From Isolation to Leadership, Revised / A Review of American Foreign Policy

by John Holladay Latané

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.