3924 _CO.NGRESSIONAL RECORD-SENATE APRIL 29 By Mr. FISH: Joint resolution MARCELLA J. M'GINN MOORE, Mr. REYNOLDS, Mr. OVERTON, Mr. BARKLEY, Mr. There being no objection, the resolution States Of right, title, Cit tnterest In such articles or materials. n1t1on, or implements of war which he exports, imports, or man· Insurance written by underwriters on any articles or materials ufactures; and upon such notification the Secretary of State shall the export of which 1s prohibited by this Act, or on articles or issue to such person an amended certificate of registration, free materials carried by an American vessel in violation of subsection of charge, which shall remain valid until the date of expiration (a) of this section, shall not be deemed an American interest of the original certificate. Every person required to register under therein, and no insurance policy issued on such articles or mate the provisions of this section shall pay a registration fee of $500, rials and no loss incurred thereunder or by the owner of the unless he manufactured, exported, or imported arms, ammuni vessel carrying the same shall be made a basis of any claim put tion, and implements of war to a total sales value of less than forward by the Government of the United States. $50,000 during the twelve months immediately preceding his regis " • (c) The President shall from time to time by proclamation tration, in which case he shall pay a registration fee of $100. ex-rend such restrictions as are imposed under the authority of Upon receipt of the required registration fee, the Secretary of this section to other states as and when they may be declared State shall issue a registration certificate valid for five years, to become belligerent states under proclamations issued under which shall be renewable for further periods of five years upon the authority of section 1 of this Act. · the payment for each renewal of a. fee of $500 in the case of per "'(d) The Prooident may from time to time change, modify, or sons who manufactured, exported, or imported arms, ammunition, revoke in whole or in part any proclamations issued by him under and implements of war to a. total sales value of more than $50,000 the authority of this section. during the twelve months immediately preceding the renewal, or a " • (e) Except with respect to offenses committed, or forfeitures fee of $100 in the case of persons who manufactured. exported, or incurred, prior to May 1, 1939, this section and all proclamations imported arms, ammunition, and implements of war to a total issued thereunder shall not be e1fective after May 1, 1939. sales value of less than $50,000 during the Gwelve months imme, "'FINANCIAL TRANSACTIONS diately preceding the renewal. The Secretary of the Treasury 1s hereby directed to refund, out of any moneys in the Treasury not "'SEC. S. (a) Whenever the President shall have issued a procla • otherwise appropriated, the sum of $400 to every person who shall mation under the authority of section 1 of this Act, it shall there after be unlawful for any person within the United States to pur have paid a registration fee of $500 pursuant to this Act, who manufactured, exported, or imported arms, ammunition, and imple chase, sell, or exchange bonds, securities, or other obligations ~f ments of war to a total sales value of less than $50,000 during the government of any belligerent state or of any state wherem the twelve months immediately preceding his registration. civil strife exists, named in such proclamation, or of any political "'(d) It shall be unlawful for any person to export, or attempt subdivision of any such state, or of any person acting for or on to export, from the United States to any other state, any of the behalf of the government of any such state, or of any faction .or arms, ammunition, or implements of war referred to in this Act, asserted government within any such state wherein civil strife or to import, or attempt to import, to the United States from exists or of any person acting for or on behalf of any faction or any other state, any of the arms, ammunition, or implements of asserted government within any such state wheerin civil strife war referred to in this Act, without first having obtained a license exists, issued after the date of such proclamation, or to make any therefor. loan or extend any credit to any such government, political sub " •(e) All persons required to register under this section shall division, faction, asserted government, or person, or t~ solicit or maintain, subject to the inspection of the Secretary of Stat-e, or receive any contribution for any such government, political sub any person or persons designated by him, such permanent records division, f!tction, asserted government, or person: Provided, That of manufacture for export, importation, and exportation of arms, 1f the President shall find that such action will serve to protect ammunition, and implements of war as the Secretary of State the commercial or other interests of the United States or its shall prescribe. citizens, he may, in his discretion, and to such extent and under "'(f) Licenses shall be issued to persons who have registered as such regulations as he may prescribe, except from the operation herein provided for, except in cases of export or import licenses of this section ordinary commercial credits and short-time obliga where the export of arms, ammunition, or implements of war tions in aid of legal transactions and of a character customarily would be 1n violation of this Act or any other law of the United used in normal peacetime commercial transactions. Nothing in States, or of a treaty to which the United States 1s a. party, 1n l. this subsection shall be construed to prohibit the solicitation or which cases such licenses shall not be issued. 'I collection of funds to be used for medical aid and assistance, or "'(g) Whenever the President shall have issued a. proclamation for food and clothing to relieve human suffering, when such under the authority of section 1 of this Act, all licenses thereto solicitation or collection of funds is made on behalf of and for fore issued under this Act shall Ipso facto and immediately upon use by any person or organization which is not acting for or on the issuance of such proclamation, cease to grant authority to behalf of any such government, political subdivision, faction, or export arms, ammunition, or implements of war from any place asserted government, but all sucll solicitations and collections of in the United States to any belligerent state, or to any state funds shall be subject to the approval of the President and shall be wherein civil strife exists, named in such proclamation, or to anY' made under such rules and regulations as he shall prescribe. neutral state for transshipment to, or !or the use of any such "'(b) The provisions of this section shall not apply to a. renewal belligerent state or any such state wherein civil strife exists; and or adjustment of such indebtedness as may exist .on the date of said licenses, insofar as the grant of authority to export to the the President's proclamation. state or states named in such proclamation is concerned, shall "'(c) Whoever shall violate the provisions of this section or of be null and void. any regulations issued hereunder shall, upon conviction thereof, "'(h) No purchase of arms, ammunition, or implements of war be fined not more than $50,000 or imprisoned for not more than shall be made on behalf of the United States by any officer, exec five years, or both. Should the violation be by a corporation, utive department, or independent establishment of the Govern... organization, or association, each omcer or agent thereof partici ment from any person who shall have failed to register under the pating in the violation may be liable to the penalty herein provisions of this Act. prescribed. "'{1) The provisions of the Act of August 29, 1916, relating to "'(d) Whenever the President shall have revoked any such the sale of ordnance and stores to the Government of Cuba (39 proclamation issued under the authority of section 1 of this Act, Stat. 619, 643; U. S. c .. 1934 ed., title 50, sec. 72), are hereby the provisions of this section and of any regulations issued by the repealed as of December 31, 1937. President hereunder shall thereupon cease to apply with respect "'(j) The Board shall make an annual report to Congress, to the state or states named in such proclamation, except with copies of which shall be distributed as are other reports trans respect to ofienses committed prior to such revocation. mitted to Congress. Such reports shall contain such information " 'EXCEPTION&-AMERICAN REPUBLICS and data collected by the Board as may be considered of value " 'SEc. 4. This Act shall not apply to an American republic or in the determination of questions connected with the control of republics engaged in war against a non-American state or states, trade in arms, ammunition, and implements of war. The Board provided the American republic is not cooperating with a non shall include in such reports a. list of all persons required to American state or states in such war. register under the provisions of this Act, and full information "'NATIONAL MUNITIONS CONTROL BOARD concerning the licenses issued hereunder. "'(k) The President is hereby authorized to proclaim upon "'SEC. 5. (a) There is hereby established a National Munitions recommendation of the Board from time to time a list of articles Control Board (hereinafter referred to as the "Board") to carry out which shall be considered arms, ammunition, and implements of the provisions of this Act. The Board shall consist of the Secretary war for the purposes of this section. of State, who shall be chairman and executive officer of the Board, the Secretary of the Treasury, the Secretary of War, the Secretary " 'AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS TO BELLIGERENT of the Navy, and the Secretary of Commerce. Except as otherwise STATES provided in this Act, or by other law, the administration of this "'SEC. 6. (a) Whenever the President shall have issued a proc Act is vested in the Department of State. Th~ Secretary of State lamation under the authority of section 1 of this Act, it shall shall promulgate such rules and regulations with regard to the thereafter be unlawful, until such proclamation is revoked, for enforcement of this section as he may deem necessary to carry out any American vessel to carry any arms, ammunition, or imple its provisions. The Board shall be convened by the chairman and ments of war to any belligerent state, or to any state wherein shall hold at least one meeting a year. civil strife exists, named In such proclamation, or to any neutral " • (b) Every person who engages in the business of manufac state for transshipment to, or for the use of, any such belligerent turing, exporting, or importing any of the arms, ammunition, or state or any such state wherein civil strife exists. _ implements of war referred to in this Act, whether -as an exporter, "'(b) Whoever, in violation of the provisions of this section, importer manufacturer, or dealer, shall register with the Secretary shall take, or attempt to take, or shall authorize, hire, or solicit of State 'his name, or business name, principal place of business, another to take, any American vessel carrying such cargo out of and places of business in the United States, and a list of the port or from the jurisdiction of the United States shall be fined arms, ammunition, and implements of war which he manufac not more than $10,000, or imprisoned not more than five years, or tures, imports, or exports. both; and, in addition, such vessel, and her tackle, apparel, fur " •(c) Every person required to register under this section shall niture, and equipment, and the arms, ammunition, and imple- notify the Secretary of State of any change in the arms, ammu- _ ments .of war on board, shall be forfeited to the United States. · 1937 .CONGRESSIONAL RECORD-SENATE 3939 • 'uSE OF AMERICAN PORTS AS BASE OF SUPPLY "'(c) The term "vessel" means every description of watercraft "'SEC. 7. (a) Whenever, during any war in which the United (including aircraft) or other contrivance used, or capable of being States is neutral, the President, or any person thereunto author used, as a means of transportation on, under, or over water. ized by him. shall have cause to believe that any vessel, domestic "'(d) The term "American vessel" means any vessel (including or foreign. whet her requiring clearance or not, is about to carry aircraft} documented under the laws of the United States. out of a port of the United States, fuel, men, arms, ammunition, " ' (e) The term ''vehicle" means every description of carriage implements of war, or other supplies to any warship, tender, or (including aircraft) or other contrivance used, or capable of being supply ship of a belligerent state, but the evidence is not deemed used, as a means of transportation on or over land. su1Iic1ent to justify forbidding the departure of the vessel as pro " '(f) The term "state" shall include nation, government, and vided for by section 1, title V, chapter 30, of the Act approved country. June 15, 1917 (40 Stat. 217, 221; U.S. C., 1934 ed.. title 18, sec. 31), " 'SEPARABILITY OF PROVISIONS and if, in the President's judgment, such action w1ll serve to " 'SEC. 14. If any of the provisions of this Act, or the application maintain peace between the United States and foreign states, or thereof to any person or circumstance, is held invalid, the remainder to protect the commercial interests of the United States and its of the Act, and the application of such provision to other persons citizens, or to promote the security or neutrality of the United or circumstances, shall not be affected thereby. States, he shall have the power and it shall be his duty to require the owner, master, or person in command thereof, before " 'APPROPRIATIONS departing from a port of the United States, to give a bond to '' 'SEc. 15. There is hereby authorized to be appropriated from the United States, with sufficient sureties, in such amount as time to time, out of any money in the Treasury not otherwise appro he shall deem proper, conditioned that .the vessel wlli not deliver priated, such amounts as may be necessary to carry out the provi the men, or any part of the cargo, to any warship, tender, or supply sions and accomplish the purpo...c::es of this Act.' " ship of a belligerent state. And the House agree to the same. " '(b) If the President, or any person thereunto authorized by That the House recede from its amendment to the title of the him, shall find that a vessel, domestic or foreign. in a port of the joint resolution. United States, has previously cleared from a port of the United KEY PITTMAN, States during such war and delivered its cargo or any part thereof JOE, T. ROBINSON, to a warship, tender, or supply ship of a belligerent state, he may WM. E. BORAH, prohibit the departure of such vessel during the duration of the Afanagers on the part of the Senate. war. S. D. McREYNOLDS, " 'SUBMARINES AND ARMED MERCHANT VESSELS SoL BLooM, " 'SEc. 8. Whenever, during any war in which the United States LUTHER A. JOHNSON, is neutral, the President shall find that special restrictions placed I!A.Mn.TON FisH, on the use of the ports and territorial waters of the United States Managers on the part of the House. by the submarines or armed merchant vessels of a foreign state, w1ll serve to maintain peace between the United States and for The PRESIDING OFFICER. Is there objection to the eign states, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United present consideration of the conference report? States, and shall make proclamation thereof, it shall thereafter There being no objection, the Senate proceeded to con be unlawful for any such submarine or armed merchant vessel to sider the report. enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to Mr. PITr.MAN. Mr. President, I should like to make a such limitations as the President may prescribe. Whenever, in brief statement with regard to the report. his judgment, the conditions which have caused him to issue his The Senate passed Senate Joint Resolution 51, proposing proclamation have ceased to exist, he shall revoke his proclama certain amendments to the so-called Neutrality Act of 1935. tion and the provisions of this section shall thereupon cease to apply. The joint resolution as passed provided for striking out all " 'TRAVEL ON VESSELS OF BELLIGERENT STATES after the enacting clause of the act of 1935, reenacting the "'SEc. 9. Whenever the President shall have issued a proclama existing law-the 1935 law-and adding thereto certain pro tion under the authority of section 1 of this Act it shall there visions. Four additional provisions were added by the Sen after be unlawful for any citizen of the United States to travel on any vessel of the state or states named in such proclamation, ex ate. One granted to the President the power to prevent cept in accordance with such rules and regulations as the Presi American vessels engaged in commerce with belligerents dent shall prescribe: Provided, however, That the provisions of carrying certain articles to belligerents that he might desig this section shall not apply to a citizen of the United States traveling on a vessel whose voyage was begun in advance of the nate from time to time by proclamation. date of the President's proclamation, and who had no oppor Another provision required American citizens exporting tunity to discontinue his voyage after that date: And provided goods to belligerents to transfer the title to such goods to further, That they shall not apply under ninety days after the date of the President's proclamation to a citizen of the United sm:he foreigner before the goods were shipped upon a vessel States returning from a foreign state to the United States. When A third provision was to prohibit the arming of our mer ever, in the President's judgment, the conditions which have chant vessels engaged in commerce with belligerents. caused him to issue his proclamation have ceased to exist, he A further provision made it unlawful for citizens of the shall revoke his proclamation and the provisions of this section shall thereupon cease to apply with respect to the state or states United States to travel on belligerent vessels. named in such proclamation, except with respect to offeD®S com That joint resolution was adopted by the Senate and sent mitted prior to such revocation. to the House of Representatives. Subsequent to the publi " 'ARMING OF AMERICAN MERCHANT VESSELS PROH1BITED cation of this joint resolution in the RECORD, in the form of "'SEc. 10. Whenever the President shall have issued a procla a comparative print, the chairman of the Foreign Affairs mation under the authority of section 1, it shall thereafter be unlawful, until such proclamation is revoked, for any American Committee of the House of Representatives introduced a vessel engaged in commerce with any belligerent state, or any similar measure in the other body. In the House joint state wherein civil strife exists, named in such proclamation, to be resolution, however. no provision whatever was made to armed or to carry any armament, arms, ammunition, or imple ments of war, except small arms and ammunition therefor which prevent the arming of our merchant vessels engaged in com the President may deem necessary and shall publicly designate for merce with belligerents, nor did the House joint resolution the preservation of discipline aboard such vessels. change the existing law with regard to American citizens "'REGULATIONS traveling on belligerent vessels. "'SEc. 11. The President may, from time to time, promulgate As to the provision authorizing the President to prohibit such rules and regulations, not inconsistent witl;\ law, as may be necessary and proper to carry out any of the provisions of this American vessels carrying certain articles in addition to Act; and he may exercise any power or authority conferred on him arms, ammunition, and implements of war to belligerents, by this Act through such officer or otficers, or agency or agencies, an amendment was placed in the House measure requ,iring as he shall direct. the President, before the provision could go into effect, to "'GENERAL PENALTY PROVISION " 'SEC. 12. In every case of the violation of any of the provisions issue a proclamation stating that there was cause to re of this Act or of any rule or regulation issued pursuant thereto strain American vessels from carrying certain goods. That where a specific penalty is not herein provided, such violator or change was really no change because it was not mandatory violators, upon conviction, shall be fined not more than $10,000, on the President to prohibit American vessels from carry or imprisoned not more than five years, or both. ing anything, and, of course, a proclamation was essential "'DEFINITIONS if he desired to describe any goods that American vessels "'SEc. 13. For the purposes of this Act- .. • (a) The term "United States" when used in a geographical should not carry. However, we yielded to allow provision sense, includes the several States and Territories, the insular pos to be made for what we call a second proclamation. sessions of the United. States (including the Philippine Islands), There is quite a change, however, in the provision which the Canal Zone, and the District of Columbia. "'(b) The term "person" includes a partnership, company, asso requires the transfer from American citizens of title to ciation, or corpo111ot1on, as well as a natural person. goods intended for expodl to a belligerent. 3940 CONGRESSIONAL _RECORD-SENATE APRIL 29 In the joint resolution as passed by the Senate it was lives of our citizens, while discretionary, it is nevertheless provided that whenever the President had issued his proc quite morally mandatory upon him to issue such a proclama lamation stating that certain countries were at war or that tion. a state of civil war or civil strife existed in a country, then A change was made in the financial clause of the existing automatically and immediately the section went into effect law. The House added the necessary clauses to take in requiring the transfer of the title of any exports to any belligerent states, because we have a general provision now of the belligerents named in the proclamation or to a coun with rega~d to belligerent states. The House added to try wherein civil strife was proclaimed to exist. what the Senate had already provided by also prohibiting, The House changed that provision by requiring the Pres we will say, loans or the sale of bonds on behalf of any ident to make a separate proclamation stating that, in his faction in a state where civil strife existed. There was com opinion, it was necessary, for the protection of the lives plaint that it applied, we will say, only to the loyalist gov and property of our citizens and the neutrality of our ernment of Spain and did not apply to the nationalist gov country, to put that section into force and effect, and when ernment of Spain. Therefore the House inserted the word such proclamation was issued then the section as passed "faction." We then added another phrase, "asserted gov by the Senate would be in force and effect. There is no ernment." We do not recognize any de-facto government discretion allowed as to any exceptions in favor of any in Spain, but we know there is an asserted government there. country. There is no discretion allowed as to picking out Another clause was found in the House text which read: certain goods that shall come under the prohibition. It Nothing in this subsection shall be construed to prohibit the applies, as it did under the Senate provision, to all goods solicitation of and collection of funds to be used for medical aid that may be exported to any belligerent. and assistance, or for food and clothing to relieve human suffer ing, when such solicitation or collection of funds is made on behalf There are certain other changes. It will be remembered of and for use by any person or organization which is not acting that in the debate on the bill Senators living on the Great for or on behalf of any such government, political subdivision, Lakes expressed fear that the section with regard to the faction, or asserted government, but all such solicitations and col· lections of funds shall be subject to the approval of the President restraint of American vessels and the section with regard and shall be made under such rules and regulations as he shall to restraint of the export of goods until title was trans prescribe. ferred might interfere seriously with trade between the The latter part of the paragraph, requiring such solicita United States and Canada. The House attempted to over tions and collections to be subject to the approval of the come that objection by using the word "overseas." There President and under such rules and regulations as he may being no definition that we knew of for the word "over prescribe, was suggested by the conferees on the part of seas" the eonferees agreed on the following language, which the Senate. The reason for the suggestion was that, while was suggested by the Senate: _- there is no desire or intention whatsoever to interfere with whenever the President shall have issued a proclamation under any collections or the use of such collections, as stated in the authority of section 1 of this act and he shall thereafter find that the placing of restrictions on the shipment of certain articles the section, by legitimate charitable institutions or by or materials in addition to arms, ammunition, and implements of legitimate well-known institutions that desire to carry on war from the United States to belligerent states, or to a state this humane work, such as the Red Cross, the Jewish asso wherein civil strife exists, is necessary to promote the security or preserve the peace of the United States or to protect the lives of ciations, the various churches, the Salvation Army, and so citizens of the United States, he shall so proclaim, and it shall forth, yet we happen to know it to be a fact that there are thereafter be unlawful- groups in this country who are not particularly interested Here is the la~age written in by the conference com in rescue work for the civil population, but who would give mittee- every cent of money collected to the military forces of one except under such limitations and exceptions as the President side or the other engaged in the conflict. Both sides are may prescribe as to lakes, rivers, and inland waters bordering on the represented in this manner in this country. Such groups United States, and as to transportation on or over land bordering would pretend to comply with the law, but would not as a. on the United States. matter of fact do so. Mr. BORAH. Mr. President- There are still others who are attempting to collect funds MI. PITTMAN. I yield to the Senator from Idaho. in the United States under the pretense that it is for Mr. BORAH. The portion which the Senate suggested humane work in Spain, but who are only collecting money related to the lakes, rivers, and inland waterways bordering to put in their own pockets and not to be reported or used on the United States. The other portion was suggested by for such humane purposes at all. Therefore, the managers the House. on behalf of the Senate felt that it was wise and necessary Mr. PITI'MAN. The House suggested the words,.. "on or to control to a certain extent such collections in this over lands bordering on the United States", which were not country, and that, therefore, those desiring to engage in objectionable at all to the conferees on the part of the Senate. such collections and to use such moneys· should represent We find the same exception in paragraph (b) with regard to the facts to the President of the United States, who, of the transfer of title from an American citizen before the course, would give them a certificate of authority, if they goods may be transported to a belligerent; that is, the Presi came within the law. So that provision was placed in the dent may place the section in force and effect, but he may joint resolution. · make an exception in favor of transportation across rivers, We have also placed armed merchant vessels under the lakes, and inland waterways bordering on the United States, restrictions of the present act; that is, they may enter our and transportation on or over land bordering on the United ports only under such rules and restrictions as the President States. · may prescribe. The PRESIDING OFFICER. Does the Senator from Ne I think, in substance, I have mentioned the only changes vada yield to the Senator from Michiga:p? which have been made in the joint resolution as it passed Mr. PITTMAN. Certainly. the Senate. If anything has escaped my attention. other Mr. VANDENBERG. I am anxious to be sure that I members of the conference committee will call my atten· understand precisely the Senator's explanation of what has tion to it or call the attention of the Senate to it. happened to the so-called cash-and-carry section. Am I to I wish to say that I personally hold the same views that understand that it is entirely within the Presidential dis I held when I spoke with regard to this matter on the floor cretion as to whether the so-called cash-and-carry formula of the Senate. shall be applied, but that if applied he must apply it to I should have liked very much to see our citizens divested everything and everyone; that he has no discretion as to any of any title to property moving from our shores to a bel selection? ligerent during time of war. I know that the whole his Mr. PITI'MAN. That is correct. I may say that from tory of naval warfare proves beyond a doubt that when the my own viewpoint, in the form in which the paragraph is property of a citizen is destroyed a controversy immediately written, if the President feels that exports are in danger arises as to whether it was legally or illegally destroyed of destruction illegally or in any manner that would threaten under international law. Those who destroyed it always our neutrality or the peace of our country or endanger the contend that the destruction was legal, and those who own 1937 ' ~CONGRESSIONAL RECORD-SENATE 3941 it always contend that the destruction was illegal; and lawful for any citizen of the United States to travel on any ves sel of the State or States named in such proclamation, except in sometimes the controversy becomes so heated that it affects accordance with such :fules and regulations as the President shall the sentiment of all the people of the country, and eventu prescribe. ally affects the political officers of the country. I have such We may assume, I take it, that an emergency might arise a high regard for the judgment and opinion of those who which the President would recognize; but there is nothing differ from me in that matter that I could not feel that I in the language of the conference report which I think could long set up my judgment against theirs. They state would carry the implication that an emergency of the char that if the President has discretion whether or not to put acter the Senator suggests would have to arise. Why is such this provision into effect, undoubtedly there will be cases latitude given that the President himself could authorize where it will be totally unnecessary, as in the event of a the free and untrammeled travel of American citizens on small war, for instance, between countries that have no belligerent vessels if he should elect to do so? navies at all; but that in any event the President will be Mr. PITTMAN. The language is exactly the same as the ·morally bound, as he is now morally bound, to declare a language of the existing law, except that there it is said state of war to exist if it actually does exist; and that that their travel is at their own risk. Here it is stated that right which we had to grant to him or some other agency their travel is unlawful. Is there not a distinction in the with regard to arms, ammunition, and implements of war mind of the Senator from Washington as to what is meant in the act we passed in 1935, we should grant with regard by "unlawful" when the nature of an act is changed, and to this section. Whereas he may never issue a proclamation it is maqe unlawful? When a statute provides that some declaring that war exists between any countries, he is thing is unlawful, particularly as an amendment to a sec- ··,:r~. morally bound to issue such a proclamation if it is a gen tion in which it was not made unlawful, 1 cannot conceive erally known fact that war does exist between .such coun that it can be imagined that that will not have suc:Q. an tries. And I feel that when he finds that such a war ex effect on the mind of any honorable man that he will depart ists he is morally bound to place in force and effect this from the ·prescribed course only where emergent circum section with regard to the divestment of title, because if be . stances require it; and I can conceive that they would finds that there is danger, threat to our neutrality and the require it often. · lives and peace of our citizens, he is required to do so. :Mr. BONE. Oh, yes. Will the Senator yield? The same thing is true with regard to restrictions on our Mr. PITI'MAN. Yes. . . merchant vessels engaged in commerce with belligerents. Mr. BONE. ' I shoUld agree with the Senator's conclu That section was never mandatory, because it only provided · sions if they were supported by the text; but, while it is the the President might put restraints upon the shipment of true that the text makes traveling on a belligerent vessel certain goods in addition to arms, ammunition, and imple unlawful, there is an exception in the text which says, ments . of war if he thought the shipment of such goods· "imder such conditions as the President may prescribe." threatened the lives of our citizens or the peace of our What interests me is not the fact that traveling on a bel country. It really was enacted only for the purpose of pre ligerent vessel is unlawful, but the thing that is challenging, venting our ships from going into such a war zone as the and the thing which I think will attract the attention of Germans established in 1917, covering practically all the everyone interested in this phase of the law, if it becomes neutral ports of Europe, while announcing to us that they a law, is that the President has in his hands the power to · intended to sink every vessel · which came into that zone permit unlimited travel on belligerent vessels if he elects without regard to its nationality, without regard to whether to grant that power to American citizens. The travel is it was the vessel of a belligerent or of a neutral. unlawful only if the President says it is unlawful. It is In the event of another war, we having provided that our not unlawful ipso facto. merchant vessels shall not be armed while engaged in com Mr. PITI'MAN. I do not agree with the Setmtor. merce with belligerents, and that notice shall be given to all Mr. BONE. Let me read the language again at this point. belligerents that our ships are ordered to stop and yield Mr. PI'ITMAN. When the language is changed, as we peacefully to visit and search, and our ships being identified have changed it, from "at his own risk" to "unlawful", I not by a fiag, which may be misused, but by markings on think the whole intent of it is that which the Senator and I the side of each of our vessels as it leaves port. I believe would have in this matter. We voted this provision through that no submarine will ever again sink an American ship in the Senate. It has not been changed. We voted fot it in the such circumstances. If that be the case, there would be no Senate; and we voted for it, after discussion, because we necessity for restraining our ships from carrying anything realized that our citizens might be in places, such as a war they wanted to carry. There might be a loss of goods, but zone, from which they could not possibly escape without there would not be a loss of human life as a result of the getting on a belligerent ship. Some of our Army officers · sinking of our merchant vessels by submerged submarines might want- to get out of certain places and might be unable without notice, and without making any preparation for to do so without taking a belligerent ship. saving the lives of the seamen. Mr. BONE. Yes; that pro.vision ·is there. · That condition I do not think we should in any circumstances make pro is met by subsequent provisions in this section, giving such hibition of the traveling of our citizens on belligerent ships persons time to make a return trip to America; but- this is a ruscretionary, and it is not discretionary now; it is manda blanket provision allowing iawful travel on belligerent ves- tory.· .Jn all the history of the last war with regard to· our sels under conditions-prescribed by the President. · - · citizens who were destroyed on belligerent veas1tls; not a I desire to say to the Senator that I understand his view- - single excuse can be found for their being there. In most point. He has expressed it very clearly. He believes in· the cases they were curiosity seekers. We deplore the loss ot discretionary policy outlined in this joint resolution. I am their lives; but while perhaps they had a right to sacrifice not criticizing his viewpoint. their own lives foolishly, it was the sacrifice \of their lives Mr. PITI'MAN. I do not believe in the policy outlined in · which did more than anything else to drag us into that war. this joint resolution. I believe in all the policies outlined in So it is made unlawful for American citizens to travel on this section. We are talking about a section for which the belligerent vessels except in emergency situations, in which Senator voted in its present words. case the President may make an exception. Mr. BONE. I voted for it because there was not any Mr. BONE. Mr; President, will the Senator yield? · alternative we could make the Senate adopt. Mr. PITI'MAN. I yield to the SeJJator from Washington. Mr. PITTMAN. The Senator offered no amendment to Mr. BONE. I was about to ask the Senator regarding that this section. particular point. I do not observe any reference to emer Mr. BONE. The Munitions Committee of the Senate has gencies. The Senator has referred to that subject, and I had a measure pending here all the time. am rather curious about the provision. It appears in sec Mr. PITTMAN. I have the highest admiration for the tion 9 of the conference report: Senator from Washington, but I do not think he ought . to Whenever the President shall have issued a proclamation under become supertechnical over something for which we all the authority of section 1 of this act it shall thereafter be un- voted. I 3942 CONGRESSIONAL RECORD-SENATE APRIL 29 Mr. BONE. I do not think I am becoming supertecbnical Mr. JOHNSON of California. And the conferees of the at all. I am merely reading the language of · the joint Senate accepted the discretionary provision? resolution: Mr. PITI'MAN. That is correct. Whenever the President shall have issued a proclamation • • • Mr. JOHNSON of California. Has the Senator concluded? thereafter it shall be unlawful for any citizen of the United Mr. PITI'MAN. Just a word further, and I shall be States to travel on any vessel • • • except • • • in ac through. I have said all I desire to say about the provisions cordance with such rules and regulations as the President shall prescribe. of the joint resolution. My personal views in regard to the proposed legislation That is too plain for cavil or dispute. There is a further have been expressed on the floor of the Senate on a num provision that it shall not apply until 90 days after the date ber of occasions. I have expressed the idea that I yielded of the President's proclamation to a citizen returning from in conference because I felt it was necessary to do so, in the a foreign state to the United States. There is the excep first place, in order to obtain any legislation. tion, which is ample in itself. I also felt that I could not question the judgment for any Mr. PITTMAN. Suppose it were 120 days, and a citizen long period of time of men with whom I was serving, men were on the coast of a country in which he was about to for whom I have so high regard. But we did work on this be burned up, and there was no dther way of leaving but on matter for 3 or 4 weeks, off and on. There was intense a belligerent vessel. Would the Senator let him come out effort to reach an agreement. Only a few days ago it on a belligerent vessel or be burned up? looked as though no agreement of any kind was possible. Mr. BONE. I do not think the illustration is apt. But I feel that we have accomplished all that could be Mr. ROBINSON. Mr. President, will the Senator from accomplished. I feel that in preserving, as we did, the pro Nevada yield? vision with regard to our citizens traveling on belligerent Mr. PITTMAN. I yield. vessels, and with regard to the arming of our ships, if we Mr. ROBINSON. There might be and probably .would be had nothing else, that would remove one of the chief causes some other instances, at least a few, in which it would be de which drag neutral countries into war. sirable and necessary to permit travel on a belligerent vessel I have confidence that the President will put into force for the reason that there might exist no other vessel on and effect these provisions if it appears necessary. I would which to travel. For instance, take the case of a newspaper rather have had section 2 mandatory; but I have no com man who was sent by his newspaper to report the proceed plaint to make against any member of the conference. ings within a war territory, going to a port at which neutral All the conferees were sincere and worked sincerely. I vessels did not call. The President could make an exception therefore heartily accept the conference report. in the case ·of such person; and there are numerous other Mr. JOHNSON of California. Mr. President, I wish, in instances in which a situation might arise in which it would the few minutes I shall take, to reiterate the views I ex be desirable to make an exception. pressed when the neutrality r.esolution was before the Sen Mr. BONE. Mr. President, if I may intrude just once ate. I believe the measure is a response to an emotional more, I raise this point because we are all familiar with urge in this country, and that it will not do what it purports the fact that in the last war one of the most provocative to do. factors in the whole picture was the death of Americans I wish to say, as well, that I would not confer upon any traveling on ships of belligerent nations who went down to one man such unlimited power as the resolution seeks to watery graves. I think it is important, whether we agree give to the President, although I grant it may not give it. or disagree with this proposal, that we and the country I take it that it would enable him to declare war, practi thoroughly understand the pro'visions of the measure before cally, or it gives to him, as we term it, the sword in case of us. I thinkJt is our duty to make them very plain. I am war. I would not add that to the many powers the President not indulging any desire to dispute with the Senator in re possesses. spect to any provision of the joint resolution, but I merely This morning there appeared an editorial in the Baltimore desire to have this matter very clear, so that when we get Sun entitled "Harmless Neutrality", and I read from it: through with it the country will understand it. With all the talk of rushing the compromise neutrality bill I have received a vast amount of mail about the action through both Houses and sending it by airplane to the Gulf of the Senate and the House will take on the neutrality reso Mexico for the President's signature, the untutored observer of I neutrality measures might conclude that the issue of our partici lution, and think every other· Member of this body has re pation in war was in the balance and that the one hope of staying ceived a large amount of mail. It is one of the most impor out rested in this bill. Actually, the bill as apparently agreed tant pieces of legislation we can pass upon during the upon will probably have little effect upon our entry into war, session. although it may cause considerable confusion in the calculations of other countries. American neutrality policy has already stimu Mr. JOHNSON of California. Mr. President, will the lated some of the forward buying of raw materials, which partly Senator from Nevada yield?. explains the late boom in speculative prices in these commodities. Mr. PITrMAN. I yield. The bill as reportedly agreed upon is a victory for the McReyn olds version of neutrality. The tliscretion allowed the President Mr. JOHNSON of California. I have asked the Senator to in proclaiming regulations under the cash-and-carry clause is yield in order to request him to explain the difference be retained. The mandatory embargo upon arms and ammunition tween the cash-and-carry provision in the House measure will cover only "primary" war materials and not raw materials, as adopted by the conferees, and the provision in the joint which, of course, constitute the war trade of most value to Ameri can exporters. The ban upon raising funds for factions or "as resolution passed by the Senate. serted govere.ments" is retained, so that, although it would be Mr. PITI'MAN. Under section 1 of the Senate joint reso legal to sell Hitler any amount of copper, wheat, and steel, it will lution, the very minute the President issued a proclamation be strictly against the law to take up a collection for the Spanish loyalists. In other words, the neutrality law will permit us to that certain countries were engaged in war, without further eat our cake and have it, too. notice it would be unlawful for an American citizen to export goods to any belligerent country until he had first sold the I am not clear that that is a correct statement. In the goods to someone not a citizen of the United States. The opinion of the Senator from· Nevada, does that correctly House measure would not have the act go into effect auto state the proposition? matically upon the President's declaration that a state of Mr. PITTMAN. In the opinion of the Senator from war existed between certain countries, but it would vest him Nevada, it is a compilation of a great many words which with the authority to put it into force and effect by a sepa constitute merely contradictory and absurd expressions. rate proclamation if and when he believed it was essential Mr. JOHNSON of California. Is the resolution capable to the protection of life and peace and neutrality. of such a construction? Mr. JOHNSON of California. That is, it is the difference Mr. PITTMAN. Certainly not. The gentleman who between a mandatory provision and a discretionary pro wrote that evidently never read the resolution. vision? Mr. JOHNSON of California. I am glad to hear that, be Mr. PITI'MAN. I sh~uld think th~t would ~ a correct cause perhaps the Senator from Nevada has the same opin- defimtion. · ion of this editor that I have of some others.. · 1937 .CONGRESSIONAL RECORD-SENATE 3943 Mr. PITTMAN. I have a very high personal regard for degree the neutrality decision is a war decision, this report the man from whom the Senator is reading, but I have invites us to declare war by Executive decree. never known him to be accurate or consistent. Mr. President, I am opposed to declarations of war Mr. JOHNSON of California. I am reading from the Bal directly or indirectly by Executive decree in a democracy. timore Sun. What was the concluding clause of the Sena The field of exportable commodities, other than arms, am tor's comment? munition, and implements of war, which are now trans Mr. PITTMAN. I have never known him to be accurate ferred from the mandatory to the discretionary zone as or consistent. the result of the Senate yielding to the House upon this Mr. JOHNSON of California. The editor? proposition, touches the field of greatest controversy and Mr. PITTMAN. The one from whom the Senator is the field of greatest friction; yet in this field the decision reading. now goes to the White House and leaves the Congress W.!I. JOHNSON of California. We thought he was very behind. consistent when he was with us last year in the fight. The Mr. President, it is my conviction-and I must state it editorial concludes: again-that the only safe and practical neutrality rules are As between this kind of neutrality law and the mandatory type those which are written in advance of the necessity for preferred, until this surrender, by the Senate, it is probable that their application. If neutrality decisions are postponed to the McReynolds variety would do less harm, if neutrality bills are the fatal hour when their application is immediately re still remembered when and if a crisis involving a decision as to involvement in war arises. The important thing to bear in mind 1s quired, they will inevitably be construed in the light of that neutrality bills are not to be too confidently relied on in time their effect upon the immediate situation to which they of danger. Aside from all questions of partisanship and sense of attach. This promptly precipitates two unavoidable outrage, which certainly have something to do with the matter, the choice with which we would be confronted is to sell to the hazards: belligerents and risk involvement, or to refuse to sell and take the First, no matter how impartial the decision may be in disastrous consequences. Whatever our final decision as t o the tended by us to be, it is bound in physical fact to hurt one first alt ernative, it is plain that Congress does not intend even to belligerent more than the other, and the belligerent which take a remote chance on the latter. gets the worst of it will consider the decision to be un I do not care for that editorial one way or the other. \Ve neutral, and the trail of resentment, if not of reprisal, are here engaged in solemnly writing a neutrality law. We starts. have held out to the people of the country-and God knows · Second, no matter how courageous a President may be in they have a hope that we will do something which will pre his purpose to reject selfish commercial considerations in vent war in the future-that we shall, by this action of ours, established neutrality quarantines for us against other peo prevent future wars. I do not think this joint resolution ple's wars, if his neutrality decisions are discretionary, and goes within gunshot distance of what ultimately may happen if they are not made until wars are under· way, it will be if war occurs. I believe we ought not to put this country in next to impossible for him to interrupt a profitable war a strait jacket as to its conduct in the future. There is commerce when once it has started. That comment applies no nation on earth today-not one-that has in force within specifically to the conference report as it now· relates to its borders leg:Wation such as proposed by this measure. If our exportable business in commodities other than arms, we start putting ourselves in a position from which we may ammunition, and implements of war. not be able to extricate ourselves in the future, there may If our neutrality formula is mandatory-so far as humanly come a time when war will catch us in a peculiarly invidious possible to foresee the needs-and if it is written in advance position. of the need for its application, it can deal with the subject Mr. LEWIS obtained the :floor. objectively. It can be free, on the one hand, from the Mr. VANDENBERG. Mr. President-- prejudicial involvements which arise under the first hazard The PRESIDING OFFICER. Does the Senator from to which I have referred. It can be free, on the other hand, Dlinois yield to the Senator from Michigan? from the commercial influences which arise under the second Mr. LEWIS. I yield to the Senator from Michigan, and hazard to which I have referred. But it can be free in no shall speak when he has concluded. other way. It 'can be objective in no other way. It can be Mr. VANDENBERG. Mr. President, I desire to speak neutral in no other way. It can be pacific in no other way. very briefly on the conference report. It is precisely like the rules in any other game. They can ·As the. neutTality resolution passed the Senate, it seemed not be written or changed after the game begins if they are to me it went to the extreme border -Of Executive discre to preserve an atmosphere of accepted fair play and im tion which could be tolerated. As it comes back from the partiality. conference, so far as I am concerned it has crossed the Therefore, as a fundamental proposition, still believing limits of toleration in that respect. in the impossibility of a wide, large delegation of congres It seems to me, Mr. President, that the neutrality reso sional authority to the Executive in resped to these deci lution-in the form in which we now confront it-transfers sions, and still feeling that the important thing is to estab a substantial portion of the war-making power from t.he lish the rules of the game in advance, so that all the world Congress to the Chief Executive. Without the slightest is upon notice in respect to them before the necessity for thought of reflecting upon the wisdom or the patriotism their application .arises, I find myself keenly disappointed by or the peace-mindedness of any President, present or fu the conference report. ture, I am bound to assert my belief that this is a long step I desire to say in that connection, however, that I think in the wrong direction. The most significant and control the joint resolution as it stands, on the basis of the confer ling of all war decisions are not those that are made in the ence report, produces many superbly progressive advance ultimate, formal act of a declaration of war. The most ments in respect to war quarantine and isolation; but inas significant and controlling decisions, so far as our relation much as there is, in spite of this May 1 deadlin~ no press ships to other people's wars are concerned, are the pre ing need for action, inasmuch as there is no immediate crisis liminary decisions which mold our initial attitudes toward breaking upon the horizon, and inasmuch as we might well, other people's wars. The kind of neutrality we institute at least, take as much longer to consider the matter as it will may well be the controlling factor in determining our ulti take the President to return to Washington, it seems to me mate destiny and our ultimate involvement in war itself. that the conference report might well be rejected and an To a considerable extent this was true in 1914-17. It other effort made to bring the measure back at least a little is still more true today. In other words, the real war de closer to the theory upon which the Senate originally cision, so far as we are concerned, is actually made when passed it. we choose our neutrality formula. Under this resolution, Mr. LEWIS. Mr. President, it will be recalled by those Congress still keeps its constitutional right and responsi who revive the memory of the 1935 measure that at that bility to declare war, but as the conference report is writ time I possibly represented an extreme viewpoint; indeed. to ten, Congress delegates controlling responsibilities over such a degree that· when the able leader on this side had neutrality to the Chief ~ecutive. Therefore, in whatever . occasion to announce a decision of the Committee on 3944 .CONGR~SSIONAL RE _CORD-S~NAT~ APRIL 29 Foreign RelatiollSy I was compelled to seek from him the would take from our merchants their right of commerce, announcement that I had voted in the committee adversely. from our manufacturers the privilege of their enterprise and Mr. President, there are now the same differences that rob us of equal rights before the world. I would, sir, leave then prevailed. There is on the part of the honorable Mem open these matters to such complaint from time to time as bers of this body, and I dare say of the other body in Con our honorable citizens, a peace-loving people, may from gress, as possibly among the merchant class of our people, time to time wish to submit to the President, and I would a decided distinction between those who feel that we should leave the authority in that office to prescribe by regulation pass a measure which defines our specific duty and also, sir, what may or may not be sold; under what conditions such our obligation in matters of dealing with countries at war, may be transported; what may or may not be shipped, and and those others who, as myself, feel that since we have the conditions under which shipment may be enjoyed or created under our theory of government the office _of Presi prevented; how and when travel may be indulged; and that, dent, and have empowered the President of the United sir, more or less limited and controlled by the circumstances States as Commander in Chief of the Army and the Navy which may prevail at the time the travel is sought. to provide for the protection and the defense of our coun I now close this with this observation: SUppose the hon try, to that office and its authority should be committed a orable proponents, in their splendid indulgence of a most discretion when and where to exercise either restrictions Christian and noble effort, should succeed in writing a law on the one hand, or, sir, extensions and latitudes on the setting forth specifically what circumstances should apply other. to us and the details and definitions as to where we should The able Senator from :Michigan [Mr. VANDENBERG] makes not sell, how we should not travel, what we should not do, a point that is generally indulged_throughout the country, · touching situations as they now prevail at the time and in that something should be expressed prior to any difficulties the atmosphere under which they write their prescriptions in which the country may find itself, so that all may under and then, sir, following thereafter a foreign country took a stand the position our country occupies on policies of neu different course than existed when we legislated and pro trality. Such is oftentimes asserted by very eminent sources ceeded to supply where we were denied and proceeded to in addition to the able Senators on the other side of this take action which would be injurious to us measured by the question, some of whom will be heard today, and nearly all very law we had passed; and then, sir, such a condition of whom have been heard on this floor from time to time. should arise that to execute our act of Colloaress would be But, sii, I make the point, in justification of my own po to our destruction and to the benefit of other nations, com sition, that I feel in dealing-with a foreign country in cases mercially and industrially, and would rob us of our privi where the question arises as to what shall be done from leges; where, then, would be the remedy? Should we wait time to time it is necessary to determine it on the basis until the Congress were called, if it were not then in ses of what the foreign country is doing from time to time, and sion, or, if it should be in session, should we wait for the there can be only one source which we can trust wholly, framing of another act modifying and changing the terms because of the system under which we operate under our of the existing law, wait for the length of time necessary to laws and theory of government. That source is to the discuss, debate, agitate, thus consuming, sir, hours and days Commander in Chief of our forces of defense. before decision, and repeating the folly we have heretofore Mr. President, this country is not neutral. It is well for indulged? What would be the end of it? us to speak of our neutrality and it is a pleasing poetic The end would be that we would allow ourselves to endure sentiment. In the olden days the theory of neutrality was injury and loss, not with such intent, but because we would that we were neither one thing nor the other; that we have placed ourselves in such condition that we would be were "hands off"; but in the present day, sir, this country unable to repair the wrong we had iilfiicted upon our own cannot be neutral in feeling. If there is a controversy in body. On the other hand, if the other rule should prevail, foreign lands which involves human liberty and natural that the President, as Commander in Chief, should be privi justice and natural rights as between mankind, essentially leged by regulations from time to time to prescribe the course the United States at once becomes interested. Far from of our conduct as to nations at war, there would then be being neutral, she becomes essentially active in mind and within his power the right to make immediate changes by thought and takes her position in sympathy with one or new regulation or modification, which would remove our em the other. All that can be done is that we restrain our barrassment and our obstruction, and revive, if you please, selves from action carrying out, if you please, sir, or exe our privileges and opportunities. We could preserve the cuting our feelings upon the subject. Next, and more im equality in the indulgence of our rights between ourselves portant, is that we do not disguise to the public our feelings. and foreign nations. Furthermore, sir, we must cease being neutral as against It is because I feel that such discretion, so vested and exer the rights of America. In this respect we have been neutral cised, is the only way we can reach the result we seek with too long. We seem to have remained neutral as to the fairness to our own people that I advocate a much larger rights of our own country but active in preserving the degree of discretion than the joint resolution now carries. I rights or the claims of other countries. We too often have support the joint resolution in its present form only because been perfectly neutral regardless of the effect on the United it is nearer to the theory I have suggested than anything States of giving up its rights before the world. Also other else we have an opportunity of voting upon. countries owing to us obligations remain neutral as to the Now, I ask my able friends if they do not realize that if performance of their duties toward us. the President should exercise the discretion, working a result Mr. President, I respectfully insist, as I previously have that some of us fear or feel is possible, and his action did asserted on this floor, that we cannot now put into any law not meet with our approval, if Congress were in session it specific declarations of what we will do under each arising could promptly have a supervision of the whole subject and circumstance, as we cannot tell until the circumstance arises repeal the action of the President-veto, overthrow it-and what action it would call for-that the attitude of this at once, sir, it would become ineffective. If the Congress Nation be left in the charge and discretion of those to were not in session, and the President should exercise obnox whom there has been committed such control. I would, ious privileges, an expression on the part of the representa therefore, while conflicts are on between other nations of tives of the people of the country could be had, at once mak the world, place the privilege in the hands of the President ing known our viewpoint. It cannot be conceived that any to assert by regulation the course of conduct of the United President or any political party in America would assume, States from time to time as conditions in other lands and sir, to go counter to the interest of his own country for the the essential protection of ourselves may require. gratification of a venal desire to bring about a declaration of I am opposed to any theory being written into the law, war and the destruction of mankind; it cannot be assumed to use one of my previous expressions-and I adopt it that the President of the United States, in his natural anxiety again-that would place this country in a commercial to preserve peace and to hold for hiS own people their privi strait jacket; a policy legislated that would deprive our leges of liberty and justice, would take any other course by citizens of the opportunity of trade with other nations; that his regulation than that which is to benefit his country. 1937 CONGRESSIONAL RECORD-SENATE 3945 While it may be said that there might be instances where be rules which would be helpful in case we should be con would go to such an extreme as would work injustice and · fronted with the danger of being drawn into war, would might be directly opposed to what we would put upon a for have little sympathy with the argument which is being eign country or upon ourselves; such, sir, could only be inti attempted. mated, when, the condition being disclosed as to the results But, Mr. President, the people of the country, while of the action taken, it would promptly be repealed by those willing to make sacrifices to maintain the¢ own peace, in authority. ought not to be expected to abandon all their rights to Mr. President, these being my views, I do not wish any abandon their well-recognized and established interests.' It conduct of mine to indicate I have withdrawn the previous is not believed by those of us who agreed to the confer objections I urged. I am one of those who are thoroughly ence report that, fairly considered as a whole, tl;le agree convinced that our country, in its great desire for peace ment which we are now discussing is contemplated to cause and in the splendid exhibition of its admirable quality of humiliating or unnecessary sacrifices on the _part of the ~umanity and Christianity, may forget at times that there American people. is something American to be protected. We overlook the In spite of the fact that we may hear from afar the rights of our own Nation; we sit silently and accept the thunder of armed confiict and the groans of the wounded doctrines of those who demand peace and adopt theories and the dying, we are hopeful that our national life may they may present, from their point of view,_of insuring peace, go onward and upward. In order to assure that we pro which imply that America shall do nothing, either to pre pose under the joint resolution, where it is not dangerous serve the rights of her people or to preserve the defenses to the welfare and the interests, the peace and the security of the Nation. I cannot adopt this view; I cannot subscribe of the people of this country, to carry on our normal activi to it; I cannot possibly give it my approval. I feel this ties to the fullest extent possible in spite of the fact that country is disposed too much to ignore the rights of its others may be engaged in conflict. people. In order to prove that we are peaceful, we accept We propose that with a single exception. As an important and suffer the wrongs from other people. The time has c9ncession we abandon the right to make money out of arms, come, from my point of view, for us again to assert to the ammunition, and implements of war by exporting them to world, "Tilis is America; we will wrong no nation, but we belligerents. will allow no nation purposely to wrong us." Sirs, we will We virtually terminate that commerce; but as to other proceed to perform our duties as a business nation; we will commerce essential to the happiness and the prosperity of sell our merchandise; we will conduct our· transportation: we our own people, both in times of universal peace and in will proceed with all our industry to the profit. and pros times when other peoples are at war, we propose to carry perity of Americans along the lines of complete peace, if it on in a fair method, in a way that cannot or should not possible, and of justice at all times; but, above ~ else, sir, be objectionable to belligerents, and in a method that will for the presenation of America. require the least sacrifice upon the part of our own people. Mr. ROBINSON. 1\.fr. President, inasmuch as it was m.v It has been said that too much authority is granted to the privilege to serve as one of the conferees, the statement is President. Whatever. may be said as to other legislation, prompted, and apparently appropriate at this time, that . in this proposed legislation that does not appear to be true. every provision in the joint resolution is intended to put the Mr. CONNALLY. Mr. President, will the Senator yield? · United States in a better position to maintain peace for our Mr. ROBINSON. I yield. people in the event of war between foreign nations. It Mr. CONNALLY. - Is not the condition just the reverse? seems to me that fundamental thought has been overlooked Under the Constitution, the President is given very wide by some who, while sincerely criticizing certain features of powers to deal with international matters; and whatever the conference report, have not pointed out just what more we do is to a certain extent an infringement on his discre might be done than is proposed in the joint resolution. tion and on his constitutional function. I know, we all know, that there are divergent opinions Mr. ROBINSON. The Senator from Texas has with reflected in this body by its various Members on all impor almost complete accuracy anticipated the next statement I tant questions. The Senator from California [Mr. JoHN intended to make. soN], impliedly as a criticism of the proposed legislation, Under our Constitution and under our practice from the said that it is the result or product of an emotional urge in beginning of the Government, the. Executive, and not the favor of peace. Undoubtedly, the sentiment in this Nation legislative, conducts our foreign relations; and the carry.: is in support of everything that fairly and honorably can be ing on of foreign relations is intimately associated with the done to enable our Government to preserve amicable rela problems involved in this legislation. We all know that as · tions with other governments. Commander in Chief of the Army and NavY and as Chief · I doubt if there is a father in all this broad country, cer Executive, a President, if he is disposed to do so, may at tainly there is no mother, who is not anxious that both the times contribute to the endangerment of the peace of the legislative and the executive departments of the Government country. In the performance of his duties in carrying on shall do everything possible and reasonable to prevent our the foreign relations of the country, he may so conduct them country and our people from being drawn into future con as to cause anger and resentment on the part of other gov fiicts between foreign nations. They know the cost, they ernments and thus in a measure jeopardize the peace of know the sorrow and the suffering, and their knowledge the country. prompts them to sympathize with efforts on the part of We also know, on the other hand, that in the discharge of legislators and with efforts on the part of the Executive his normal functions under the Constitution he may, and intelligently to promote peace. · usually does, pursue a policy which is calculated to preserve We. are living in a time when many peoples are greatly the peace of the Nation. disturbed, some by civil strife, others by forces from without. This joint resolution gives the President only the power The task of writing and agreeing upon legislation to which to act in a manner that may restrict the rights of American critical minds may find no objection is difficult, and perhaps citizens as enjoyed under international law when the Presi impossible. But the difficulty or impossibility of securing dent finds that unless he does act, their peace and their se perfect legislation is no justification for delaying as clear a curity will be endangered. If anyone objects to entrusting definition of the rules to govern our conduct in case of war that authority to the Executive, of course he is at liberty between other peoples as is practicable under existing cir to take the position and to maintain it. cumstances. Mr. CONNALLY. Mr. President, will the Senator permit With these thoughts in mind, and they are of conSe a brief interruption? quence, let me express the belief that the joint resolution Mr. ROBINSON. Yes. as agreed to in the conference is a better measure than Mr. CONNALLY. The Senator said that ever since the that which passed either the House of Representatives or Government began we had Presidential control of our for the Senate. Without doubt those who oppose anything, eign relations. Is it not true, however, that under the those who think it is impracticable or impossible to :fix any Confederation and during the Revolution the Continental 3946. CONGRESSIONAL RECORD-SENAT~ i\.PRIL 29~ Congress undertook to exercise the function of carrying on It 1s sound to invest the President, a.s the Constitution does our foreign relations, and made a lamentable failure of it, invest him, with a very large discretion with regard to inter and that is one reason why we vested such large powers in national affairs. My reading has not been very extensive;· the Executive? but, as I recall, every nation which has undertaken to con .. Mr. ROBINSON. Without doubt. It would be very duct its foreign relations through Its parliament has made a difficult for my associates in the Senate and myself to very serious mess of it. So what we are really doing here carry on the foreign affairs of this Government effectively, today is not giving the President more power; we are really, however much confidence we may have in ourselves, and in many ways, limiting his powers. We are authorizing him, however much admiration we may feel for one another; and upon the determination of certain facts, to carry out this the difficulty would be augmented when we take into con legislation; and whatever may be said with regard to the sideration the 435 other individuals at the other end of the Presidential functions, whenever those functions are within Capitol who' themselves have a measure of responsibility. the Executive's jurisdiction I think he ought to exercise them. The statement has been made that this measure will prove Congress ought not to undertake to exercise them. I think disappointing; that it is not an absolute safeguard against it is a very wise provision of this joint resolution that we the possibility of the United Stats being drawn into war. In adopted the House suggestion a.s to greater latitude for the all probability there is justification for that statement. exercise of the President's discretion. Many of our citizens believe, and some of our great writers Mr. BONE. Mr. President, I have no desire to prolong express themselves as believing, that it is possible by passing unnecessarily the debate on the joint resolution or prevent a law through Congress to accomplish almost anything, and its disposition this afternoon, but I feel that I would not that it is i>ossible by merely declaring neutrality to guarantee be true to myself were I not to express my honest opinions the peace of the country for all time to come. regarding the report of the conference committee on the Those who have studied the subject of course must real neutrality joint resolution, which I cannot support. ize that such a contention is unfounded. In spite of every I have been much interested in the discussion and the thing we have done to realize the hopes and prayers of direction the discussion took this afternoon in respect to the millions of American mothers and fathers who, as I said in resolution, and at this point in my remarks I should like to the beginning, are. interested in seeing the peace preserved, have section 2, containing its two subdivisions, inserted in we may yet be drawn into the maelstrom of some great my remarks, because it is this particular section which is conflict originating among other powers. In my judgment, largely the cause of all of the discussion revolving around there Is no way in which by law we can make it impossible the joint resolution and the earlier measure which was before for our people to be drawn into war. Nevertheless, it is our the Senate. duty to do everything reasonable to devote our best intelli The PRESIDING OFFICER. Is there objection? gence and intentions to the establishment of such a system, There being no objection, the section was ordered to be· and the enactment of such legislation as in our best judg printed in the RECORD, as follows: ment will accomplish that end. EXPORT OF OTHER ARTICLES AND MATERIALS Of course the President must act in good faith. Any SEC. 2. (a) Whenever the President shall have issued a procla measure we might pass would be futile, and might be harm mation under the authority of section 1 of this act and he shall ful, if the assumption is made that our Chief Executive thereafter find that the placing of restrictions on the shipment of certain articles or materials in addition to arms, ammunition, and would act in bad faith. But in a realm peculiarly occupied implements of war from the United States to belligerent states, or by the executive authority under our Constitution, all the to a state wherein civil strife exists, is necessary to promote the discretion we are giving to him is to enable him to say, "I security or preserve the peace of the United States or to protect the find that the United States is endangered by the unre lives Ef citizens of the United States, he shall so proclaim, and it shall thereafter be unlawful, except under such limitations and strained carrying-on of commerce under normal conditions exceptions as the President may prescribe as to lakes, rivers, and pertaining to international law, and I proclaim that those inland waters bordering on the United States, and as tq transpor who wish to trade with belligerents shall not do it at the tation on or over lands bordering on the United States, for any American vessel to carry such articles or materials to any bellig risk of bringing war to our people and to our country." erent state, or to any state wherein civil strife exists, named 1n Mr. CONNALLY. Mr. President, I shall detain the Senate such proclamation issued under the authority of section 1 of this for only a moment. I rise merely to dissent from the act, or to any neutral state for transshipment to, or for the use of, [Mr. VAN any such belligerent state or any such state wherein civil strife pronouncements of the Senator from Michigan exists. The President shall by proclamation from time to time DENBERG] as to this joint resolution granting to the Presi definitely enumerate the articles and materials which it shall be .dent more authority than was granted by the Senate joint unlawful for American vessels to so transport. resolution. (b) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act and he shall thereafter I regard that as one of the most admirable features of the find that the placing of restrictions on the export of articles or conference report, that it does give greater freedom of ac materials from the United Stat~s to bell1gerent states, or to a state tion to the President with regard to the administration of wherein civil strife exists, is necessary to promote the security or the act. It seems to me, in the final analysis, that the preserve the peace of the United States or to protect the lives or commerce of citizens of the United States, he shall so proclaim. psychology of this legislation will be its chief strength. and it shall thereafter be unlawful, except under such limitations It will not, of course, keep us out of war necessarily; and if and exceptions as the President may prescribe as to lakes, rivers, a situation should arise where we began to feel that our and inland waters bordering on the United States, and as to trans portation on or over lands bordering on the United States, to national interests were being trespassed upon, we would just export or transport, or attempt to export or transport, or cause to tear up this neutrality resolution and throw it in the waste be exported or transported, from the United States to any bellig basket and declare war. We cannot tie our minds any more erent state, or to any state wherein civil strife exists, named in than we can tie our bodies in a straitjacket with regard to such proclamation issued under the authority of section 1 of this act, or to any neutral state for transshipment to, or for the use these great national questions. of, any such belligerent state or any such state wherein civil strife I favor the proposed legislation because I do believe that exists, and articles or materials whatever until all right, title, and in the world at large it will have a good psychological effect, interest therein shall have been transferred to some foreign gov and that it will have a good psychological effect upon our ernment, agency, institution, associatioll', partnership, corporation, or national. The shipper of such articles or materials shall be own people; and insofar as we can by law accomplish these required to file with the collector of the port from which they are things, it certainly is an effort to accomplish them. I wish, to be exported a declaration· under oath that there exists in citi however, to dissent from the expression of the views of the zens of the United States no right, title, or Interest in such articles or materials, and to comply with such rules and regulations as Senator from Michigan that we can and should anticipate by shall be promulgated from time to time by the President. Any legislation every conceivable situation, and have a mandatory such declaration so filed shall be a conclusive estoppel against any act to enforce our edicts, and to compel the President to sit claim of any citizen of the United States of right, title, or interest up in the White House merely as an automaton to register in such articles or materials. Insurance written by underwriters on any articles or materials the export of which 1s prohibited by the will of Congress with regard to international situations this act, or on articles or materials carried by an American vessel which. we cannot· foresee, which nobody ever has foreseen, in violation of subsection (a) of this section, shall not be deemed .and which never will be foreseen. an American interest therein, and no insurance policy issued o~ 1937 CONGRESSIONAL RECORD-SENATE 3947 such articles or materials and no loss incurred thereunder or by some debt to a country is a desirable thing. Yet that is the owner of the vessel carrying the same shall be made a basis of any claim put forward by the Government of the United States. what war trade translated itself into, a-huge debt, $12,000,- (c) The President shall from time to time by proclamation 000,000 of debt, which hangs like an old man of the sea extend such restrictions as are imposed under the authority of around the necks of the American taxpayers. Am I right? this section to other states as and when they may be declared to Every man in this body knows I am right. Yet there is an become bel11gerent states under proclamations issued under the authority of section 1 of this act. army of dead along with that debt, and an army of insane (d) The President may from time to time change, modify, or boys, and, in my judgment, if we get into another war this revoke in whole or in part any proclamations issued by him under Republic will disappear, for our civilization will never stand the authority of this section. the frightful impact of another great war. (e) Except with respect to offenses committed, or forfeitures incurred, prior to May 1, 1939, this section and all proclamations The able Senator from Illinois [Mr. LEWis] has said that issued thereunder shall not be effective after May 1, 1939. in case a war arose while Congress was not in session our Mr. BONE. Mr. President, I think it will be very plain constituents would let us know what they wanted, and to everyone who reads this record-and I want to be per forthwith we would do it. Let us examine the record for a fectly fair about this--and to one who reads the record of moment; let us be realistic about this. the past debates on the various neutrality bills which have Many polls have been taken in this country, and I aril been before this body, that, by and large, the biggest ele rather curious to know how far we have reacted to the ment in the discussion is the question of our trade, and the desires of our constituents. Eighty-two percent of the peo profits which would :flow to our nationals in exercising what ple indicated that they wanted the munitions business we have termed our "rights" in and to foreign trade. nationalized, but I have not observed the United States I am not suggesting anything invidious in this sort of Senate doing anything about it. When I tried to have even thing, because we have all been very frank. There has been the shipbuilding activities of my Government nationalized this long discussion of our rights, of our traditional Ameri the Senate voted down my amendment. That is how far can rights, which, of course, means our right to wartime we listen to our constituents. Seventy percent of the peo traffic with any country under the sun. Some have been ple, according to what I think was an authentic poll, more aggressive in defending these alleged and assumed thought we made a blunder in going into the World War. rights than others; but fundamentally the argument is all It is also very apparent from the argument here that the same; our right to traffic with belligerents during war, there is a general belief that the defense agencies of this and to permit our nationals to make profits out of that Government-and if I am in error, someone will correct trade. If I am wronging anyone by that suggestion I desire me-the President of the United States, as the Commander to be corrected right now, because, so far as I myself am in Chief of the Army and the Navy, the War Department, concerned, I want the record to indicate my own attitude, and the Navy Department, are the proper repositories of for a number of reasons. the proposed discretionary powers in case war comes in It seems to have been the irony of fate that the Demo Europe. It is the argument that the agencies we create cratic Party was in power when the World War occurred. under law and under our Constitution to handle war are It was a Democratic President concerning whom it was the proper agencies to handle a peace law. said, "He kept us out of war"-the greatest war in all his It has been suggested that under our constitutional form tcry, the most costly war in all history. And now the Demo of government it is the function of the President to exer cratic Party is in power again, and the world seems about cise in a major way the power to establish our relationships to explode once more. r with foreign governments, and that that is much superior to We know what war trade meant, because we have had the any other proposal we might adopt in handling that ques years which followed in which to calmly appraise and con tion. But that overlooks almost completely the fact that template all that the World War meant, and all that the England, a parliamentary government, France, a parlia war trade meant and implied. I do not propose to speak mentary government, and practically every other great par long, but as I proceed if I am in error I want someone in liamentary government in the world faces the necessity of this body to correct me, because by our action here we handling these things through the machinery set up by the are about to make history; we are again about to commit parliaments of those countries. There is nothing odd about the Democratic Party to a policy, which will be good or bad, it, certainly nothing challenging. It is not a violation of and we will never divorce ourselves from the record we are any democratic process. now making. There is the further consideration that Congress must Let us examine this matter of our right to trade during · declare war. I find myself wholly in agreement with the war. We loaned belligerent European powers $12,000,000,- Senator from Michigan [Mr. VANDENBERG] when he says 000 with which to trade with us. They have never paid that it is a bad business to literally vest the war-making it back, and those loans were translated into bonds, bonds power in any one man. I think it is not a logical approach of the United States of America, for the payment of which to the problem to vest in any one human being the power every Member of this body is paying in his income tax every to establish the· conditions under which our boys may have year. That trade, if you please, for which we assert our to die, when there are 530 Members of Congress who are readiness and our willingness to fight if need be, will mean asked to abdicate their right to have anything to say about that our youngsters will go out to die; not we of the Senate. it, when they put the power into the hands of one man. I That traffic of $12,000,000,000 is reflected in debts, and would not trust my own mother with that frightful re therefore it is obvious that the "rights" about 'which there sponsibility. is so much talk, the "rights" which we assert belong to us, Mr. CONNALLY. Mr. President, will the Senator yield? are not rights; they are debts, because by the alchemy of Mr. BONE. I yield. war, and out of the passions of war, grew debts, not rights. Mr. CONNALLY. Does not the Senator realize that if If I am in error about that, some able Member of this body there is a Congress which does not want war we cannot will correct me. have war, because it can refuse to declare it, it can refuse I have listened to a discussion of our war debts by the appropriations, it can tie the hands of the Executive? And able Senator from Illinois [Mr. LEWIS], who has always I know the Senator believes in popular government, of illumined that subject with his keen mind. The Senator course. Is it not, after all, up to the Congress? We could from California [Mr. JoHNsoN] has discussed these debts just lie down and let them kick us around, and Congress in language which sizzled, and he was the author of an act would say, "No; we will not fight." The trouble is, how which bars defaulting nations who owe us money from ever ever, that Congress does declare war. Whenever the coun floating any more bond issues in this country, by means of try is excited to that stage where the people want war, which they might repeat this monstrosity imposed upon us. Congress will respond to the sentiment. I cannot bring myself to think that anyone can honestly, I . am not arguing against the Senator's ideals; I agree in his heart, believe that a thing which becomes a burden- v.ith them. But we are living in a world of human beings, 3948 _CONGRESSIONAL RECORD-SENATE APRIL 29. and not of angels. We are living in a world of materialistic, Security and preserve peace, and so forth, he may declare it, ambitious nations. If we could make them all live up to and thereafter it will be unlawful for an American vessel to the Golden Eule by passing an edict, I would be for it. carry these articles and materials. But he may decide not to Mr. KING. Mr. President, will the Senator yield? so declare. Mr. BONE. I yield. Let it be said-and I think it may be said without fear o!· Mr. KING. I do not wish to dissociate myself from the successful contradiction-that in modern war every nation position taken by the Senator from Texas; but may not the engaged in war declares practically every form of commodity Executive pursue a COW'Se which will compel Congress to to be "contraband of war." England put about 200 articles accept the challenge for war, at least as a matter of honor, on her contraband list. Senators, if I am in error, I want and to declare war, though if they had had the right to someone to correct me. Italy put virtually everything that speak first they would not have supported the policy? can be imagined on her contraband list. Mr. BONE. The question of the Senator from Utah is an Let us be realistic. Most of us are lawyers.· We know answer to the question of the Senator from Texas. Let us what this language means. We do not have to ask our just examine this thing cooly, realistically, and objectively. selves questions or deceive ourselves. Understanding that We did not do a very good job before. We made "the world fundamentally this resolution represents a desire to protect safe for democracy", and we left as a heritage an army of trade by American nationals with belligerents-that is the dead and insane and an army of debt that crushes. We were argument used here today, and Senators may read it in the not very smart about it. We set out to do a lot of these RECORD tomorrow-this resolution says the President may idealistic things. But I want to be a little more practical say that certain articles may not be carried on American about this whole business of war. I am "fed up" on the vessels but that all other articles may be carried on Amer "ideals" about which there has been so much talk. I want ican vessels. to do what any cold-blooded lawYer would do; keep his Since modern nations declare everything to be contra client out of trouble by having his client exercise a little band of war it makes very little difference whether the horse sense. President takes out 10 articles and says to owners of Amer I wholly agree with the implications of the questions of ican vessels, "You may carry these but you may not carry the Senator from Utah [Mr. KINGJ. If we put into the anything else." The pathway to war is wide open. Down hands of the President of the United States the power to this primrose path of dalliance with war we go, because out give or withhold certain privileges to commercial interests, of 200 articles, commodities, that belligerent nations want, he may do those things which will put us in an awkward the President may say: "You may not ship 10 of them on position, where Congress in the very nature of things, to American vessels, but 190 of them can be shipped on Amer preserve its honor and its face, will have to declare war. ican vessels"; and we have 190 reasons right there why That in itself is a challenging thing, and that is precisely American vessels will be sunk by the enemies of the bellig what this resolution does. erent powers to whom the ships are going. Let us read the resolution for a moment, because if we get Let us go to paragraph (b) of section 2, which is a cash· into the war again it will not make much difference if we and -carry provision. It reads: settle questions dealing with W. P. A., P. W. A., or anything Whenever the President shall have issued a proclamation unde~ else. We will not have a civilization worth fighting for when the authority of section 1 of this act, and- the subversive forces of this world unleash all their fury and Another disjunctive- perhaps liquidate this civilization of ours. We had better he shall thereafter find- exhibit deep concern about this business if we love our own country as much as we say we do. No compulsion at all. If he elects to find he may find Section 1 provides that the President shall issue his that- proclamation when he finds a state of war existing. it is necessary- Then we come to section 2, and I read this language. I He must "find, it is necessary to preserve our peace. All am not pointing out a lot of things that are put in to "bunk, findings of fact- or to deceive anybody. This resolution is a studied approach is necessary to promote the security or preserve the peace of the to a discretionary neutrality. The honor and good faith United States • • • he shall so proclaim, and it shall there· of no one can be challenged by this resolution. Its pro niter be unlawful- ponents have been very frank. They want the President to To ship to belligerents any articles or materials whatever have the full discretionary power given by the resolution. until title has passed. · I am not asserting that there is anything weaseling about If the President exercises this power to forbid exports by this resolution. I am objecting to it because I object to Americaru;;, he then _can make the belligerent nations come the unlimited discretion which it gives to the President of and pay cash on the barrel head at our ocean gateway. But the United States--a discretionary power that I would not again the President must himself make a :finding, make a give to my own father. I would not want to exercise it declaration, that the export of these commodities will jeop myself because I know that when war starts in Europe and ardize peace before he would make the proclamation. trade opens up, every business force in the United States It is a fair assumption, gentlemen of the Senate, that will be down here putting unbearable pressure on the Presi every business group in the United States will come here and dent of the United States to exempt their particular com put violent pressure on the President. They are honorable modity from the etiect of this resolution, and every Senator gentlemen. I would not impugn,their motives. I know that in this body knows that is precisely what will happen. every businessman wants to make money. We have been so Let us look at section 2 and examine the language for a frank here today in saying that we are going to protect moment. Section 2 (a) provides that- American war trade that we need have no illusions, -at least Whenever the President shall have issued a proclamation under among ourselves. We know full well that this resolution is the authority of section 1 of this act and he shall thereafter find- designed to protect war trade. We know full well from past Now he must decide to make the finding. He does not have experience that when we get the trade we will later have to to do it. There is not a laWYer in this body who will say he sweat ourselves in taxes to pay for it. It seems to me some has to do it. times we are like a bunch of schoolboys trying to avoid and And he shall thereafter find- evade our lessons. We have a problem in multiplication put up to us, and somehow we think the professor is a bit He does not have to :find at all- "screwy" and his methods are wrong. If we do not now that the placing of restrictions on the shipment of certain articles know what the tragedy and the horrors of war are, and what or materials- it means, Senators, we will never learn it in a million years. That is, outside of arms and ammunitions. When he finds We know there·is no profit in trade in war except for a few that this restriction on ~hipment is necessary to promote fellows. 1937 ·coNGRESSIONAL RECORD-SENATE 3949 When this measure was up before I said on the floor of lumbia, the rules laid down by the police court of the Dis the Senate that a few people made fortunes out of the war. trict of Columbia preserve for me, sir, an American right The Du Pont powder people, for instance, made a vast to go over there and huckster around a little in the fortune out of the war. They are fine gentlemen persona.Ily. crowd." And I hear you say: "Can you not wait until the My assault on that sort of thing is not a personal one. excitement is over and the boys quit cutting one another's They made a huge profit. They bought vast amounts of throats?" "Oh, no; out with such heresy; it is my right to property in this country-the Remington Arms and control trade." Of course, you would probably immediately sug of General Motors. That was a perfectly legitimate propo gest to the family that a psychiatrist examine your friend's sition. But where did they get the money? These profits head lest he commit some worse blunder. came out of the taxpayers of America. It must thrill you to Of course, Mr. President, we cannot specifically define all the very core every time you are paying income taxes to that should or might be done in time of war. The sugges realize that you bought General Motors and Remington tion has been made here repeatedly that there is something Arms for the Du Ponts. queer about this matter of neutrality because we cannot Mr. CLARK. Mr. President-- specifically define everything to be done, and some news The PRESIDING OFFICER (Mr. ELLENDER in the chair). papers have suggested that there is a weakness in our Does the Senator from Washington yield to the Senator approach to neutrality legislation because we cannot spe from Missouri? cifically define a complete course of action under all cir Mr. BONE. I yield. cumstances. Every lawyer in this body knows that we have . Mr. CLARK. Is it not a fact that for the several hundred spent several hundred years trying to define crimes and million dollars a few concerns in the United States made have not as yet proceeded very far toward preventing them before the entry of the United States into the World War by our definitions; but no sane person would want to aban the American taxpayers are still paying on the $20,000,- don all Anglo-Saxon traditions of law simply because. we / 000,000 which was expended by the United States during the have not made the best job on earth of preventing crime. war? · However, one thing is sure: We can say to belligerents by Mr. BONE. Mr. President, the tragedy is that it is true. law what I believe the able Senator from Nevada [Mr. We are not only paying this terrible war debt that grew out PITTMAN] wanted to say-and in that I wholly agree with of our loans to Europe, but we are paying for all this ~'war him-that "If you want our stuff, come to our ocean gate Qusiness" that ·occurred before we got into the war-for all ways and get it and pay cash on the barrel head and take it this trade. Of course; the bankers got their money back. away with you in your own ships." There is nothing queer We floated Liberty bonds iii order to bail the bankers out about that and nothing hard to understand. I cannot in their loans to France and England. It was a very happy imagine any proposition that is more elemental in its sim thing all around-happy except f_or the Americ~n taxpayers plicity. Perhaps its very simplicity made it open to chal who got it-if I may employ a vulgarism-right in the neck. lenge by business interests that want to ship stuff across Really the only thing that has ever bothered me much the sea in any kind of a boat and want our boys to die to :i.s to have some one of my brethren here say I am an preserve their right to do it. I do not want any more boys "idealist" in this matter. The only idealist in this body, dying to preserve the huckster's right to do business with gentlemen, is the man who thinks we have ideals in trade belligerents. What real stake do these boys have in such a worth fighting for, worth killing an army of boys for. We murderous business? are idealizing war trade-war profits. When we gloss over The only stake they have is a disordered and broken the horrible price we have 'to pay to preserve war trade for civilization as the result of war. .What a gloomy future the benefit of a few people. for them if such a thing comes about. I do not want anybody to make money out of war. I want Of course the ca.sh-and-carry idea which I have sug laws with teeth in them, and language which will keep some gested is not in itself a guaranty against war. I do not fellow from making money out of war, at the inevitable think any member of this body ever heard a member of expense of the American people. I want to keep our boys the Munitions Committee suggest it, or other Senators in this country. I do not think that viewpoint is a foolish suggest it. It is useless to build up phantoms and ghosts ideal. It is just a cold-blooded, practical thing. and then proceed to lambast them on the floor of the Let me give an illustration. If it is not an apt one the Senate on the idea that somebody's argument has been people of the United States who read my remarks here answered in that way. Nobody has ever suggested that today will have to pass judgment. on the accuracy of my con any proposal made here wa.s a complete gtiaranty against clusions and whether or not the illustration is a fitting one. war, but, at least, it is a sensible thing to try to take out If you were walking down a street_in Washington, D. C., and all possible insurance against it. you saw a fight going on across the street where men were If materials are carried across the seas by the fellow using knives · and brickbats. upon one another, would you who buys them, and that ship goes to the bottom, . is .it walk across the street and go through that crowd because not obvious that we are not going to see in American you had a constitutional· right to use either sidewalk, or newspapers in flaming headlines, "Old Glory goes to the would you exercise the horse sense which we all .possess and bottom; · Americans go to the bottom"? Is there any · stay on your own side of the street, or even go around the · answer to that? block lest the flying bricks ·hit you? Or perhaps you might. · I have -in my library clippings-from newspapers of the ·. be seized with the impulse that seems to seize us at times ·wartime, newspapers carrying great flaming headlines read and say, _"Well, there is a fellow in that crowd over there ing, !'Old Glory goes to the bottom; Americans lose their lives who wants to buy a pocketknife of mine", or "I want to because of the depredations of a submarine." That is pre sell my automobile to him." Of course I will have to lend cisely what we want to avoid and can avoid by a mandatory him the money with which to buy it, and I will have to bor cash-and-carry provision which should now be written into row that money from the bank, and he will smash the auto-. this neutrality law. mobile, and I will never collect from him, but I have a con Mr. President, I think all members of the Senate will stitutiona;l right to go over there and sell him that autom~ recall in 1935 when we were discussing the neutrality law bile!' I hear every lawyer in this body saying, "Listen, that a number of references were made to the fact that friend, you know you should exercise a little common sense. it was a violation of the principles of international law, You see that fight going on over there. Bricks are flying as we understood them, to change the rules of the game and blood is flowing over there, and he would say, 'Why do in the midst of war. We find in this joint resolution the you talk that way to me? You are Just an idealist.' very thing that the opponents of neutrality legislation "I have a right, sir, to go over there; it is my consti objected to at that time. They said, "The Italian situation tutional right. International law, the Constitution of the is bad and if we enact this law we may offend Italy be United S~tes, the Revised Statutes of the District of Co- cause we are laying down a rule at a time when Italy 3950 ~ONGRESSIONAL RECORD-=--sENATE APRIL 29 is engaging in, at least, a de-facto war." Of course nations ful under the ·provisions of the conference report whether go to war now without the formality of decliuing war; the President of the United States is not vested with the that is an omission that does not mean anything any discretion to decide which is the aggressor nation. more, all having such profound reverence for interna Mr. PITTMAN. It certainly was agreed by every member tional law, which sleeps during wartime. of the conference that no such construction could be placed So, when I look at the whole fabric of international law, I on the measure; and if the Senator can find it, I will be am reminded of a fire department the members of which glad to listen to him. · all go to sleep when the fire is happening but go out after Mr. CLARK. I have very great respect for the conferees, ward and squirt water on the ashes so as to be sure they but the provisions of the conference report seem to me to have discharged their duty fully to the municipality that raise a very serious doubt on that point. hires them. The pending measure provides specifically for Mr. BORAH. Mr. President, would the Senator mind the President to change his mind every day during hostilities pointing out the language he has in mind? if he desires to do so. Mr. CLARK. I will be very glad to do that, but I do not Mr. BORAH. Mr. President- wish at the moment to transgress on the time of the Sen Mr. BONE. I yield to the Senator. ator from Washington. Mr. BORAH. The Senator has been saying a great dool Mr. BONE. I should prefer to finish my remarks. I shall about the discretion perinitted with reference to the cash conclude in a short time. and-carry provision. This whole measure is discretionary Mr. President, there is a growing feeling that one subject with the President. not considered at all in this legislation will have to be con Mr. BONE. Certainly. sidered, perhaps even before the 2-year period is over, in Mr. BORAH. It does not have any effect except in the order to make stay-out-of-war legislation really effective. discretion of the President. I refer to the limitation of the present war trade with the Mr. BONE. That is what I am objecting to. European countries in war materials. Already the export Mr. BORAH. The joint resolution introduced by those of scrap iron and steel is being used as an excuse-possiblY. who are in favor of mandatory neutrality, nevertheless, gave a justifiable excuse-for an increase in the cost of American the President discretionary power to say whether or not we steel and higher prices in automobiles and other manufac would have any law at all on the subject. tured products. Continuation of the present boom in war Mr. BONE. Oh, no; I have in my hand Senate Joint Reso matelials is apparently already increasing prices to infla lution 60, introduced in February by the Senator from Mis tionary levels. Whatever profits are made on this war ma souri [Mr. CLAR.KJ and myself on behalf of other members terial are being paid over and over again by the America.n of the Munitions Committee, which clamps down a definite people as consumers; for every increase in the price of metal cash-and-carry system. or food products is paid locally by the American citizen Mr. BORAH. But the Senator and the other sponsors when he buys an automobile or a loaf of bread. The profits of the measure made it discretionary as to whether or not from the present infiated trade with the arming countries war existed. That aifected the operation of the entire of Europe are probably the most expensive luxury the coun measure. In other words there must be large discretion try is indulging in at this moment. in any workable neutrality law. Indeed, the more discre One of the byproducts of this trade is the danger to our tion within reason the better, for where you are dealing whole economic system of a panic, which will come as soon with war conditions it is impossible to foresee what course as war is declared abroad. or as soon as the transportation a nation should pursue. There. are a limited number of of our highly infiated war trade is cut ofi. War always things which may, with probable safety, be made satisfac brings panic, but we are now basing some appreciable part tory but they are limited. of our present prospelity upon abnormal foreign exports Mr. BONE. I do not so understand the joint resolution, of war materials and are thereby laying ourselves open to because under its provisions when the President found a a far greater panic and a more disastrous one than if wa state of war existing he had to clamp down the provisions had, simply in our own interests, considered the limitation set forth in the measure. of trade with belligerents. The demand of the people expressed in letters to Sen We, ourselves and the public, are not at all satisfied about ators and Members of the House was overwhelmingly to the fact that much of this proposed legislation-that having the effect that Congress should devote itself to working out to do with loans and credits-is vitiated and destroyed on all possible means of preventing the United States from its face by the presence in this country of some billions becoming involved in another foreign war. I do not think of foreign-held American securities. Today's newspapers the pending measure will do so. even explain part of the present slump in Wall Street as Mr. CLARK. Mr. President, will the Senator yield to me being due to the selling, under duress, of some of these for a moment? foreign-held American securities. It is easy to foresee that . Mr. BONE. I yield. if the stock market in England slumps another $2,000,- Mr. CLARK. In connection with what the Senator from 000,000, as it has done during the past week, it may very Idaho [Mr. BoRAH] has just said, it seems to me it should well become necessary for British holders of American be pointed out very definitely that the neutrality measure ·securities to sell a great many more of them. This is a introduced by the Senator .from Washington, the Senator constant threat overhanging our financial stability. from Michigan, the Senator from North Dakota, and my I do not feel that this has been adequately guarded self was only discretionary insofar as it was necessary to against in this legislation or any other legislation. I feel set up some fact-finding body. In other words, it was neces that the presence over here of all that "hot" money makes sary to vest the finding of the facts some place as to the loans and credits sections of the joint resolution prac whether a state of war existed and the only place it could tically useless for the first year or more of a foreign war. be vested was in the President of the United States. What this money actually gives to foreign nations by way That is an essentially different thing from the provisions of economic power over us is an unprecedented opportunity contained in the conference report which allow the Presi to threaten this country with panic. That was their policy dent to set up a rule and to cha.Iige it at will from day to between the years 1914 and 1917. We had then as now based day, or to set up a rule with regard to one combatant and a great deal of our prosperity on foreign-war trade, and the not to another. threat was effective. Mr. PI'ITMAN. That is not anywhere in the bill. I believe we must amend the joint resolution before the 2 Mr. CLARK. I will be very glad to hear the Senator from years are over to guard this conntry against that danger. Nevada explain that provision, because as I read the con · A situation has been created by section 2 (b) , which prob ference report-and I do not wish to trespass too much on ably needs an explanation by the members· of the conference the time of the Senator from Washington-it is very doubt- committee before it is adopted by the Senate. Under that 1937 ·coNGRESSIONAL RECORD-SENATE 3951 section the President is given discretion as to whether arti There will be more "submarine outrages." Why were they cles or war materials transported to belligerents shall be at outrages? Because Americans were on those ships, becausa the risk of the buyer or not. During the last war very the property of Americans was on those·ships. That is where little of the munitions and war materials sent to England or the outrage came. You, Mr. President, know it and I know France was any longer the possession of American citiZens or it. It is to make impossible a repetition of those "outrages" companies when it left our shores. Yet the administration that there has been suggested to this body the mandatory at that time apparently threw American protection around cccash and carry" principle, which it pow rejects. contraband articles carried in the vessels of belligerent na No businessman has a moral right to ask the boys to die tions, although there was no American interest in them. in order to protect his war business-and that is precisely That policy, as Professor Borchard in his recent book has what this discussion is about. That is what "our rights" pointed out, was unprecedented. means. That is what "the preservation of our rights" means. In Professor Borchard's recent book on neutrality, at page It means the boys will be called to the colors, with guns 42, he quotes Judge John Bassett Moore in his statement in their hands and uniforms on their backs, to protect "our before the Foreign Relations Committee in 1936 as follows: rights", under the doctrine of the freedom of the seas; a We became involved in war directly as the result of our under doctrine whose history is written in pages of American taking to guarantee the safety of belligerent merchantmen, and blood. our taking the position that armed belligerent merchantment were to be considered as peaceful vessels. When foreigners want this stuff in wartime let them come and get it, and that was the purpose of Senate Joint Resolu I think we should have an explanation as to whether it is tion 60 introduced by some of us in February of this year. the intent of the joint resolution, in the event where the Are we going to protect our war trade with the lives of our President has not proclaimed trade to be ·at the risk of the boys? When and if. we protect it, that means war. That is purchaser, that we are going to engage automatically in the what Admiral Sims said, and he ought to know. Admiral protection of American-made goods regardless of their desti Sims, who commanded our NavY during the World War, said: nation or their contraband character. If we are going to protect trade with belligerents in wartimes We should also have a complete explanation of section in other words, the "freedom of the seas" doctrine--it will have to 2 (d), which provides that- be done by force of arms. The President may from time to time change, modify, or revoke in whole or in part any proclamations issued by him under the In other words, we will have to call out our Army and our authority of this section. NavY and underwrite that sort of traffic by the armed forces of the United States. I do not think he spoke lightly. The Does this mean that the President can change a procla only question we have to answer is, Is it worth the price of mation so that it will apply only to one side? After that war? has been answered, there is another question: Does that Mr. President, in conclusion I want to say, as I have said language mean that the President can create a situation before, that while we were conducting this investigation into where materials sent to one side are at the risk of the the activities of the munitions business, we had before us a purchaser, and when sent to the other side are not at the great many able men. I would not repeat this except that risk of the purchaser? Is it the intent of the members of I want to write it into the RECORD for the_people of the United the conference committee to allow the President to use this States to read again. We had before us men like Eugene section to participate in so-called sanctions? Grace, of the Bethlehem Steel Co., J.P. Morgan, Patrick J. After all, Professor Moore's comment should be answered. Hurley, former Secretary of War, and many other men of He said: equal prominence and ability. At the conclusion .of their No one who wished unlimited power to make war could ask for more than the authority, in his own discretion. to impose and examination they were asked one question: "What in your revoke, and to modify and adjust, embargoes upon our foreign judgment will happen to our western civilization if we be commerce. - come embroiled in another great international war?" With While embargoes as such are not involved in the section to out a single exception they said, "It would liquidate our which I have just referred, the same danger may exist in civilization", or they employed an equivalent expression. Is creating or withdrawing the status of "trade at the pur the loss of some trade and fat transportation profits too chaser's risk." severe a price to pay to thwart forces which would liquidate I hope the administration will also realize the danger to our civilization? our peace in allowing American merchantmen to travel Subversive forces which grow out of the terrors of war through war zones, especially when there is nothing in the might be so powerful that they would literally wash out of joint resolution at all to prevent the misuse of the American existence this civilization which represents a conservation flag by the merchantmen of belligerent nations. This was of 60 centuries of human progress. Stupid as we are, inept frequently done, as Professor Borchard has pointed out, as we are at times, this civilization represents the best we during the last war, and even Colonel House, who was on have had in all human experience, and yet we juggle it one of the belligerent merchantmen raising the American flag as though it were a worthless bauble. for protection, saw a great source of danger in this practice. At most those claimed "rights" are merely the right of As I remember, the original neutrality proposals of the some man to make war profits. That is all there is to the administrations in 1935 and 1936 contained safeguards problem,· and all the sophistry and all the logic or lack of against this practice. logic will not make anything else out of it. The record has The omission of anything forbidding our ports to all the been written. We have learned that these "rights" are vessels of any nation misusing the American fiag creates a rights which call upon our boys to preserve private profits. situation almost inviting the foreign nations to misuse our in war tra:mc. flag, and thereby greatly endangering bona-fide American If a war comes and ships go down we must be sure that ships sailing through the war zone. they are not American ships. We must not be drawn into Mr. President, these matters to which I have adverted can such a disastrous thing as involved us in the great World be met by legislation. There is nothing foolishly idealistic War. The American people will read the record we have about my suggestions but everything very coldly and in made and know that we had the golden opportunity to tensely practical, and wholly realistic. If we· start American write into our statute book a provision that any capable vessels across the sea again with very high-priced cargoes, lawYer would write for the protection of his client and we with the fat prices American shippers get for handling that did not do it. The responsibility for this default rests sort of "hot" cargo, and those ships are sunk on the high squarely upon our shoulders. seas, Members of this body are once more going to hear the Mr. NYE. Mr. President, I desire to direct an inquiry or cry that "Our American honor has been outraged and we two to the chairman of the Committee on Foreign Relations should go to war." That is what has happened before. which reported the neutrality resolution to the Senate. LXXXI--250 3952 ·coNGRESSIONAL RECORD-SENATE APRIL 29 On page 2 of the report made to the House, and which is Mr. WID'l'E. He is compelled to include them; but he may before each Member of the Senate, will be found subsection include any other articles he sees fit, except these raw (d), in which we find this language: materials? (d) The President shall, from time to time by proclamation, Mr. PITI'MAN. Any other articles of a similar character. definitely enumerate the arms, ammunition, and implements of Mr. WIDTE. Except raw materials? war, the export of which 1s prohibited by this section. The arms, ammunition, and implements of war so enumerated shall include Mr. PI'ITMAN. Except raw materials. those enumerated in the President's proclamation numbered 2163, Mr. NYE. Mr. President, another question occurs to me; of Aprll 10. 1936. and since the chairman of the committee has been dis Down to that point the language is that which the Senate cussing the subject privately with others in a way which I had used in its original draft of the legislation, is it not? think ought to be a matter of record, I call attention to Mr. PITTMAN. Yes; that is my understanding. subsection (d) of section 2, found at the bottom of page 3, Mr. NYE. Then there follows this language: wherein we find this language: But shall not include war materials or any other articles or The President may from time to time change, mo.dify, or revoke materials not of the same general character as those enumerated 1n whole or in part any proclamations issued by him under the in the said proclamation, and in the Convention for the Supervi authority of this section. sion of the International Trade in Arms and Ammunition and in Does this authorization enable the President so to alter Implements of War, signed at Geneva June 17, 1925. his proclamations as to permit application that might be What was the occasion for adding that particular language disadvantageous to one side and advantageous to the other to the Senate provision? in effect? Mr. PITTMAN. Because the language which we originally Mr. PITTMAN, It does not, and I shall very quickly had in the joint resolution was that the President from time explain why. to time may enumerate the articles which shall constitute Subsection (d) of section 2, which the Senator has just arms, ammunition, and implements of war. That is the read, and which permits revocation or modification, applies way the measure was enacted in 1935. to the first two subsections of section 2. Subsection (a) is Inquiry was made of the chairman of the committee on· the one ·which allows the President to restrict American the floor of the Senate as to whether that included oil. vessels from carrying certain articles to belligerents~ He The chairman of the committee responded that that was may from time to time increase or decrease those articles. not the intention of the committee, because ·we had just· That- will be done each time by proclamation. Therefore ratified a convention on the .export of arms and ammuni he must modify his proclamation as to subsection Plm.ADELPHIA, PA., April 29, 1937. PHILADELPHIA, PA., ApriL 29, 1937. Senator GERALD P. NYE, Senator NY11:, United States Se1Ulte: United States Senate: Protest passage neutrality bill; subsection 3 (a) un-Amerlcan, Artists congress and artists union protest neutrality measure unhumanitarian. subsection 3, prohibiting collections without Presidential approval. ELIZABETH W. SAMSON. H. JENNINGS, Executive Committee. MINNEAPOLIS, MINN., April 2~, 1937. Senator GERALD NYE, BROOKLYN, N. Y., April 29, 1937. Senate Office Building: Senator NYE: Wish to protest passage of subsection 3 (a) banning medical United States Senate: supplies in neutrality bill. We protest the inclusion of subsection 3 (a) of neutrality meas Dr. SEHAM. ure which contains the prohibition of collection of medical sup· plies, food, etc., to Spain. As upholders of humanitarianism and NoRTHAMPl'ON, MAss., Apn1 29, 1937. democracy, we demand its withdrawal. Senator GER.'•LD P. NYE, MEDICAL BUREAU TO Am SPANISH DEMOCRACY, United States Senate: BROOKLYN CHAPTER. Protest section neutrality bill interfering right of American citi zens to send medical supplies to democratic Spain which is su1fering PHILADELPHIA, PA., April 29, 1937. Fascists invasion. This is an affront to American libe~y and tradf. Senator GERALD P. NYE: tions of democracy. Urge you to do everything in your power to United States Senate: have this section of bill cut out. Ask you to oppose section of proposed neutrality bill giving Mrs. D. W. DOUGLAS. executive discretion to bar humanitarian aid to Spain. Section 1937 CONGRESSIONAL RECORD...:...SENATE 3959 denies our traditional policy of aid to a people su.trering through elected government. Whereas we recognize the- complete destruc war and invasion. tion of all culture, the voluntary and involuntary exile of mu INEz MUNOZ. sicians, composers, artists, and scientists in the existing fascist . REV. J. A. MAcCALLUM. coUntry. Be it resolved that the Philadelphia Music Center, an ANNA PENNYPACKER• . organization involving over 1,000 members, and dthers demand DR. M. V. LEaF. the killing of this bill. HERMAN GREEN, Executive Secretary for the Executive Committee. PHILADELPHIA, PA., April 29, 1937. Senator NYE, United states Senate: BoSTON, MAss., April 29, 1937. As member Medical Bureau to aid Spanish Democracy interested Senator NYE: We call upon you to defeat clause 3 (a), subsection in humanitarian aid to harassed people of Spain I protest com neutrality measure, outlawing humanitarian help to legitimate promise neutrality measure now in House and Senate and ask governments at war. you to do all in your power to see that it is not passed. Spain NEW ENGLAND SOCIETY FOR TECHNICAL must get our medical help. Am TO SPANISH DEMOCRACY, Dr. SARA KAPLAN. NEW YoRK, N. Y., April 29, 1937. PHILADELPHIA, PA., April 29, 1937. Senator GERALD P. NYE, Senator NYE, Senate Chamber: United states Senate: Strongly urge that contributions clause of neutrality legislation As member Medical Bureau to aid Spanish Democracy interested be amended so that there be no interference with humanitarian 1n humanitarian aid to harassed people of Spain I protest com relie.f given through voluntary associations here and abroad. promise neutrality measure now in House and Senate and ask Bishop ROBERT L. PAD DOCK, you to do all in your power to see that it is not passed. Spain _ Chairman, American Friends of Spanish Democracy. must get our medical help. Dr. J. NITKIN. SAN FRANCISCO, CALIF., April 29, 1937. Mmm:APoLIS, MINN., April 29, 1937. Senator GERALD P. NYE, Senate Chamber: GERALD NYE, Strongly protest proposed neutrality legislation prohibiting col• Senate Chamber: lections medical supplies Spain. Wish to protest passage of subsection 3 (a) banning medical supplies in neutrality bill. MEDICAL BUREAU TO Am SPANISH DEMOCRACY. Rev. RAYMOND BRAGG. Mr. BORAH. Mr. President, the pending conference re port on the neutrality measure provides in the first instance Los ANGELES, CALIF., April 29, 1937. a prohibition against the shipment of arms, ammunition, Senator NYE: Protest alleged neutrality legislation prohibiting medical aid and implements ·of war after the President has declared a to suffering people of Spanish democr~y. state of war fo exist. That is made mandatory and made LIONEL STANDER. permanent. It becomes the permanent law of the United States. That seems to me to be a provision which we can WASHINGTON, D. C., April 29, 1937. Senator NYE, make with some assurance that it will be helpful to us in United States Senate: case a conditiQn of war should prevail in foreign countries. I wish to express my disapproval of section 3 (a) of the neutral From the beginning of the consideration of this measure it tty bill; I feel it is against all civilized codes of humanity. has met with my support. RAE HAHN. The law, if it is enacted, will also provide against Ameri KENDAL GREEN, MAss., April 29, 1937. can citizens travelling on belligerent ships. That also is Senator GERALD P. NYE, mandatory, and also will be permanent. That seems to me Senate Building: to be another condition which will be of very considerable Vote against the compromise neutrality bill. help to us in remaining out of a controversy which may at ELEANOR P. GROSE. any time occur in Europe. Los ANGELES, Calif., April 29, 193?. Thirdly, we provide against loans or credits to belligerent Senator NYE: nations. That also is permanent and mandatory, and that Ardently protest neutrality legislation prohibiting medical sup seems to me a worth-while contribution. , plies to Spanish democracy. We also provide-which is, in my judgment, a distinct HERBERT BIBERMAN. step forward, a~sisting us in some respects in keeping out of KANsAS CrrY, Mo., April 29, 1937. a foreign war-that our merchant shipS shall not be armed. Senator GERALD P. NYE: We vigorously condemn the current in I think in the World War such arming of merchant ships human and outrageous neutrality bill. had. the effect of bringing us into trouble by reason of the Mrs. HERMAN LANGWORTHY, Kanstl3 City Committee to Aid Spanish Democracy. fact that the commanders of submarines could not know whether or not a ship was armed, and therefore could not PrrrsBURGH, PA., April 29, 1937. know whether or not the ship could protect itself, and that Senator NYE: Undersigned vigorously protest subsection 3 of naturally led to destruction. revised neutrality bill prohibiting any humanitarian aid to Mr. President, those provisions seem to me to be altogether Spanish people except by express Presidential approval. Such provision regarded as unAmerican and a deprivation of personal worth while and altogether helpful. They are a contribution liberty. Urge you vote against it. to the objective which we all have in mind, and that is to J. B. Alemany, professor of modem language, Carnegie avoid being drawn into another war in case another war Tech.; chairman, Pittsburgh Chapter of the North should come. American Committee to Aid Spanish Democracy; Dr. Bernard C. Clausen, pastor, First Baptist Church; Mrs. I agree with what has been said in this discussion very Bernard C. Clausen; Charles Watson, clirector, Margaret generally to the effect that we cannot hope to provide any _ Morrison Carnegie College, Carnegie Tech.; Webster plan which will be in any sense a guaranty against our Jones, director, College of Engineering, Carnegie Tech.; being involved in another war should one come. The most Clinton S. Golden, regional director, Steel -Workers' Or ganizing Committee; Lois McBride, judge, Allegheny we can do is to take those steps which would tend to aid County; Rose Stein, secretary of The Workers Schools, us in keeping out of a war should one occur, and it seems Western Pennsylvania; No~ H. Dawes, Harold Stearns, to me wise that the prohibition against the shipment of Stuart W. Chapman, professors, Carnegie Tech.; Irmgard Steam, Maybelle Kennedy Chapman, executive secreta.rj, arms, ammunition, and implements of war should be made Pittsburgh Chapter, North American Committee to Aid permanent, and should be made mandatory. The same Spanish Democracy. thing is true with reference to our citizens traveling on . belligerent ships; it is true with reference to the arming PHILADELPHIA, PA., April 29, 1937. of merchant ships; it is true with reference to loans. Those Senator GERALD P. NYE: Whereas the compromise neutrality meas ure reported to the House and Senate today :flatly prohibiting provisions were in the original JOint resolution as it came collection of medical supplies to aid Spanish democracy 1s nothing from the Committee on Foreign Relations to the Senate. I more than a measure to aid .fascist invasion of a democratically favored them all 3960 CONGRESSIONAL RECORD-SENATE APRIL 29 The objection which I had to the resolution in the first of the United States, establishing in a formal law, before instance was as to what is called the cash-and-cam provi the event of a foreign war, the rules by which the course of sion, and I have not changed my view in regard to that. I the United States will be governed in case of war? do not belie\Te in the principle upon which it is based. I do Mr. BORAH. Of course, as to whether it will increase the not believe it iS a sound national policy; I do not believe load is a matter about which Senators will differ. But sup it is a courageous national policy, and I do not believe it pose a mandatory law does not fit into the situation which is calculated to aid us, in the end, in staYing out of a foreign exists at a particular time. Suppose there is a policy which war. I may be in error in regard to that, because no one the President thinks would be undesirable at that time; he can know about these things; we can only reason from cer would have no power to change it, he would have no discre tain principles which we may entertain, and reach a certain tion in regard to it. Yet it might be the determining factor conclusion. with reference to the policy which the President was pur· The cash-and-carry proposal, differing from the other suing in preparation for a possible war. provisions of the bill, is limited to 2 years, which is in the Mr. CLARK. On the other hand, if the Senator will nature of saying that in the minds of all it is yet an experi permit me just a moment further, we might have a situation ment. It is also discretionary upon the part of the Presi sUch as that which confronted us at the time of the aP dent as to whether or not he shall invoke it and put it into proach of our entrance into the World War. I have never effect. As will be recalled, I offered an amendment to the questioned, and I think that no one else in this body has resolution when it was in the Senate making it discretion questioned, the desire of the great President of the United ary. I did not change my view in regard to that and I have States at that time, Woodrow Wilson, to keep us out of the not changed my view now with regard to it. I am opposed war. Yet we drifted into-the war, largely because it was to the cash-and-carry provision, but, as I could not defeat held on every hand that a change in our neutrality policy it, I desired it be made discretionary. And it is discre after a condition of war had been created would be in itself tionary. an act of war. When a condition of war seems to be coming to our The whole theory of this neutrality measure, as I have door, the Chief Magistrate, the Commander. of the Army . ·understood it,-has been that we should make provision· in and the Navy, the spokesman for this country to foreign advance of the development of the situation as to our policy, . nations, must necessarily take into consideration a multitude so that it could not be said on behalf of any belligerent . of things. He must not only consider whether or not a after we had gotten into a war that we were changing our . particular course will likely involve . us in a foreign war, position and thereby actually committing an act of war. but he must take into consideration whether or not a certain Mr. BORAH. Mr. President, of course a great many · course may involve us financially and economically at home, people believe, with the able Senator, that the question of whether it will bring on a condition of affairs domestically trade had much to do with bringing us into the World which we cannot afford to have. War. It might have hastened it; I suppose it did hasten it, These things, it seems to me, are so associated and con and I suppose it contributed to it; but I have never had any nected with the question of foreign trade, that it ought doubt that President Wilson was correct when he said before alway::; to be discretionary with someone to say whether or the Committee on Foreign Relations after the war was over not a certain course is wise at a particular time, not only that we would have gone into the war regardless of the ques . wise with reference to our foreign policy, but wise with tion of trade and the submarine campaign. reference to our domestic policy. It is difficult, of course, to prove the thesis which I have Something has been said here today about the desire to in mind; yet it is clear to me. The world was geared for all relieve a future President from the position which the fr·ee nations, as they conceived free nations to be, to be President of the United States occupied during the World against the Central Powers. We had reached the point in War. There was a time during the days in which we. were this country where we believed that the success of the Ger approaching our entrance into the World War when our man cause would inevitably destroy free government, and domestic conditions, our financial conditions, our economic that even if we did not go into the war we would inevitably conditions, were as serious as our relationships with the have to take up the war when they got through on the other foreign nations; and those things are all a part of prepara side. There was not the slightest doubt in my mind from tion for war, in case we are drawn into a war. I believe the time the Allied commissions appeared on the rostrum thoroughly in the discretionary feature of the cash-and-carry here in front of us and stated their cause that we would provision. I will go further and say that, in my opinion, go into the World War, especially if things continued to go in all probability it will never be put into effect by any against the Allies. Right or wrong, wisely or unwisely, we President. . I think the economic and financial situation will were unwilling that the Central Powers should win. control in such conditions. But whether it is or not, there Mr. CLARK. Mr. President, does the Senator from ought to be some discretion about it, and I feel, therefore. Idaho, for whose opinion I have the very greatest respect, that the law will not be weakened by having that discre still adhere to the view that the ·united States is under an . tionary power lodged with the President. obligation in the event of a future war to make common We must bear in mind that, after all, when war is ap cause ·in behalf of certain nations as against certain others? proaching, when war conditions are surrounding us, when I! so, let me say to the senator, I think if that iS to be the ·trouble is at hand, the load upon a President of the United policy of the United states we ought not to pass the neu States is almost incalculable, whether or not war has been trality resolution at all; that we should publicly proclaim ·declared between other nations, because upon his acts de what the Senator has referred to and enter into an open . pends very largely whether or not war will be declared, alliance with the nations to which our friendship should be upon what he does depends very largely whether we will pledged. be prepared for war when it does come. Mr. BORAH. No, Mr. President; I would always deter Mr. CLARK. Mr. President, will the Senator yield? mine the course of the United States by what I should Mr. BORAH. In just a moment. The Constitution has consider to be the interests of the United States. As I very wisely granted discretionary power with reference to said a moment ago, we had reached in our minds the con these matters. clusion that the success of the German cause meant an I yield to the Senator from Missouri attack upon free institutions and upon personal liberty Mr. CLARK. I entirely agree with what the Senator from everywhere, and that the United States would have to fight Idaho has just said as to the incalculable load which will for its existence; if they did not fight during the war they always be placed on the President with war of a general would have to fight after the war was over so far as Great character existing between foreign states. But does not the Britain was concerned. Senator think that that load is emphasized by discretion Do not understand me to be one of those who believe being lodgere laid before the -Senate ~leep tonight,-however, if I should fail to do what I think is messages from the President of the United states submit my duty-to present to the Senate. the importance of these ting a. nomination and a convention,-which were referred to inspections, which are not now adequate. the approprfate committees. Ships are sailing out of our ports which are not inspected. (For nomination this day received, see the end of Senate There are defects in them which ought to be found. Had I proceedings.) proceeded with my discussion .of communistic- activities~ I .ould have pointed out to the Senate how inflammable's have EXECUTIVE REPORTS OF COMMITTEES been found on ships, how chemicals have been discovered · Mr. LOGAN, from the Committee on the Judiciary, re which could ignite and cause fires. It is to protect against ported favorably the nomination of Rene A. Viosca, of New uch conditions that the inspections are made. So, because Orleans, La.; to -be United States attorney for the eastern of the very fact that the amount involved covers 2 months of district of Louisiana, now serving under court appointment. heavy travel, I appeal to the Senate to disregard the recom Mr. CHAVEZ, from the Committee on Foreign Relations, mendation for reduction in amount, and accept the sum to which was referred Executive A (75th Cong., 1st sess.) , a provided by the House. · convention between the United States-of. America and the · The PP~SIDENT pro tempore. . The question is on agree United Mexican States for the recovery and return of stolen ing to the amendment reported by the committee on page 4, or embezzled motor vehicles, trailers, airplanes, or the com line 11. [Putting the question.] By the sound the "ayes" · ·ponent parts of any of them, signed at Mexico City on have it. October 6, 1936, reported it favorably and submitted a report · Mr. COPELAND . . Mr. President, what is the situation? COMMISSIONER OF EDUCATION FOR PUERTO RICO · William Quinntmus-Jeffords, Jr.; to be major, Coast Artil- The legislative clerk read the nom.in;:ttion of Jose M. Gal lery Corps. lardo, of Puerto Rico, to be commissioner of education for Garland Cuzorte Black to be major, Signal Corps. Puerto Rico. George Anthony Patrick to be major, Coast Artillery Corps. Mr. KING. I ask that the nomination go over. Joseph Andral Nichols to be major, Infantry. The PRESIDENT pro tempore. The nomination will be Leon Lightner Kotzebue to be major, Infantry. passed over. Walter Christian Thee to be major, Quartermaster Corps. Thomas Reed Holmes to be major, Infantry. POST!(IASTERS Nicholas Dodge Woodward to be major, Infantry. The legislative clerk proceeded to read sundry nominations Edgar William King to be major, Coast Artillery Corps. of postmasters. Mr. McKELLAR. I ask . unanimous consent that the APPOINTME.N'XS, BY TRANSFER, IN THE REGULAR ARMY nominations of postmasters on the calendar be confirmed Capt. Harry Albert Fudge, Cavalry, to Quartermaster en bloc. Corps. The PRESIDENT pro tempore. Without objection, the Capt. Leonard Marion Johnson, Field Artillery, to Chem nominations of postmasters are confirmed en bloc. ical Warfare Service. IN THE ARMY PROMOTIONS IN THE NAVY The legislative clerk proceeded to read sundry nominations Heman J. Redfield to be commander. in the Army. Knefler McGinnis to be commander. Mr. SHEPPARD. I ask that the nominations in the Army Richard F. Whitehead to be lieutenant commander. be confirmed en bloc. Walfrid Nyquist to be lieutenant commander. The PRESIDENT pro tempore. Without objection, the Stephen B. Cooke to be lieutenant commander. nominations in the Army are confirmed en bloc. Fred J. Leatherman to be lieutenant. IN THE NAVY Stephen H. Ambruster to be lieutenant. The legislative clerk proceeded to read sundry nominations Charles H. Kendall to be lieutenant. in the Navy. Thomas A. Donovan to be lieutenant. Mr. ROBINSON. I ask unanimous consent that the nomi John C. Alderman· to be lieutenant. nations in the Navy be confirmed en bloc. James M. Williams to be chief pay clerk. The PRESIDENT pro tempore. Without objection, the POSTMASTERS nominations in the Navy are confirmed en bloc. U.LINOIS ADJOURNMENT TO MONDAY Lawrence L. McMorris, Greenup. The Senate resumed legislative session. Daisy Pedigo, Hindsboro. Mr. ROBINSON. I move that the Senate adjourn until George J. Pfaff, Itasca. 12 o'clock noon on Monday next. . Paul H. Ryan, New Holland. The motion was agreed to; and (at 5 o'clock and 30 Thomas· A. Dossett, Stanford. minutes p. m.> the Senate adjourned until Monday, May Charles E. Reilly, Winnebago. 3, 1937, at 12 o'clock meridian. NEW YORK John J. Lynch, Oscawana. NOMINATION PENNSYLVANIA Executive nomination received by the Senate April 29, 1937 Clarence R. Earnest, Delmont. UNrrEn STATES COMMISSIONER GENERAL FOR THE GREATER TExAs Mabelle G. Creen, Mountainhome. AND PAN A.MERICAN EXPOSITION Athay E. Brenneman, Portersville. Cullen F. Thomas, of Texas, to be United States Commis Nellie M. Graham, Torrance. sioner General for the Greater Texas and Pan American Exposition. HOUSE OF REPRESENTATIVES CONFIRMATIONS ~HURSDAY, APRIL_29, 1937 Executive nominations confirmed by the Senate April29,1937 The House met at 11 o'clock a. m. APPOIN'l'MEN'l'S IN THE REGULAR ARMY The Chaplain, Rev. James Shera Montgomery, D. D., Charles Douglas Herron to be major general offered the following prayer: · Walter King Wilson to be brigadier general. Almighty God, we praise Thee for the Christ, our Passover. PROMOTIONS IN THE REGULAR A.RMY It was He who bore tlie burden, wore the crown, and found Arthur Earl Wilbourn to be colonel, Cavalry. a throne in a sepulcher. We pray Thee to reach forth and Harry Bowers Crea, to be colonel, Infantry. warm our hearts and quicken our wills. Be with us in mercy Robert Christie Cotton to be colonel, Infantry. and wisdom, that there may be trust and mutual under Roy Alison Hill to be colonel, Infantry. standing among us. Separate us from those things which Charles Kilbourne Nulsen to be colonel, Infantry. cause jealousies and harsh contentions. 0 Thou Shepherd Stuart Clarence MacDonald to be lieutenant colonel, In of Israel, show us the light of Thy countenance and make us, fantry. as Thy servants, to delight in that which is good and up Horace Grattan Foster to be lieutenant colonel, Finance right in public and in private life. If we have wronged Department. our friends, if we have been false to ourselves, 0 Lord God, James MacKay to be lieutenant colonel, Finance Depart make us true. We beseech Thee to feed our minds and en ment. rich our hearts if we have been blind to the countless treas Stephen Roscoe Beard to be lieutenant colonel, Finance ures of our beloved country. In the Redeemer's name. Department. Amen. Emmet Crawford Morton to be lieutenant colonel, Finan~ Department. The Journal of the proceedings of yesterday was read and Edward Tiffin Comegys to be lieutenant coloneL Finance approved. Department. MESSAGE FRO]!of THE PRESmENT Montgomery Taft Legg to be lieutenant colonel, F"mance A message in writing from the President of the United Department. States was communicated to the House by Mr. Latta, one of Joseph Burton Sweet to be major, Infantey. his secretaries, who also informed the House that on the
SENATE APRIL 29 by Mr
