywhere, led to a restatement of aims on the part of the Allies, and threw the Central Governments on the defensive. In formulating their replies the Allies were somewhat embarrassed by the secret treaties relating to Russia and Italy, which were later made public by the Bolsheviki. In March, 1915, England and France had made an agreement with Russia by which she was to get Constantinople, the aim of her policy since the days of Peter the Great. By the secret Treaty of London, signed April 26, 1915, England, France, and Russia had promised Italy that she should receive the Trentino and Southern Tyrol, including in its population more than 250,000 Germans. Italy was also promised Trieste and the Istrian peninsula, the boundary running just west of Fiume, over which city, it should be remembered, she acquired no claim under this treaty. Italy was also to receive about half of Dalmatia, including towns over half of whose population were Jugo-Slavs. To President Wilson's note the Allies had to reply, therefore, in somewhat general terms. Their territorial demands were: "The restitution of provinces formerly torn from the Allies by force or against the wish of their inhabitants; the liberation of the Italians, as also of the Slavs, Roumanes, and Czecho-Slovaks from foreign domination, the setting free of the populations subject to the bloody tyranny of the Turks; and the turning out of Europe of the Ottoman Empire as decidedly foreign to Western civilization." The German reply contained no statement of territorial claims and gave no pledge even as to the future status of Belgium.

In reporting the results of this interchange of views to the Senate, January 22, 1917, President Wilson delivered the first of that series of addresses on the essentials of a just and lasting peace which made him the recognized spokesman of the liberal element in all countries and gained for him a moral leadership that was without parallel in the history of the world. "In every discussion of the peace that must end this war," he declared, "it is taken for granted that that peace must be followed by some definite concert of power which will make it virtually impossible that any such catastrophe should ever overwhelm us again. Every lover of mankind, every sane and thoughtful man must take that for granted." In fact, there was no dissent from this statement. Most of our leading men, including Taft, Roosevelt, and Lodge, were committed to the idea of a league of nations for the maintenance of law and international peace. The League to Enforce Peace, which had branches in all the Allied countries, had done a great work in popularizing this idea. The President came before the Senate, he said, "as the council associated with me in the final determination of our international obligations," to formulate the conditions upon which he would feel justified in asking the American people to give "formal and solemn adherence to a League for Peace." He disclaimed any right to a voice in determining what the terms of peace should be, but he did claim a right to "have a voice in determining whether they shall be made lasting or not by the guarantees of a universal covenant." First of all, the peace must be a "peace without victory," for "only a peace between equals can last." And, he added, "there is a deeper thing involved than even equality of right among organized nations. No peace can last, or ought to last, which does not recognize and accept the principle that governments derive all their just powers from the consent of the governed, and that no right anywhere exists to hand peoples about from sovereignty to sovereignty as if they were property." He cited Poland as an example, declaring that statesmen everywhere were agreed that she should be "united, independent, and autonomous."

He declared that every great people "should be assured a direct outlet to the sea," and that "no nation should be shut away from free access to the open paths of the world's commerce." He added: "The freedom of the seas is the _sine qua non_ of peace, equality, and coöperation." This problem, he said, was closely connected with the limitation of naval armaments. "The question of armaments, whether on land or sea, is the most immediately and intensely practical question connected with the future fortunes of nations and of mankind."

The Russian revolution, which came in March, 1917, and resulted in the overthrow of the Czar's government, cleared the political atmosphere for the time being, and enabled President Wilson in his address to Congress on April 2 to proclaim a war of democracy against autocracy. The new Russian government repudiated all imperialistic aims and adopted the formula: "Self-determination, no annexations, no indemnities." Poland was given her freedom and the demand for Constantinople was abandoned. The Allies were thus relieved from one of their most embarrassing secret treaties.