“‘Beginning on February 18 everybody must take the consequences. The hate and envy of the whole world concern us not at all. If neutrals do not protect their flags against England, they do not deserve Germany’s respect.’
“The misuse of the American flag is annoying to this country as well as exasperating to Germany, but no government in its senses would seriously threaten to make that an excuse for piratical operations. A merchant ship has a right to fly any flag the skipper has in his locker, particularly if thereby he can deceive an enemy and evade capture. The custom is as old as maritime warfare, and has been resorted to numberless times by every nation.
“But this issue is trifling compared to the German effort to exclude neutral shipping from an arbitrarily decreed ‘war zone.’ It is officially admitted that this does not comprise a formal blockade, but it is clear that Germany is attempting to achieve the benefits of a blockade without its heavy responsibilities.
AN INHUMAN POLICY
“It is understood that she has a perfect right to hold up and search neutral ships in her declared ‘war zone,’ and to make prizes of such as carry contraband. But it is the possession of this very right which forbids the inhuman policy she proclaims. She cannot plead ignorance of a vessel’s identity, or attack it unless it refuses to stop when signaled. The burden of proof is upon the submarine, and to torpedo a vessel on suspicion merely would be unredeemed piracy and murder.
“This is distinctly a case in which the convenient doctrine of ‘military necessity’ is not to be invoked. Nor would an occasional misuse of a neutral flag by belligerent vessels, as a ruse of war, justify a mistaken act of destruction. If every British merchantman approaching England flew the American colors, that would not excuse the torpedoing of one American ship.
“These facts are stated with convincing clearness in the official protest sent from Washington to Berlin. We do not know who framed this document, although it bears distinct literary marks of revision by President Wilson. But whoever the men actually responsible for it, they produced a state paper which is a model of terseness, lucidity, dignified courtesy and force, an irrefutable presentation of the relevant principles of international law and justice. No loyal American wants trouble, but the blood of the most pacific citizen must move a little faster on reading the German decree and the restrained but perfectly straightforward reply sent by our government.”