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Summarized, the State Department's ruling laid down: (1) That the status of an armed merchantman must in each case be determined before it could be regarded as a warship--a neutral government, on entry of the ship into port, presuming that the armament was aggressive unless the belligerent proved otherwise. (2) The belligerents on the high seas must assume that the armed ship carried armament only for protection, and, unless resistance or an attempt to escape was immediately made, the merchantman could not be attacked without receiving due warning. (3) That Americans and all others who took passage on armed ships intermittently engaged in commerce raiding could not expect to be immune, for such vessels acquired a "hostile taint." This was Germany's contention; but the United States refused to agree to the German idea that, because a few British vessels might be guilty of wrongful use of armament, all British ships must consequently be regarded as warships. (4) The right of "self-protection" could be exercised by an armed merchantman; and this was different from cruising the high seas for the special purpose of attacking hostile ships. (5) If belligerent vessels were under orders to attack submarines in all circumstances they lost their status as "peaceful merchantmen." Germany claimed England had so ordered. England denied the charge. Evidence in each case must reconcile the difference of opinion. The Administration's position in the submarine issue with Germany, now that Congress had upheld the President, seemed to be that Germany's decree condemning armed merchantmen curtailed the liberty of Americans to travel on the high seas. The status quo had not been affected. Germany, in the _Arabic_ case, had undertaken that merchant vessels would not be torpedoed without first being warned, and that pledge the United States looked to her to respect, whether the vessels were armed for defense or not. What, then, would now happen, with Germany's latest decree sent ringing round the world with resounding bombast, by way of telling neutral noncombatants, including Americans, to stay at home, as though cataclysmic destruction awaited all vessels which dared to show a gun at the stern? The United States waited. Nothing, so far as the German armed-merchantmen decree was concerned, did happen. There was no appreciable increase in the number of vessels sunk by Teutonic submarines, and armed merchantmen did not especially
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