_RIGHT TO SHIT
ARMS TOjUROPE?
By Prof. Ellery C. Stowell, Authority
on International Law.
The simplest way to reach an un
derstanding of the question of the
shipment of arms and ammunition
from America to Germany’s enemies
without entering into confusing tech
nical details, will he to answer the fol
lowing questions:
1. Have we a right to ship arms to
the allies?
2. Have we a right to prohibit such
shipments?
3. What course will best serve our
national Interests?
4. What can Germany do?
1. Have the citizens of the United
States a right to ship arms and am
munition to the allies?
There can he no serious discussion of
this point; for over a hundred years it
has been recognized that citizens of
neutral countries might sell and ship
arms and ammunition to belligerents.
Whatever the popular feeling in
Germany or elsewhere, this rule is so
well understood that the German gov
ernment has not made, nor would it
make, the claim that such shipments
were contrary to international law.
2. Has the Government of the
United States a right to prohibit such
shipments?
We cannot so simply answer this
question by an unequivocal yes or no.
In the first place, undoubtedly in time
of peace we could decree that in future
wars American citizens should be pro
hibited from engaging in the traffic of
arms, hut when neutral during the
progress of this great conflict we have
no right to modify our neutrality re
gulations in any way such as mater
ially to affect the interests of either
belligerent, unless such modification Is
necessary to protect our interests or to
provide for our national security.
At first sight, such a situation might
seem to exist, since hv prohibiting the
exportation of arms and ammunition
we could avoid all danger of war with
Germany. To modify our regime In
order to. avoid friction with one belli
gerent would as surely involve us with
the other.
We should, in fact, be taking the
further disadvantage of establishing a
precedent that the rights of Ameri
cans when neutral ,to carry on their
commerce must be modified when tem
porarily inconvenient to some powerful
belligerent.
The humanitarian aspect of the
question will be discussed further on;
suffice it to say now that the time to
make a modification of our neutral
practice out of regard to such consid
erations is before the war has com
menced. When the war is in progress
even though such action might seem
in the .interest of humanity, it would
be at the cost of a violation of the]
precious rules of neutrality, them
selves, one of the greatest bulwarks of
national liberty.
We must not destroy one good and
tried redoubt to commence the con
struction of another which may seem
for the moment of great importance.
Furthermore, if either of the belli
gerents should disregard the rights of
American citizens to trade with the
other, the United States might in its
discretion retaliate by prohibiting all
exports of arms to the belligerents re
sponsible for such illegal interference
with America's rights as a neutral to
carry on its commerce as allow’ed by
the rules of neutrality.
3. What course of action will best
serve our national interests?
There can be no reasonable doubt
that our interests demand that we
should not interfere with the shipment
of arms and ammunition during the
present war: first, because to do so
would have us absolutely nt their
mercy should they wish to retaliate.
The subjugation of America would
present no great difficulties to the
allies; not that we lack courage or re
source9, but we are totally unprepared.
A second reason is that we need to
stimulate the manufacture of arms and
ammunition to make up in some slight
measure *or our lamentable state of
unpreparedness.
More important than these reasons
of a temporary application is the fun
damental consideration of permanent
national efliicency.
To cut off the shipment of arms from
neutrals would lead to the establish
ment of great governmental arsenals
by all the Powers and would mean
that vast amounts of capital would be
squandered all over the world in this
way.
Under the present system a nation
with good credit, which indicates a
high civilization, can call tipon the
private manufacturers of neutral na
tions for supplies of arms and am
munition.
If the allies vanquish Germany it
will be a victory of financial and econ
omic resource* over superior military
preparedness and efficiency.
Do we want to encourage the Ger
man type of armed state, or should we
prefer to lend our support to a sys
tem which will lessen as far as pos
sible the burdens of prospective war in
time of peace?
•fudging by our own present state ol
disorganization and lack of prepara
tion, we should not he the first to cur
tail the benefits we enjoy because ol
our isolation and our high financial
credit based upon our great national
resources.
4. What can Germany do?
here are certain treaty stipulations
which have a direct hearing upon the
question of American shipments ol
arms and ammunition to Germany. It
is not, however, my Intention to dls
i uss these provisions, because a con
sideration of the general principles
will cover the whole matter.
TTnder certain restrictions, interna
tional law allows any belligerent, and
therefore Germany, to interrupt the
traffic of neutrals transporting arms
and ammunition to her adversaries;
the regulation which marks off the
rights of neutrals to trade and belli
gerents to protect themselves against
a traffic so dangerous to the success of
their operations is one of the most
delicate in International law.
What is required is a practical com
promise which shall offer a workable
system for neutrals and belligerents
alike. The regime must he such that
in the long run It will not he so bur
densome to the neutral that he will
prefer war, por so dangerous to the
belligerent that he will prefer to have
the peutral as nn epemv rather than
observe in respect to him the regula
tions of neutrality concretely stated.
Germany may seize, sink or destroy
all- vessels belonging to the allies or
their eltlzens. All contraband on hoard
will share their fate.
Germany may seize, sink or destroy
any vessels specially chartered by her
enemies to carry arms and ammuni
tion.
Germany may seize, sink or destroy
a neutral vessel transporting as part
of her cargo arms and ammunition
when the contraband belongs to the
owner of the vessel (this Is the Anglo
\merlcan rule) or when the contra
band amounts to a certain proportion,
me-half or more of the total eargo
(Ihis Is the continental rule as adopt
ed hv the London declaration.)
.When the proportion of the contra
band cargo nr the conditions of owner
ship of the neutral vessel do not permit
of the latter’s condemnation or de
struction, Germany may seize the con
traband, and should it for any reason
he impossible or inexpedient to take
the vessel into port, the arms and am
munition may be destroyed before the
vessel is allowed to proceed on her
way.
In case a neutral or belligerent mer
chantman resists visit and search, or
offers any other resistance, such as
sailing under belligerent convoy, she
may lie sunk without hesitation or de
lay.
A public vessel engaged In the
transport of arms or troops may like
wise be sunk without warning.
A vessel specially chartered for this
work, even though neutral, must ex
pect to he treated in the same way,
otherwise the danger could he avoided
by employing our vessels, chartered
from neutrals, to transport troops and
arms.
The rights of neutrals and the rights
of humanity arc a farce indeed unless
they stand on an equality at least with
belligerent emergencies. It is for the
belligerent to adopt his method of war
fare so as to harmonize with the main
tenance of the recognized rights of
neutrals and humanity. Neutrals anil
humanity in general are not required
to modify accepted principles in ordei
to meet the temporary or incidental
needs of anyone nation. The present
war is extraordinary not only because
of its vast area but because one of the
belligerents- Germany, is almost en
tirely surrounded by her enemies.
Taking advantage of this situation
and their control of the sea, the allies
have had resource to various measures
designed to out Germany off from hot
supply of food and any other articles
the lack of which might weaken her
power of prolonging the struggle.
The measures adopted have resulted
in the holding up of American cargoes
in violation of the rights of this coun
try as clearly recognized by interna
tional law; not the least serious grounc
of grievance is the inevitable delay ol
the prize court procedure which
whether intentional or unavoidable
have worked the ruin of vast and per
fectly legal American trade with neu
tral countries and through the inter
mediary of neutral countries with Ger
many.
England and her allies answer oui
protest with excuses and plead tha
I | extraordinary measures arB necessary
|i against an adversary that has violated
the best recognized principles of inter
national law by her invasion of Bel
gium and by her methods of conduct
ing the war.
It is for this government to weigh
these considerations; otherwise It
would he hard to explain why we have
been so slow to take what action we
might to secure from the allies one
respect for our neutral rights.
In conclusion, then, we see that the
Government of the United tSates has
not violated any rights of Germany in
permitting the shipment of arms and
ammunition to her enemies.
Many of our citizens regret that1
American shells should shriek above
the Germann trenches and And their
bullets in German bodies, but we have
no right, we have no Interest, even
when looked at broadly, to stop the
traffic.
Whatever grounds of complaint the
German government may believe they
have against us, they certainly can
not advert to the action of our gov
ernment In allowing our citizens as
individuals to continue their private
traffic in arms and ammunition with
i either or both of the belligerents as
I they may find convenient and profit
j able.
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