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THE Great Debate in Congress

THE Submarine and the Merchantman

Compiled from 3Cf)e CongresJsfional JSletorb by




An Introduction to the Great Debate

a book for those who would

is tion through the weary stretches of the

THIS enjoy the emotion of amazement.

Amazement was the sensation
unaccustomed and unattractive columns
of the Congressional Record.
which broke upon the consciousness of the Not to speak of so small a matter as
compiler of these pages, himself a veteran accuracy, not to suggest approximation to
newspaper man and none too credulous of a truthful reflection of the details, it is
newspaper reports. Amazement will be the fact that the big, outstanding, primary
the unescapable portion of all who peruse facts of the great war debate have not
these speeches. been given to the American people in the
Seldom has there been witnessed a suc- ordinary channels of news intelligence.
cession of scenes of more striking human The newspaper press of the United States
interest or greater historic import than in this case entirely failed to fulfill what
were those that marked the great debate is commonly regarded as its function.
which began on February 17th in the Indeed, the impression given by such of
United States House of Representatives the despatches from Washington as got
and continued there and in the Senate into print in the newspapers can only be
until the close of the Senate session March described as false in the extreme.
8, 1916. For instance, the impression has gone
Provoked by the introduction of resolu- out from Washington that the Senate and
tions designed to warn Americans not to the House voted down the proposal to
travel on armed belligerent merchantmen, warn Americans oflf of armed belligerent
and by an intimation from the President ships. This impression is quite false..
that he regarded the resolutions as an in- Again, the impression has gone out that
vasion of the prerogatives of the Execu- Congress washed its hands of foreign af-
tive branch of the Government, the dis- fairs and delivered their settlement over
cussion widened until it had embraced the into the absolute hands of the Chief Exec-
whole range of subjects connected with utive. This is equally false. The impres-
the attitude of Americans towards the sion has gone out that President Wilson
war. asked a vote of confidence, and received it.
No truthful account of this great debate The degree of confidence that can be de-
has reached the public. Nothing like an duced from the respective several votes
adequate narrative of the proceedings in of the Senate and the House is slight, and
Congress has come into print. Nothing any confidence at all that can be detected
remotely resembling a faithful report of in the recorded remarks of Senators and
the views and declarations of their Con- attenuated.
Congressmen is extremely
gressional representatives has been made The frequent reversals of opinion which
available to the American people — ex- seem to have marked the diplomacy of Mr.
cept such as they may gather by explora- Wilson were universally regretted; his

personal attitude toward the belligerents practical effects of the votes taken upon
was criticized; his theory of absolute them isrevealed on every page of the
Presidential control of the nation's for- debate. The careers of the several reso-
eign affairs was attacked in weighty- lutions in and out of committee, and the
speeches by leading Senators both of his votes taken with regard to them never, —
own party and of the opposition; and, be it noted, upon the merits of either of
while the utmost goodwill was expressed —
them indicate nothing whatever.
towards Mr. Wilson personally by all But what does
par- clearly emerge above all
ticipants in the debate, it was made abun- the confusion is the overwhelming pre-
dantly manifest that Congress was of no ponderance of sentiment among both
mind to be led blindly by any mortal man Senators and Representatives in approval
into the gulf of armed conflict. of the particular proposition that Ameri-
cans should be warned not to take passage
This important debate extended to more upon armed belligerent ships, and of the
than four hundred and fifty thousand general principle that the Government of
words. It would be beyond the disposition the United States must not yield to the
or even the ability of most readers to pe- prevailing mania, must not jeopardize the
ruse a full report. The present volume is advantages of its position as the world's
the result of a conscientious reading and chief neutral Power, must not be cajoled
rereading of the entire proceedings of nor bribed nor taunted nor frightened into
Congress since the introduction of thei,^ war, upon any pretext, on any ground
^^,Gore resolution and the McLemore most clearly unescapable, ab-
reso-t^ short of the
v^lution, and of a faithful attempt to make "^solute and final.
a just and fair record of the sentiments It was again and again asserted, even
of Senators and Representatives as set by those who voted in favor of tabling the
down in the Congressional Record.
respective resolutions of warning, that
Every member of either House who par- had been possible to put them to a direct

ticipated in the debate is represented, and, vote, they would have been overwhelm-
in each case, a conscientious effort is made ingly passed. These assertions were not
to retain the full strength of his argument, in a single case denied. The prevailing
on whichever side it happened to be. In- argument in favor of tabling the resolu-
evitably it occurred that in a debate so tions was the general desire not to em-
long drawn out, many points were repeat- barrass the nation's Chief Executive in
edly thrashed out and the same documents the presence of any foreign power. Not-
were cited over and over again. There withstanding the repeated and puzzling
was, also inevitably, much tilting for par- changes in position by Mr. Wilson, and
liamentary positions and opportunity. All notwithstanding furthermore the general
of this has been stricken out, except in so disapproval of his final attitude on the
far as the record of adventitious circum- armed merchantman question, it was
stances imparts valuable life and color to generally agreed that it would be un-
the scenes on Capitol Hill during one of fortunate to humiliate him. On the parti
the most sparkling, as well as one of the of Democrats, this feeling was especially |

most momentous, debates which the walls strong; it would not promote the party's
of the nation's Areopagus have resounded. chances of success in the approaching
election publicly to repudiate the leader-
The utter and complete confusion which ship of the Democratic President.
surrounded the parliamentary status of The communication sent on January
the resolutions throughout their stormy i8th by the Department of State to the
life, and the total chaos of opinion with re- Entente Allies v\ias cited a score of times,
gard alike to the parliamentary and to the especial stress being laid upon the state-
ment in the last paragraph that "my gov- this narrative of the proceedings in Con-
ernment is impressed with the reasonable- gress subsequent to February i8th that
ness of the argument that merchant ves- the sentiment of the accredited represen-
sels carrying armament of any sort should tatives of the people of the United States
be held to be an auxiliary cruiser." The was overwhelmingly in favor of a warn-
instructions issued by the Department of ing to Americans to refrain from taking
State, October 4, 191 5, notifying appli- passage on armed belligerent vessels.
cants for passports that naturalized Amer- Moreover, it will be evident that, while
ican citizens should refrain from visiting the two Houses of Congress were ex-
their native country and countries at war tremely reluctant to go on record in any
therewith; and declining to issue pass- vote which might be interpreted as an ex-
ports to persons desiring to visit bellige- pression of a lack of confidence in the
rent countries for recreation or sight-see- President, there was no hesitation in the
ing,was also repeatedly quoted. assertion by individual members that
The most serious and plausible argu- the course of the Administration was not
ments in defence of the arming of mer- in accord with the general desire and de-
chantmen was that delivered by Senator sign of the American people to refrain
V»«^ Sutherland on March 7th and that sub- from participation in the European strug-
».<i2-mitted by Senator Thomas on March loth. gle unless upon the most substantial
Both of these are fully reported in this grounds.
book. That this conclusion is correct may be
One of the most remarkable and im- deduced from a glance at the appended
portant incidents of the discussion was list. It is a catalogue of the views of the
the argument delivered in the Senate by Senators and Representatives who ex-
Mr. LaFollette on March loth respecting pressed themselves on the floors of their
the importance of precisely delineating respective Chambers. It will be noted
the scope of the President's power to de- that eight Senators were against the pro-
clare war. posal to warn our citizens to keep off of
Beneath the whole debate, of course, armed belligerent vessels, while sixteen
lay the large question whether Congress declared themselves as being in favor of
has any authority in the determination of such a warning, with three non-committal.
our foreign relations, short of a declara- It will be observed that, while nine Rep-
tion of war. Senator Vardaman was an- resentatives in Congress expressed their
other than whom none was more eloquent approbation of the idea, sixty Represen-
in the long list of those, in both Chambers, tatives approved the suggestion. A
who denied the right of the Executive of Congressmen who spoke gave no clue
alone to commit the country to action to their opinion on the merits of the ques-
likely to lead to war. tion.
Perhaps no better historical sketches of
the whole aflFair can be found than was But the significance of the great de-
/-^ contained in the speech of Mr. Kearns in bate went far beyond this. It reached to
the House March i6th and in the (ex- the proportions of an admonition, the

^ tension of the) speech of Mr. Smith of
Minnesota in the House as of March 7th,
most serious ever addressed by an Ameri-
can Congress to an American President,
These speeches should be read by those that he must restrain his pri vate
who desire to be informed of the inner his- dices to conform with the geileraT senti^
tory of the whole curious episode. ment of his fellow-countrymen. It se-
cured from that President's reputed
It will be abundantly evident to
any spokesmen a pledge that before breaking
who will take the trouble to glance over off diplomatic relations with any Govern-
ment, he would submit to Congress all the were born and with whose literature and
facts in the case. It became a mandate to political history alone he is familiar. But
the President to take no step toward it is apparently the belief of the repre-

plunging the country into war except with sentatives of the American people in Con-
the consent of the chosen representatives gress that it is one thing to have a private
of the people. animosity and quite another thing to at-
It is of course perfectly understood by tempt to commit the nation to a bloody
everybody in Washington that Mr. Wil- conflict in support of it. It is impossible
son's sympathies are with the British, and to imagine language calculated more de-
that his hatred of Germany and of Ger- cisively than was that employed by a
mans is unrestrained. There can be no majority of the participants in the great
objection to his entertaining a sentimen- debate, to rebuke the very evident desire
tal attachment to the land where his of Mr. Wilson to involve the United
mother and all four of his grandparents States in war in behalf of England.

For the Principle of the Resolution.

PART I Vart t i>Cl
. 3 f\%t


In the Senate, Friday, February 25, igi6 Mr. STONE. I ask the Senator from Okla-
homa, in reference to his resolution, is his re-
GORE. Mr. President, I offer the quest that it be referred to the Committee on
MR. concurrent resolution which I send to
the desk, and ask that it be read and go
Foreign Relations?
Mr. GORE. No; my request was that the
over one day under the rule. resolution go over for the day under the rule.
The VICE PRESIDENT. The concurrent Mr. STONE. The Senator's request is that
resolution will be read. the resolution lie on the table?
The concurrent resolution (S. Con. Res. 14) Mr. GORE. Yes, sir. I wanted the resolu-
was read, as follows. tion to take the regular course, under the rule
Whereas a number of leading powers of the world that all resolutions other than joint resolutions
are now engaged in a war of unexampled propor- go over for one day. My purpose is to come
tions; and
within that rule under the regular order.
Whereas the United States is happily at peace with
allof the belligerent nations; and Mr. STONE. Let the resolution lie on the
Whereas it is equally the desire and the interest of table then.
the American people to remain at peace with all
Mr. JONES. I submit a Senate resolution,
nations; and
Whereas the President has recently afforded fresh which I ask may be read and lie on the table.
and signal proofs of the superiority of diplomacy The VICE PRESIDENT. The resolution
to butchery as a method of settling international submitted by the Senator from Washington
disputes; and will be read.
Whereas the right of American citizens to travel
on unarmed belligerent vessels has recently re- The resolution (S. Res. 108) was read, as
ceived renewed guaranties of respect and inviola- follows :

bility; and
Whereas the right of American citizens to travel on Whereas this is a
government of the people, by the
armed belligerent vessels rather than upon un- people, the people, and not of any individ-
armed vessels is essential neither to their life, ual, by any individual, or for any individual; and
liberty, or safety, nor to the independence, dig-
Whereas it is contrary to the fundamental princi-
nity, or security of the United States: and ples of our government that the people should be
Whereas Congress alone has been vested with the involved in war through the decision or by act of
power to declare war, which involves the obliga- any one man; and
tions to prevent war by all proper means con- Whereas the Constitution of the United States of
sistent with the honor and vital interest of the America expressly provides that "The Congress
Nation: Now,therefore, be it shall have power to declare war, to raise and
Resolved by the Senate (the House of Represen- port armies, and to provide and maintain a navy";
tatives concurring), That it is the sense of the Con- and
gress, vested as it is with the sole power to declare Whereas declaring war should not be
the act of
war, that all persons owing allegiance to the United merely the and confirmation by Con-
States should, in behalf of their own gress of the judgment and decision of a single
safety and the
vital interest of the United
States, forbear to exer- man but should be the sober judgment and ma-
cise the right to travel as ture decision of the people through their repre-
passengers upon any armed
vessel of any belligerent power, whether such ves- sentatives in Congress upon the causes and justi-
sel be armed for offensive or defensive fication for such declaration; and
and it is the further sense of the Congress that no Whereas an assault upon the national honor would
passport shoiUd be issued or renewed by the Secre- be a justification for a declaration of war; and
tary of State or by anyone acting under him to be Whereas no one man is the sole custodian of the
used by any person owing allegiance to the United Nation's honor; and
States for purpose of travel upon
any such armed Whereas the issue of war is too momentous and
vessel of a belligerent power. fraught with too grave consequences to the peo-
The VICE PRESIDENT. Under the rule,
ple to be decided by any one man; and
the resolution goes over one Whereas the people of this country are not seeking
day. war and do not desire to be led into it, but, if in-

volved, would be united as one man in support sels are in all essential respects the equivalent
of the Government; and
of auxiliary or converted cruisers, and that
Whereas by the arbitrary act or demand of its Chief
Executive the people may be placed in a situation they should be treated as war vessels. That
from which they can not withdraw without hu- Government has announced their policy to be
miliation and be involved in war for causes the that after the 1st day of the present month
justice of which they have not been permitted to armed enemy vessels of all kinds would be re-
pass upon: Therefore be it
Resolved, That it is the sense of the Senate of garded as warships and be subject to the rules
the United States of America that any issue claimed of maritime warfare applicable to such ships.
to affect the national honor should be referred for On the other hand, Great Britain contends that
its decision to the Congress of the United States,
she has a right under international law to arm
and no ultimatum should be sent to any belligerent
merchant ships for defensive purposes, and
power and no severance of diplomatic relations be
brought about by Executive action until after the that merchant vessels so armed are entitled to
advice and consent of Congress. the same immunities in every respect apper-
Mr. STONE. Mr. President, I ask that the taining to unarmed merchantmen, and this
whereases and the resolution may lie on the without regard to the kind of passengers aboard
table. or the nature of the cargoes carried. Great
The VICE PRESIDENT. That was the re- Britain has announced this to be her policy.
quest of the Senator from Washington, That is the issue between these two Govern-
Mr. STONE. I beg pardon. ments on that question.
The VICE PRESIDENT. The resolution
Now, where and how does the Government
will lie on the table and be printed. United States come into this contro-
of the
* * *
versy? I answer in this way: That if both
Mr. KERN. I move that the Senate take a
Germany and Great Britain shall persist in the
recess* until o'clock to-morrow.
course they have respectively announced,
The motion was agreed to and (at 5 o'clock
neither yielding to the other, nor yet yielding
and 55 minutes p. m., Friday, February 25, to the importunities o'f any neutral Govern-
1916) the Senate took a recess until to-mor- ment, including our own, and if Germany
row, Saturday, February 26, 1916, at 12 o'clock should attack without warning an armed mer-
meridian. chantman of her enemy and some American
citizen or citizens should be injured, the ques-
tion would present itself as to what our atti-
In the Senate, Thursday, March 2, igi6 tude and course should be in the circumstances.
(Legislaiive Day of Friday, February 25, J 9 16) IF NO AMERICAN SHOULD BE
Mr. STONE.f Mr. President, I take the floor
on the pending bill, but not to discuss it. I AND THEREFORE IF NONE SUF-
interrupt the progress of the unfinished busi-
ness to make a brief statement, and then to
make a suggestion with respect to what is A CUDGEL IN THAT QUARREL, UN-
known as the Gore resolution and other reso- LESS, INDEED, WE SHOULD PRO-
lutions of like nature. CEED UPON SOME ALTRUISTIC THE-
I desire to state the international situation, ORY OF AN OBLIGATION TO HUMAN-
as I understand it, respecting the immediate ITY IN GENERAL.
questions before us. A
sharp issue has been To my mind, in this exigency, it is of the
joined between Germany and Great Britain highest importance that Senators, Representa-
as to the status of armed merchant vessels. tives, and the
— —
President all alike should
Germany contends that armed belligerent ves- speak to each other and to the country with
the utmost candor and frankness, free from dis-
*Let it be noted that on February 2Sth, the Senate
did not adjourn, but took a recess. This was done ingenuousness. We should wear our hearts,
in deference to an intimation from the White House so to speak, upon our sleeves, not for daws to
that the President was anxious that Senator Gore's
peck at, but that we may know exactly how
resolution should not be called up, as, under the
rules of the Senate, it could be called up, on the fol-
men in positions of responsibility feel and think.
lowing day. The motion to take a recess (and not
As I understand it, the President's attitude is
to adjourn) was made by Senator Kern, the Demo- this: That he has concluded to support the
cratic floor leader. The Senate continued to recess contention that belligerent merchant ships
from day to day during the entire week following, have a right under international law to bear
doing business under date of "the legislative day of
Friday, February 2Sth," until the close of the ses-
arms for defensive purposes. What he may re-
sion on Thursday, March 2nd. gard as a defensive armament I do not know;
in fact I doubt that any man would venture
Mr. Stone is Chairman of the Senate Committee
on Foreign Relations. authoritatively to define that kind of arma-

ment. Furthermore, if a German war vessel and regrettable. As you well know, Sena-
it is

should, without warning, fire upon and sink an tors, I have diligently sought to prevent the
armed merchantman of the enemy, he would introduction of any resolutions on this subject
hold the attack to be a lawless act, and if and to allay any agitation with regard to it;
American citizens should suffer therefrom he but the efforts I have made with others in this
would hold the German Government to the behalf have been only partially successful.
strictest account. If, notwithstanding, the Now, we are informed by the President that he
German Government should persist in their is solicitous that these resolutions should be

policy he would sever diplomatic relations and disposed of in both Houses, and that the atti-
submit the matter to Congress, which under tude of Congress should be more clearly de-
the Constitution is the war-making power. fined. I am in full sympathy with him as to

I must here state with equal frankness my that, and I will cooperate to bring that matter
own to a head. The difficulty is in arranging a plan
position, as I have stated it to the Presi-
dent. In this emergency there should be noth- that would be effective and of value. I am more
than willing to contribute anything within my
ing of evasion or finesse, much less of partisan-
ship. Distressing as it is to me to be obliged power in arranging a plan of action with the
to disagree with the President, as well as with sincere purpose of bringing the executive and
legislative departments into accord. It may
many of my colleagues, my opinions have been
matured after great deliberation and my sense be, and I profoundly hope it is so, that the Pres-
of duty is imperative. I can not but believe ident, having behind him the support of Con-
that a belligerent merchant ship, heavily gress, may even yet be able to bring Great Brit-

armed no matter whether it be called defen- ain and Germany to some agreement with this

sive or offensive armament engaged in trans- Government which would relieve the present
porting contraband war material to the army acute situation. I am now puzzling my brain to
or navy of her sovereign, is in all essential re- frame a resolution as a supplement for all
spects the equivalent of a duly commissioned other pending resolutions on the subject; and
war vessel. To say the least, I think there can as I get it into the best form of which I am
be no manner of doubt that the law now cover- capable, I desire to discuss the resolution with
ing that question is involved in doubt and may Senators on both sides, with the chairman of
well be considered as debatable. I shall not the House Committee on Foreign Affairs, and
discuss that question at this time I am merely ; also, if need be, with others. I desire to bring

stating my position, and what I know to be the the Congress with practical unanimity to the
position of numerous others. I shall feel support of the President in the conduct of the
obliged as a duty to myself, my constituency, diplomatic questions involved. Of course, time
and the country to discuss this question at is now of the essence of things, and prompt
length in the immediate future with a view to action is desirable. My suggestion is this:
elaborating the reasons upon which my con- That the Senate shall strive with the utmost
victions are predicated.
diligence to dispose of the unfinished business
The President is firmly opposed to the idea to-day but whether it succeeds in disposing of

embodied in the Gore resolution. He is not that business or not, I shall at the close of to-
only opposed to Congress passing a law relat- day's business ask the Senate to adjourn until
ing to this subject, but he is opposed to any some early hour to-morrow morning, at which
form of official warning to American citizens time the Gore resolution shall be laid before
to keep off so-called armed merchantmen.
the Senate.
If I could have my way, which I know I can
not, I would take some definite step a step — Mr. President, although it is my earnest de-
as far as the Constitution would permit to — sire to cooperate with Senators who coincide
save this country from becoming embroiled with the President's attitude concerning this
in this European war through the recklessness whole subject, yet, because of the fact I am not
of foolhardy men. in accord with the President on the main is-

Mr. President, sues it would be entirely agreeable to me if any

I think this is a fair state-
ment of the situation as it is
of the Senators indicated should take another
course if they so desire. If the Senate agrees
The President has written Representative
to the suggestion I have made, I will proceed
Pou, and he has stated to me and to others, that
in effort to discover a plan to which we may
the pendency of these resoutions in Congress
have been and still are a source of embarrass- allagree but if another course should be taken,

ment to him in
I can only abide the result. That is all I have
conducting diplomatic negoti-
ations with the belligerent powers involved re- to say at this time.

specting this subject. I am sure that is so. Mr. LODGE. Mr. 'President, I have lis-

tened, as I am sure every other Senator has zens to desist from the exercise of an un-
listened,with profound interest to what has doubted right. I do not believe that any reso-
been said by the Senator from Missouri, and I lution can be drawn that will evade or by gen-
am certain that we all appreciate the gravity eralities get rid of the issue which has been
of the situation to which he has called the at- raised. No matter how it has been raised, it has
tention of the Senate. I agree entirely with been raised on the precise point embodied in
him, Mr. Prsident, that this is not a party ques- the Gore resolution in the Senate and in similar
tion. I agree also with him that our first duty resolutions in the House, and if the President
under existing conditions is to dispose of the wishes a vote on that precise resolution and on
precise question that has been raised by the the precise point raised by the resolutions I
resolution to which he has referred. I think think he ought to have that vote from Con-
it is more important than any unfinished busi- gress.
ness. His position, as I understand it, is that he
One mistake, I think, the Senator has made, is interfered with and hampered and crippled
When he says that this question is confined to in his negotiations with foreign powers by the
an issue between Great Britain and Germany, supposed attitude of Congress on this precise
I wish to say that every Italian ship that question, which is used against him in the ne-
comes into our port of New York is armed; gotiations which he is carrying on by the pow-
every French merchantman is carrying a de- er with which he is negotiating. I think, under
fensive armament, if I am correctly informed. those circumstances, he has a right to know,
Mr. STONE. Mr. President, I hope the the question having been raised, what the atti-
Senator will permit me to interrupt him. I did tude of Congress is on that question of warn-
say exactly what he has stated, but I was not ing American citizens from the exercise of
unconscious, of course, that other powers are what have hitherto always been considered un-
involved. I said what I did, however, on the doubted neutral rights. I do not think that it
theory that the diplomatic situation was being can be disposed of in any general terms, by any
mainly conducted between the two powers I vote of general confidence, or any general reso-
named and thisGovernment. lutions stating the limitations between the Ex-
ecutive power in diplomatic negotiations and
Mr. LODGE. Mr. President, I think the po-
the legislative power. I think we must meet
sition of the allies who have command of the
the question as it is presented.
sea is the same on this question. I shall not
enter into the discussion of the question of
The last administration warned citizens of
the United States to leave Mexico. It was a
armed merchantmen; I discussed that at some
matter of deep regret to many of that adminis-
length a very short time ago, and I am entirely tration's supporters, and it was a subject of
clear in my own mind as to the law and usages
criticism by that administration's opponents.
of nations in regard to armed merchantmen,
That warning has been renewed as to citizens
that they can not be taken out of the class of
in Mexico but the criticism on the administra-

peaceful traders, except by demonstration that tion, the present administration, for the failure
they are commissioned vessels or that they to protect American lives in Mexico, despite
carry an armament at least greater than that the warning given by the administration, has
described in the circular of the Secretary of not ceased.
State at the opening of the war or that they are I myself have joined in that criticism, and it
used for offensive purposes. would be utterly impossible for me to criticize
If I understood the position of the President, this administration for failure to protect Amer-
as stated by the Senator from Missouri, on the ican lives in Mexico, despite the warning that
question of armed merchantmen and the right has been given, and then myself turn round and
of neutrals to travel and to ship their goods
proclaim to the world that an American who
on merchantmen armed within the limitations exercised an equal right, to which he is
generally imposed, with that position I am in equally entitled, on a belligerent merchantman
full accord. I think that neutrals have a
right, should not have the protection of his coun-
established for centuries, to ship their goods try. I speak only for myself, but I can not ap-
and take passage on belligerent merchantmen, ply two rules to a question like this.
whether armed or unarmed, if armed within the The attitude which the President took in his
limitations I have described. letter to the Senator from Missouri and the at-
The precise question, as I understand, pre- titude which the Senator from Missouri, no
sented by the President and also by the Sena- doubt with absolute authority and in carefully
tor from Missouri, is whether Congress favors chosen words, has described to-day on the
passing a resolution Warning American citi- question of the rights of neutrals on belligerent

merchantmen is the attitude I have always up- have prodded, and you have "dared," until the
held. But now, Mr. President, looking at this patience of a very patient man has been ex-
question as I do, I think the President, ham- hausted; and now he says: "Very well. You
pered, as he tells us he is in the letter to Repre- have furnished comfort to the foreign nego-
sentative Pou, the acting chairman of the tiators. You have made them think that the
House Committee on Rules, that the supposed American people were disunited and that they
attitude of Congress is interfering with his were not behind their Government. You have
negotiations, I think he has a right to ask for given them a contempt of their Government as
a vote on the precise proposition which is be- the opposite negotiator. You have weakened
fore Congress and to know whether he can go my hands, you have partially paralyzed me,
on with his negotiations with the Congress be- and now I want a 'show-down' and I hope that ;

hind him or whether the Congress takes the in the eyes of the American people it will be a
view of the belligerent power with which he is 'show-up' when you and I are through with it."
at this momentnegotiating. The Senator from Missouri [Mr. Stone] is
in one lone respect right. We want no evasion.
I sincerely hope that the Senate will not de-
lay in taking a vote on the precise and spe-
We want no indirection. You have nagged
cific question of whether we ought to warn our and nagged and you have prodded, until now
citizens from exercising a right that has not the President says, "All right." You have
been questioned in law or in the usages of na- dared him, thrown down your several gloves
tions for centuries past. or encouraged others to throw down theirs,
until now he says "I will pick
Mr. WILLIAMS. opinion that time
In my up the gauntlet.

come me I am tired. If the patriotism of Congress is

has for you and
concerning the propo-
behind me, let
sition which now faces us, and which has not
us find it out. If it is not, again
faced us because of any action of the Presi-
let us find it out. If I am to be
dent of the United States, but which he has hamstrung and hampered, just go further and
kill me as a negotiator and be done with it.
been compelled to confront by constant insin-
uations, constant nagging, constant quizzing,
If I am not the Executive of the United States
and constant expression here, of opinion in fav- Government and have not vested in me by the
or of the position assumed by negotiators of a Constitution the initiative, if I can bring noth-
foreign power as against our own. The time ing to even an initiative conclusion without
has come when for me, at any rate, the ques- you, then say so, and let me and let the people
tion states itself in this way: Shall I exclaim of America and of foreign nations know that I
"America first," or shall I sing "Deutschland am helpless. You have already done almost as
uber Alles"? .
rnuch harm as you can by passing your resolu-
To be an Anglomaniac is so contemptible
tions. The only light I see is to table them.
You have dared; I have submitted. I have
that it beyond expression. There is one
looked as if I were afraid. I have plead with
thing only that is more contemptible, and that
is to be an Anglophobiac. To be a Teutoma- you, please not to go on hampering me and my
niac is contemptible, despising our English Secretary of State with suggestions and argu-
ments derived from foreign courts and embas-
law, literature, civilization, and political liber-
sies. In spite of it all, you keep it up. There
ty; but there is something more contemptible
than even that, and that is to be a Teutopho-
must be an end of it, one way or the other."
biac. And so I might go through with all the Therefore, without evasion and without in-
races which have contributed to the American direction, so far as I am concerned as a Sena-
caldron. tor of the United States, I say: "Bring the mat-
Mr. President, the initiative, with regard to ter to an issue. Bring on your Gore resolu-
foreign relations, lies with the Executive. Con- tion and bring on your other resolutions, and
gress ought not to attempt to assume the ini- let a motion be made to table them, and see
tiative but from various quarters the assump-
whether or not Senators are going to assume
tion or the attempt has been made, and day the responsibility before the American people
after day, through one innuendo or another, of standing against the President upon a propo-
through one resolution or another, the Chief sition where he stands upon a principle of in-
Magistrate of the United States has been prod- ternational law 500 years old."
ded and nagged and dared aye, dared
— to do — Mr.GORE. Mr. President, I desire to say
what? To
surrender the initiative which the
Constitution places with him and to let Con-
that -agree in great measure with what has
been said by the Senator from Mississippi and
gress take the initiative with regard to our
by the Senator from Massachusetts. I do not
foreign relations.
agree, however, that the attitude of a Senator
Well, some of you have nagged, and you touching the resolution referred to reflects his

sympathy between the European belliger-
as tion of individual rights when they become in-
ents. In my own judgment,
any American citi- compatible with the paramount interests ol
zen who places the interest of Germany above organized society.
that of America is a traitor to his country. I Mr. President, I think it true, perhaps, that
think there are traitors of this type in the Uni-
any one of the 100,000,000 American citizens has
ted States. Any American citizen who places a right to travel on an armed merchant ship. He
the interest of the allies above the interest of has a right to run the risk of losing his own life
America is a traitor to the United States. and engulfing this Republic in a sea of carnage
Traitors of this type are not unknown in the and of blood. I think any wayfarer, any mad-
United States. These two types of traitors are
cap American citizen, may boast that as an in-

equally offensive; they are equally disloyal; alienable, or rather I should say as an ancieni
they are equally reprehensible. right, vouchsafed to him by international law.
I have little doubt that the American own- I believe that the 100,000,000 American citizens
ers of ships flying the flags of the allies would have a right to be protected against such reck-
like to see the United States police their ves- lessness; that they have a right to be pro-
sels across the high seas and protect them tected against the danger, against the possi-
against assault from any belligerent power. I bility ofany one of the 100,000,000 citizens ex-
have little doubt that the purchasers and the ercising the right and the power to plunge this
owners of the $500,000,000 worth of bonds re- Republic into the European carnival of
cently issued by the allies would rejoice to see slaughter. Of course, the right of 100,000,0(X>
the United States underwrite their investment to be protected against becoming involved in
and guarantee the sovereignty and the ulti- this butchery is not to be weighed in the bal-
mate success of their debtors. I have no more ance with the sacred, the inherited right of
sympathy with them than I have with the a single irresponsible adventurer to imperil his
hyphenated American who in the interests of own life, to throw away his own life, and to
Germany is disloyal to this country, whether cause the sacrifice of millions of his fellow citi-
it be his native or his adopted land. zens together with millions of their treasure.
Mr. President, whenever the honor, whenever I do not weigh money in the balance with
the vital interests of this Republic are involved, sacred and essential rights. My only conten-
whenever the essential rights of an American tion is that pending this struggle the right
citizen have been invaded or violated, every should be withdrawn that we should with-

American sword will leap from its scabbard. draw this sacred right in the interest of organ-
That sacred sentiment should not be trifled ized society, in the interest of the American
with. It should not be made a toy and a play- people that we ought to say, as the Senator

thing in the hands of any madcap American from Mississippi would probably say to his
citizen who may bedisposed to venture his life daughter, "Do not sail on an armed ship." 1
upon the armed ship of a belligerent power. doubt if the Senator from Massachusetts
I rather agree with the Senator from Massa- would consent that a child of his loins should
chusetts and the Senator from Mississippi that embark upon the armed vessel of a belligerent
in accordance with immemorial international power. And should not we, as the guardians
law neutral citizens have a right to travel on of this Republic and the guardians of its most
armed belligerent ships. I do not now draw sacred interest, say to those Americans who
into question the technical right, but I do assert are willing for love of pleasure or profit or ad-
that it is a right which is a survival of the age venture to take such a hazard, "Stay oflF these
of piracy, and ought to expire with the age that ships, forbear to exercise a right which may
gave it birth. be fraught with such terrific consequences"?
Mr. President, the right once existed under Mr. President, with me it is a fixed convic-
so-called international law or custom to mur- tion that American citizens ought not to travel
der prisoners of war. It was a right universally on these vessels and that they should be
exercised but the enlightened conscience of
warned not to exercise the right. Let me put
advancing civilization abrogated that brutal, a case. Suppose that 1,000 American citizens
that barbaric right. It was once a legal and a embark upon one of these armed vessels. It is
constitutional right in America to own human sunk to the bottom of the sea by a German
beings as slaves. The defenders of the system submarine. An investigation shows that it was
relied upon their sacred right under the Consti- armed for offensive purposes. Germany had
tution and laws of the Republic. It was such a a right to sink the ship at the sacrifice of a
right until canceled with blood. thousand American lives. Mr. President, what
Mr. President, the progress of civilization consolation to the dead or to their families
consists largely in the withdrawal or modifica- would it be that by chance they had embarked

upon a vessel armed for offensive rather than rent resolution instead of a joint resolution or
for defensive purposes? Would it not be in- a bill that would be a law?
finitely better for them, would it not be infi- Mr. GORE. There are two reasons. I had
nitely better for their surviving families, to previously introduced a bill covering these
have been warned not to take so desperate a points. The two reasons are the fact that
chance? this resolution would not be ipso facto re-
Mr. CLAPP. Mr. President. ferred to a committee of the Senate.
The VICE PRESIDENT. Does the Sena- Mr. NORRIS. Does the Senator believe—
tor from Oklahoma yield to the Senator from Mr. GORE. Let me state the other reason.
Minnesota? The other was that it is a simple expression of
Mr. GORE. I yield. the sense of Congress and does not require the
Mr. CLAPP. From some statement the presidential signature.
Senator has made and telegrams that I have
received — more
Mr. NORRIS. Of course I understood that
from the telegrams than from
the statement just now made, of course the— perhaps the President would veto a joint reso-
lution or a law on the subject.
impression prevails, certainly in some quart- Mr. GORE. Undoubtedly he would.
ers, that this resolution is an attempt to with-
draw the right of an American citizen to go Mr. NORRIS.^ But the passage of such a
on an armed ship. I do not understand that m^^asure through the Senate and the House
the resolution is an attempt by law to with- would at least have as much effect in the way
of warning as a concurrent resolution that does
draw that right.
Mr. GORE. Not at all. not go to the President at all.
Mr. CLAPP. But it is the expression of Mr. GORE. Of course, I may have ex-
ercised not the best judgment in deciding upon
Congress by the resolution that it is the sense
of Congress that it is better not to exercise a concurrent rather than a joint resolution.
that technical or abstract right. I was influenced in reaching that decision,
Mr. GORE. That is the point. however, by the considerations which I have
Mr. CLAPP. That is the understanding of just suggested.
the Senator from Oklahoma of the resolution?
Mr. NORRIS. would not want the Sena-

Mr. G,ORE. That is the express term of the

tor to think that in what I said I was criti-
cizing him. I agree with what the Senator
said. It seems to me if we take any action at
Mr. LODGE. Mr. President, if the Senator all it would be the part of wisdom to take, or
will allow me a moment.
I do not think there
attempt at least to take, action that would be
is any misapprehension about it. The resolu- effective and would make illegal the traveling
tion of the Senator from Oklahoma withdraws
on such ships from American ports that were
no right. It only says to Americans if they
thus armed.
exercise the right we will withdraw the pro-
Mr. GORE. I think that would be better,
Mr. GORE. That is doubtless implied. and I will state as I proceed an additional
Mr. CLAPP. There is such an apprehen-
sion, and the interruption has served the pur-
Mr. BORAH. Mr. President
The VICE PRESIDENT. Does the Sena-
pose of a disclaimer from both sides, because
tor from Oklahoma yield to the Senator from
the telegrams that I have received clearly indi-
cate that they believe it is an attempt to with-
draw the right. I am very thankful to the Mr. GORE. I yield.
Senator from Massachusetts for making it Mr. BORAH. I should like to submit a
plain from the high standpoint of his authority question to the Senator from Oklahoma, which
— I say it in all deference —
that the resolution I would be glad to have him discuss before he

does not seek to withdraw any legal right to takes his seat. It is this: Suppose we should
go on armed ships if a person wants to do so. pass the resolution of the Senator from Okla-
Mr. NORRIS. Mr. President homa just as it is drawn, and suppose the
The VICE PRESIDENT. Does other branch of Congress should also express
the Senator
its views in that respect, and that as time
from Oklahoma yield to the Senator from Ne- pro-
braska? ceeded some submarine should have destroyed
100 American lives, would the Senator from
Mr. GORE. I yield.
Oklahoma or those who take his view be
Mr. NORRIS. Right in connection with the willing to forego the right of the American
question asked by the Senator from Minneso- Government to demand reparation for the
ta. I should like to inquire of the Senator from loss of those people? Does this resolution in
Oklahoma why he has introduced a concur- its final results relieve us of the high

which the Government under to protect the
is war in warning citizens to keep off armed
citizen when he is
doing no more than avail- vessels than there is in the attitude of the De-
ing himself of a right which as a citizen he partment of State in saying that it will with-
has? Would the Government wholly aban- hold passports from those seeking to visit
don the citizen because, forsooth, he should belligerent countries for pleasure, recreation,
seek to travel on merchant ships? touring, or sightseeing?
Mr. GORE. My own judgment is that the Mr. GORE. Mr. President, if there be such
adoption of this resolution by Congress would a distinction, it is past my power of analysis
serve as an effectual warning to American citi- to detect have no doubt
it. I
zens not to embark on these armed vessels. Mr. OLIVER. Mr. President.
The second clause expresses it as the sense The VICE PRESIDENT. Does the Sena-
of Congress that passports should not be is- tor from Oklahoma yield to the Senator from
sued to American citizens designing to travel Pennsylvania ?
on armed belligerent ships. I feel confident, Mr. GORE. Yes but let me finish this sen-

since the issuance of passports is discretionary tence. I have no doubt the senior Senator
with the Secretary of State, that he would ob- from Mississippi, with his incomparable power
serve such an injunction on the part of Con- of analysis, and the Senator from Massachu-
gfress. I think, therefore, it would be entirely setts, with equal power, will be able to find a
effective to accomplish the result which I have substantial reason why passports should not
in view. I shall on the proper occasion make be issued to American citizens to travel in bel-
further answer to the suggestion of the Sena- ligerent countries where they could do so
tor touching a declaration of war. without peril to themselves or to their country
Mr. CLAPP. Mr. President, if the Senator which would not equally justify the withhold-
willpardon me there, I would suggest the dif- ing of passports from reckless adventurers
ficulty of finding a difference in spirit as to who might involve our Nation in war. I yield
the withholding of a passport under the Sena- to the Senator from Pennsylvania.
tor's resolution and the letter of the Depart- Mr. OLIVER. If the Senator will yield, is
ment of State of October 4, 1915, in which it is there not this marked difference between the
stated :
two cases? In the one case the order to which
The department does not deem it appropriate or the Senator from Minnesota referred is the act
advisable to issue passports to persons who con- of the Department of State acting within its
template visiting belligerent coimtriee merely for right and within the limits of its duty as im-
pleasure, recreation, touring, or sightseeing.
posed upon it by the Constitution. The other
If the right to go upon an armed vessel is is a proposed act or resolution of the Con-
a right, as it is, and no resolution here must gress of the United States going outside of its
contemplate the abridgment of that right, it purview and giving directions to the adminis-
is also the right of an American to go into a trative department as to what it shall do in
belligerent country if he desires. I should like the exercise of its duty.
to have some one point out in spirit and princi-
Mr. GORE. Why, Mr. President, if the
ple the difference between the two suggestions.
Secretary of State has been invested with the
Mr. GORE. There is absolutely no distinc- discretion to deny a sacred and fundamental
tion in principle, so far as I am able to dis-
right to an American citizen, he has been given
criminate between the two. The order of the an authority that no single official should be
State Department that it will not issue pass-
permitted to exercise.
ports to persons contemplating pleasure trips In the second place,if it is any usurpation
to belligerent countries is no less a sacrifice of
a sacred, fundamental, inalienable, and imme-
of power on the part of Congress, the war-
morial right of the American citizen than making power of this Republic, out of its so-
licitude for peace and for an honorable peace,
would be a simple warning that in the inter- to seek to avoid needless war, then this reso-
est of public peace he should not exercise the
lution is subject to the Senator's criticism.
right to travel on a belligerent ship. In spirit Mr. GALLINGER. Mr. President
and in purpose the two are identical. How
The VICE PRESIDENT. Does the Sena-
they can be discriminated in principle other tor from Oklahoma yield to the Senator from
Senators may answer; I am unable to divine. New Hampshire?
Mr. CLAPP. Will the Senator pardon an-
other inquiry?
Mr. GORE. I yield.
Mr. GORE. I will. Mr. GALLINGER.* Mr. President, can the
Is there any more reason for
Senator from Okahoma find any reason why
characterizing the Senator's resolution as sid- •Mr. Gallinger is Republican leader on the Senate
ing with one side or the other in the European floor. Mr. Gallinger was born a British subject.

the State Department can suspend this sacred Mr. GORE. I yield.
and time-honored principle of international law Mr. JAMES.In answer to the question of
any more than Congress can express an opin- the Senator, I will say that if the President of
ion that our citizens ought to be warned the United States had been permitted to handle
against going on belligerent vessels? Where this question —
a right that has always existed
does the Secretary of State find the authority since the foundation of the Government in the
to suspend international law? President of the United States in regard to
Mr. GORE. And what is his motive? I diplomatic questions —
without interference
can not answer the Senator's question. I must from Congress, without a back-fire having
refer that question been built here and without the impression
Mr. JAMES. Mr. President, I should like \nd belief having been created in Germany that
to ask the Senator from Oklahoma if he can he was not in fact speaking for the American
see any difference between a citizen who goes people, he might have been able to have got-
gallivanting around Europe sight-seeing and ten Germany to have agreed that the lives of
a citizen of the United States who has press- all neutrals —
men, women, and children, not
ing business that calls him to that continent, only those of America, but the neutrals of the
which, if he were not able to go, might mean

world might have been saved from death by
a sacrifice of all his holdings? Certainly the the attacks of submarines.
Senator from Oklahoma will not say to the Mr. GORE. I appreciate the availability of
Senate and to the country that he is unable to that subterfuge and I appreciate the implica-
make a distinction between business and pleas- tion which it carries. Mr. President, the worst
ure. In this case I can see that it makes a of all cowards is the one who lacks the courage
very wide and vital distinction. to do right. I shall discuss the point raised by
Mr. GORE. Mr. President, there is no dis- the Senator from Kentucky in a moment.
tinction in right. The State Department has My recollection is that the order of January
no right to inquire, if this be a sacred and in- 12, 1915, was an Executive order, the one to

alienable right, what the motive what the which the Senator from Minnesota (Mr.

object of the journey may be. That, sir, Clapp) has referred. As I recall, in our note
would be a power fit only for despotism. Rus- to Germany concerning the Lusitania, our
sia exercises the power to issue passports or test was founded upon the fact that it was an
not from one village to another. Shall the unarmed merchant ship. I have conceded to
Secretary of State of this great democracy un- the Senator from Massachusetts (Mr. Lodge)
dertake to analyze the hearts of men, and, if the proposition that possibly an American cit-
they go for pleasure, deny them an immemori- izen in such a case is exercising an interna-
al right, and if, they go for business, accord to tional right, notwithstanding the fact that thf»
them that inviolable right? Secretary of State in his note to the powers
But, Mr. President, what certificate can the on January 18 closed with this significant lan-
Senator from Kentucky furnish the Senate guage :

that all those who journey upon these armed

My Government is impressed with the reasonableness of ^a'-vv^'^^'
ships are bound upon imperious business that lment)of any sort, in view of the character of the submar- ?ii«*C?«.
will not wait, rather than gallivanting to Eu- ine warfare and the defensive weakness of undersea 'i*'nLc
craft, should be held to be an auxiliary cruiser and so in«.v*vi
rope as sight-seers? Are there no neutral ships treated by a neutral as well as by a belligerent Govern-
that ply the sea? Are there no American ves- l*n«'
ment and is seriously considering instructing its officials
sels which are immune from attack? I say, let

them wait for an American for a neutral — accordingly.
The Secretary of State admits that this
ship. sacred and immemorial right is a doubtful
But suppose the Senator's argument be true; right. Sweden now warns her nationals not to
suppose they are bound on the most imperious embark upon these belligerent armed ships
business, and that they embark, in the exer- without any compromise of her dignity and
cise of their sacred right, upon an armed ship with every prospect of continued independence
and come to their death and the Republic to and sovereignty.
war, does the Senator think that the right MR. PRESIDENT, I INTRODUCED
ought to be denied to them or that it would THIS RESOLUTION BECAUSE I WAS
have been an extreme act of tyranny to have APPREHENSIVE THAT WE WERE
denied them such a passport? SPEEDING HEADLONG UPON WAR.
torfrom Oklahoma yield to the Senator from AVOIDED SAYING, THAT MY ACTION
SEEMED TO COME FROM THE HIGH- Mr. GORE. Mr. President, I did not quote
EST AND MOST RESPONSIBLE AU- the Senator as saying it; not at all.
THORITY, THAT CERTAIN SENATORS Mr. STONE. Then I say, in all fairness to
AND CERTAIN MEMBERS OF THE the President and to the facts of the case, so
HOUSE IN A CONFERENCE WITH THE far as they are within my knowledge, that the
PRESIDENT OF THE UNITED STATES President never stated to me or in my hearing
RECEIVED FROM THE PRESIDENT that he believed in any way, or in any way en-
THE INTIMATION, IF NOT THE DEC- tertained the thought, that war between the
LARATION, THAT IF GERMANY IN- United States and the central powers would be
SISTED UPON HER POSITION THE desirable or would result in good to the United
ON HER POSITION; THAT IT WOULD Mr. GORE. Mr. President, I will accept the
RESULT PROBABLY IN A BREACH OF suh rosa remark of the Senator from Indiana
DIPLOMATIC RELATIONS; THAT A (Mr. Kern) that he has a passion for peace.
BREACH OF DIPLOMATIC RELATIONS We all have a passion for peace. Yet I want
WOULD PROBABLY BE FOLLOWED to say in this place that I am not for peace at
BY A STATE OF WAR; AND THAT A any price. I do not belive that all peace is
STATE OF WAR MIGHT NOT BE OF honorable, nor do I believe that all war is dis-
ITSELF AND OF NECESSITY AN EVIL, honorable. Our Revolution was surcharged
ENTERING THE WAR NOW MIGHT BE Mr. I heard in such a way, analyz-
ABLE TO BRING IT TO A CONCLU- ing thePresident,
evidence, that I apprehended there was
SION BY MIDSUMMER AND THUS foundation in fact that the President sug-
RENDER A GREAT SERVICE TO CIVIL- gested to the Senator that the United States
IZATION. might bring the war to a close by the middle
Mr. President — of the summer. Am I right in that, may I ask
I can not tell how the truth may be;
the Senator from Missouri?
I say the tale as 'twas said to me. Mr. STONE. The President of the United
States made no such statement to me as
This came to my ears in such a way, with
such a concurrence of testimony, with such in- quoted by the Senator from Oklahoma.
ternal and external marks of truth, that I
feared it might possibly be the truth; and if
such a thing be even conceivable, I did not
When go to the White House to hold a con-
feel that, discharging my duty as a Senator,
versation with the President, or when I go any-
I could withhold whatever feeble service I
where to hold a conversation with a Senator
might render to avert the catastrophe of war. or any other official, what he says to me is
Now, I do not know that this report is the
sacred. I have not repeated conversations I
truth. I as explaining my
simply suggest it
have had with the President. I have stated im-
own conduct.
pressions that the conversations I had with
I think the Senator from Massachusetts and
him made upon my mind, and I stated them, in
the Senator from Mississippi are right in say-
substance, in a letter I wrote to the President,
ing that the President has a right to know which was given to the public, but I have not
whether Congress will back him in the opin-
repeated the conversations themselves.
ion, if he has such an opinion, that the sink-
Mr. GORE. Mr. President, I made no inti-
ing of an armed belligerent ship will be a suf-
ficient cause for war; and I think, too, Mr.
mation that the Senator had repeated the Pres-
ident's conversation with him.
President, that Members of the Senate and
that Members of the other House have a right Mr. JAMES. Mr. President, if the Senator
to know whether the opinions and sentiments from Oklahoma will yield
ascribed to the President were given in their The VICE PRESIDENT. Does the Sena-
interview with him. torfrom Oklahoma yield to the Senator from
Mr, President, of course, if the Senator Kentucky ?
from Missouri (Mr. Stone) will deny that sug- Mr. GORE. Yes.
gestions of that sort, in substance, were made, Mr. JAMES. The Senator tells us that the
his denial would be convincing upon that fear created by this rumor which came to his
point. ears of probable war caused him to introduce
Mr. STONE. Mr. President, I do not know this resolution. The Senator is on perfectly
why the Senator from Oklahoma quotes me as good terms with the President, is he not?
saying Mr. GORE. Oh, certainly.

Mr. JAMES. Why, then, did not the Sena- many or any other nation under the sun. As
tor go to the President himself and ascertain at an American standing for Americans only I
first hand the facts? have no choice of enemies.*
Mr. GORE. Mr. President, if I received an [Mr, Gore appended to his remarks the fol-
invitation to accompany the Senator from In- lowing:]
diana and others, it was overlooked.
Mr. JAMES. But, Mr. President, this mat-
ter was of such pressing importance and so vi- CONTEMPLATE VISITING BELLIGER-
tal to the Senator's country

the present ENT COUNTRIES.
Chief Executive is the head of his own party
All American citizens who go abroad should car-
and the Senator is one of the President's clos- ry American passports, and should inquire of dip-
est friends. The ask the Senator
I lomatic or consular officers of the countries which
is why he himself did not go

the President they expect to visit concerning the necessity of hav-
would have been very glad to have seen him ing the passports vised therefor.
— and he could have ascertained from the American citizens are advised to avoid visiting
unnecessarily countries which are at war, and par-
President himself just what he said and just ticularly to avoid, if possible, passing through or
what he thought? from a belligerent country to a country which is at
war therewith.
Mr. GORE. Mr. President, I profess to en- It is especially important that naturalized Ameri-
joy no such confidential relationship that can citizens refrain from visiting their countries of
might lead me to expect to be apprised of his origin and countries which are at war therewith.^
views if they were of that description. No one It is believed that Governments of countries which

could wish to become the custodian of such a are in a state of war do not welcome aliens who are
traveling merely for curiosity or pleasure. Under
secret, if true. acted, as I say, upon what
the passport regulations prescribed by the President
seemed to be a reliable report, and which I January 12, 1915, passports issued by this Govern-
did not feel at liberty to disregard. Of course, ment contain statements of the names of countries
I may have been in error about it. Mr. Presi- which the holders expect to visit and the objects of
their visits thereto.The department does not deem
dent, I acted in the lurid light of those impress- itappropriate or advisable to issue passports to per-
ions. Certainlydid not undertake to quote
sons who contemplate visiting belligerent countries
what the President said to Senators, nor did I merely for "pleasure," "recreation," "touring,"
intimate that the Senator had reported to me "sight-seeing," etc.
or repeated to me his conversation with the As belligerent countries are accustomed, for self-
protection, to scrutinize carefully aliens who enter
President, and I assume that other Senators their territories, American citizens who find it neces-
received the same report. If it be untrue, of sary to visit such countries should, as a matter of
course everybody must be gratified. precaution and in order to avoid detention, provide
themselves with letters or other documents, in addi-
Mr. President, with these observations, tion to their passports, showing definitely the ob-
merely suggesting that when the time comes jects of their visits. In particular it is advisable for
I will make an effort to present the real issue persons who go to belligerent countries as repre-
to the Senate, I may say that I have nothing sentatives of commercial concerns to carry letters
of identification or introduction from such concerns.
further to offer at this time except that I pos-
Naturalized American citizens who receive Ameri-
sess only finite wisdom, and I was doing my can passports are advised to carry their certificates
duty as I saw it under the circumstances and of naturalization with them, as well as their pass-
under the lights available. ports.
American citizens sojourning in countries which
Let me say further, in conclusion, that I are at war are warned to refrain from any conduct
have no disposition to interfere with diplo- or utterances which might be considered oflfenaiy*
matic relations or negotiations so long as they or contrary to the principles of strict neutrality.
do not impinge upon the constitutional power
of Congress to declare war— TO CONTROL ROBERT LANSING.
am not willing to be involved in war with Washington, October 4, 1915.
Germany or any other power on account
of the particular question here involved. NOTE.—An application for a passport must be
Whenever the honor, whenever the vital in- accompanied by duplicate unmounted photographs
of the applicant, not larger than 3 by 3 inches in
terests, of the United States, whenever the size, one affixed to the back of the application by the
essential rights of any American citizen are clerk of court before whom it is executed, with an
violated or outraged, I shall go as far as who impression of the seal of the court; the other to be
affixed to the passport by the department.
goes farthest to place at the disposal of the
Commander in Chief of the Army and
the Navy every available man and every *At the close of Senator Gore's remarks, the Sen-
ateremained for some moments in absolute silence.
available dollar, whether that power be Ger- The regular order of the day was then taken up.

In the Senate, Friday, March igi6
international law, to travel and ship his goods on an
armed merchant vessel may be an established right
The Secretary read the it is none the less the moral and patriotic duty of
amendment pro-
every American citizen, in view of the desperate
posed by Mr. McCumber, as follows: character of the warfare now raging in Europe and
the desperate situation of each and all of the war-
As a substitute for said Senate concurrent reso-
lution* insert the following: ring powers, to refrain from needlessly exposing
himself to danger, and, by his recklessness or au-
"Whereas the President of the United States, act-
dacity involving his country, or threatening to in-
ing in his diplomatic capacity, has so far been un-
volve it, in a conflict that may seriously affect the
able to secure an understanding with the central
welfare of a hundred million of his fellow citizens,
belligerent powers of Europe with reference to
the attack by submarines, without notice, on mer-
and that therefore the citizens of the United States
chant ships of a belligerent nation armed for de- should, and they are hereby requested, to refrain
fense only; and
from travel on such armed merchant ships until an
"Whereas the President has maintained through all agreement has been reached between this country
the negotiations that under the rules of interna-
.and the warring nations, to the end that the en-
tional law heretofore obtaining the firing upon
deavors of the President may not be jeopardized or
halted or this Government forced into hostility with
such merchant vessel by any warship without
another country because of the unnecessary or reck-
previous notice is illegal, and has notified the said less attitude of any citizen of the United States."
central powers that American citizens have a clear
right, under international law, to travel on such Mr. STONE. Mr. President, I now ask that
merchant vessels, and has further notified said
central Governments that should the lives of concurrent resolution No. 14 be laid before the
American citizens be lost through such illegal Senate.
acts the said powers would be held to strict ac- The VICE PRESIDENT. The Chair lays
countability; and before the Senate concurrent resolution No.
"Whereas the said central powers have declared
that such armed merchant vessels would be con- 14.
sidered and treated as ships of war and subject The SECRETARY. Senate concurrent
to attack as such, without notice, and have furth-
er declared their purpose to so attack such mer-
resolution No. 14, by Mr. GORE——
chant ships; and Mr. JAMES. Mr. President
"Whereas it is conceded that the submarine, as an in- The VICE PRESIDENT. The Senator
strument of warfare, was unknown when such in- from Kentucky.
ternational rule was established; and Mr. GORE. Mr. President
"Whereas it is well known that such submarine, by
Mr. JAMES. I rise for the purpose of ask-
giving notice to an armed ship, might endanger its
own existence; and ing the Senator from Missouri if he will yield
"Whereas in one instance at least during the pres- to me for the purpose of making a motion to
ent war in Europe a submarine has been sunk and
lay that resolution and all substitutes for and
itscrew destroyed by such armed merchant ship; amendments to it on the table?
"Whereas many new and novel means of warfare Mr. GORE. Mr. President
have been employed by all of the nations engaged Mr. STONE. I yield to the Senator.
in that struggle, raising new questions of rights Mr. JAMES. Now, Mr. President-
and responsibilities, both as to neutrals and bellig- Mr. GORE. I rise to a question of personal
erents, upon which opinions and views may justly
differ; and privilege.
"Whereas the President has requested that each Mr. JAMES. I move that the resolution
branch of Congress shall express its conviction and all substitutes for it and amendments to
as to the propriety of warning the citizens of the it be laid upon the table, and upon that motion
United States to refrain from travel on such
I demand the yeas and nays.
armed ships: Now, therefore, be it
Mr. GORE. I rise to a question of personal
"Resolved hy the Senate {the House of Represen-
tatives concurring). That it is the sense of the Con- privilege.
gress of the United States, that under the rules of The VICE PRESIDENT. The Senator
international law heretofore obtaining, merchant from Oklahoma.
vessels, though armed with a stern gun of compar- Mr. GORE. Mr. President, under Rule
atively small caliber and for defense only, has the
status and rights in war of an unarmed merchant
XXI of the Senate I have a right to modify the
ship, but that the science of war has developed with pending resolution before any action is taken
such extraordinary rapidity during the present con- upon the resolution. I desire now to exercise
flict and new weapons of warfare, including the that sacred and immemorial right.
submarine and aero fighting craft, have been em-
Mr. JAMES. I rise to a point of order. I
ployed with such far-reaching consequences and
which may threaten the very life of any one bf the make the point of order that the motion to lay
nations involved and which may necessitate a revis- upon the table is not debatable.
ion of the codes of international law pertaining to
the rights and duties of neutrals and belligerents in
The VICE PRESIDENT. The point of
the light of such new instrumentalities; that while order is well taken
the strict legal right of an American citizen, under Mr. GORE. Mr. President
The Gore resolution. The VICE PRESIDENT. The Chair will

The Mr. JAMES. Mr. President, I move to lay
request Senators to listen a moment.
Chair has some rights. The point of order is the resolution and all substitutes and amend-
well taken that the motion to lay upon the ta- ments to it on the table, and upon that I .de-
ble is not debatable. The Chair also rules that mand the yeas and nays.
the Senator from Oklahoma has a right to The VICE PRESIDENT. The motion is

amend his resolution, but not to discuss it. to lay the resolution and all substitutes for it

Mr. GORE. Mr. President, I appreciate on the table. The yeas and nays have been
that the ruling of the Chair is correct, but per- demanded. Is the request seconded?
mit me just one sentence. I desire to explain The yeas and nays were ordered.
the purpose of the change. Mr. GALLINGER. Mr. President
Mr. GORE. Mr. President, I am heartily in
Mr. JAMES. I make the point of order that
favor of the motion.
debate is not in order.
Mr. GALLINGER. Mr. President, I think
Mr.GORE. Very well, I shall not do so. we have a right to have the resolution read as
The VICE PRESIDENT. The Chair has it is proposed to be amended.
ruled fairly under the rules. The VICE PRESIDENT. There is no
Mr. GORE. I send to the desk the modifi- doubt about that.
cation which I make in the pending resolution, Mr. GALLINGER. I ask that that be done.
'according to the ruling of the Chair. The VICE PRESIDENT. The Secretary
The VICE PRESIDENT. The Secretary will read the resolution as amended.
will state the resolution as amended. Mr. GALLINGER. And, Mr. President, I

The SECRETARY. trust there will be order.

It is proposed to strike
out all that follows the word "that," on page 2, The VICE PRESIDENT. The Chair relies

line 2, and to insert the following: upon Members of the Senate to be in order.
Mr. GALLINGER. And others.
The sinking by a German submarine, without no-
tice or warning, of an armed merchant vessel of her The VICE PRESIDENT. And the Chair
public enemy, resulting in the death of a citizen of instructs the Sergeant at Arms to keep the
the United States, would constitute a just and suffi- guests of the Senate in order.
cient cause of war between the United States and
the German Empire.*
The Secretary read the resolution of Mr.
GORE, as modified, as follows:
"*It will be noticed that Senator Gore completely Whereas a number of leading powers of the world
transformed the purport of his resolution. Orig- are now engaged in a war of unexampled propor-
inally it had declared that it was the sense of Con- tions; and
gress that Americans should stay off of armed vessels Whereas the United States is happily at peace with
of belligerent Powers: this declaration was now ex- of the belligerent nations; and
punged, and the resolution now declared that the Whereas it is equally the desire and the interest of
sinking of an armed merchantman by a German the American people to remain at peace with all
submarine WOULD constitute sufficient cause of nations; and
war between the United States and the German Em- Whereas the President has recently afforded fresh
pire. Mr. Gore had conceived, and (as it turned out) and signal proofs of the superiority of diplomacy
he successfully accomplished, one of the most ex- to butchery as a method of settling international
traordinary feats in the parliamentary history of disputes; and
Congress. A demand had gone out from the White Whereas the right of American citizens to travel on
House that the Gore resolution be laid upon the ta- unarmed belligerent vessels has recently received
ble. The sentiment of the Senate was overwhelm- renewed guaranties of respect and inviolability;
ingly in favor of the Gore resolution as perusal of — and
the present volume will abundantly demonstrate. Whereas the right of American citizens to travel on
However, Senators were reluctant to place them- armed belligerent vessels rather than upon un-
selves in a position of antagonism to the President, armed vessels is essential neither to their life,
while the latter was pleading for a "free hand" in liberty, or safety, nor to the independence, dignity,
diplomtic negotiations with the German Govern- or security of the United States; and
ment. It was apparent, when Mr. Gore's resolution Whereas Congress alone has been vested with the
came up, that a vote could not be had upon the power to declare war, which involves the obliga-
merits of the question; pressure from the White tions to prevent war by all proper means consist-
House would without doubt compel the "tabling" — ent with the honor and vital interest of the Na-
that is to say, the postponement of any vote upon — tion: Therefore be it

any resolution. Mr. Gore therefore adroitly substi- Resolved by the Senate (the House of Representa-
tuted for his original resolution a resolution of pre- tives concurring). That the sinking by a German
cisely opposite character. If the Senate must "table" submarine without notice or warning of an armed

anything, it should "table" and the result was that merchant vessel of her public enemy, resulting in
it —
did actually table not a resolution warning the death of a citizen of the United States, would
Americans off of armed ships, but a resolution de- constitute a just and sufficient cause of war between
claring that the sinking of an armed ship by the the United States and the German Empire.
German submarines would be a sufficient casus belli.
What the Senate did actually lay on the table Mr. STONE. A parliamentary inquiry, Mr.
was the latter resolution. President.

Mr. JONES. A Senator from Indiana [Mr. Shively], but
parliamentary inquiry.
desire to understand and
I — on this matter I am at liberty to vote. I vote
I think the Senate should understand — "yea."
whether the resolution has been so amended Mr. CLARKE
of Arkansas (when his name
as just read, and if that is the question now be- was called). have a pair with the junior Sen-
fore the Senate? ator from Utah [Mr. Sutherland], who
The VICE PRESIDENT. That is the ques- is not present. If he were present I should
tion to which the motion to lay on the table not vote for this particular amendment. I
goes, and the yeas and naye have been request- should have voted against tabling the original
ed and seconded. resolution, but I should vote "yea" to table this
Mr. JONES. A parliamentary inquiry, Mr. particular resolution.
President. Is it too late to offer an amend-
Mr. COLT (when his name was called). I
ment to the resolution? have a pair with the junior Senator from Dela-
The VICE PRESIDENT. It is too late to ware [Mr. Saulsbury]. I am informed that
offer anything. that Senator if present would vote the same way
Mr. GORE. I call for the regular order. that I would vote. I therefore vote "yea."
The VICE PRESIDENT. The yeas and Mr. CHILTON (when Mr. Goff's name
nays have been ordered, and the Secretary will was called). My colleague [Mr. Goff] is ab-
call the roll.
sent on account of illness. I will let this an-
The Secretary proceeded to call the roll as nouncement stand for the day.
Mr. La Follette and Mr. Borah addressed the
Chair, and Mr. Ashurst responded in the affirm-
Mr. BRANDEGEE (when Mr. Lippitt's

name was called). I am
authorized by the
senior Senator from Rhode Island [Mr. Lip-
Mr. CLARKE of Arkansas. Mr. President,
I riseto a point of order. I make the point of pitt] to state that he is unable to be on the
floor to-day, that he is paired with the junior
order that the resolution now pending is an en-
Senator from Montana [Mr. Walsh], and
tirely new proposition. that if he were here he would vote "yea" on
Mr. ASHURST. I made a response. I ob-
this question.
ject to any debate. My name was called and I
made a response. Mr. OWEN (when his name was called). I

Mr. CLARKE of Arkansas. I do not care transfermy pair with the junior Senator from
what response the Senator made; I am not New Mexico [Mr. Catron] to the senior
asking his consent. Mr. President, I make the Senator from Tennessee [Mr. Lea] and will
vote. I vote "yea."
point of order that that resolution can not be
considered in its present form, for it is an en- Mr. KERN (when Mr. Shively's name
tirely new resolution and it is not an amend- was called).desire to announce the un-
ment to anything. It is certainly not the orig- avoidable absence of my colleague [Mr. Shiv-
inal resolution which has been offered, and ely]. If he were present, he would vote "yea."
can not be considered until to-morrow, unless Mr. SMOOT (when his name was called).
by unanimous consent. Mr. President, not being able to vote on the
question directly and being prevented
The VICE PRESIDENT. The Chair does
not sustain the point of order. giving my my vote, I ask the Sen-
reasons for
Mr. BORAH. Mr. President, a parliamen- ate to excuse me from
voting upon the motion.
tary inquiry. As I understand, the The VICE PRESIDENT. Will the Senate
Mr. ASHURST. Mr. President, my name excuse the Senator from Utah from voting?
has been called and I responded. I ask that The Chair hears no objection.
the roll call may proceed. Mr. BORAH. Mr. President, I object.
The VICE PRESIDENT. The Chair thinks Mr. CHILTON. This is not the time to
the ought to proceed.
roll call take it up.
Mr. President, I addressed Mr. BORAH. I was in the same situation
the Chair before the agile gentleman from myself.
Arizona got in. The VICE PRESIDENT. The question
Mr. GORE. I call for the regular order. will be put at the conclusion of the roll call.
The VICE PRESIDENT. The Chair thinks Mr. STONE
(when his name was called).
the roll call should proceed. The Chair did If I may be permitted to do so, I am requested
not know that the Senator from Idaho had ad- to announce the unavoidable absence of the
dressed the Chair. Let the roll call proceed. Senator from Delaware [Mr. Sauls-
Mr. BURLEIGH (when his name was bury] because of sickness. If the original

called). I have a general pair with the senior resolution

Mr. GALLINGER. I object, Mr. President, called). As the resolution now stands, I re-
to any statement. gretfully vote "yea."
Mr. STONE. I am explaining my vote. Mr. WALSH (when his name was called).
Mr. GALLINGER. The Senator has no I have a general pair with the senior Senator
right to do it. from Rhode Island [Mr. Lippitt]. I am ad-
Mr. BORAH. Mr. President, I object. vised as to how he would vote if he were pres-
Mr. STONE. Very well. On this resolu- ent. I vote "yea" in the form the resolution
tion, I has taken.
Mr. BORAH. I ask that the Senator an- Mr. WILLIAMS (when his name was
nounce his vote. called). Notwithstanding my
pair, I feel at
Mr. STONE. Well, I am not going liberty to vote upon this proposition. I vote
Mr. BORAH. That is all the Senator will "yea."
do. The roll call was concluded.
Mr. STONE. The Senator from Idaho is Mr. LANE. Under this form of the resolu-
not authorized to say what I will or will not tion, I vote "yea."
do. Mr. KERN. I desire to announce the un-
Mr. BORAH. If the Senator from Idaho is avoidable absence of the junior Senator from
going to be gagged, the entire Senate will be Delaware [Mr. Saulsbury]. I am authorized
gagged. If we are to be intellectual slaves to state that if he were present he would vote
singly, we will be intellectual slaves in a body. "yea."
Mr. BRANDEGEE. Mr. President, I rise Mr. CLARKE of Arkansas. Mr. President,
to a point of order. the announcement has been made by the senior
The VICE PRESIDENT. The Senator Senator from Utah [Mr. Smoot] that his
from Connecticut will state the point of order. colleague, the junior Senator from Utah [Mr.
Mr. BRANDEGEE. I demand the regular Sutherland], with whom I have a regu-
order, which is the roll call. lar pair, would vote "yea" on this matter, and
Mr. STONE. Mr. President I desire to have my vote recorded as "yea." I
Mr. BORAH. That is all right. I will take do not think the declaration of that resolution
part in this debate just as long as the Senator is sound.
from Missouri does. Mr. OLIVER. Mr. President, a parliamen-
The VICE PRESIDENT. The Senator tary inquiry. Before the result is announced,
from Missouri and the Senator from Idaho will is it not in order for the Senate to vote upon

be seated. the request of the Senator from Utah [Mr.

Mr. GALLINGER. I object to the Senator Smoot] ?

frorn Missouri making any observations, and The VICE PRESIDENT. The Chair was
I think the ruling approaching that question. The rule provides
Mr. STONE. I am not going to make any that—
observations. When a Senator declines to vote on call of his
Mr. GALLINGER. That is right. name, he shall be required to assign his reasons
therefor, and having assigned them, the Presiding
Mr. STONE. On this motion I vote "yea." Officer shall submit the question to the Senate:
(when "Shall the Senator, for the reasons assigned by him,
name was called). My colleague [Mr. Suth- be excused from voting?" Which shall be decided
without debate; and these proceedings shall be
erland] is unavoidably detained from the had after the roll call and before result is announced.
Senate. He
has a general pair with the senior
Senator from
The Senator from Utah will assign his rea-
[Mr. Clarke]. If
sons for his refusal to vote.
my colleague were present, he would vote Mr. SMOOT. Mr. President, I can state
"yea" upon this motion.
them in no more succinct way than I have al-
Mr. TILLMAN (when his name was
I am
informed that if my pair, the ready done. Not being able to vote on the
question directly and being prevented from
junior Senator from West Virginia [Mr. giving my reasons for my vote, I ask the
Goff], were he here he would vote the same Senate to excuse me from voting upon the mo-
way that I shall vote. I therefore vote "yea." tion of the Senator from Kentucky [Mr.
Mr. SMITH of Michigan (when Mr.
James] .

Townsend's name was called). My colleague The VICE PRESIDENT. The question is,
[Mr. Townsend] is unavoidably detained from Shall the Senator from Utah, for the reasons
the Senate because of serious illness in his
assigned by him, be excused from voting?
He is paired with the junior Senator fromfamily.
Flori- [Putting the question.] The "ayes" have it,
da [Mr. Bryan]. and the Senator from Utah is excused from
Mr. VARDAMAN (when his name was voting on the question.
The roll call resulted —yeas 68, nays 14, as
follows :

submitted by me having accomplished its pur- Have we complied with the request of the
I withdrew it when the Senator from President of the United States? I suppose
Missouri [Mr. Stone] rose to move to lay it that what we have done was intended to be a
on the table. It is in the following words :
compliance with his request. What did he say
in his letter to Mr. Pou that he wanted? This
Whereas this is a Government of the people, by the
is what he said:
people, for the people, and not of any individual,
therefore feel justified in asking that your com-
by any individual, or for any individual; and I

Whereas it is contrary to the fundamental principles mittee will permit me to urge an early vote upon the
of our Government that the people should be in- resolutions with regard to travel on armed mer-
volved in war through the decision or by the act chantmen which have recently been so much talked
of any one man; and about —
Whereas the Constitution of the United States of Why?
America expressly provides that "the Congress in order that there may be afforded an immediate
shall have power to declare war, to raise and sup-
opportunity for full public discussion and action
port armies, and to provide and maintain a navy"; upon them.
Whereas the act of declaringwar should not be This is the full public discussion that we
merely the ratificationand confirmation by Con- have had, motions to lay upon the table, under
gress of the judgment and decision of a single which no man can speak until after the motion
man, but should be the sober judgment and ma- is passed upon.
ture decision of the people through their repre-
sentatives in Congress upon the causes and jus-
Mr. BORAH. Mr. President
tification for such declaration; and The VICE PRESIDENT. Does the Sena-
Whereas an assault upon the national honor would torfrom Washington yield to the Senator from
be a justification for a declaration of war; and Idaho?
Whereas no one man is the sole custodian of the Na- Mr. JONES. I do.
tion's honor; and
Whereas the issue of war is too momentous and Mr. BORAH. The Senator is not in touch
fraught with too grave consequences to the peo- with the subterranean passage?
ple to be decided by any one man; and Mr. JONES. I think I know about it and
Whereas the people of this country are not seeking the character of it, but I did not see fit to sug-
war and do not desire to be led into it, but, if in-
volved, would be united as one man in support gest it.

of the Government; and Mr. THOMAS. Mr. President

Whereas by the arbitrary act or demand of its The VICE PRESIDENT. Does the Sena-
Chief Executive the people may be placed in a sit- tor from Washington yield to the Senator from
uation from which they can not withdraw with-
out humiliation and be involved in war for causes Colorado?
the justice of which they have not been permitted Mr. JONES. Yes.
to pass upon: Therefore be it Mr. THOMAS. May I inquire of the Sena-
Resolved, That it is the sense of the Senate of the tor from Washington if what he calls full dis-
United States of America, that any issue claimed to cussion on this subject in the Senate had been
affect the national honor should be referred for its had when we would have reached a vote upon
decision to the Congress of the United States, and
BELLIGERENT POWER AND NO SEVER- Mr. JONES. Well, Mr. President, a ques-
ANCE OF DIPLOMATIC RELATIONS BE tion that may involve war for this country is a
BROUGHT ABOUT BY EXECUTIVE ACTION question that ought to be discussed until
OF CONGRESS. everybody has reached a clear decision and
until the people know thoroughly why we take
Mr. President, we have decided nothing to- whatever action we may take.
day except that the Senate can be gagged ab- Mr. THOMAS. Mr. President
solutely. We have not passed upon the issue Mr. JONES. I do not know when it would
presented in any way. We have like ostriches have been decided, but it would have been de-
stuck our heads in the sand and we think that cided in accordance with the honest judgment
no one sees us. If the note means anything, of the Senate and in accordance with its stand-
it actually ties the hands of the President, and
ing and dignity as a part of the war-declaring
will bear no other construction.
I voted against tabling the Gore resolution Mr. THOMAS. Mr. President
because on general principles I am against The VICE PRESIDENT. Does the Sena-
tabling resolutions, for the motion is always torfrom Washington yield to the Senator from
made for the purpose of either cutting off de- Colorado ?
bate or evading the issue. I am in favor of Mr. JONES. Yes.
passing upon this question squarely. That is Mr. THOMAS. It is quite evident that not-
what we should have done to reflect honor withstanding the vote we are going to have a
upon the great body we are supposed to be and discussion.
ought to be. Mr. JONES. I want to say to the Senate

that I shall not take over three or four min- shed on the altar of selfishness, recklessness,
utes ;
that is all. or commercialism.
Mr. THOMAS. I was merely going to ask Mr. POMERENE rose.
the question whether your discussion, if you Mr. JONES. I ask the Senator not to inter-
desire to have one and get it before the country, rupt me. I shall be through in just a moment.
can not be made just as well in the way this It is not asking much of the citizen to ask
body is in the habit of doing, and that is by him to stay off these ships. Is it possible that
holding a post-mortem inquiry after disposing there are men and women who are not patri-
of the resolution? otic enough to do this little thing in behalf
Mr. JONES. I am not going to engage in of their country and humanity? denounceWe
as cowardly and unpatriotic the man who will
any post-mortem discussion. It is very ieasy
to introduce another resolution like this to- not offer his life in time of war to defend his
morrow. The Senate has not passed upon the country. What denunciation is too severe for
resolution yet, and everybody knows that the man who is not willing to forego the ex-
Mr. THOMAS. I am very glad ercise of a mere personal right of profit or
pleasure in time of peace to save his country
Mr. JONES. Everybody knows that we from the horrors of war?
have not settled the proposition. have We
not reached a decision upon it. We have Mr. President, the resolution which I in-
evaded it. We have voted blindly, and in- troduced was not introduced for political pur-
stead of assisting the President we have, in poses; there was no thought of partisanship
embarrassed him. When Senators really in it; it was simply introduced in behalf of
see what they have done they will certainly the United States and the people of the United
regret their hasty action. The President is States, and not in the interest of Germany, not
not advised as to the sentiment of the Senate in the interest of the allies. It has served a

on this proposition, and the people abroad good purpose. The attention of the people has
know that we have not passed upon it. If been centered in the situation now confront-
the President, the House, and the Senate de- ing us. I appeal to the people of this country
sire that something shall be done that will that they refrain in time of peace from doing
those things that may lead us into war. Pa-
speak to the countries abroad, we ought to
have voted squarely on the proposition. It triotism and humanity demand this from all

should have been amended and put into shape of us.

expressing the mature and patriotic judgment

Mr. REED and Mr. McCUMBER addressed
of the great American people. the Chair.
I do hope, Mr. President, that this agita- The VICE PRESIDENT. The Senator
tion and what has been done will serve the
from Missouri.
Mr. REED. Mr. President, I am sending
purpose of inducing American citizens to re-
to the desk, and I ask to have read, an article
frain from putting themselves on these armed
from the London Times of February 10, 1916.
belligerent ships. In the interest of the Uni-
I hope the Members of the Senate will listen
ted States and in the interest of their country,
I hope that no one hereafter, until this terrific
to this article, particularly to the first and last
contest closed, will place himself in a po-
is parts of it.

sition lose his own life

where he may not only THE VICE PRESIDENT. Is there objec-
but bring our country into war and into tion to the request of the Senator from Missou-
trouble. ri? The Chair hears none, and the Secretary
will read as requested.
He may have the technical right to travel on
The Secretary read as follows:
these ships, although I doubt it. But, Mr.
President, a man may be so reckless, in my
judgment, of the rights of others as to for-
feit rights which he may have. The peace of CRITICIZED— HEAVIER GUNS NEEDED.
a nation should not abide upon the result of [By our naval correspondent.]
any individual's recklessness. The number of cases in which merchant ships
The Nation's honor should hang on no man's have put up a good fight against submarines is in-
creasing, and successful escapes of liners owing to
foolhardiness. Homes should not be made their carrying a gun are more frequent. Not all
desolate and hearts should not be broken and such encounters get into the papers, but within the
the land should not be bathed in blood in be- last few weeks three good examples, among others,
half of any man's cupidity or pleasure. have been made known.

hold the Nation's honor yes, with every drop The P. and O. Steamer Kashgar, when off Malta
on her way to India, saw a submarine's periscope
of American blood, if need be; but American and fired at it, obliging the boat to dive. It reap-
blood is too precious for a single drop to be peared on the opposite side of the liner and wa»

again fired at, if not hit, when the submarine dived have shown that merchant ships have been armed
and was seen no more. The Ellerman Hner City of from time immemorial, and their right to resist cap-
Marseilles also had a similar encounter off the Sar ture had never been disputed, until the Germans
dinian coat 10 days earlier. In her case the sub- began to make their numerous efforts to under-
marine opened fire without any warning, but after two mine our power at sea. In the past every merchant
shots the liner's gun got to work and discharged ship went armed, and a Royal Proclamation of 1672
eight shells at the "U" boat, after which the latter instructed them to assist and defend each other
disappeared. The third instance is that of a French against any enemy if attacked, to which end they
ship, the Plata, owned by the Transports Maritimes, were to be well provided with muskets, small shot,
which on January 27 sighted a submarine half a "hand granadoes," and other ammunition. I have
mile away. Fire was opened from the stern of the before pointed out that the historical evidence in
steamer, and the hostile craft, believed to be struck support of the practice is overwhelming, and it is
in a vital part, soon dived and made off. The action inconceivable that the British Government should
of the Clan Mactavish, though it did not meet with make any concession in this direction.
the success it deserves, points to the readiness with The American note connects the arming of mer-
which the merchant seamen can attack when chantmen with the weakness of submarines, con-
threatened. Her captain and crew fought in a man- tending that the introduction of submarine warfare
ner which might well have been successful had has altered the relative status of an armed merchant
their assailant been a submarine, but which was un- ship "and limited the defensive powers of subma-
availing against the more heavily armed raider. rines, rendering them liable to successful attack by
The recurrence of such incidents should not be such armed merchantmen." The allied Govern-
without its effect upon the Government in dealing with ments can not be expected to suffer, and the Ger-
the note which Mr. Lansing is reported to have ad- mans to profit, by this. Let the belligerents abide
dressed to the European belligerent powers on the by the requirements of international law, which pre-
subject of the arming of merchantmen and its rela-

scribe one method only that of detention, visit,
tion to submarine warfare. The substance of the and search. How can the merchantmen be reason-
note was published in the Times on January 29, ably expected to give up their guns in the face of
and its chief point, it will be remembered, was that the aeroplane and Zeppelin attacks which are grow-
armed merchantmen might be denied entry into ing in frequency? Germany, moreover, has re-
American ports, except under the same conditions cently sent out a merchant vessel with a formidable
as applied to warships, unless the powers to which armament to attack commerce, showing the imper-
they belonged subscribed to the principles proposed ative need of the allies not only arming their trad-
by the United States in a formula under five head- ing ships but of arming them more heavily than in
ings. Each power is asked to make this declara- the past.
tion, on condition that a similar declaration is made
by its enemies. The effect of the acceptance of Mr. CLARKE of Arkansas*. Mr. President,
this formula would be the virtual disarmament of I must confess that I am
not satisfied with the
merchant ships. Indeed, the American State De- course that things have taken here to-day. I
partment argues "that grave legal doubt exists as think that the question which was presented
to the right of a merchant ship to carry armament."
The acceptance of this proposal would be suicidal to the Senate called for more definite, rational,
— first, because it would hamper and injure us out and courageous action than it has received.
of all proportion to our enemies, supposing they I think the Senate of the United States has, in
accepted it, and, secondly, because no faith can be a manner not creditable to it, abdicated its
placed in a German promise not to mount guns in
merchant vessels. constitutional authority to be heard about
Of the five sections in the American proposal, great questions that affect the peace and wel-
the first, second, and fourth are correct enough and fare of this country. Whilst I say that, I do
could be accepted, while the fifth is meaningless
not say it offensively; but I can not refrain
in practice. It affirms that "only if it is impossi-
ble to supply a prize crew or to convoy the mer- from expressing the opinion that the manner
chant ship is sinking justified, and that in that case in which this great question was disposed of
the passengers and crew must be removed to a is not consistent with the dignity nor compat-
place of safety": but it is always impossible for a ible with the courage which should character-
submarine to supply a prize crew, and thus she
ize public action here.
would always be justified in destroying prizes. We
take our stand firmly on the necessity of taking There is no use overlooking the fact that we
ships before a prize court. If the Germans can not have come a second time to a place in the his-
do this, they have no real complaint, for the estab-
lished principles of international law are perfectly tory of this country where it may be said,
clear, although the enemy has chosen deliberately to as it was said of Rome, that "there is a party
disregard them. The third clause, however, "that for Caesar and a party for Pompey, but there
a belligerent-owned merchant ship should promptly is no party for Rome," and that great coun-
obey an order to stop," has no justification. That
a neutral ship should stop if ordered is an accepted try, republic and empire alike, disappeared and
principle, but no twisting of precedents can war- to-day institutions are as one with those of
rant the assertion that one of our merchant ships Nineveh and Tyre. It is our duty to see to it
must do so. It is true she is liable to ht fired on that no such fate shall soon overtake us.
if she does not, but she has a perfect
right to try to I think this question ought to be squarely
It is the doubts thrown in the American note and fairly met by the Congress of the United
upon the status of armed merchantmen, however,
which have attracted most attention. As early in *Mr. Clarke of Arkansas is President pro tempore
the war as September 26, 1914, and subsequently, I of the Senate.

States to-day. It is one of the most momentous period of the world's history is complete ;

questions that has been submitted to a-Govern- otherwise there would be no excuse for this
ment in modern times. You can not dodge it Congress and the like assemblies remaining in
by turning its settlement over to somebody perpetual session. Defects are being discov-
else, and you ought not to desire to do so. You ered all the time. Principles are becoming
have an affirmative duty to perform which you obsolete by reason of the progress of the
can not evade and preserve your reputation world in connection with mechanical and in-
for manliness and independence. dustrial arts and sciences. Rules of action
I believe that, if we had preserved from the applicable to conditions of fact with which we
beginning a condition of absolute neutrality, were called upon to deal yesterday will be-
the unfortunate struggle now raging in Eu- come obsolete to-rnorrow. New laws will be
rope would now be well on its way to an ad- necessary to meet these new conditions.
justment. THERE IS NO OVERLOOK- Now, for example, take the matter of ex-
ING THE FACT THAT ALL OUR PUB- porting arms by neutrals to belligerents. The
LIC ACTS AND DECLARATIONS HAVE process involves the rights and interests of
three parties the two belligerents and the
HAVE CREATED A DISTINCT IMPRESS- neutral exporter. It is not an unneutral act to
ION THAT OFFICIAL AMERICA, AT furnish with arms one or both of the belliger-
LEAST, IS ANXIOUSLY INTERESTED ents, provided it be done upon equal terms of
IN THE SUCCESS OF ONE OF THE opportunity, and yet it is also a feature of appli-
cable law, as well defined and as perfectly rec-
IT WILL REQUIRE NO INSPIRED IN- ognized as the other that the Government of
the neutral exporter has the right, by the en-
GENUITY TO GUESS WHICH ONE, BE- actment of municipal law, to prevent the ex-
port of arms and munitions to either belliger-
SAYING THAT ANYBODY WHO AT ent, and its action in doing so can not be justly
THIS DAY PROFESSES TO BE NEU- deemed under international law to be an un-
TRAL MUST BE IN SYMPATHY WITH neutral or otherwise unfriendly act.
THE GERMANS, SINCE EVERYBODY As illustrating the point I am presenting
ELSE OCCUPYING AN OFFICIAL PO- I call attention to the following extract from
STAND ON THE OTHER SIDE OF THE Oppenheimer on International Law, a recog-
nized authority on international law in Eng-
CONTROVERSY. NOW, I DO NOT IN- land, published in 1906. The extract is from
DORSE THAT VIEW; I DO NOT BE- volume 2 and is as follows:
LIEVE THAT IT CORRECTLY REPRE- SEC. In contradistinction to supply to bel-
by neutrals such supply by subjects of
is lawful, and neutrals are therefore not
LY REPRESENTS THE CONGRESS OF obliged, according to their duty oi impartiality, to
THE UNITED STATES. I believe that the prevent such supply. Consequently, when, in Aug-
ust, 1870, during the Franco-German War, Germany
interests, the history, and the traditions of
lodged complaints with the British Government for
this Government commit it to a policy of en- not prohibiting its subjects from supplying arms
tire fairness and absolute neutrality, and that and ammunition to the French Government, Great
this attitude should be reflected by those who Britain correctly replied that she was by interna-
tional law not under the obligation to prevent her
assume to speak by authority when they repre- Of course,
subjects from committing such acts.
sent this country in connection with this such neutral as is anxious to avoid all controversy
great struggle. and friction may by his municipal law order his
If existing international laws and rules subjects to abstain from such acts, as, for instance,
Switzerland and Belgium did during the Franco-
seem, by virtue of their attempted adaptation German War. But such injunctions arise from polit-
to existing facts, to favor one of the belligerent ical prudence, and not from any obligation imposed
parties, there can be no good reason why we by international law.
should not make the further inquiry as to It will thus be seen that both Belgium and
whether or not we are compelled to persist Switzerland exercised that right during the
in a course that puts us in an attitude of dis- Franco-Prussian War, to the acceptance and
tinct unfriendliness to the other. with the acquiescence of each of the then bel-
I have thought all along, and I believe now, ligerents. No claim was then made that such
that the Congress of the United States ought action was unneutral nor has any such claim
to supplement some existing international at any time been made, when that right has
rules and regulations with further declara- been exercised as it has been on more than a
tions, which it has ample and undisputed au- score of occasions by the great Governments
thority to make. No code of laws at this of the world.

I think we have the right to pass a resolu- citizens traveling on armed belligerent ships
tion declaring that our people go upon armed in time of war do so at their own peril.
merchantmen of either belligerent at their Mr. President, I feel intensely, very deeply,
own risk, and I think it is our duty to pass it that we ought not to allow anything to occur
now. We have already failed to take advan- that we can prevent that could by any possi-
tage of our opportunities on so many splendid bility involve the United States in the great
occasions that I do not think this one should war that is now devastating Europe. That
be permitted to pass without availing ourselves has been my only purpose; and had I had an
of it. opportunity to vote for a resolution advising
THOSE WHO JUST AT THIS JUNC- the President to recommend to the citizens of
TURE ARE PARTICULARLY ANXIOUS this Republic that they should not travel on
TO MAGNIFY THE IMPORTANCE OF those ships, I should have voted for it. Had
THE PRESIDENCY PRETEND TO the resolution that the Senator from Okla-
THINK THAT ONCE THE PRESIDENT homa, amended as he proposed and which I
HAS DECLARED AN OPINION OR DE- have examined since the vote was taken, been
FINED A PURPOSE TO ENFORCE AN directly presented to the Senate, I should have

ISLATIVE POWERS ARE PARALYZED. That care to say on this subject. I

is all I
are entitled to fully debate this ques-
FOR THE PRESIDENT AND ABOUT AS tion in the open at some time, and I trust that
MUCH INTEREST IN HIM PERSONAL- some resolution may be submitted that will
LY AND POLITICALLY AS ANYBODY give us a chance to do that thing, and if that
ON THIS FLOOR; BUT I HAVE NOT time comes I shall take occasion to discuss it.
ANY SUCH INTEREST IN HIM, NOR I agree with what has been said by other Sen-
HAVE I ANY SUCH INTEREST IN THE ators that we have in our action to-day reached
DEMOCRATIC PARTY, NOR HAVE I no conclusion one way or the other. I feel
ANY SUCH INTEREST IN A SEAT IN that we are entitled to an opportunity to ex-
THIS BODY, AS WILL EXCUSE ME IN press our views and to vote our convictions,
OMITTING TO DO ANYTHING I CAN and not have a motion to lay on the table car-
TO PREVENT THIS COUNTRY FROM ried, as it was to-day, by brute force.
BECOMING ENGAGED IN THE PRES- Mr. BORAH. Mr. President, I have had
ENT EUROPEAN CONFLICT. I SHALL but one rule to guide my conduct since this
NOT REMAIN SILENT; I SHALL NOT unfortunate conflict in Europe began and sotti^
OCCUPY AN AMBIGUOUS ATTITUDE difficulties closer home began, and that was,
WITH REFERENCE TO THE MATTER. wherever I conceived American right to exist,
Mr. GALLINGER. Mr. President, as I
and it was challenged upon the part of any
was the only Senator from the New England country or nation, to meet that challenge with-
States who voted against tabling the amended out vacillation or compromise. It has been
resolution, I want to say a word. immaterial to me whether the parties, being
I voted against tabling the resolution be- American citizens, were slain upon the sea or
cause I felt the matter ought to have been in Mexico, whether the nation responsible for
it was large or small. I measured my duty by
fully debated and then voted upon intelligently.
I confess I did not understand what the the fact that an American citizen's life had
amendment was that the Senator from Okla- been sacrificed and an American right had been
homa submitted to his original resolution, as invaded. I have known no other rule, and 1
it had never been before the Senate until it do not at any time intend to observe any other
was read from the desk. My position is that I rule.
want in every honorable way to do what I should therefore, had I been permitted to
can to avoid war. I have believed that it do have voted for the principle that an
would be a wise thing for our Government to American citizen has a right to travel upon a
advise American citizens not to travel on merchant ship armed for defensive purposes.
armed belligerent ships, and I should have a resolution
If embodying that principle in
voted for that if the question had been pre-
any intelligent way had been presented, I
sented to the Senate in that form. should have voted for it or if a resolution em-

I agree very fully with the

distinguished bodying the opposite principle had been ten-
Senator from Arkansas (Mr. Clarke) in his dered I would have voted against it. It is a
assertion that we ought to make an affirmative right which has been established under inter-

declaration in some form I wish it might be national law for these 500 years, and in my

put in the form of a statute that American judgment this is not the time for the great

American Republic to begin to temporize and free, open discussion; there was fear; there
compromise with reference to those national was subserviency; there was shrinking from
rights which have been so long established duty.
and which every belligerent power has at some This body which has been characterized as
time in its history recognized. If these prin- the greatest legislative and deliberative body
ciples of international law are made unsound in the world has no further step of humiliation
by changed conditions of warfare, now is not to take. When a great world crisis is on, and
the time for us to change them. Our purposes not only when the eyes of our hundred million
in doing so would be misconstrued and mis- of people were centered upon us but the eyes
understood. Indeed, I think there is nothing of hundreds of millions of people throughout
so dangerous in great emergencies as vacilla- the civilized world were centered upon us, we
tion, nothing so calculated to bring on war as come here and timidly reach a conclusion
a timid policy with reference to national rights. under the direction of some power beyond the
I say, therefore, Mr. President, I am ready Senate Chamber. I would rather a thousand
and willing for the American Republic to go times that our battleships should be sunk —
on record to the effect that Americans have —
we could rebuild them than to have the honor
the right to travel upon merchant ships armed and the independence of this body thus com-
for defensive purposes, and that the nation promised before the nations of the earth. It
which challenges that right or violates it will will no longer be possible, sir, to cry out
be held to a strict accountability. But I was against the dictation of the superman and the
not permitted in any intelligent way to so re- superstate of Germany. It will no longer be
cord myself. possible to boast that this is a conflict between
I am always made to doubt the cause in autocracy and democracy, for a more conspic-
uous example of the absolute breakdown of
which I am engaged when those around me
the democratic spirit you will not be able to
and with me are unwilling to debate it. I think
cite. It was, I repeat, a sad and sorry way to
the most manifest evidence of a great and
meet a great situation.
righteous cause is the willingness and deter-
mination of those who are advocating it to Mr. SHERMAN. Mr. President, in my
state their reasons and their views and their judgment, we are approaching the issues of
convictions to the world, and let the white peace or war. I do not believe in an evasion;
I believe in fairly meeting those issues, and
light of public opinion test their integrity. I
am made to doubt a cause which must be de- meeting them in such a way as the reasons
cided in secret, or if not decided in secret de- for or against may be given. The action in
cided by some ulterior power without the this body, taken a short time ago, may be par-
Chamber of this Senate, and here driven liamentary; it may be justified by the exigen-
through like we would drive through a ques- cies of the situation but it is unworthy of this

tionable resolution in a political precinct com- Senate. It smacks so strongly of cowardice

mittee. It casts reflection upon our position, and evasion and of shirking responsibility that
I am justified in
itenshrouds our cause with doubt, when, hav- applying to it those words of
ing been challenged to speak in craven silence,
we perfunctorily record our vote and slink If an issue of this character be raised, in-
away. volving the welfare of a hundred million peo-
ple, is at least, Mr. President, worthy of an
I was not permitted upon the ques-
to vote
tion. We denounce Germany because we do open discussion. This is called an "open
forum." It is a term of unmeasured sarcasm
not like her system of government, we say,
and her militarism. We
are told that in that applied to the proceedings of to-day. Two
marvelous nation all power and action pro- parliamentary motions are ever recognized
as ones to destroy the freedom of debate. No
ceeds from the royal nod. The great Senate
of the United States, the pride of Hamilton, attempt was made this morning, nor would it
the creation of the best thought and the best have been made unduly, to take time upon the

conception of the fathers a body which has
floor of this Chamber to discuss the merits or
the demerits of the resolution. One motion is
given to the world time and time again a full
justification of the work of its builders was — the previous question, and the other, which is
took precisely the as restrictive of discussion, is the motion to
Germanized to-day.
same attitude and followed the same instruc- lay upon the table one of which closes debate

tion and reached the same results by the same

and the other is itself not debatable.
method and process as the highest legislative It makes no difference what our views may
body of Germany reaches it when the Kaiser be, the President, on his request, is entitled to
directs action from the throne. There was no our views, and is entitled to them promptly

and not at a late day, after he has proceeded on conditions totally unlike the conditions facing
his diplomatic destination until he has arrived the nations now at war. Every rule is based
at the point where diplomacy has ended, where upon certain conditions. When the conditions
the laws of peace will no longer serve the pur- cease then the rule itself in most cases ceases.
pose. He must then submit to the House of For the first time in the history of human
Representatives and to the Senate the momen- warfare submarines have been used; for the
tous question of peace or war. If we do not first time air craft have become powerful in-
wish him to travel to that ultimate destination, struments in deciding the fate of nations; for
it is our duty to speak now, that he may be the first time the question has arisen. How
forewarned to proceed no longer in that direc- shall a submarine make its attack, be defended
tion. against, or how shall it be destroyed? A sub-
Mr. President, it has been said a good many marine is not a heavy, armored vessel its ;

times on the floor of this Chamber that for sides are subject to attack; it is the most vul-
some centuries the law permitted merchant- nerable of all seagoing craft.
men to be armed. That is true; and, so long Mr. HUSTING. Mr. President
as the question has been raised, it is well that THE PRESIDING OFFICER (Mr. Lewis
it be discussed. Probably since the days of in the chair). Does the Senator from Illinois

Grotius and before because he collected only yield to the Senator from Wisconsin?
the principles and precedents of that time — Mr. SHERMAN. Yes, sir.
merchantmen were armed, not with heavy Mr. HUSTING. I should like to ask the
armament distinguishing ships of war, but Senator whether British merchantmen have
with such weapons and such ammunition as been torpedoed by German submarines, and,
were reasonably required to repel such ene- if so, whether the vessels were unarmed at the
mies as they might encounter. time they were torpedoed?
What were those enemies? In every in- Mr. SHERMAN. Some of them have been.
stance a merchantman, going abroad in the The Lusitania was practically unarmed.
time of Grotius and up to a hundred years ago, Mr. HUSTING. Does not the Senator
think that merchantmen should be permitted
might encounter pirates in many of the com-
mercial highways of the world. They might to arm themselves to repel unlawful attacks
encounter, in the absence of shore patrol, at by submarines?
points where they received and discharged Mr. SHERMAN. I will answer that not by
merchandise, thieves, either individually or "yes" or "no," but, Mr. President, I will an-
combined. So a merchantman was permitted swer it by saying between the belligerents
to carry such defensive armament as was nec- they can settle that for themselves.
essary to protect her and her cargo against I have no doubt, Mr. President, that a mer-
thieves by land and pirates by sea. This orig- chant ship may arm itself in any way it sees
inally was the ground upon which a merchant- fit, either within the circular letter that has
man was allowed to carry arms. It was a been mentioned in some of the correspondence
peace armament and in no sense was designed or in any other way. I may at some proper
for naval warfare in either defense or offense. time discuss that at length. It does not now
It permitted a merchant ship to be and remain bear upon the question. The question here is
a vessel of peace and not of war. not whether the merchantman may arm itself,
The rules of no two civilized nations in the but after it has armed itself, thereby convert-
world are agreed on the extent of that arma- ing itself into a fighting ship, shall we permit
ment. It varies with conditions and with the American citizens to take passage upon it to
centuries; it varies with the character of the the scene of danger?
cargo and the ports of destination; it is con- Mr. HUSTING. My
question was directed
trolled by treaties and conventions, by circu- to the Senator because the Senator made the
lar letters of the power to which the merchant- statement that the reasons for arming mer-
man belongs or under whose laws it is regis- chantmen had gone by with the passing of the
tered. There is no hard and fast rule fixing pirates.
the character of the armament of a merchant Mr. SHERMAN. They have.
ship. Mr.HUSTING. In this warfare
If it be mentioned that there are laws gov- The PRESIDING OFFICER. Does the
erning nations at war and the character of the Senator from Illinois further yield to the Sen-
armament in years past, let me reply that the ator from Wisconsin?
discussion is academic. All of the discussion Mr. SHERMAN. Certainly.
on the floor of this Chamber on the character Mr. HUSTING. In this warfare, however,
of the armament of a merchant ship relates to these unlawful attacks on merchantmen were

resumed by the submarine. That is true, is of defense against any ship, part of a belliger-
it not? I say, was not the reason for arming ent's navy, which comes that way, but more
them renewed when the submarine torpedoed especially for use against a submarine. It
merchantmen that were not armed? therefore assumes the characteristics of a
Mr. SHERMAN. If they are unarmed, naval auxiliary. Although a noncommissioned
there is no justification. vessel, it is as much a warship upon the open
Mr. HUSTING. But they have been tor- sea as a battleship or any other commissioned
vessel that is accredited to the naval power
pedoed unarmed, have they not?
Mr. SHERMAN. Yes, sir. under which the private merchantman is reg-
Mr. HUSTINGt My question, therefore, is
istered. That is the very substance of the
contention in this case. If an armament be
whether the reason has not been revived by
carried,it becomes a ship of war on which no
these unlawful acts of the submarine, so that
a merchantman not only is justified in arming American ought to take passage.
itself, but it is its duty to do so?
I wish now particularly to call attention to
Mr. SHERMAN. has not been some matters that I think are material in this
No, it

revived, Mr. President —not sir;

by any means. controversy.
The submarine is an arm of a belligerent's To summarize what I have said — and I wish
naval force. If a merchantman arm itself to to be as brief as I can — the conditions have
destroy a submarine it loses its innocent char- changed that require or justify a merchantman
acter and becomes an auxiliary naval craft. It to arm itself. It no longer has a right to carry,
is then subject to the hazards of naval war. because of the reasons as of old, an armament.
How belligerents conduct a war between them- If it arms itself now, it arms because it intends
selves does not concern us sufficiently to in- to make war upon the naval forces of the
tervene by force to impose our methods of war enemy. be the motive with which a
If that
or views of international law on other nations. merchantman is armed, then it must accept
A submarine is a recognized instrument of the fortunes of war. If it be attacked by any
war. Differences exist on how it shall be used. kind of craft belonging to the belligerent
Prudence requires our citizens not to expose power, it must take whatever destructive ef-
and demand we go to war to restrict
their lives fort is made
against it.
the use ofsubmarines as we think proper. I am
not endeavoring to justify, and do not,
Mr. HUSTING. Just one more question. the use of a submarine against an unarmed,
The PRESIIDING OFFICER. Does the unresisting merchant ship. I am insisting no
Senator from Illinois further yield to the Sen- prudent American will hazard his life and en-
ator from Wisconsin? tangle his Government in war on such a ship.
Mr. SHERMAN. Yes, sir. Mr. HUSTING. Mr. President
Mr. HUSTING. Would the Senator say The PRESIDING OFFICER. Does the
that a merchantman that might be exposed to Senator from Illinois further yield to the Sen-
these attacks should not be in a position, if it
ator from Wisconsin?
were unlawfully attacked, to defend itself?
Mr. SHERMAN. Not necessarily. It may
Mr. SHERMAN. Yes, sir; I do.

if it wishes to assume the relations of an aux-

Mr. HUSTING. the merchant ship had
no defensive armament of guns, and it were
iliarynaval vessel to the belligerent power to
which it is accredited. It arms itself at the unlawfully attacked by a submarine, what
risk of having changed its character from a
would the Senator suggest that it might do to
defend itself?
peaceful merchantman to a part of its nation's
naval power. Mr. SHERMAN. It can do like any other
of the private craft that belong to the bellig-
Mr. HUSTING. I understood that the Sen- —
erent power escape if it can or submit to
ator's argument a little while ago was that in
ture or destruction.
the olden time the merchantman was privi-
arm and maintain Mr. HUSTING. Supposing the case that
leged to itself still its status
as a merchantman. the vessel had not been asked to stop; that it
Mr. SHERMAN. Yes, sir; that is correct. had been attacked by a submarine without
Because the pirate does not exist except in lit- warning and a torpedo fired at it?
erature and polite fiction, and because the con- Mr. SHERMAN. If it be an unarmed mer-
ditions have changed so that no armament is chantman, if it be torpedoed without warning
necessary, there is now no reason why the by a submarine it is a lawless procedure.
armament should continue as a defensive Mr. HUSTING. Yes; but the ship goes
measure to a peaceful merchant ship. If it be down without being able to defend itself.
there at all, it must be not only for the purpose Mr. SHERMAN. Certainly. That is one

of the misfortunes of war and of the use of this a ship is not of itself sufficient to give that ship
instrument for the purpose of waging war. the character of an auxiliary cruiser? Is it not
Let me go further. There exists yet it — rather a question of the intent with which
never has been questioned, and the reason these guns are to be used, or the orders given
still exists for employing the rule —
the right to the captain of the boat as to what he shall
of visit and search to ascertain the character of do with those guns?
the vessel, whether it be armed or unarmed, Mr. SRERMAN.Not necessarily. It is all
whether it be warlike or neutral, whether it a matter of evidence; and that, as I will ex-
carry contraband or noncontraband as its car- plain later on, is one of the reasons why some
go. If a submarine torpedo it without notice proper action ought to be taken by this body.
and without searching to find the character of Mr. RUSTING. Does 'not the Senator dif-
the vessel by visiting and ascertaining its char- ferentiate between a merchantman that is
acter, the submarine should be mistaken,
if armed with guns, carrying a captain and crew
and itan unarmed merchantman carrying
is who are ordered to shoot on sight, and one
nothing that could be in the nature of arma- that carries guns merely for the purpose of
ment that could destroy a submarine, the sub- defending itself from an unjust and unlawful
marine has acted lawlessly. It proceeds in attack?
every instance at its peril. Mr. SRERMAN. There is no diflFerence be-
Mr. RUSTING. Yes; but how about the tween a revolver for defensive purposes and
men one for offensive purposes. It is the same cali-
The PRESIDING OFFICER. The Chair ber, handled in the same way, and produces the
regrets to inform the Senator from Wisconsin same results.
that for the preservation of the rules, it is Mr. RUSTING. Mr. President
wiser to address the Chair, so that the Chair The PRESIDING OFFICER. Does the
may protect the Senator's interruption. Senator from Illinois further yield to the Sen-
Mr. RUSTING. I thank the Chair. Mr. ator from Wisconsin?
President Mr. SHERMAN. Yes, sir.
The PRESIDING OFFICER. Does the Mr. RUSTING. Taking the Senator's il-
Senator from Illinois yield to the Senator from lustration of a man with a gun, does the Sena-
Wisconsin? tor see no difference between the rights of a
Mr. SRERMAN. Yes, sir; certainly. man carrying a gun on the street for defensive
Mr. RUSTING. But how about the men
purposes and a man carrying a gun who goes
aboard the ship, who have nothing with which out and threatens that he will shoot his enemy
to defend themselves from an unlawful attack? on sight?
Mr. SRERMAN. That is a matter to be Mr. SHERMAN. There is no difference in
settled between the two nations concerned. his motive. In the one instance he has a spe-
Mr. RUSTING. Mr. President, does not cific assailant in mind, and in the other he is
the Senator think, therefore, that a merchant- under general orders. in
sailing [Laughter
man that might encounter an unlawful attack the galleries.]
by submarines is justified in having on board The PRESIDING OFFICER. The Chair
defensive guns, to be used only in the event must remind the occupants of the galleries that
that it is unjustly and unlawfully attacked? one of the rules of the Senate is that they shall
Mr. SHERMAN. No I do not. If it be an
; not manifest approval or dissent. The Chair
unarmed merchant ship, it is an unjustified at- begs the occupants of the galleries to adhere
tack. The submarine attacks at its peril if it to this rule, in order that he may not be called
destroys without visitation and search in order upon to empty the galleries.
to ascertain what the true condition is. It Mr. RUSTING. Mr. President, can not the
arms itself not to destroy pirates, but a regu- Senator conceive of a man carrying a gun for
lar vessel of an enemy navy. Row can it do so
defensive purposes, without any orders at all?
and preserve its peaceable character so as to
Mr. SRERMAN. It is not permitted by
justify our permitting our citizens on board? the laws of most States. There may be cer-
Mr. RUSTING. Mr. President, just one tain places on the fringes of civilization where
more question. a gun is part of the ordinary pocket hardware
The PRESIDING OFFICER. Does the of a gentleman.
Senator from Illinois further yield to the Sen- Mr. RUSTING. That is in the case of con-
ator from Wisconsin? cealed weapons.
Mr. SRERMAN. Yes, sir. Mr. SHERMAN. But in all the jurisdic-
Mr. RUSTING. Does notSenator
the tions of which I have any detailed knowledge
think that the mere presence of guns on board it is unlawful to carry a revolver, unless it be

exposed, for any purpose, whether defensive men, the basest passions let loose, and destruc-
or offensive. tion rampant on every hand?
Mr. HUSTING. I am referring- not to con- Is that a fit time for me to claim my lawful
cealed weapons, but to weapons carried on the ^

right as a pedestrian to go down the highway

person. and call upon the authorities to protect me?
Mr. SHERMAN. make any dif-
It does not
ference, if we extend
and apply it to an
it Have I not a right to call upon the police
armed merchant vessel, whether the purpose is department to safeguard passage? Have
to use it against a submarine or to use it gen- I not a right that the National Guard of the
State shall protect me in the exercise of my
erally against any enemy that may appear.
desire to travel? Have I not a right to call
The very question by the Senator
from Wisconsin is evidence of the fact that upon the troops of the Government to safe-
there is substantial ground for controversy on guard and enforce my
right to travel upon the
public highway?
the right of a merchant ship to be armed and
to what extent it may be armed. The ques- Certainly I have, but in every time of public
disorder that I know of the innocent bystand-
tion, therefore, that presents itself to Congress,
and on which the President, as I think very ers, the pedestrians who have the recklessness
to insist upon their right of public travel on a
properly, asked for an expression of opinion,
was whether, in the exercise of common pru- public highway at that time, are invariably told
dence, we would safeguard our citizens by for-
by a policeman to leave the scene of disorder,
disperse peacefully to their homes, and remain
bidding them to take passage in such a boat. there until order is again restored.
The right of an American citizen to travel Mr. VARDAMAN. Mr. President
under ordinary conditions is unquestioned. He
is a neutral and can take passage in a mer-
Senator from Illinois yield to the Senator from
chantman. I am not attempting to limit the
right of an American citizen under proper con-
ditions. There is a difference between having
Mr. SHERMAN. Yes, sir.
a naked technical right to travel under danger- Mr. VARDAMAN. Does the Senator from
ous conditions and the wisdom or folly of ex- Illinois think the fact that the use of ships
ercising that right, and that is what this ques-
owned by the belligerent nation by American
tion is. citizens traveling to Europe in any way adds
Let me suggest that during a time of riot or to the commerce or the business of the concern
to which he has just referred? In other words,
great public disorder I have a right to travel
on the common highway. It is a place fit for does not the Senator think that one of the rea-
all to travel. It is a public way. I have had sons why the large business interests of the
the misfortune to be through three riots in my East to which he referred a moment ago are
brief experience. I know the difference be- protesting against the proposition made in the
tween the exercise of my right in a time of original Gore resolution, is because it will in-
terfere very largely with their commerce?
great public disorder and the exercise of it in
a time of peace. Mr. SHERMAN. I think so.
I have the right, when a line of railway in a Mr. VARDAMAN. not only to save
It is
populous city is crowded with rioters, when an human really think myself that that is
life. I
immense multitude of agitated people imagine of secondary importance, but the presence of
through a mistaken notion that settlement can Americans on the ship gives governmental
be had by disturbing the normal operation of protection to the ship, and in that way facili-
a transportation line. I am somewhat familiar tates the commerce between the manufactu-
with the conditions that prevail and the im- rers and the allies.
mense burden placed upon the police, upon the Mr. SHERMAN. I have no doubt what-
National Guard, and, in some instances, upon ever but that that the underlying motive of
the Regular Army of the United States. Even much of this sentiment in the localities I men-
in time of disorder I have a naked technical tioned a while ago. I do not think their mo-
right to go down the public streets. It is a tives will bear vigilant scrutiny. I think if a
highway. My right to travel that highway is resolution receives the discussion to which it
not denied. is entitled in the Senate, instead of being made
Shall I wrap about me the cloak of an Amer- the subject of a motion to table or a previous
ican citizen and, in the full panoply of my civic question, those underlying motives will be
pride, go upon a public highway when the air thoroughly brought out into broad daylight.
is full of bricks and bullets and the curbstone The Senator from Mississippi has undoubted-
of the highway flooded with infuriated, rioting ly uncovered most accurately a powerful rea-

son why so much of the press and certain peo- sponsible only to my own conscience. No
ple oppose restraints on such travel. party organization ought rule on this. It
I have very reluctantly said what I have is beyond partisan limitations. No party cau-
said, Mr. President, because in reality if I have cus that has ever been called will be able to
sympathies they are with the republican forms direct a vote on a subject of this kind. It is a
of government. England is practically a re- question of our country, not of our party. It
is a question of our President and not of our
public, except that it has a hereditary execu-
tive, and France is a republic and if I have
any sympathies, because of being a citizen of It is a question of our preservation of lives
a republican form of government, those sym- and not the counting of blood-bought gold that
pathies are with the allies. we may have a little more in the balance of
My private sympathies, however, have noth- trade when the war shall be closed.
ing to do with the wisdom or folly of our It is the protection of our own people by
course to be pursued here on this or some sim- preventing them from being made a shield to
ilar resolution. I am not saying that I am for protect the traffic in war munitions. If it be
this specific resolution, but I am for some kind not done, one American passenger on a steam-
of proper resolution that will limit the travel ship loaded with many thousand tons of war
by foolhardy American citizens in danger supplies, like the Adriatic, may secure it from
zones abroad. attack by a submarine. It is in effect insuring
The few hundred who are bound to travel such a ship and cargo from the perils of war,
abroad have rights that ought to be subordi- if the views of the allies are sound. As a neu-
nated to the rights of a hundred million people tral power we then cease to be neutral and
to remain at peace. I do not myself want to cast our influence into the hazards of war for
go to war or to have my neighbors in war sim- the allies. The central powers may not at-
ply to safeguard the naked, technical right of tack such an armed vessel merely because an
somebody who wants to travel to Europe out American on board is put in peril.
of curiosity or to make some expected profit Mr.GALLINGER. Mr. President
on a business enterprise. The PRESIDING OFFICER. Does the
Mr. CLAPP. Mr. President Senator from Illinois yield to the Senator from
The PRESIDING OFFICER. Does the New Hampshire?
Senator from Illinois yield to the Senator from Mr. SHERMAN. Yes, sir.
Minnesota? Mr. GALLINGER. Some of us have been
Mr. SHERMAN. I do. very severely criticized in the press, and per-
Mr. CLAPP. I take it, from the remarks haps in other directions, because we had said
of the Senator, that he was probably in hearty that we would vote for a resolution asking that
accord with the action of the State Depart- our people should be notified of the dangers
ment on October 4, 1915, when, in a circular that would beset them if they took passage on
issued in connection with the matter of pass- neutral ships that were armed. I have here a
ports, this language was used: couple of brief extracts from one of the lead-
The department does not deem it appropriate or ing papers of the neighboring city of Phila-
advisable to issue passports to persons who con- which the editor says, with unction
delphia, in :

template visiting belligerent countries merely for What a mess a mixture of poltroons, of sympa-
pleasure, recreation, touring, or sight-seeing. thizers with frightfulness, of men afraid of their own
Mr. SHERMAN. That is a very safe limi- shadows, of those who care nothing for national
honor, would make of it, to be sure, if they could
tation, I will say to the Senator. ride roughshod over the genuine American senti-
Mr. CLAPP. The Senator was in hearty ac- ment that, fortunately, still exists in Congress.
cord with that, I take it? Their first action would be to replace the cry of
"America first" with "Germany over all."
Mr. SHERMAN. I am in accord not only Their second should be to haul down the Stars
with that, but I would go further. I do not and Stripes and hoist the flag of Germany over
think the business interests of this country the Capitol.
ought to take precedence over human life. Then, again, under the head of "The most
The mere matter of a margin of gain for a important question of all," the editor says :

brief season, if it be a year or five years, ought

The most important question affecting the United
not to be placed in the balance and weighed States to-day is this: Do the American people own
for an instant against thousands and hundreds the Congress of the Nation, or does Ambassador
of thousands of our men who might go down von Bernstorff?
to a violent death. Mr. President, what arrant nonsense that is.
I am deadly earnest about this.
in Politics I notice the Senator from Illinois made a plea
disappear; party lines are obliterated. I am re- for neutrality, and he suggested, what is true.

that the American people are not neutral in it means — is doing more harm than anything
their feeling on this great issue. I want to that can possibly come from an open and free
call the attention of the Senator from Illinois discussion of this question in the Senate of the
to the fact, the attention of the Senate to the United States.
fact, and the attention of the country to the Mr. VARDAMAN. If the Senator will par-
fact that the agitation that is going on outside don me, the service to humanity would involve
of Congress is much better calculated to get the sacrifice of our own people.
us into trouble than anything that has oc-
Mr. GALLINGER. I did not understand
curred in this Chamber. As an illustration, a
the Senator from Mississippi.
great meeting was held in Tremont Temple,
Mr. VARDAMAN. I said our service to
Boston, on the 29th day of February, and the
heading in the Boston Herald is "Two Thou- humanity, as they would have us serve hu-
sand five hundred cheer plea that United manity, involves the sacrifice of our own peo-
States join allies." It would be interesting if ple.
the Senator would read the report of that Mr. GALLINGER. Beyond a question;
meeting which concludes by a resolution, as and, Mr. President, in that connection, I wish
to which the audience, the paper says, cast re- simply to repeat what I believe I said this
serve aside and cheered it to the echo. That morning, that I feel very strongly that the
resolution reads: action which the State Department took in re-
We are convinced that our political ideals and fusing passports to American citizens who pro-
our national safety are bound up with the cause of pose to travel on belligerent ships under cer-
the allies, and that their defeat would mean moral tain conditions might well be widened so that
and material disaster to our country. the President, if you please, should issue a
Therefore this league is formed to use all lawful
means to put this Nation in a position of definite friendly warning to American men and wom-
sympathy with the allies and in an equally definite
en that they travel on those ships at their own
position of moral disapprobation of the purposes peril and that the Government of the United
and methods of the central Teutonic empires. States is not bound to become involved in war
Mr. President, what kind of neutrality is because of their folly and foolhardiness. Swe-
that? den has done this. The President of the United
Again, Mr. President, there is an organiza- States did it in the case of Mexico. Why
tion in the city of New York called the Amer- should it not be done in the present situation,
ican Rights Committee. The executive com- which is so full of peril to the best interests of
our people? It will remove the possibility of
mittee is composed of 10 distinguished
one of whom Mr. Frederic R. Coudert, a
war, which we all ought to desire, and I can
man well known to the country. They have not see why anybody should oppose the prop-
issued a declaration of principles, in which
they say :
Mr. VARDAMAN. If the Senator will par-
We condemn the aims of the Teutonic powers, and don me, I suggest that Great Britain did that
we denounce as barbarous their methods of warfare. in the war between Japan and Russia. She no-
We believe that the entente allies are engaged in tified her own citizens to that eflFect.
a struggle to prevent the domination of the world
Mr. GALLINGER. That has been asserted
by armed force, and are striving to guarantee to
the smallest nation its rights to an independent and and it has also been denied. I do not know as
peaceful existence. to the definite facts surrounding it. It has
We believe that the progress of civilization and been stated in certain quarters, and I have
the free development of the principles of democratic
seen a draft of what is said to have been such
government depend upon the success of the entente

an order I have it on my desk but in con- —
We believe that our duty to humanity and respect sulting with certain other Senators, they have
for our national honor demand that our Government said to me they had reason to believe that that
take appropriate action to place the Nation on rec-
ord as deeply in sympathy with the efforts of the
was a fictitious order and was not counte-
entente allies to remove the menace of Prussian nanced by the Government of Great Britain.
militarism. Mr. VARDAMAN. Of course whether
Again I ask, Mr. President, what kind of Great Britain did it or not does not affect the
neutrality is that? wisdom of such action on the part of the
Mr. President, I conclude, as I commenced, United States, but I have been advised that it
by saying that it seems to me that the agita- was done. I rather commended the wisdom
tion outside, where men gather 2,500 strong in and prudence of the English Government for
Tremont Temple openly declaring that we doing it.
ought to definitely join the allies in their strug- Mr. GALLINGER. If it was done, it was

gle to destroy Germany because that is what a wise precaution, and certainly we can well

adopt whether we have any precedent for it
it those of us who took that position were trai-
or not beyond what I have suggested. tors. He came across the
border to say that.
Mr. SHERMAN. Mr. President, the senior Mr. SHERMAN. Well, we were traitors
Senator from New Hampshire [Mr. Gallin- in 1812. when our Capitol was burned, when
ger] has, I think, most opportunely alluded millions of men did not spring into being,
to these editorials and news items. armed, panoplied, and drilled for defensive war
Mr. GALLINGER. And to public meet- between sunset and sunrise. We
were traitors
ings. then we were traitors in the War of the Rev-

Mr. SHERMAN. Yes ;

and to public meet- olution and I am perfectly willing to be a trai-

ings. And it becomes a n.aterial part of the tor again, not to get into war but to keep out
examination of this question. Of course all of it. I will take my chances with the bellig-
the clippings I get which favor the instant erent editors and with their belligerent allies,
burial of such a resolution as that of the Sen- both of whom seem to desire our immediate
ator from Oklahoma before the amendment entry into war against Germany.
was oflFered are in what I would call, if I were Not many months ago we left the Senate
referring to a quarantine, "the infected area." Chamber and went over into the Hall of the
It is the territory in which more millionaires House of Representatives and heard a message
have been created in the last 14 months than which concerned Mexico. It said, in substance,
have been created in the last 14 years by peace- to the nearly 60,000 Americans, or such of
ful industrialism. I think I shall offer a reso- them as remained in that country at that time,
lution, although it might be regarded as a bit to drop their possessions, take their families
of humor, that in the event of war we ought and flee for their lives.
to conscript all of the belligerent editors east Under what conditions did these American
of Pittsburgh. [Laughter in the galleries.] citizens go to Mexico? They went there in a
The PRESIDING OFFICER. The Chair time of settled peace, during the 28 years of
is again compelled to admonish occupants of the Diaz regime. They had settled there with
the galleries that by the rules of the Senate it their families and engaged in mercantile enter-
is not permissible for them to prises, in stock raising, in fruit raising, in min-
give evidence of
their approval of or dissent from expressions ing and prospecting, and in a hundred legiti-
on the floor of the Senate. The Chair requests mate enterprises in that neighboring Repub-
the galleries to obey the rule. lic. They were found there from every State
Mr. SHERMAN. Mr. President, if there is in the Union. Aliens from all over Europe
anybody under heaven who can have an irre- were there. They went there in the pursuit
sponsible brain storm under his cap and think of their legitimate occupations, and were guar-
the whole world has gone red, it is some car- anteed the rights of aliens in that country.
nivorous, bloody-minded editor, who wishes So long as Diaz held the seat of power peace
to keep up the traffic in war supplies in order prevailed. The Government was a military
that the profits may still go on. autocracy. There is no person who ever trav-
Editors are an exceedingly useful part of eled or lived in Mexico who does not know that
the population, but the Senator from New it was a Republic
only in name that the stand-

Hampshire is precisely accurate when he says ing army was at last the authority which pre-
that such editorials, such
inflammatory ap- served peace, made the laws, and executed
peals, such criticism of all who happen to dif- them. Under those conditions of peace, under
fer from the imperial those undoubted guaranties American citizens
majesty that sits en-
throned under such editorial hats and who went to Mexico.
thereby incur the penalty of being branded When the message alluded to was read, it
with the opprobrious epithets referred to and advised Americans to leave all they had in that
read by the Senator from New distracted country and return to a safer juris-
Hampshire do
more harm than any possibe discussion in this diction.
Chamber could do. Mr. GALLINGER. Mr. President
Mr. GALLINGER. Mr. President, I will The PRESIDING OFFICER. Does the
say to the Senator, if he will permit me Senator from Illinois yield again to the Sena-
The PRESIDING OFFICER. Does the tor from New Hampshire?
Senator from Illinois yield further to the Sen- Mr. SHERMAN. Yes, sir.
ator from New Hampshire? Mr. GALLINGER. And Congress made an
Mr. SHERMAN. Yes, sir. Mex-
appropriation to help them to get out of
Mr. GALLINGER. That in that great mass ico.
meeting in Tremont Temple a gentleman from Mr. SHERMAN. I am glad the Senator
the city of Toronto, Canada, declared that added that. Yes; we made an appropriation

in order to facilitate their exit from that sore- zens from going into the danger zones of
ly beset country. I do not care, however, Mr. Europe, I ask why did we exercise that guar-
President, to go further into details as to that ; dian care over the people who were warned to
that is a story for another day. Suffice it here leave Mexico?
to say that the proclamation was sent to our We warned American citizens, by Execu-
absent countrymen to flee from the civil dis- tive message, to leave that country, where
cord there, and they did so. they had settled during 28 years of peace.
In my own State, Mr. President, some of my They had gone there under the guaranty of a
neighbors returned after a residence in Mex- stable form of government. They had some
ico of more than 25 years. Some brought their excuse for going but the person now who sails

families and others left their brothers and sons, on an ocean liner knows not where his desti-
whose bones are bleaching on the hillsides and —
nation may be he does not know whether he
in the mountain passes of old Mexico to-day. will land in a hotel or a grave at sea.
I asked the poor boon of trying to get the body When he takes passage on an armed bellig-
of a murdered American, the brother of one erent boat he certainly assumes the risk, and
of my neighbors, to bring him back and give ought not to ask this country to go to war to
him burial in the land of his birth, but was de- vindicate his mere naked right to travel abroad
nied even that poor privilege by the self-styled for business or for pleasure on a vessel whose
government of Mexico which then claimed to status no authority can determine under the
have authority in that area. changed conditions of warfare. modem
Now, when we come to the storm-ridden, If the merchantman be armed for defense,
battle-riven territorial waters of the world — will she not use her arms against a submarine?
and nobody can say what their extent is, and When she does so, is it not a naval vessel? The
nobody can tell what international law is as fact of the ship carrying an armament is no-

applied to them to-day when we come to the tice to an American passenger he may find
rights of citizens abroad, we are told by war- himself encircled with the hazards of conflict.
like editors, by gentlemen who gather in Tre- Why should he be there? It is conceded a
mont Temple, under the shadow of old Faneuil submarine may sink a ship attempting to de-
Hall, who have or ought to have as much in- stroy It, instead of waiting to be sunk itself.
terest in preserving neutrality as we, that they If an armed merchantman is exempt from at-
favor engaging in war
in union with the allies, tack when an American is on board, ARE WE
although we ourselves a neutral people.
Why, Mr. President, if during the time of WAR MUNITIONS WITH THE BLOOD
the Fenian uprising such a meeting of dissat- OF OUR NEUTRAL CITIZENS.
isfied sons of Old Erin had been held across Mr. BROUSSARD. The resolution of the
the border, the British Hon would have emitted Senator from Oklahoma was presented, grow-
a roar that would have burst the eardrums of ing out of a crisis with one of the belligerent
all who happened to be within range. powers in Europe, out of which great difficul-
The men who see fit to travel abroad for ties were presented both to the Executive and
business or pleasure are by such resolutions to the Secretary of State. The resolution was
to be placed under some restraint. I do not accepted at once, not only in this country but
know what the opinions of the Chief Execu- abroad, by both sides to this European contro-
tive may be, and that is not material, for they versy as an attack upon the methods being
would not change the convictions of any of us pursued by the Executive in trying to peace-
one way or the other; but I wish to inquire if fully solve our difficulties with one of these
some of the friends of the belligerent editors warring parties and as the attitude expressed

who go abroad in the most expensive state- by the Gore resolution became known the
rooms of an ocean liner, accompanied by a ret- power of the Government to carry through by
inue of servants and convoyed by a quartet of peaceable methods negotiations to compose
bull pups [laughter], are to be held sacred in our differences apparently became paralyzed
traveling in war zones, covered by decrees and the President's arm became weakened, in
from Berlin and by orders in council of Great my judgment, as a result. Thus it devolved
Britain, while the poor, abandoned soul whose upon every patriotic citizen to stand by the
family was outraged, whose home was burned, President and to strengthen his hand.
whose property was destroyed, and who him- Every man knows that I have not been al-
self was slaughtered in Mexico by a lawless ways with the President. I have differed with
banditti, without protest by our Government, him on many questions which he thought were
is to be forgotten? of vital interest to this country, and in the
If it be improper to warn or restrain our citi- other branch of Congress I have not hesitated

to make known the differences between the men of belligerent nations. My views on this
President and myself. Every one knows that subject are well known, and have been fully
there are disagreements between us now as to expressed. I have said, and I repeat, that I
questions of policy. Every one knows that favored such official warning, principally for
there are probabilities of continued disagree- the protection of the thoughtless and
ment between us. But where the integrity weakminded, who might not appreciate the
and the honor of the American Republic is in- danger, and to the end that a hundred millions
volved there can be no cause of disagreement of peaceful and peace-loving people might not
between two patriotic men desiring to save the be plunged into war as the price of the stupen-
country from a conflict and to avoid our en- dous folly of a handful of travelers, I had no
gaging in the brutal war that is demoralizing thought for the personal safety of intelligent
and destroying the civilization of Europe. men who, out of a spirit of bravado or fool-
So I have felt, and I feel deeply, the question hardiness, or to promote their own selfish in-
of passing some law or affording some oppor- terests,would risk their lives on such vessels;
tunity to prevent men of reckless character, for in my judgment such a man, with such a
men of a foolhardy nature, placing themselves treasonable bent of mind as to be indifferent
in an attitude that might result in engaging to the danger of involving his country in war,
this Nation in war, despite our efforts and our and wrecking the happiness of hundreds of
desires and our prayers not to engage in it. thousands of American homes, has a life so
If the opportunity should present itself where- valueless to his country as to be scarcely worth
by by congressional action men may be pre- the saving.
vented from exercising that sort of privilege But, sir, the conditions confronting us are
the result of which may engage our people in not only not normal, but such as have never
a war out of which we are striving to keep, I existed before in the history of the world.
would unhesitatingly vote for that proposi- Twelve nations, whose inhabitants make up
tion. But so long as the present critical con- nearly two-thirds of the population of the
dition continues, so long as the President ex- earth, are engaged in a titanic struggle com-
erts himself and the State Department uses pared with which all former wars seem but as
its ability and energy in their efforts to have the play of children.
us escape that disaster, that long do I stand The boundaries of the war zone have been
with the President, and that long do I want so extended as to encompass the globe.
to cast my vote in this body to permit him to Europe, Asia, Africa, America, and even Aus-
carry out the powers which the Constitution tralasia are involved. Every citizen of a neu-
vests in him alone, unhampered by extraneous tral nation who goes out upon the sea —the
interference. —
great highway of the world does so at the
Mr. KERN.* Mr. President, under the rules risk of his life. Our commerce is censored and
of general parliamentary law a motion to lay regulated by one of the contending nations,
on the table cuts off debate. It will be ob- and our mails rifled by that nation at will. The
served that under the antiquated rules of this right to seize and search our ships is asserted,
venerable body the practical function of a mo- and with rare audacity a limit is placed upon
tion to lay on the table is to encourage, pro- our exports to other neutral countries. Inter-
mote, and stimulate debate, limited only by national laws, venerable by reason of centuries
the lung power and the physical endurance of of observance, are repudiated and set aside,
the participants while the solemn obligations of treaties are
Those who were so fortunate as to hear the contemptuously ignored.
very able, exhaustive, and eloquent speeches The ark of the covenant containing the rem-
on the merits of the Gore resolution after it nants of that great body of the law of nations
had been laid upon the table will marvel some- once the pride of all civilized governments is
what at the complaints of those gentlemen in the keeping of this Republic, and it is for
that they were denied the privilege of free and our Government to defend it as the last hope
fair discussion. of civilization. Whenever this Nation ceases
If no important diplomatic to observe, respect, and defend this great body
negotiations had
been pending, if no international complica- of laws, then, indeed, will follow international
tions had existed, under conditions normal, or anarchy and chaos.
nearly so, I would have voted without hesita- The dread spirit of war has well-nigh en-
tion for a resolution requesting the President veloped the earth. Its shadow already begins
to warn American travelers against the dan- to darken this fair land and threaten the hap-
gers incident to travel upon armed merchant- piness and prosperity of this people. It is to
*Mr. Kern is Democratic floor leader in the Senate. stay its course that the President of the United

States has for many anxious months given his tention of the Senator and of the Senate to the

energies and intellect the best that is in him. fact that, as appropriate as they would have
It is to that end that he is now employing all been, possibly, as explaining his vote upon the

the means at his command those placed in resolution which the President of the United
his hands by the Constitution of his country. States asked us to discuss freely, they may not
To him alone has the power been committed be so appropriate —
unless the Senator can
by that instrument to work out our salvation change his mind as a chameleon changes its
through the channels of diplomacy. —
colors to the resolution which was laid on
It was under these conditions, as he grap- the table. The difficulty is that the resolution
pled with this mighty task, that he appealed which was offered here on the 25th day of
to the Congress of the Nation, not for sympa- February was opposite, in its intention and in

thy or support for he must have known that its every word, to the resolution upon which

these he had in unlimited degree but only the Senate acted.
that obstacles which had been unwittingly I want to ask the Senator if he understood
placed in his way might be removed that he what he was voting for?
might not be hampered in his efforts to pre- Mr. President, the Gore resolution was in-
serve the peace of the Nation and at the same troduced on the 25th day of February. From
time to maintain the Nation's honor. day to day we sat in continuous legislative ses-
He told us that in the capitals of the coun- sion to prevent debate upon the Gore resolu-
tries with the Governments of which he is con- tion. Not until yesterday afternoon did the
ducting negotiations the statements are cir- Senate adjourn so that, under its rules, the
culated and believed that the representatives Gore resolution might be taken up for debate.
of the American people are not in sympathy On yesterday afternoon we were informed, in
with his efforts that he had failed in securing
; a carefully prepared speech by the chairman
the support of his country; and that the pen- of the Foreign Relations Committee, that the
dency and support of resolutions such as that President had demanded discussion and action
just disposed of furnished abundant evidence upon the Gore resolution. He expressed his
that ours was a divided Nation. Hence, his desire that we should no longer continue the
appeal to Congress for action that would con- legislative day, but should adjourn, so that
vince the world that he had the sympathy and action might be had upon this resolution at
support of the Congress and that the Amer- once; that it might be discussed, that it might
ican Nation was not divided. go out to the country, that the people might

When such an appeal was made my mind not be left entirely to the newspapers for in-
was quickly made up that whatever my opin- formation, but might through the informing
ion might be as to the duty of American citi- function of the coordinate branch of the Gov-
zens to keep off armed ships of belligerent na- ernment understand what Senators were called
tions it should never be said of me that in the upon to vote for and what the President of the
hour of my country's peril, whether that peril United States was and had been doing.
was imminent or threatened, I faltered for an Every effort was made to prevent discus-
instant in my allegiance to a President who sion. At the last moment, upon the demand
in the exercise of his constitutional powers was of the President that the Gore resolution
thus seeking to preserve our peaceful rela- should be discussed, action such as I have de-
tions with the distracted and maddened na- scribedwas taken.
tions engaged in a world war and at the same The Gore resolution is as follows:
time to maintain the honor and dignity of this
Resolved, That it is the senseof the Congress,
Republic ; and so I cast myvote to remove the vested as it is with the sole power to declare war,
obstacle that blocked his pathway to the end that all persons owing allegiance to the United States
that he might pursue his course therein un- should in behalf of their own safety and the vital
interest of the United States forbear to exercise the
hampered and unembarrassed in the great work right to travel as passengers upon any armed vessel
before him. of any belligerent power, whether such vessel be
Mr. FALL. Mr. President, the magnificent armed for offensive or defensive purposes; and it
is the further sense of the Congress that no pass-
words and expressions of the Senator who so
port should be issued or renewed by the Secretary
well leads the other side of the Chamber will, of State, or by anyone acting under him, to be used
of course, go out to the country, and to the un- by any person owing allegiance to the United States
for purpose of travel upon any such armed vessel of
thinking possibly will offer reasons for the
a belligerent power.
votes cast here to table the resolution to-day.
Evidently these expressions have been most Now, sir, we were informed through our
carefully prepared, as they have been most only source of information —
the press of the
eloquently uttered; but I wish to call the at- —
United States that for weeks, if not for

months, the President of the United States done when the galleries are cleared and the
has been insisting- that he will hold Germany doors closed and we go into secret session, un-
to a strict accountability in the event of the less it is upon some most important matter
loss of the life of an American citizen sailing then pending, and never are they entitled to
upon an armed belligerent ship, and that he be cut off from information as to any matter
considered the Gore resolution not in accord- whatsoever having a present status or any
ance with his contentions, and therefore that proposition of importance of this kind sub-
it was an interference with his power, and that mitted for their consideration. So long as I
he demanded the action and the sentiment of remain here, sir, my vote in season and out
Congress upon it. He wanted to know whether will be for the people of the United States
the Congress of the United States was with to be informed and not be compelled to obtain
him, or whether the Congress of the United their information purely from the newspapers,
States stood behind the Gore resolution. great sources of information as they are.
Ah, sir, the chairman of the Foreign Rela- Mr. President, right here I wish leave to
tions Committee informed us that it was his quote from an authority I think calculated to
purpose to seek the sacred precincts of the sustain the propositions which I have ad-
committee room, and there assiduously to la- vanced :

bor in the effort to bring forward a resolution [From International Review, August, 1879, vol. 7,
which would reconcile the Congress of the Uni- p. 147.]
ted States and the President that he himself
At its highest development, representative gov-
was not in accord with the sentiments of the ernment is that form which best enables a free peo-

President of the United States he apparently ple to govern themselves. The main object of a
representative assembly, therefore, should be the
was more nearly in accord with the sentiments discussion of public business. They should legislate

expressed in the Gore resolution but that it as if in the presence of the whole country, because
should be his aim to attempt to present to the they come under the closest scrutiny and fullest
criticism of all the representatives of the country,
Senate a joint resolution which would meet
speaking in open and free debate. Only in such an
the desires of all, which would reunite the ex- assembly, only in such an atmosphere of publicity,
ecutive and the legislative branches of this only by means of such a vast investigating machine
can the different sections of a great country learn
Government, and would show to the world each other's feelings and interests. It is not enough
that the United States presented a united that the general course of legislation is known to
front to a common foe. all. Unless during its progress it is subjected to
What did he do? He walked in this morn- a thorough, even a tediously prolonged process of
public sifting, to the free comment of friend and
ing with a motion not to discuss but to shut foe alike, to the ordeal of battle among those upon
off debate, to table the Gore resolution; and whose vote its fate depends, an act of open legisla-
at the last moment the resolution was tion may have its real intent and scope completely
amended by changing it entirely. It was not concealed by its friends and undiscovered by its
the resolution upon which the President de- enemies, and it may be as fatally mischievous as
the darkest measures of an oligarchy or a despot.
manded discussion and action, but was an en- Nothing can be more obvious than the fact that the
tirely different resolution, announcing an en- very life of free, popular institutions is dependent
tirely contrary doctrine : upon their breathing the bracing air of thorough,
exhaustive, and open discussions, or that select con-
Resolved, That the sinking by a German subma- gressional committees, whose proceedings must from
rine, without notice or warning, of an armed mer- their very nature be secret, are, as means of legisla-
chant vessel of a public enemy resulting in the death tion, dangerous and unwholsome. Parliaments are
of a citizen of the United States would constitute forces for freedom for "talk is persuasion, persua-

a just and sufficient cause of war between the Uni- sion is force, the one force which can sway freemen
ted States and the German Empire. to deeds such as those which have made England

what she is" or our English stock what it is.
We are legislating for a democracy, sir. This
is not an autocracy nor an empire. The people The author proceeds to say
—and listen.
of the United States commissioned us here to Senators :

attend to their business, and they are entitled Congress is a deliberative body, in which there
to know not only how we attend to it but the is real deliberation; a legislature which legis-
lates with no real discussion of its business. Our
motives which actuate us in casting our votes. Government is practically carried on by irrespon-
We are responsible to the people, or at least sible committees. Too few Americans take the
I am, and to no man who sits in the White trouble to inform themselves as to the methods of
House. congressional management; and as a consequence
not many have perceived that almost absolute power
I do not believe in secret
diplomacy. In a has fallen into the hands of men whose irresponsi-
democracy it is unfitting. The people are bility prevents the regulation of their conduct by
entitled to know what is going on. They are the people from whom they derive their authority.

entitled, as a matter of fact, to know what is Mr. President, an irresponsible committee —

I would not say an irresponsible committee tors are voting as they fear and not as they
had not the words been uttered for me goes — feel.
to the secrecy of its chamber and reports back Mr. JONES. Mr. President—
a resolution with a motion to table it, and the The VICE PRESIDENT. Does the Sena-
resolution is changed in its every word and tor from Nebraska yield to the Senator from
every line and every syllable and every phrase Washington ?
and every meaning, and the motion of the Mr. NORRIS. I yield to the Senator.
committee is adopted by an overwhelming Mr. JONES. The Senator means that they
vote, without discussion and few knowing the think they voted with the President of the
message which has been sent by this body to- United States.
day by the motion to table to the Kaiser of all Mr. NORRIS. Well, I will give them the
Prussia. benefit of the doubt. Mr. President, it will be
The author of this article, Mr, President, is a good defense among the constituents at
Woodrow Wilson, and it is taken from an arti- home to circulate a speech, in which the Sen-
cle in the International Review, volume 7, ator said he was in favor of giving notice to
page 147. I understand that this Woodrow American citizens that they ought not at this
Wilson is the same Woodrow Wilson who de- time to travel on armed merchantmen, and
manded open and free discussion and manly they can still retain their standing with the
action on the part of this honorable body. man at the head of the "pie counter" by vot-
Mr. THOMPSON. Mr. President, I fully ing the other way.
concur in the views of the law entertained by It seems to me, Mr. President, that the illus-
the President and by the Senators who have tration given by the able Senator from Illinois
expressed themselves upon it relative to the [Mr. Lewis], when he described conditions
freedom of the seas. That neutrals have the just prior to the Spanish-American War, ought
absolute right to travel upon merchant to be reversed, and would in fact be reversed
vessels of belligerents armed for defensive if the proper application were made. The Sena-
purposes and that it is a direct violation of in- tor said, in substance, that at that time Con-
ternational law for a belligerent to sink such gress was a turbulent body, demanding war,
vessels without sufficient warning to enable while President McKinley, standing out as
the passengers to save their lives. However, best he could to preserve peace, was by Con-
I believe that true, loyal American citizens, gress finally driven into war. The Senator ar-
with due regard for their own safety as well gued, therefore, that this Congress was going
as for the safety of their country, ought not to drive the President into war. If Congress
to travel on armed merchant vessels during passes a resolution asking American citizens
these perilous times. Indeed, they ought not to keep off armed merchant vessels, that is
to risk their own lives and endanger the coun- just exactly contrary to what the President
try by traveling at all if it is possible to avoid wants. He does not want any such resolution
it. But I do not believe that any warning Hence ON THIS OCCASION IT IS
from Congress, or from the President, or from CONGRESS THAT IS TRYING TO PRE-
any other source would aid in the least in pre- SERVE PEACE AND KEEP US OUT OF
Mr. NORRIS. Mr. President, if we have a SUCH WAR COMES FROM THE POLICY
few more confessions we shall find out really OF THE PRESIDENT, when he says he is
how Senators feel on this important question. opposed to giving any such warning, but is
[Laughter.] We can not get the correct idea going to defend every man who wants to rush
of it, evidently, from their votes. There is a out ruthlessly and endanger his own life in
majority one way, so far as the voting record such a ship, and thus bring the balance of the
is concerned but if you will count up the con-
; country into imminent danger of war.
fessions which have been made you will pretty What would the passage of this resolution
soon find out that the real majority is on the mean? Could it be construed as disrespectful
other side. Senators, one after another, get up to the President? I refer to the Gore resolu-
and say that they are in favor of warning tion in its original form, or what, to me, seems
American citizens to keep off the so-called de- the more appropriate resolution, the McCumb-
fensively armed merchant vessels, but they er resolution, the effect of which is to warn
vote with the President, who does not agree American citizens, to ask them, while this
with them in that idea, but who wants to pro- terrible war is on and this question is yet un-
tect everyone who desires to go on such a settledand undetermined, but is under nego-
ship; and he is opposed to giving any such tiation between the President and foreign
warning to the people. Evidently some Sena- —
nations while that condition is on to save

their country trouble and save the probability ternational Law Treatises, the British Consu-
•or the liability of war and to stay off such lar Hongkong Blue Book, the
Reports, the
ships. Can any man say that is any disre- Hongkong and Shanghai newspapers and the
spect to the President? If the President has a London Times. The statement was that it was
•different idea —
and I concede he has a right to issued by the consul at Shanghai. They could
it; I would not question his right to hold it
— find nothing about it.

can the President say to Congress, the only On receiving that I thought I would see if
branch of the Government that under the Con- I could find it directly, and I applied to the
stitution has the right to declare war, "You British Embassy here, and received from them
shall not express your opinion if. it conflicts this memorandum:
with mine"? In the case put by the Senator BRITISH EMBASSY, Washington.
from Illinois Congress was crowding the Some time last August a statement appeared in
President and the country into war. In this the Fatherland and other papers to the effect that
case it is the reverse. THE
PRESIDENT IS His Majesty's Government issued a notification at
LEADING TOWARD WAR AND CON- the beginning of the Russo-Japanese War that no
protection would be extended to British subjects
GRESS IS HOLDING BACK, TRYING TO who took passage on board vessels of either bellig-
OBJECT OF WARNING OUR PEOPLE TO The embassy inquired of the foreign office wheth-
KEEP OFF OF ARMED VESSELS IS TO er any such notification had been issued, and re-
MAINTAIN PEACE. I FEAR THE ceived the reply that the above statement was not
true. The foreign office added that they never heard
COURSE OF THE PRESIDENT WILL that any consular officer issued such a notice, but
LEAD OUR COUNTRY INTO WAR, AND that, if he did so, it was contrary to instructions
FOR THAT REASON I WANT CONGRESS sent to all such officers to abstain from giving ad-
TO WARN OUR PEOPLE TO KEEP OFF vice to merchants or other persons.
OF ARMED VESSELS AND THUS AVOID In short there never was any such order.
FRICTION. I give the document, which I ask to have
printed, from the Library of Congress and the
In the Senate, Saturday, March 4, 1Q16 statement of the British Embassy.
Mr. NEWLANDS. I will ask the Senator
{Legislative Day of Friday, March 3, IQ16)
from Massachusetts whether in his inquiry
Mr. LODGE. There has been a widely circu- his attention was called to a notice purporting
lated statement that Great Britain, during the to be signed by the British consul general at
Russo-Japanese War, issued a warning to her Shanghai?
citizens not to take passage on belligerent Mr. LODGE. That is the precise statement
merchantmen. The Legislative Reference made the Sun by Mr. Schlens.
in No such
Division of the Library of Congress examined statement ever was made.
this very thoroughly. They found that the Mr. NEWLANDS. Did that statement
only origin of the report was in a letter signed quote the notice itself?
by one C. L. Schlens, in the New York Sun, in Mr. LODGE. Mr. Schlens's note to the Sun,
which he stated. that such a warning had been on which the whole thing is based, purports
issued by the British Government. They en- to give an order from the consul general at
deavored to find Mr. Schlens, but his name did Shanghai. No such order was ever issued by
not appear in the New York directory and the British consul general at Shanghai. The
nothing could be learned. whole thing rests on that unauthorized state-
His letter to the Sun was reprinted in the ment of Mr. Schlens, whom nobody could find.
Gaelic- American and also in the Fatherland, but Mr. HITCHCOCK. The Senator from
the Fatherland admitted they had been entirely Massachusetts does not take the position that
unable to confirm the statement either by the no country has ever issued such an order?
State Department or from official foreign sources. Mr. LODGE. Mr. President, I thought I
It was repeated in the Outlook in an article
by made it clear that I was dealing with the re-
Prof. Stowell, February 23. The Legislative port that the British Government issued it in
Reference Division of the Library telegraphed to the Russo-Japanese War.
Prof. Stowell and asked him what his documen- Mr. HITCHCOCK. I understand; but I
tary authority was. He replied that he had wondered whether the Senator took the posi-
none; that he had simply taken it from the tion that no country had issued such an order.
newspapers. Mr. LODGE. I have not investigated any
The Reference Division also examined the other country, for I have not heard it alleged
London Gazette, the British Foreign and State of any other.
Papers, the British Parliamentary Papers, In- Mr. HITCHCOCK. The Senator is aware

that Sweden recently, in the present emergen- great, powerful nation. Suppose there were
cy, issued such an order. some basis in what I regard as mere hysteria,
Mr. LODGE. I saw that Sweden had done the cry of danger of invasion. We
find a bel-
so. ligerent vessel, with a defensive gun, carrying
Mr. HITCHCOCK. There is no question munitions to our foes. We
are maneuvering
about there being ample precedent for position to give it notice. In its attempt
Mr. LODGE. I do not know whether there to escape it is endeavoring to get us within
is ample precedent or not. I saw that Sweden range of its defensive gun. What would the
had done it. captain of that submarine do? If he should
Mr. McCUMBER. Mr. President, I confess take that chance and the defensive gun should
I have great difficulty in bringing my mind send his submarine and its crew down to
and reason to concur in the proposition that death, what would our verdict be? Would we
while an armed merchantman may, without say "That is all right"? No, Mr. President; the
warning, use its weapon to sink and destroy a order would be given by our admiralty to all
submarine, the submarine may not, without submarine commanders, "Your first duty is to
warning, use its only weapon, the torpedo, to protect yourselves." What we would com-
destroy the armed merchantman. I am not un- mand in our war we ought at least to consider
mindful of the argument advanced to meet a questionable privilege in the war now
this, that the one is a war vessel whose only pending.
function is destruction, and the other a peace- The question, at least, Mr. President, is of
ful vessel whose real function is noncombatant, such a nature and of such delicacy that it
except in a very limited defense equipment. seems to me that it is the moral duty of every
But so long as passenger ships are regarded in patriotic American to relieve his country from
international law as lawful prizes, and so long embarrassment by refraining to travel on such
as the submarine would endanger its own ex- armed vessels. He has no right by his reck-
istence by exposing itself to the sting end of lessness or audacity, to endanger the good re-
this peaceful ship, I submit that there is fair lations of this country with any nation now at
ground for some new rule as to the rights of war.
a merchant vessel to carry guns if she wishes If these propositions be true —
and I can not
to be immune from assault without warning, —
see how they can be denied if it is the duty of
and, I might add, as to the right of neutrals the true American, irrespective of legal right,
to insist upon protection if they travel on such to refrain from travel on such armed vessels,
armed merchant vessels. then it logically follows that Congress or the
Mr. President, our contention and insistence President may with entire propriety call his
upon any rule of conduct to be followed by attention to that duty and even enforce such
any belligerent ought to be founded upon jus- duty by prohibiting armed vessels to leave our
tice, not alone to ourselves, but to the nation ports with passengers.
against which it is urged. Our contention Mr. CLAPP. Mr. President, I am inclined
should be unquestionably right, absolutely to think that a misapprehension prevails in
fair, and everlastingly consistent. some sections as to the scope of the original
I confess I can not see
anything fair in the —
Gore resolution that it is an 'attempt to pro-

proposition that while a submarine ^which hibit American citizens from going abroad on
may easily be sunk by a single shot from one armed merchantmen and that it is in some way

of these defense guns must give notice be- an abatement or an abandonment of a right.
fore it fires at the armed merchant vessel, the I desire to call attention through the Rec-
armed merchant vessel need not give notice ord of those who are interested in the mat-
that it purposes to fire at the submarine. If I ter to the fact that the original Gore resolution
know that you are armed for the very purpose was in harmony with the action which the
of shooting me if you see me coming toward Government took under two administrations in
you, I can not convince myself that a code of regard to Mexico, and took the third time un-
action which says that you can shoot me at der the present administration in its note of
sight but that I must give you timely notice to October 14, 1915, that it is no abandonment of
surrender is entirely free from question. a right, no surrender of an honor; that it was
What would we do under the same circum- simply a suggestion that there are times in the
stances? We now propose to build a large history of a nation, as in the history of an in-
number of submarines. These new war ves- dividual, when it may be wise to forego the
sels are to be constructed that they can be insistence upon a mere technical right rather
used both as coast defenses and as commerce than hazard the consequences of the insistence
raiders. Suppose we were at war with some upon that right, and to encourage foregoing

the insistence by withholding passports to per- tor from Minnesota yield to the Senator from
sons going upon armed merchantmen. Iowa?
The Senator from North Dakota [Mr. Mr. CLAPP. I do.
McCumber] has suggested that after this Mr. CUMMINS. I wish the Senator would
discussion there ought to be enough patrio- have a further paragraph in the article read
tism in the American people to refrain from if it be the same one which I read this morn-

taking a step which may entail unmeasured

ing the paragraph which states the pleasure
trouble and loss of life upon the American peo- the passengers felt in the thrill of danger.
ple. But as showing that there
are still those in Mr. GALLINGER. That was in the Post.
our midst who have no regard for the conse- Mr. CUMMINS. It may be, as suggested
quences of their acts to themselves or upon the by the Senator from New Hampshire, that it
millions of this country who dread and abhor is an article in another morning paper. I was
war and pray, for the averting of war, I desire with the reason which the
quite impressed
to submit an article which I find in the Herald
passengers gave for incurring the hazard of
this morning, entitled "Americans sail on the voyage.
armed liner." I ask that the Secretary read Mr. CLAPP. Yes; the article I had read
tnc 3,rticlc
is from the Herald, and has been read in full.
The VICE PRESIDENT. Is there any ob- The article the Senator from New Hampshire
jection? The Chair hears none. The Secre- refers to must be from some other paper.
tary will read. Mr. JONES. Mr. President, there is an ar-
The Secretary read as follows :

ticle in the Washington Post this morning re-

AMERICANS SAIL ON ARMED LINER- ferring to the same matter the Senator from
WHITE STAR STEAMER "CANOPIC" TO Minnesota called attention to. I find, in ad-
MOUNT GUNS AT GIBRALTAR. dition to what the Senator had read, the arti-
NEW YORK, March 3. cle says — I will read this account:
Before the White
Star Liner Canopic sailed to- Capt. James said that in the event of his encoun-
day for the Azores, Gibraltar, and Naples, Capt. R. tering an enemy submarine he would make every
W. James notified the passengers that the vessel effort to elude it. The use of the guns would de-
will be armed on her arrival at Gibraltar with guns pend on circumstances.
to be used in case the Canopic is attacked by subma- Two of the Americans were Mr. and Mrs. Charles
rines in the Mediterranean. Bellows, of 30 Pierrepont Street, Brooklyn. Mr. Bel-
There were 350 persons, including passengers and lows is an importer, and with his wife has made
crew, on board. Among them were three American the trip through the danger zone three times. When
citizens. asked if he did not fear to sail in view of the cap-
Mr. and Mrs. Charles Bellows, of Brooklyn, said announcement, he said:
the arming of the liner would not deter them. They "By no means.
I have run blockades before this,
have made three trips through the war zone. The and so has my wife, and I really enjoy the thrills
third American citizen who sailed was W. W. Nich- that come with it."
oUs, of Chicago.
Mr. President, I am not going to discuss
Mr. CLAPP. Mr. President, it is not my international law and the finespun theories
province or right to pass upon the moral ac- with reference to the rights of American citi-
tion of others or the action of others which in- zens under it. Here is a concrete example of
volves a moral question. I have put this in the disposition of those who now under the
the Record that if in that voyage after that present condition of things want to travel
ship leaves Gibraltar, armed as the officers no- upon armed belligerent ships.
tified these people it would be, it will be for The American people may not comprehend
the /.merican people to determine what course fully the finespun theories as to their rights
they should take, what they shall bear as the under international law based upon the pirat-
consequence of the reckless bravado of these ical conditions of a hundred years ago, but
people, who, with this notice, take their they will understand what the disposition is
chances upon that ship after she leaves Gibral- on the part of those who insist upon traveling
tar and sails into the Mediterranean that — on these ships, and they will not consider that
when that time comes there can be no question the Nation's honor is at stake in seeing to it
here or elsewhere but what these people, in a that some individual shall enjoy the "thrill"
spirit of reckless bravado, dared the danger that comes from traveling upon an armed
of the war zone, and that in dealing with what merchant ship.
our responsibility is for the injury of those In this condition of things, and in consid-
people we may have in mind that they took ering the right of individuals who simply seek
this fate upon themselves. the enjoyment of such "thrills," it seems to
Mr. CUMMINS. Mr. President me that we ought to place over against their
The VICE PRESIDENT. Does the Sena- desire the happiness and welfare and peace of

a hundred millions of people who are willing States by replication in Berlin of the studiously
to stay at home and who are willing to deny propagated report that Congress was hostile to Mr.
Wilson's submarine policy. "
themselves the exercise of rights that they Not*even in the days wlfen earlier aliens and fo-
may have in order that the country may con- mentors of sedition were making the United States
tinue to remain at peace. the football of foreign interests has the United
States seemed so pitiable. Then it was young, weak,
Is it possible that if this boat should be sunk
unconsolidated, full of gerterous recent friendships-
and this man lose his life it would be held that and enmities. Now, in its height of power, had it
we are justified, in maintaining the national become the puppet of a foreign influence, a child
honor in the assertion of his right to enjoy a in the hands of a foreign master? Was its Congress
not its own, but that master's? Dark days for Amer-
"thrill," to embroil the whole American people
in this conflict? It seemed as if the Congress was ready to haul'
Mr. President, we may find that under in- down the American flag from the Capitol, spit on it,
ternational law this man had a right to do run the black, white, and red up in its place. But
what he is doing, but the American people will Tuesday the President called on the Germans in
Congress to stand up and be counted. They stood'
never stand behind such a proposition as that
up in the Senate Friday, 14 in all, a sorry lot. The
zuid try to enforce it at the expense of their Senate stamped on the counsel of division and dis-
peace and their welfare. They will never fight honor. The Senate was American. The German
for a thrill. flag was not going up on the Capitol. There was-
still an America, instinct with national patriotism,,
hot to resent and prevent the sacrifice of the least
tittle of American rights, calm and majestically
In the Senate, Monday, March 6, iqi6 strong in upholding the President, who was striving^
in stormy times to maintain peace, but with no di-
{Legislative Day of Friday, March 3, igi6) minution of national right, no stain upon nationat
Mr. McCUMBER. Mr. President, I desire
The Senate is American. It is for the House to-
to have read an editorial from the New York
prove amply and unmistakably by its vote on the-
Times of Sunday, March 5, bearing upon the McLemore resolution that it is also American. The
subject which was under consideration last cloud of lies is not yet wholly scattered. The Germatt
will still seem to be dangling from the CapitoR
Friday, which, it seems to me, it would be
staff until the House has acteS.
very appropriate to answer in a very few
The PRESIDENT Mr. McCUMBER. Mr. President, whenever
pro tempore. Is there we get ready for war, the editorial writer for
objection to the request of the Senator from the New York Times will find no divided senti-
North Dakota? The Chair hears none. The ment in the Senate of the United States, and
Secretary will read. in my opinion very little division of sentiment
Mr. McCUMBER. The subject is under the
among the people of the United States. But,
heading "The flag on the Capitol." Mr. President, if the writer of this article
The Secretary read as follows:
thinks for a single moment that the American
THE FLAG ON THE CAPITOL. people are hunting for an excuse to get into
this European war, that they want Americans
For some days, thanks to the multitudinous lies,
radiated over the country from the central source to expose themselves and to be killed so that
at Washington, Americans have been boiling with we may be compelled to assert ourselves by
anger at the thought that not an American but a armed conflict, he is sadly misinformed.
German Congress was sitting there. They knew
that foreign intrigue and domestic malice were No, Mr. President; the country, while ever
doing their worst to set the legislative branch ready to defend our undoubted rights, does not
against the Executive, to filch from the latter one want its citizens to needlessly lead it into this
of his constitutional powers, to weaken the Presi-
war. The sentiment of the people is patriotic,
dent in a grave moment of international difficulty,
to create the impression abroad that the United but it is not jingoistic. And, Mr. President, if
States Government was divided in opinion, that the this country is ever forced into war its vic-
people were on one side and the President on an- tories will be achieved not by the bully or
braggart, not by the jingo declaimers, but by
They saw Senators and Representatives eager for
the great army of true American patriots who
a cowardly surrender of the right of Americans
to travel on the high seas. They read the concocted are more concerned that their cause shall be a
tabulations showing a majority in Congress in the
— just right, approved by their hearts and their

House a majority of two to one in favor of that consciences, than a mere naked legal right.
surrender. They saw, with shame and anger, a Sen-
ator in the Senate Chamber rolling out unctuously Mr. President, no American has ever con-
a falsehood, which he took good pains not to inquire doned or will condone the sinking of an un-
into, about the President's wish for war. They armed indefensible merchant ship without first
heard from the American ambassador to Germany
of the erroneous or sophisticated opinion prevail- signaling for surrender, and without adequate-
ing in Germany, of the injury done to the United protection of the lives of passengers and crew...

That has now been conceded by all belliger- other purpose than to promote the welfare,
ents. The controversy has now narrowed down the happiness, the peace, and the prosperity
to a question as to whether an armed merchant of the American people. They are not inter-
vessel or a submarine should be permitted to ested as citizens of this country in either side
shoot first. And without passing judgment on of this great controversy, but are trying to
that question, but leaving it in the hands of the keep their country out of just what this league
is trying to get us into.
President, I insist that true American patriot-
ism demands that so long as that disputed Mr. OLIVER. Mr. President, as one of
question has not been settled, so long as it is those not numbered among "the immortal
the subject of diplomatic negotiation and con- fourteen," I wish to say that in my opinion
ference, no American citizen should by his the editorial which was read at the request
needless act jeopardize the peaceful settlement of the Senator from North Dakota [Mr.
of the question or precipitate a crisis, and no McCumber] does not reflect the views and
American who purposely does so, and no one was not written by a legitimate champion of
who advises him to do so can claim to be —
the men the sixty and odd Senators who —
governed by real, true patriotic motives toward voted with the majority a few days ago. I am
his own country. The highest patriotism of satisfied, Mr. President, that every Senator
the American people to-day is to prevent pre- who then voted, no matter on which side,
cipitating the country into an armed conflict voted in accordance with what he thought was
during the negotiations concerning this most best for the American people.
delicate question. I voted as I did because I think the Con-
Mr. JONES. Mr. President, when I heard gress is not the proper forum at this time for
the editorial read that the Senator from North the discussion of this question. The Constitu-
Dakota sent to the Secretary's desk I wond- tion places in the hands of the President the
ered whether the writer of it belonged to a responsibility for dealing with our foreign af-
certain league that seems to be organized in fairs; and I, as a Member of the Congress, no
the city of New York for a certain purpose, matter how
I may differ from the President
which is sending out documents urging that and from his administration on domestic ques-
all means be taken possible to bring about a tions, feel that it is not up to me to interfere
diplomatic rupture between this country and in any way with his conduct of foreign affairs
some of the belligerent nations. in accordance with the dictates of the Con-
This league is called "Citizens' League for stitution and of the duties which the people
America and the Allies," and one of its pur- have called upon him to perform.
poses isthus expressed: Mr. GALLINGER. Mr. President
This league is formed to use all lawful means to The PRESIDENT pro tempore. Does the
put this nation in a position of definite sympathy Senator from Pennsylvania yield to the Sena-
with the allies, and in an equally definite position of
torfrom New Hampshire?
moral disapprobation of the purposes and methods
of the Central Teutonic Empires. Mr. OLIVER. I shall be through in one
moment, Mr. President.
Mr. President, this document which this
pro tempore.
league sends out an address delivered at
tor from Pennsylvania declines to yield.
Tremont Temple, Sunday, January 30, 1916, Mr. GALLINGER. I simply wanted to
by Josiah Royce, LL. D., professor in Harvard
University. He closes with these words and
— ask the Senator from Pennsylvania a question
at that point.
I simply ask the people to judge whether or
Mr. OLIVER. In one moment I shall yield
not he is working in the interest of the United to the Senator.
States and of the people of the United States Mr. President, I deprecate such utterances
and of the neutrality which our President so as are contained in that editorial, and I de-
wisely and patriotically urged us all to main- cline to acknowledge that the men who give
tain some time ago: utterance to such expressions represent me
Let us do what we can to bring about at least a in any way whatever. I now yield to the Sen-
rupture of all diplomatic relations between our own ator from New Hampshire.
Republic and those foes of mankind, and let us fear- am
lessly await whatever dangers this our duty as
Mr. GALLINGER. Mr. President, I

Americans may entail upon us, upon our land, and gratified to hear what the Senator from Penn-
upon our posterity. We shall not thus escape suf-
sylvania has stated, because I believe it is
fering, but we shall begin to endure as Belgium to- the honest feeling of every Senator, no mat-
day endures, for honor, for duty, for mankind.
ter how he voted on that misunderstood reso-
Mr. President, the 14 Senators referred to lution; but I wanted to ask the Senator this
in this editorialhave no other desire and no question: Does the Senator fee^ that in voting

an opinion that the Executive might well in order that the Senate might have the benefit
warn American citizens not to travel on armed of such knowledge as the State Department
merchantmen is interfering with the Presi- had had upon the subject, and I now have from
dent's constitutional prerogative in any way? the Secretary of State a letter, which I send
to the desk and ask that it may be read for the
Mr. OLIVER. Not at all, Mr. President,
if a Senator feels that it is his duty to give
information of the Senate.

expression to that opinion. For my part, I The PRESIDENT pro tempore. Unless
do not feel that it is my duty to give express- there objection, the Secretary will read as

ion to any opinion upon the subject at this requested. The Chair hears none.
The Secretary read the letter, as follows:
question have
I propounded arose from the Washington, March 6, 1916.

fact that the Senator from Pennsylvania The Hon. ATLEE POMERENE,
seemed to intimate that in some way we were United States Senate.
trying to encroach upon the prerogatives of MY DEAR SENATOR: Referring to your oral
the Executive. I have been utterly unable to inquiry on Saturday last in regard to an official or-
see — I may be dense on the subject

how we der reported to have been issued at Hongkong or
Shanghai by British authorities warning British sub-
were doing that in any way, if we simply felt jects not to travel on belligerent ships during the
and expressed the view that a warning of this Russo-Japanese War. I am advised that no such
kind might well be given to our people. That order or warning has been published in the British
official organ or in the North China Herald, of
is all. That is the only thing I want to vote
Shanghai, and that British representatives and con-
on. I believe such warning ought to be giyen, sular officers were expressly instructed to abstain
just as Sweden has given it, just as the Presi- from giving any advice to merchants, etc., by a cir-
dent practically gave it in reference to Mexico ; 'cular of February IS, 1904. It is understood that if

and I certainly would be one of the last Sena- any such warning was issued it was without the au-
thority of His Majesty's Government and contrary
tors to take from the Executive any right to their instructions.
that belongs to him or to hamper him in the Very sincerely, yours, ROBERT LANSING.
discharge of his duty in trying to keep the
country out of war. I do not want war, Mr.
President. I want peace, and any vote I cast
will be cast in that direction.
In the Senate, Tuesday, March y, iQi6
I realize that fully, Mr. Day March
Mr. OLIVER. {Legislative of Friday, 3, 1916)

President. believe that that is the feeling

I Mr. SUTHERLAND.* Mr. President, \t\s
of every Senator and of every Member of the
quite natural in a great war such as now in-
House of Representatives. As to whether we volves almost the whole of Europe that indi-
should give expression to our views on this vidual American citizens should sympathize
subject, as I said before, that simply marks an with the cause of one side or the other, and
honest difference of opinion between the Sen- this is particularly to be expected in the case
ator from New Hampshire and myself. of those of foreign birth or of recent foreign
Mr. GALLINGER. That is all. ancestry. There is nothing in such a senti-
Mr. POMERENE. Mr. President, about 10 ment to condemn or even deplore. For a
days ago I received a letter from a constitu- citizen of German birth or descent to sympa-
ent urging me to support the resolution of the thize with or look forward with anxious hope
Senator from Oklahoma [Mr. Gore] and giv- to the success of Teutonic arms, or for a citi-
ing as a reason for making that request a zen of English or French or Russian birth or
precedent which had been set by the British descent to sympathize with and pray for the
Government during the war between Russia victory of the allies, is precisely what might
and Japan. I at that time made some investi- be anticipated, and constitutes no breach of
gation in the State Department and satisfied civic duty as far as this Government is con-
myself that no such order had ever been is- cerned. Such an attitude of mind is entirely
sued by the British Government; at least, consistent with unimpaired loyalty to this
that was the information which was given to country and readiness to bear arms in its de-
me. I should not have referred to this sub- fense, if need be, against even the land of
ject but that on Saturday the Senator
from birth and ancestry. To say that the individual
Massachusetts [Mr. Lodge] referred to it citizen, in the face of the passionate
and titan-
and discussed it at some length, presenting ic struggle which holds the foremost
some documentary evidence showing that no
such order had been issued. I then took the *Mr. Sutherland was born in Buckinghamshire, Eng-
matter up again with the State Department land.

of Europe in the very shadow of destruction, The right of a merchant ship to defend herself
and to be armed for that purpose has not, so far as
should remain neutral in thought and speech I am aware, been doubted for two centuries, until the
is to talk nonsense and to ask an impossibility.
question has again become one of practical impor-
tance. The historical evidence of the practice dow:;
On September the early days of
19, 1914, in to the year 1815 is overwhelming. Dr. Schramm,
the war, Mr, Lansing, then Acting Secretary in his elaborate denial of the right fails to distinguish
of State, in a circular relating to armed mer- between the position in which a belligerent warship
stands to an enemy merchant ship, and that in which
chantmen, which was sent to representatives
it stands to a neutral merchant ship. This failure is
of all foreign powers, among other things an-
important and goes to the root of the matter, for
nounced this general rule "A merchant vessel
whereas the visit of a belligerent warship to an
of belligerent nationality may carry an arma- enemy merchant ship is, under existing law, merely
ment and munitions for the sole purpose of the first step to capture and is itself a hostile act,
and is undertaken solely in order to enable the cap-
defense without acquiring the character of a tor to ascertain that the ship is one which is not
ship of war." My
understanding is that this exempt by custom, treaty, or convention from cap-
correctly states the rule recognized by sub- ture, the visit to a neutral ship, though justified by
the fact of the existence of war, is not a hostile act.
stantially all the authorities who have spoken
By long custom a belligerent warship has a right of
upon the subject. In the great struggle which visit and search of all neutral merchant vessels, and
is now raging our position is one of extreme this right is exercised in order to ascertain whether
delicacy. The belligerent nations are engaged a vessel is in fact neutral and not engaged in any
in a war for what they believe to be their very acts such as attempting to break blockade, the car-
riage of contraband, or the performance of any un-
existence. What they do is done in hot blood ;
neutral service which would justify its detention and
what we do should be done in cool blood. It condemnation. "It has been truly denominated a
may not always be possible for us to deter- right growing out of and ancillary to the greater
mine as between conflicting claims what is right or capture. Where this greater right may l)e
legally exercised without search (as in the case of
precisely the wise and impartial thing to do, enemy ships) the right of search can never arise or
but there is one general policy that we can come into question." A
belligerent warship has a
creditably follow, and that is to ascertain def- right to capture an enemy merchant ship, and the
latter is under no duty to submit; it has a corre-
initely what were the rules of international
sponding right to resist capture, which is an act of
law affecting the question of neutrality in force violence and hostility. By resisting, the belligerent
at the opening of hostilities, and then adhere violates no duty, he is held by force, and may es-
to them strictly and impartially, whatever cape if he can. But forcible resistance, as distinct
may be the incidental effect of our adherence from flight, on the part of a neutral merchant ship
is universally admitted as a just ground for the con-
upon any of the belligerent powers. If we do demnation of the ship, for a neutral is under a
that, we shall at least preserve our attitude duty to submit to belligerent visit. (S. Doc. No. 332,
of neutrality. It is possible that we may mod- 64th Cong., p. 32.)
ify our position and still preserve that atti- It is said,however, that the advent of the
tude, but we are more likely to be guilty of un- submarine, a new weapon, weak in defensive
fairness somebody, and indeed, as I
power, has brought about an alteration of the
shall presently show, to be guilty of a rule, upon the principle embodied in a very
breach of neutrality or a distinctly unfriendly old and respectable maxim of the common
act, which may involve serious and perhaps law, cessante ratione legis cessat ipsa lex the —
disastrous consequences. reason of the law ceasing, the law itself
These general observations have a bearing ceases. No one doubts the wisdom of the max-
upon the two questions that have led to much im, but does it apply? We
must not confuse
recent discussion First, that relating to the
the reason which gives life to the law with the
arming of merchant vessels for defensive pur- incidental circumstances which may
poses and the use of such vessels by our citi- ny the operation of it, but do not condition
zens for travel; and, second, that relating to the law itself. The crime of murder was never
the trade of our citizens in munitions of war. dependent upon the character of the instru-
I desire very briefly to discuss both of these ment by which it was committed. The crime
matters, and first that of the right of a mer- itself antedated the invention of gunpowder,
chant vessel of a belligerent nation to carry but the advent of that substance in no way al-
arms for defensive purposes only. That such tered the constituent elements which charac-
right exists is clearly laid down in the circu- terized the crime. When the gun took the place
lar of the State Department from which I have of the knife and the bludgeon as the
already quoted. The general rule is estab- ment of assassination, these constituent ele-
lished by substantially all the authorities and ments were not any manner affected. The
has nowhere been more clearly stated than by rule of international law was that a belligerent
Mr. A. Pearce Higgins, in a recent article, from merchant ship might arm for defense and
which I quote as follows :
might forcibly defend herself against the at-


tack of an enemy —not an enemy armed in a merchant shipping, but must be confined to
particular way, but an enemy armed in any operating against vessels of war alone. How-
way. It is true that a merchant vessel ever this may be, according to all fundamental
so armed seldom, if ever, resisted the attack principles and rules of logical construction,
of a warship, but that was not because it had the invention and use of a new weapon of
no right to resist, but because resistance was warfare should not be considered as depriving
futile. The rule was, further, that the mer- the noncombatant civilian of long-established
chant ship could not lawfully be sunk until and heretofore universally recognized rights.
after warning and an opportunity given If we concede that the rule no longer applies to
crew and passengers to escape in safety. The ships armed for defense alone we must be pre-
claim that the submarine is a war vessel of pared to face a probable condition much more
such weak defensive ability that a merchant serious than that involved in the destruction
vessel may not defend against its attack, and of an armed vessel without warning. To con-
that it is absolved from giving warning be- cede the right of a submarine to sink a vessel
cause to do so might invite its own destruc- so armed without giving warning and oppor-
tion, does not, in my judgment, present a tunity for crew and passengers to escape in
case that calls for the application of the max- safety will be to invite the sinking of unarmed
im. The rule allowing defensive armament vessels without warning as well, since it is
upon and requiring previous warning to a well-nigh impossible for the officers of a sub-
merchant vessel was not based upon the rea- marine, under the conditions which surround
son that a ship of war was in no danger from them, to determine in advance whether a giv-
the slight defensive armament that was car- en vessel is armed or not. They will, there-
ried, but it was based upon the supreme right fore, be tempted to act upon conjecture or sus-
of self-defense, and upon the consideration picion. It is said that the ship can not be
that it was not in accordance with the princi- halted in order to make an inspection, for that
ples of civilized warfare that the lives of ci- would be to risk the destruction of the sub-
vilian crews and passengers should be de- marine if it turned out that the merchant ship
stroyed without previous warning and full op- was in fact armed. Indeed, that is the basis of
portunity to save themselves. That reason, the claim that an armed vessel may be sunk
founded upon the dictates of humanity, is not without warning. It is a general rule that if
affected in the least because a vulnerable sub- one is authorized to do a thing upon the exis-
marine may be used in place of an invincible tence of a particular condition he is justified in
man-of-war. This humane rule has heretofore acting upon the reasonable belief that such
existed without qualification. If it could not condition does in fact exist.
be complied with for any reason, it was not ad- If therefore the commander of a submarine
missible to destroy the ship and jeopardize the claims to act upon appearances, we shall never
lives of her crew and passengers. be able to determine whether these appear-
The proposition now insisted upon, baldly ances justified his conclusion until after the
vessel and her crew and passengers have gone
stated, is simply this, that when a new engine
to the bottom of the sea, and in some cases not
of destruction is invented that can not be made
even then. The result will be that unarmed
entirely effective without violating the law.
modified. vessels, while possessing immunity in theory,
the law is ipso facto automatically will have none in fact and while ostensibly
Under these circumstances my own view of ;

conceding the right to sink armed vessels only,

the matter is that the new weapon must yield we shall in fact have conceded the right to
to the law and not that the law rnust yield to sink unarmed vessels as well, since if the
the new weapon. What would be thought of
submarine possess the right to sink an armed
a similar claim made by a citizen with refer-
vessel, the claim of justification will be difficult
ence to a domestic law, namely, that if new and to meet whenever the commander, sinking any
unforeseen conditions arise rendering it high- insists that he had reasonable
vessel, ground
ly inconvenient to comply with the law com- for the belief that it was armed.
pliance must be dispensed with? It seems
to me a far more logical conclusion is that

The question next arises and, indeed, it is
if submarine can not be utilized effec-
the really the crucial question —
shall our citizens
be officially advised to forbear from traveling
tively without violating this long-established
and humane rule of international law that fact upon belligerent merchant vessels armed for
constitutes persuasive ground not for repudi- defense only? Or, indeed, shall we go further,
ating the law but for holding that the subma- as some people insist, and forbid their doing
rine, since it can not be used in accordance so under penalty for disobedience? If I am
with the law, may not be used at all against correct in what I have already said, namely,

that these merchant ships have the right to sume; and unless it is willing to forfeit the
carry defensive armament, it follows that such respect of mankind by becoming a craven
a ship has the same status as though unarmed thing, it must be prepared to sustain that po-
and that the right of a neutral citizen to sition at whatever cost or consequence. How-
transport his goods or travel upon either is ever desirable it may be that our citizens for
the same, and not a different right; and that, their own sakes should refrain from traveling
in fact, is the decision of our own Supreme upon defensively armed ships, it is quite an-
Court in a great case decided many years ago other matter for the Government to advise or
and never since overruled or modified. (The order them to do so. So long as he violates
Nereide, g Cranch, 388.) The decision was no law an American citizen may pursue his
rendered by Chief Justice Marshall, and in business in his own way, even though it may
the course of it he said : be a dangerous business or a dangerous way.
It is not to be presumed that he will recklessly
A belligerent has a perfect right to arm in his own or needlessly put his life in danger indeed, —
defense, and a neutral has a perfect right to trans-
port his goods in a belligerent vessel. These rights
all presumptions are to the contrary —
and no
do not interfere with each other. The neutral has resolution of Congress can possibly advise
no control over the belligerent right to arm ought— him of any danger of sea travel which he does
he to be accountable for the exercise of it?
not already fully understand. But, Mr. Presi-
The object of the neutral is the transportation of his
goods. His connection with the vessel which trans- dent, what of the American citizens scattered
ports them is the same whether that vessel be about the world engaged in lawful pursuits
armed or unarmed. The act of arming is not his; it who are from time to time obliged to travel
is the act of a party who has a right to do so. He
meddles not with the armament nor with the war. upon the sea from and to ports between which
Whether his goods were on board or not, the vessel neutral ships do not ply? What is the citizen
would be armed and would sail. His goods do not con- so placed to do? Is he to indefinitely maroon
tribute to the armament further than the freight he pays however imperatively his presence
and freight he would pay were the vessel unarmed. It is
diflScult to perceive in this argument anything which does may be required elsewhere? If not, and he
not also apply to an unarmed vessel. In both instances be entitled to the protection of his Govern-
it is the right and the duty of the carrier to avoid ment in the exercise, and perhaps in the vital-
capture and to prevent a search. There is no dif- ly necessary exercise, of his lawful right of
ference except in the degree of capacity to carry
this duty into effect. The argument would operate travel upon a merchant vessel
against the rule which permits the neutral merchant armed for defense, upon what theory consis-
to employ a belligerent vessel without imparting to tent with national courage and self-respect can
his goods the belligerent character. The argument
Congress or the Executive interfere with or
respecting resistance stands upon the same ground
with that which respects arming. Both are lawful. forbid the use of his own discretion in the
Neither of them is chargeable to the goods or their matter? I am one of those who desire peace. I
owner where he has taken no part in it. They are detest the bully and the brawler among nations
incidents to the character of the vessel, and may al-
as I do among individuals. I would sacrifice
ways occur where the carrier is belligerent. If the —
much to avoid war pride of opinion, money,
neutral character of the goods is forfeited by the re-
sistance of the belligerent vessel, why is not the neu- property, comfort
I —
would fight over no
tral character of the passengers forfeited by the
same cause? The master and crew are prisoners of
wrongs which money could compensate but —
a nation, when all other means fail, that will
war why are not those passengers who did not en-

gage in the conflict also prisoners? That they are not resent a flagrant and illegal attack upon
not would seem to the court to afford a strong argu- the lives of its own citizens is only less de-
ment in favor of the goods. The law would operate testable than a man who will not fight for his
in the same manner on both.
wife and children. And so, sir, believing as
Nothing, Mr. President, it seems to me, I do about that, satisfied as I am that advice—
could be more clear and more conclusive than or no advice —
if the life of an American citi-

that statement made by the great Chief Justice. zen be again taken by the illegal and deliber-
therefore, a citizen take passage upon a
If, ate sinking without warning of a merchant
ship so armed and lose his life by the sinking ship, unarmed or armed only for defense, that
of the ship without warning, what must be the this Government should hold the oflFending na-
contention and claim of this Government? To tion to a stern reckoning, I shall never give
my mind, clearly this: That the citizen in the my consent to the issuance of a formal and
exercise of a clear right has been deprived of official notice such as has been proposed,
his life by the deliberately illegal act of the bel- which, if not heeded, would, without mini-
ligerent Government which sent the submarine mizing our duty in the least, have the effect
on its mission of death.Others are welcome of embarrassing and weakening our moral
to their own opinions, but I can conceive of standing if we should once more be under the
no other position for this Government to as- sad necessity of seeking reparation for the

destruction of the lives of our people. I re- I have at heart —
that is, the maintenance of
peat, sir, that I do not want war at any time, —
peace in this country by withholding any ex-
and I pray God that it may not come now; pression of my opinions so long as the ques-
but I would rather have war with all its sac- tions at issue are the legitimate subject of dip-
rifices and suffering than that this Nation, lomatic PROFOUNDLY
negotiations. I
with its long history of heroism and glory, HOPE THAT NO OCCASION WILL ARISE
should play the poltroon when confronted by WHEN I SHALL FEEL OBLIGED TO
a supreme national duty, because it places TAKE THESE SUBJECTS UP IN A PUB-
a greater value upon its ease than upon its LIC WAY; BUT IF PERCHANCE SUCH
In the Senate, Wednesday, March 8, 1916 IDENT WHATEVER SUPPORT I CAN IN
Day Friday, March 3, 1916)
{Legislative of
Mr. STONE. Mr. President, I have a no- STITUTION. ALL THROUGH HIS
tice standing on the Calendar to the effect SERVICE AS PRESIDENT I HAVE CO-
that I would on to-morrow address the Senate OPERATED WITH HIM, AND WITH
on the subject of armed merchant ships and on ALL MY HEART I WISH TO CONTINUE
other related subjects. With much care I have THAT COOPERATION; AND SO I HAVE
prepared a speech which I purposed
and in which I joined issue with some Sena- AT THIS JUNCTURE THAT MIGHT
tors who have spoken on these questions, par-
ticularly as to the law, indeed there be a
law established and recognized, touching the MIGHT BY ANY CHANCE CONTRIB-
subject of armed merchantmen.
tent reasons why I would be glad to lay these
matured views on this and correlated subjects
before the Senate but some of my colleagues,

in whose judgment I have great confidence, a

number of them being substantially in accord In the Senate, Thursday, March g, igi6
with my views, have expressed to me their be-
lief that it would be wiser and better in every Mr. Vx\RDAMAN. Mr. President, there is
way if I should defer the delivery of this ad- no danger, I apprehend, of the legislative de-
dress for the time being. I recognize the force partment of the Government usurping any of
of what they have said to me, and in fact sym- the powers that belong to the executive de-
pathize with their suggestions. partment. But there is danger of the Presi-
Last night I had another very frank talk dent dominating and controlling the Con-
with the President— I say frank talk, for that gress in a way not contemplated by builders of
is the way we talk with each other, when we the Constitution. I have been apprehensive

talk, as we should. I am sure I will not of- at times that Executive interference with the
fend if I say that so far from the President de- legislative function is one of the real menaces
in this disas- to the permanency of our system of govern-
siring to involve this country
trous European war, his supreme wish is to ment. The
votes that have been taken by the
avoid that calamity. I may not be in accord Congress few days on the question
in the last
with some of his views I have already stated
of permitting American citizens to travel on
on the Senate floor that I am not but it should ; belligerent merchant ships, I respectfully sub-
be impossible for any Senator to believe that mit, were NOT VOTES OF CONFIDENCE,
the President has so changed the attitude he BUT, RATHER, VOTES OF OBEDI-
has so long maintained as an advocate of peace ENCE; they were not votes of counsel, ex-
as to wish now to make this country a party to pressing the convictions of the individual
this conflict. Congressmen upon this grave question, but,
As Senators well know, I have from the first rather, I fear, in many instances, but the SUL-
been earnestly opposed to having any of these LEN, SILENT SUBMISSION to what was
questions presented in any formal way
to the thought to be the demands of the presidential
Senate, and I have been equally opposed to will and to meet the exigencies of party poli-
public discussion of these questions
they were the subject of diplomatic
consid- But, Mr. President, I am not willing to dele-
eration. In view of this situation, I have de- gate to the President or any other officer the
termined that I could better serve the cause right to perform a duty for me which means


as much to theAmerican people as is involved CONGRESS EXERCISING ITS PROPER

in the issue which confronts the country to- FUNCTION AND NOT LEAVE ALL THE
day. I am not willing to leave to the discre- RESPONSIBILITY OF THE GOVERN-
tion of the President or any other officer to MENT TO THE PRESIDENT. The Presi-
dent is a mere man, whose heart is filled with
say whether American citizens shall be per-
mitted upon merchantmen belonging to bellig- the hopes and hates, loves and limitations,
erent countries, when we have been told by fears and forebodings, favorites and fancies in-
the President that if a person thus traveling cident to mortality. His brain is the store-
should lose his life by the sinking of a mer- house of ambitions, vanities, virtues, faults,
chantman by a German submarine that he and frailties that belong to the human race.
would consider it a gross violation of inter- —
Only a man just a man that's all.—
national law, and I think I am within the facts The flames that are
consuming Europe are
of recent history when I say he intimated that throwing their sparks across the dividing
the breaking off of diplomatic relations with ocean, and the sense of security which a few
Germany would follow. I am not willing to months ago we enjoyed has given way to soul-
submit even to the President a matter of such disturbing apprehensions. The opportunities
vital moment to the people of Mississippi and for investment, the greed for gain, the cupidity
America when I have assurance that he would which is eating out the hearts of a certain class
decide the question against what I believe to of citizens in some sections of this Republic,
be their best interests. And in taking this po- the bad advice of such individuals who are en-
sition I should dislike for anybody to conclude joying enormous profits from the manufacture
that it is because of a lack of confidence in the of munitions of war, together with the public
President's honesty or done in a spirit of hos- press, which has become the active agent of
tility. the harpies of predatory interests and is now
I HAVE AN IMPRESSION, CREATED engaged in the diabolical work of inculcating
BY WHAT HAS HAPPENED IN THE false sentiments, to the end that their masters
LAST FEW MONTHS, THAT THE PRESI- may, from the wreck and carnage of war, grow
DENT DISTINCTLY LEANS TOWARD richer still and fill their capacious coffers with
THE ALLIES IN THE EUROPEAN CON- gold coined of the blood and tears, the suffer-
FLICT, and whatever he may think his duty ing and sacrifices of the victims of war.
Is the interest of an irresponsible, impru-
in the premises he will do, just as I am not go-
ing to leave undone anything which should be dent, vagrant, fool-hardy creature, knowing
done, that I have a right to do, and which is the perils of the sea, to outweigh with the Con-
my duty to do as a Member of this Congress, gress the peace and happiness of 100,000,000
that would render impossible an unnecessary of prosperous and law-abiding people? Is it

war with any of the belligerent powers of fair, is it just, is it reasonable, is it humane
that these few irresponsible, notoriety-loving
Europe. If I may be pardoned for the diver-
sion, I want to say just here, that I have the individuals should be permitted to involve this
greatest admiration and respect for the learn- country in a war, the horrible consequences of
ing of the extraordinary man who is the pres-
which words may be inadequate to describe?
ent Executive head of this Republic. He has If the question were submitted to the Amer-

written some good books splendid books; he ican people to-day as to whether or not the
is familiar with the history of the rise and fall United States should go to war with Germany
of civilizations, whose skeletons mark the for the sinking of a merchantman belonging to
shores of time he knows the causes that pro-
Great Britain with an American citizen upon
duced them, and he is doubtless familiar with it, is there a Senator in this Chamber, is there
the influences that caused their disintegration a reasonable, patriotic man on this continent
and downfall. But, even conceding all that, I who believes that the American people would
do not think he possesses a corner on all poli- vote to permit this vagrant citizen to travel on
tical wisdom, nor do I believe that he is any belligerent merchant ships if they knew it
more patriotic than the majority of the Mem- meant war United States? Do you be-
for the
bers of Congress, who share with him the re- lieve there is a mother in America who would
sponsibility of this Government. I might con- be willing to offer her son upon the altar of
cede to him all the qualities with which the such a cause? Is there a loving wife who
perfervid love-tinted imaginations of his self- would give her husband to be sacrificed that
constituted special senatorial defenders, parti- the rights of such a reckless individual might
san friends, and devoted adherents in Congress be upheld, or that the ancient principle of in-
clothe him, but even then, Mr. President, I ternational law, which has long since become
SHOULD STILL BE IN FAVOR OF THE obsolete, might be vindicated? Oh, no; you

know they would not. There is no question would follow. Germany has shown a disposi-
about that. There is no difference of opinion tion todo well nigh any and every thing de-
between us on this subject. I believe I have manded by the United States in order to avoid
as much reverence for the American -flag as war, and it is my deliberate judgment that if
any man who lives beneath its sacred folds. I we should have war with Germany, and God
yield to no man in my devotion to America, forbid that we may, it will be after Germany
my reverence for its past, and my hope for its has made every possible concession to avoid
future. I want the flag- of our Nation to float it.
Germany has been quite as respectful and
as an emblem of courage, of honor, of justice, observed the rules of international law in her
and of humanity. I would not, knowingly, do dealings with the United States as the allies.
anything, or permit anything to be done, or It is also my deliberate judgment that some of
left undone that should be done, to preserve the gentlemen who hold the bonds of the allies
the independence, the integrity, and the honor and are probably carrying large accounts
of this Government. It is my Government. against the allies for munitions of war would
Every fiber of my
being, every impulse of my be very glad to see the United States drawn
soul, every pulsation of my heart beats in uni- into this vortex of slaughter and death. Meet-
son with its every purpose and pleads for the ings are being held in some of the Eastern
fulfillment of its great destiny. And for that States urging the United States to take action.
reason, Mr. President, I shall not dishonor Some of the hired organs of the bondholders
that flag and I shall not betray my Govern- and munition manufacturers are taunting the
ment by a failure on my part to take every United States with being cowards, and saying
necessary precaution against unnecessary, un- that Great Britain and the allies are fighting
provoked, and unjustifiable war. I should not America's battles. IT HAS BEEN INTI-
knowingly, not even to save my own life, do MATED THAT THERE IS A LEANING
anything or leave anything undone that is nec- OR SYMPATHY IN HIGH OFFICIAL
essary to be done, to save the American people CIRCLES IN WASHINGTON TOWARD
from the horrors of war. I shall not be intimi- THE ALLIES, AND I DO NOT HESI-
dated by the mendacious newspaper editors TATE TO SAY THAT UNLESS THIS
who are the servile tools of that greedy gang CONGRESS TAKES AFFIRMATIVE AC-
of Government wreckers, who would coin the TION LOOKING TO THE PROHIBI-
blood and tears of the men, women, and chil- TION OF AMERICANS FROM RIDING
dren of this Republic into dollars that they ON BELLIGERENT SHIPS, THERE IS A
may grow richer still. POSSIBILITY; AYE, MORE, A PROBA-
the belligerent countries of Europe desire
to purchase American goods, let them come GOVERNMENT, UNDER PRETEXT OF
and get them. But I shall never consent to go DEFENDING THE RIGHTS OF THE
to war because some venturesome, foolhardy AMERICAN CITIZEN, WILL BE DRAWN
creature, hired, possibly, to sail upon the Brit- I do not hesitate to say that to follow the
ish ship as a mascot to protect it against the
lead of the President in the matter of prohibit-
assault of an enemy engaged in a death grap-
If the resolution proposed by the Sena-
ing by law Americans to travel on belligerent
merchant ships involves a violation of my
tor from Oklahoma had been adopted by the
every idea of duty to my constituents. It in-
Congress as it was originally introduced, in volves a violation of my sense of loyalty to the
my judgment, the probabilities of war with right and a betrayal of the American people.
Germany would have vanished as a nightmare The sacrifice is too great to ask a self-respect-
from the troubled brain of innocence. And I
am sorry the Senator from Oklahoma did not ing American Congressman to make. I will
not be guilty of such a perfidious crime against
allow the resolution, as originally introduced,
my own conscience.
to be voted on. If I had been in the honorable
Senator's stead, I should have forced a vote
Mr. President —
I should have held
Though every leaf were a tongue to cry Thou must,
upon it.
flag in the air I will not say the unjust thing is just.
until it was shot from hands. But he saw
fit to do otherwise, and I have no criticism to

offer for his conduct. But I am not sure we

would have war even if an American citizen In the Senate, Friday, March lo, igi6
should lose his life on a belligerent merchant- Mr. LA FOLLETTE. Mr. President, pur-
ship. It might result in the severance of diplo- suant to a notice which I gave to the Senate
matic relations between Germany and the United two or three days ago, I wish to address my-
States, but even then, I am not sure that war self very briefly to what I conceive to be a

maintained. He need disclose no step of negotiation
question of supreme importance which has until it is complete, and when in any critical matter
grown out of the recent controversy as to the it is completed the Government is virtually com-
action of the Congress upon certain resolu- mitted. .Whatever its disinclination, the Senate may
tions. committed also.
feel itself

Mr. President, not my purpose to dis-

it is Iquoting from President Wilson's work
cuss generally the resolutions which were in- on "Constitutional Government," published in
troduced warning or requesting American 1908 and republished in 1911 and I quote from

citizens to refrain at this time from travel the latest edition.

upon armed belligerent vessels. But in the Mr. President, this statement of the views
demand that Congress should vote down such of Mr. Woodrow
Wilson, writing on constitu-
resolutions, President Wilson has raised an tional government in 1911, might be passed
issue of the gravest importance to the future without concern. But if there is warrant to
well-being of our Government. believe that President Wilson may, on the
As I understand the pending controversy, verge of a great world crisis, predicate vitally
the President assumes it to be the exclusive important and decisive action on that declara-
tion, then, sir, it ought not to go unchallenged.
prerogative of the Executive to pursue any
foreign policy, whatever the issue, indepen-
dent of any suggestion from either or both WITH SUCH UNLIMITED POWER, IF
The peremptory manner in which the ad- HE CAN GO UNHINDERED OF CON-
ministration forced action upon the resolution
in the Senate, the extraordinary proceedings
by which the resolution wa,s changed and ta- TO ACCEPT AND SANCTION HIS
bled, without opportunity for debate or expla-
nation, warrants the belief that the President ONE-MAN POWER, THEN THE PRESI-
denies Congress the right to express its opin- DENT HAS AUTHORITY TO MAKE
ion upon a matter which lies within its con- WAR AS ABSOLUTELY AS THOUGH
stitutional authority quite as much as that of HE WERE CZAR OF RUSSIA.
the Executive. Mr. President, the extent and horror of the
We must infer from what has transpired European war has caused widespread hysteria.
that the President in his personal conference But it has also compelled people to think, and
with Senators and Representatives made it among thoughtful people throughout the
understood that he considered the whole mat- world there is a deeply settled conviction that
ter so exclusively within the field of Executive this conflict with all its appalling sacrifice, is
authority that he regarded the introduction the result of an evil system of secret diplo-
and consideration of resolutions advising our macy. It is a system, sir, where the fate of
citizens torefrain from travel upon armed nations and the lives of hundreds of millions,
merchantmen as an interference with his pre- in ignorance of a fact or a circumstance in is-
rogative. Congress was made to understand sue, may be sacrificed to win a relatively unim-
that a vote of confidence would not suffice, portant diplomatic victory.
and that nothing less than a complete denial If it be asserted that the power claimed by
of any intent or purpose to express an opinion the President rests upon express constitution-
or offer advice on the part of Congress would al and statutory authority, sanctioned by a
satisfy the Chief Executive. century of unvarying precedents and custom
In his work on "Constitutional Government — —
which I deny then the democracy of Amer-
in the United States," published in 1911, Pres- of the
ica instructed by the bloody history
ident Wilson clearly defines his views as to last two years, will rewrite our Constitution
the unlimited and exclusive prerogative of the and our statutes.
Executive in dealing with foreign affairs The enlightened citizenship of these United

One of the greatest of the President's powers I States, the men who would be called upon to

have not yet spoken of at all his control, which is go into the trenches of hell and death when
very absolute, of the foreign relations of a nation. war comes will demand and will secure a voice
The initiative in foreign affairs which the President
possesses without any restriction whatever is virtu- either directly or through their Representa-
ally the power to control them absolutely. The tives in deciding for or against war. They will
President can not conclude a treaty with a foreign no longer submit to have their Representatives
power without the consent of the Senate, but he may
guide every step of diplomacy; and to guide diplo-
— serving as mere automatons

vote empty
macy is to determine what treaties must be made if approval of war, by formal declaration, after
the faith and prestige of the Government are to be war has become inevitable, or has actually

been inaugurated by some act of war commit- val —
commander at the port not being satisfied
ted upon the orders of a President. that sufficient amends had been made for the
It will hardly do to say that no President aflfront committed, made further demand that
will assume the responsibility of plunging this the Mexican military commander at the port
country into war. of Tampico should fire a salute of 21 guns,
When he became President, there was in the with special ceremony.
mind of James K. Polk a settled determina- The government de facto consented to fire
tion to acquire California as one of the a salute, but disagreement arose as to the num-
achievements of his administration. ber of guns which should be fired and what
I quote from Reeves's American Diplomacy :
were the proper and customary incidents in
The Mexican War was waged for the purpose of the way of returning the salute.
conquest, for the fulfillment of Polk's designs upon
California. Finally, on the 20th of April, the President,
in an address made in person, submitted a very
Writing of Polk's administration, Schouler,
brief statement of the matter to Congress, as-
in his History of the United States, says :

sembled in joint session, and asked its approv-

Without a word of warning, however secret, to al that he should use the armed forces of the
Congress, which was in full session, with no confer-
ence on this subject further than to hint repeatedly, United States to enforce the demands which
as the Oregon difficulty gave him double excuse for had been made.
doing without exposing his game that it was prudent The President prefaced his request for the
in times of peace to prepare for war, he ordered
Gen. Taylor to advance and take a position on the approval of Congress to use the armed forces
left bank of the Rio Grande [thus invading their of the United States to enforce the demands
disputed territory] he also assembled a strong fleet
made by Admiral Mayo with the assertion
in the Gulf of Mexico. * * *
that he had the power to act in the premises
To provoke this feeble sister Republic to hostili- without the approval of Congress, the prefa-
ties, at the same time putting on her the offense of
tory statement being made in the following
shedding the first blood, was the step predetermined,
if she would not sign away her domain for gold.

language and I quote from President Wil-
This was the program: To let loose the demon son's message delivered in person before the
of war and under the smoke of defending the fourth
joint session of the two Houses —
part of Mexico we had just snatched from her, to
despoil her of another. The program succeeded after No doubt I could do what is necessary in the cir-
a struggle, but the dark catastrophe locked up in cumstances to enforce respect for our Government
our bloody acquisitions was hidden for many years. without recourse to Congress and yet not exceed my
constitutional powers as President.
The President had way. We acquired
California. But as stated by Webster in his The President's address was concluded at

arraignment of President Polk: 3.12 p. m. on April 20, when he retired from

the Hall of the House.
No one declared war. Mr. Polk made it.
That prompt action was desired by the Pres-
Mr. President, less than two years have gone ident upon his message to Congress was made
by since President Wilson sought the advice known to the House immediately by Mr. Un-
and cooperation of Congress upon a situation derwood, of Alabama, who said:
so grave in its character, so overripe in its de-
Mr. Speaker, I merely wish to state to the House
velopment, that it culminated in bloodshed be- that the President informs me that it is of the ut-
fore it was possible for Congress to act at all. most importance that action should be taken to-day
in reference to his message just received. I wish to
The immediate incident which led on to the
ask each Member of the House to remain here until
landing of the United States troops on foreign the resolution can be passed through the House at a
soil and the capture of a foreign city and port later hour this afternoon.
had transpired on the 9th of April. On that
The resolution passed the House that day,
day a boat loaded with American sailors in the
uniform of the American Navy landed at the and while it was under consideration in the
wharf in Tampico, Mexico. They were arrest- Senate on the following day the wires brought
ed by a Mexican officer in charge of a guard. the news from Mexico that our soldiers had
been landed at Vera Cruz and that fighting
They were presently returned to the boat, re-
leased from arrest. The action of the officer was progress in the streets of that city.
Mr. President, I have briefly presented the
making the arrest was promptly disavowed by
the de facto government. The officer making essential facts of this important event at this
the unwarranted arrest of our sailors was time because of its bearing upon the issue
placed under arrest by his government. The which has been raised between the President
commandant at Tampico apologized for the and Congress.
act. The head of the de facto government also The differences between the President and
promptly apologized. Admiral Mayo — our na- the head of the de facto government of Mexico

growing out of the Tampico affair had reached counsel which might avert the pending disas-
such a stage before he sought the cooperation ter.
of Congress and while that matter was at his In my opinion we have fallen short of our
request under consideration by Congress, that obligation and duty rather than exceeded it.
he ordered the armed forces of the United WE ARE, INDEED, PLACED IN AN
States to capture and hold the port of Vera EXTRAORDINARY POSITION BEFORE
Cruz and plant our flag on Mexican soil. This THE WORLD, IF CONGRESS MUST UN-
order was issued over a disagreement as to CONDITIONALLY SURRENDER ALL
whether 5 or 21 blank cartridges should be fired RIGHT TO VOICE THE POPULAR
by the Mexicans to accentuate their apology, WILL IN A SITUATION SUCH AS NOW
which had already been voluntarily tendered CONFRONTS US.
for the offending act of a subordinate officer.
The grave consequences of such a result are
He acted without authority from Congress. We foreshadowed in the announcement of three
invaded Mexico with an armed force. Blood- Members of Congress that they will voluntari-
shed on both sides followed as the inevitable
ly retire from public life because of the course
they felt compelled to follow on their vote in
Had it been Great Britain or Germany or the House on the resolution of warning.
any other great power on earth, instead of One Member of high standing, serving his
poor, weak, bankrupt, distracted Mexico, we seventh term, brother of the ambassador to
would have been involved in a war the cost
and England, thus states his position:
sacrifice and suffering of which is beyond The President is not satisfied with an unreserved
the imagination of man to portray.
expression of confidence on the part of Congress,
Not to digress, I might say, in view of the but demands a vote upon the warning of American
attack made yesterday upon Columbus, N. citizens to refrain from using armed vessels of bel-

Mex., by a band of Mexicans led by the outlaw ligerent countries, asking that it be voted down.
This shifts to the conscience and convictions of
Villa, that the pursuit of raiders vio- who have Members of Congress a responsibility that the Con-
lated the rights of American
citizens upon imposed upon the Executive.
American soil across the borders into their Of course I do not agree with that view.
own country has the sanction of innumerable Continuing Mr. PAGE said:
precedents. It is easily distinguished in fact I claim
Having the responsibility thrust upon me,
and principle and presents an entirely different the right to exercise my own judgment and con-
question from that raised by the Vera Cruz victions and not have them dictated by some one
incident. else. I do not believe that an American should in-
sist upon the exercise of any abstract right that will
If the President has the power to order the
jeopardize the peace of his country.
forces of the United States to invade a foreign
Mr. President, if our Constitution and laws
country, capture a city, and slay its people, as are so fundamentally weak in this hour of need
in the case of Vera Cruz, he has the absolute
as to cause such sacrifice of conscientious men
power to make war at will, in the public service, then let us proceed with-
I do not believe the framers of our Constitu-
out delay to amend them and make our Gov-
tion ever intended to invest him with such
ernment in fact, as well as in form, what it
power, either directly or as an incident to any —
was intended to be a democracy.
power directly conferred upon him. BUT IS IT TRUE THAT THE CON-
In his letter to Senator Stone the Presi-
dent says:
But in any event our duty is clear. No nation, no THE PRESIDENT THAT IT BECOMES
group of nations, has the right while war is in prog- AN OFFENSE FOR CONGRESS TO TAKE
ress to alter or disregard the principles which all
nations have agreed upon in mitigation of the hor-
rors and sufferings of war; and if the clear
of American citizens should very unhappily be HOUSE?
abridged or denied by any such action we should, It was far from the intent of the constitu-
it seems to me, have in honor no choice as to what
our own course should be. tional convention that the President should
have absolute power in the conduct of foreign
In view of this alternative which we are told affairs. Fearful of kingly prerogative the
we must face, Congress, if mindful of what framers of the Constitution were not at first
happened at Vera Cruz, as well as of the les- inclined to let the President have much to do
sons of history and of the with foreign relations. The Continental Con-
appalling conse-
quences of the involvement of the United gress kept this function of government in its
States in this European war, was bound to own hands or under its own control. But this
take action, to express its views, and to offer had not proven entirely satisfactory.

The original proposal to the Constitutional
Nor has any
deliberate inquiry ever been instituted
Convention was to give the power to declare
in Congress or in any of our legislative bodies as to
whom belonged the power of originally recognizing
war to Congress, and the power to make trea- —
a new State a power the exercise of which is equiv-
ties, to appoint and receive ambassadors to the alent under some circumstances to a declaration of
Senate. war; a power nowhere expressly delegated, and only
in the deliberations it was sug-
late granted in the Constitution, as it is necessarily in-
Very volved in some of the great powers given to Con-
gested by Madison that the President should gress, in that given to the President and Senate to
have a share in the treaty-making power. The form treaties with foreign powers and to appoint
convention had been in session from May to
September, and it was only 13 days before its
final adjournment when the Executive was
given a part in the conduct of foreign rela-
tions. And it is important to note that the
ambassadors and other public ministers, and in that
conferred upon the President to receive ministers
from foreign nations.

always be considered consistent with the

It will
spirit of theConstitution and most safe that it [the
power to recognize new States] should be exercised,
only power then committed to the President when probably leading to war, with a previous
exclusively was that of receiving foreign am- understanding with that body by whom war can
bassadors and ministers. This was done be- alone be declared and by whom all provisions for
cause it would be inconvenient to call a special sustaining its perils must be furnished. Its sub-
mission to Congress, which represents in one of its
session of the Senate whenever a new ambas- branches the States of this Union and in the other
sador or minister was to be received. the people of the United States, where there may be
Out of this exclusive power to receive of- reasonable ground to apprehend so grave a conse-
quence, would certainly afford the fullest satisfac-
ficialrepresentatives of foreign countries was tion to our own country and a perfect guaranty to
evolved the general presumption that the rec- all other nations of the justice and prudence of the
ognition of belligerency and sovereignty be- measures which might be adopted.
longs solely to the President. Referring to the recognition of States, Rawle
Rawle, in his great work on the Constitu- says:
tion, says: It would not be justifiable in the President to in-

The power of receiving foreign ambassadors car- volve the country in difficulties merely in support of
ries with it, among other things, the right of judging
an abstract principle if there was not a reasonable
in the case of revolution in a foreign country whether prospect of perseverance and success on the part of
new those who have embarked in the enterprise. * * *
the rulers ought to be recognized.
The power of Congress on this subject can not be
Willoughby, in his work on the Constitu- controlled ; they may, if they think proper, acknowl-
tion, qualifies even this prerogative of the rec- edge a small and helpless community, though with
a certainty of drawing a war upon our country; but
ognition of sovereignty, as follows :

greater circumspection is required from the Presi-

At times the claim has been made that this power dent, who, not having the constitutional power to
of recognition is one to be exercised at the dictation declare war, ought ever to abstain from a measure
of Congress, but precedents are against the claim. likely to produce it.
It is to be presumed, however, that when the recog- Rawle further says :

nition of a status of belligerency or of the indepen-

In case of war breaking out between two or more
dence of a revolutionary Government is likely to
institute a casus belli with some foreign power, the
foreign nations, in which the United States are not
bound by treaty to bear a part, it is the duty of the
President will be guided in large measure by the
Executive to take every precaution for the preserva-
wishes of the legislative branch. Upon the other
tion of their neutrality, and it is a matter of justice,
hand, it is the proper province of the Executive to both to those nations and to our own citizens, to^
refuse to be guided by a resolution on the part of the
manifest such intention in the most public and sol-
Legislature, if, in his judgment, to do so would be ^

emn manner. The disquietude of the belligerent

unwise. The Legislature may express its wishes
or opinions, but may not command. parties is thus obviated, our own citizens are warned
of the course it becomes their duty to pursue, and
But Congress in the matter recently before the United States avoid all responsibility for acts
has been practically denied the right of committed by the citizens in contravention of the
principles of neutrality. It is the office of the Legis-
even expressing an opinion. lature to declare war; the duty of the Executive, so
President Jackson in a message to Congress, long as it is practicable, to preserve peace.
December 21, 1836, referring to the fact that Alexander Hamilton, discussing in the Fed-
the two Houses acting separately had passed No. 75, the treaty-making power, de-
resolutions at the previous sessions to the ef- fines the combined authority invested by the
fect- Constitution in Congress and the President
That the independence of Texas ought to be ac-
upon broad general principles. His argument
knowledged by the United States whenever satis- and conclusion are directly applicable to the
factory information should be received that it -had
in successful operation a civil government capable present controversy, and they are most illumi-
of performing the duties and fulfilling the obligations
of an independent power — nating.
Though several writers on the subject of govern-
said: ment place that power (the power of making trea-

ties) in the class of executive authorities, this is DENT HAS ATTEMPTED TO ENFORCE
evidently an arbitrary disposition; for, if we attend SUCH EXTREME VIEWS. Congress has
carefully to its operation, it will be found to partake
more of the legislative than of the executive charac- always exercised the privilege of expressing
ter, though it does not seem strictly to fall within opinion, giving counsel, and not infrequently
the definition of either. The essence of the legisla- has taken the initiative in suggestions as to
tive authority is to enact laws; or, in other words, to conduct of foreign affairs.
prescribe rules for the regulation of society; while Hinds' Precedents, volume 2, chapter 49,
the execution of the laws and the employment of
the common strength, either for this purpose or for cites many instances where Congress has as-
the common defense, seem to comprise all the func- serted its right to a voice in foreign afifairs. In
tions of the executive magistrate. The power of 1811 the House originated and the Senate
making treaties is plainly neither the one nor the
other. It relates neither to the execution of the agreed to a resolution as follows :

subsisting laws nor to the enacting of new ones, Taking into view the present state of the world, the
and still less to an exercise of the common strength. peculiar situation of Spain and of her American
Its objects are contracts with foreign nations, which
Provinces, and the intimate relations of the terri-
have the force of law, but derive it from the obliga- tory eastward of the River Perdido, adjoining the
tion of good faith. They are not rules prescribed by United to their and
States, security tranquillity:
the sovereign to the subject, but agreements between Therefore
sovereign and sovereign. The power in question Resolved, etc., That the United States can not see
seems therefore to form a distinct department and with indiflference any part of the Spanish Provinces
to belong properly neither to the legislative nor to
adjoining the said States eastward of the River Per-
the executive. The qualities elsewhere detailed as dido pass from the hands of Spain into those of any
indispensable in the management of foreign negotia- other foreign power.
tions point out the executive as the most fit agent in
these transactions, while the vast importance of the In 1821 Mr. Clay introduced the following
trust and the operation of treaties as laws plead resolution, which passed the House :

strongly for the participation of the whole or a por- Resolved, That the House of Representatives par-
tion of the legislative body in the office of making
* * * ticipates with the people of the United States in the
deep interest which they feel for the success of the
The history of human conduct does not warrant that Spanish Provinces of South America, which are
exalted opinion of human virtue zvhich zvotild make
struggling to establish their liberty and indepen-
it wise in a nation to commit interests
of so delicate dence, and that it will give its constitutional support
and momentous a kind as those which concent its in- to the President of the United States whenever he
tercourse with the rest of the world to the sole dispo-
sal of a magistrate created and circumstanced as would
may deem it expedient to recognize the sovereignty
and independence of any of the said Provinces.
be a President of the United States.
Other high authority may be cited to the ef- On behalf of the committee appointed to
fect that the constitutional right to recognize present the resolution to the President, Mr.
foreign States should not at all times be exer- Clay reported :

cised exclusively by the President, it being That the President assured the committee that, in
consistent with the spirit of the Constitution common with the people of the United States and
and most safe at critical times, as Jackson the House of Representatives, he felt great interest
in the success of the Provinces of Spanish America
points out, for the President to confer with which are struggling to establish their freedom and
Congress as to this prerogative, the only one independence, and that he would take the resolution
specially conferred on the Executive. into deliberate consideration, with the most perfect
This being true, how preposterous that Con- respect for the distinguished body from which it had
gress, the people's representative body, should
have no voice whatever in matters of great In 1825 was a long debate in the
moment that may determine the ultimate fate House relating to an unconditional appropria-
of the Nation. tion for the expenses of the ministers to the

However, it is now reported, apparently Panama Congress. According to Mr. Hinds's

upon authority, that the State Department summary of this debate the opposition to the
proposes to accomplish indirectly the object amendment, led by Mr. Webster, was that —
that the warning resolutions of Congress were While the House had an undoubted right to ex-
intended directly to accomplish. If this is true, press its general opinion in regard to questions of
it serves to foreign policy, in this case it was proposed to decide
emphasize even more strongly that what should be discussed by the particular ministers
the only purpose of the President's remark- already appointed. If such instructions might be
able course was to maintain a clear title in the furnished by the House in this case, they might be
Executive to conduct foreign affairs without furnished in all, thus usurping the power of the
any suggestion from Congress. He was en-
James Buchanan and John Forsyth, who
forcing to the letter his views expressed in the
paragraph which I have quoted from his work argued in favor of the amendment —
on Constitutional Government. contended that did not amount to an instruction
to diplomatic agents, but was a proper expression of
Up to the present time, so far as I have been
opinion by the House. The House had always ex-
able to investigate the matter, NO PRESI- ercised the right of expressing its opinion on great

questions, either foreign or domestic, and such ex- cent history and familiar to all. This resolu-
pressions were never thought to be improper inter- tion embodied a clear declaration of foreign
ference with the Executive.
policy regarding Cuba as well as a declaration
In April, 1864, the House originated and of war. It passed both branches of Congress
passed a resolution declaring that
— and was signed by the President.
It did not accord with the policy of the United After reciting the abhorrent conditions, it
States to acknowledge a monarchical government reads as follows :

erected on the ruins of any republican government

Resolved, etc., First, That the people of the island
in America, under the auspices of any European
of Cuba are, and of right ought to be, free and inde-
On May 23 the House passed a resolution re- Second. That it is the duty of the Tinted States
to demand, and the Government of the United States
questing the President to communicate any does hereby demand, that the Government of Spain
explanation given by the Government of the at once relinquish its authority and government in
United States to France respecting the sense the island of Cuba and withdraw its land and naval
and bearing of the joint resolution relative to forces from Cuba and Cuban waters.
Third. That the President of the United States be,
and he hereby is, directed and empowered to use the
The President transmitted the correspon- entire land and naval forces of the United States, and
dence to the House. to call into the actual service of the United States
The correspondence disclosed that Secretary the militia of the several States, to such extent as
may be necessary to carry these resolutions into
Seward had transmitted a copy of the resolu- effect.
tion to our minister to France with the expla- Fourth. That the United States hereby disclaims
nation that — any disposition or intention to exercise sovereignty,
jurisdiction, or control over said island except for the
This is a practical and purely executive question
pacification thereof, and asserts its determination,
and the decision of its constitutionality belongs not when that is accomplished, to leave the government
to the House of Representatives or even to Congress, and control of the island to its people.
but to the President of the United States.
Mr. President, it will beremembered
After a protracted struggle, evidently ac- this administration did warn American

companied with much feeling, the House of zens to leave Mexico for their safety and to
Representatives adopted the following resolu- avoid international complications.
tion,which had been reported by Mr. Henry President Wilson might have accepted the
Winter Davis from the Committee on Foreign adoption of the resolution warning American
Affairs :
citizens not to travel upon armed merchant-
Resolved, That Congress has a constitutional right men at this time as an indorsement of his
to an authoritative voice in declaring and prescrib- policy in Mexico. He certainly did not regard
ing the foreign policy of the United States as well it as as abject relinquishment of the sacred
in the recognition of new powers as in other matters;
and it is the constitutional duty of the President rights of American citizens to order them to
to respect that policy, not less in diplomatic negotia- abandon their property arid to seek the shelter
tions than in the use of the national force when au- of the home country in order to avoid the re-
thorized by law.
sponsibility of protecting them in their rights
That is not the entire resolution. Before I in Mexico. I believe he was right in pursuing
read the remainder of it, permit me to say that that course. It was a small sacrifice on the
the House, before it was voted upon, divided part of the few to preserve the peace of the
this resolution at the point at which I have Nation.
just concluded reading. A vote was had first But, Mr. President, how much less sacrifice
upon that portion of the resolution which I is required for our citizens to refrain from
have read. It was adopted by the House, as I travel on armed belligerent ships Or. as point-

remember, by a vote of 119 to 8. The remain- ed out by the Senator from Minnesota [Mr.
der of the resolution was submitted to another Clapp] in the course of the discussion re-
vote and was also adopted, but by a smaller cently, what is the difference in spirit in with-
majority. holding a passport by act of Congress and the
The second part of the resolution was as letter of the Department of State of October
follows :
4, 1915, which said:
And the propriety of
any declaration of foreign The department does not deem it appropriate or

policy by Congress is sufficiently proved by the vote advisable to issue passports to persons who contem-
which pronounces it; and such proposition, while plate visiting belligerent countries merely for pleas-
pending and undetermined, is not a fit topic of di- ure, recreation, touring, or sight-seeing.
* * *
plomatic explanation with any foreign power. It would hardly be practicable, if it were

The joint resolution of 1898 declaring the lawful, to inquire and to distinguish as to all
intervention of the United States to remedy the varying motives which prompt the many
conditions existing in the island of Cuba is re- thousands of people who travel abroad.

Whatever power the State Department ex- OUR CONSTITUTIONAL RIGHTS AND
ercises regarding this or any other matter is BY OUR NEGLIGENCE AND DEFAULT
such and only such as is conferred upon it by PERMIT THE ESTABLISHMENT IN
Clearly a law might be enacted prohibiting EXECUTIVE CONTROL OVER FOR-
American citizens from traveling upon armed EIGN AFFAIRS THAT THE PEOPLE OF
merchantmen that would come within the EUROPE ARE NOW REPENTING AMID
power of Congress to regulate commerce with THE AGONIES OF WAR?
foreign nations. Congress has enacted num- MR. PRESIDENT, THERE NEVER
erous laws in the interest of the safety of pas- WAS A TIME IN HISTORY WHEN IT
sengers. The seaman's law, for example, is in WAS MORE FUNDAMENTALLY IM-
point, as well as the law that steamships carry- PORTANT THAT WE PRESERVE IN-
ing certain high explosives are required not to TACT THE ESSENTIAL PRINCIPLE OF
take passengers, and so a long list of other DEMOCRACY ON WHICH OUR GOV-
laws might be cited. ERNMENT IS FOUNDED—THAT THE
It certainly plain, Mr. President,
would have been entirely within the province
of Congress to have gone much further than The PRESIDING OFFICER. The Senator
merely to warn its citizens. No one could ques-
from Rhode Island.
tion that Congress might legislate on this sub- Mr. COLT. Mr. President, I interrupted
ject. For example, a joint resolution or bill the Senator from North Dakota
[Mr. Mc-
might be passed to the effect that the protec- Cumber] the other day in the course of his
tion provided for in section 2000 of the Re- able speech, and I merely wish to
say a few
vised Statutes should not be accorded to any words now in support of the position I then
citizen, whether native born or naturalized, took.
while traveling on an armed vessel of a bel- Mr. President, it is a settled rule of interna-
ligerent country during the present European
tional law that merchant ships armed for de-
war. Congress might refuse to consider such fense only are as much entitled to
warning be-
veto it if fore destruction as armed merchant
legislation, and the President might ships and ;

still there would be no hence the proposal by Germany to sink all

passed by Congress,
more reason why the President should object armed merchant ships without warning is a
to the introduction and consideration of such violation of international law.
a measure than for his protesting against The real question, then, which is involved
measures proposing disarmament or embargo in the proposition to warn Americans not to
or any other policy that might arouse conflict- travel on armed merchant ships is whether the
ing emotions in the belligerent nations.
United States as a neutral nation should con-
am bound to believe that a more thor- cede to Germany the right to alter a settled
Sir, I
and exhaustive review of all the authori- rule of international law under the existing
ties and precedents will convince all concerned circumstances.
that Congress has still ample power to advise Germany bases her right to change the law
and legislate for the safety and protection of rnainly upon the ground that changed condi-
our citizens far beyond what has yet been pro- tions in modern warfare owing to the inven-
posed. tion of the submarine justify such action.
Mr. President, I have been moved by my This position is
manifestly unsound, because
convictions to submit these observations at ifa belligerent has the legal
right under intcr-^
this time. I believe it to be vital to the safety national law to change existing rules
by rea-
and perpetuity of this Government that Con- son of changed conditions it becomes the
gress should assert and maintain its right to a duty of neutrals to submit to all violations of
voice in declaring and prescribing the foreign international law which the belligerent
policy of the United States. commit in the enforcement of this
legal right.
And, sir, there is a larger international as- It follows, then, that any new invention in the
pect of this question, with its accompanying art of war, or any substantial
change of any
responsibility, that can not be shirked or ig- character in conditions, such as increased fa-
nored. Across the water the nations of Europe cilities for transportation
whereby commerce
are giving their lifeblood in a fratricidal strug- is morereadily carried on between neutral and
gle, which in its inception the people neither belligerent countries, or the increased size of
desired nor sanctioned. merchant ships whereby the right of search at
SHALL WE IN THIS CRISIS OF THE sea becomes more difficult, constitutes a justi-
WORLD'S HISTORY FAIL TO ASSERT fication for the violation by a belligerent of ex-

isting rules of international law, no matter permitted by the laws of maritime warfare,
and warning neutrals from such craft has pre-
how injurious this may be to the rights of neu-
trals. cipitated a crisis in America, fraught with pos-
sible serious consequences. That this attitude
Again, if we concede to Germany the right is opposed to a right as old as international
of altering the rules of international law upon
law itself is not vigorously disputed. That the
the ground of changed conditions, we must
causes underlying its recognition and estab-
concede the same right to Great Britain,
lishment have disappeared, and that the law
France, Russia, Italy, Japan, and Turkey,
itself should therefore not be longer observed
since to concede this right to one belligerent
and to deny it to the other belligerents would may, perhaps, be successfully maintained; but
for a belligerent to declare or assume in a time
manifestly be an unneutral act because it of war that the rule is obsolete and then pro-
would be granting a concession or favor to one
ceed upon its own declaration, is not only in-
which was not granted to others.
defensible in principle but establishes a most
In our note of October 21, 1915, the charges perilous precedent. Any action of ours which
of the
against Great Britain for the violation involves an admission of the right to do this,
rules relating to neutral commerce are sum- or acquiescence in its assertion even under pro-
marized under 35 separate heads. Great
test, can not, in my opinion, be safely done or
Britain's justification for these alleged viola- seriously considered.
tions is baseJ mainly upon changed conditions
in this war. Hence if we concede that Ger- Nor, Mr. President, am I able to concur in
the view either that because the character and
many is rightin her contention, Great Britain
structure of the submarine are incompatible
has a perfect legal answer to our charges; in
with the practice of defensive armament, or
other words, Great Britain stands entirely jus-
that because piracy and privateering have dis-
tified in modifying existing rules relating to
the right of search, blockade, and conditional appeared from the high seas thereby making
its exercise needless, the right of search, seiz-
contraband such as foodstuffs.
ure, and capture with due regard to the lives
The truth of the matter that changed con-
of passengers and of crew, and the rights of
ditions, self-preservation, and retaliation are
neutrals to the carriage of person and of goods
simply the excuses which are urged by bellig- in unarmed enemy vessels should therefore
erents for modifying existing rules of interna- be abridged or disregarded. Until such rights
tional law, and if the United States as a great shall have been modified or abrogated by the
neutral power admits the legal validity of deliberate consensus of maritime nations they
these excuses the result would be the entire should be observed and respected. The law
destruction of neutral rights. of nations was not born yesterday. Its code
Mr. THOMAS. Mr. President, the rights of rules was designed far more for times of
defined war than of peace. It is a combination of
of neutrals on the high seas are clearly
the of international law. They precept and of custom born of the experiences
by principles
have been the subject of much and of fre- and the needs of the past, and crystallized into
war be- essential rules of action and of restraint by the
quent controversy since the present
gan. Great Britain, Germany, and Austria common sense of justice and the common con-
have been charged with repeated infractions sent of civilized communities. It may be true
of these rights, and protests have been regis- that its provisions yield to the strain of great
tered against one or more of them by virtually human crises at times when they are most
all of the neutral nations. These infractions needed, and that the experiences of recurring
have not, generally speaking, been categori- conflicts require the reform and remolding of
cally denied. Rather have they
been explained many of its rules, but it is obviously true that
or defended as due to the exigencies of war- they can not without great danger to the peace
fare, the development of the submarine,
and of neutrals, and therefore to the very fabric of
to a campaign of reprisals made necessary by civilization, be altered or set aside in times
mutual violations of hitherto accepted methods of war as the purposes or the advantage of
of marine warfare. belligerents may suggest. And to us, the only
The recently announced determination of first-class power stillremoved from the deadly
Germany to make war upon all enemy ves- circuit of war, is committed the duty in our
selswithout regard to their character or arma- own, and the interests of all the world, to
ment, because her submarines, at once the maintain these rules and protest against their
most formidable and most helpless engines of disregard by any or all belligerents. It is this
marine destruction ever devised by the malign duty which the American administration has
genius of man, might otherwise
be at the steadfastly and constantly recognized and
mercy of merchantmen armed for defense as soui^ht to discharge.

Mr. President, I have given much anxious ally accepted and acknowledged as law, under
thought to the proposal embodied in the reso- the ^eal of the Republic.
lutions the discussion of which has recently- But if disregarded by any citizen who, un-
agitated both ends of the Capitol. I have been mindful of its suggestion, took passage and
impressed by some of the arguments and by lost his life through the destruction of the ves-
the deep and eloquent convictions of their ad- sel conveying him across the sea, America's
vocates, whose earnestness and whose patri- demand for disavowal and reparation would
otism are above criticism and beyond re- be answered by the curt, though conclusive
proach. I share their abiding horror of war reminder that she had foreclosed her case by
and their desire to avoid it so long as it can be her warning and her citizen had come to his
avoided without impairing the national dig- end by his fatuous disobedience of it. Surely
nity and the national duty. I believe, with this result would follow or the cautionary act
them, that no seemingly trivial cause can jus- would be worse than meaningless. It would
tify the interruption of our peaceful relations be misleading and of no avail. If the warning
with any belligerent. I have been eager to was not without a sanction, if it was not in-
discover, with them, some method of avoid- tended to apprise citizens that their disregard
ing the possibility of collision over the contin- of it would place them beyond the pale of na-
gency of further destruction of American lives tional protection, and they would therefore vio-
upon the high seas. And I regret that I am late it at their peril, it could have no intelli-

altogether unable to accept the propositions gent nor effective purpose, for if intended
embodied in these resolutions as a solution of merely as an official expression of what indi-
the difficulty. I am convinced, as the result vidual conduct with regard to belligerent mer-
of long and anxious and deliberate reflection, chantmen should be, leaving every citizen at
that instead of effectuating a method of avoid- entire liberty to act in all respects as
the warning had not been given, and with the
ing a crisis the principle embodied in the reso-
lutions would commit the Government to a implied assurance that, whatever his conduct,
there would be no diminution of governmental
course of procedure at variance with the con-
ceded law regarding the rights of neutrals at protection, no relaxation of governmental duty
or responsibility to him or to the
sea, and wholly inconsistent with the attitude
country in
the event of disaster, the issuance of the warn-
it has taken on account of the Lusitania trag-
ing would be worse than blunder. It would
edy, and which it has resolutely maintained up approach the dimensions of a great public
to this hour. If I am correct in this view, it
wrong. It would be to trifle with a momentous
would be safer and more satisfactory to retire national crisis, and possibly be productive of
from our past and present contentions than to
consequences for which we would be largely
act upon the spirit of the resolutions. Let me responsible, and subject us, in the contingency
attempt to demonstrate the justice of my con- of disaster, to the grave
charge of encourag-
ing a belligerent to persist in a policy of marine
request or warning by the Government to warfare that we might use it as a pretext for
its from taking passage upon
citizens to refrain a declaration of hostilities. The most earnest
belligerent merchantmen armed for defense is advocate of peace, even of peace at any price,
not the merely cautionary and harmless act there be such, desires the development of

which its advocates assert and believe it to be. no such possibilities as an outcome of his coun-
It must, if issued, be general in its application. try' s diplomacy.
It can not well distinguish between those who It was Mr. Calhoun's contention that sov-
need not and those whose personal or business ereignty is indivisible. It can not inhere in two
exigencies require them to take passage or more governing elements. The Nation and
abroad. It would be the official act of the ad- States can not both possess it. The
to distribute can
ministration, however phrased, and therefore only result in demonstrating
clothed with the importance which authority the impossibility of its divided exercise. One
At home and abroad it or the other must yield in the conflict which
necessarily imparts.
would be interpreted as an official order, the attempted division
inevitably produces.
whether issued by the President at his own This great truth has found demonstration in
instance or at the request of Congress. If American history in every contest between the
obeyed by those to whom directed, it would States and the Nation since April, 1861.
operate as a recognition of Germany's conten- It is equally certain that the President and
tion of the right to sink enemy merchantmen Congress can not concurrently exercise the
carrying any sort of guns as completely and power to shape the national conduct upon an
effectually as though her warning were form- issue like this which involves the very essence

of sovereignty. Joint authority by no means pernicious measure, or a scries of pernicious meas-
ures, ought really to fall. It is shifted from one to
presupposes or secures unity of action. It is
another with so much dexterity and under such
the more likely to cause division and dissen-
plausible appearances that the public opinion is left
sion. The present condition graphically illus- in suspense about the real author. * * * "j ^as
trates the fact. The President has constantly overruled by my councils. The council was so di-
and consistently asserted the rights of neutrals vided in their opinion that it was impossible to ob-
tain any better resolution on the point." These and
at sea. Prominent Members of the Senate and
similar pretexts are constantly at hand, whether
House, equally conscientious and patriotic, true or false. And who is there that would either
differ from the administration and insist upon take the trouble or incur the odium of a strict scru-
a policy which, w^hatever their views may be tiny into the secret springs of the transaction?
and however expressed, will be interpreted by The power to declarewar is committed to
the world as a temporary abandonment of neu- the Congress. This wise provision imposes
tral rights at the dictation of a belligerent, upon the people's representatives the final
which may seriousl}'^ imperil other equally im- word upon the gravest and most important of
portant principles of international law. But national alternatives. with us alone.
It rests
were these gentlemen right and the President The President may not draw the sword save
wrong, the resultant conflict of opinion offi- with our authority, whatever the need may be.
cially expressed would be most deplorable. His foreign policy may, indeed, influence or
Indeed, its serious consequences can not be possibly control our final action, but this does
overestimated. not justify our undue interference with his au-
The fact, therefore, that the lodgment of au- thority. That, under our form of government,
thority over this tremendous question with must be left to that great body of public opin-
both the executive and legislative branches of ion which, in the last analysis, is really the
the Government never could have been intend- Government of the United States. It would
ed by the framers of our Constitution will fully be as appropriate, in my judgment, for the
justify, if justification be needed, our acquies- President to assert the right of jointly exercis-
cence in the sole responsibility of the Execu- ing with Congress the power to declare war as
tive. for the latter body to assert the right to
The makers of the Constitution, after due exercise with the Executive authority to con-
deliberation, intrusted the executive to a single duct our foreign affairs, except as expressly
man. They were convinced that efificiency and authorized by the Constitution. It may be that
responsibility could not be otherwise secured. this was not the wisest arrangement or divi-
Alexander Hamilton, discussing this propo- sion of powers, but I have yet to perceive any-
sition in the Federalist, said :
thing in history or in the inherent merits of
the subject which convinces me that some
Wherever two or more persons are engaged in other scheme would have been wiser or more
any common enterprise or pursuit there is always practicable.
danger of difference of opinion. If it be a public Mr. McCUMBER. Mr. President, yester-
trust or office, in which they are clothed with equal
dignity and authority, there is peculiar danger of day morning the press dispatches contained a
* * *
personal emulation and even animosity. statement, as emanating from the Department
Men often propose a thing merely because they of State, which reads as follows:
have had no agency in planning it or because it may
have been planned by those who they dislike. But Seagoing Americans will presently find themselves
if they have been consulted and have appeared to as eflfectually warned against passage on armed mer-
disapprove, opposition then becomes, in their esti- chantmen as though this Government had in fact
* *
mation, an indispensable duty of self-love.. * put into force either the Gore or the McLemore reso-
No favorable circumstances palliate or atone for the lution.
disadvantages of dissension in the executive depart-
ment. Here they arc pure and unmixed. There is This declaration from the State Department,
no point at which they cease to operate. They serve bearing the earmarks of authenticity, coupled
to embarrass and weaken the execution of the plan with the latest answer of the German Govern-
or measure to which they relate from the first step
to the final conclusion of it. They constantly coun-
ment to the contentions of the United States —
teract those qualities in the Executive which are the which indicated the possibility of an under-
most necessary ingredients in its composition, vigor standing being arrived at between the Govern-
and expedition, and this without any counter-bal- ments and that the German Government might
ancing good. In the conduct of war, in which the
energy of the Executive is the bulwark of the na-
possibly concede the right of merchantmen
tional security, everything would be to be appre- armed for defense only to have all of the rights
hended from its plurality. * * * of unarmed merchantmen and be exempt from
But one of the weightiest objections to a plurality attack without notice — induced me to with-
in the Executive is tends to conceal faults
that it
draw the resolution which I then had pending
and destroy responsibility. * * * It often be-
comes impossible, amidst mutual accusation, to de- before the Senate covering this subject.
termine on whom the blame or the punishment of a Since that time, Mr. President, I notice the

State Department denies that it has any in- tempting to bring the other to its viewpoint.
tention of notifying American people not to The matter is still unsettled. It is still a sub-
travel upon armed liners. But inasmuch as ject of controversy. We are hoping that an
that was not the declaration charged to the agreement will be reached. We are compelled,-
State Department, but, rather, that "seagoing however, to admit that the situation is still
Americans will presently find themselves as delicate and critical.
effectually warned against passage on armed Now, what
is the bounden duty of American
merchantmen as though this Government had citizens under these particular circumstances
in fact put into force either the Gore or the and while these negotiations are proceeding?
McLemore resolution," I assume that the state- If an armed belligerent
passenger vessel is tor-
ment as published was substantially correct. pedoed by a submarine without notice, and the
There is no question, Mr. President, as to life of an American citizen is
destroyed there-
what international law has heretofore been on by, that means either a square backdown by
the subject. The contention of this Govern- one country or the other, or it means war.
ment as to what that law has been is correct. And, Mr. President, if such an event should
There is, however, a question as to whether occur, neither of them could then back down.
international law obtaining before a war may With the hot blood that would be immediately
be modified by a belligerent during war. While
engendered on both sides, the people of each
that question is immaterial to the issue now nation would prevent any retreat.
before the Senate, it has a bearing upon the
bona fides of the claim put forth by the parties Now, let me put this question straight to
involved in the controversy. I do not agree you, Mr. Senator. Would you by your act
that international law can not be modified or bring on such a crisis? Would you forestall
that some of its requirements may not be any possible peaceful settlement of this ques-
tion by your haste or recklessness? Would
changed by a belligerent during the progress this country into war
of a war. While all of those provisions of you plunge by your
international law, founded on justice and hu- audacity? I know what your answer is. You
would not do so. Well, then, if you would not
manity, never should be modified or repudiat- do so, would you be unpatriotic by advising
ed, there may arise many conditions which,
other American citizens, many of whom
by every principle of right, would justify a may
fail to see the seriousness of their act as
nation at war in declining to follow old rules you
see it? Assuming even that your
and which would justify the promulgation of legal right
and that of other American citizens to travel
new rules to cover new conditions. Every na-
on armed merchant vessels, was beyond
tion at war does that very thing. It must any
possible question, would you not feel that it
adapt itself, within proper bounds, to new war was your
environments. International law is not statu- patriotic duty to your country to re-
frainfrom exercising that right? And if that
tory. It is neither made by statute nor modi-
isyour patriotic duty, are you not led by your
fiedby statute. How, then, is it made and
own logic to admit that to exercise that right
how, then, can it be modified? Why, Mr. at this particulartime is therefore unpatriotic?
President, every international rule pertaining
If one course
a patriotic duty, the opposite
to war is made by one or more of the belliger-
course must necessarily be unpatriotic. Can
ents in that war. Every modification is made
in the same way, and it becomes a rule when you then stand here and insist that it is im-
it is acquiesced in by the nations proper to request an American citizen not to
generally. do an unpatriotic thing?
If that were not true, then an international
rule of war could never be changed. No, Mr. President, you can stand here until
And, Mr. President, he must be hidebound, doomsday, weaving your fine-spun theories
indeed, who would deny that the vast changes
about national honor and pride, but you can
in warfare brought about by these divers new never weave a veil so dense as to blind
instrumentalities ofdestruction, would not
own eyes as to the duty of every American
work some change in the rules governing the citizen to refrain from any
unnecessary act
rights, duties, and responsibilities of both neu-
which would operate to plunge his
trals and belligerents. into the vortex of this accursed war.
Secretary Lansing
himself, during this very controversy, has rec- Mr. President, the duty which a nation owes
ognized that new conditions may bring some to its people is akin to that which a
of the old rules within debatable grounds. Rut, owes to his child. If, in some of these feudal
Mr. President, whether the position taken by warfares which so often occur in our own
the central powers has any element of reason- country, two leaders with their factions were
ableness, it is asserted and asserted strongly, j'ttempting to destroy each other, and one
and each Government is now engaged in at- should declare he would kill any person who

should approach within gunshot of his abode, ing that question, you should not by an un-
can I answer the obligations of parental duty necessary assertion of your right, bring on a
by saying to my child, "You have the right to crisis which may not only destroy your own
go there, and if you get killed I shall avenge life which can never be returned to you, but

your death?" Mr. President, I can not answer is sure to bring another family into this feud
the accusations of my own conscience by say- and entail great bloodshed."
ing to such child, "You can do as you please." And, Mr. President, in my humble judg-
I can not fulfill my
duty either to him or to ment, that is what Congress ought to say to
myself unless I advise him to refrain from ex- the American people. By advising my child
ercising that right. I would say to him, "While to refrain from going on dangerous premises
you have the clear right to go there, I am I no way recognize the right of the man
endeavoring to convince this man the wrong- making the threat, nor do I weaken the force
fulness of his threat, and while we are argu- or effectiveness of my own argument.



In the House of Representatives,

knew to be in danger; and many felt, further-
more, that a nation struggling for its life
Friday, February i8, igi6 against a ring of enemies could not in justice
to its own soldiers and to the woiiien and
McLEMORE. Mr. Chairman, I ask
children whom those soldiers were protecting
MR.unanimous remarks
extend to Rec-
in tine
a resolution which
refrain from sinking any and every possible
ord some
I have introduced.
enemy ship which carried in its hold the wea-
pons of death. This opinion was voiced by
The CHAIRMAN. The gentleman from some of America's leading men and held by
Texas asks unanimous consent to extend his more of the plain, straight-thinking people
remarks in the Record. Is there objection?
than the newspapers will admit. However, the
There was no objection. President and other executive officials of the
Nation took the former view, and as the result
EXTENSION OF REMARKS. of long and careful negotiations the German
Mr. McLEMORE. Mr. Speaker, the reso- Government, obviously at the sacrifice of ad-
lution which I have offered for the considera- vantages very precious to a nation at war and
tion of this House was conceived in an earnest as an evidence of most welcome friendship for
desire to contribute toward the clearing of the this Republic, has agreed to accept the Ameri-
dark atmosphere which overhangs the foreign can view as to the impropriety of such use of
relations of this Nation, and was framed with the submarine. Long since Germany promised
painstaking consideration of the many features to modify her submarine warfare in accordance
of the problem and the many points of view with the views set forth by this Government,
from which that problem can be considered. and how well she has kept that promise may
This House pursues from day to day the be appreciated if one reflects on the perfect
healthy, normal course of attending to the ease with which she accomplished the destruc-
proper and pressing business of this Nation, tion of the Lusitania and reflects that she could
which, in the happy nature of events, is now unquestionably have sunk many another liner
at peace; and yet, from time to time, insistent in similar facile fashion had she not refrained
echoes of the terrible tragedy being enacted by solely out of respect to our ideas. Austria-
most of the other great nations of the world Hungary, too, has accepted our rules at a
have intruded into this Chamber, and the most sacrifice of some of her belligerent interests.
optimistic of us must feel a dread certainty One of the German pleas in justification of
that some day we may be called on to make a the sinking of the Lusitania was that that ves-
decision on some points that can not be ig- sel was armed. It was cited that in 1913 she
nored. had been reported, in the New York Tribune,
When the Lusitania, the pride of Britain's as armed; it was proved that she was built
innumerable merchant marine, was destroyed largely with English Government funds under
by the torpedo fired by a German submarine. a contract which specifically provided for her
Americans reacted in two distinct ways. Some armament. Nevertheless the contention of the
held that the German act which had caused the American Government that the Lusitania was
loss, not only of the great ship and her cargo not armed on her last trip seemed to be sus-
of war munitions but also of more than a tained, and upon this point the American Gov-
thousand human lives, including more than a ernment insisted most strongly of all, in bring-
hundred Americans, was a crime and an out- ing the German Government to acknowledge
rage. Others felt at once that those who had that the fatal attack was not justified. In all
lost their lives were themselves primarily to the exchanges between the two Governments,
blame for having traveled on a ship which they it has been understood that the American

ernment stood for the immunity of unarmed to be as follows, quoting from The Washing-
ships from unwarned attacks, and the immuni- ton Evening Star of February 11 :

ty of such ships, carrying non-belligerent pas- TEXT OF THE GERMAN NOTE IN REGARD
sengers and crews, from attack, where it would TO TREATMENT OF ARMED
be impossible for the passengers and crews to MERCHANTMEN.
reach safety. Berlin, February 11.

Now, Mr. Speaker, T do not believe that the The text of the German memorandum is as fol-
German race is a bloodthirsty and cruel race. "Memorandum of the German Govern-
To believe that I should have to hold too low ment regarding treatment of armed merchantmen.
an opinion of American people. There are "Section I. Already, before the outbreak of the
more than 8,000,000 American citizens of Ger- present war, the British Government had given Brit-
ish shipping companies an opportunity to arm mer-
man birth or parentage there are more than
chantmen with guns. Churchill, then First Lord of
20,000,000 Americans of predominant German the Admiralty, on March 26, 1913, gave in the British
stock. An average-sized number of the Con- Parliament a declaration (text in appendix) that the
gressional Record could easily be filled with Admiralty required shipping companies to arm a
number of first-class passenger ships and liners for
the story of their contribution to the growth of
protection against dangers threatening under certain
America in prosperity and culture but that ; circumstances from swift auxiliary cruisers of other
story, from the days when the German farm- powers. These liners, however, were not to assume
ers made a garden of Pennsylvania from the ;
thereby the character of auxiliary cruisers.
"The Government was willing to place at the dis-
days when Herkimer held back the English posal of the companies owning these ships necessary
and their savage Indian allies at Oriskany; guns, adequate munitions and personnel suitable for
from the days when Muehlenberg presided over training gun crews.
the first assembly of this House, to the pres-
ent day, when Germans are preeminent in
"The English companies already acted on the re-
every art and science and business that goes
to make our American civilization —
that story
quests of the Admiralty: The president of the Royal
Mail Steam Packet Co.. Sir Owen Philipps, could
is well known. I could not be proud, as I am inform the stockholders of his company in May, 1913,
that the company's larger steamers had been
proud, of the great and splendid State of Texas,
if I believed that the German race is cruel and equipped with guns.
"The British Admiralty further published in Janu-
treacherous, for the German brand of hyphen- ary, 1914, a list showing that 29 steamers of various
ated American swarms in Texas, and the land English lines carried stern guns.
which they compel to yield fruit and grain, and "In fact, Germany established soon after the out-
break of the war that English liners were armed.
the cities they have builded, give praise to the
For example, the steamer La Correntina, of the
Creator for them. Houlder Line, of Liverpool, which was captured by
And I am convinced that the German peo-
the German auxiliary cruiser Kronprim Friedrich
Wilhelm, carried two 4-pound, 7-inch stern guns,
ple in Germany are mighty like the German- A German submarine also was fired upon in the
Americans whom we all know and honor. And Channel by an English yacht.
so I see no deep and treacherous plot against
innocent lives when the German Government THEIR LEGAL STATUS.
solemnly states to the American Government
"II. Regarding the character of armed merchant-
men, according to international law: The British
that they have accumulated proof, through
Government for its own merchantmen has taken the
many months of warfare, that the English standpoint that such ships maintain the character of
Government has played false in arming its peaceful mercantile vessels so long as they carry
merchant marine with guns under the name of armament only for defensive purposes. The British
ambassador at Washington, accordingly gave the
"defensive armament." at the same time giv- American Government, in a communication dated
ing secret instructions that those presumably August 25, 1914 (Exhibit 2), most sweeping assur-
peaceful ships, with their "defensive arma- ances that British merchantmen were never armed
for purposes of offense, only defense, and that they
ment," should take the offensive against Ger- therefore would never fire unless fired upon first.
man submarines. I do not condemn the Eng- "The British Government, on the other hand, had
lish Government unheard but I am anxious
in the case of armed ships under other flags adopted
to examine that proof, and meanwhile I am the principle that they were to be treated as war-
anxious to judge the situation which has arisen ships and expressly ordered in the prize-court rules
published in an order in council, August 5, 1914,
in the light of American common sense, Ameri- under No. 1, Order 1, that 'a ship of war shall in-
can fairness and American neutrality. clude an armed ship.'
"The German Government has no doubt that mer-
The German Government has submitted to chantmen acquire a belligerent character through
the American Government a memorandum, arming with cannon, no matter whether the guns
which has not yet been officially given out by shall serve only for defense or for attack. It con-
siders every warlike activity of enemy merchantmen
the State Department, but which is reported
as contrary to international law, although it also
by the newspapers as cabled through London, takes into consideration the opposing view through

the fact that it treats the crews of such ships not as APPLICATION IS UNLIMITED.
pirates, but as belligerents. "In all these orders, which do not simply confine
"Its standpoint is specified in detail in a memoran- themselves to the naval warfare zone around Eng-
dum communicated October, 1914, to the American land, but are unlimited in their sphere of application
Government, and content to other neutral powers,
in (compare for Mediterranean Appendix 12), the great-
regarding the treatment of armed merchantmen in est emphasis is laid on keeping them secret, and ob-
neutral harbors (Appendix 3). viously with the purpose of keeping hidden from the
"The neutral powers have adopted the Brit-
in part enemy as well as neutral the conduct of merchant
ish view, and, accordingly,have allowed armed mer- ships, which is opposed to international law and the
chantmen of belligerent powers to remain in their British assurances (Appendix 2).
borders and roadsteads, not restricted to the limits "By this rendered clear that armed English
it is
which they have imposed on warships by their neu- merchant ships have official commission treacherous-
trality declaration. Some, however, have adopted ly to attack German submarines everywhere when
the opposite standpoint, and subjected merchantmen —
they come near them that is, to wage war against
of belligerents to the neutrality rules effective in them unscrupulously. Inasmuch as England's rule.'^
the case of warships. for naval warfare are taken over by her allies as a
"III. In the course of the war the arming of matter of course, it must be considered that proof
British merchantmen was carried out rnore and more has also been adduced with respect to armed mer-
generally. Numerous cases came to light from the chant ships of the other enemy States.
reports of the German naval forces in which British "IV. (1). Under the circumstances adduced above
merchantmen not only offered armed resistance to enemy merchant ships which are armed with guns
German warships, but, on their own part, proceeded have no right longer to be considered as peaceful
without further ado to attack them, in which at- merchant ships. The German sea forces will there-
tacks they frequently made use of false colors. fore, after a short period designed to protect the
rights of neutrals, receive an order to treat such ships
"A compendium of such cases is given in Appendix "(2). The German Government informs the neu-
4, which, from the nature of the case, can comprise tralpowers of this state of affairs in order that they
only a part of the attacks actually made. The com- can warn their subjects from further intrusting their
pendium also shows that the described procedure persons or property to armed merchant ships of
was not limited to English merchantmen, but was the powers at war with the German Empire."
imitated by merchantmen of England's allies.
'The explanation of the described procedure of APPENDICES TO GERMAN NOTE INCLUDE
armed English merchantmen is contained in con-
fidential instructions of the British Admiralty, which
are photographically reproduced in Appendices S BRITISH ADMIRALTY.
to 12, found by German naval forces upon a captured BERLIN, February 10.

ship. These instructions regulate in detail artillery The appendices attached to the German memoran-
attacks of English merchantmen upon German sub- dum notifying neutral nations that armed merchant-
marines. They contain precise regulations concern- men belonging to countries at war with Germany
ing the reception, treatment, activity, and control of will be considered warships include alleged secret
British gun crews taken over from merchant ships, instructions by the British Admiralty found, on the
who, for example, must not wear uniforms in neutral British steamer Woodfield. The Woodfield was sunk
harbors, and hence obviously belong to the British November 3 last. A
list of the crew aboard showe<^
war marine. a gun captain and gun crew from the navy on board
"Above all, however, it is made manifest there- the vessel. The instructions opened by declaring:
from that armed ships do not wait for any action of "The ratings embarked as a gun crew will sign
German submarines under the laws of the sea, but the ship's articles at the rate of pay communicated.
are to attack them without further ado. * * *
Ratings are not required for duties not con-
nected with armament except in case of emergency.
They are to keep watch at sea and also
"In this regard the following regulations are espe- when the ship is anchored at any place where it is
liable to attack by a submarine. They will not mess
cially instructive:
with the crew, but in one of the officers' messes.
"(a) The 'rules for use of merchant ships which
are armed for defense purposes' (Appendices 5 and Uniforms will not be worn in neutral ports."
The next section, under the title, "Drill and main-
6) declare in article (battle) under section 4 that
'it is not advisable to open fire at a greater distance
tenance of guns," gives instructions for supplement-
than 800 yards, unless the enemy has already opened ing the gun crew from the regular members of the
crew, for the supply of ammunition, gun practice, and
so forth.
"According to this, a merchant ship is in principle
obligated to open fire without regard to the conduct
of the submarine. CONTROLS SHIP IN ACTION.
"(b) The 'advices concerning submarines, issued The third section, which is headed "Action," opens
for ships that are armed for defense purposes' (Ap- as follows:
pendices 9 and 10) prescribe under section 3: 'If a "The master is responsible for the handling of the
submarine is obviously pursuing a ship by day, and it ship and the opening and ceasing fire."
is evident to the ship's master that she has hostile It then prescribes regulations for fighting subma-
intentions, the ship pursued shall open fire in self- rines, among them being the following: "It is to be
defense, notwithstanding that she (submarine) may remembered that 'over' shots are useless. short A
not have committed any definite hostile act, such as shot, by causing a splash confuses the enemy and
firing a gun or torpedo.' may ricochet into the enemy. If the shell bursts
"To this also the simple appearance of a sub- on striking the water, as it usually does, some frag-
marine in the wake of a merchantman suffices as the ments are likely to hit the enemy. To get the best
occasion for an armed attack. results at least half the shots should fall short.

* * *
It is inadvisable to open fire at a range masters of transports carrying troops on the use of
farther than 800 yards." rifle and machine-gun fire against enemy subma-
The final section of the instructions for firing prac- rines or torpedo craft. The final appendix repro-
tice prescribes that practice shall take place out of duces typewritten instructions to British merchant-
sight of land and of other ships. men in the Mediterranean. It was issued at Malta in
Appendix No. 6 is a duplicate copy of the pre- June, 1915, and orders the merchantmen, among
ceding, except that the provision regarding the gun other things, "to carry out the procedure recom-
crews messing with the officers is blocked out. mended by the Admiralty in the printed instruc-
tions if a hostile submarine is sighted."
7 contains an addenda
On the basis of the allegations set forth in
Appendix No. to the pre-
that memorandiim as to the conduct recom-
ceding instructions.
Appendix No. 8 contains on its title page the fol- mended to English so-called nonbelligerent
lowing: vessels by the English Admiralty, and fol-
"Drill book for 12-pounder quick-firing guns. Is-
lowed by those English vessels, the German
sued to defensively armed merchant ships. Admiral-
Government announces that after February 29
ty gunnery branch, May, 1915."
The contents of this book are only of military in- German submarines will sink on sight any
enemy ship which displays guns. Now, let us
Appendix No. 9 is headed: "Confidential: In no see ifbe a simple matter or a complex one.
circumstances is this paper to be allowed to fall into
the hands of the enemy." It gives instructions re-
To meit seems a very simple matter. If

garding submarines, and is applicable to vessels car- such things as private feuds existed under the
rying armament specified in the article of February same ultimate sanctions as make war a last
25, 1915. It was evidently superseded by instruc-
resort of nations, and if I were a party to such
tions similarly headed and issued in April, 1915,
which are photographically reproduced in appendix a feud, and if I met a member of the other
10, as follows: faction, and he had a perfectly capable auto-
"1. Defensively armed vessels should follow gen- matic gun in his hand, cocked and pointed at
erally the instructions of ordinary merchant
In submarine waters guns should be kept in
me, I would not place much faith in his as-
readiness for instant use. surance that he was armed "for defense only,"
Rather, I would reach for own gun and
SHIP SHOULD OPEN FIRE. endeavor to get the first shot. If I met a mem-
"3. If a submarine
is obviously pursuing a ship
ber of the other faction unarmed, and he said,
by day and evident to the master that she has
"I am not one of the belligerent members of

hostile intentions the ship pursued should open fire

in self-defense, notwithstanding the submarine may my clan, but only a fetcher and carrier of their
not have committed a definite hostile act, such as food and raiment," I would spare that man;
firing a gun or a torpedo. but if he said those words to me and at the
"4. In view of the great difficulty in distinguish-
same time uncovered his shooting iron, I would
ing friend or enemy at night, fire should not be
shoot him for his treachery; for I would know
opened after dark unless it is absolutely certain
that the vessel fired at is hostile. very well that a shot from his "defensive gun"
"5. Before opening fire, hoist British colors under would kill me just as quick as a shot from an
neutral colors. "offensive gun," and that I should be just as
"6. If a defensively armed vessel is pursued by
a submarine, the master has two alternatives: (a) To
dead in the one case as in the other.
open fire at long range immediately it becomes cer- And think that a shot from a "defensive
tain that the submarine really is in pursuit, or (b)
to restrain fire until submarine has come into range,
gun" on the deck of an English, French, or
Italian vessel will sink a German submarine
say, 800 yards, at which the fire is likely to be
eflfective. In view of the great difficulty of distin- and send its crew on their awful last journey
guishing between a friendly submarine at long range as quickly as a shot from an "offensive gun."
(one British submarine already has been fired at by
It seems to me that it is not the concern of
a merchant vessel which erroneously supposed her-
self pursued by a submarine) it is strongly recom- the American Government or the American
mended that course (b) should be adopted by all people whether an English merchant vessel,
defensively armed ships. armed with a "defensive gun," manages to
sink a German submarine or not. It seems to
U-BOAT'S FLAG NO GUIDE. me equally none of our business whether or
"7. A submarine's flag is no guide to her national-
not a German submarine manages to sink the
ity, as German submarines frequently fly the Brit- y
English vessel so armed. I would greatly ad-
ish colors.
"8. Vessels carrying defensive armament and pro- mire the pluck of the English people in their
ceeding to neutral ports must not be painted with insistence on fighting the submarine peril at
neutral colors or fly a neutral flag.
"9. recommended that in neutral ports, par-
It is every turn, by every means, if they would
ticularly those of Spain, armaments should be con- frankly avow that purpose as one of their ways
cealed, as far as possible. A canvas cover is recom- of conducting this war and would frankly con-
mended for this purpose." sider an encounter between a German submar-
Masters are instructed to keep the above paper
ine and an armed English vessel as a naval
where it can be destroyed at a moment's notice.
The eleventh appendix gives a memorandum for combat, with victory belonging to the bravest

or the most skillful or the favorite of the awful repudiated attack on the Arabic, the German
and inscrutable god of battle. But the present submarines have been continually active, but
English plea that an English ship is to be al- they have not violated the rules of the game
lowed to tote a gun and yet not be considered as announced by America. The present ad-
a fighting ship, is to be allowed all the advant- ministration can not be accused of slowness
ages of armament but be exempt from all the or reluctance to call Germany sharply to ac-
penalties, does not impress my American mind. count upon any necessary occasion. The Eng-
And if I suspect that England seeks to hide lish plea that they can not trust Germany is
behind the coat tails of Uncle Sam, seeks to almost an insult to the American people's in-
lure Americans on her armed ships as they sail telligence. But if Germany can submit proofs
out, hoping and praying that they may "pot" that English ships carrying "defensive guns"
a submarine, and then expects America to step can not be trusted, if Germany can prove that
in and do her fighting for her if an American English merchant ships have violated the rules
citizen loses his life, then I am quick to resent and have actually fired on and sunk German
that conduct, and to resent it to the best of submarines, then it seems to me that what
my ability. England wishes us to do is just this England

The law of maritime warfare as it affects the wishes us to say to Germany. "You must let
the English have the first shot. Under penalty
rights of unarmed merchant ships is now un-
of our displeasure you must let the English
disputed by any nation. Such ships may not
be sunk offhand nor without provision for their ship always have the first shot. If you see a
passengers and crews. But such ships must gun on an English ship pointing at you, you
not refuse to halt if hailed by an enemy war- must not fire on that ship until after that ship
has fired on you then you may fire, if you are
ship, and must not resist the exercise of the

and search. able." Mr. Speaker, if we take that attitude,

right of visit Every nation is
a merchant ship so will it not justify the words spoken in this
agreed perfectly that if

be sunk without pity. Chamber a few days ago that "we are one of
flees or so resists it may
And now, Mr. the allies"?
Speaker, we come to a simple
And, Mr. Speaker, is there a Member here
question, which, it seems to me, the English
casuists are trying mightily to obscure. If who would consent, in the event of our coun-
England agrees to that law, as she does, and if try being involved in a war, that the brave
England maintains that in arming her mer- commanders and crews of our submarines
chant ships she does not intend them to vio- should be sent into action, sent out to sea,
late that law, and she does so maintain, then under such orders, under such suicidal restric-
can any man tell me why England insists on tions as that? Certainly not!
arming such ships? Could Sir Edward Grey, Mr. Speaker, for several days the reports in
with all his subtlety of mind and tongue, come the newspapers indicated that this Government
upon this floor and convince anyone here that saw the justice, the inevitable logic, the plain
the safe, sane, plain procedure would not be to common sense of the arguments underlying
send such ships forth, like the merchant ships the announced intention of the German Gov-
of any other nation, unarmed? If the object is ernment and the Austro-Hungarian Govern-
to prevent the sinking of such ships as are not ment to sink armed enemy vessels at sight.
forfeit by reason of carrying contraband, if the
Then, suddenly, there was a total and almost
object is to prevent the sinking of such ships entire reversal of position. Are we to believe
without warning, then why not send them out that the threats which the English representa-
unarmed and instructed to obey the rules of tives here have dared to make, that if we act
the sea and play the game fairly? The only
according to truth and fact they will punish
answer the English seem to give, when cor- us by refusing us ships for our merchandise?
nered with this question, is that Germany can ARE WE TO BELIEVE THAT THESE
not be trusted to play fairly. Mr. Speaker, that THREATS HAVE BEEN POTENT? I can
sounds to me very much like an unmanly not believe this thing. There are men
in both
whine. I feel very fully convinced that the Houses of Congress who have
introduced bills
world is quite tired of the English device of to put an embargo on munitions of war, the
blackguarding her enemies, of calling them food of death with which we are now feeding
names, and spreading about them stories Europe. There are bills in Congress to retali-
which, for the credit of humanity, I am glad ate against that proud nation which boasts that
to note have been time after time disproved. she rules the sea and whose manner of ruling
England filled the world with similar ideas it since this war
began has inflicted on us a
about Americans in 1776 and 1812. Since the train of wrongs which would make the griev-
sinking of the Lusitania and the mistaken and ances set forth in the Declaration of Indepen-

dence look mere selfish whine. There are
like a United States photographic facsimiles of alleged
secret orders of the British government which
men in the Congress who believe that we secret orders direct that such so-called "defensive
should forbid our citizens taking passage on any armament for merchant ships" shall be used of-
belligerent ship which carries contraband of war, fensively and shall be manned and directed by
whether armed or not, because the business of naval officers and men of the navy of Great Brit-
ain, and that such so-called "defensive armament
carrying contraband is a dangerous business for merchant ships" and such naval officers and
and war is bloody work, and no nation is to be men shall be, as far as possible, concealed and dis-
greatly blamed if its naval vessels sink vessels guised when in neutral waters and ports, with the
of the enemy carrying contraband, carrying evident intention to deceive; and
munitions of war to kill their fellow country- Whereas the only possible use for a "defensive gun"
is the same as the use for an "offensive gun,"
men. I feel sure that American naval com-
namely, to shoot and, if possible, destroy or
manders would act so, with the approval of damage the enemy ship, whether submarine or
the American people, if we were at war. And I other naval craft; and
believe these are the sentiments of the great Whereas the Government of the United States has
majority of plain Americans. Shall we then, no desire and no right to dictate to any of the
when we merely propose to warn our citizens powers whether they shall arm their merchant
to stay off belligerent ships which are actually ships with guns or other armament or not, and
has no interest in the success or failure of such
armed, which actually invite destruction, shall ships so armed in using their armaments in the
we be bullied out of that purpose by any na- only way in which they could be effectively used,
tion or by any threats? Rather, I should say, namely, in destroying or injuring enemy subma-
rines or other naval vessels; and
answer such nation by a prohibition against
all their ships and by an embargo on the muni-
Whereas the Government of the United States has
no interest in the success or failure of the sub-
tions which alone enable them to continue this marines or other naval vessels of any power in
bloody and cruel war. escaping or destroying such merchant ships so
armed and has no desire or right to dictate to
But let us at least be firm in this matter of any of the powers what steps they shall take to
refusing to be a stalking horse for the game of protect their vital interests and pursue their legiti-
shooting submarines with "defensive guns." mate belligerent operations; and
Let us keep our people off such ships or let Whereas the Government of the United States can
them go at their own peril, not involving us in not look upon any naval engagement between any
armed ships of opposing belligerent powers, no
any result. Let us compel the belligerents, matter how such ships, or any one of such ships,
both of them, to play fair and be men, do their may be designated or disguised, as other than a
best for their own cause, and not whine about naval engagement undertaken by each belligerent
the result or run to your Uncle Sam for pro- with the purpose of destroying the other belliger-
ent ships and the lives of the people thereon; and
tection. Let us remember that the note which
Mr. Lansing sent to all the powers at war, Whereas, while it is indifferent as to quibbles about
such terms as "offensive" and "defensive" as ap-
suggesting a set of rules for submarine warfare plied to guns on ships of powers at war, the
— a note which, to my mind, was the most Government of the United States is vitally con-
constructive, intelligent, and humane stroke of cerned to offer its own citizens the best possible
advice, counsel, and assistance in avoiding the
statesmanship that has yet been brought forth

by this war let us remember that this note
hazards of war: and
Whereas the Governments of Germany and Austria-
is the very basis of the German and Austro-
Hungary have given the Government of the United
Hungarian position. Let us stand by that note States positive assurances that unarmed ships car-
and let us warn every American that he, too, rying chiefly nonbelligerent passengers will not
individually, must stand by it in

be sunk unless while resisting the right of visit
tions or take the consequences.
all its implica- —
and search unless it is certain that the nonbel-
ligerent passengers can be removed to a place o'
safety; and
HOUSE RESOLUTION 143. T.lrn,"^'^^ Whereas the Government of the United States is

vitally interested to preserve to its own warships,

[The "McLemore Resolution."] submarine and other war vessels, full necessary
freedom of action against an enemy, whether
Whereas theGovernments of two of the powers at avowed or disguised, in any possible future war:
present in war in Europe and on the high seas have Therefore be it
informed all neutral powers of their intention to
instruct the commanders of their submarine naval Resolved, That the House of Representatives of
vessels to attack upon sight after February 29 all the Sixty-fourth Congress of the United States do,
armed vessels of their enemies, whether such and it hereby solemnly does, request the President
armed vessels are admittedly naval vessels or carry to warn all American citizens, within the borders
their armaments under the name and guise of "de- of the United States or its possessions or elsewhere,
fensive armament for merchant ships"; and to refrainfrom traveling on any and all ships of any
Whereas the government of Germany, one of the and all the powers now or in future at war;
powers which have so informed the neutral pow- which ship or ships shall mount guns, whether such
ers, has submitted to the Government of the ship be frankly avowed a part of the naval forces of

the power whose flag it flies, or shall be called a chairman of the Committee on Foreign Rela-
merchant ship, or otherwise, and whether such giin
or guns or other armament be called "offensive" or tions of the Senate, and the President's reply
"defensive"; and in case American citizens do travel thereto. These letters are as follows :

on such armed belligerent ships that they do so

at their own risk. DEAR MR. PRESIDENT: Since Senator Kern,
That when the President of the United States or Mr. Flood, and I talked with you on Monday
the Secretary of State shall come into possession of evening, I am more troubled than I have been for
the actual memorandum of the German Government, many a day. I have not felt authorized to repeat
containing photographic facsimiles of alleged secret our conversation, but I have attempted, in response
instructions issued by the British Government, to numerous inquiries from my colleagues, to state
which alleged secret instructions direct that so- to them, within the confidence that they should
called "defensive armament for merchant ships" shall observe, my general understanding of your attitude.
be used offensively, and that so-called "defensive I have stated my understanding of your attitude
armament for merchant ships" shall be manned to be substantially as follows:
and directed by naval officers and men of the _
That while you would deeply regret the rejec-
Navy of Great Britain, and that such so-called tion by Great Britain of Mr. Lansing's proposal
"defensive armament for merchant ships" and such for the disarmament of merchant vessels of the
naval officers and men shall be, as far as possible, allies, with the understanding that Germany and her
concealed and disguised when in neutral waters and allies would not fire upon a merchant ship if she
ports, with the evident intention to deceive, the hauled to when summoned, not attempting to es-
President of the United States or the Secretary cape, and that the German warships would only
of State shall, at the earliest possible exercise the admitted right of visitation and cap-
transmit such actual memorandum of the German ture, and would not destroy the captured ship
Government, with such facsimiles of alleged secret except in circumstances that reasonably assured
instructions of the British Government, and with all the safety of passengers and crew, you were of
appendices whatsoever, to the Speaker of the House, the opinion that if Great Britain and her allies re-
that it and they may be laid before the House for its jected the proposal and insisted upon arming her
full information and for its assistance in merchant ships she would be within her right under
its duty and function of international law.
guarding the welfare of the
country and its citizens and for its assistance in per- Also that you would feel disposed to allow armed
forming its constitutional duty of advising the Presi- vessels to be cleared from our ports; also that you
dent of the United States with regard to foreign are not favorably disposed to the idea of this Gov-
relations. ernment taking any definite steps toward prevent-
That the House expresses the determination of ing American citizens from embarking upon armed
the people and Government of the United States merchant vessels.
both to uphold all American rights and to exercise Furthermore, that you would consider it your duty,
care, consideration, and wisdom in avoiding actions if a German warship should fire upon an armed
which tend to bring American citizens and Ameri- rnerchant vessel of the enemy upon which American
can interests into the zone of conflict where the citizens were passengers, to hold Germany to strict
passions of war are raging. account.
Numerous Members of the Senate and the House
have called to discuss this subject with me. I have'
felt that the Members two Houses who are
of the
to deal with this grave question were entitled to
In the House of Representatives, know the situation we are confronting, as I unr'er-
stand it to be.
Tuesday, February 2Q, iqi6
I think I should say to you that the Members of
Mr. MONDELL. Mr. both Houses feel deeply concerned and disturbed
Chairman, for some
days m the recent past the newspapers of the by what they read and hear. I have heard of some
talk to the effect that some are saying that, after
country were filled with more or less exagger- all, itmay be possible that the program of prepared-
ated accounts of alleged ness, so-called, has some relation to such a situa-
disagreements be-
tween the President and members of his tion as we are now called upon to meet.
m Congress as to whether, in the light of the
I have counseled all who have talked with
to keep cool; that this whole business is still the
attitude of certain of the
warring countries of subject of diplomacy, and that you are striving to
Km-ope relative to the practice and eflfect of the utmost to bring about some peaceable adjust-
arhimg merchantmen, it were wise, expedient, ment, and that in the meantime Congress should be
or proper for the administration or careful not to "ball up" a diplomatic situation by
Congress kind of hasty and ill-considered action. However,
to warn or prohibit American citizens
from the situation in Congress is such as to excite a
sailmg on armed merchant vessels bound for sense of deep concern in the minds of careful and
the theater of war. thoughtful men. I have felt that it is due to
to say this much.
On this side of the House we are not sup- I think you understand
my personal attitude with
posed to be informed as to what transpired at respect to this subject. As much and as deeply as
conferences between Democratic Members of I would hate to radically disagree with
you, I find
it difficult for my sense of duty and
Congress and the President. The public has, responsibility to
consent to plunge this Nation into the vortex of
however, been enlightened as to certain views this world war because of the unreasonable ob-
held and expressed by those who stinacy of any of the powers, upon the one hand,
in these conferences or, on the other hand, of foolhardiness, amounting
through a certain letter to a sort of moral treason against the Republic, of
written to the President by Senator
Stone, our people recklessly risking their lives on armed

belligerent ships, I can not escape the conviction we allowed expediency to take the place of principle
that such would be so monstrous as to be inde- the door would inevitably be opened to still further
fensible. concessions. Once accept a single abatement of
I want to be with you and to stand
by you, and right, and many other humiliations would certainly
I mean to do so up to the last limit;
and I want follow, and the whole fine fabric of international law
to talk with you and Secretary Lansing with the might crumble under our hands piece by piece.

utmost frankness to confer with you and have your What we are contending for in this matter is of the

judgment and counsel and I want to be kept ad- very essence of the things that have made America
vised as to the course of events, as it seems to a sovereign nation. She can not yield them with-
me I am entitled to be. out conceding her own impotency as a Nation
In the meantime I am striving to prevent any- and making virtual surrender of her independent
thing being done by any Senator or Member cal- position among the nations of the world.
culated to embarrass your diplomatic negotiations. I am speaking, my dear Senator, in deep solemnity,
Up to the last you should be left free to act dip- without heat, with a clear consciousness of the
lomatically as you think for the best to settle the high responsibilities of my office and as your sin-
questions involved. I need hardly say that my wish cere and devoted friend. If we should unhappily
is to help, not to hinder, you. differ, we shall differ as friends, but where issues
With the highest regard and most sympathetic so momentous as these are involved we must, just
consideration, I have the honor, Mr. President, to be because we are friends, speak our minds without
Very sincerely, yours, WM. STONE. reservation.

To this letter the President replied as fol-

Faithfully yours, WOODROW WILSON
lows: One paragraph of Senator Stone's letter
is particularly clear and forceful. After stat-
MY DEAR SENATOR: I very warmly appre-
ing- that he understood the President was not
ciate your kind and frank letter of today, and feel
that it calls for an equally frank reply. favorably disposed to the idea of this Govern-
You are right in assuming that I shall do every- ment taking- any definite steps toward pre-
thing in my power to keep the United States out venting American citizens from embarking on
of war. I think the country will feel no uneasi-
ness about my course in that respect.
armed merchant vessels, he said among other
many anxious months I have striven for that ob- things:
ject, amid difficulties more manifold than can have I find it difficult for my sense of duty and re-
been apparent upon the surface, and so far I have sponsibility to consent to plunge this Nation into
succeeded. I do not doubt that I shall continue to the vortex of this world w^ar because of the un-
succeed. The course which the central European reasonable obstinacy of any of the powers upon
powers have announced their intention of following the one hand, or on the other, of foolhardiness
in the future with regard to undersea warfare seems amounting to a sort of moral treason against the
for the moment to threaten insuperable obstacles, Republic of our people recklessly risking their lives
but apparent meaning is so manifestly incon-
its on armed ships. I cannot escape the conviction that
sistent with explicit assurances recently given us such would be so monstrous as to be indefensible.
by those powers with regard to their treatment of
merchant vessels on the high seas that I must be- In his answer to this letter of Senator
lieve that explanations will presently ensue which Stone, it will be noted that the President,
will put a different aspect upon it. We have had among other things, wrote as follows :

no reason to question their good faith or their

For my own part. I cannot consent to any abridg-
fidelity to their promises in the past, and I for one
ment of the rights of American citizens in any re-
feel confident that we shall have none in the future.
But in any event our duty is clear. No nation, no spect —
group of nations has the right, while war is in prog- And so forth.
ress, to alter or disregard the principles which all Those are fine bold words. Taken from
nations have agreed upon in mitigation of the hor- their context and adopted as a rule and guide
rors and sufferings of war; and if the clear rights of
for the conduct of our foreign aflFairs, there is
American citizens should very unhappily be abridged
or denied by any such action, we should, it seems to no one under the flag but would applaud them.
me. have in honor no choice as to what our own When, however, we take into consideration
course should be. the conditions under which they were used, the
For own part, I can not consent to any abridg-
my situation to which they were addressed, I am
ment of the rights of American citizens in any re-
spect. The honor and self-respect of the Nation is at a loss to know whether the picture they
involved. We
covet peace, and shall preserve it conjure up is that of Ajax defying the light-
at any cost but the loss of honor. To forbid our ning or Falstaff on parade.
people to exercise their rights for fear we might be "For my own part I can not consent to any
called upon to vindicate them would be a deep humili-
ation indeed. would be an
implicit, all but an ex-
It abridgment of the rights of American citi-
plicit, acquiescence in the
violation of the rights zens in any respect." Fine words! Splendid
of mankind everywhere and of whatever nation or sentiments! How unfortunate it is that the
allegiance. It would be a deliberate abdication of
our hitherto proud position as spokesmen, even amid President could not have uttered and acted up-
the turmoil of war, for the law and the right. It on them three years ago and in the period
would make everything this Government has at- that has intervened during which time the ad-
tempted and everything that it has accomplished ministration has done little else than not
during this terrible struggle of nations meaningless
and futile. only consent but actually connive at and
It is important to reflect that if in this instance weakly and supinely submit to the abridg-

ment of the rights of American citizens in have been the victims of the lust and fury of a
Mexico. Those were rights clearly defined by Mexican mob. As it was, they were for hours
solemn treaty; fundamental rights ques- tortured by the fear of death, and worse, and
tioned or challenged by none. The right to American men were compelled to stand
live, to liberty, residence and the conduct of by helpless and defenseless, in the presence of
lawful business. their wives and little ones, while every foul
What a difference between the fundamental epithet and every unprintable insult the Span-
and treaty rights of American citizens in Mex- ish tongue is capable of uttering was heaped
ico and the alleged rights for which with fine upon them.
Falstaffian fury it is now propoesed to con- Fifty thousand Americans lawfully and
tend. Theexercise of those rights could by peacefully living in Mexico were warned by
no possibility of itself create a condition of
their Government to abandon their rights

friction, misunderstanding, or conflict.

and compelled to leave their homes and prop-
were the natural, normal, and reasonable erty because their Government refused to af-
ford them protection. American women were
rights which all the world recognizes, which
all nations agree to respect, and all nations outraged. Hundreds of Americans, many of
are expected to maintain. On the contrary, them wearing the uniform of their country,
the alleged rights to which the President re- were killed; scores of them on our own soil.
fers are in some of their aspects to a greater
Millions of American property was destroyed
or less degree challenged by all the world.
or confiscated. The American flag was spit
Their exercise is not necessary to the comfort upon, dragged in the streets, trampled into the
or happiness of any citizen, and even under the
dust. American rights were everywhere
most favorable circumstances imaginable is flaunted,American prestige destroyed, Amer-
ican honor besmirched. And after all this, no
likely to end disastrously for the individual
and embroil the Nation in war over the fool- part of which has been remedied to this day,
the President tells us that he "can not consent
hardy adventure of some philandering citizen. to any abridgmentof American rights."
What a pity the President could not have Whatare the alleged rights for which the
put in action his fine words of to-day instead President contends so stoutly, in regard to
of calling on our citizens, miners, merchants,
which he thunders so valiantly in the index?
and professional men in Mexico to abandon
Whatever definition may be given them, with
their rights, their homes, and their property.
a view of misleading and
How about the rights of colonies of American confusing the public
mind, with a view of dodging or clouding the
farmers in Mexico, who by their toil, energy,
real issue, the alleged rights contended for are
and sacrifice had transformed desert places the right, if it be a right, to travel on a
into fruitful fields, established their homes, ship
and enhanced the honor of the American carrying guns more effective by far than any
name. Without an effort to protect them gun carried on the greatest man-of-war in the
old days of the armed merchantmen
worthy of the name all these were abandoned guns that

vvould be effective against not

to their fate and given notice to leave, with the only subma-
rines, but unarmored cruisers; guns that are
inference, which ripened into fact, that they intended and expected to be used to
would secure no protection if they remained. deny the
right and prevent the act of search and seiz-
"I can not consent to any abridgment of
ure; guns which make the merchantman in
the rights of American citizens," said the Pres- fact an effective fighting ship, equipped' to
ident. How about the rights of American citi-

zens in and about Tampico men, women, and
fight, instructed to fight,
and expected to fight.
do not intend to go into a detailed dis-
children. Their rights were not only abridged;
cussion of the right of merchantmen to arm.
they were wantonly denied. With full knowl- I am
perfecty willing to admit that a century
edge on the part of the administration, as ago, and before, merchantmen were quite gen-
shown by the official records, of the desperate
erally armed, and that our courts held in the
plight of these people, they were over the re-
early part of the last century that a merchant-
peated protests of the American naval com- man had the right to arm for defense. It is
mander abandoned to the mercy of an in- true that at that time, and even
later, some of
furiated, drunken, outrageously abusive, in- the authorities held that a merchantman was
sulting and murderous mob. But for the pres- justified in using his defensive armament, if
ence of English and German ships and the he was attacked, in an offensive
way, even to
prompt action of English and German com- the extent of overcoming and

manders, hundreds of Americans men, wom-
capturing his
enemy, if possible. It is true that all this arm-
en, and little children, abandoned to their ing of merchantmen was a part of the general
fate by direct orders from Washington —
would practice of the time of carrying arms on shore

and sea. It was the practice of the sea, com- for salute, were practically unknown on mer-
parable to the practice on shore in turbulent chantmen. The fact is that the civilized world
times, of going armed, and under which peo- never unitedly accepted the doctrine of armed
ple of consequence never ventured abroad save merchantmen. France refused to do so. So
with their armed guards. far as there was general agreement, it was lim-
Mr. FESS. Will the gentleman yield? ited to the right to arm against attack by
Mr. MONDELL. I will yield to the gentle- piratical or irregular craft, including priva-
man from Ohio. teers. There never was definite agreement
Mr. FESS. Does the gentleman have in his among the nations that merchantmen could
possession Mr. Lansing's note that was made arm or as to the extent to which a merchant-
public on the 12th of this month, in reference man's armament could be used, but it was
to that very question, and from which the seldom, if ever, of a character to make it effec-
President's letter to Mr. Stone differs? tive or tempt its use against the regular war-
Mr. MONDELL. have Mr. Lansing's note
I craft of the enemy. Furthermore, in the olden
to the powers relative to the disarming of mer- days such armament was never furnished by
chantmen, if that is the note to which the gen- the Government. That would have consti-
tleman refers, and will refer to it a little later tuted the merchantman a ship of war.
if I have time.
But I am not inclined to combat the claims
of those who insist that an armed merchant-
Mr. FESS. I think the letter from Mr. Lans-
man if attacked by any vessel of the enemy
ing is confirmatory of the gentleman's position.
Mr. MONDELL. I think it is, and I thank has the right to use its armament as it sees
fit to ward ofT, beat off, or defeat the attack.
the gentleman for calling it to my attention.
The arming of merchantmen was a custom The more valiantly and persistently and em-
that had no legal origin that any man may lay phatically that kind of a right is contended for
the more clearly, definitely, and compellingly
his fingers on, but one that grew out of the
is it evidenced that any neutral country that
general turbulence of the times, the lack of
has regard for the lives of its citizens or for its
authority and control in the open places on
land and sea. France never recognized, in
own peace or honor will keep its citizens off
modern times, the right of a merchantman to such ships. [Applause.] No nation that de-
sires to escape complications that may lead to
arm. Toward the middle of the last century,
with the suppression of piracy, the arming of war over mere definitions, finespun as a spi-
merchantmen gradually fell into disuse. Then der's web; over questions of fact which, in-
came the declaration of Paris, in 1856, and the volving issues touching national pride, become
abolition of privateering, so far as the signa- of such stupendous moment as to lead to
tories to that declaration, which included the bloody and devastating war, will not allow its
citizens to thus wantonly and needlessly ex-
present European belligerents, are concerned.
As a matter of fact, the principle of the aboli- pose themselves to harm and their nation to the
tion of privateering was accepted by all the horrors of war. [Applause.]
I have just referred to the fact that after
Mr. TEMPLE. Will the gentleman yield? the suppression of piracy, the abolition of pri-
Mr. MONDELL. vateering, the establishment of order through-
Briefly. out the world, the arming of merchantmen for
Mr. TEMPLE. I notice the gentleman says
any purpose, occasionally for salute,
that all belligerents were signers. There were The custom having
ceased. ceased, the rule
seven nations present when the declaration of based on custom may with reason and logic
Paris was passed. There are more than seven be said to have ceased to be operative. In
belligerents now engaged
fact, it was not revived for more than half a
Mr. MONDELL. not a nation on
There is
century, or until just before the outbreak of
earth now that recognizes the right of priva- the present European war. It was the 26th
teering, whether they signed the declaration of March, 1913, 16 months before the breaking
of Paris or not. All the major belligerents did
out of the present European war, that Mr. Win-
sign, as I recall. Does the gentleman contend ston Churchill, First Lord of the British Ad-
that we uphold the right of privateering be-
miralty, made a statement in the House of
cause we did not sign the declaration of Paris? Commons in regard to a ''new method" pro-
Certainly not. posed by Great Britain, as it was alleged, "for
The abolition of privateering following the the protection of the British trade." This
suppression of piracy removed the reason and statement was as follows:
excuse for arming merchantmen, and from the
I now turn to one aspect of trade protection
close of our Civil War until very recently which requires special reference. It was made clear
guns, except occasionally a small 1-pounder at the second Hague conference and the London

conference that certain of the great powers have re- the mounting of guns. He did not claim that
served to themselves the right to convert mer-
chant steamers into cruisers, not merely in national
any were then carrying moimted guns. After
harbors but, if necessary, on the high seas.^ There calling attention to Great Britain's vast ship-
is now good reason to believe that a considerable ping and carrying trade, he said their ves-
number of foreign merchant steamers may be rap- sels engaged in trade might in certain contin-
idly converted into armed ships by the mounting gencies meet with foreign vessels thus armed,
of guns. The sea-borne trade of the world follows
and therefore, he argued, the British ship?
well-marked routes, upon nearly all of which the
tonnage of the British mercantile marine largely pre- should be armed in order to protect them-
dominates. Our food-carrying liners and vessels selves against foreign ships which he said he
carrying raw material following these trade routes had reason to believe carried guns which, un-
would, in certain contingencies, meet foreign ves- der certain conditions, they might mount.
sels armed and equipped in the manner described.
If the British ships had no armament they would Mr. Churchill then went on to
say that the
be at the mercy of any foreign liners carrying one Adrniralty had felt it necessary to draw the at-
effective gun and a few rounds of ammunition. It tention of leading shipowners to this
would be obviously absurd to meet the contingency alleged
of considerable numbers of foreign armored mer- condition of affairs and to point out to them
chant cruisers on the high seas by building an what he conceived to be the
dangers of life
equal number of cruisers. That would expose this and property if their vessels were
incapable of
country to an expenditure of money to meet a par- offering defense. To these advances of the Ad-
ticular danger altogether disoroportionate to the ex-
pense caused to any foreign power in creating that miralty, Mr. Churchill told the House of Com-
danger. Hostile cruisers, wherever they are found, mons that the shipowners had "responded
will be covered and met by British ships of war, cordially" and a number of first-class British
but the proper reply to an armed merchantman is liners had, he said,
another merchantman armed in her own defense. been armed "to repel the
This is the position to which the Admiralty have attack of an armed foreign merchant cruiser."
felt it necessaary to draw the attention of leading The British Government, Mr. Churchill told
shipowners. We have felt justified in pointing out the House, was
supplying the guns and am-
to them the danger to life and property which would munition for these ships and
be incurred if their vessels were totally incapable providing for the
of offering any defense to an attack. The shipown- training of the members of the ship's company
ers have responded to the Admiralty invitation with to form a
gun crew.
cordiality, and substantial progress has been made in And thus armed and equipped with the best
the direction of meeting it as a defensive measure
of modern guns,
by preparing to equip a number of first-class British capable of shooting with
liners to repel the attack of an armed foreign mer- great rapidity and remarkable accuracy and of
chant cruiser. Although these vessels have, of course, sinking any ship, except one heavily armored,
a wholly different status from that of the regularly corn-
at any distance less than 5 or 6
missioned merchant cruisers, such as those we obtain miles, these so-
under the Cunard agreement, the Admiralty have called defensively armed merchantmen are
felt that the greater part of the cost of the neces- sailing the high seas. No wonder Mr. Church-
sary equipment should not fall upon the owners, illstated "no one can pretend to view these
and we have decided, therefore, to lend the necessary measures without regret or without
guns, to supply ammunition, and to provide for the hoping
training of members of the ship's company to form that the period of retrogression all over the
the guns' crews. The owners on their part are paying world which has rendered them necessary
the cost of the necessary structural conversion, which
be succeeded by days of broader international
is not great. The British mercantile marine will, of
confidence and agreement than those
course, have the protection of the Royal Navy under through
all possible circumstances, but it is obviously im- which we are now passing."
possible to guarantee individual vessels from attack Thus was launched upon the high seas a
when they are scattered on their voyages all over
the world. No one can pretend to view these: meas-
class of armed merchantmen which not even
ures without regret or without hoping that the per- the first lord of the British
Admiralty ventured
iod of retrogression all over the world which has to justify under international law or
usage, for
rendered them necessary may be succeeded by days there is no rule of international law authoriz-
•of broader international confidence and agreement
than those through which we are now passing. ing such armament, much less the orders af-
fecting them.
It will be noted that Mr. Churchill called at- Those are the armed ships and those like
tention to the alleged fact that "certain of the them which are sailing under the Italian flag,
rgreat powers had reserved to themselves the which raised the present controversy. And
right to convert merchant steamers into cruis- that is the kind of fighting ship, armed and
•ers not merely in national harbors, but if nec- equipped at the expense of the powers at war,
essary on the high seas." under their orders to fight, and certain to fight
He claimed that there was good reason to to the limit if overhauled and ordered to stand
believe that a considerable number of foreign by and submit to search and seizure, relative
merchant steamers were so equipped that they to which the President strikes a pose of mock
could be rapidly converted into armed ships by heroism in support of his declaration that

Americans shall be allowed, which means en- fect and action would be on the citizen to pre-
couraged, to ride on them. vent him traveling on an armed ship, which if
I am not
assuming to pass on the question called upon to lay to by a ship of war will
of the proper status of such vessels as I have fight,thereby endangering life, even though
referred to. A
simple statement of the situ-
the challenging ship does not go beyond or
ation makes it very clear to anyone that the contravene any of the laws of war.
controversy is not only serious but that it Mr. FESS. Would that be a change of in-
distinctly has two sides. Under the rules of ternational law during the progress of the war?
international law a belligerent ship has, under
certain conditions, the legal right of search and Mr. MONDELL. It would not, and if I
seizure of neutral ships and cargoes. A
neutral have time I will discuss that feature of the
ship resists the order of a belligerent warship
to stop and submit to search at her peril ; The dangers to which passengers on armed
and no neutral ship would think of resisting merchantmen are exposed from submarines,
an order of that kind made by a war vessel even when the submarine is acting within its
of any kind of one of the nations at war. Hence
acknowledged rights as a ship of war, has been
the passengers are safe, though the ships may
apparent to our State Department since the
be halted and searched.
beginning of this controversy over subma-
Likewise, if the merchant ships of the
all rines. The very first inquiry in the case of
belligerent powers submitted to search and the destruction of a merchant ship by a sub-
seizure by a warship of the enemy, including marine has been, "Was she armed?" "Did she
submarines, and the humane rule insisted upon use her guns to defeat search and seizure?"
by our Government and agreed to by the In other words, was she within her rights?
central powers, that crew and passengers In the case of the Lusitania it was made clear
should be placed in a position of safety before that she carried no arms and that there was
the vessel was destroyed, were adhered to, no resistance and therefore her sinking was not
there would be little more danger on a bellige- an act of war, but plain brutal murder, un-
rent than on a neutral merchantman. But if justified and unjustifiable.
the merchantman is armed, ordered, expected
While Germany has not frankly and com-
to, and does resist and fire upon either a sub-
marine or any other ship of war, the most hu- pletelydisavowed that act, the German Gov-
ernment has given assurances that nothing of
mane intent possible to imagine on the part of
the kind shall occur again in the case of an
the attacking ship does not remove the danger
to which the passengers would be exposed
unarmed or unresisting vessel, and offered to
do what little in the way of reparation for that
through the perfectly legitimate attempt of
the enemy ship to capture the fighting and re- frightful crime can now be done.

sisting vessel. In some of the other cases where merchant-

Mr. FESS. Will the gentleman yield? men have been torpedoed and sunk by sub-

Mr. MONDELL. Yes. marines, conditions and circumstances have

not been so clear and unquestioned. There
Mr. FESS. In case we do what
the gentle- have been some cases of reported attempt to
man suggests, would that classify the vessels
escape by flight, some cases of attempt to ram.
as auxiliary naval vessels? While these acts necessarily endanger the
Mr. MONDELL. What suggestion is the lives of passengers, they do not, of course, of

gentleman referrring to that we warn our themselves warrant sinking without removing
people not to sail on an armed ship? crew and passengers. Thanks to the efforts
Mr. FESS. Yes. of our Government, for which I wish to give
all due credit, it has been definitely agreed
suggestion is con-
that the lives of the crews and passengers of
tained in a bill which I introduced that pro-
vides that all citizens carrying American pass- unarmed merchantmen
shall be protected.

ports should be prohibited from riding on an Further, Germany has recently assured our
armed merchantman of the kind referred to Government that even in the case of an armed
sailing^ from our ports.
and resisting merchantman every reasonable
effort will be made to save the lives of the
Mr. FESS. Would that classify them as
passengers. In this connection, it is interest-
auxiliary naval vessels?
ing to note that on the 18th of last January
Mr. MONDELL. It would have no effect the Secretary of State addressed to foreigti
whatever on the classification of a ship. Its ef- powers a communication, as follows

It is amatter of the deepest interest to my Government to bring to an end, if possible, the dangers
of life which attend the use of submarines as at present employed in destroying enemy commerce on
the high seas, since on any merchant vessel of belligerent nationality there may be citizens of the
United States who have taken passage or members of the crew in the exercise of their recognized
rights as neutrals. I assume your Government is equally solicitous to protect their nationals from
the exceptional hazards which are presented by their passage on merchant vessels through these por-
tions of the high seas in which undersea craft of the enemy are operating.


While I am fully alive to the appalling loss of life among noncombatants, regardless of age or sex,
which has resulted from the present method of destroying merchant vessels without removing the per-
sons on board to places of safety, and while I view that practice as contrary to those humane principles
which should control belligerents in the conduct of their naval operations, I do not feel that a belliger-
ent should be deprived of the proper use of submarines in the invasion of commerce, since those
instruments of war have proved their effectiveness in this practical branch of warfare on the high seas.
In order to bring submarine warfare within the general rules of international law and the principles
of humanity without destroying their efficiency in their destruction of commerce, I believe that a
formula may be found which, though it may require slight modification of the precedent generally fol-
lowed by nations prior to the employment of the submarines, will appeal to the sense of justice and
fairness of the belligerents in the present war.
Your Government will understand that in seeking the formula or rule of this nature I approach it
of necessity from the point of view of a neutral, but I believe that it will be equally efficacious in
preserving the lives of noncombatants on merchant vessels of belligerent nationalities.
My comments on on the following propositions:
this subject are predicated
First. A
noncombatant has a right to traverse the high seas in a merchant vessel entitled to fly
a belligerent flag, to rely upon the observance of the rules of international law and principles of
humanity, and if the vessel is approached by a naval vessel of another belligerent, the merchant
vessel of enemy nationality should not be attacked Avithout being ordered to stop.
Second. An enemy merchant vessel when ordered to do so by a belligerent submarine, should
immediately stop.
Third. Such vessel should not be attacked after being ordered to stop unless it attempts to flee
or to resist. In case it ceases to flee or resist, the attack should be discontinued.
Fourth. In the event that it is impossible to place a prize crew on board of an enemy merchant
vessel or to convoy it into port, the vessel may be sunk, provided the crew and passengers have been
removed to a place of safety.
In complying with the foregoing principles, which, in my opinion, embody the principal rule, the
strict observance of which will insure the life of a non-combatant on a merchant vessel which is inter-
cepted by a submarine, I am not unmindful of the obstacles which would be met by undersea craft as
commerce destroyers.
Prior to the year 1915 belligerent operations against enemy commerce on the high seas had been
conducted with cruisers carrying heavy armaments. In these conditions international law appeared to
permit a merchant vessel to carry armament for defensive purposes without lessening its character as
a private merchant vessel. This right seems to have been predicated on the superior defensive strength
of ships of war, and the limitation of armament to have been dependent on the fact that it could not
be used effectively in offense against enemy naval vessels, while it could defend the merchantmen against the
generally inferior armament of piratical ships and privateers.
The use of the submarine, however, has changed these relations. Comparison of the defensive
strength of a cruiser and a submarine shows that the latter, relying for protection on its power to
submerge, is almost defenseless in point of construction. Even a merchant ship carrving a small-
caliber gun would be able to use it effectively for offense against the submarine.
Moreover, pirates and the sea rovers have been swept from the main trade channels of the sea
and privateering has been abolished. Consequently the placing of gruns on merchantmen at the present
date of submarine warfare can be explained only on the groimd of a purpose to render merchantmen
superior in force to submarines and to prevent warning and visit and search by them. Any armament,
therefore, on a merchant vessel would seem to have the character of an offensive armament.
If a submarine is required to stop and search a merchant vessel on the high seas, and in case it is
found that she is of an enemy character and that conditions necessitate her destruction and the removal
to a place of safety of persons on board, it would not seem just nor reasonable that the submarine should
be compelled, while complying with these requirements, to expose itself to almost certain destruction
by the guns on board the merchant vessel.
It would therefore appear to be
a reasonable and reciprocally just arrangement if it could be agreed
by the opposing belligerents that submarines should be caused to adhere strictly to the rules of inter-
national law in the matter of stopping and searching merchant vessels, determining their belligerent
nationality, and removing the crews and passengers to places of safety before sinking the vessels as
prizes of war, and that merchant vessels of belligerent nationality should be prohibited from carrying
any armament whatsoever.

In proposing this formula as a basis of conditional declarations by the belligerent Government I do
so in the full conviction that each Government will consider primarily the humane purposes of saving
the lives of innocent people rather than the insistence upon doubtful legal right, which may be denied
on accoimt of new conditions.
I would be pleased to be informed whether your Government would be willing to make such a de-
claration, conditioned upon their enemies making a similar declaration.
I should add that my Government is impressed with the reasonableness of the argument that a
merchant vessel carrying an armament of any sort, in view of the character of the submarine warfare
and the defensive weakness of undersea craft, should be held to be an auxiliary cruiser and so treated
by a neutral as well as by a belligerent Government and is seriously considering instructing its officials

When and how did it become so tremen- ever, feel that it is our duty to prevent Amer-
dously sacred and important an American ican citizens from plunging into danger and
right to be privileged to ride on an armed ship, taking the chance of embroiling the Nation in
equipped and intended for hostilities, propos- war by doing something the abstract right to
ing to travel through a hostile zone in time do which does not exist and the effect of which
of war? Such a ship is expected to fight. It would be to subject us to grave danger.
proposes to fight, and in a fight of any kind at Let the contending powers determine what
sea someone is sure to get hurt. In the case the rule is so far as they are concerned. It is
of such resistance an enemy ship would be the duty of innocent bystanders to stand aside
justified in at least using the force necessary while the controversy goes on. We shall not
to stop, to capture, and to board the merchant attempt to change the rules so far as they af-
vessel. Assuming the attacking vessel keeps fect the active players, but it is clearly our
within all the rules of war, danger to the pass- duty to protect the bleachers and the grand
engers is very great and some loss of life is stand, at least the part of it we are responsible
certain to occur. All of which makes it clear for, from reckless pitching, wild batting, and
that the arming of merchantmen is not, under dangerous fouls. [Applause.]
present conditions, justifiable, and if anyone Neither belligerent would have any cause to
persists in doing it our people should not place complain if we refused to allow our citizens to
themselves in danger by sailing on such ships. travel on armed ships. In fact, as a neutral
Why does not our President proclaim, de- Nation, I am inclined to the opinion it is our
fend, and insist upon the right of American duty to refuse such ships clearance from our
citizens to travel on powder trains? Whynot ports. I grant you that if there were no sub-

have a crusade in defense of the unquestioned marines in the world this situation would not
constitutional right of the American citizen to be so acute, though with the class of guns now
bear arms as against the multitude of our mounted on some foreign merchantmen, used
laws and ordinances, limiting that right and in as they claim the right to use them, the situ-
effect actually depriving the citizen of it? ation would involve great danger in the use
I can understand how the thoughtless of lightly armed cruisers. The craft that makes
and heedless, the uninformed or emotional, the trouble, however, is the submarine. Our
might throw hat in air at any bombastic decla- proper contention is that the submarine must
ration that the rights of American citizens halt, search, remove passengers and crew to a
must not be abridged, without regard to the place of safety before destroying a merchant
conditions that brought it forth or to which ship. On the other hand, the President's con-
it was intended to apply. But when anyone tention seems to be that merchant ships must
fully informed contends that an American be allowed to arm, and that contention made
citizen has a right which should not be denied, now necessarily applies to merchant ships as
curtailed or abridged, to travel on a ship now armed. Therefore the contention is that
armed to fight, purposed to fight, proposing a merchant ship armed to repel a submarine,
to fight, and bound into the regions of war, at or sink it, and ordered to do so if overhauled,
the present time and under present conditions, shall be allowed to sail the seas, entitled to the
I am compelled to believe that the one so pro- rights and immunities of a peaceful, unresist-
posing and insisting is either playing politics ing ship. In its final analysis that means that
with the national honor or is disposed to em- submarines could not be used against ships so
broil the Nation in war. [Applause.] armed without grave danger, without almost
I wish to repeat that no one, so far as I a certainty of destroying life and thus, if neu-
tral passengers were aboard, threatening new
know, is proposing to change or modify in-
ternational law. Even if we knew what it complications, and the extension and enlarge-
was in the case presented we would not expect ment of the theater of war. The position
by any act of ours to change it. We do, how- which the President now takes therefore vir-

tually bars the submarine from action against parentage had so far forgotten their primary
merchant ships. allegiance toAmerica as -to attempt "to de-
base our policies to the uses of foreign in-
What is it the President said about chang-
trigue." Be that as it may, it is now patent to
ing the rules during the progress of the war?
Heretofore the administration has made some any one with ears and attentive to the talk
of the most remarkable changes known to po-
around him that there are those who applaud
But this proposal to change the the letter and attitude of the President out of
litical history.
their intense and, as I believe, unpatriotic par-
rule with regard to submarines is the most re-
markable of all in the history of the adminis- tisanship for one of the contending alliances.
tration. For the right of the submarine to But the great heart of America still beats
and sink merchantmen has true to our faith and duty as a truly neutral
operate against
been fixed and is accepted, as it seems to be, power. As OUR
PEOPLE have not and can
that fact is due to the attitude of the Presi- not approve, but do condemn most severely
dent, assuming the State Department reflects every act of ruthlessness or barbarity on the
his attitude, and by the acts and words of our part of any of the contending forces or na-
State Department, more than by all other influ- tions, as they have and will insist on the as-
ences combined. On January 18 Secretary sertion and defense of all American rights,

Lansing, in the note I have referred to, said,

even so they WILL NOT ALLOW
"I do not feel that a belligerent should be de- ONE, HOWEVER HIGH HIS STATION,
prived of the proper use of submarines." And
yet overnight the President reverses his rule,
abandons the principle which he himself has TION OF OR INSISTENCE UPON FAN-
declared, if it can be called a principle, and with CIED OR FANTASTIC RIGHTS.
flourish of trumpets announces in effect an en- CONGRESS IS STILL THE REPRE-
tirely new rule, to wit: That submarines may SENTATIVE OF THE PEOPLE, AND IN
not be used against merchantmen, and this, THE FINAL SHOW-DOWN RESPONSI-
with the ink hardly dry on the suggestion of BLE FOR THE ISSUES OF PEACE AND
our State Department that owing to the ac- WAR. CONGRESS WILL NOT ABDI-
knowledged right to use submarines, the claim CATE ITS POWERS OR RESPONSIBILI-
of the right of merchantmen to arm is pre- TIES, THOUGH IT WILL PATIENTLY
sented in a new and dubious light. AND LOYALLY ENDEAVOR TO SUP-
We hope for peace, but some day unhappily PORT THE ADMINISTRATION WHEN
war may come. If it does, we must rely large-
ly on the submarine, and we would find our- ADHERES TO THE PATH OF GOOD
selves sadly handicapped if we
a rule under which any merchantman [Applause.]
stand off our submarines with mounted guns,
preventing use of the weapons of the subma-
rine for fear of injuring passengers or crew.
In the House of Representatives,
[Applause.] Monday, March 6, 1916
I am
not surprised that this sudden change Mr. COLEMAN. I will ask the gentleman
of front on the part of the administration is ap- from Massachusetts, if the House is to pass
plauded in certain influential quarters. It has upon the McLemore resolution, should it not
been apparent for some time that certain in- have ample time to discuss the measure on its
fluences, working for great military and naval merits ?

establishments, are not averse to having the Mr. GARDNER. I understand, Mr. Chair-
country brought into complications if thereby man, that the rule provides for four hours'
their propaganda may be promoted and discussion. should think that reasonable.

strengthened. As the slimy film of Standard Mr. LONGWORTH. May I ask the gen-

Oil smeared our policy in Mexico, so the in- tleman from Illinois [Mr. Mann] if he will
terests ofmunition makers and foreign bond- yield, so that I may ask the gentleman from
holders are now voiced by a thousand service- Massachusetts [Mr. Gardner] a question?
able tongues. With what force and volume Mr. MANN. Yes.
half a billion of foreign bond investments Mr. LONGWORTH. The gentleman spoke
speak and the roar of an equal volume of mu- of having an answer as clear as crystal on this
nitions profits and expectations may be lik- proposition. Would he say that the action of
ened to the thunder of the attack and defense another body on this matter was as clear as
of Verdun. Some time since it was claimed crvstal ?

and asserted that some of foreign birth or Mr. GARDNER. Certainly not. The Sen-

was the victim of its own rules. Even if
ate lution which somebody dropped in the basket,
SenatorGore had warned the Senators six and which resolution no one in the House had
months beforehand of what he was going to ever heard of or read until the matter was
do,they could not have helped themselves. urged to be adversely acted upon. Nobody
Under their own rules they could not come to was asking that the resolution be passed. Some
a vote excepting on the question of tabling people suppose that when a bill or resolution
the Gore resolution in whatever final form the is introduced into the House it is a matter of
Oklahoma Senator chose to present it. The great moment. Anybody who is a Member of
Senate had to vote on the motion to table the the House, and nearly anybody who is not,
Gore resolution just as it stood. The Senate can secure the dropping into the basket of a
could not amend it. So the Senate did the formal matter, a bill or resolution, relating to
proper thing and tabled the whole business. anything under or above the sun, and the
The Senate was helpless. But we are not at House does not treat these things too serious-
the mercy of any individual Member. We are ly. I dare say there are few Members of the
only at the mercy of the Committee on Rules, House who would say that the McLemore
but we are not at its mercy one moment after resolution, so called, expressed his sentiments
it has reported a rule to the House. We can or his position; and I undertake to say that a
not force the committee to present a report, majority of the Members of this House, if they
but once a report is presented we can do what expressed their opinions, are of the opinion
we choose with that report. that American citizens at this time ought not
Mr. MANN. Mr. Chairman, the gentleman to complicate the situation by traveling in
from Massachusetts [Mr. has armed merchant vessels. [Prolonged ap-
charged the membership of the House, in the plause.]
consideration of the matters to which he re- Mr. GARDNER. Mr. Chairman, will the
ferred oflF the floor, with having been actuated, gentleman yield?
first, by partisan reasons, and, second, by fear The CHAIRMAN. Does the gentleman
of how their constituents might treat their from Illinois yield to the gentleman from Mas-
votes in the House. The gentleman from sachusetts?
Massachusetts, in such matters, is entitled to Mr. MANN. I yield.
speak for himself, but for no one else in the Mr. GARDNER. Is the gentleman of the
House. [Appause.]
opinion that a majority of this House thinks
I do not believe that either side of the we ought to abandon those American citizens
House, in giving private consideration and dis- if they do disregard that warning that the gen-
cussion to the questions at issue to which the tleman has given them?
gentleman has referred, has been actuated Mr. MANN. I think that when that question
either by partisan motives or by fear of votes arises we ought to meet it [applause] but I

at home. If there is anything to the question hope that our citizens may be so advised that
at all, it is too grave and great for the patri- we shall never be put to the test whether we
otic men of this House to determine how they have to fight because some fool had entered
shall act by base methods, as is suggested by upon a joy ride or voyage. [Applause.] If
the gentleman from Massachusetts. [Ap- we leave the matter as it is, we have expressed
plause.] no opinion. Wehave left the situation to the
I have not beenfavor of bringing the mat-
in wisdom and the discretion of the President.
ter before the House at all. I have been quite
But if we are forced to vote simply and solely
content to let the House attend to its consti-
upon the proposition to table the McLemore
tutional duties [applause] and to let the Pres-
resolution, which is the proposition which the
ident attend to his constitutional duties [ap-
Committee on Rules will submit to the House,
plause], thinking that if at any time the Pres- and we vote to table the resolution, we have
ident desired the action of the House he would
voted that we invite American citizens to
come before the House or Congress and say
travel on armed merchant vessels, with the
so. [Applause.] There has been no com-

plaint to speak of at least voiced on the floor
assurance that we will go to war if they do.
of the House —
in criticism of what the Pres- [Applause.]
I am in favor of keeping out of war, if it is
ident has done certainly not from the Re-

publican side of the House, and I think not possible. [Applause.] Who is it that pro-
from the Democratic side of the House. But poses that we have a square vote? Not the
gentlemen now insist that we shall record our gentleman from Massachusetts. He thinks

views upon what? Upon a grave question that we ought to have a square vote on the
of international complications, or upon a reso- McLemore resolution, but that we ought not

to have a square vote on what we think ought business of Congress to interfere with diplo-
to be done. matic relations at all.
Now, gentlemen may "say in denunciation of Mr. COOPER of Wisconsin. Will the gen-
those with whom they do not agree that cer- tleman yield?
tain propositions are "fake" propositions. My Mr. ADAMSON. I have not time to yield.

idea of a "fake" proposition usually is one that I trying to tell the gentleman some truths,
but he does not listen. I agree that if an Amer-
I do not agree with. [Laughter.] Is the gen-
tleman from Massachusetts, or anyone else in ican citizen has not sense enough to keep off
the House who is going to vote with him, will- of a belligerent ship —if he thinks advice will

ing that the House shall have a chance to

be more impressive than torpedoes I am will-
amend the McLemore resolution? [Applause.] ing that we should continue our warnings in
Putting up a man of straw and knocking him thunder tones, as has been done; and that
down is gets no one
a favorite device, but it warnings should come from the President and
If the the United
President of his Cabinet and Members of Congress, all the
States, for whom I have respect, desires way down, but it is not necessary that Con-
to know what the Members of the House gress shoud do everything. The notice given,
think upon a proposition, he certainly however, should not be for the illogical reason
must desire to know what they hon- assigned by some gentlemen, that if these peo-
estly think upon it. [Applause.] If we ple are warned of their danger this Govern-
take no action at all in the House, to that ment will not be responsible if they are de-
extent we do not endeavor to bind the hands stroyed, but because their presence on such
of the President or to influence his conduct; ships may involve this country in complica-
to that extent it is a vote of confidence. But tion with other nations.
if we insist, or the Committee on Rules or the It is an international right of any neutral or
House insists, that we shall vote upon a ques- noncombatant to ride on any merchantman or
tion of grave international importance, I do liner which is a ship of commerce hurrying
not propose to register the will of anybody from port to port and seeking no fight, whether
else,but to register my own judgment. [Pro- armed or unarmed, and is not a battleship nor,
longed applause.] like a battleship, carrying no commerce but
The CHAIRMAN. The gentleman from seeking a fight. [Applause.] I do not care to
Colorado [Mr. Taylor] is recognized. discuss pro or con an international proposi-
tion that is now in the province of the Presi-
of Colorado. Mr. Chairman,
dent. I do not care to decide now whether I
I yield five minutes to the gentleman from will vote to go to war or not. I do say IT
Georgia [Mr. Adamson].
Mr. ADAMSON. Mr. Chairman, never
did believe in crossing a bridge until I came to
it, or in anticipating trouble which may never
arise, and especially when it is a matter which I WOULD NOT DO IT UNTIL AN ENE-
certainly is not now our concern, and I hope MY ACTUALLY INVADED THE DIS-
never will be.
The gentleman from Massachusetts [Mr. THERE WOULD HAVE TO BE DANGER
Gardner] was mistaken in saying that the OF INVADING THAT OR SOME OTHER
Senate was the victim of its own rules. It DISTRICT IN THE UNITED STATES.
was no victim at all. It did the right thing, to Mr. SHERLEY. Mr. Chairman, I believe
whatever proposition came up under which
that every man in this House is agreed upon
Congress assumed without invitation to med- the one proposition that he regrets the situa-
dle with the diplomatic affairs of the country,
tion should have arisen which requires expres-
which are peculiarly and constitutionally in sion on the part of the membership of this
the province of the President. [Applause.] House touching an international matter that
It makes no difference what the merits, what
is more or less acute at this time, but that re-
the substance of the resolution, or which side
gret has no practical bearing now. There has
of any proposition the resolution favors, it arisen a situation which makes it essential that
ought to be defeated in the shortest and quick- the House of Representatives express its view..
est and best possible way.
Now, why? It is true that the dropping in the
The question now, however, is not what the basket of a resolution means nothing, but after
language or substance of our action should be, a resolution is dropped in the basket and such
whether for or against the President's posi- agitation is had informally, it is true, not on
tion that is immaterial.
It is none of the the floor, but elsewhere, as to cause the news-'

papers of the country to carry it out as one of out any risk to us, God pity this country. [Ap-
the matters that was imminent in the House, plause.]
and when, following that, statements are made I am
for my country, and I believe in stand-
by men in high and responsible positions in ing for its real rights, let the risk be what it
the House that such a resolution —
and, mark may. And men by foolish talk, by forcing an
you, the resolution was not only a resolution issue, giving aid, not intentionally but actual
of warning but a resolution of repudiation of aid and comfort to the nation we are in con-
responsibility in case the warning was disre- troversy with, have made it necessary that this
— Irepeat that when men in high and House shall say to the world that the Pres-
responsible positions in the House carry to
the ident does not speak for himself alone but for
world the statement that such a resolution all the people of America. [Applause.]
would, if it came up, pass by a 2 or 3 to 1 vote, Mr. TAYLOR of Colorado. Air. Chairman,
and the effect of that information or misinfor- I yield five minutes to the gentleman from

mation is to paralyze the Executive arm in West Virginia.

dealing with international affairs, he has to Mr. NEELY. Mr. Chairman, I avail myself
use that common sense that should always of this opportunity to speak to the McLemore
characterize a man in his position in coming resolution, which will come up to-morrow
here and saying to the House, "I ask of you under a rule that will probably admit of no
such action as will go to show what I consider general debate.
the rights of America, represents the will of It was written long ago, in language so
the American people or does not." Here is the
clear, concise and simple that the wayfaring
It is not whether we shall go to
position. man could not misunderstand it, that "Every
war because some fool sees fit to travel when not
city or house divided against itself shall
he ought not. Oh, no there is a great contro-
stand," and "Every kingdom divided against

versy touching sea warfare. One of the bel- itself is brought to desolation." To-morrow
ligerents insists that because of facts
that have
we shall subject ourselves to the crucial test
developed touching that warfare that it is en- that will determine whether this House shall
titled to change the rule of international law as
stand or fall. Our
action on the resolution
it existed when the war broke out so as to af-
will proclaim to the world that we will either
fect the rights of neutrals. America stands to-
stand together and support our Chief Execu-
day as the one great Nation that can defend tive in his supreme struggle to maintain the
the rights of neutrals, and the day is coming
honor, the dignity, and the prestige of this Na-
in this world in the time of progress when the
tion, or that we have divided our House and
belligerents will learn that they are the out- caused it to fall in utter ruin and as an impas-
laws, that they have only such rights as a sable barrier across the perilous pathway in
peaceful world is willing to give
them [ap-
which the President is successfully leading his
plause], and that peaceful world has not
such as it can take away from the people in peace while all the rest of the world
py rights
is bleeding to death from the ghastly wounds
outlaws of the world.
of war.
Now the President is standing for a great in- The passage of the resolution woud bind the
ternational issue. It may be that men consci- President's hands, annihilate his authority,
entiously think that they are voting a warning and silence his tongue. It would be a confes-
simply as an indication of caution, but that is sion that we have abandoned the right of mak-
not the effect of it. The logical effect of it is
ing the law of nations to the international out-,
that this Nation is not prepared to protect men laws on the other side of the water; that we
in this right, and that right means more than have repudiated the Declaration of Indepen-
m my time can go into. It means much more
dence, and bowed the knee in fear and trem-
than the approval of foolhardiness in traveling bling before the brutal belligerents of the old
on a ship. Since the war broke out I have ar- world.
ranged for more than 20 Americans to come Some say that the rejection of the resolution
back to their country, and many of them had to willmean war. On the contrary, it will mean
travel on merchant vessels belonging to bellig- continued peace for when the war-crazed na-

erents. Is America going to say that they are tions of Europe once know that this country
not to be protected in their right not to be is united, from the White House to the Capi-

killed, not to have a peaceful ship sunk with- tol and from the Capitol to the firesides of a
out warning? If that be true, what need for hundred million patriotic people, then our
dispute over the Lusitania? If the right is rights will be respected in every land and our
only to he. upheld when it can be upheld with- Rag will be honored on every sea. But if the


rejection of the resolution should mean war

— people of
ty.v, of the United States toward the bel-
ligerent nations.
and no one shall g;o before me in opposing war Whereas the President of the United States has
or in confidently believing that we shall have called upon Congress to uphold him in his view
none so long as we refrain from meddling with of the rights of Americans traveling in armed mer-

the President's business but if the rejection chantmen carrying the flag of a belligerent nation;
of the resolution should mean war, were it not
Whereas the belligerent nations, in their struggle to
a thousand times better that we should all die survive in the contest, have disregarded vital in-
in the trenches and national honor live than terests of neutrals in comparison with which the
that we should all live to see the honor of this claim of the right to travel in armed merchantmen
Nation ignominiously die? sinks into insignificance; and
Whereas the prevailing apprehension among the
This is a contest between European empire
people of the United States that an attempt may be
and the American Republic; a contest between made to enforce American rights and claims by
might in the Old World and right in the New; means of war, makes it imperative that a definite
a contest between military despotism and the and unequivocal declaration of the policy and in-
tentions of the United States toward the bel-
peace-loving President of the United
ligerents be made by Congress: Therefore be it.

In such a contest I, for one, am against every

foreign potentate, prince, and power
the — Resolved, etc.,
That Congress solemnly declares
unalterable opposition to war as a means of en-
world, the flesh, and the devil— and with the forcing the claim that Americans may travel in
President of my country. armed merchantmen of belligerents.
In God's name, let the resolution die and let THAT CONGRESS SOLEMNLY DECLARES
the honor of the Republic live in unsullied
grandeur forever and forever. [Applause.] UNITED STATES, THERE CAN BE NO JUS-
I yield five minutes to the gentleman from Vir-
are discussing in advance a rule which
ginia [Mr. Flood]. the Committee on Rules is to report to-mor-
Mr. FLOOD. Mr. Chairman, this is a row, and which will prevent any action on the
broader question than whether Americans McLemore resolution except that of tabling
shall be warned not to travel on armed mer- the resolution. The McLemore resolution pro-
chant vessels of belligerents. It is a broader poses to warn Americans ofif armed merchant-
question than whether Congress has the con- men flying the flag of a belligerent nation. The
stitutional power to warn American citizens Committee on Foreign Affairs recommends
not to exercise what is their undoubted right. that the resolution be tabled. It will be made
It is a broader question than what has been impossible to amend or improve the resolution.
the practices and the precedents of this coun- All discussion will thus be choked off. mat- A
try. The issue we are to vote upon to-morrow ter of unprecedented magnitude, involving the
presents a question of whether in diplomatic gravest problem which can present itself in the
negotiations going on between the Executive lifeof a nation, will be disposed of, if the judg-
of this country and a foreign Government we ment of the committee prevails, without any
shall stand with our President or with a for- discussion whatever. What a dangerous mis-
eign Government. [Applause.] It is whether take what a serious blunder.
; We
are advised
you are going to stand with America or a Gov- to refuse to consider on its merits a proposi-
ernment with which America is negotiating; tion which forms the subject of obstinate con-
and when that time comes, Mr. Chairman, tention between our Government and that of
when that issue is presented, I believe that another nation a proposition which, we are
every patriotic Congressman — and I believe

told, involves the rights of neutrals under in-

we have none here but patriotic Congressmen ternational law; a proposition the
— will be found standing behind the President about which threatens to bring this country to
and behind this country. [Applause.] the brink of war.
Mr. TAYLOR of Colorado. Mr. Chairman, WILL OUR VOTE HERE MEAN THAT
I yield five minutes to the Gentleman from New
the prevailing excitement I will, in an effort WITH THE GOVERNMENT OF A
at self-restraint, begin with the reading of a FRIENDLY NATION? AND AFTER DIP-
resolution which I introduced a few days ago, LOMATIC INTERCOURSE HAS BEEN
and which I believe meets the situation. SEVERED, THEN WHAT? WAR?
Joint resolution (H. J. Res. 170) constituting a de- WHOLESALE MURDER? DEATH AND
claration by Congress of the policy and intention DESTRUCTION? CHAOS? THE MOST
POWERFUL NEUTRAL NATION EN- repent too late. The President has not ex-
GULFED IN THE MAELSTROM? ceeded his authority, he has not transgressed
What we should do is not to table the Mc- our powers in this matter. This is our flag,
Lemore resolution, but permit a free and full our country, and our Executive. Let no per-
discussion of the entire subject; and, above all, sonal or party consideration influence any
we should adopt a clear and unequivocal dec- Member against that which is due them in this
laration to the effect that, first, we have no crisis.
I beg this House will stop and consider
quarrel with the people of any European na-
tion; second, that any dispute which we may whether we shall palsy the hand of the man
have with the government of any of the bellig- into whose keeping we have placed the power
erents shall be submitted, after the passions of of directing our foreign affairs. A blow at that
the war have subsided, to the determination power now is a blow against our flag and our
of a board of arbitration third, that we refuse
to resort to physical force as a means of com- CHAIRMAN. The time of the gentle-
pelling respect for our rights. man has expired. Does the gentleman from
WE SPEAK OF FIGHTING FOR NA- Illinois [Mr. Mann] desire to reserve the re-
TIONAL HONOR. WHAT IS NATIONAL mainder of his time?
HONOR? I CONTEND THERE IS ONLY Mr. MANN. I first yield five minutes to the
ONE PEOPLE THAT CAN VIOLATE gentleman from Wyoming [Mr. Mondell].
AND THAT IS THE PEOPLE OF THE the American people understand very well
UNITED STATES. what the situation is. They know the charac-
Mr. TAYLOR Mr. Chairman,
of Colorado. ter of armament now being carried on the
I yield two gentleman from
minutes to the merchant ships of certain great powers. They
South Carolina [Mr. Ragsdale]. know the orders given to the masters of those
Mr. RAGSDALE. Mr. Chairman, it was no vessels. They know that, without regard to
feeling of party loyalty nor desire to pay a what treatment they may be accorded by the
tribute to the present occupant of the White attacking enemy, there is bound to be a fight
House that was responsible for my action as a when they meet and some one is certain to get
member of the Committee on Foreign Affairs. hurt that is likely to bring about international

To my mind the broad question was, how far complications leading to war. And, knowing
shall the President of the United States be in- this, the American people are in favor of hav-
terefered with in this crisis? How
far shall ing our citizens warned to keep off these pow-
we go in interfering with him? You gentle- der ships. [Applause.]
men of this body, do you know the facts that Further than that, the American people will
are under consideration by the State Depart- not be fooled by an}"- fake appeals to patriotism
ment? Are you conversant with the facts that or any buncombe appeals for loyalty to the
are there in the archives? How far will you go President when the question of loyalty to the
in interfering to-day, with that department in President is not involved. The question is.
dealing with other Governments? Shall we be loyal to our convictions and loval
Mr. MADDEN. Will the gentleman yield to our country? That is the question before
for a question? us. It is not true that the warning of Ameri-
Mr. RAGSDALE. I have only two minutes. can citizens from armed merchant ships is an
I do not know the situation that confronts us international question. No one dreamed that
to-day. I think few men in America know. I it was an international question until it was

do know that we are in one of the worst crises suggested from certain quarters. It is not true
that this country has ever been called upon to that action by Congress warning Americans
face and in which the President of the United from armed ships will in any way embarrass
States has preserved the peace of this country. this Government in negotiations with for-
I believe there are few men could have pre- eign States. The question is a purely domestic
served that peace with the dignity and honor one, and it is one for us to determine.
that has been maintained. [Applause.] Feel- It is true that if this House voted squarely
ing this way, Mr. Chairman, realizing condi- on the question of warning our people from
tions that are almost intolerable across the armed merchantmen and voted its convic-
water, knowing that we have from time im- tions, such a warning would have the vote of
memorial vested the right of conducting for- at least two-thirds, if not three-quarters, of the
eign affairs in the President of the United Members of this House. That is so true that
States, I ask this House to stop and consider certain gentlemen who know it is true are try-
before any action is taken for which we may ing to dodge the issue and, to a certain extent.

they have been able to dodge the issue by pre- to me that our national honor was involved in
senting this matter to the House in a way that instance. But the relatives of these men
making it impossible to have a square vote on were told that their loved ones had gone into
a simple, plain proposition of warning. Mexico at their own risk. That they had beer,
The gentleman from Massachusetts and warned not to go into Mexico, and having re-
those who agree with him do not, in my opin- fused to accept the warning they virtually took
ion, want a square vote on the simple proposi- their lives into their own hands. That is one
tion of warning. There are people in this coun- standard of national honor that has been set up
try who insist that American lives shall be by this administration.
sacrificed and American honor shall be put in And now, because some American wants a
jeopardy to insure the cargoes of certain thrill, because some money spender, some
American exporters. That is the proposition blase, foolhardy citizen wants to do something
contained in a refusal to warn our people off in order to spur his jaded appetite, we have
these armed ships. The question is not one another standard, a second standard of nation-
of diplomacy it is not one coming wholly
al honor a standard that possibly might bring

within the purview of the duties and respon- us into war because of some willfully foolish
sibilities of the President. It is a duty and re- act of some reckless American citizen. Mr.
sponsibility resting on us as representatives Speaker, the American people do not want
of the people to say, that in the condition of war. THE AMERICAN PEOPLE DO NOT
affairs now existing relative to the merchant- PROPOSE TO GET INTO THIS EURO-
men of the world, armed to fight, purposed to PEAN CONFLICT. THEY LOOK TO US
fight, intending to fight, we warn our people TO KEEP THEM OUT OF IT. And the
to keep out of that kind of danger imperiling Congress and the President will find, if any-
their lives and the peace of their country. [Ap- thing is done to bring this country into this
pause.] European war, that, in the final analysis, the
Mr. MANN. Mr. Chairman, I yield five consequences, if war should come, will be
minutes to the gentleman from California placed upon the shoulders of those who will
[Mr. Kahn]. be responsible for forcing the country into
Mr. KAHN. It seems to me, Mr. Speaker, war. I for one am satisfied that the Congress
that in world affairs we have come to a junc- will do its duty it will gladly take its share of

ture when we might well exclaim with Mark responsibility. But it should also leave to the
Anthony, "Oh, judgment, thou art fled to bru- Executive his share of responsibility. [Ap-
tish beasts and men have lost their reason." plause.]
The people of the United States expect us to Mr. MANN. Mr. Chairman, I yield five
maintain our sanity. They do not expect the minutes to my colleague from Illinois [Mr.
Members of this House to lose their reason, Sterling] .

even though madness stalks abroad on the Mr. STERLING. Mr. Speaker, it seems to
other side of the Atlantic. [Applause.] me that some gentlemen are seeking to evade
I have heard several gentlemen to-day speak the very question upon which the President of
of our national honor. I yield to no man in the United States desired that this House
love of country or in a feeling of pride for the should vote. A week ago he wrote a letter to
honor of the United States. To me our na- the chairman of the Committee on Rules ask-
tional honor should be maintained pure, un- ing that Congress express its views on one of
sullied, stainless. But it seems to me, Mr. these several resolutions that have been pend-
we have come to a
Speaker, that condition ing in the committees since the opening of the
under which we have established a double session, and, so far as I know, those resolu-
standard of national honor. I remember a few tions would be pending there still if it were not
weeks ago when 18 American young men— for the fact that the President of the United
money earners, if you please — went into Mex- States insisted on the House voting on one of
ico to find employment in the mines of that the resolutions with the hope that it might be
country. They were massacred in cold blood defeated.
while en route to the place of employment by The newspapers for a week have set it out in
a band of Mexican insurgent soldiers. The the headines that the President of the United
people of the United States were horror- States was demanding a "show-down." I for
stricken when they heard the awful news. The one believe that the President is entitled to a
relatives of the murdered men appealed to our "show-down." I believe that he is entitled to
Government to endeavor to have something know whether the Members of this House fa-
done to bring the murderers to justice and pre- /vor a resolution giving warning to American
vent a repetition of such an outrage. It seems citizens or whether they are opposed to it.


Under this proposed plan this House intends larations saying that war was only at arm's
to deny him that which he has asked for. It length, that it might occurto-morrow or in a
seems to me it would be far better and more week. And now we have Members on this
manly to vote on the resolution to the end floor to-day stating that there is information
that the President may know what our convic- in the archives of the State Department that
tions are. Presumably that is what he wants, would make us tremble if we know of it.
and that is what he will not get under this I say to you, Mr. Chairman, if war is as near

plan to lay on the table. as that, and there is information in the pos-
When we have voted on this question to lay session of this Government of that character,
this resolution on the table, the President will I would like to know what patriotic citizen, be
not know how a single Member of this House he President or anybody else, would withhold
stands on that question, except those who may it from the sovereign body of Congressmen,

have an opportunity to express themselves in the Representatives of the people, to whom,

debate on the floor. He will not know from as the designers of the Constitution well pro-
the vote that is taken to-morrow on the mo- vided, is intrusted the power to declare war,
tion to lay the resolution on the table where as a direct expression from the people, and to
any Member stands on this proposition. The whom we are accountable. While the makers
people of the country, our constituents, will of the Constitution curtailed the powers of the
not know where we stand on that question. President, they gave an unlimited sway in
The people in the capitals of foreign nations, that regard to the Members of Congress. [Ap-
if it makes any difference what they think plause.]
about it, will not know, when we have taken Therefore, wherein is Congress subordinate
this vote to lay on the table, whether the Con- or subservient to the President, and why in-
gress of the United States approves the course stead is it not our duty to call on the Chief
of the President in his diplomatic negotiations Executive to make a show-down by dignified
or whether it disapproves that course. message or some agency of mutual confidence
And so I submit to 3'ou that that is the sit- than to submit to his attempt to "big stick" the
uation, whether or not we ought to take a death of a resolution that is vague and ob-
vote to lay this resolution on the table, or vote scure and which can only confound and con-
on the resolution itself, and let not only the fuse as to its purpose and effect? This reso-
President but the people of the country know lution and the method of attempting to kill it
just where the House of Representatives is unworthy of this great body, and especially
stands. at this time. If the President wants the reso-
Now, I say to you frankly that I am in favor lution to be lifeless, it is that now; then why
of a resolution to warn American citizens to the absurdity of bringing it back to life only to
stay off armed vessels. I would not vote to kill it again? The action to-morrow on this
deduct from the rights of Americans on the question will prove no man's patriotism nor
high seas, but a plain resolution of warning will it detract from any Member as to his love
does not take away any right. It has for its for his country. When I speak I do so for a
sole and only end the high patriotic purpose of section of Pennsylvania, seventeenth congres-
saving life and insuring peace. sional district, which gave Lincoln his first
Mr. MANN. Mr. Chairman, I yield two troops, the Logan Guards, when followed
minutes to the gentleman from Pennsylvania thousands of men as brave as any, including
[Mr. Focht]. Gen. John P. Taylor, Gen. Hulings, Gen. Will-
The CHAIRMAN. The gentleman from iam McCall, Col. Gilbert Beaver, and that he-
Pennsylvania [Mr. Focht] is recognized for roic student-captain of Bucknell University,
two minutes. Andrew Gregg Tucker, while the unspeakable
Mr. FOCHT. Mr. Chairman, it has been tragedy of death and flame when Chambers-
well said by the leader of the Republican side burg was devastated by war's cruel hand, are
of the House that there has been nowhere any all a token of that burning patriotism that will

intimation of interference with the preroga- again be unloosened if ever a foe dishonors
tives of the President of the United States, or that sacred flag. [Applause.] There will be
any suggestion that this House meant in any no faltering and no failing if war comes, which
way to curtail his constitutional rights. But THE
the record of history guarantees.
But we find a demand made upon this Con- PEOPLE DO NOT WANT THIS COUN-
gress to give an expression of its opinion in TRY TO BECOME INVOLVED IN WAR
regard to what has been characterized or de- AS THE RESULT OF THE MADNESS OF
nominated here as a great crisis. We
heard of the President himself in public dec- ROPE, and history will wonder and marvel.

then condemn this Congress if we accept the Representatives of the sovereign people to do.
challenge as to our patriotism based on such [Applause.]
a rayless, obscure, and beclouded document The CHAIRMAN. The time of the gentle-
as this resolution. If a call were to come from man from Pennsylvania has expired.
the President ringing true with confidence Mr. MANN. Mr. Chairman, I yield five
and the worthy assurance that Congress will minutes to the gentleman from Wisconsin
back him in every patriotic purpose he makes [Mr. Lenroot].
clear to this body, there would be a unanimous The CHAIRMAN. The gentleman from
response, but he can not expect concert of ac- Wisconsin [Mr. Lenroot] is recog^nized for five
tion on this sort of a table juggling and shut- minutes.
tlecocking of a resolution which may be Mr. LENROOT. Mr. Chairman, the gen-
fraught with peril to the country. tleman from
Mr. MANN. Mr. Chairman, I yield tvvo Kentucky [Mr. Sherley] and
the gentleman from Virginia [Mr. Flood], I
minutes to the gentleman from Pennsylvania
think, fairly stated the situation that will be
[Mr. Moore]. before this House to-morrow and the effect
The CHAIRMAN. The gentleman from of their statements was

that this House would

Pennsylvania [Mr. Moore] is recognized for
to-morrow determine whether will sustain
two minutes. the present policy of the President of the
Mr. MOORE of Pennsylvania. Mr. Chair- United States upon the international question
man, what is it the President of the United of law concerning armed merchantmen to any
States wants? Gentlemen have indicated that
he has been hampered in the performance of
extent that may be necessary to maintain the
position which he had taken.
his constitutional duty. In what respect has
the House of Representatives, which has been Now, Mr. Chairman, Germany or any other
belligerent nationis interested in the attutude
severely criticized throughout the country, of this House only in one respect, and that is
hampered the President of the United States? how far will the House of Representatives and
Has the President of the United States come
the Congress of the United States go in sus-
to the House of Representatives with a mes-
taining the President. And we have only one
sage upon a subject of world-wide interest in- constitutional duty to perform in that respect,
volving any possible catastrophe to the people and that is the making of a declaration of war.
of this Nation?
I well remember, Mr. Chairman, when Now, Mr. Chairman, I am not prepared, as a
Member of this Congress, to decide that ques-
asked, along with my fellow Members, to
tion now. I am not willing either to vote to
stand by the President in another instance.
We sustain the President of the United States to
were told that the honor of the flag was
I voted to stand by the
the extent of war upon this question nor ready
at stake in Mexico.
to vote that under certain circumstances I
President then, in the war upon Huerta, the
would not so vote; and so, Mr. Chairman,
provisional President of that country. Did we
sustain the honor of the people of the United when the proposition comes before the House
States in that controversy? Was my vote to
to-morrow I shall vote against the rule bring-
stand by the President in vain? ing up the matter for consideration, as I voted
against it in committee to-day, because I want
What is it that the President wants now?
This House has constitutional privileges and
to keep myself free and untrammeled to vote
prerogatives. Have they been consulted at upon that question when the question properly
all in this transaction up to date? Has the comes before the House.
President exercised his constitutional right of Mr. MANN. I yield five minutes to the
calling upon this House to confer with it in a gentleman from Iowa [Mr. Towner].
matter pertaining to the honor of the Nation? Mr. TOWNER. Mr. Chairman, I thmk
What are we expected to vote upon? Is this there can be little doubt in the mind of any
House informed as to the conditions that seem man that if this McLemore resolution had
to be familiar to the Committee on Foreign been called up for action in the committee it
Affairs ? If report be true, the President sought would never have been reported favorably to
to smother the McLemore resolution in the this House as it stands. I think there can be
Committee on Foreign Affairs. Ten days little doubt that if it had been reported favor-
thereafter, report be true, he sought to have
ably it never could have passed the House in
the resolution voted upon. How can we vote its present form. The reason is not far to
upon that resolution in its present form and seek, because the resolution contains a lot of
satisfy the President? Please tell us where matter that would not meet with the approval
the President stands, and what he wants the of gentlemen of this House, both in its num-
erous preambles and in the body of the reso- fallby the McLemore resolution without any
lution itself. amendment, are made, in my judgment, for
Mr. FLOOD. Will the gentleman allow me the purpose of discrediting it if possible in the
to interrupt him? view of some gentlemen. As it stands some
Mr. TOWNER. have only five minutes,
I Members will doubtless vote to table the res-
but I will yield to the gentleman. olution, not because they believe or do not be-
Mr. FLOOD. I will say that so far as I lieve in its vital principle, but because of some
am concerned, and I think I can speak for the extraneous matter, and that ought not to be
members of the committee, the reason we allowed. [Applause on the Republican side.]
voted against amending the McLemore reso- Mr. MANN.I yield five minutes to the gen-

lution so as to put it in more artistic form tleman from Pennsylvania [Mr. Hop wood].
was because the McLemore resolution has Mr. HOPWOOD. Mr. Chairman and gen-
become known abroad, and some foreign cap- tlemen, I feel that the President has put up to
ital might say that the McLemore resolution us a question that he had no right to put up
was torn to pieces, and that the President of to us to begin with. It was not a question of
the United States was not indorsed. such magnitude and importance as to demand
Mr. TOWNER. Ah, Mr. Chairman, I am solution by anyone except himself; and when
very much afraid that the gentleman is acting he did put it up to this House, he ought to
upon the suggestion of somebody else rather have put it up to us in a very different way.
than upon his own judgment. He ought to have sent to Congress what infor-
Mr. FLOOD. Well, I am not. mation he had and what correspondence he
Mr. TOWNER. I will submit to the gen- had, and to have given us such information as
tleman that I do not know upon what ground would have enabled us to act intelligently in
he is acting. However, Mr. Chairman, I think regard to all the circumstances of the case.
I am justified in saying that there is no The President was also very unfortunate
man on the floor of this House who has ex- in his speech that he made to the club the
amined the McLemore resolution unless it — other night, when he said he would rather hear
is the author himself —
who would approve of from the people at their firesides than from
it. Yet, Mr. Chairman, there is in that reso- Congress in the cloakrooms. About 435 of us
lution a sentiment and an idea that has gone here represent firesides ourselves. Each of
abroad throughout the country as the McLe- us represents probably 250,000 people on an
more resolution, which sentiment gentlemen —
average that is about the number in my dis-
in this House do approve. I am not qualified trict —
and there are a good many firesides in
to speak for others, but, Mr. Chairman, from each district. I visit a great many of the fire-
what I know of the opinion on both sides of sides in my district when I am at home, and I
this House there is a very general opinion the people intimately who live there,
among theMembers that we ought to warn because I have lived there 59 years. So I have
American citizens not to travel on armed mer- known many of them, and I know many of
chant belligerent vessels. And that is the view their firesides. The President can not know
of the people of the country. But if now we as many firesides as 435 Members of this
are going to have this McLemore resolution House can know. So I think he was very un-
presented to us, we must believe that it is pre- fortunate in making that declaration.
sented in its present form because some gen- The President wants a vote of confidence
tlemen who desire to have it voted down be- here. What does he want? It is pretty hard
lieve there are things in it that will cause men to tell just what he wants. At first he wanted
to vote against it who would not vote against this resolution kept in committee, and now he
the principal idea for which it stands and by wants it out of the committee. Well, it is out
which it is known. Now, that is just what we and I am willing to vote on the square on that
ought not to allow. It is as much the duty of resolution or any other resolution; and my
gentlemen on the other side of the House as theory is that this country will never go to war
it is our duty to see that this question, if it is and our people back home will never allow us
to be decided by the House at all, shall be de- to vote to go to war upon any foolish right of
cided fairly and squarely upon the only vital some foolhardy people traveling on these armed
I do not care whether you call them
question which it stands for, and that these ex- vessels.
traneous matters ought not to be allowed to war vessels or what you call them, they are
become reasons why gentlemen may justify armed with heavy guns, at least, and they can
themselves in voting to table it and put it out shoot a long distance, and the submarine,
of the way. So I say that these assertions which is a new instrument of warfare, can not
that are made here, that we must stand or hope to cope with them in the open.

if the submarine is any good in this war
So the United States. We have here a very sim-
it has to do its work in the way it is doing it. ple question to meet. The President has seen
I am not saying that laws are to be fit to ask the membership of this House their

changed during the time of war, but I do say judgment on a very plain question, on the
that this instrument of warfare, is to be used question as to whether the membership of
in a different way from any other instrument, this House desires to have him warn Ameri-
and the old rules and precedents do not apply. cans not to travel upon armed ships of bellig-
Laws are changed. International laws are not erents.
settled things. Who knows what
internation- This question fairly presented does not in-
al law is? It is changed with the years just volve a question of restricting, denying, or
as the common law has changed in centuries repudiating any of the authority or powers any
from the beginning or the inception of the President of these United States has had in the
common law down to this minute. The courts past or rightfully and properly has to-day. The
have ruled and ruled, and under new condi- President's opinion and conclusion on this
tions and the common law changes. Under question is not the only opinion and conclu-
new conditions international agreements and sion that should have weight in determining
international law has changed. So I say that the right policy to be pursued. A few nights
this House ought never to vote for such a ago the President said, in addressing a ban-
doubtful and nonessential right as they are quet in this city, that he wanted more to hear
claiming, and if Americans insist on traveling from the firesides of the country than from the
on armed vessels it should not make it a cause halls of Congress. If to-morrow a proper pro-
of war if that vessel be sunk. I will never cedure adopted, and he hears squarely and

go to war, nor will I allow my three sturdy honestly from this House on this question, he
sons, sturdier and stronger than I am, to go will have heard from the firesides of the coun-
to war because some foolhardy person goes up- try.

The firesides of the country of the East
on a vessel and loses his life. and of the West, of the North and of the
I am free to vote on the question, how- —
South to-day, by an almost unanimous voice,
ever it may come up. I am not acquainted are in favor of urging and warning all Ameri-
with the rules of the House. As soon as I can citizens to refrain from traveling upon
learn one a new one comes up that I had not armed vessels of belligerents during the con-
found out, and it will be a good while before I tinuance of this world war.
do know about them. [Laughter.] I do not
Not one good reason has been advanced why
know how this question will come up
yet just ;
such warning should not be issued. None can
but what I do know is that if I can find out
be advanced. In this debate other questions
the question I know how I want to vote on it,
than the real one at issue can be raised and
and when I do vote I am going to vote against
have been raised. Arguments based on these
Americans traveling on armed vessels and
questions are beside the real issue as to wheth-
bringing us into war by their foolishness. er American citizens should or should not be
[Applause.] warned and urged to keep off of armed vessels
Mr. MANN. Mr. Chairman, I yield five of belligerents during this war, and are ar-
minutes to the gentleman from North Dakota
guments that have no proper place in this de-
[Mr. Norton]. bate.
Mr. NORTON. Mr. Chairman, I have lis- I have wondered how much the desire and
tened with very much interest to the remarks influence of the powerful banking, manufac-
of the gentleman from Kentucky [Mr. Sher- turing, and shipping corporations of this coun-
ley] and the remarks of the gentleman from try that are carrying on a superlatively profi-
Virginia [Mr. Flood] upon this very grave table trade with the allies to-day is responsi-
and important question. It seemed to me that ble for the newspaper expressions and senti-
the force of the argument contained in their ment in opposition to a direct and decisive
remarks was that any Member of Congress vote on this question by the Congress. I have
who opposed the tabling of the McLemore wondered if the sentiment in some quarters

resolution was unpatriotic. Now, I do not against the adoption of the proposed resolu-
believe that all the patriotism in this country tion arises so much from a spirit of national
lies with the gentleman from Virginia or with honor and patriotism as from a spirit of priv-
the gentleman from Kentucky or altogether ate gain and profit.
with the gentlemen on that side of the House. Why was it right a short time ago to warn
Nor do I believe, Mr. Chairman, that in this Americans not only to keep out but to get out
Nation the sum total of patriotism and love of Mexico, and why is it now weak and dis-
of country lies alone with the President of honorable to warn Americans to keep off of

armed vessels of belligerents? Do we hold that eign affairs reported the McLemore resolu-
Sweden has been weak and dishonorable in tion with therecommendation that it lie on the
warning her citizens to keep off of armed ves- table. That is the usual form of an adverse
sels of belligerents during this war. I think report upon a bill, and under the rules of the
not. [Applause.] House, thereupon it was laid on the table.
The CHAIRMAN. The time of the gentle- Nobody who favored the resolution asked to
man from North Dakota has expired. have placed on the calendar, as was in or-

Mr. MANN. Mr. Chairman, how much time der under the rules within three days; but,
have I remaining? unfortunately, my colleague from Illinois [Mr.
The CHAIRMAN. The gentleman has six Foss], who, I understand, is opposed to the
minutes. resolution, this morning asked to have it

Mr. MANN. I yield three minutes to the placed on the calendar. Being on the calen-
dar, there is no way under the rules of the
gentleman from New York [Mr. Platt].
Mr. PLATT. Mr. Chairman, I do not un- House, under our procedure, by which it can
derstand how a Member of this House, es- be reached for consideration. On Saturday it
was on the table. This morning it was lifted
pecially a Republican Member, can criticize
the President of the United States for warn-
from the table under the rules and placed on
the calendar, hanging in the air, where nobody
ing people out of Mexico instead of protect-
can reach it. To-morrow the Committee on
ing them and then in the same breath turn
around and ask him to warn Americans off Rules proposes to bring in a rule under which
any gentleman have priority and right of
belligerent ships on the high seas. It seems
to me that that is the apex of idiotic incon- recognition to move
to lay it back on the table,
where it was Saturday and this morning. For
sistency. [Laughter.] And several Repub-
licans have made speeches of that kind.
Heaven's sake, how does that method of pro-
cedure settle any grave international complica-
Chairman, this is not a question of the rights
tion? It is a silly procedure.
of some blatant fool from New York or Brook- [Applause.]
Those who favored laying the resolution
lyn who says when he gets aboard a ship that
on the table are going to vote that way to-
he enjoys the "thrills" of going through the
war zone. It is not a question of that kind at morrow. Why do they not leave it on the ta-
all. That sort of braggart would not travel ble to-day? They say they want a vote of the
on a ship where there were not a lot of other House. It willbe no more tightly attached to
the table if the House tables it than it was
Americans where he would feel well protected.
It is not a question primarily of trans-Atlantic
when the committee tabled it under the rules;
but if gentlemen are on the square, if they
travel. There are American men and women
all over the world, many of them missionaries really want to know the opinion of the House,
then there ought to be an opportunity to
or engaged in errands of mercy or engaged in
amend the resolution so as to express the opin-
business, in building up American trade. They
ion of the House.
must travel sometimes, and they are compelled
to travel on such ships as they can find. Now, Mr. ADAMSON. Mr. Chairman, will the
some of these ships may carry a 6-inch gun or gentleman yield?
a machine gun of some kind, may be armed for Mr. MANN. I would if my time were not
defense. Are we going to serve notice on a expired.
foreign nation which is using submarines Mr. TAYLOR of Colorado. Mr. Chairman,
against merchant ships that she can torpedo how much time is there left?
any of those ships on sight, without warning? The CHAIRMAN. The time of the gentle-
Are we going to serve notice that we do not man from Illinois has been exhausted. The
propose to protect our American citizens if gentleman from Colorado has three minutes
traveling upon such ships? We have not any remaining.
ships of our own upon which they can travel. Mr. TAYLOR of Colorado. Mr. Chairman,
If we are going to stop them entirely from I yield three minutes to the gentleman from
traveling, if we are going to be so cowardly Georgia [Mr. Edwards].
as to say in advance that we are not going to Mr. EDWARDS. Mr. Chairman, I shall not
g^ve them any protection, I for one feel as attempt a detailed discussion of this import-
though I would like to renounce my American ant question, but, as an advocate of peace, will
citizenship. I do not like to belong to a coun- discuss what the McLemore resolution pro-
try of such cowards. [Applause.] poses and its effects. If the President did not
Mr. MANN. Mr. Chairman, if this were not already have in hand the delicate foreign dip-
serious, it would seem to me like an opera lomatic issues touched upon by this resolution,
bouffe. On Saturday the Committee on For- it would, to a great extent, present a different

case, but we are conifronted with a condition Kansas [Mr. Campbell], and at the end of that
and not a theory. It is a matter upon which time the gentleman from North Carolina will
there is an honest difference of opinion. Others move the previous question.
who are sincere are entitled to their opinions, Mr. POU. No, Mr. Speaker; the gentle-
and equally as sincere, am entitled to mine.
I, man from Tenessee [Mr. Garrett] will close
Some one is mistaken in the correctness of the debate on this side, and move the previous
their views, and, of course, I think the gen- question.
tlemen of a contrary idea to mine are mis- The SPEAKER. Is there objection to the
taken. There is no need for feeling. are We request that debate continue an hour and a
all Americans and interested in the welfare
half, as stated by the gentleman from North
and glory of our great common country. I Carolina.
agree that Americans should stay off armed There was no objection.
merchantmen flying belligerent flags and Mr. POU. Mr. Speaker, on the 22d daj of
should do all in their power not to involve us,
but the handling of the matter should be left February a resolution was introduced in the
House by the gentleman from Texas [Mr.
with the President.
McLemore], requesting the President "to
warn all American citizens within the borders
In the House of the United States or its possessions or
of Representatives,
elsewhere to refrain from traveling on any
Tuesday, March 7, igi6 and all ships of any and all powers now or in
future at war, which ship or ships shall mount
Mr. POU. Mr. Speaker, I offer a privileged
guns, whether such ships be frailly avowed
resolution from the Committee on Rules, a part of the naval forces of the power whose
which I send to the Clerk's desk:
flag it flies or shall be called a merchant ship
The Clerk read as follows:
or otherwise, and whether such gun or guns
HOUSE RESOLUTION 158. or other armament be called offensive or de-
Resolved, That
immediately upon the adoption fensive; and in case American citizens do trav-
of this resolution the House shall proceed to con- el on such armed belligerent ships they do so
sideration of H. Res. 147; that there shall be four at their own risk." This is, of course, not all
hours of general debate, one-half to be controlled of said resolution, but I think I have quoted
by the gentleman from Virginia, Mr. Flood, and
one-half by the gentleman from Wisconsin, Mr. the most important part. Almost immediate-
Cooper that at the conclusion of said general debate
; ly resolution, known as the McLemore
the said resolution shall be considered under the resolution, was telegraphed to the capitals of
general rules of the House. the nations now at war. At that very moment
Mr. POU. Mr.
Speaker, by direction of the the President and the State Department were
Committee on Rules I ask unanimous consent conducting negotiations and engaging in dip-
that the debate on this resolution be limited lomatic conversations with the nations at war
to 1 hour and 30 minutes, 45 minutes of that for the purpose of settling the question of the
time to be controlled by myself and 45 min- rights of American citizens to travel upon the
utes to be controlled by the gentleman from ships described in the McLemore resolution.
Kansas [Mr. Campbell]. I think I may even
say that a friendly agree-
The SPEAKER. The Chair will inquire of ment was in sight with the American con-
the two gentlemen if it is the understanding tention almost agreed to by the central pow-
that at the end of that hour and a half the pre- ers. It also developed that telegrams were
vious question shall be considered as ordered. sent to the capitals of these warring nations
Mr. POU. I would like to have that agree- expressing the opinion that if the McLe-
ment. more resolution or any similar resolution ever
Mr. CAMPBELL. Mr. Speaker, that was came to a vote in the House of Representatives
not in the agreement. the same would be adopted by an over-
Mr, POU. That was not in the agreement. whelming vote.
Of course, it is expected that the gentleman It is known that this Government had
who closes the debate on this side will move insisted and was insisting that Americans had
the previous question. That is the under- the right to travel upon ships armed for defen-
standing. sive purposes, inasmuch as such right had been
The Speaker. The gentleman from North exercised for centuries under international law
Carolina [Mr. Pou] asks unanimous consent recognized by the civilized nations of the
that debate on this rule be limited to one hour world.
and a half 45 minutes to be controlled by
At the time of the introduction of this reso-
himself and 45 minutes by the gentleman from lution two of the great powers now at war had

informed neutral powers of their determination nations that they shall not murder Americans
to attack without warning after without warning. He is standing for a right
February 29
all armed vessels of their
enemies, even though never seriously questioned, but which the
such vessels might be merchant
ships armed McLemore resolution proposes to withdraw.
for defensive purposes. never challenged by civilized men anywhere
It is well known that the President and before the present great war. And, Mr. Speak-
Secretary of State insist that no nation has er, the question is now raised whether the na-
the right to attack merchant ships armed for tions at war shall determine what rights the
defensive purposes that if such attack is made
; citizens of a neutral nation possess —
advance warning shall be given and opportun- that question shall be determined by the law
ity afforded for escape without loss of life of of nations agreed upon by civilized people
noncombatants traveling on said ships. everywhere long before this, the greatest of all
Very industriously the statement was pub- the nations was born. Think of the very au-
lished in foreign capitals that Congress was dacity of the thing, if you please. Shall Amer-
not with the President in his contention. It icans, exercise their rights under the law, or
was announced that this McLemore resolu- shall Germany or Austria be permitted to say
tion would pass this House by a large major- just how and under what circumstances Amer-
ity. The result was an immediate paralysis of icans shall travel? If that is to be the con-
all efforts ofthe President and State Depart- clusion of this controversy, then for God's
ment American rights
to secure recognition of sake let us tell our own people to get their
under international law by some of the nations passports in future from some foreign Govern-
at war. ment and not from our own State Department.
On the 29th
of February the President, No President save Abraham Lincoln ever
knowing that the McLemore resolution was occupied such a trying position as Woodrow
pending, learning that the charge was being Wilson. He has been so earnest in his efforts
circulated in foreign capitals that Congress to keep us out of this war that not a few have
would, upon a vote, repudiate the American said he was surrendering too much. He does
contention, asked the Committee on Rules to not want war and he does not expect we will
take such action as would insure an early vote. become involved in this war, but if you want
The President believed the charges to be false, to make war probable just throw him down in
but the very fact that they were being indus- his fight for this admitted, undisputed
of American citizens. No; he does not want
triously published and circulated was the
cause of very damaging misunderstandings in war, and nobody who has watched this man's
our relations with some of the nations at war. course ought to say he does. Fools, liars,
The McLemore resolution has been and is particularly those who are willing to misrep-
the cause of these misunderstandings. The resent him to gain political advantage, may
Committee on Rules has therefore felt justi- possibly bring this charge. He does not want
fied in reporting the resolution which I have war, but he is not willing to surrender part
of the sovereignty of this Nation to prevent it.
presented in order that this House, after lib-
eral debate, may by its vote let the world know He will never involve us in war. If war comes,
whether we stand with the President or you may be dead sure it will be forced upon us
whether it is true that House resolution 147, when every honorable alternative has failed.
introduced by the gentleman from Texas, has You can bring us a little nearer a break by
the support of the majority. A
vote on this throwing him down in his efforts to uphold
resolution raises the question. In no other our admitted rights. Let not the American
way can this House answer the charges which House of Representatives be a party to such a
the President believes to be false. In no other crime. [Applause.]
way can the charge be answered that this reso- Just one word in conclusion. Perhaps it is
lution would pass if a vote is taken. a repetition of what I have already said. I
feel that a deep injustice has been done the
And, Mr. Speaker, what is the contention of
the President? It is that ships not intended

President the suggestion that he wants war.
to participate in war, ships engaged in peace- No; he does not want war. He does not ex-
ful commerce, merchant ships, liners, upon pect war. He does not expect that diplomatic
which Americans are traveling shall not be at- relations with any nation will be broken off.
tacked without warning. The President de- These things may come; nobody can tell, but
mands of all the warring nations that they the President does not expect either war or the
shall not endanger the lives of Americans trav- breaking of our diplomatic relations. [Ap-
eling upon ships upon which they have the plause.]
right to travel. He demands of these warring Mr. CAMPBELL. Mr. Speaker, the ques-

tion first to be considered to-day will be upon tion involved when the Government issued its
the previous question on the rule. If the pre- warning to those in Mexico and issues pass-
vious question be voted down, I shall offer the ports with restrictions to those purposing to
following substitute which simply warns travel in Europe. It is the question of how far
American citizens of the danger of taking pas- American citizens shall exercise their rights to
sage on armed ships of nations at war: their own danger and the possible danger to
Strike out all after the word "debate" where it last their country.
occurs and insert the following: It is not less dangerous to take passage on
"The resolution and preamble shall both be open an armed belligerent ship than to remain in
to amendment with the following amendment con-
sidered as pending, to wit: Mexico or to travel as a sight-seer in the war
"Strike out both the preamble and the resolution zones of Europe.
and insert in lieu thereof the following: I have here what purports to be the so-called
'Resolved, That in the opinion of the House of secret orders of the British Admiralty with re-
Representatives citizens of the United States under
existing conditions and irrespective of their legal gard to the orders and instructions to armed
rights ought to refrain from taking passage on armed merchantmen. They were published a few
vessels of belligerent nations,' and the considera- days ago for the first time in the United States.
tion of the resolution and amendments thereto shall Merchantmen are directed in these instruc-
proceed under the five-minute rule to a final vote
on its passage." tions that it is important that submarines are
This substitute does not go into all the ques- not to be allowed to approach to short range,
to which a torpedo or bomb launched without
tions raised by the McLemore resolution, and
notice would almost certainly be effective.
it brings the House of Representatives to a

vote on the propositions upon which the Pres- These merchantmen are instructed further that
it may be presumed that any submarin,e that
ident of the United States has asked the Con-
deliberately approaches or pursues a merchant
gress to give full discussion and to express its
vessel does so with hostile intention, and that
opinion. If the previous question be not voted
in such cases fire may be opened in self-de-
down, then, at the end of four hours of general
the from fense in order to prevent the hostile craft from
debate, gentleman Virginia [Mr.
will move to lay the McLemore reso- closing to a range at which resistance to a
lution upon the table, and the House will
submarine attack by a bomb or torpedo would
not be able to express itself upon the main is- be impossible.
sue. That is the preliminary situation. The That gives the order to a merchantman,
armed, to open fire as soon as a submarine is
House of Representatives, therefore, will not
do what the President has asked, namely, give seen approaching.
him its unqualified opinion on the question of The difference between an armed merchant-
w^arning American citizens not to ride on the man, so acting, and an armed cruiser is not
armed ships of nations at war. apparent to the average layman. The danger
There is no great question of national right of taking passage on this sort of vessel was ap-
involved at this time. We
are not confronted parent to the administration as late as the 18th
with a great crisis in which the honor of the of January, 1916, when the Secretary of State,
Nation is involved at this moment. The only in a note to the foreign powers, said:

question is on the doubtful legal rights of the The use of submarines, however, has changed
citizens of a neutral country to ride on armed these relations. Comparison of the defensive
strength of a cruiser and a submarine shows that the
ships. latter, relying for protection on its power to sub-
Mr. Speaker, the President warned Ameri- merge, is almost defenseless in point of construc-
can citizens to flee from war-stricken Mexico, tion. Even a merchant ship carrying a small caliber
and we appropriated money to aid them in gun would be able to use it effectively for offense
against the submarine.
their escape. Our Government limits the right
It would therefore appear to be a reasonable and
of travelers in the war zones by restrictions reciprocally just arrangement if it could be agreed
on the issuance of passports. Citizens are not by the opposing belligerents that submarines should
be caused to adhere strictly to the rules of interna-
permitted to visit belligerent countries or pass
tional law in the matter of stopping and searching
from one belligerent country to another mere- merchant vessels, determining their belligerent na-
ly for "pleasure," "recreation," "touring," or tionality, and removing the crews and passengers
"sight-seeing." to places of safety before sinking the vessels as
It is the undoubted right of an American prizes of war, and that merchant vessels of belliger-
ent nationality should be prohibited from carrying
citizen to remain in belligerent Mexico. It is any armament whatsoever.
the undoubted right of an American citizen to In proposing this formula as a basis of conditional
visit either or all the belligerent countries declarations by the bellisferent Government, I do
so in the full conviction that each Government will
of Europe. That is not the question. The
consider primarily the humane purposes of saving the
question of American rights was not the ques- lives of innocent people rather than the insistence

upon doubtful legal right, which may be denied President's position on these negotiations, by
on account of new conditions.
I would be pleased to be informed whether your laying the McLemore resolution on the table,
Government would be willing to make such a de- the war-making power assumes the burden of
claration, conditioned upon their enemies making responsibility for the positions taken.
a similar declaration. Are the Members of this House to-day ready
should add that my
I Government is impressed
to say that American citizens shall without re-
with the reasonableness of the argument that a
merchant vessel carrying an armament of any sort, straint exercise their doubtful legal right to
in view of the character of the submarine warfare take passage on the armed merchantmen of
and the defensive weakness of undersea craft, should the nations at war? If so, are the Members of
be held to be an auxiliary cruiser and so treated by
this House ready to take the next step and
a neutral as well as by a belligerent Government and
is seriously considering instructing its officials ac- make a declaration of war on the nation that
cordingly. sinks an armed merchant ship upon which an
Will the President say now, Will Congress American loses his life? To-day the question
to-day advise American citizens that they may
of national honor is not involved. The question
ride upon an armed cruiser of a belligerent of national rights is not involved.
nation ? The three citizens who sailed on Saturday
Mr. Speaker, I fear the President is not en- on a merchant ship that is to be armed at Gi-
frank with Congress. The letter of the braltar said they enjoyed the thrill growing
out of the danger. Are Members of Con-
Secretary of State to the warring powers dated
January 18, 1916, takes the position that an gress ready to declare war that such as these
armed merchantman is to all intents and pur- may have the thrills growing out of the dan-
poses an armed cruiser, and the Secretary of ger they assume in taking passage on ships
State on that day advised foreign powers that that are to all intents and purposes battle
our Government was contemplating issuing no- cruisers of nations at war?
tice to American officials to treat these armed For one, Mr, Speaker, I am not ready for
merchantmen accordingly. war on any such grounds, and if the Executive
refuses to warn American citizens of the dan-
What international question has arisen that
has caused the administration to change its ger they assume in taking passage on these
mind on the true character of an armed mer- ships, I shall vote, if I can make the opportun-
chant ship, a question now so vital to our Re- ity to-day, to give all our citizens such a warn-
public and to the welfare of mankind? Both

England and Germany have armed, and are Let this Congress go on record to-day as
arming, their merchant vessels ostensibly for issuing a solemn warning to the citizens of this
defense. The Admiralty of England instructs country of the great danger they are in when
her merchantmen to fire on approaching sub- they take passage on an armed belligerent ship.
marines before they get within the range of They owe this precaution to themselves, their
bombs or torpedoes. Those who contend families, and to their country. [Applause.]
for the niceties of international law must ad- Mr. POU. Mr. Speaker, I yield eight min-
mit that that action on the part of the British utes to the gentleman from Mississippi [Mr.
Admiralty denies the right of search of mer- Harrison]. [Applause.]
chant vessels and also makes futile interna- Mr. HARRISON. Mr. Speaker, this is not
tional agreements that time shall be given for a partisan question. It should not be made a
passengers and crew of merchant vessels to partisan question. We should not meet it
find safety before the ship is sunk. simply as members of the Democratic Party
Mr. Speaker, my fear is that the President or as members of the Republican Party or of
is now undertaking to secure from Congress a the Socialist Party, but we should look at the
reversal of the policy of the administration question from the standpoint of "America
laid down in the letter of January 18, 1916, first." [Applause.] The issue is clear-cut and
with regard to the character of armed mer- well defined although there are gentlemen
chant vessels in which they are held to be aux- here who have tried to confuse the issue and
iliary cruisers. The President is responsible muddle the situation. Sirs, by your votes to-
for theconduct of international negotiations. day on the rule for the previous question, or
Every belligerent power understands this pro- on the motion to table the resolution which
vision of the American Constitution. The Pres- will follow the adoption of the rule, you will
ident does not hold the war-making power. say whether you propose to further embarrass
The warring nations of Europe also under- and hamstring the President in the exercise
stand this provision of our Constitution. If, of his constitutional right to conduct the dip-
therefore, on the request of the President, the lomatic negotiations of this country, to the
Congress, even at his '"equest, reverses the delight of certain foreign governments and

their sympathizers in this country, or whether would be the technical legal right of an Amer-
you will rise above the littleness of narrow ican citizen to so travel on such armed vessel
in the zone of war.
partisanship and beyond racial influences to
the heights of true patriotism and the satisfac- There is no more dangerous man or one
tion .and pride of every red-blooded American. more detestable than the man who at all times,
[Applause.] You can not confound the issue at all hazards, under all circumstances, insists
in this instance. You may offer your argu- upon the technical measure of his rights
ments as excuses for voting against the pre- without regard to the disastrous effects that it
vious question on the rule, or the rule, but you may have upon others.
know if the rule to-day is defeated the de- Such a man is either a fool or a knave, and
sire of the President to obtain a vote on the usually both.
motion to table the McLemore resolution can The people of this land will rise as one man
not be granted, and when you do that, you sirs, to punish the nation, no matter what its name
delight and send joy to the hearts of people may be, that inflicts any injury upon us in any
in certain foreign capitals but you stab your vital function, and all resources and all names
own President in the back. [Applause.] will be placed at the need of that hour.
The President has come to us with a simple But for a technical right of a citizen to in-
and just request. He has said that because of vade the theater of war upon an armed mer-
the uprising in this House last week the im- chantman demanding protection against in-
pression has gone to foreign countries that jury while doing so, hunting a chance for
this House is for the McLemore resolution trouble, seeking to precipitate a land into a
by a vote of about 3. to 1, and that because of deluge of blood and suffering and the horrors
those impressions he is being handicapped and of war, there will be neither toleration nor pa-
embarrassed in his handling of the diplomatic tience upon the part of our Nation.
aflfairs of this Government, and he requests us, Here civilization abides to-day, here re-
as Americans, to remove those impressions by poses that balm that must heal the wounds of
voting to table the McLemore resolution. Are the earth, when reason has asserted itself with
you going to deny that simple request? Are the contending forces.
you going to offer arguments, which are but Should we enter the maelstrom of hate, of
excuses, over technicalities? He says that he bloodshed, of savagery, or of despair in a quix-
will be satisfied with a vote on the motion to otic effort to protect a reckless traveler who
table the McLemore resolution. If that is what thrusts himself within the reach of the mad-
he asks for, why parley over details. dened contenders?
Mr. CAMPBELL. Mr. Speaker, I yield And this brings us to the last question, even
seven minutes to the gentleman from Illinois the consideration of which must make the pul-
[Mr. Chiperfield] . ses slow as the consequence of an affirmative
Mr. CHIPERFIELD. Mr. Speaker and answer are noted.
gentlemen of the House, for one I believe in If injury comes to such citizens while so
responding fully and with entire frankness to traveling upon armed belligerent merchant-
the request of the President as to the attitude men, should it be regarded as a cause of war.
of Congress with reference to American citi- Only one answer is possible, and that is
zens traveling upon armed belligerent mer- that it would necessarily be a cause of war.
chantmen. If the Congress of the United States
With Congress and italone rests the power says to the citizen that he may safely travel
to declare war, and upon this diplomatic ques- upon such armed ships, and he accepts the
tion submitted by the President to it it is well right which we so tender him, and is de-
that we speak with great clearness. stroyed, can we imagine that we are poltroons
Shall American citizens be permitted, ex- enough t<:, say that our declaration of policy
cept at their own risk, to embark upon armed was only a sounding brass and a tinkling cym-
belligerent merchantmen and travel within bal and that action was not intended?
the zone of war? Could we thus stultify ourselves? Could
If considered from the standpoint of expe- our President with honor do otherwise than
diency, there can only be one answer, and that diplomatically go to the verge of war?
answer must be in the negative. Could Congress then refuse to act?
To so journey exposes the traveler by either For one I am too good a friend of the Chief
the attack of a hostile vessel, or by the accident Executive of this Nation to commit him to
of a mine, to possible destruction. such a course in advance of the condition aris-
Tor the purpose of the argument and only ing that calls for such drastic action.
for such purpose it may be admitted that it For one I do not propose in advance to de-

liver him into the hands of his enemies when McLemore resolution, because such action, in
the facts that are said to constitute the danger my opinion, means a lasting peace for this Na-
are wholly unknown to this Congress. tion. President Wilson has kept this Nation
FOR ONE I DO NOT PROPOSE TO at peace while all of the other great nations of
with war. Every true
TION THAT THIS NATION SHALL EN- American should thank God that
TER THIS WAR EXCEPT TO REDRESS Woodrow Wilson is our President in this
A SUBSTANTIAL INJURY TO THE VI- great crisis. [Applause on the Democratic
TAL RIGHTS OF THE NATION OR A side.] There are those among us who say
DISTINCT AFFRONT TO ITS HONOR. that the action which we wish to take to-day
POU. Mr. means war.
Mr. Speaker, I yield six minutes
to the gentleman from Kentucky [Mr. Can- In my humble opinion it is the only sure
trill]. way to guarantee peace, and an honorable
The SPEAKER. The gentleman from Ken- peace is what we all devoutly pray for.
is for six Mr. CAMPBELL. Mr. Speaker, I yield
tucky [Mr. Cantrill] recognized
minutes. seven minutes to the gentleman from Wiscon-
Mr. CANTRILL. Mr. Speaker, as a mem-
sin [Mr. Lenroot]. [Applause on the Repub-
lican side.]
ber of the Rules Committee, I voted in com-
mittee for this rule, and of course I will vote The SPEAKER. The gentleman from Wis-
for its adoption by the House. I will vote for
consin is recognized for seven minutes.

the rule and earnestly hope that it will be Mr. LENROOT. Mr. Speaker, this House
should either defeat this rule, leaving the mat-
adopted, because this is the only way in which
this House can take a positive stand before the
ter where it now is, in the hands of the Presi-
world on the McLemore resolution. In stat- dent, or else it should defeat the previous ques-
tion and permit an amendment to the rule to
ing my own position in emphatic language, I
be offered that will give this House the oppor-
do not any way question the patriotism of
those who vote differently from me. I con- tunity to express its real convictions upon the
cede to them the same love of country and de- question before it, if it is to be voted upon at
votion to American principles that I claim for all. [Applause on the Republican side.]
I feel deeply and strongly on this Mr. CRISP. Mr. Speaker, will the gentle-
matter, because I believe that the honor and
man yield for a question?
safety and rights of my country are now in the Mr. LENROOT. I can not, for I have not
balance. The President of the United States the time. If I have time later on, I will. Mr.
has asked Congress to discuss fully in public Speaker, in the letter of the President of the
the question at issue and then act upon it. This United States to Mr. Pou, acting chairman of
rule provides a full and open discussion and the Rules Committee, he said —
provides the only way possible for action by The report that there are divided counsels in Con-
this House on a question which is to-day the gress in regard to the foreign policy of the Govern-
one great question in every capital of the ment is being made industrious use of in foreign
world. It is known that the defeat of the Mc- capitals. I believe that report to be false, but so

Lemore resolution is the specific thing that the long as it is anywhere credited it can not fail to do
the greatest harm and expose the country to the
President asks for in order that he might pro- most serious risks.
ceed unhampered in his negotiations with for-
Mr. Speaker, if this House is to deal with
eign countries in maintaining American rights
and international law. The President is the this question at all through the adoption of a
rule, the President is entitled to know whether
.spokesman of the American people in dealing
with foreign nations, and in the great crisis or not there are divided counsels upon this
which now confronts this Nation I would feel question. That can not be determined by a
myself untrue to my country and to my flag tabling of the McLemore resolution. Vote
if I did not comply with his request. This is down the previous question, and I assure you
not the time for divided counsel. It is not fair that instead of tabling the McLemore resolu-
to this Government that foreign nations should
tion you will have an opportunity to vote upon
a resolution of simple warning to the Ameri-
longer be confused as to the position of the
can people, advising them to refrain from trav-
Congress of the United States, and I intend
by my vote to help wipe out all doubt on the eling upon armed ships of belligerent nation-
issue. This can be effectively and permanent-
alities. [Applause on the Republican side.]
ly done by the defeat of House
resolution 147, If you vote against the previous
known as the McLemore
resolution. I ask for and permit an amendment to the rule, I repeat
the adoption of the rule and the defeat of the again that you will have the opportunity of

voting for just exactly that proposition as a The President has made this request for a
substitute for the McLemore resolution but ;
vote. would not flout such a request at this
if you vote for the previous question, and time, and I shall vote to give the opportunity
thereby cut off the opportunity of amending he requests. But when the opportunity comes
the resolution, if trouble comes in the future, I shall vote in accordance with fixed con- my
which we all hope will not come, you will have victions. I shall vote against
laying the Mc-
no opportunity to say, "I would have liked to Lemore resolution upon the table [applause],
have voted to avoid this crisis if I had had an because I know that under this rule if that

opportunity; I would have done so, but I motion fails full opportunity will be given to
was not aflForded the opportunity." You Members of this House to go upon record
can not say that. The responsibility is upon upon a simple and direct resolution to warn
you. If you are not willing to commit your- Americans against traveling upon armed mer-
selves to a declaration of war against Germany chant ships of belligerents. Such a resolution
if it does not see fit to yield to the demands of would not deny their rights, and it would not
the administration, the responsibility is upon be an admission that our Government should
you now to vote against the previous question, not assert every right to the extreme limit. I
to permit an amendment to this rule, to permit agree with those gentlemen who have ex-
the House to express its real convictions upon pressed the opinion that this country should
this question, so that the President of the not hazard the risk of war because of fool-
United States may know upon what he can hardy, reckless, or mercenary Americans who
rely. [Applause on the Republican side.] persist in jeopardizing the welfare of our coun-
Mr. POU. Mr. Speaker, I ask unanimous try by traveling on these armed ships. [Ap-
consent that gentlemen who have spoken
or who may speak hereafter on the rule may
have permission to extend their remarks in the
Mr. CAMPBELL. Mr. Speaker, may I ask
the gentleman from North Carolina how many
The SPEAKER. The gentleman from speeches he has remaining?
North Carolina asks unanimous consent that Mr. POU. There will be three more on this
all gentlemen who have spoken or who may side.

speak on this rule may have leave to extend Mr. CAMPBELL. wish the gentleman

their remarks in the Record. Is there objection ? would use two have only one more.
of them. I

Mr. HUDDLESTON. Reserving the right Mr. POU. Mr. Speaker, I yield four min-
to object utes to the gentleman from Pennsylvania [Mr.
Mr. MANN. I object. Farr].
The SPEAKER. The gentleman from Illi- Mr. FARR. Mr. Speaker, I shall vote to-
nois objects. day to table the McLemore resolution, because
Mr. POU. I yield four minutes to the gen- I want to vote in defense of that
flag.* [Ap-
tleman from New York [Mr, Fitzgerald]. plause.] Any other vote, no matter how con-
The SPEAKER. The gentleman from New scientiously given under these circumstances
York [Mr. Fitzgerald] is recognized for four
when our national honor is imperiled, is to
minutes. [Applause.] vote to put a yellow streak in it. [Applause.]
Mr. FITZGERALD. Mr. Speaker, I fa- History will so record it. We
can not evade
the real issue that confronts us to-day. I shall
vor the vigorous assertion and maintenance of
vote to table the McLemore resolution, which
every right of every American citizen, and I is a vote against it not only to
would go to any extent to express the confi- strengthen the
hands of the President in his conduct of for-
dence of this House in the President in his
eign relations but for a vastly greater and
conduct of the present negotiations with other
nations. I shall vote for the previous ques-

more vital reason to maintain our national
honor and not to yield or abridge the rights
tion and for the pending rule. I desire to vote
for a resolution which expresses the sentiment
of American citizens.
of this House that Americans should refrain Mr. Speaker, our national
this is a crisis in
from traveling upon armed merchant ships of history. Patriotism demands a united front.
belligerents. It can be obtained as well Let there be no doubt about our position. It
adopting by adopting what is pro-
this rule as must be clear, unmistakable, and positive.
posed by the minority of the House. This [Applause.]
rule is the fairest and most liberal one ever Mr. POU. Mr. Speaker, how much time did
brought into the House to give the Members the gentleman use?
<in opportunity to express their convictions. The SPEAKER. The gentleman yields back
JApplause on the Democratic side.] one minute.

Mr. POU. I yield four minutes to the gen- zens to travel on these armed vessels. I am
tleman from Pennsylvania [Mr. Graham]. not willing to extend an invitation to Ameri-
Mr. GRAHAM. Mr. Speaker, the simple can citizens to travel on armed vessels when
question presented to us is whether or not we to do so may bring us into serious complica-
will attend to the business that belongs to us tions, and I would not voluntarily offer to in-
and allow the President to attend to his. [Ap- ject my own opinion upon this subject while
plause.] Here is a negotiation progressing, a the President is carrying on his negotiations ;

diplomatic negotiation, in regard to which but when the President seeks to know what
there is nothing more delicate or difficult, and the American people may think on the subject
in the midst of it a resolution is thrust into this as expressed by their Representatives, I think
it is our duty, if we are to act at all, to meet
House, and one into the Senate, and in a meas-
ure the power of the President is hampered if the question fairly and squarely and express
not destroyed. the opinion such as we have and if we believe

Mr. CALLAWAY. Will the gentleman that American citizens, under at least ordi-
yield? nary circumstances, ought not to render this
The SPEAKER. Does the gentleman from country liable to war, we ought to say so, and
Pennsylvania yield to the gentleman from leave the President in his discretion and power
Texas ? to take care of the future. [Applause.] We
Mr. GRAHAM. No, sir.
[Applause.] It have not sought to bother or annoy the Presi-
gives rise to the opinion in the capitals of dent ; we have not sought to interfere with the
Europe that we are a divided House and that program of the President but the President,

there is no unity of purpose or sentiment, and it is said, asks our beliefs on the subject. Let
how is the President going to conduct success- ustell him frankly and fairly that we do not

fully any negotiation? He has requested

sim- desire complications which will lead to war
plysome expression of opinion by this House [applause] ; and the only method by which we
upon the question whether or not this House can now proceed under these circumstances,
will interfere with the progress of his diplo- if we are willing to meet the question fairly,

matic work. By the adoption of this rule, by is to vote down, first, the previous question.

the adoption of the previous question, by lay- I can not conceive how it will be considered

ing resolution No. 147 on the table, we sirnply that the President is informed through a par-
say to the President while these negotiations liamentary trick, such as is proposed by the
are pending: "You have a free hand to go on Committee on Rules, to give the House no
and exercise your best judgment in discharg- chance to vote on the real question at issue,
ing your constitutional duty." [Applause.] but only to table a resolution which the House
Not for one moment are we advocating giv- would not agree to under any circumstances.
ing warning or refraining from giving
warn- Let us be fair enough to the President, to our-
ing. Many of the sentiments echoed here to- selves, to the country, to meet the issue and
day find a response in my soul and the approv- express the opinion which we have, and there-
al of my judgment. But I do not to-day want by endeavor to prevent war, which we all hope
to be either pro-German, pro-Austrian, or pro- will not come. [Applause.]
English, but only an American in favor of
the Mr. POU. Mr. Speaker, how much time
American Nation standing up and facing the have I remaining?
world upon its rights. [Applause.] The SPEAKER. Nine minutes.
Mr. POU. Mr. Speaker, there will be but Mr. POU. Mr. Speaker, I yield the remain-
one more speech on this side. der of my time to the gentleman from Ten-
Mr. CAMPBELL. Mr. Speaker, I yield 10 nessee [Mr. Garrett]. [Applause.]
minutes to the gentleman from Illinois [Mr. Mr. GARRETT. Mr. Speaker, I do not rise
Mann]. to support this resolution because it is asked
Mr. MANN. Mr. Speaker, if we are correct- by Woodrow Wilson the man, great as is my
the floor, not admiration for the man. I do not rise to sup-
ly informed by gentlemen on
having been informed directly by the Presi- port it because it is asked by the titular leader
of the political party to which I belong, anx-
dent, either in a message or in person here, as
to what he desires, the President desires our ious as I am for the continued success of that
opinion on the subject of American citizens party. I rise, Mr. Speaker, to support this

traveling on armed vessels of belligerent

na- proposition because it is asked by the Presi-
tions. We do not express any opinion on that dent of my country [applause], who, by vir-
subject by laying the McLemore resolution on
tue of that position, without reference to his
the table [applause], unless such action shall distinguished personal attainments, is to-day
be construed as an invitation to American citi- the foremost man of all the world, and who is

carrying the most tremendous responsibilities
Griest Magee Scully
Griffin Maher Sears
that have ever rested upon any individual as Sells
Guernsey Mapes
the head of a neutral nation. It may be, sir, Hamilton, N. Y. Martin Shackleford
that if I were in a different situation, so far as Hamlin Mays Shallenberger
Hardy Miller, Del. Sherley
party affiliation is concerned, the temptation
Harrison Montague Sherwood
might be strong and might appeal to me with Hart Moon Sims
more force than I can now appreciate to en- Hastings Morgan, La. Sisson
deavor to embarrass the party in power by the Hay Morin Small
humiliation of its leader; but I believe, Mr. Hayden Morrison Smith, Tex.
Heflin Moss, Ind. Snyder
Speaker, that even if the President were one of Helm Mott Sparkman
opposite political faith and I desired to em- Helvering Murray Steagall
barrass and humiliate him, I should at least Hensley Neely Stedman
Hinds Nicholls, S. C. Steele, Iowa
try to pick upon some matter that did not in- Holland Pa.
Nichols, Mich. Steele,
volve the honor of my country. [Applause.] Hood Stephens, Miss,
Mr. Speaker, I move the previous question. Houston Oldfield Stephens, Tex
The SPEAKER. The gentleman from Ten- Howard Oliver Stiness
Huddleston Olney Stone
nessee moves the previous question. Stout
Hughes O'Shaunessy
The question was taken, and the Speaker an- Hulbert Overmyer Sumners
nounced the ayes seemed to have it. Hull, Tenn. Padgett Taggart
Mr. CAMPBELL. Mr. Speaker, I ask for a Humphreys, Miss Page, N. C. Tague
Husted Paige, Mass. Talbott
Igoe Park Taylor, Ark.
Several Members. Ask for the yeas and Jacoway Parker, N. J. Temple
nays. James Parker, N. Y. Thomas
Mr. POU. Mr. Speaker, I demand the yeas Jones Patten Thompson
Kelley Peters Tillman
and nays. Phelan Tinkham
Kennedy, R. I.
The SPEAKER. The gentleman from North Kettner Piatt Treadway
Carolina demands the yeas and nays. Key, Ohio Porter Tribble
The yeas and nays were ordered. Kiess, Pa. Pou ( Vare
The question was taken and there were — Kincheloe Price Venable
; Kitchin Quin Vinson
yeas 256, nays 160, answered "present" 1, not Kreider Ragsdale Walker
voting 17, as follows: Lafean Rainey Walsh
Lazaro Raker Ward
[Roll No. 26.]
Lee Randall Wason
Lesher Ranch Watkins
YEAS—256. Lever Rayburn Watson, Va.
Abercrombie Casey Estopinal Lieb Reilly Webb
Adamson Church Evans Liebel Riordan Whaley
Aiken Cline Fairchild Linthicum Rogers Williams, W. E.
Alexander Coady Farley Littlepage Rouse Wilson, Fla.
Allen Collier Farr Lloyd Rubey Wilson, La.
Almon Connelly Ferris McAndrews Rucker Wingo
Ashbrook Conry Fields McClintic Russell, Mo. Winslow
Aswell Cooper, Ohio Finley McFadden Sanford Wise
Ayres Cooper, W. Va. Fitzgerald McGillicuddy Saunders Young, Tex.
Bacharach Cox Flood McKellar Scott, Mich.
Barkley Crago Foss McLaughlin Scott, Pa.
Barnhart Crisp Foster
Beakes Crosser Freeman NAYS— 160.
Beales Dale, Vt Gallagher Anderson Gary Dyer
Bell Dallinger Gallivan Anthony Chandler, N. Y. Ellsworth
Blackmon Davenport Gandy Austin Charles Elston
Booher Decker Gard Bailey Chiperfield Esch
Borland Dempsey Gardner Barchfeld Coleman Fess
Britt Dent Garner Bennet Cooper, Wis. Flynn
Brumbaugh Dewalt Garrett Black Copley Focht
Burgess Dickinson Gillett Britten Costello Fordney
Burnett Dill Glass Browne, Wis. Cramton Frear
Byrnes, S. C. Dixon Glynn Browning Curry Fuller
Byrns, Tenn. Doolittle Godwin, N. C. Bruckner Dale. N. Y. Garland
Caldwell Doremus Goodwin. Ark. Buchanan, 111. Danforth Good
Candler, Miss. Doughton Gordon Buchanan, Tex. Darrow Gould
Cantrill Dunn Graham Burke Davis, Minn. Green, Iowa
Caraway Dupre Gray, Ala. Butler Davis. Tex. Hadley
Carew Eagan Grav, Ind. Callaway Denison Hamill
Carlin Eagle Gra'y. N. J. Campbell Dillon Haskell
Carter, Mass. Edwards Greene, Mass. Cannon Dowell Haugen
Carter, Okla. Emerson Greene, Vt. Capstick Drukker Hawley

.-. :^il f /i I, \ 'P'BACE OR W AR?
Hayes McCulloch Siegel The SPEAKER. The question is on adopt-
Heaton McKenzie Sinnott
Helgcscii McKinley Slaydcn ing the rule reported by the Committee on
Hernande7 McLemore Slemp Rules.
Hicks Madden
Hill Mann
Sloan Mr. CAMPBELL. Mr. Speaker, on that I
Smith, Idaho
Holliiitrsworth Matthews Smith. Mich.
demand the yeas and nays.
Hopwood Meeker Smith, Minn. The yeas and nays were ordered.
Hull, Iowa
Miller. Minn.
Miller, Pa.
The question was taken; and there were —
Humphrey, Wash, Mondell Steenerson yeas 270, nays 137, answered "present" I, not
Hutchinson Mooney Stephens, Cal, voting 26, as follows :

Johnson, Ky. Moore, Pa. Stephens, Nebr.

Johnson. S. Dak. Moores. Ind. Sterling [Roll No. 27.]
Johnson. Wash. Morgan, Okla. Sulloway YEAS—270.
Kahn Moss. W. Va. Sutherland
Kearns Mudd Sweet Abercrombie Dowell Hood
Keating Nelson Swift Adamson Drukker Houston
Keister Nolan Switzer Aiken Dunn Howard
Kennedy, Iowa North Tavenner Alexander Dupre Huddleston
Kent Norton Tilson Allen Eagan Hughes
King Oakey Timberlake Almon Eagle Hulbert
Kinkaid Powers Towner Anderson Edwards Hull. Tenn.
Konop Pratt Ashbrook Emerson Humphreys, Miss.
VanDyke Aswell Evans
La Follette Ramseyer Volstead Husted
Langley Reavis Watson, Pa. Ayres Fairchild Hutchinson
Lehlbach Ricketts Wheeler Bacharach Farley Igoe
Lenroot Roberts. Mass. Williams, T. S. Barkley Farr Jacoway
Lindbergh Roberts, Nev. Williams. Ohio
Beakes Ferris James
Lobeck Beales Finley Johnson, Ky.
Rodenberg Wilson, 111,
London Rowe Wood, Ind. Fitzgerald Jones
Loneworth Rowland Woods, low^ Blackmon Flood Keating
Loud Ohio Booher Foss Kelley
Russell, Young, N. Dak. Borland
McArthur Schall Foster Kennedy, Iowa
McCracken Shouse Britt Freeman Kennedy, R. I.
Brumbaugh Gallagher Kettner
ANSWERED "PRESENT'— 1, Burgess Gallivan Key, Ohio
Burke Gandy Kiess, Pa.
Taylor, Colo. Burnett Gard Kincheloe
Byrnes. S. C. Gardner Kitchin
NOT VOTING— 17. Byrns. Tenn. Garner Konop
Adair Driscoll Lewis Caldwell Garrett Kreider
Brown. W. Va. Edmonds Loft Candler, Miss. Gillet Lafean
Clark, Fla. Gregg McDermott Cantrill Glass Lazaro
Cullop Hamilton, Mich. Sabath Carew Glynn Lee
Dies Henry Carlin Godwin, N. Lesher
" Smith. N. Y.
Carter, Mass. Good
Dooling HilHard Lever
Carter, Okla. Goodwin, Ark. Lieb
So the previous question was ordered.* Casey Gordon Liebel
The Clerk announced the following pairs: Church Graham Linthicum
On the vote :
Gray, Ala. Littlepage
Coady Gray, Ind. Lloyd
Mr. Taylor of Colorado (for) with Mr. Mil- Collier Gray, N. J. McAndrews
liard (against). Connelly Green, Iowa McClintic
Conry Greene, Mass. McFadden
Until further notice: Cooper, Ohio Greene, Vt. McGillicuddy
Mr. Brown of West Virginia with Mr. Ed- Cooper, W. Va. Griest McKellar
monds. Cox Griffin McLaughlin
Crago Guernsey Magee
Mr. Adair with Mr. Hamilton of Crisp Hamilton, N. Y, Maher
Mr. TAYLOR of Colorado. Mr. Speaker, Grosser Hamlin Mapes
I wish to withdraw
Dale, Vt. Hardy Mays
my vote of "yea" and vote Dallinger Harrison Miller, Del.
"present." If my colleague was here, he would Davenport Hart Montague
vote "nay." Davis, Tex. Hastings Moon
Decker Haugen Morgan, La.
The result of the vote was announced as Dempsey Hay Morin
above ordered. Dent Hayden Morrison
Dewalt Hef^in Moss, Ind.
•The effect of the vote ordering "the previous question" Dickinson Helm Mott
was to cut off all further debate on the resolution (reported Dill Helvering Murray
by the Committee on Rules). This rule was to the effect Dixon Hensley Nicholls, S. C.
that the McLemore resolution would now be debated for Doolittle Hicks Nichols, Mich.
four hours, half of the time to be controlled by Mr. Flood Doremus Hinds Oakey
and half of the time by Mr. Cooper. Doughton Holland Oglesby

Oldfield Russell, Mo. Taggart Tilson Watson, Pa. Wilson, 111.

Oliver Sanford Tague Timberlake Wheeler Wood, Ind.

Olney Saunders Talbott Towner Williams, T. S. Woods, Iowa
O'Shaunessy Scott, Mich. Tavenner Volstead Williams, Ohio
Overmyer Scott, Pa. Taylor, Ark.
Padgett Scully Temple ANSWERED "PRESENT"- -1.

Page, N. C. Sears Thomas Taylor, Colo.

Paige, Mass. Sells Thompson
Park Shackleford Tillman NOT VOTING—26.
Parker, N. Y. Shallenberger Tinkham Adair Dooling Lewis
Patten Sherley Treadway Bailey Driscoll Loft
Peters Sherwood Tribble Barnhart Edmonds McDermott
Phelan Shouse Van Dyke Brown, W. Va. Estopinal Neely
Piatt Sims Vare Buchanan, 111. Fields Randall
Porter Sisson Venable Caraway Gregg Sabath
Pou Small Vinson Clark, Fla. Hamilton, Mich. Sutherland
Price Smith, N. Y. Walker Cullop Henry Young, N. Dak.
Quin Smith, Tex. Walsh Dies Hilliard
Ragsdale Snyder Ward
Rainey Sparkman Wason So the rule was adopted.*
Raker Steagall Watkins The Clerk announced the following pairs :

Ramseyer Stedman Watson, Va.

Rauch Steele, Iowa Webb On this vote:
Rayburn Steele, Pa. Whaley Mr. Dies with Mr. Hamilton of Michigan.
Reilly Stephens, Miss. Williams. W. E. Mr. Sabath (for rule) with Mr. Young of
Riordan Stephens, Nebr. Wilson, Fla. North Dakota (against).
Rogers Stiness Wilson, La.
Rouse Stone Wingo Mr. (for rule) with Mr.
Tayor of Colorado
Rowe Stout Winslow Hilliard (against).
Rubey Sumners Wise Mr. Adair (for rule) with Mr. Buchanan of
Rucker Sweet Young, Tex. IlliniDis (against).
NAYS— 137. Mr. Clark of Florida (for rule) with Mr.
Anthony Gould Meeker Sutherland (against).
Austin Hadley Miller, Minn. Until further notice :

Barchfeld Hamill Miller, Pa.

Haskell Mondell Mr. Brown of West Virginia with Mr. Ed-
Black Hawley Mooney monds.
Britten Hayes Moore, Pa. The result of the vote was announced as
Browne, Wis. Heaton Moores, Ind. above recorded.
Browning Helgesen Morgan, Okla. The SPEAKER. The gentleman from Vir-
Bruckner Hernandez Moss, W. Va.
Buchanan, Tex. Hill Mudd ginia [Mr. Flood] is recognized for two hours.
Butler Hollingsworth Nelson Mr. FLOOD. Mr. Speaker, may we have
Callaway Hopwood Nolan the resolution reported again?
Campbell Howell North
Cannon Hull, Iowa Norton The SPEAKER. Without objection, the
Capstick Humphrey, Wash Parker, N. J. Clerk will report the resolution.
Cary Johnson, S. Dak. Powers The Cerk read as follows :

Chandler, N. Y. Johnson, Wash. Pratt^ House Resolufion 147.

Charles Kahn Reavis
Chiperfield Kearns Ricketts Mr. MANN. Mr. Speaker, a parliamentary
Coleman Keister Roberts, Mass. inquiry.
Cooper, Wis. Kent Roberts, Nev. The SPEAKER. The gentleman will state
Copley King Rodenberg it.
Costello Kinkaid Rowland
Cramton La Follette Russell, Ohio Mr. MANN.Under the rule adopted, is the
Curry Langley Schall resolution to be reported?
Dale. N. Y. Lehlbach Siegel The SPEAKER. If there is no objection to
Danforth Lenroot Sinnott
Darrow the reading of the resolution, it will be again
Lindbergh Slayden
Davis, Minn. Lobeck Slemp reported.
Denison London Sloan Mr. MANN. I have no objection to the
Dillon . Longworth Smith, Idaho
Dyer Loud Smith, Mich. gentleman having it read in his time.
Ellsworth McArthur Smith, Minn. Mr. FLOOD. I do not care to have it read
Elston McCracken Snell in my time. Mr. Speaker, I yield five minutes
Esch McCulloch Stafford to the gentleman from South Carolina [Mr.
Fess McKenzie Steenerson
Flynn McKinley Stephens, Cal. Ragsdale] . •

Focht McLemore Stephens, Tex. The SPEAKER. The gentleman from South
Fordney Madden Sterling
Frear Mann Sulloway The effect of the vote adopting the rule reported
Fuller Martin Swift by the Committee on Rules was to open the MeLemore
Garland Matthews Switzer resolution to four hours' debate.

Carolina [Mr. Ragsdale] is recognized for five man from New York is not here for the mo-
minutes. ment, Mr. Speaker, and I yield five minutes to
Mr. RAGSDALE. Mr. Speaker, I read: the gentleman from Minnesota [Mr. Ells-
"Sir, I of only one principle to make
know worth].
a nation great, to produce in this country not The SPEAKER. The gentleman from Min-
the form but real spirit of union, and that is to nesota is recognized for five minutes.
protect every citizen in the lawful pursuit of Mr. ELLSWORTH. Mr. Speaker and gen-
his business. He will then feel that he is tlemen of the House, I want to start by put-
backed by the Government; that its arm is his ting myself on record as saying I will not vote
arm; and will rejoice in its increased strength on any matter in this House to abridge a sin-
and prosperity. Protection and patriotism are gle right of the most humble American citi-
reciprocal. This is the road that all great na- zen.
tions have trod." I want to follow that by making the state-

Just a little over 100 years ago John C. Cal- ment that I believe there is not at this time a
houn, the most illustrious statesman that has question of the national honor at stake.
yet graced this Hall as a Representative from I say this because to my mind the real ques-

my State, and who appeared at the time when tion involved, the real impulse in the hearts
this country was called upon to face one of of the Members of this House, and the real
the greatest crises that has ever yet been
question in the minds of every man is not so
called upon to face,
gave utterance upon the much a question of what we shall, do as to
floor of this House to the sentiments I have warning or not warning an American citizen
just quoted, when he maintained the principle to do or not to do a thing on which there might
that no fear, no lack of preparedness, no ques- be a question as to the matter of legal right,
tion of dollars and cents, should govern our founded upon formal international law, but it
action, but the one great question to which he is purely and solely a matter after all, in its
addressed himself was that the President of last analysis, ofwhat now international law is
the United States should maintain the rights as considered by our Nation, as considered by
of American citizens on the high seas without the President, as considered by the State De-
regard to results. partment, and as considered by the nations
Coming here to-day as the unworthy fol- and powers of the world. I do not think that
lower of him who represented the State of the written law existing among nations, as ob-
South Carolina in that crisis, I voice the real solete as the hieroglyphics upon the pyramids
sentiment of our people when I declare that I of Egypt, can be recognized by any nation as
want peace, when I say that I believe the pres- international law. I thoroughly believe there
ent occupant of the White House will main- is no such a thing in existence to-day as an
tain that peace with the same dignity and "armed merchantman." I say that if you arm
honor that have characterized all his actions in a merchantman you have converted that mer-
handling the negotiations on the part of his chantman into an armed cruiser, into a war
country with all other countries. cruiser, for it can then destroy a submarine;
With that conviction, Mr. Speaker, feeling and upon that theory and belief, and that be-
to-day that no condition has arisen wherein it ing my judgment, I say that even though this
has been demonstrated that the President has resolution may become a mixed question to
gone beyond the authority with which he has some extent, even though it may or may not
been properly vested feeling that this resolu-
; be a warning, if we would settle the real ques-
tion would merely interfere with the proper tion a warning would not then be at all neces-
discharge of his duties; feeling that no good sary.
could be accomplished by it and that nothing
Following it to its logical sequence, not hav-
could thereby be gained to this Nation, I hope ing an opportunity, as I would like to hare,
that the resolution which has been offered here to vote upon the real question, now that it has
will lie on the table. been injected into this body, of whether or not
The SPEAKER. The gentleman from Wis- the particular status is that of a war cruiser
consin [Mr. Cooper] is
recognized. and not a merchantman, then I say I will stand
Mr. COOPER of Wisconsin. Mr. Speaker, for the resolution in this question of warning
I five minutes to the gentleman from citizens, because I believe it a step in the right
New York .[Mr. Chandler]. direction and that it takes away no right of
The SPEAKER. The gentleman from New any citizen of this country to so warn him.
York [Mr. Chandler] is recognized for five I have heard the objection that you would

minutes. change the rules during the playing of the

Mr. COOPER of Wisconsin. The gentle- game that this changes the rules during the

game. But I answer, that is what Lincoln did this is not the time for partisan politics. This
when he signed the Emancipation Proclama- is the time when every liberty-loving and self-
tion. respecting American citizen should put his
After Napoleon the Great had been ban- country first. Where does the
ished to the island of Elba and came back —
South stand God bless her! In this hour
through France, the old veterans who had sur- when a foreign propaganda stalks through this
rendered but who followed him to Waterloo, Capitol seeking to embarrass and discredit the
while the Congress of Vienna was in session, chosen head of our Government, where stands
changed the rules of the game. When the Tennessee, the home of Gen. Jackson, who
Merrimac steamed out into Hampton Roads conquered the flower of the British Army at
she changed the rules of warfare, and when New Orleans? What will be the answer of
Ericsson's invention, the Monitor, steamed in the Old North State, with Kings Mountain
from the north and annihilated her, she standing there as an everlasting monument to
changed the rules. I am not afraid to change her patriotism and courage? What says the
the rules, and I say to you gentlemen of this Old Dominion, the State of Washington, Jef-
House that it takes more courage for America ferson, and Madison, who laid the
to say to the nations of the world that in these of the Republic? Where stands
Kentucky, the
days an armed merchantman does not exist home of Beck and Clay, and the birthplace of
except as a figment of the imagination, but Lincoln and Davis, the two leaders of the con-
that such a craft is in fact a war cruiser, and flict that resulted in
cementing the sections in
one on which no citizen of any nation, in these the bonds of an everlasting Union?
times when there is no piracy to fight against, Where in this critical hour stands the splendid
should assume for one moment to take pas- old Commonwealth of South Carolina, the
sage than to quibble over technicalities. [Ap- home of Calhoun and Hayne? Where will
plause.] Mississippi be found, the home of Prentiss,
Mr. FLOOD. Mr. Speaker, I yield five min- George, Lamar, and John Sharp Williams?
utes to the gentleman from Alabama [Mr. [Applause.]
Heflin]. Mr. CANDLER of Mississippi. She will
The SPEAKER. The gentleman from Ala- stand by the President. [Applause.]
bama [Mr. Heflin] is recognized for five min- Mr. HEFLIN. Yes; I know where she will
utes. [Applause.] stand. What says Alabama, the home of Ad-
Mr. HEFLIN. Mr. Speaker, at a time like miral Semmes, William L. Yancey, and John
this it is fortunate for the country that there T. Morgan. On her soil, Mr. Speaker, stood
are patriots in the House who can rise above the first capital of the Confederacy, and here
partisanship and stand for America against she stands to-day in the glorious sisterhood,
the world. loyally supporting the President of the United
Mr. Speaker, this is no time for divided loy- States. [Applause.] Louisiana, Florida, and
alty,no time for partisan politics. [Applause.] allthe States in the South will join hands with
The American Representative here to-day the patriotic Representatives in other sections
with divided loyalty is unworthy the name of and show to the world an undivided country
American citizen. The party that plays parti- standing solidly behind the great President of
san politics at a time like this deserves the the United States. [Applause.]
condemnation of the American people. [Ap- Mr. COOPER
of Wisconsin. Mr. Speaker,
plause on the Democratic side.] I am glad to I yield minutes to the gentleman from
note that there are Republicans over there big Missouri [Mr. Decker].
enough and brave enough to break away from The SPEAKER. The gentleman from Mis-
the partisanship of their leader [Mr.
petty souri [Mr. Decker] is recognized for five min-
Mann] and take their stand by the President utes. [Applause.]
of the United States in his controversy with Mr. DECKER. Mr. Speaker, in Germany
the Kaiser of Germany. [Applause.] Gentle- the issue was. Will we stand by the Kaiser?
men, you can not get away from the issue In England the issue was. Will we stand by
here. This is a diplomatic controversy be- the King? In Russia the issue was, Will we
tween Bernstorfif and Lansing, the Kaiser and stand by the Czar, the little Vicar of God? If
the President. [Applause.] Why, Mr. Speak- war comes, we will all stand by the President
er, I have seen telegrams here to-day that of the United States. But this,
said to Members on this floor, you can serve thank God, is a representative Government.

Germany best putting Germany first and — [Applause.] And I wish to say to the insinu-
the people of the United States by
voting for ating gentleman from Alabama [Mr. Heflin]
the McLemore resolution.

Ah, gentlemen, the question now is, Will you stand by the

American people? [Applause on the Repub- minutes to the gentleman from North Caro-
lican side.] You can not dodge the question, lina [Mr. Small].
gentlemen of the Southland and gentlemen of Mr. SMALL. Mr. Speaker, it seems a pity
the Northland. The question is, Will you go to disillusionize the gentleman who has just
to war on what Mr. Lansing says is a doubtful spoken and who cries out about the danger of
legal right? [Applause.] I am willing to go war. Danger from whom? "At the hands of
to war if necessary. My people have borne the President," they say. Forsooth, the hands
their part. My father and my uncles fought of the President, who during these two years
to preserve that flag. But I say to you, the has been bearing weight and responsibility
private citizens of this country, the men who such as have been borne by few of our Presi-
pay the taxes, the men who, if there is war, dents, and who has received criticism from
will die in the trenches, the men who will those who have contended that he was not
breathe the asphyxiating gas, the mothers of sufficiently rigid in maintaining our rights,
the boys whose flesh and blood will be spat- that he has not sent armed forces into a neigh-
tered on the fields of battle, want to know be- boring Republic, and that the rights of Ameri-
fore war is declared why they have to go to can citizens on the high seas have not been
war. [Applause.] maintained.
I have stood by the President of the United
There may be gentlemen in this House who
believe in peace, and I am one of them. For
States. I have stood by him in his efforts to
that matter, I believe the entire membership
carry out the mandate of the American peo- of the Congress ardently desires the mainte-
ple. He has said that if an American citizen
nance of peace, but no one believes in it
on board an armed merchant ship is drowned
stronger or will more strenuously strive to
by a German submarine without warning, he
will hold Germany to strict account. Stripped preserve peace than the President of the
United States. [Applause.]
of its diplomatic language it means that if an
American life is lost as the result of the sink- Mr. COOPER of Wisconsin. Mr. Speaker,
ing of an armed merchant ship without warn-
I yield five minutes to the gentleman from

ing it means war. I am willing to go to war
New York [Mr. Chandler].
for an American right, but not for a "doubtful Mr. CHANDLER of New York. Mr.
Speaker and gentlemen of the House of Rep-
legal right," as Mr. Lansing says this is. [Ap-
plause.] I am willing to go to war for an resentatives, it has been repeatedly asserted
American right, but it must be a vital right. on the Democratic side of this House that the
[Applause.] Our people had rights down in great issue of to-day is whether we shall sup-
Mexico. They were valuable rights. They port the President of the United States or not.
were definite, specific,and certain, based upon It suggests itself to me that a false issue is be-
treaty obligations. Oh, I know there was no ing discussed. The question is not whether
responsible Government down there to call to
we shall support the President of the United
account for the violation of those rights, but States but whether in our votes to-day and in
nevertheless we could have sent our Army to our voices in debate we shall represent the
maintain those rights. [Applause.] But I be- overwhelming sentiment of the people of the
lieve the President did right when he said, in United States. [Applause.] ^
behalf of the lives and the welfare of the mass For weeks I have been flooded with tele- A
of American citizens, "We will not sacrifice grams and letters. When I found that I was
the lives of our American boys for the sake of getting 10 telegrams and 10 letters in favor of
a few Americans in Mexico," and warned those warning American citizens to keep off armed
Americans Mexico to come home. Now, if
in ships to 1 that proposed to support the Presi-
warn Americans in Mexico to dent of the United States I began an investi-
it is right to
come home, who have certain definite and es- gation to see if this was the experience of
other Congressmen. I made a trip through
tablished rights there, in the name of God, why
the House Office Building and talked with
am I a traitor and a coward when I stand in also with Members on this floor.
Members, and
the halls where Henry Clay stood and say,
I found that 9 out of 10 had exactly the same
"You shall not hurl the miners and the farm- And
experience that I had. I
ers of my district into this hell of war; you to you —and you know —[Applause.]
that the people of the
shall not take the sons from the mothers of United States are overwhelmingly in favor of
my district and sacrifice them at Verdun or in the principle embodied in the McLemore reso-
the trenches of Europe in order to maintain a lution. [Applause.] V
doubtful right." [Applause.] If this be true, the question is not whether
Mr. FLOOD. Mr. Speaker, I yield five we shall support the President sentimentally

or officially; it is a question whether we as upon the rights and privileges of American
honest, loyal American Representatives shall citizens. England is free and able to fight us.
by our votes inform the President of what the The world would applaud our courage and ad-
people of the Republic think and what they mire and trust our sincerity, if we were to se-
want him to do. [Applause.] If the people riously throw down the gantlet to a foeman
lesire that Americans be warned to keep off worthy of our steel. THE WORLD WILL
armed merchantmen, it is not for the President HAVE ONLY CONTEMPT FOR US
to desire something else. If the people desire WHEN WE INDULGE IN THE BRAVA-
a certain thing, it is not for you to betray your DO AND FARCE OF A MIMIC WAR UP-
trust by saying that you will ignore their ON GERMANY, WHOSE ARMY AND
wishes in order to please the President. WHOSE FLEET COULD NEVER REACH
If the flood of messag'es contained in letters US.
and telegrams tell you that the people are in This Congress should by resolution, if need
favor of the passage of the McLemore resolu- be, request the President of the United States
tion, it is your duty to pass it, regardless of to tell us wHy England treats us with the con-
what the President of the United States de- tempt of ignoring completely our notes of
sires or thinks. And if you yield to the power ministerial protest, and why she refuses abso-
of presidential blandishments, when you know lutely to give any satisfaction for insults to our
that his views and wishes are not in harmony citizens, destruction of our commerce, and out-
with the predominant sentiment of the people rages upon the international mail service.
of the Republic, you have violated a sacred BRAVE MEN THROUGOUT THE
trust and have shown yourselves to be unwor- WORLD WILL DISTRUST OUR SIN-
thy Representatives of a great Nation. CERITY AND CONDEMN OUR COW-
CONGRESS IS COWARDLY AND OBSE- I hold no brief for the German people. I am
QUIOUS ENOUGH TO BE THUS DOMI- not pro-German, nor am I pro-ally. I am pro-
NATED BY THE PRESIDENT, TRUE American, but I do insist that a square deal
REPRESENTATIVE GOVERNMENT IS for all is the only fair test and sure indication
AT AN END. IF A SINGLE MAN, HOW- of sincere neutrality. Let us make Germany
EVER GREAT HIS TALENT, RIGHT- toe the mark if she violates our rights, but let
EOUS HIS MOTIVES, OR HIGH HIS us likewise serve notice upon England that in
PLACE, CAN SET ASIDE THE COL- dealing with her an even-handed justice shall
LECTIVE JUDGMENT OF THE PEO- hold the scales. But in no case let us plunge
PLE, THEN THIS IS NO LONGER "A the country into a bloody war upon a mere
THE PEOPLE, AND FOR THE PEOPLE." Mr. COOPER of Wisconsin. Mr. Speaker,
IT IS A BENEVOLENT DESPOTISM, A I yield five minutes to the gentleman from
LICAN FORMS. Mr. REAVIS. Mr. Speaker, I am thinking,
The mock heroism, the false chivalry of this as the time approaches for me to vote upon
hour, and of the request of the President are a this proposition, of the carnage over there at
disgusting exhibition in the American Con- Verdun. I am thinking of 3,000,000 boys less
gress. The Teutonic powers are fighting odds than 17 years of age in the trenches on the
of five to one. Their fleet is bottled up. In western front. I am thinking of the hills and
case of war with them, it would be impossible the plains of that locality that yesterday were
for us to reach them or for them to reach us. white with snow, the color scheme of which
And yet the President wishes to give an exhi- to-day has been changed to red. I am think-
bition of national courage in making academic ing, Mr. Speaker, of the foreign mother who
demands upon Germany and her allies. How kneels by the empty pillow where lay her lit-
much better it would look, how much more tle ladbefore he became a soldier. I am think-
appropriate the exhibition if he would instruct ing of the mothers of Europe who in the lone-
the Secretary of State to serve notice upon
ly solitude of their homes to-day are listening
England that he would hold her to a strict ac- for the music of a voice that is silent, for the
countability for her repeated violations of in- sound of steps that are still. I am thinking
ternational law resulting in damage to Amer- not of the President of the United States, but
ican commerce and in insult to and outrage I am thinking of the quiet places out

in America. I am thinking of the homes and that every nation should respect our flag and
the firesides from which the President has ex- those republican principles and precepts for
pressed the desire to hear. I am thinking of which we stand. Having such a constituency,
the youth whom we are training for the duties who understand the question before us and
of citizenship. Europe is killing hers we are
want the President sustained. I sincerely hope
equipping ours. [Applause.] And I say to that Congress may stand united behind the
you that for no doubtful international right Executive in the onerous work in which he is
will I sacrifice the lives of the Nation's youth. engaged.
[Applause.] I will not go to the homes and Mr. COOPER of Wisconsin. Mr. Speaker,
the firesides of this Nation and deny the right I yield five minutes to the
gentleman from
to live to the boys of my country. I will not Ohio [Mr. Ricketts].
put grief, anguish, and despair in the homes of Mr. RICKETTS. Mr. Speaker and gentle-
America and compel the parents of the land to men of the House, this resolution is so worded
stand by the graves of buried hopes in order as not to be entirely clear. In the main the
that some man, some irresponsible, crazy man, question raised by it is whether or not Amer-
shall have the right to travel upon the armed icans should be warned to stay off of armed
ships of belligerent nations when neutral ves- belligerent merchantmen or armed belligerent
sels leave our ports every day. [Applause.] ships. It carries with it a sort of a blanket in-
The SPEAKER. The time of the gentle- dorsement of the President's diplomatic policy.
man has expired. The real object of the motion to table the reso-
Mr. FLOOD. Mr. Speaker, I yield eight lution is to give an indirect indorsement of the
minutes to the gentleman from Maryland [Mr. President on his diplomatic policy and to di-
Linthicum]. rectly refuse to warn Americans to stay oflf of
Mr. LINTHICUM. Mr. Speaker, it is no armed belligerent merchantmen and armed
longer a question as to whether we shall pass belligerent ships.
the McLemore resolution warning the people The questions raised in this resolution
not to travel on armed merchantmen, and re- should have been presented separately and in
pudiating our responsibilities if they do, but clear, definite, and certain language so that
the question has become a greater one — this House could have had the opportunity to
whether or not we will stand by the President meet the two questions fairly and squarely
or whether we will tie the hands of the Execu- and to express their views upon them, indepen-
tive not only in this but in future negotiations. dently of each other.
If Congress should step in and grab the The motion to table the resolution is a po-
reins, with a membership of over 500, nothing litical ruse. This is no time for politics. There
but confusion would result. There could be is no politics in this question, and it should not
no definite policy because of so many and be injected into it in this manner. This is a
varied views in fact, our whole diplomatic re-
; .
question of patriotism and of an expression of
lations would be so upset and so subject to true, loyal American citizenship, and should
change that no country would feel like respect- receive the most candid and most serious con-
ing them nor would they know what to expect sideration, without regard to political affilia-
because of the confusion. tion. It is no time for foolishness. It is a
I have heard much said about war in the time when we should be serious and honest
event this resolution was not passed, but I be- and true to ourselves and to our country. We
lieve, Mr. Speaker, that if we would continue can not express our loyalty and patriotism to
peace we must have a settled policy, as we this great country by voting to table this reso-
have had, and that the man who has brought lution; and that is exactly what the adoption
us safely through thus far can confidently be of this rule means.
relied upon to carry us to the end without war I can not agree with the President that
and without trouble with foreign nations. Americans should not be warned to stay ofT of
I have constituents in my district who are armed belligerent ships. In my judgment, this
descended from the people of all the great warning should be given to each and every
Governments of Europe. I feel that they have American citizen, for in this way we may pre-
every confidence in the Executive who now oc- vent this country from being dragged into the
cupies the White House. There is no better war. This warning to Americans can in no
district in this broad land than the one which way embarrass, hinder, or disturb the Presi-
I have the honor to represent. While the peo- dent in his diplomatic negotiations. He is
ple are derived from all the nations of Europe, the head of the Diplomatic Service, and if
they are Americans first they are not the ene-
American citizens should be warned to keep
mies of any particular nation, but they believe off of armed belligerent merchantmen or

armed belligerent ships, the President might American citizen should jeopardize the peace
be saved a most glaring embarrassment in the of his country.
future. This Nation should not be dragged Nearly 50,000 Americans lawfully and peace-
into war by heedless, foolhardy, and reckless fully living in Mexico were warned by this ad-
conduct on the part of an American citizen ministration to abandon their rights and were
who may take passage on an armed belligerent compelled to leave their homes and property
merchantmen or an armed belligerent ship and because their Government refused to afford
lose his life. If he should be permitted to take them protection.. Many Americans wearing
such passage upon an armed belligerent mer- the uniform of their own country were killed.
chantman and lose his life, this Nation of ne- Some of them were killed on our own soil.
cessity would most certainly be immediately The President claims that he is contending
forced to cut ofif all diplomatic relations with for a great principle. If his contention is good
the country whose submarine caused the loss now, why should it not have been good as to
of the life of such an American citizen, and Mexico?
this action on the part of this Government, in Mr. FLOOD. Mr. Speaker, I yield five min-
my judgment, would finally and most certain- utes to the gentleman from Indiana [Mr.
ly drag us into war with that country. There- Cline].
fore it seems to me the part of wisdom and of Mr. CLINE. Mr. Speaker and gentlemen
precaution that Americans should be warned of the House, I am in favor of warning Ameri-
not to take passage upon any armed belliger- can people to stay off belligerent ships that are
ent merchant ship. I feel that it is the sincere armed for defense. I do not believe that any
and absolute duty of Congress to give this citizen of the United States has the moral right
warning, and I have not been able to see to menace the safety and liberty of the United
wherein or whereby such warning would in States by taking passage upon a vessel that is
any manner embarrass, hinder, or disturb the liable to be destroyed by submarines without
President of the United States in his diplo- notice. I am not afraid of the sane man's con-
matic negotiations. It would not prevent the duct bringing the country into a crisis of that
President from standing firmly for his princi- character, but it is the man who has no regard
ples. It does not take from him the right to for the rights and liberties of his countrymen
stand for the principles which he maintains. of whom I am afraid.
Wherein could it do harm? It would not be And say when the question of warning
yielding a point or making a concession. It
can be squarely presented to the House not
is not even a tentative concession. It is a pre-
associated with any diplomatic problem, I
cautionary measure intended to protect and shall vote in favor of it. But that is not the
preserve American citizens and relieve this here. My friends, the question
Nation of embarrassment that would eventual-
war to this country.
presented in this controversy is whether we
ly result in shall stand by the President in this crisis or
During the great conflict in Mexico Ameri- not. That is the issue for us to settle, and not
cans were warned not to go into Mexico, be- whether we want war or whether we do not
cause by so doing they might drag this Na- want war. Gentlemen affirm their patriotism
tion into war with that country, and they were and say that they are in favor of supporting
further told that if they did go into Mexico the President not only in the negotiations on
that they went at their own risk and peril. The diplomatic affairs but in all interests wherever
personal and property rights of American citi- we come in contact with a foreign country.
zens living in Mexico have not been protected That is not disputed but what we want to do,

by this Nation as they should have been. Many gentlemen, is to inform the courts of Europe
Americans have been slaughtered by the war- that you stand by the President, and not in-
ring forces in that country, and many of them form us. That is the proposition before the
have suffered great loss of property. All of House now.
which has been brought to the knowledge of Now, what do we propose to do in our re-
the present administration and to the knowl- port? The Committee on Foreign Affairs in
edge of Congress and the people of this coun- its report as presented recognizes in the Presi-
try,and yet we have kept quiet. We
have re- dent his exceptional right, or his right estab-
frained from war. We
have accepted the fate lished by precedent and practice, to negotiate
of the Americans and the loss of their prop- all diplomatic relations between this country
erty without making very much fuss about it. and any other country. We
also propose in
I do feel that Americans and American rights that report to recognize the rights of Congress
should be protected anywhere in the world, as provided in the Constitution and by the pre-
hut at the same time I do not feel that any one cedents and oractices established under it.

And we state in our report also this other fact, feel that my rights of citizenship had been
that when the President has reached a period abridged or taken frorri me. Rather, I was
when he can no longer proceed with the diplo- thankful that the State had warned me that
matic relationship which we sustain, he shall danger lay ahead and had pointed out to me
bring his correspondence to Congress, and how I could avoid it.
then we will take such action as in the prem- Gentlemen to-day have told what their con-
ises seems necessary. stituents think of this question of warning

Mr. COOPER of Wisconsin. Mr. Speaker, Americans. I have been receiving letters for
I yield five minutes to the gentleman from
months past from constituents in my district
Massachusetts [Mr. Roberts]. asking me why the President did not notify
Mr. ROBERTS of Massachusetts. Mr. American citizens to keep oflF armed ships, and
Speaker, there is one thing in this discussion others said, "Why does not this Government
that must have been impressed upon the minds compel Americans to keep off these armed
of Almost without exception every speaker
all. merchantmen and not imperil the peace of
who has been before you to-day has said that this great country of 100,000,000 people?" It
he believed the American people should be seems to me, my friends, the situation to-day
warned to keep off of armed merchant ships of is well set forth in I Corinthians vi, 12, where-

belligerents, and yet about half of them in the in St. Paul, the evangelist, says:
next breath have said, "Stand by the Presi- All things are lawful unto me, but all things are
dent." How can we stand by the President not expedient.
better than by giving him an honest opinion [Applause.]
in this House on that very question of warning We can say to-day that without any loss of
American citizens to keep off armed merchant- national honor or diminution of American
men? [Applause.] And yet we all know the rights it is not expedient for our people to go
cards have been so shuffled and dealt that this into the danger zone, and I can not bring my-
House will have no opportunity whatever to self, for one, to believe that such a warning is-
give to the President that which he has asked sued to the American people surrenders in the
of us, to wit, our opinion as to warning Ameri- slightest degree any American rights. [Ap-
cans to keep out of the danger zone. plause.]
Why, we are told that we will give up the The SPEAKER pro tempore. The time of
inalienable right of American citizens to travel the gentleman has expired.
wherever they will, upon any means of con- Mr. FLOOD. Mr. Speaker, I yield five min-
veyance they choose, if we say to them in this utes to the gentleman from Alabama [Mr.
time of peril and great crisis, "You must not Huddleston].
go into the danger zone expecting the protec- Mr. HUDDLESTON. Mr. Speaker, a reso-
tion of your Government behind you." lution adopted by this body warning American
Last summer I had an experience that in a citizens not to travel upon armed merchant
measure, it seems to me, is on all fours with vessels of belligerents would have no legal ef-
the present international complication. I had fect whatever. It would be merely advisory.
occasion to travel from the State of Massachu- It would not in the slightest degree cut off the
setts, through New Hampshire, into the State right of any American citizen to travel on such
of Maine. Now, the Constitution of the United ships. The right of American citizens to travel
States gives me an inalienable right to travel the high seas was not granted to them by our
at will upon the highways of all the States in country, but was granted to them under the
this country. And yet on a highway in New principles of international law. They do not
Hampshire I saw a sign on a fence across that owe it to the American Government, but they
highway saying to me, "Detour. This road is owe it to the practices of the civilized nations
passable, but dangerous. If you go on it it is of the whole world.
at your peril."
Any resolution which this body might adopt
I wonder if any Member of this House could neither abridge nor could it to the slight-
would think his inalienable right of citizenship est extent extend that right. The only effect
had been abridged in the slightest by the ac- that the adoption of such a resolution would
tion of the authorities in NewHampshire? I have would be as the expression of an opinion,
wonder if any sensible American would for a merely, unless we intend to indicate thereby
moment have thought of calling upon the Fed- that we will not protect our citizens, that we
eral Government to compel New Hampshire will not defend them in the exercise of their
to guarantee his safety if he exercised his in- legal rights. To adopt such a resolution in the
alienable right and traveled over that road, setting in which it is presented to us would be
which he was told was dangerous? I did not to go into bankruptcy upon our international

liabilities and say to American citizens by im- concern like there was a year ago. [Applause.]
plication, "You have the right. It is yours. We We have been asked for our opinion. We are
can not take away, but we serve you with
it given the privilege of expressing it, five min-
notice in advance that we are too cowardlly, utes at a time, and then are offered the op-
too contemptible, too craven, to defend you in portunity of voting for or tabling a resolution
its exercise." [Applause.] which you would not permit to have amended
I do not doubt that all of us, if interrogated and in which you have left the objectionable
in a private capacity, would say that we did things, because you knew if you took them out
not favor an American citizen taking passage the President would come in about 1 to 10.
upon one of these ships. It is the duty of our [Applause.]
citizens not to take any chances in embroiling We had just as well call a spade a spade.
our country in war, and we should all of us I voted against the rule a while ago because I
unhesitatingly say so. wanted an opportunity to do what the Presi-
But, on the other hand, when we come here dent has said, by correspondence with a com-
to vote upon this question we must take it in

mittee not with the House, but with the
the setting in which it is presented. must We —
members of a committee that he did not
pass upon the question with all the implica- want, and which he now wants; a thing which
tions and intendments which inhere in the en- a few days ago he wanted real badly, but is
tire situation. We
can not act merely upon not sure now wheteher he wants it or not.
the abstract question of whether a citizen [Applause.] The purpose of this whole pro-
should ride or should not ride upon an armed gram this afternoon is to give opportunity
merchant vessel. for exploitation to a lot of gentlemen who talk
this matter been presented to the Con- loudly and bravely about patriotism, but who
gress in a time of peace, the vote of warning
never come to a show-down on this vote. [Ap-
would perhaps have been carried. Had it been plause.]
presented in any less unfavorable setting than Gentlemen, on the question which we are dis-
it to-day, it would have received a much
is cussing to-day, according to the letter of our
larger vote. But we must not forget the frame Secretary of State on the 18th of January, and
in which this picture is placed. Our country according to the secret orders of the British
is negotiating with foreign countries. A themselves in regard to armed merchantmen,
tion which was originally simple is so vastly we are not divided. The English look upon
widened in its aspect as to fill the whole ho- those as a part of the Admiralty. They have
rizon. given their secret orders as to what is to be
The SPEAKER. The time of the gentle- done, and we stand here between tweedledee
man from Alabama has expired. and tweedledum trying to deny both what our
Mr. COOPER of Wisconsin. Mr. Speaker,
own Secretary said and what the English Gov-
I five minutes to the gentleman from ernment recognizes. [Applause.] I do not im-
Missouri [Mr. Meeker]. agine if instead of that being a warship or a
The SPEAKER. The gentleman from Mis- merchant vessel it was a wagon loaded with
souri [Mr. ammunition, with two armed soldiers on it,
Meeker] is recognized for five min-
utes. traveling between the lines, that we would
vote to save the fellow citizen of ours who got
Mr. MEEKER. Mr. Speaker, in the first his head shot off. These munition boats are
place, I think it might be well to remind the trying all the time to use the cheapest insur-
gentlemen who talk about partisanship that ance they can get, and that is an American
this resolution originated on that side of the citizen aboard. [Applause.]
House. [Applause on the Republican side.] Now I am not pro-German or pro-ally, but
In the next place, the President either wants am
I pro-United States and have pro-horse
a vote on this or lie does not. I want a vote. sense. [Laughter and applause.] You men
[Applause.] Eighty-five per cent of the men on that side of the House do not dare come to
who have talked have said they were in favor a show-down on a vote, and you know it. [Ap-
of a warning. Do you presume Germany will plause.]
not hear thai? Do you think your talk will not Talk about standing by the President. Every
go there, as well as the report of your vote?
speech you have made has undermined him this
You talk one way and then propose to table a
resolution in order to duck and say it never
afternoon. By your words you are condemned
out of your own mouths as to what you really
came to a showdown. [Applause and laugh-
believe, and are trying to make a play here
solely for the purpose of saying that he was
As I understand it, this is the Congress of vindicated. How
can he be vindicated? If
the United States and not a rubber-stamp he wants the opinion of this House, let him

have it. If he does not, stand up and say so expression, realized that this resolution would
like men,, instead of in here and talk- be so objectionable that it never could be
ing about patriotism on that side. [Applause adopted, so instead of leaving it peacefully
on the Republican side.]
slumbering in a dusty pigeonhole of the Com-
The SPEAKER. The time of the gentle- mittee on Foreign Affairs we are suddenly in-
man from Missouri has expired. formed that this resolution must be tabled in
Mr. FLOOD. Mr. Speaker, I yield five min- order that, by inference, the people will say
utes to the gentleman from Rhode Island [Mr. President Wilson has been indorsed by Con-
Kennedy]. gress. What a situation A few days ago the

The SPEAKER. The gentleman from Democratic leaders were soft-pedalling the
Rhode Island [Mr. Kennedy] is recognized resolution, but when the White House passed
for five minutes. the word up they jump with special rules and
Mr. KENNEDY of Rhode Island. Mr. all the Democratic machinery to table the reso-

Speaker, the Committee on Foreign Affairs, of lution. It was effectively tabled when in com-
which I am a member, has reported the so- mittee. Why not leave it there? The com-
called McLemore resolution to the House with mittee now having reported it adversely, under
the recommendation that it lie on the table. parliamentary rules it is still on the table.
The undisguised question, if I correctly un- Why these continued efforts to resurrect a
derstand it, is whether American citizens have worthless resolution?
the right to travel on belligerent merchantmen If a straight vote on warning or no warn-
that are armed for defensive purposes only.
ing has been wanted, why did not the Pres-
The answer to this question is a matter of ident and his congressional errand boys bring
international law and not a consideration of that question before us? For my part I should
sentiment. My own examination of the law consider American citizens had received all the
and precedents together with the opinions of warning needed without action here. The press
distinguished lawyers on this question have of the country has been filled for days and
led me to the conclusion that Americans have weeks with notices of attendant danger in
this right in accordance with a principle of travel. There should be no need of an official
international law that has been well established warning to any American
citizen to keep off of
for centuries. Personal
belligerent safety coupled
Entertaining this view, therefore, I can not with common sense ought to warn every
lend my support to any proposition of com- American to keep off such vessels at the pres-
promise. There are some things which can not ent time irrespective of the duty every Ameri-
be compromised. One of them is an estab- can owes his country by not exposing himself
lished American right. [Applause.] As a in such a way as to involve the country in war.
member of the American Congress I deem it I am opposed to any official curtailment of the

my first duty to uphold and defend the rights rights of American citizens and therefore am
of American citizens. Any action which would opposed to the warning. I am convinced that
tend to injure or abridge those rights is not it is within the authority of the Executive,
the better part of statesmanship. [Applause.] who at this time is Mr. Wilson, to protect the
More than once since the origin of this de- rights of Americans at home, abroad, and on
bate have I heard it openly averred that a fail- the high seas, and that such power is given the
ure at this crisis to warn Americans against Executive by the Constitution itself.

traveling on the merchant vessels of belliger- So were the question of warning or no warn-
ents will inevitably lead us into war. Personally ing actually before us, I should vote "no."
I am not ready to yield to such an imitation The actual question is whether we shall vote
of prophecy. I hope that war may never come, to table an impossible and improper resolution.
but if it does come, and as a Nation we are I shall vote "yes" —
not at the request of Presi-
called upon to face it, my own conviction is dent Wilson, but in spite of his request.
that it will be less likely to follow from a Mr. FLOOD. I yield to the gentleman from
steadfast enunciation of our rights than from Massachusetts [Mr. Gallivan].
a stupid renunciation of them. [Applause.] The SPEAKER. The gentleman from Mas-
Mr. COOPER of Wisconsin. Mr. Speaker, sachusetts [Mr. Gallivan] is recognized. [.A.p-
I yield five minutes to the gentleman from
Massachusetts [Mr. Treadway].
Mr. GALLIVAN. Mr. Speaker, it is true,
Mr. TREADWAY. Mr. Speaker. This as the gentleman from Missouri has said, that
resolution would have gone the way of thou- this proposition originated on this side of the

sands of other documents and bills made good House; but I want to say to the gentleman

waste paper except for one thing. President from Missouri that no one on this side of the
Wilson, with his keen insight into English House is proudof that fact, with perhaps the

Texas merchant vessel carrying an armament of any sort,
single exception of the gentleman from in view of the character of the submarine warfare
[Mr. McLemore], who has enjoyed the spot- and the defensive weakness of undersea craft, should
light of notoriety that never
would have been be held to be an auxiliary cruiser and so treated by
his but for this freak resolution of whereases. a neutral as well as by a belligerent Government,
and is seriously considering instructing its officials
Mr. Speaker, these are days for patriotic accordingly.

officeholders as well as for patriotic common Now Mr. Speaker, the question that presents
citizens, and, regardless of any man's
political itself to us Shall we by voting to table this
affiliations, he should place the interests of his McLemore resolution say that this right which
country and his flag first. The really traitor- six weeks ago was a doubtful right —
that this
ous American who in this crisis which con- right which six weeks ago the Government said
fronts America demands his rights upon the was so doubtful that it was considering in-
seas deserves no sympathy and no protection. structing its officials to treat armed merchant
While I believe that the President should give —
vessels as war vessels shall we say by voting
his advice to his fellow-countrymen to beware to table the McLemore resolution that that
of travel on the armed ships of the warring right is now so clear and unquestioned that this
nations, I can not support this resolution for House, if called upon, will be ready to vote for
this reason. opinion it is an unwhole-
In my a declaration of war against Germany in case
some mass of
conglomerated hodgepodge an American citizen loses his life upon one of
which, instead of being laid on the table, these armed merchant vessels?
should be torn into tatters and scattered to the Mr. Speaker, I am not ready to so vote, and
March winds, never to be brought back into because I am not ready I propose to vote
these Halls to worry the minds and bother against tabling the McLemore resolution, be-
the hearts of you Representatives of the Ameri- cause if it is not tabled there will then be an
can people. [Applause and laughter.] opportunity to amend it, expressing the con-
The SPEAKER. The time of the gentle- victions of the House, giving the House an
man has expired. opportunity to vote for a simple resolution of
Mr. COOPER of Wisconsin. I yield five warning, and thereby give notice to your Presi-
minutes to the gentleman from Wisconsin [Mr. dent and to my President that in the opinion
Lenroot] . of this House that right is not so clear, is not
The SPEAKER. The gentleman from Wis- so unquestioned, as to justify this country in go-
consin [Mr. Lenroot] is recognized for five ing to war for a violation of it. [Applause.]
minutes. [Applause.] Mr. FLOOD. Mr. Speaker, I yield seven
Mr. LENROOT. Mr. Speaker, gentlemen minutes to the gentleman from Pennsylvania
have said repeatedly throughout this debate [Mr. Temple].
that this proposition of Americans traveling Mr. TEMPLE. Mr. Speaker, I can not
upon armed merchant ships is an unquestioned listen to this debate or take part in it myself
right under international law. With reference without expressing my deep regret that the
to that I want to call the attention of the House question has ever been brought before the
to the fact that upon January 18, a little over House under present conditions. There is
six weeks ago, the present Secretary of State, little of that calm deliberation without which
in a note written to the allied powers, used this a wise conclusion can not be reached.
language with reference to what is now said On the surface the question seems to be
to be an unquestioned right. He said: merely whether this Government ought to ad-
vise its citizens not to take passage on an
In proposing this formula as a basis of conditional
declaration by the belligerent Governments, I do so armed merchant ship of a nation which is at
in the full conviction that each Government will war. On that question, if it stood alone, if
consider primarily the humane purposes of saving there were no complications, if there were no
the lives of innocent people rather than the insist- interference with other things, and if I were to
ence upon doubtful legal rights, which may be denied
on account of new conditions. speak the sentiments of my own heart, I would
without hesitation advise any man that con-
"Doubtful legal rights" is what the State templates sailing on such a vessel, that he had
Department termed this on the 18th day of better take a vessel sailing under a neutral flag,
January. When since then did it become an preferably the flag of the United States. [Ap-
unquestioned legal right, concerning which plause.]
there can be no difference of opinion upon the But although that may seem on the surface
part of patriotic Americans? to be the question, it is important that we look
The note concludes with this language :
more deeply and see what may be beneath the
I should add that my Government is impressed surface. There is a controversy between the
with the reasonableness of the argument that a United States and Germany on one question,

between the United States and Great Britain course of this administration in

on another question delicate controversies, zens out of Mexico, how can
warning citi-
they stand here
and of great importance, that should make this to-day and vote against warning our citizens
House hesitate to interfere by passing a resolu- off of these armed merchant vessels? [Ap-
tion that can have no legal effect. And
plause.] again, the State Department of
The resolution now before the House is not this Government is
curtailing the rights of
a bill that would become law if passed, it is not American citizens to passports in foreign coun-
a joint resolution that would have the effect of tries. Here is the rule they have laid down :

law, it is not a concurrent resolution that would The department does not deem it appropriate or
advisable to issue passports to persons who con-
go to the Senate, it is an expression of opinion
of this House only. If passed here by unani- template visiting belligerent countries merely for
pleasure, recreation, touring, or sight-seeing.
mous vote it would have no more legal effect
than a similar resolution passed in a chamber The gentleman may say that that relates
of commerce in any American city. [Ap- only to pleasure, but if an American citizen has
Its only conceivable effect would be a right to a passport he has a
plause.] right to it to
to embarrass this Government in its negotia- travel for any purpose that he sees fit.
tions with foreign powers. [Applause.] There Mr. FLOOD. If the gentleman will permit,
is no proposal to give it any legal effect, it is the gentleman does not contend that an Ameri-
only an expression of opinion about the busi- can, because he has a passport, has the right
ness of another department of the Government. to go to a foreign country without the consent
Mr. COOPER of Wisconsin. Mr. Speaker, of that country?
Mr. IGOE. No but if we deny an American
I yield four minutes to the gentleman from ;

citizen a passport, we are curtailing a

Missouri [Mr. Igoe]- right he
has from this Government [applause], a right
Mr. IGOE. Mr. Speaker and gentlemen of
that he gets from this Government, to which
the House, the gentleman from Pennsylvania
he pays taxes and to whose protection he is
[Mr. Temple], it seems to me, confuses the entitled. The Government
of Sweden tried to
issue that confronts this House to-day. We protect citizens according to all reports, and
are not concerned with the right of these
has called upon them to stay off of these armed
armed vessels to enter or clear from American merchant vessels, and no one in this House
ports. We are concerned with the American has accused that country of doing a dishonor-
citizens riding on these vessels, and the only
able thing. [Applause,]
question is between those citizens and this The SPEAKER. The time of the gentleman
Government, and by taking action upon that has expired
question we do not change international law. Mr. FLOOD. Mr. Speaker, I yield eight
The gentleman has read some notes of this minutes to the gentleman from Pennsylvania
Government, and I want to read a part of a
note from the Secretary of State of this Gov- [Mr. Porter].
rrnment to the German Government while this Mr. PORTER. Mr. Speaker, I shall vote to
war has been in progress. The concluding sen- approve the report of the Committee on For-
tence of that note to Ambassador Gerard is eign Affairs to lay this resolution on the table,
because I believe it is the proper solution of a
very ugly matter. These are no times for par-
Please bring the foregoing to the attention of the
German Government, and in doing it express the
If the President desires the McLemore reso-
hope that they will also prevent their merchant ves-
sels from entering the ports of the United States lution defeated because a public discussion of
carrying armament even for defensive purposes, it is interfering with our negotiations with for-
though they may possess the right to do so by the eign Governments, he would receive my sup-
rules of international law.
port, notwithstanding the fact that the Foreign
Mr. Speaker, is that asking the great German Affairs Committee was told by him on Feb-
Government to do a dishonorable thing? If ruary 22, the day the McLemore resolution
it is not, is this House dishonorable in asking was introduced in Congress, that it was having
our citizens to remain off of these armed mer- such an effect, and 10 days later, in the Pou
chant vessels that we asked the great German letter, demanded that it be brought out for
Government, and by implication other Gov- full and complete discussion. I can not under-
ernments, to keep from the ports of the United stand why a public discussion is not as danger-
States? [Applause.] Gentlemen talk, Mr. ous to our foreign negotiations to-day as it
Speaker, about this being dishonorable. It may was on the 22d of February. Neither can I
be all right for some gentlemen upon the Re- understand why he should tell us in the Pou
publican side to raise that question, but when letter to do the very thing which 10 days before
Democrats upon this floor have approved the he said was paralyzing his negotiations with

the German Empire. Does the President de- of the hundred million of people in America?
sire the McLemore resolution defeated because That is the question. [Applause.] And I be-
it interferes with the prerogatives of his office ? lieve that no man, no matter what his privi-
If this be the reason, I will be glad to vote ac- leges under citizenship may be, has the patri-
cording to his wishes. Does the President desire otic right to so exercise that right as to involve
the McLemore resolution defeated bcause it has the business and the happiness and prosperity
been improperly presented to the House and of America. We
ought to be for America first,
involves a lot of matters with which none of last, always. And I BELIEVE
us are in harmony? If so, I will vote with IF WE HAD[Applause.]
him. But if he desires the House to pass upon DAY TO VOTE FOR A SIMPLE RESOLU-
this vital question whether or not American TION OF WARNING IT WOULD RE-
citizens should be warned from- armed mer- CEIVE ALMOST THE UNANIMOUS
chantmen of belligerent nations without send- VOTE OF THIS HOUSE. IF THAT
ing us a message, as all former Presidents have .
done under similar circumstances, accompanied AMERICAN PEOPLE, NINE OUT OF
by all of the correspondence and other data TEN OF THEM WOULD VOTE TO GIVE
connected with the matter, then I am against THE WARNING. AND WHEN WE VOTE
him with all the power that is in me. TO-DAY TO PLACE THIS RESOLUTION
Mr. COOPER of Wisconsin. Mr. Speaker, UPON THE TABLE WE VOTE TO RE-
I yield four minutes to the gentleman from FUSE TO CONSIDER THE WISHES OF
Illinois [Mr. Madden]. [Applause.] THE AMERICAN PEOPLE. [Applause.]
Mr. MADDEN. Mr. Speaker, I am curious The SPEAKER pro tempore. The time of
to find out what has become of all those men the gentleman has expired.
on the Democratic side of the House who for Mr. FLOOD. Mr. Speaker, I yield five min-
the last three or four weeks have been talking utes to the gentleman from Arkansas [Mr.
in the cloak-rooms about the international sit- Goodwin],
uation. [Laughter.] The vote here to-day has Mr. GOODWIN of Arkansas. Mr. Speaker,
not disclosed any of them. They have all the great Napoleon once said that the time
faded away. would come when all of Europe would be
What is the question before us when it is either Cossack or republic. I am neither a

stripped of the fog? The question is, Shall we prophet nor am I the scion of a seer, but if I
speak for the American people? I consider portend aright the signs all of Europe in the
this a domestic question. The question of no- future will be republican and no part Cossack^
tifying American citizens not to ride on bel-
and thus every European throne will be sub-
ligerent armed ships is not an international
verted and overturned.
question, according to my view. We have a Sir, if these aspirations, if these hopes of
perfect right to so advise them and, in fact,
; millions of people in Europe are to be finally
we have a right to enact a law to prevent them. realized, their freedom attained by this happy
Then, what is the question before us? Does event, the question might well be propounded
the President want our advice as to what he to this Congress, "Shall the American people
shall do in the negotiations with the belliger- and the American Republic maintain their in-
ent nations abroad or does he simply want us dependence, their freedom, and their liberty,
to lay this resolution on the table? Judging or be suspended as a mere satrapy and depen-
from the vote taken to-day and the attitude of dency to the belt of some war lord in Europe
the Democrats upon that question, I think that whose eyes are red with the blood of Mars?"
they construe his meaning to be that he wants Now, if by strict observance of international
no advice.
law, by remaining neutral as we are to-day, we
There is no division of sentiment among the are to get into trouble with Germany and the
American people as to what shall be done to central powers, what might happen to the
sustain the President of the United States American people if we violate international
when the honor of the Nation is involved. law by passing this resolution, and thereby
Every man upon this floor and every man in offend another group of powers now engaged
the Union will stand as one to protect the in this awful hell of war, this holocaust across
rights of America and her citizens. [Ap- the sea? Much has been said in recent times
plause.] of the so-called yellow peril in the Far East.
But there is no question here to-day which Might we not become the target of that grow-
calls for that kind of unity of action? The ing giant over there? Might she not
question before us is, Have we the right to take to seize the Philippines and Hawaiian
advise our citizens to so exercise their privi- Islands, seek to drive us from the Pacific, at-
leges of citizenship as to not involve the rest tempt to exclude our commerce from the Ori-

ent, not to mention the irreparable damage that membership of this House would so vote if
might be inflicted upon our western coast or they were given a fair opportunity so to do.
the world struggle that would follow? Had It seems to me very unfair to them and to the
we thought, Mr. Speaker, that Japan is an ally people they represent that they are prevented
of England to-day, and that to offend the allies by a parliamentary quibble from so voting.
by our attempt to violate international law as [Applause.]
this resolution seeks to do, we might thereby Mr. COOPER of Wisconsin. Mr. Speaker,
imperil this Nation more than by obeying inter- with the gentleman's permission. I will oc-
national law and defeating this resolution? If
cupy a little time now,
we are driven from one position by one power, Mr. FLOOD. All right.
we may expect to be driven, sir, from other [Applause.]
Mr. COOPER of Wisconsin. Mr. Speaker,
positions by other powers, until we finally
abandon every right guaranteed to us by the We have repeatedly heard it urged here that
law of nations, thus becoming contemptuous "we must follow the President"; "we must
in the eyes of all the world.
stand by the President."
In common with the great majority of the Then let us see just what is the President's
people of this country I hope that no Ameri- attitude. Let us have an exact understanding
can will endanger the peace of his Republic of the facts about it. There have been charges

by venturing upon an armed merchantman but ;

and denials as to his position, but we can get
it is the unquestioned right of all the people to the President's attitude in mind very clearly
travel the seas in times of war as well as in by examining the letter of Chairman Stone,
times of peace. If we accede to the demands Senator from Missouri, to the President, which
of Germany, may we not likewise be driven to was published in the Washington papers of
accede to the demands of England and her al- February 25.The Senator says:
lies? The latter have rifled our mails, have re- DEAR MR. PRESIDENT: Since Senator
stricted our commerce, have seized millions and Kern, Mr. Flood, and I talked with you on Monday
millions of dollars worth of the evening I am more troubled than I have been for
many a day. I have not felt authorized to repeat
products of our fields and factories, but we our conversation.
have not said they have a right to do these
things, and these are questions yet to be settled
Something that the President had said trou-
bled Senator Stone "more than he had been
and none of them so far have been settled. The
President has sought to settle them all by di- troubled for many a day." In the same letter
the Senator defines his own attitude. He says:
plomacy and not by the sword. I am willing to
trust him and so are the American people. Ithink you understand my personal attitude with
respect to the subject. As much and as deeply as
[Applause.] I would hate to radically disagree with you, I find
The SPEAKER. The time of the gentle- it difficult for my sense of duty and responsibility

man from Arkansas has expired. to consent to plunge this Nation into the vortex
of this world war because of the unreasonable ob-
Mr. COOPER of Wisconsin. Mr. Speaker, —
I yield two minutes to the gentleman from
What had the President said? The Senator
Illinois [Mr. McKinley].
wrote that he hated to disagree with him.
Mr. McKINLEY. Mr. Speaker, I voted
against the rule just oflFered because it seems to
Much as I to radically disagree with
would hate
me cowardly. It seems to me unfair to the you, I find it my sense of duty and^ re-
difficult for
sponsibility to consent to plunge this Nation into
President, who represents us in our foreign the vortex of this world war because of the un-
relations, when we side-step and decline to reasonable obstinacy of any of the powers, on the
come out squarely and tell him where we stand. one hand, or, on the other hand, of foolhardiness,
I know that I am voicing the amounting to a sort of moral treason against the
[Applause.] Republic, of our people recklessly risking their lives
feelings of 100 per cent of the people in the on armed belligerent ships. I can not escape the
Central West when I say that party politics conviction that such would be so monstrous as to
should be ignored and the President, as our be indefensible.
representative, should receive our full support The Senator earnestly declares that he is op-
in all proper efforts to maintain the dignity
posed to war in support of such "foolhardi-
of the United States and the safety of its citi- ness," such "moral treason against the Repub-
zens. I think we should have an opportunity lic." He intimates that in this he disagrees
to so vote. Also I am satisfied that 90 per cent with the President. What did the President
of the people in my locality believe with me say at that Monday night conference? Here ^

that American citizens should be requested to is what the President said, as set forth in this
travel upon neutral ships and American ves- letter of Senator Stone:
sels so far as it is possible to do so. Furthermore, that you would consider it your
I think, without a doubt, three-fourths of the duty, if a German warship should fire upon an armed

merchant vessel of the enemy, upon which American member, and I do believe him, the President
were passengers, to hold Germany to strict
urged that no action be taken respecting the
resolution, and, to use a common expression,
Strict account! How
the President going
is asked the chairman and his Democratic col-
leagues, constituting a majority of the Com-
to hold a belligerent nation "to strict account"
in the midst of war except by handing pass- mittee on Foreign Affairs, to sit on the lid.
ports to its representative and employing They obeyed and sat on it. They did not know
force? How otherwise than by becoming a that the President had changed his mind. They
party to the war can the United States hold a were not notified that he desired them to get
belligerent to strict account? Senator Stone off of the lid. [Applause and laughter on the
declared that he hated to disagree with the
Republican side.] But without warning them
President, but his sense of duty compelled him the President suddenly wrote a letter to the
to oppose plunging into the vortex of war on a
gentleman from North Carolina [Mr. Pou],
any such pretext as that. The President said, member of another committee, and in the
"I would hold Germany to strict account."
opening sentence notified everybody that Mr.
On the next day, Tuesday, the Members of Henry was in Texas. [Laughter.]
Congress heard about what was said in that
Ignoring the committee which, uiider the
Monday night conversation, through reports rules of the House, had exclusive jurisdiction
emanating from the men who participated in it, of the resolution, he requested the gentleman
and those reports agreed precisely with what from North Carolina to have his committee
Senator Stone understood to be the issue be- bring the resolution before the House of Rep-
tween him in favor of warning Americans not resentatives. His letter continues:
to risk their lives and the President opposed This matter is of so grave importance, and lies
to warning them. so clearly within the field of Executive initiative,
I invite attention now to what the President
that I wish —
himself said in his letter in reply to Senator
The trouble is that the President wants not
but he
Stone :
only the right to take the initiative,^
wants also the right to issue the ultimatum.
If the clear rights of American citizens should
unhappily be abridged or denied by any such action,
we should, it seems to me, have in honor no choice
[Applause on the Republican
Stone, in that letter, betrayed
it all — Senator
as to what our own course would be. I dislike to disagree with you, but I can not agree
that this would be justification for going to war.
"No Protect the foolhardy people
DAVIS of Texas. Amen!
"No choice!" There is but Mr.
at any hazard!
one thing to do when Americans thus risk their Mr. COOPER Mr. Speaker,
of Wisconsin.
lives on armed belligerent ships. Enforce the distinguished gentleman from Pennsyl-
vania, Dr. Temple, took much pains to
their rights! And Senator Stone would not
have this country go to war for such a cause, phasize the word "defense" when speaking of

and he hated to disagree with the President, armed merchantmen. He contended that these
and he was greatly troubled after that con- merchantmen are armed for defense.^ Let us
versation with the President. What was it see whether they are armed exclusively for
that the President had said ? Answer me, not as defense. The London Times of February lo,
partisans. Forget what Hallam called that 1916, contains the following:
worship of a party name which makes up the Armed liners.

Do you propose at The American note criticized.

politics of vulgar minds. Heavier guns needed.
the call of party to forget your country? Do
By our naval correspondent.
you say that if the ship which left for the zone The P. & O. steamer Kashgar, when off Malta on
of war two or three days ago, having on board her way to India, saw a submarine periscope and
an American who said in New York that he fired at it —
had run the blockade three or four times and attacked

enjoyed the thrill do you say that if that ship
The armed merchantman
the submarine by firing at it — once

be sunk and carry that reckless American to It reappeared on the

obliging the boat to dive.
the bottom of the sea we will hold one of the opposite side of the liner and was again fired at,
belligerent nations to strict account? You if not hit, when the submarine dived and was seen

have an opportunity to answer that question, no more. The Ellerman liner City of Marseilles ^

also had a similar encounter off the Sardinian coast

and can answer it either as partisans or as 10 days earlier. In her case the submarine opened
patriots. fire without any warning, but after two shots the
the President wished nothing to bo liner's gun got to work and discharged eight shells
Now, U
done about this McLemore resolution. If I at the boat, after which the latter disappeared.
am to believe the chairman of the Committee Now follows a striking statement:
on Foreign AflFairs, of which committee I am a The third instance is that of a French ship, the

Plata, owned by the Transports Maritimes, which, Moreover, pirates and sea rovers have been swept
on January 27, sighted a submarine half a mile from the main trade channels of the sea and priva-
away. Fire was opened — teering has been abolished. Consequently the plac-
ing of guns on merchantmen at the present date
pause here to remark that the gentleman
of submarine warfare can be explained only on the
from Pennsylvania, Dr. Temple, has spoken, ground of a purpose to render merchantmen superior
as also have other gentlemen, about these ves- in force to submarines and to prevent warning and
"^ sels always having their guns at the stern of visit and search by them. Any armament, therefore,
on a merchant vessel would seem to have the char-
the boat and only for defense. acter of an offensive armament.
I will read that again :

In January we hear the President and Sec-

third instance is that of a French ship, the
Plata, owned by the Transport Maritimes, which on
retary saying that any armament on a mer-
January 27 sighted a submarine half a mile away. chant vessel would seem to have the character
Fire was opened from the stern of the steamer, of an offensive armament.
and the hostile craft, believed to be struck in a
If a submarine is required to stop and search a
vital part, soon dived and made off.
merchant vessel on the high seas, and in case it
Armed purely for defense, it immediately at- is found that she is of an enemy character and that

tacks with its stern guns and hits the other conditions necessitate her destruction and the re-
moval to a place of safety of persons on board, it
craft in a vital part! would not seem just nor reasonable that the sub-
How all this shows the change
conclusively marine should be compelled, while complying with
in conditions and demonstrates that as against these requirements, to expose itself to almost certain
destruction by the guns on board the merchant
the submarine these armed merchant vessels vessel.
are ships of war. This is exactly what was
contended for by this Government in the Lans-
Mr. HUDDLESTON. Will the gentleman
ing letter of January 18. Mr. COOPER of Wisconsin. No ; I have not
SOME DAY THE GOVERNMENT OF the time to yield. The letter continues

It would therefore appear to be a reasonable and

USE SUBMARINES IN ITS OWN DE- reciprocally just arrangement if it could be agreed
FENSE. by the opposing belligerents that submarines should
At this point I will read the letter of Jan- be caused to adhere strictly to the rules of inter-
national law in the matter of stopping and search-
uary 18 which Secretary of State Lansing sent ing merchant vessels, determining their belligerent
to the belligerent powers, and demonstrate
nationality, and removing the crews and passengers
that it is not only the letter of Secretary Lans- to_ places
of safety before sinking the vessels as
ing but also the letter of the President of the prizes of war, and that merchant vessels of belliger-
ent nationality should be prohibited from carrying
United States. Let us see what were the views
any armament whatsoever.
of the President and the Secretary in January
upon this vastly important subject. The let- Here in January was our Government declar-
ter is most interesting: ing that under present conditions it would be
Prior to the 1915
reasonable and just "that merchant vessels of
belligerent operations
agairKt enemy commerce onthe high seas had been belligerent nationality should be prohibited
conducted with cruisers carrying heavy armaments. from carrying any armament whatsoever."
In these conditions international law appeared to
Some of these vessels are armed with 6-inch
permit a merchant vessel to carry armament for
defensive purposes without lessening^ its character guns, some have four guns, and one of these
as a private merchant vessel. This right seems to inoffensive belligerent merchantmen, armed
hare been predicated on the superior defensive "only for defense" with 6-inch guns and with
strength of ships of war, and the limitation of shells filled with high-power explosives, could
armament to have been dependent on the fact that
itcould not be used effectively in offense against have sunk any battleship of the glorious fleet
enemy naval vessels, while it could defend the that Farragut commanded during the Civil
merchantmen against the generally inferior arma- War.
ment of piratical ships and privateers. I now ask especial attention to what is one
The use of the submarine, however, has changed
of the most important paragraphs of the letter :

these relations. Comparison of the defensive

strength of a cruiser and a submarine shows that In proposing this formula as a basis of con-
the latter, relying for protection on its power to ditional declarations by the belligerent Government
submerge, almost defenseless in point of construc-
is I do so conviction that each Government
in the full
tion. Even a merchant ship carrying a small-caliber will consider primarily the humane purposes of sav-
gun would be able to use it effectively for offense ing the lives of innocent people rather than the
ag^ainst the submarine. insistence upon doubtful legal right, which may be
denied on account of new conditions.
The President and Secretary Lansing say
that even a small-caliber gun would make a The letter urges "the humane purpose of
merchantman strong enough to wage success- saving the lives of people rather than the in-
ful offensive warfare against a submarine. The sistence on doubtful legal right." And yet _

letter goes on: this right which was "doubtful" in January

is the same right which, if violated, the Presi- ously thinking of notifying our officials that
dent indicated to the men who called on that under the changed conditions merchant ships
Monday night he would go to war to enforce. ought not to be armed that he was trying to
If it was doubtful in January, what has made change the rules wrongfully? No; for he said
it vital now? If it was honorable to write these that it would be right under the circumstances
views in January, why is it dishonorable to to require that no merchantman go armed.
The letter proceeds: STAND BY THE PRESIDENT? IT IS
I would be pleased to be informed whether your SAID THAT SOME OF THE IGNORANT
Goveptiment would be willing to make such a OF THE COSSACKS SHOUT, "STAND BY
declaration, conditioned on their enemies making a THE CZAR NO MATTER WHAT HE
similar declaration.
It is the next paragraph which contains the DENT! I HAVE GREAT RESPECT FOR
€vidence that the President was entirely fa- THE OFFICE OF THE PRESIDENCY
miliar with the contents of this letter: AND FOR THE PRESENT INCUMBENT
should add that my
I Government is impressed OF THAT EXALTED PLACE BUT IN
with the reasonableness of the argument that a ORDER FOR ME TO STAND BY A MAN
merchant vessel carrying an armament of any sort, IT IS FIRST NECESSARY THAT THE
in view of the character
of the submarine warfare
the defensive weakness of undersea craft, should
be held to be an auxiliary cruiser and so treated by TER) OR, AT LEAST, BE REASONABLY
a neutral as well as by a belligerent Government, STATIONARY.
and is seriously considering instructing its officials Mr. FLOOD. Mr. Chairman, I yield five
accordingly. minutes to the gentleman from Massachusetts
Who was "my Government"? Not the Post- [Mr. Rogers].
master General nor the Secretary of the Treas- Mr. ROGERS. Mr. Speaker, there is a sharp
ury. Who was "my Government"? Is it to division of opinion in this House. Of course
be supposed that the President of the United we all recognize that; but there is no division
States would permit Secretary Lansing to of opinion upon one point. We are all agreed
write a letter of this tremendous import to the that peace must be maintained, if peace can be
belligerent nations without consulting him? maintained with honor. The gentleman who
If the President of the United States —
and I has just spoken dealt very eloquently with the

do not believe it is so lax in the discharge of horrors of war. There is no dissent from the
his duty that he grants such power to a subordi-
proposition that war is horrible. There is no
nate he ought not to be President. I acquit him occasion to voice that sentiment to-day. The
of such neglect of duty, and I acquit Secretary
only question is, What course should be pur-
Lansing of being so presumptuous as, upon his sued by this House in order to avoid war and
own initiative, to have written and mailed that to avoid it honorably?
letter. Of course, "my Government" in this let- I maintain, Mr. Speaker, that the surer and
ter means the President of the United States. the sounder and the wiser way to avoid war fs
But it is said that we must not change the rules to support the President and not tie his hands.
of the game while the game is going on. Let
[Applause.] And, Mr. Speaker, I favor, in
us see what "my Government" thought about
pursuance of that course, the killing of this Mc-
that proposition on the 18th of January. Lemore resolution as promptly and as effec-
I should add that my Government is impressed
tively as we possibly can. If in the course of
with reasonableness of the argument that a
merchant vessel carrying an armament of any sort, killing it the death be made painless, I have
in view of the character of the submarine warfare
no objection to that.
and the defensive weakness of undersea craft, should The question of whether we are going to
be held to be an auxiliary cruiser and so treated uphold the hands of the President in his diplo-
by a neutral as well as by a belligerent Government matic negotiations with Germany thereupon
and is seriously considering instructing its officials
became the McLemore resolution, and the vote
upon that resolution to-day is a square vote of
In January we see that the President was
upholding or a square vote of not upholding,
seriously considering instructing our officials as the case may be. [Applause.]
to hold armed belligerent merchantmen to be The SPEAKER pro tempore. The gentle-
auxiliary cruisers, because he said it would be man from Wisconsin [Mr. Cooper] has lo
only just and reasonable so to consider them. minutes remaining.
MyDemocratic friends, do you pretend to Mr. COOPER of Wisconsin. Mr. Speaker,
believe that when the President, through Sec- how much time has the other side?
retary Lansing, informed those foreign Gov- The SPEAKER pro tempore. Forty-nine
ernments that he, as the President, was seri- minutes.

Mr. FLOOD. Mr. Speaker, I yield lo min- Representatives citizens of the United States under
utes to the gentleman from Illinois [Mr. Foss]. existing conditions and irrespective of their legal
rights ought to refrain from taking passage on
Mr. FOSS. Mr. Speaker, the situation pre- armed vessels of belligerent nations except in case
sented here to-day is not of our choosing, but of imperative necessity.
it is here and we must meet it in a patriotic And on the consideration of the resolution
manner. and amendments thereto the House should pro-
The framers of the Constitution were wise ceed under the five-minute rule to a final vote
and farsighted in the establishment of our or passage I found myself an orphan and un-
Government when they provided for three able to vote for that resolution, because it

separate branches the legislative, executive, meant if we refused to adopt the previous ques-
and judicial. That document gives the Presi- tion we were compelled to vote for this resolu-
dent the power, by and with the advice and tion submitted by the gentleman from Illinois.
consent of the Senate, to make treaties and to I can not vote for this substitute for the rea-
nominate and appoint ambassadors and other son that it would permit those citizens of this
public ministers, and also the right to receive country who have sold arms and ammunition
ambassadors and other public ministers. Un- to any of the belligerents to travel in safety on
der these powers is invested in him the right armed ships, while it would warn oflF those of
of initiation and control of our diplomatic nego- our citizens who are engaged in agriculture
tiations with other countries, and whenever or productive occupations.
he comes to an agreement or conclusion he can Now, if it were left to me, my record is made.
report treaties to the Senate for ratification he ;
I voted in the Committee on
Foreign AflFairs
can give information at any time to Congress to substitute, first, the Shackleford resolution,
on the state of the Union. The attempt on which is well known to the membership of this
the part of Congress to pass any resolution House, and which requests all citizens to re-
upon the present subject matter of diplomatic frain from taking passage on armed merchant
negotiations in the course of negotiation is ships in this time of peril, and when that was
clearly an interference and an infringement of voted down I voted to substitute the Senate
the constitutional prerogative of the Executive provision, which negatively warns them from
and fraught with great danger to our country. taking such passage, so that the Members of
What a spectacle we would present to the the House, if they could not be put upon posi-
world if the Congress of the United States, tive vote as to whether or not American citi-
composed of two bodies, one with nearly 100 zens should travel upon armed belligerent ves-
Members and this with 435, oftentimes in dis- sels, they ought at least to be permitted to vote
agreement, if it should take out of the hands negatively on the question. I submitted the pro-
of the Executive the handling of diplomatic vision that was submitted to the Senate, and
and foreign relations. when that was voted down I was left an or-
Mr. CAMPBELL. Mr. Speaker, I yield five phan and when we come in here to-day we

minutes to the gentleman from Oklahoma [Mr. find ourselves without the opportunity to ex-
Thompson]. press our opinion as to whether or not a
The SPEAKER pro tempore. The gentle- fanatical citizen of the United States for finan-
man from Oklahoma [Mr. Thompson] is recog- cial reasons should be permitted to engage
nized for five minutes. 100,000,000 people of the United States in war.
Mr. THOMPSON. Mr. Speaker, I regret [Applause.]
very much that the question has not come
The SPEAKER pro tempore. The gentle-
before the Congress squarely and fairly, so that man from New Jersey [Mr. Hamill] is recog-
the Members of this House could be put upon nized for half a minute.
record and be permitted to express their honest Mr. HAMILL. MR. SPEAKER, I DEEP-
convictions on the plain and simple proposition LY DEPLORE THE NECESSITY WHICH
as to whether or not foolhardy and madcap or COMPELS ME TO DIFFER WITH THE
financial American citizens ought to travel 'on PRESIDENT and to vote against the motion
belligerent ships, armed, at this time of peril to table the McLemore resolution, but I
in our country's history. I had intended, Mr. WILL NOT BECOME A PARTNER IN
Speaker, to vote this morning against the pre- ANY PROCEEDING TO PLUNGE THIS
vious question on the rule, but when the gen- COUNTRY OF 100,000,000 OF HUMAN
tleman from Illinois [Mr. Mann] took the BEINGS INTO THE EUROPEAN IN-
floor and said it was the purpose of the minori- FERNO OF SLAUGHTER AND THEN
ty to oflFer this resolution to strike out both the SEEK TO JUSTIFY MY TREACHERY TO
preamble and the resolution and insert in lieu AMERICA UPON THE FLIMSY PRE-
thereof the following: TEXT OF PARTY LOYALTY. [Applause.]
Resolved, That in the opinion of the House of Mr. FLOOD, Mr. Speaker. I yield three

minutes to the gentleman from New York chant ships. If my time lasts
I shall endeavor

[Mr. Oglesby]. to state just what the

issue is.
Mr. OGLESBY. Mr. Speaker, I believe that Now, it is one thing for men to think in their
nine hundred and ninety-nine out of every own minds that people ought not to travel. It
thousand people in the United States earnestly is an entirely different thing for the
desire peace. Of all the men in this of a great sovereignty solemnly to make such
peace lov-
I believe not one to
there is a declaration, and it could only be made in-
ing Republic,
whom war is more repugnant than to Wood- telligently with the idea that that sovereignty
row Wilson. As proof of this we have only to proposed not to stand for the rights of such
point to the history of the last 18 months. nationals so to travel.
How many Members of this House would ad- Mr. COOPER of Wisconsin. Mr. Speaker,
vise running up the white flag as a means of I yield two minutes to the gentleman from
insuring peace? Did you ever see an effort to Illinois [Mr. Cannon].
keep out of a fight succeed by showing the white Mr. CANNON. Mr. Speaker, two minutes
feather? Any schoolboy will tell you if you is rather a short time in which to discuss a
make a cowardly backdown and surrender of question of this importance. I think we all
your rights one day, every coward in school understand what this resolution provides. On
will pick a fuss with you the next day just for this side we did not bring it in, and now that
the fun of seeing you run. it is brought in on that side
you propose to
Voting to table this resolution will not make kill it. Much has been said along these lines
for war, but for peace. upon each side. So far as I am concerned, I
I have had many and telegrams from
letters voted against the previous question on the
men in my district, whose friendship I prize, rule and against the rule. This matter is of
urging me to support this resolution. I believe that importance, and if it be of that import-
these men are honest in their convictions and ance that Members claim, with gentlemen
that they are patriotic Americans. If they differing on both sides, it seems to me that
could forsee the result of our interference further time might be taken for discussion.
with the President as it appears to me, T am Can we further discuss it if it is not laid
sure they would urge me just as strongly upon the table? Yes. Are we confined to the
against doing what they now ask me to do. amendment to be offered, as notice was given,
Mr. FLOOD. Mr. Speaker, I yield 10 min- by the gentleman from Kansas [Mr. Camp-
utes to the gentlemen from Kentucky [Mr. bell] ? No. we
refuse to kill it by laying it
on the open to the widest amend-
table, it is
Sherley]. ment or amendments that are germane and

Mr. Speaker, there are so, under all the conditions and all the cir-
two classes of Members who have spoken in
cumstances, the President not having appeared
favor of a warning resolution. There is that and addressed Congress, nor given us full in-
class who believedesirable to express the
formation, nor sent a message to Congress —
sentiment of the Congress that men should not —
everything considered I have made up my
travel upon belligerent ships, because of the mind to register my vote against laying this
risk that might come of involving the country resolution on the table; not that I am for it
in war, and who would stop there. There is without amendment, but the House might
another class, who believe that that warning well take one day, two days, three days, with
ought to be issued either with the express freedom of amendment that is germane, to
declaration or the tacit understanding that if further consider this question.
the warning is disregarded America does not [Applause.]
of Wisconsin. Mr. Speaker,
propose in any way to uphold the rights of I yield eight minutes to the gentleman from
her nationals to so travel. Now, these men Minnesota [Mr. Miller].
in some instances have considered what under-
Mr. MILLER of Minnesota. Mr. Speaker,
lies this proposition, and some of them have
since this issue arose, now almost two weeks
ignored it and sought to confine the whole is-
sue simply to that proposal. For my own part ago, I have endeavored to the best of my abili-
ty to learn the real issue involved. There are
I do not believe it possible now to issue a
pending in the Committee on Foreign Affairs
warning so worded that it will not convey of this House several resolutions, the purport
necessarily the impression, not in America, but of which is to warn Americans from
to those with whom we are dealing and with
passage on certain classes of belligerent ships.
whom we have a controversy, that America That resolution which it was the pleasure of
is prepared now, if need be, to back down from the majority of this House to present here for
the position that the President has taken touch- consideration and vote is the one that they
ing the rights of neutrals upon belligerent mer- thought by its terms, if brought here in such

a way as to prohibit amendment, would be the I have no doubt about what the House of
one to command the least support, and pre- Representatives will do. Let us do it by an
vent a record of the honest convictions of the overwhelming majority. Let us uphold the
membership of the House. [Applause on the hands of the President and the Government.
Republican side] Let us be for our country, because it stands in
But why should we be asked to lay it upon the light while other nations are groping in
the table? For no purpose but one, namely, the dark, because it stands for law, because it
that men who here think one way may vote stands for principles and ideals that will pre-
another, [Applause.] The recommendation vail, and because it is our country. [Applause.]
of the Committee on Foreign Affairs is that we Mr. FLOOD. Mr. Speaker, I move that
sidestep, table, this resolution, because we have House resolution 147 be laid on the table.
no business to pass upon it, but the President The SPEAKER. The gentleman from Vir-
has said that we have business to pass upon ginia moves to lay House resolution No.
it, because he asks it. They tie a fire escape to on the table.
their own vote. For myself, I ask none such. Mr. COOPER of Wisconsin. Mr. Speaker,
The President has the right to know and the on that I demand the yeas and nays.
country wants him to know what the country The yeas and nays were ordered.
and what we think of American citizens tak- The question was taken; and there were —
ing passage upon a ship when taking such pas- yeas 276, nays 142, answered "present" 1, not
sage is likely to embroil us in war. You and voting 15, as follows:
I know what the position of the people of the
Nation is in that regard. [Roll No. 28.]

Mr. FLOOD. Mr. Speaker, I do not think YEAS—276.

any Member upon this floor misunderstands Abercrombie Danforth Gray, Ala.
the issue that we shall vote upon this after- Adamson Darrow Gray, Ind.
Aiken Davenport Gray, N. J.
noon. I do not care for what reason Members Greene, Mass.
Alexander Dempsey
oppose the McLemore resolution. In every Allen Dent Greene, Vt.
essential it is as well drawn, as good a resolu- Almon Dewalt Griest
Ashbrook Dickinson Griffin
tion, as the one the Republican Members of
Aswell Dill Guernsey
the Committee on Rules brought into this Dixon
Ayres Hadley
House to-day. I do not care what excuses a Barkley Doolittle Hamilton, N. Y.
good part of the Republican leadership may Bamhart Doremus Hamlin
make for their partisan fight on an issue in- Beakcs Doughton Hardy
Beales Dunn Harrison
volving a great international question. The Bell Dupre Hart
question which presents itself to this House Blackmon Eagan Haskell
is whether its vote will be such as to sustain Booher Edmonds Hastings
the hands of the President of the United Borland Edwards Hay
States in the diplomatic controversy he has at Britt Emerson Hayden
Browning Estopinal Heflin
this time with the German Government. It Evans Helm
undoubtedly will. The Senate has taken Burnett Fairchild Helvering
action that is to the Byrnes, S. C. Farley Hicks
satisfactory country.
Byrns, Tenn. Farr Hinds
[Laughter on the Republican side.] I know Caldwell Ferris Holland
not satisfactory to Republicans who would
it is Fess Hood
Candler, Miss.
run the risk of plunging this country into war Cantrill Fields Houston
to make capital for their party, but the action Caraway Finley Howard
Carew Flood Howell
the Senate has taken is satisfactory to the
Carlin Fordney Huddleston
country. I believe the House in a few mo-
Carter, Mass. Foss Hughes
ments will take action that will be just as Carter, Okla. Freeman Hulbert

satisfactory to the country. Casey Gallagher Hull, Tenn.

Cline Gallivan Humphrey, Wash.
Under the Constitution the conduct of dip-
Gandy Humphreys, Miss.
lomatic negotiations is one of the prerogatives Collier Gard Husted
of the President under the unbroken preced-
; Connelly Gardner Jacoway
ents and practice in this country our Chief Conry Gamer James
Executive has been allowed to carry on nego- Cooper, Ohio Garrett Johnson, Ky.
Cooper, W. Va. Gillett Johnson, Wash.
tiations, without interference from any other Cox Glass Jones
branch of the Government. But the question Crago Glynn Keister
Godwin, N. C.
presented to us is broader and deeper than con- Crisp Kelley
stitutional prerogative or precedent. It is a Crosser Goodwin, Ark. Kennedy, R. I.

Curry Gordon Kettner

question of whether this House is standing -Dale, Vt Gould Key, Ohio
with its Government or a foreign Government. Dallinger Graham Kiess, Pa.

Kincheloe Oliver Smith, Idaho Lobeck Powers Steenerson
Kitchin Olney Smith, Mich, London Ramseyer Stephens, Cal.
Kreider O'Shaunessy Smith, Tex. Longworth Reavis Stephens, Nebr.
Lafean Overmyer Snell McCuUoch Reilly Sterling
Lazaro Padgett Snyder McKenzie Ricketts Sulloway
Lee Page, N. C. Sparkman McKinley Roberts, Mass. Sutherland
Lehlbach Paige, Mass. Steagall McLemore Roberts, Nev. Sweet
Lesher Park Stedman Madden Rodenberg Switzer
Lever Parker, N. J. Steele, Pa. Mann Rowland Tavenner
Lewis Parker, N. Y. Stephens, Miss. Matthews Russell, Ohio. Timberlake
Lieb Patten Stiness Meeker Schall Towner
Liebel Peters Stone Miller, DeL Shallenberger Van Dyke
Linthicum Phelan Stout Miller,Minn. Shouse Volstead
Littlepage Piatt Sumners Mondell Siegel Watson, Pa.
Lloyd Porter Swift Mooney Sisson Wheeler
Loud Pou Taggart Moore, Pa. Slayden Williams, T. E.
McAndrews Pratt Tague Morgan, Okla. Slemp Wilson, 111.
McArthur Price Talbott Moss, W. Va. Sloan Wood, Ind.
McClintic Quin Taylor, Ark. Mudd Smith, Minn. Woods, Iowa
McCracken Ragsdale Temple Nelson Smith, N. Y. Young, N. Dak.
McFadden Rainey Thomas Nolan Stafford
McGilHcuddy Raker Thompson Norton Steele, Iowa
McKellar Randall Tillman
McLaughlin Ranch Tilson
Magee Rayburn Tinkham ANSWERED "PRESENT"— 1.

Maher Riordan Treadway Taylor, Colo.

Mapes Rogers Tribble
Martin Rouse Vare NOT VOTING— 15.
Mays Rowe Venable Adair Dies Henry
Miller, Pa. Rubey Vinson Brown, W. Va. Dooling Hilliard
Montague Rucker Walker Chiperfield Driscoll Loft
Moon Russell, Mo. Walsh Clark, Fla. Gregg McDermott
Moores, Ind. Sabath Ward Cull op Hamilton, Mich. Stephens, Tex.
Morgan, La. Sanford Wason
Morin Saunders Watkins So the motion was agreed to.