The German press, like the senators whom it eulogized, was mistaken in supposing that the President had been thwarted by the failure 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their right to immunity from attack, both under international law and under this municipal act, which was viewed as superseded and void in its application to German war craft.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 without any precaution taken for the safety of the persons on board, and without the exercise of visit and search, the Government of the United States has determined to place upon all American merchant vessels sailing through the barred areas an armed guard for the protection of the vessels and the lives of the persons on board."