The "lusitania" Case; Was Bryan's Resignation Justified?

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This is not new law. The right of self-preservation can never operate as an infraction of -international law. The law of self- 21 preservation is self-enacting. It is not made by legislation nor by judges, nor is it a law merely of custom or secured by con- vention — it is the law that is inherent in nature. It may, of course, be violated by ignorance, accident or design ; when violated by design it is known as suicide ; and no nation can be held by any rule of law or convention to be obliged t
...o commit suicide.
Let me illustrate what is meant by relative rights. Thus, a wagon has a right of way in a street, but is not allowed to block the tracks of a street car. Each has its right, but one is superior. The lesser right must yield.
In applying this principle with respect to the rights of an American citizen on the high seas, wc must allow that the right of self-preservation of a belligerent nation is superior to the right of a neutral individual to travel upon the high seas, because the right of self-preservation is not at all involved in the case of the individual ; in other words, he does not have to travel on a guilty ship while a nation at war is bound to preserve its existence.


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