ilure of the
Armed-Ship Bill. Certainly he remained in doubt as to his next course.
He had told Congress that he believed he had the power to arm merchant
ships without its authority, but did not care to act on general
implication. Now he was faced with the duty of ascertaining definitely
where his freedom of action lay, since Congress had impeded, instead
of facilitating, his conduct of the crisis with Germany. An old act,
passed in 1819, governing piracy at sea, had been unearthed, and at
first sight its terms were read as preventing the President from
arming merchant ships. The law advisers of the Government, Secretary
Lansing and Attorney General Gregory, examined this act and decided
that it was obsolete. They were of opinion that it did not apply to
the existing situation. The statute forbade American merchantmen from
defending themselves against the commissioned vessels of a nation with
which the United States was at "amity"; but they could resist by force
any attacks made on them by any other armed vessels. In short, it
legalized resistance to pirates. The word "amity" pre-supposed
friendly diplomatic relations as well as a normal condition of
traffic and commerce on the high seas in its application to the armed
vessels of other nations. The provision forbidding conflict with them
by American traders was intended primarily to prevent private citizens
from embarrassing the Government's foreign relations. Now it was held
that Germany's denial to Americans of the rights of the high seas was
inconsistent with true amity, and caused her war vessels to lose, so
far as the United States was concerned, their right to immunity from
attack, both under international law and under this municipal act,
which was viewed as superseded and void in its application to German
war craft.

This decision disposed of an obstacle which had placed the President
in a dilemma. It was true he could go to Congress again; but immediate
action was imperative. Armed neutrality, under the President's powers
as commander in chief of the army and navy, was thereupon determined.
Every merchant ship which so desired would be provided with guns and
naval gunners to operate them. Foreign governments were notified of
this action in an executive memorandum which read:

"In view of the announcement of the Imperial German Government on
January 81, 1917, that all ships, those of neutrals included, met
within certain zones of the high seas, would be sunk