1917. CONGRESSIONAL RECORD-SENATE. 1'873

SENATE. S. 2663. An act granting the con ent of Congress to the 'Volf ·Creek Lumber Co. to maintain a bridge already constructed SATURDAY, October 6, 191'7. across Tug River ; (Leuislati'l:e day ot Friday, October 5, 1917.)' S. 2916. An act to amend sections 24 and ~56 of the Judicial Code, relating to the jurisdiction of the district courts, so as The Senate reassembled at 10 o'clock a. m., on the expiration to save to claimants the rights and remedies under the work· of the recess. men's compensation law of any State; W .A.R-RISK INSURANCE. S. 2920. An act authorizing the Secretary of War to donate 1\Ir. WILLIAl\IS. 1\lr. President, I ask for the present con­ to the State of North Carolina two brass cannon, with car- sideration and immediate adoption of the concurrent resolution riage; ' · which· I send to the Secretary's desk. S. 2937. An act granting the consent of Congress for the con­ The VICE PRESIDENT. The concurrent resolution will be struction of a bridge and approaches thereto acros:;; the Arkan­ read. sas Riv~r between the cities of I~ittle Rock and Argenta; The Secretary read the concurrent resolution (S. Con. Res. S. 2947. An act granting the consent of Congress to the city 15), as follows: of El Paso, Tex., to construct a bridge across the Rio Grande R esolved by the Senate (the House o(- Representatives concurring), River within or near the city limits of El Paso, Tex., such con­ That in the enrollment of the bill (H. R. 5723) entitled "An act to struction to be made '\\ith the consent and cooperation of the amend an act entitled 'An act to authorize the establishment of a Bureau of War-Risk Insurance in the Treasury Department,' approved Republic ·of Mexico ; ~eptember 2, 1914, and for other purposes," the Clerk be, and he is · H. R. 5646. An act to amend section 1585 of the Re\ised bereby, authorized and

'STREET ;:RA.JLW.AY tCO--.DITIONS 'TN THE .:DISTRICT •OF COL.illiBIA. 1865. From then until our trouble with Spain a few years ago, Mr. PlTTl\IA.._"'{. ·On-behalf of the special mrnmittee to inves- , which ended in Jiberation of the isle of Cuba, the pearl of the tigate .street railway conditions in the District of Columbia, I · Caribbean Sea, fram Spanish cruelty, we 11ad {:}eace until a few pre ent..a Te_port ·CN"o. 1.76) :and ·ask ·tlmt tt be printed . . months ago. The weapons used in those -contests were play~ The 'VICE P"RESIDE_ '~'T . That action will 'be 'taken. things compared with present-day methods of destruction. Dur­ ing the entire perjotl ·of her existence no threat bas ever been REPORTS OF ·COMMIT.I:EES. made to blight the liberties of her people; since tlle dnwn of 1\lr. -SMOOT, 'from the Committee •On Public iLantlsJ to which history no government 'bas i)laced as few burdens on its citizens. were · efen·ed the following bills, ~ ~eportei:l them -se:verally with- "The framers _of this Government bellev.etl in America fot• out amendment and submitted reports thereon: .Americans ID.ld :fancied ±bat with 3 000 Tllliles of ocean on one A ~ill ·(S. '93) to :consolidate Tiational TfOl'est lands (R.ept. No. , side and 10,000 on the other: we wo;ud sleep with our ·dreams 173) ~...... nndisturhed ·by European or Asilrtic complications. Submarine A bill [.S. 95) to proVIde for agocultura1 entnes on coal lands perfection has dissipated that distance and furled those watery d.n A..lll;ska (Rept. No. ~74)-; rand . . curtains of immunity. Dark shadows of assault, with threat- .A ·btU :(.S. ~02) relatmg to the tempor-ary filling of :vacanetes ened invasion and destruction have been floated over us and occurring in fhe .offices af r.e.gister ·and :receiver ·of district land , .the ·continued -enjoyment of ·o~· liberties is threatened. ·offices CRept. No. 1..75). "We -stretched our -arms across the Pacific nnd "'athered in Mr. Sl\UTH of Arizona •. .from the C?mmitt~ on Printing, to :fhe Hawaiian 'Isles, .and went .farthe:c over the bos~m of tbat which was rt:ferred .the J~irrt ·resolut:_ion ( S. J. Res. 10~ ~ to mighty heet nnd acguiTed the Philippines. That -move -chained provide further for the natwnal.security and defense by J.nsur- -om· -destinies to theirs. We -saw ·our elves thus drawn into ing to the ~ Go-ver_nme~t of the D~1tecl .states an adequate s~_pply Asiatic policies and questions. Up to now peace has remained of paper .at a fan: ;pn~e arui ·by · ~surm~ a st~pp1y an? egmtable undisturbed nnd we -pursued the noise1es tenor of our ·w.ay. distribnti<;m at. .fair -pnces to the mdustl'les ~f the United States, ; "We have fought no war with any foreign -power that was 1.'eported J.t Without amendment and submitted a ·report (No. not to :Preserve the freedom of the seas, the great highways of 177) thereon. · nations, and to preserve the rights and liberties of men. We 1 INAUGURATION OF PRESIDE T :AND ;viCE PRESIDE "T (S. 'DOC. NO. 116). have fought no war with any power ·that was provided with l\1r. ·SMITH of Arizona. From fue 'Committee on Printing, I present-day equipment for -conquest. and destt:uction. We haye -report back favorably Senate resolution '147, submitted by the wanted no war and have done nothmg to 1nv1te 'it, but we. wlll Senator from Florida [l\1r. FLETcHER] on the 5th instant, :and I meet it, regardless of cost, rather than surr~nder :our m.rtwnal ask unanimous eonsent for its present consideration. · honor and lose our self-respect. True Amencans •can die, but The 1·e olutioll (S. .Res. 147) ·waE .read, considered by unani- can not live as slaves. :mous consent, and agreed to -as follows : " Based upon the broad fundamental doctrine that man was Resolved That :the manuscript entitled "The Official 'Report of the · capable of e.tf-government and upon the fur-ther theory that Second Inauguration of Woodrow vycnson a~ President -of the United e"\-rery man Should have equnltty of opportunity to enjoy the States and Thoma,~ R. M:ushall .as V1ce .J>res1dent of the United Sta~es, ble sing of liberty and happiness, -onr Government has never ~n Marc!J. 5, 1917, be _prmted as a Senate document, with accompanymg 4l-~ed a cannon that did not ·echo a aesire to maintain the ri'O'hts ~usttatinns. LU b 'BILLS 'INTRODUCED. of .men to freedom an.d liberty. No shackles espea1r .1\lr. Sil\lliONS. .Mr. .President, I ask -unanimous .consent to their congnest, a do the statues in P.ari draped in mourning .bave printed in the -(Jol\-oRESSIDN.AL RECORD .a :patniotic .address silently lament the 1o of ..Alsace and Lonaine. deHvered 'by Judge 1V. M. 'Bond, of :Edenton, N.C., at Lumberton, "With ghouli h glee, a they poke of England' contemptible N. C., on August 30, ~917. 3: have reacl the ad.d.I;es , and it is a little army, we have·seen German soldiery laugh at their solemn very admirable one by one ofTthe prominent :men .of North Ca:ro- .treaty to ;respect tl.te integrity of Belgimn, calling it a "scrap of lina. rpnper," invade that happy and historic little country, ·converting The VICE 'PRESIDENT. is th·ere 'OlJjeetion? the . ites w..bere tood its splendid citie into international ceme- There being no objection, the address wa ordered to be terie where .to-day sleep the dead soldiers of .many nations and printetl iri the RECORD, as :follows: many climes. Like a pe tilenee which walked in the dru.·kn '.I1HE WAR _-\KD ·OUn DUTY. and .a de~truction that wasted .at .noonday., they have made grave- [ A patriotic address delivered by .Judge ·w_..1 \l. Rond, of Edenton, N. c., Fards of that hi toric country ~v.hich has never done them n at Lumberton, N. ·c., on the ·aOth day af .August, J.9J:7.J wrong. · ·Judge Bond said: "We have seen them become the pirate of nation , and by the "With the world Yelled in the gloom uf -war, alike upon its use of unders-ea boats Ri.nk hips and drown :noncombatant ·men surface, in the .Skies, and beneath -tbe bosom of its seas, with and helpless women and children. The ocean's bottom is -to-uay millions -dead and .millions perhaps yet to die, with the flower -strewn with the bones of .its victims. We have seen them .make ()f our manhood · pr~pai·ing to face its destruction, it may be desolate happy counh·ies that had done them no wron"', and :leave well -to s{:}eak of ·existing conditions. Fate has brought us face to starYntion-their for.rrrer citbr.ens; they have hammered down :to face with a di tre' sing situation. It has come ;uninvited cathedrals and college. with their cannon; trained their guns on 'llD.cl is not our fault. After Dnr Government was constructed Red Oro boat ; and slaughtered sleeping men, 'vomen, and :and our indepenoence had been won by ·srrc.ee · in the Revo1u- children by· dropping dynamite bombs at nigbt, their -vengeance ion our Nation began its career_ In spite of disasters p:l'e- \~Titing ·cruelty that would have brou(J'ht blm;lles to the ·eheek · dieted, .each closing decaae .has waved its aamiring trlhute to of the Goth, the Vandal, and the Hun, all done while ·they were beT growth and -progre , .and to-day her flag is :xes.pected on marching arm in arm with the unspeakable Turk, unCI boasting of .every ocean an.o her \Oice .is heeded in revery :council af :the the culture .and ivllization of the Rhine. Language mnst con­ nations. fess its poverty in any attempt to describe the wantonne of . '"'The W.ar of 1812 was feught with .England ana terminated. ;their cruelty and to 'Picture the deed "Which only bU1'1.:>arlan About :a quarter c.entnry later \\:e had war . w.itb l\Iexico . . That ·uould :have imagined. They , eem to enjoy it. ended by ·e tablishlng .American .so-vereignty to the 1ban.ks rof "1Ve have seen their repre entath7 e in office in our Capital, the Rio :Grande. In 1861 "-Te Jl.ad . the War between the :Stat . 11ndar the protection of om· tflag, ·enter·ing into inh·igues to ·incite It closed by a settlement of the slavery question and ·denial of 1\le:s::ico nncl Japan to make war upon u.s. We ha·ye re..'\d .of their tile right of tbe Southern States to secede from the Union in efforts to incite to rebellion the negroe of the South. They 1917. CONGR.ESSION AL. RECORD-SEN ATE. drowned our citizens while asserting their friendship for us. 1nte for difference of opinion. The utterance of every man ' Ve protested, but the outrages continued unabated. They were should be: making war upon us months before we declared that a state " ~fy country, my country, may she ever be right; of war exi teu. Any nation that would submit in its cowardice But right or wrong, my country. to such treatme:.1t without resistance should be swept .trom "No fancied freedom of speech gi\es to any man the right existence. It ought not to live and could not live. Struggle. to make disloy-al remarks after his country is at war. They for exi tence is a basic principle of life. Not an animal roams slwuld stand by the flag. beneath the forest shadeR, not a bird flies beneath the summer · " It is no time for difference of classes or views. Some com­ kie , not a fish cuts his way beneath the bosom of the ueep, but plainers say it is a rich man's war. There has been no war in must be ever alert to resi t efforts aimed at its destruction. So w·hich that tatement was not made. It was being said in Eng­ is eternal vigilance the price of liberty with man. land, when the sons of wealthy men were falling at the front; " Staggered. by their c:l.isregard of size and sex in their efforts while at the same moment workers in munition factories were to stage a frightfulness at which barbarians would shudder, striking for higher wages. Away with such utterances. For we wonder if Atilla, the Hun, the scourge of ·God, would not lie better or for worse we are in it. Except by absolute loss of dissati fiec:l. in his grave if he knew how they had surpas ed him. self-re pect we could not stay out. If we ha>e disloyalty in Faced with duty of selecting whether we would purchase peace our ranks those possessing it should be ilent. at price of surrendering honor, or whether we would die if " In teac:l. of calling it Europe's war, in the language of Gen. neces. ary to maintain it, we were forced into the war. 'Ve are 'Wood at Fayetteville, 'we should thank Goc:l. that we have the told by some it is not our war, and they pretend not to know trenches of the allies behind which to prepare for the struggle.' what we are fightino- for. Only the blind should fail to see, in " Let us march shield locked tv shield, e>ery man c:l.etermined this panorama of bloodshed and slaughter, a studied effort to to do all he can to prevent the destruction of ~-\merican liberty, float the flag of Prus ·ian domination over every capitol of the trusting in God for success. The selecti>e draft all must admit globe. Since the clo e of the Franco-Prussian war not a day is ab olutely fair. Each in turn as drawn must go. There is has pas ed without strengthening the German dream for ab o­ nothing in it open to complaint. Its validity has been adjudged lute world control. Are we ready for them to have it? Kot an in t11e Federal" court. \Vho furnished the money to assail it? allied soldier's blood has crimsoned the snows of the Carpathians, " In closing upon t11is subject a word as to the duty of those not one died. at the forts of Liege, not one fell at the :Marne, an(1 who will not be sent to face the cannon and rifles of the battle not one has fallen on the field of and but whose field: E\·ery person should produce what he can. A starving heart's blood. flowed. to preserve free goYernment and freedom world appeals to us for food. Hunger stalks abroad to-day over for man. T:l;ley were fighting as much for us as for themselYes; many countries of Europe. It may come here. He who feeds a they died that our c:l.e cenc:l.ants, as well as their's, mio-ht be free. ·oldier helps to win the war. Extra-vagance shoulu be a-voided Is it cowarilice, demagoguery, politic., or ignorance which inakes anc:l. economy practiced. No wa te should be permitted. We any say it is not our war? must \Yin, or ruin awaits us. Success can not be easily attaine{l. "Every American soldjer who dies on the battle fields of A nation '"hich boils the bodies of its dead soldiers to extract Europe should have ft.oating oYer him the inscription: oil with which to run its engines and grinus their bones into fertilizer can not l:}e easly subdued. We must prepare to meet " lie died that American liberty might live ; lie died to stay the iron band of Prussian despotism. the gloom that death lists will bring to us. We know they are coming. \Ye must prepare to meet the taxation burdens. \\ill ".A.re we craven descendants of ancestors who e blood was demagogues trr to capitalize it? hed for us? Some say, from what motives we do not know, ' Every man whose R\arice commands him to make commer­ that we have no right to . end om· soldiers to die in Europe. cial warfare on those who are to go to the front, or on the A.ppalling as the· threatened destruction is, it is astounding that families and dependents they may leave, should have the eyes of .:\.merican citizens, de cendants of men whose blood on the fields censure riyetecl upon him. 'Ve should live or die together. of tlie Revolution bouo-ht the liberties we enjoy, should be Cries. of greeu should be silenced. The tongue of the agitator weakening the arms of their Government, in a state of actual should be still. Play no politics in gambling with the Hves of war, by creating distrust anu c:l.issension, and making utterances men. The contest is on bebYeen preservation of human liberties, calculated to destroy loyalty and patriotism ancl give comfort or· leaving to our descendants slm·ery to despotism. It is too to the enemies of their country. In the face of the enemy, in late for assertion of individual opinion. Who lends aid and a state of war, are not words and conduct calculated to de­ comfort to our enemies in this struggle will himself die a stroy loyalty to our ft.ag in every respect moral treason? No traitor to his nati>e land and a deserter to his family an<1 his man unwilling to support his flag should be protected by it. descendants. Let e-very soldier who marches to the front feel "l\fany treasonable utterances have been made. From now that he has behinu hlm the unui vided support of every American on let every man make a note of such. by whom spoken, when. man and woman. If he (.lies, he die for them. They should. and where, and who heard them, so that when the smothered not de. ert him. God pity the man who stands not by the flag resentment of those who e relatives nrc facing the struggle of his country. That flag, our homes, and our country call. shall burst into flame, as it \Vill when the ueath lists float their Let ns turn no deaf ear to that call. · harrowing sorrow over us, and then inflame

humanity. Secretary Daniels, of our State, is the directing Naval emergency fund (addi­ tional torpedo-boat destroy­ head of our Navy. Senator Snn.w s is chairman of the Senate ers, submarine chasers, Finance Committee. They are now and have been at e-very naval small craft, aircraft, step standing side by side with the Pre ident. Neither has done guns, etc:) ------115, 000, 000. 00 Coast submarines, at a cost any act to weaken, hinder, or embarrass. They have done not exceeding $1,300 each, all in their power to help. Patriotic devotion to their flag exclusive of armor and ar­ has characterized their conduct. The Old North State has mamenL______18, 000, 000. 00 To expedite consh·uction of grave re ponsibilities resting upon her. She is not ashamed of ships______12,000,000.00 her past. Let us preser>e her future untarnished. "There may be orne Americans whose conduct should have Total, naval act______$517,273,802.08 General deficiency act of the second session of the a warded to them the Kaiser's iron cross for distinguished Sixty-fourth Congress : services rendered. We should not want it, but must prepare Claims for damages ______$128.18 lest we meet the fate of crucifixion upon it. Pay, miscellaneous ______124,180.33 " The great conflict will stagger many of us ; to what ex­ Bureau of Ordnance ------­ 315,000.00 Bureau of Yard~ and Docks._ 746,000.00 tent we are not now permitted to Jrnow. Determination to do Bureau of Medicine and Sur- our duty and to take with calm resignation whatever comes gery ------42,698.19 should be our aim. We should have faith in the guiding power Bureau of Supplies and Ac- which shapes our destinies. counts ------3, 445, 304. 06 BurReauepau of ______Construction and _ " Whether this cyclone of world madness be a part of the 1,715,000.00 great plan of existence or whe-ther it be caused by the weakness Bureau ef Steam Engineer- ing_ ------1,668,840.00 of men we mq.y not know; but we can feel assured that the Naval Academy------­ 5,200.00 unseen force which from the center of the seas calls the wild Marine Corps ------846,318.00 waves to quiet and whispers peace to the storm-~wept forest Total, general deficiency acL ______8,908,668.76 can in its own proper time command the stacking of arms and By legislative, executive, and judicial and other stop the flowing of rivers of blood. acts------·------2,417,162. 22 " With duty done and faith in the Guiding Power, we must Total, Sixty-fourth Congress, second session_ 528,599,633.06 man the ship of state and pray she may sail on, sail on, while By the urgent deficiency act, Sixty-fifth Congress, humanity, with its hopes, its feru·s, its smiles, its tears, is hang­ first session : ing breathless on her fate." Paf, miscellaneous ------­ $1,801,500.00 Avmtion ------11,000,000. 00 ADDRESS BY HON. GEORGE SUTHERLAND (S. DOC. NO. 11!>). Bureau of Navigation ______19, 516, 124:. 00 Bureau of Ordnance------­ 198,066,024.00 1\fr. McCUMBER. I ask unanimous consent that an address Bureau of Yards and Docks_ 14. 713, 500. 00 of the president of the American Bar Association, Hon. George Bureau of Medicine n.nd Sur- gery------7, 300, 000. 00 Sutherland, of Utah, may be printed as a public document. Bureau of Supplies and Ac- The VICE PRESIDENT. Is there objection? The Chair counts ------_ 142, 933, 084. 87 hears none. · Bureau of Construction and Repair______5~32~340.00 PROMOTION OF EXPORT TRADE. Bureau of Steam Engineer- ing ------34, 960, 500. 00 Mr. POMERENE. I ask unanimous consent to proceed to Naval Academy------380, 000. 00 the consideration of the bill (H. R. 2316) to promote export ]darine Corps______26,806,961.00 trade, and for other purposes. Before the question is put I Total, urgent deficiency act (first)------­ 514,805,033.87 may say that it is not my expectation or desire to ask for final urgent deficiency act, Sixty-fifth Congress, first action. My sole purpose is to have the bill made the unfinished session: Aviation ------$45, 000, 000. 00 business, so that it may be taken up at the beginning of the Naval emergency fund (addi- next session. tio>J.al torpedo-boat de- Mr. SMOOT. Tlle Senator will immediate-ly ask that it be stroyers, submarine chas- temporarily laid aside? ers, and other naval craft) ------100,000,000.00 Mr. POMERENE. If that is the desire of the Senate, I Civilian consulting board___ 75, 000. 00 shall do so. Bureau of Navigation______850, 000. 00 The VICE PRESIDENT. Without objection, the Chair lays Bureau of Ordnance ______152,677,123.50 Bmeau of Yards and Docks_ 19, 965, 000. 00 the bill before the Se-nate. Urgent deficiency act, Sixty-fifth Congre , first The SECRETARY. A bill (H. R. 2316) to promote export trade, se ion-Continued. and for other purpo e . Bureau of Supplies und Ac­ counts ------­ $4,500,000.00 The VICE PRESIDENT. The bill will be temporarily laid BPreau of Stearn Engineer- aside. ing ------10, 200, 000. 00 APPROPRIATIO~S FOR NAVAL ESTABLISHMENT. Naval Academy ------18,900.00 1\larine Corps ------­ 3,150, OOO.JO Mr. SWANSON. Mr. President, I have prepared an e timate Increase of the Navy (addi- tional torpedo-boat de- of appropriations and contract authorizations for the Naval Es­ stroyers, etc.)------225, 000, 000. 00 tablishment and Navy Department for the fiscal year ending June 30, 1918. I ask to have the e estimates of expenditures Total, urgent deficiency act (second)------561,436,023.50 and authorizations printed in the RECORD. 1,604,840,6!l0.43 The PRESIDING OFFICER. Without objection, that will be Contra~r~~h~t~~~tl~nalp_r~~~~~~~~======::.===== 271,851,175.50 done. The matter referred to is as follows : Total appropriations :md contract authoriza- App·ropriations ana contract author-izations tor the Naval Establishment tions ------1,876,691,865.03 ana Na1Jfl D epartment for {iscaZ year .191B. By the naval act : MA~UFA.CT1..TRE A:\-n STORAGE OF EXPI.OSITES. Pay, miscellaneous :tnd con- tingent, Navy______$7,575,000. 00 1\Ir. \\7 ALSH. 1\Ir. President, I ri e to a question of the Bureau of Navigation _ _,__ __ 7, 910, 430. 54 highest privilege, not of per onal prh·ilege, but of the privilege Bureau of Ordnance______43,594,359.00 of the Senate, and call the attention of the Senate to the fact Bureau of Yards and Docks_ 2, 784, 000. 00 Public works, · Bureau of that on ye terday the signature of the Vice Pr~sident was al"l· Yards and Docks______16,976,255.01 pended to the bill H. R. 3932, e-vidently by an inadvertence, Bureau of Medicine and Sur­ while a motion wa pending before the Senate a.nu undispo ed gery------1, 4;15, 478. 00 Bureau of Supplies and Ac­ of, for the recon ideration of the -vote by which the conf renee counts______76,268,719.55 report upon that bill was adopted. Bureau of Construction and Repau______13,725,000.00 I advi e the Senate fl.U'ther of the fact that on Monday, the Bureau of Steam Engineer- 1st day of October, a resolution of the Senate wa adoptoo re­ lUg______12,965,000.00 questing the House to return that bill to the Senate. The Naval Academy------909, 049. 20 Marine Corps______13, 358, 187. 78 request was submitted to the House and by certain proceeuinrrs Increase of the Navy (3 bat- in the House v;·as clispo~ed of without even the courtesy of a tleships, 1 battle cruiser, 3 t·eply to the request of the Senate, as I mn advised. I shall scout crui ers, 15 destroy­ r·efer to the proceeding had in the H ou e directly. ers, 1 destroyer tender, 1 The request of the enate thus being ignored by the Hou e, ~~~~~a~~~m~~~:r)_~~~-~~ _174, 762,323.00 the bill was pre ented to the Speaker, signed by him, and re- 1917. CON GRESSION.AL RECORD- SENATE . 7877 turneu to the Senate, and, as I am aclviseu, being laid on his reason for its refusal !nay be deferred to be considered at sorue desk, waJ si •ned by the Vice President. later day. It is a matter that has no more interest to me than The VICE PRESIDENT. Let the Chair make a statement to any other Member Of the Senate, and I shali not suggest what as to his signature to the bill. The Chair has to rely exclu­ action should be taken; but, Mr. President. the Senate cer­ sively upon the biJls that come to his desk. There is no way tainly should auvise the Pre ident of the United St:1 tes that · the Chair· can keep a record of them. the signature of the Presiding Officer of this body was a:ffixed 1\Ir. WALSH. I had not time to inquire how it can be pos­ to the bill inadvertently, so that be may know that it is in sible for a thing of that kind to occur. I assumed that one of fact still pending before and undisposed of by this body. I the clerks was charged, as a matter of course, with the duty of have accordingly drawn a resolution to that effect. seeing that no bills were laid upon the table of the Vice Presi­ Mr. BRANDEGEE. I would like to submit a question to the dent that had not been finally disposed of by the Senate. Senator, if it would not interrupt him di a~reeably. Was any The VICE PRESIDENT. I know nothing about that. There rea on given by the gentleman in the House, whom I under­ is no way to keep on my desk a record of the proceedings when stood the Senator to be quoting from,_ as to why the action bills come to we to be signed. of the Senate in accepting a conference report was not subject Mr. WALSH. I a sumed that one of the clerks is charged to a motiqn to reconsider, ~ as any other action of the Senate with that duty; but I "·ant to call the attention to the proceed­ would be? ings had in the Hou e on the request made by the Senate for Mr. WALSH. I have reatl the entire discussion on that point. the return of the bill. I read from the REcor:o of October 4, as Mr. BRANDEGEE. I beg the Senator's pardon ; I was not follows-- on the floor when the Senator began, and if he could briefly The VICE PRESIDENT rapped for order. tell me without reading it all over again I would be obliged Mr. WALSH. I assume that it will be of some considerable to him. interest to the enate to see how its request to the House for Mr. WALSH. No reason was urged except apparently the the return of :! bill ~as uisposed of, '\Tithout even a reply from Member of the House, frcm whose remarks I have quoted, took that body. I read as follows: the position that when the Senate had once concurred in a con­ IN TilE SEXATE OF THE UNITED STATES, ference report the action was final. October 1, 1JJ17. Mr. BRAl'lDEGEE. No reason was given? Resolced, That the Sec1·etary of the Senate be directed to request the Mr. WALSH. No reason was given. House of Representatives to return to the Senate the bill (H. R. 3!:132) "to prohibit the m:mufacture, distribution, storage, use, and po. session 1\Ir. BRANDEGEE. There is no reason. in time of war of explosives, providing regulations for the safe manu­ 1\Ir. 'V ALSH. I offer, in view of the situation, the following factur~. dlstribution, storage, use, and possession of the same, and for other purposes," with accompanying conference papers. resolution. ..Utest: The VICE PRESIDENT. The resolution will be read . J.u.~Es M. BAKER, Secretary. The resolution (S. Res. 148) was read, as fo11ows: :llr. FOSTER. l\Ir. Speaker, as I obserTed the reading of the resolution, Resolved, That the Secretary of the Senate be. and be is hereby, it seems to me that is an unusual form of resolution coming from the directed to advis~ the President of the United States that the signa­ Senate. ture of the Vice President wa~o:: inadvertf'ntly affixed to tbt> bill (H. R. 3932) "to prohibit the manufacture, dL<:tributlon, storage, u e, and I pan e to remark, 1\Ir. Pre ident, that I am aunsed by the possession in time of war of explosives; providing reg-ulations for the clerks and the Secretary of the Senate that the resolution is safe manufacture, distribution, storage, use. and posse!;:sion of the same, and for other purposes," and while there was ~nding before the in the usual and customary form. In fact, the form was drafted Senate a motion to reconsider the vote by which the report of the by one of the ex.vert clerks of the Senate. committee on conference to said bill was adopted. The conference report on this bill was agreed to by the Senate on September 28- Ur. WALSH. I ask for the adoption of the resolution. The VICE PRESIDENT. The question is on agreeing to the Within the time limited by the rules of the Senate I lllOVed resolution. to reconsider tbe vote by which that conference report was The resolution was agreed to. agreed to, and the customary resolution for the recall of the bill was adopted by the Senate as provided by its Rule XIII. THE ORD ANCE DEPARTMENT. The House agreed. to it on September 29. A motion was made to The joint resolution (H. J. Res. 162) authorizing the e:xpendi· reconsider, and to lay that motion on the table, which was agreed to ture of money upon lands purchased for use of the Orunance in the House, and the Clerk of the House reported to the Senate that the House had agreed to the conference report, when it was supposed Department of the Army without reference to section 335 of the that that was the end of the matter, and that the bill would be en­ Revised Statutes was read twice by its title. rolled and presented to the President. The orderly proceeding between 1\Ir. 1\lAHTIN. This is a very important resolutioll, an of two Senators be appointed by the Vice President, to join 11. similar committee appointed by the House of Repre~ in the manner I have indicated. scntatives, to wait upon the President of the United States and inform It is but just to the House to state that after the motion for him that the two Houses, having completed tbe business of the present the recall of the bill was adopted a concurr nt re:olution was ses ion, are ready to adjourn, unless the President has some other com~ passed by the Senate directing the enrolling clerk to in ert munication to make to them. language in the bill which was omitted from the conference re­ The VICE PRESIDENT. Is tl1ere objection to t~e present port. That went to the House and wn::s nonconcurred in there. con lueration of the re olution? but the request of the •'enate for the return of the bill remains The re ·olution was considered by unanimous consent and on the table of the House. agreeu to. Now just wlmt action the Senate shoi1ltl t.1ke to uphold its The VICE PRESIDE~T. The Chair appoints Mr. MABTIN own dignity in view of the substantial declination of the Honse antl ~lr. SMOOT as the committee on the part of the Senate to either to comply with its reque~t or cYen to communicate it wait upon the President. 7878 CO-NGRESSIONAL REOORD-SE~ _.:;\_TE. OCTOBER 6,-

VTIEE SPEECH AND THE RIGHT OF CONGRESS TO DECLARE THE OBJECTS I am aware, .Mr. President, that in pursuance of this general OF THE WAR. campaign of •illification :md nttemptell intimidation, requests ~lr. L-\. FOLLETTE. Mr. Presillent, I rise to a question of from Yarious individuals and certain organizations have been personal privilege. submitted to the Senate for my expulsion from this body, and I have no int~ntion of taking the time of the Senate with a that such requests have been referred to anu considered by one of review of the. events . which led to our entrance into the war the committees of the Se:utte. except in. so far ns they bear upon the question of personal privi­ If I alone had been made the victim of these attacks, I should lege to which I am r.ddressing myself. not take one moment of the Senate's time for their consldera· Six Members of the Senate and 50 Members of the House tion, and I believe that other Senators who have been unjustly voted against the declaration of war. Immediately there was and unfairly assailed, as I have been, holcl the same attitude let loose upon those Senators and Representatives a flood ot upon thi:S that I do. Neithm· the clam.or of the mob n01· the in"\"ective and abuse from newspapers and individuals who had voice of powe1· will evet· tun~> me by the breadth of a hair from, been clamoring for war, unequaled, I believe, in the history the co.urse I mark out for tnyself, g'uided by stteh lcnowledge as of civilized society. I can obtai-n and controlled and directed by a solemn co11victio1l Prior to tlHi declaration of war every man who had ventured of right and duty. · to oppose our entrance into it had been condemned as a coward But, sir, it is not alone 1.\Iembers of Congress that the wnr or worse, and even the President had by no means been immune party ill this country has sought to intimidate. The mandate from these attacks. seems to haYe gone forth to the sovereign people of this country Since the decJaration of war the triumphant war press has that they must be silent while those things are being done by t:>ursued those Senators and Representatives'who voted against their Government which most vitally concern their well-being, war with malicious falsehood and recklef!sly libelous attacks, their happiness, and their lives. To-day and for weeks past going to the extreme limit of charging them with treason against honest and law-abiding citizens of this country are. being terror­ their country. ized and outraged in their rights by those sworn to uphold the This campaign of libel and character assassination directed laws and protect the rights of the ..)eople. I have in my posses­ against the Members of Congress who opposed our entrance into sion numerous affida\its establishing the fact that people are the war has been continued down to the present hour, and I being unlawfully arrested, thrown into jail, held incommunicado nave upon my desk newspaper. clippings, some of them libels fo:· days, only to be evantually discharged without eve.: ha\ing upon me alone, some directed as well against othet· Senators been taken into court, because they have committed no crime. :who voted in opposition to the declaration of war. Private residences are being invaded. loyal citizens of uncloubtecl One of these newspaper reports most widely circulated rep­ integrity and probity arrested, cross-examined, and the most resents a Federal judge in the State of Texas as saying, in a sacred constitutional rights guaran.teed to every American citi· charge to a grand jury-I read the article as it appeared in the zen are being violated. newspaper and the headline with whi<:h it is introduced: It appears to be the purpose of those conducting this campni~u DISTRICT JUDGE WOULD LIKE TO ~·A.KE SHOT AT TRAITORS I~ COXGRESS. to throw the country into a. state of terror, to coerce public · [By .Associated Press leased wire.] opinion, to stifle criticism, and suppress discussion of the great · HousTc~, ~I.'Itx., October 1, 1917. issues involved in this war. .Tm~~e Waller T. Burn~. of the Unit('d States district court, in chat·g­ I think all men recognize that in time of war the citizen must ing a Federal grand jury at the beginning of the OctobeL' term to-day1 after cal!ing by name Senators STONE of Missouri. HARDWICK or surrender some rights for the common good which he is entitled Georgia, VARDAMAN of Mississippi, Gno~N.\ of North Dakota, GORE of to enjoy in time of pence. B11t, sir, the 1·ight ·to control their OJ.tlaboma, and LA. FoLLETTE of Wisconsin, said: · · otcn Governme-nt according to constitutional forms is not one ·• Jf 1 had a wish, I would wish that you men had jurisdiction to re­ turn bills of indictment against these men. They ought to be tried of the 1·ights that the citizens of this cowttry are called tlpon promptly and fairly, and I believe this court could administer the Jaw to smTender in time of 1om·. talrly; but 1 have a conviction, as strong as life, that this country should stand them up against an adobe wall to-morrow and give them Rat11er in time of war the citizen must be more alert to the what they deserve. If any man deserves death, it is a traitor. I wish preservation o:f his right to control his Government. He must that I could pay t'or the ammunition. I would like to attend the execu­ be most watchful of the encroachment of the military upon the tion, and if I were in the firing squad I would not want to be the marksman who had the blank shell." civil power. He must beware of those precedents in support · The above clipping, 1\Ir. President, was r;ent to me by another of arbitrary action by administrati\e officials, which excu ed Federal judge, who wrote upon the margin of the clipping that on the plea of necessity in war time, become the fixed rule when it occurred to him that the conduct of this judge might very the necessity has passed and normal conditions have been re­ properly be the subject of investigation. He inclo ed with the stored. clipping a letter, from which I quote the following : More than aU, the citizen and his representati\e in Congress I have been greatly depressed by the brutal and unjust attacks in time of war must maintain his right of free speech. More that great business interests have organized against you. It is a than in times of peace it is necessary that the channels for freo time when alJ the spirits of evil are turned loose. l 'he Kaisers of public discussion of governmental policies shall be open nnd un­ high finance, who have been developing hatred of you for a generation because yvu have fOl,ght against them and for the common good, see clogged. I believe, Mr. President, that I am now touching upon this opportunity to turn the war patriotism into an engine of attack. the most important question in this country to-day-and that is They. are using it everywhere, and it is a day when lovers of democracy, the right of the citizens of this country and their representatives not only In the wc,rld, but here in the United States, need to go apart on the mountain and spend the night in fasting and prayer. 1 still in Congress to discuss in an order1y way frankly and publicly have faith that the forces of good on this earth will be found to be and without fear, from the p1atform and through the press. greater than the forc2s of evil, but we all need resolution. I hope every important phase of thi. war ; its causes, the manner in you will have the grace to keep your center of gravity on the inside of you and to keep a spirit that is unclouded by hatred. It is a time which it should be conducted, and the term upon which peace for the words, "witb malice toward none and charity for all." It should be made. The belief which is becoming widespread in is the office of gre-at service to be a shield to the good maL's character this land tlutt this most fundamental right is being denied to agalnst malice. ~ Before this fight is over you will have a new revelation that such a s.Jield is yours. · the citizens of this country is a fact the tremendous significance . If this newspaper clipping were a single or exceptional of which, those in authority have not yet begun to appreciate. instance of lawless defamation, I should not trouble the Senate I am contending, 1\Ir. President, for the great fundamental right :with a reference to it. Bnt, Mr. President, it is not. of the sovereign people of this country to make their voice heard · In this mass of newspaper clippings which I have here upon and lla\e that voice heeded upon the great questions arising my desk, and which I shall not trouble the Senate to read out of this war, including not only how the war shall be prose· unless it is desired, and which represent but a small part of the cuted but the conditions upon which it may be terminated with accumulation clipped from the daily press of the country in a due regard for the rights and the honor of this Nation and the Just three months, I find other Senators, as well as myself, the interests of humanity. accused of the highest crimes of which any man can be guilty­ I am contending for this right becau e the exercise of it is treason and · disloyalty-and, sir, accused not only with no neces ary to the welfare, to the existence, of this Government, eviden·ce to support the accusation, but without -the suggestion to the successful conduct of this war, and to a peace which shall -that such eYidence anywhere exists. lt is not claim~d that be enduring and for the bet interest of this countrj·. Senators who opposed the declaration of war have since that Suppose success attends the attempt to stifle all discussion of time acted ·with any concerted purpose either regarding war the i ·sues of this war, all di ·cussion of the terms upon which it n:.ensures or any others. They ba\e voted according ~o their sl!ould be concluded, all di._cussion of the objects and purpo es to individual opinions, have often been opposed to each qther· on be accomplished by it, .and concede the demand of the 'Yar-mncl bills which ha'l"e come before the Senate since the declaration press and war e:rtre~I!U:~ that they mo.t;~-op<_>lize the right _of pub­ Of "·ur, an

RrGHT OF PEOPLE" TO DISCI::SS W AR ISSUES. power ought not to be confided to the perilous exercise of one single man. The convention therefore resolved to guard the war·making 1\Ir. Pre iu es wWch its wi 1om devised was to vest the war-making power in the Congres:;r ing to their Government, In war not le ~ s than in p0ace, fo1· in of the United States, being the immediate representatives of the people this Govermuent the people. are the rulers in war n· less than and the States. So apprehensive and jealous was the convention of in peace. It is true. sir, that Members of the House of Repre­ its abuse in any other hands that it interdicted the exercise of the power to any State in the Union without the consent of Congress. sentatives are eleeted for mo years, the President for four Congress, then, in our system of government, is the sole depository of years, and the Members of the Senate for six years, and during that tremendous puwer. their tempora1·y official terms these officers constitute wha.t is Mr. President, it is impossible for me to quote as extensively called the Government. But back of them always is the con­ from this address as I should like to do and t i II keep within trolling sovereign power of the people, and when the people can the compass of the time that I have set down for myself; but make their will known,. the faithful officer will obey that will. the whole of the address is accessible to eYery Senator here, Though the right of the people to express their will by ballot · together with all of the discussion which followed it over the is suspended during tile term of office of the elected official, country, and in these times it would seem to me worthy of the nevertheles the duty of the offk1.al to obey the popular will review of Senators and of newspaper editors and of those who continues throughout his entire term of office. How can that have duties to discharge in connection with this great crisis popular will express itself between elections except by meetings, that is upon the world. by speeches, by publications, by petitions, and by addresses to I quote further: the representative of the people? Any man who seeks to set The Constitution provides th.:U ERI CAN STATES.:IlE);. act to declare for what objects the present war shaH be longer p-rose­ cuted. I suppose the President would not hesitate to regulate his Henry Clay, in a memorable adclress at Lexington, Ky., on conduct by the pronounced will of Congress and to employ the force and the diplomati~.: power of the Nation to exeeute that wm. But if the 13tJl day of November, 1847, during the Mexican War, took the President should decline or rE>1use to do so and, in contempt of a. strong position in behalf of the right of the people to freely the supreme authority of Congress~ ehould persevere in waging the discus~ every question relating to the war, even though the dis­ war for other objects than those proclaimed by Congress, then It would be the imperative duty of that t ocly to vindicate Its authority by the cussion involved a sh·ong condemnation of the war policy ot most stringent and effectual and appropriate measures. And If, on the Executive. He also declared it to be not only the right but the contrary, the enemy should refu e to conclude a treaty containing the duty of the Congress to declare the object of the war_ As stipulations securing the objects designated lly Congress, it would be­ come the duty of the whole Government to prosecute the war with all a part o:f that address he presented certain resolutions embody­ the national energy until those objects were. attained by a treaty of ing his: news: on the e subject . These resolutions were adopted peace. There can be no insuperable difficulty in Congress making such: at that meeting by the people present, and were adopted at many an authoritative declaration. Let it resolve, simply, tllat the war shall or shall not be a war of conque t ; and, if a war of conquest; other mas meetings throughout the country during the con­ what is to be conquered. Should a resolution pass. disclaimlng the tinuance o:f the 1\lexican War. design of conquest, peace would follow in less than 60 days, if the For introducing in this body some t ime ago a resolution President would conform to his constitutional duty. asse1:ting the right of Congress to ng to collective opinions. wisdom of the Nation in Congress as~emWe d, or is it >ested solely in a · single functionary of tile Government? · Abraham Lincoln was a Member of COngress at the time of A declaration of war i<; the highest and most awful exercise of sov­ the Mexican Wru:. He strongly opposed the war while it was in ereignty. The convention which framed our Federal Constitution had learned from the pages of history that it had been often and greatly progress: and severely criticized President Polk on the :floor o.f . abused. It had se

. • • . • . this same gives a long without 1· Sir free spee<;:lUuu.l not-been uppressed. Th right of the peo- m~nt!t-sshowmg us that as to the endP.re~id~~t he Jumself has even anmessag~, fmagmary con- ' . . . ~ . -. ception. As I have.e.aid he knows not where he is. He is a bewihlered, ple to a emble and to st&te thmr gnevances was still an attn­ confounded, and miserably perplexed m!ln· God grant he :rp~y 'be able bute of .Americ:m freedom. Mr. Webster said: t?. show the.re is ~?t ·omething about his conscience more pamful..than jl ~·e are, in my op:;Jion, in a most unnecessary and therefot·e a mo t hiS mental perplexity. unJustifiable war. . . · ""\Vriti~g to a f:·ienu who had object_ed to ~1i · opposi~ion t9 P?lli: j ''Yl~oen•r expects to. whip men, free men, in this country into _a m relation to th1 power of the Pre Hlent m war, Lmcoln s:::ud: positron where they are to be denied the right to exercise the The provision of the Constitution giving the war-making power to same freedom of speech and discussion that Webster exercised Congress was dictated, as I understand it, by the following reason~: in that speech little understand the value which the al'erage Kiligs had alwnys been involving · and impoverishing their people in citizen of this country places upon the liberty guaranteed to wars. pretending generally, if not always, that the good of the people was the object. This our convention-understood to be the most opprcs- hfm by tlie Constih1tion. Sir; until the ·acrifices of el'ery battle sive of all kingly oppressions. and -they resolved to so frame the Con- field consecrated to the e ta blishment of repre ·entative govern­ stltution thnt no man should bold the power of bringing this oppL·ession rnent and of con titutional freedom shall be obliterated from uJ_>on us. l~ut your Yiew destroys the whole matter and places our President where kings have always stood. · the page of ·history and forgotten of men, the plain citizenship .I now quote from 'the speech of Charles Stlmner, deliYereu at of ·this_country will jealohsly guard that liberty and that free- Tremont Temple, Boston, No-rember 5. 1846. dom and '\\ill not surrendet· it. .John A. Andrew, wllo was the great war governor of Massa- ·To return·to my text.' Mr. 'Vebster said: We are. in my opinion, in a most unnecessary and therefore a most chu ~tts, as I - remember, presided at this public meeting, which unjustiflable war. I hope we are nearing the close of it. I attend '\\a in support of the independent nomination of Pr. I. G. carefully and anx.iou ly to. every rumor and every breeze that brings to Howe as Representative in Congress. 1\fr. Sumner was followed us any report tbat the effusion of blood, caused, in· my judgment, by a by Hon. Charles Francis Adams, who also deli-rered an address rash and unjustifiable proceeding on tbe part of tbe Government, may at this meeting. cease. . 'This is the view of Mr. Sumner on the 1\le:x:ican War, which He makes the charge that the war was begun under false was then in progre s, as expressed by ·him on this occasion: pretexts, as follows: • - Now, sir, the law of nations instructs us that there are wars of pre· ··.rhe :t\Iexican Wat· is an enormity born of slavery. "' * * Base in texts.· The history of tile world proves that there have been, and we object, atrocious in beginning, imruo1al in all its !nfluences, vainly a1·e not now without proof that there are, wars waged on pretexts; ')l'Odigal of treasu:e nnd life, i~ IS a war:- of iatamy, which must blot that is, on preten es, where the cause assigned is not the true cause. the pages of our history. _ Tha:t I believe on my conscience is the true character of the war now in!! his eloquent and powerful address, he said: waged against Mex:ico. I believe ft to be a war of pretexts·; a -war ln In Clos ~ which the true motln is not distinctly avowed, but in which pre- E-r~n if we seem to fail in this election we shall not fail i'n reallty. tepses, afterthoughts, eyasions, and other methods are employed to put The 'influence of thi effort will help to awak~n and organize that pow- a case before the community which Is not the true case. erful public opinion by which this war will at last be arrested. Hang Th' k l\1 TP b t t 'tl · h' t't t' 1 out, fellow citizens, the white banner of peace; ret the citizens of Bos- . 111 - you r. "'e ·- er wa · no WI nn I' con · 1 u wna ton · rally about it; nnd may it be borne -forward by an enlightened, rights in thus criticizing -the character of the war, its origin. conscientious people, arou ed to condemnation of this murderous war, and the rea ·ons which were gin~n from time to time in justifi­ llDtil Mexico, now wet wlth blood unjustly sbcd, shall repose undis- cation of it? turbed beneath its folds. Contrast this position taken by Charles· Sumner at Tremont 1\Ir. Web ter discusse at length what he considers some of tile 1'emple with that of the Secretary of the Treasury, l\1r. l\IcAer shall be Eilenced I want to say herf' and now and with due hope it to be tJ'ue-that a majority of the next House of Representa­ rleliberation that eYery pacifist speech in this country made at this tins will lJe Whigs; will be opposed to the war. I think we have inopportune and improper time is in effect traitorou ·. heard from the East and the West, the North and the South, some In these times we had better turn the marble bust of Charles things that make that pretty clear. Suppose it to be so. What then? Sumner to the ,Tall. It ill becomes ~hose who tamely surrendet· Well, sir, I ·say for one. and at _once, that. unless the President ot the 1•1·2:ht of free . peech to look upon that stron~, noble, patr·l'oti'c United States shall mal;:e out a case which shall show to Congress the ~ ~ that the aim and object for which the war is now prosecuted is no face. purpose not connected with the safety of the Union and the just rights :1\It·. President, Daniel W~bstet·, then in the zenith of ht's of the American pf'ople, then Congress ought to pass resolutions against the prosecution of the war, anJ grant no further supplies. I would power, and with the experience and 1."Uow1edge of his _long' life speak here -with caution a.nd all just limitaHon. It mu t be admitted nnd great public serTic in many. capacities. to add weight to to be the clear intent of the Constitution that no foreign war hould exi t without the as ent of Congress. Thi wa meant a a re traint hi words, spoke at Faneuil Hall, November 6, 1846, in opposi- on the Executi•e power. But, if, when a war has once begun, th tion to the Me)dcan 'Yar. He said: · Pre ident may continue it as long as he pleases, free of all control of 1\lr. Chairman, I wi h to ;,;peak with all soberness in this respect, Congress, then it i clear that the war power is substantially in hls I ld 'hi h t · ht h' h I ld · own single hand-. Nothing will be done by a wise Congress hastily or and wou say no. nf ere o-mg w Ic · wou not say m my rashly, nothing that partakes of the. nature of violence, OT' 1'eckless- place in Congress or be ore the whole world. The question now is, ness; a high -and tlellcate regard . must, . of course, . be had for the For what pu1·poscs and to what ends is t11is present war to be honor anu credit of the Nation: but, after all, it the war houler Colony 1 had had no chance t~ express their Yiew · nt nu ele~tion. Af~et· - ~ne~n~0 t~~I ;f t~~~ ~·reni~~~~o fe~~~~ :1~/I~~f.e t~~g1~t (~inngotfi~~tr:slittt~ referring to the doctrine then pre:1ched by the dommn ut factwn ~hild left in the whC!Ie of tlle~e .tw_o new· terri~ori~s. The worst ot' · it of the Senate that 'Iftel' war is declared it mnst be prosecntet1 1s that I -ca_n not restst the concluswn that theu llves could have been _ • L ' ' ' .> • • • t t'l ~·d . !;a>e nt' offered to the Boer commanders not to attack the lines of the mon·ey and E-\·er .v able-bodied man m America to ca rry Jt on If ncPol _ communication. * "' '' If I were to despair for the future of be, who also contend that it i · the right of tbe Pre Went, wlthc-ut tbc this country it would not be lle<:ause of tJ·ade competition . fr.c{)m contro) of Congres ·, to march yoUL' e~bcdied hosts to :Monteref, to either America or Gf.'rmany, or the ineffectiveness of its army, or any­ Yucatan, to M~:Ytro, to Panama. to Chma, and tb!lt un!1er penal Y of thing that might happen to its ships; but rather because it used its death to the officer who disobey · him-tell me. I demanrl 1t of you-tell ~reat, bulking strength to torture. a little child, Had" it ·not been tha~ me, tell th-e American people, tell the nations of Cbristen~om, what hi ministry bad shown distinct symptom of softening of the brain, I i · the diiierencc lletween yom· democracy and the most odwu1: .. most would call the torpor aucl Indifference they are ~bowing In face ·of aU hateful despotism. that a merciful God bas e.er allowec1 a natiOn ~ 0 this, criminal. It is a maddening horror, and it will haunt the Empire be afflicted with sicre ~o>ernment on earth began'! -You may rail tbJS to its dying hour. What wonder i _it that Europe sh9nld mock and free government, but it. is such freedom, and no other. as of old was hiss at us'! Let any hone ·t Bi·iti her fearlessly search his heart and establlshed at Babylon, at Susa, at BactJ·ina, or Persepolis. Its parallel ans"·er this que tion : Is there any ground fot~ the reptoach flung at us is scarcely to be founught _ 1t were an Amerzcan, as l um an Enghshman, wh1le a fot·elgn troop was Janclrcl in my conn try 1 ne\'cr would Jay down m.r arm . Never! inch by inch ancl step by step from the floor of the Eng!tsh Ne\'er! Ncnor! Parliament. Afte1: his death Gladstone, although he had· heen a part of the minLtry. that Bright hnfl opposed uecause of the 1\lr: Presi lent. I hnn~ 1mule these quotations from some of Crimean "\\ar, elected tlli. · as the theme for his eulogy _of the the len .~t portraying his high charncter nncl gn•nt free speech wn · no ne\\ cloctrine born of the Constitution of the senice to the English people. Unitetl , 'tates. -Our Con titution merely-declnretl the principle. Lloyd-George nggre ·iyely . o~posei.l t~e Boer 'Var. Sp~ah.iug.ill. It . 1900, m reply to the prtme mm- which hn. · been " ·on by incalculable ..:ncrifice, and which they must pr£>serve so long as they hope to li-ve n ~ free men. -I say ister, he said : He bas led us into two blunders. The tlt·:;:t was tl1_e war. nut worse ,Yithont fenr of contmdietion thnt there has ne-ver been n time than the· war is the change that bas been effected m the purpose for for more than a century and n hnlf when tl1e right of free which we arc prosecuting the war. We went into the war fot· rqual speech and ft·ee pres ~ n tHl the right of the people· to. peacenbl.v right ; we-are prosecuting it for an~exation . • • ,• Y~u entered in~o ns:-:emble for · IJUb~ic di::;etksion ha,-e been so Yiolated among these two Republic- for pbllanthrop1~ purpose and remamed to commlt burglary. • • • A w:u of. unnexa twn, J;Iowe,-er, against a prou~ p~ople English-spenldng 110ople as they are ~·iolnted to-clay throughout moRt be a war of exterminatiOn, and tbat Js;unfortunately, what 1t seem .. the Unitell Stntes. To-dny, in the lnnefT now is preci. ·ely the time when the ~onntt·r needs the counsel hei:::bt and excitement of· the fP~I?t'. He wants a verdict llefore tlle of all it. citizen.·. In .time of wat· e\et1 more than in time of pleadings are rlosensurcd news, supprC"sscd dlspatcbe , and ·unpaid istration ot· not. these precious fundamental persona] rights­ bills. free , peerh. free pre !'-!, nml 1·~g!1t of m-:semblage so expli~itly In -n· ~peecll deli\·ererPr,r pl'cparntion fo1· wn1· cnn be _made derue ·s.! · He sniti : · · · · the' <>xcnse ft·ll. ch an togetht>l' fo't• pE>ncefnl (lisen ~iou, co:onr camp. - was -nt the rate of 19!:! pe1· thousancl per annum,. nncJ , iu theu w·e1uny well , 1\Ir. Ptesident, we are in a war the awful consequences of they would have nothing to say. The framers of the Constitu­ which no man can foresee, which, in my judgment, could have tion believed that they had guarded against this in the lan­ been avoided if the Congress had exercised its constitutional guage I have quoted. They placed the entire control of this power to influence and direct the foreign policy of this country. subject in the hands of the Congress. And it was assumed that On the 8th day of February, 1915, I introduced in the Senate debate would be free and open, that many men representing all a resolution authorizing the President to invite the representa­ the sections of the country would freely, frankly, ancl calmly, tives of the neutral nations of the world to assemble and con­ exchange their views, unafraid of the power of the Executive, sider among other things, whether it woulcl not be possible to uninfluenced by anything except their own convictions, and a lay dut lanes of travel upon the high seas and through proper desire .to obey the will of the people expre sed in a constitutional negotiation with the belligerent powers have those lanes recog­ manner. nized as neutral territory, through which the commerce of neu. Another reason for giving this power to the Congress was tral nations might pass. This, together with other provisions, that the Congress, particularly the House of Repre entatives, constituted a resolution, as I shall always regard it, of most was assumed to be directly responsible to the people and would vital and supreme importance in the world crisis, and one that most nearly represent their views. The term of office for a should have been considered and acted upon by Congress. Representative was fixed at only two years. One-third of the I believe, sir, that had some such action been taken the his­ Senate would be elected each two years. It was believed tory of the world would not be written at this hour in the blood that this close relation to the people would insure a fair rep­ of more than one-half of the nations of the earth, with the resentation of the popular will in the action which the Congress remaining nations in danger of becoming involved. might take. Moreover, if the Congress for any reason was un­ I believe that bad Congress exercised the power in this respect, faithful to its trust and declared a war which the people did which I contend it possesses, we could and probably would have not desire to support or to continue, they could in two years avoided the present war. at mo t retire from office their unfaithful Representatives and Mr. President, I believe that if we are to extricate ourselves return others who would terminate the wru·. It is ti·ue that from this war and restore this country to an honorable and within two years much harm could be done by an unwise decla­ lasting peace, the Congress must exercise in full the war powers ration of war, especially a wru· of aggression, where men were intrusted to it by tbe Constitution. I have already called your sent abroad. The framers of the Constitution made no pro­ attention sufficiently, no doubt, to the opinions upon this subject vision for such a condition, for they apparently never contem­ expressed by some of the greatest lawyers and statesmen of plated that such a condition would arise. the country, and I now venture to ask your attention to a Moreover, under the system of voluntary enlistment, which little closer examination of the subject viewed in the light of was the only system of raising an army for use outside the distinctly legal authorities and p1·inciples. country of which the framers of the Constitution bad any CO~STITOTIONAL PROVISIONS INVOLVED. idea, the people could force a settlement of any war to which Section 8, Article I, of the Constitution provides: they were opposed by the simple means of not volunteering to The Congress shall have pown· to lay and collect taxes, duties. im­ :fight it. posts, and excises to pay the debts and provide for the common defense The only power relating to war with which the Executive wns and general welfare of the United States. intrusted was that of acting as Commander in Chief of the In this first sentence we find that no war can be prosecuted Army and Navy and of the militia when called into actual without tbe consent of the Congress. No war can be prosecuted service. This vrovi ion is found in section 2 of Article II, and without money. There is no power to raise the money for war is as follows: except the power of Congress. From this provision alone it The PresidP.nt shall be Commander in Chief of the Army and Navy of must follow absolutely and without qualification tnat the duty the United States and of the militia of the several States when called of determining whether a · war shall be pro ecuted or not, into the actual service of the United States. whether the people's money shall be expended for the purpo·se of Here is found the urn total of the President's war powers. war or not rests upon the Congress, and with that power goes After the Army is raised he becomes the General in Command. necessarily the pQwer to determine the purposes of the war, for His function is purely military. He is the General in Com­ if.the Congress doe not approve the purposes of the war, it may mand of the entire Army, just as there is a general in command refuse to lay the tax upon the people to prosecute it. of a certain :field of operation. The authority of each is con­ .Again, section 8 further provides that Congress shall hu>e fined strictly to the field of military service. The Congress power- · must raise and support and equip and maintain the Army ."To decln.re war, grant letters of marque and reprisal, and make which the President is to command. Until the Army is raised rulE'S concerning captures on land and water; To raise and support armies, but no appropriation of money to that tbe Pre iuent has no militru·y authority over any of the persons. u e shall be for a longer term than two years ; that may compose it. He can not enlist a man, or provide a To provide and maintain a Navy; uniform. or n single gun, or pound of powder. The cotmtry may To make rules for the government and regulation of the lanu and naval forces; be invaded from all sides and except for the command of the To provide for calling forth the militia to execute ihe laws of the H€gular Army, the President, as Commander in Chief of the Union, sup pre s in urr~t!on, and . repel inva. io_n :. . . . Army, is as powerles as any citizen to stem the tide of the in­ To provide for orgamzmg, armmg, and dtsciplining the mtlitia, and for governing such part of them as may be employed· in the service vasion. In such case bis only re ort would be to the militia, as of the United Stutes. re l:'rving to the Stutes., respectively, the appoint­ provided in the Constitution. Thus completely did the fatbet·s ment of the officer and the authority of framing the militia according of the Constitution strip the Executive of military power. · to the discipline prescribed by Congress. It may be ·saifl that the duty of the President to enforce the In · the foregoing grants of power, which are as complete as 1riws of the country carries with it by implication control o-ver langtlnge can mul~e them, there. is no ~1ention of the President. the military forces for that purpose. and that the decision as Nothing is omitted fron1 the powers conferred upon the Con­ to when the laws are violated, and the manner in whieh they gress. Even the power to make the rules for the government should be redressed, rests '' ith the President. This whole rna t· .1917. ·ooNGR.ESSIONAL R.ECO.R.D-SENATE . 7883

t ei was considered in the famous case of Ex parte 1\Iillignn 1\lr. LA FOLLETTE. Well, sir, I am discussing the constitu­ (4 V\' all., 2). The question of euforcing the laws of the United tional question here, and Senators must make their own app1i· State:·, however, does not arise in the present discussion. The cation. laws of the United States have no effect outside the territo1·y Pomeroy, in his " Introduction to the Constitutional Law () [ of the United States. Our Army in France. or our Navy on the the United State " (9th edition, 1886, p. 373), says: high seas may be engaged in worthy enterprises, but they are The organic law nowhere ptescribes or limits the causes for which not enforcing the !aws of the United States, and the President hostilities may be waged against· a foreign country. The causes of toar derives from his constitutional obligation to enforce the laws of it lea1;es to the di::;cretio7~ and judgmetlt of tlie legis~ature. the country no power to determine the purposes of the present In other words, it is for Congress to determine what we are war. fighting for. The President. as Commander in Chief of the The only remaining provision of the Constitution to be con­ A.rmy, is to determine the best method of carrying on the fight. sidered on the subject is that provi ion of .Article II, section 2, But since the purposes of the war must determine what are the which provides that the President- be t methods of conducting it, the primary duty at all times rests upon Congre~s to -declare either in the declaration of war or Shall have power by and with the consent of the Senate to make treaties, providing ttvo-thirds of t11e Senate present concur. subsequently what the objects are which it is expected to This is the same section of the Constitution which provides accomplish by the war. that the President "shall nominate, and by and with the adnce In Elliot's De.bates (supplement 21.1 edition, 18GG, p. 439, and consent 0f the Senate, shall appoint ambassadors, other vol. 5) it is said:. There is a material difference between the cases of making war anLl public minister , consuls, judges of the Supreme Court," and making peace. It should be more easy to gP.t out of war than into it. so forth. In the same volume, at page 140, we find: Obserye, the President under this constitutional pr_ovision Mr. Sherman said he considered the executive magistracy as · n ot hin~ gets no authority to declare the purposes and objects of any more th:m an institution for carrying the will of the leg"islature into war in which the country may be-engaged. It is true that a effect. treaty cf peace can not be executed except the President and the Story, in his wor~~ on the Constitution (5th edition, 1891, p. Senate concur in its execution. If a President shoulc~ refuse 92), says: to agree to terms of pence which were proposed, for instance, The history of republics has but too fatally proved that they arc too by a resolution of Congress, and accepted by the parliament ambitious of military fame and conquest ami too easily devoted to the interests of demagogues, who flatter their pride and betray t11eh· of an enemy nation against the will, we will say, of an em­ inte1·ests. It should, therefore, be difficult In a republic to declare 1oar, peror, the war would simply stop, if the two parliaments but 110t to ma.ke peace. The representatives of the people are to lar agreed and exercised their powers respectively to withhold sup­ the taxes to support a war, and therefore have a right to be consulted plies; and the formal execution of a treaty of peace would be as to its propriety and necessity. postponed until the people could select another President. It I commend this language to tho e gentlt>men, both in and out is <1eYoutly to be hoped that such a -situation will never arise, of public office, who condemn as treasonable all effort~, either by anll it is hardly conceivable that it should arise with both an the people or by their representatives in Congl"es ·, to discuss Executi\e and a Senate anxious, respectiy-ely, to discharge the terms of peace or who even Yenture to suggest ·that a peace is not constitutional dutie of their office. But if it should arise, under desirable until such time as the President, acting solely on his the Constitt1tion, the final authority and the power to ultimately own responsibilit~·, shall declare for pt>ace. It is a strange doc­ control is vested by the Constitution in the Congress. The trine we hear these clays that the mass of the people, who pay in Prt>.·iuent cnn no :mQre make a treaty of pence withou~ the ap­ money, misery, aml blood all the co ts of this wnr, out or pro,·al not onlj· of the Senate but of two-third of the Senator which a favored ft>w profit so largely, may not freely and pub­ LWe~ent than he can appoint a judge of the Supreme Court licly nators and the President are. requires that Ordronaux, in his work on Constitutional Legislation, says: the negotiations which lead up to the making of peace should This power (the war-making ~ow er) 1he Constitution has lodged in Congress. as the political department of the Government, and more be pnrticipated in equally by the Senators and by the President. immediate representative of the will of the people. (P. 495). For Senators to take any other position is to shirk a plain dutY· On pnge 496, the same author points out that- is avoid an obligation imposed upon them by the spirit ~0 and 'l'he general power to declar plain language of the Con­ i ntE~.rests require that war shall cease must therefore necessat·Hy stitution, the precedents and authorities are all one war. I shall ;est in Congress. not attempt to pre ent them all here, but only refer to tho ·e I hn\e already referred to the fact that Lincoln, " ·ebster, Clay, which haYe peculinr application to the present situation. · Sumner, Corwin, and others. nil contended and declnred in 'Vatson, in his work on the Con.:titution, ~olume II, pnge 915, the midst of war that it was the right-the con titutional right­ says: and the patriotic duty of American citizens, after the declara­ The authority of the President ovet· the Army and Navy to command tion of wnr, as well as before the declnration of war, and whilE! and control is only subject to the restrictions of Congress to make the "Wal' was in progress, to discuss the issues of the war, to rules for the government and regulation of- the lund and naval forces criticize the policies employed in its prosecution, and to work • • • ~either can impair or invade the authority of the other: • • • The powers of the President (under the war clan e) are only for the election of representatiYe · pledged to carry out the will those which may be called "military." of the people respecting the war. Let me call yonr attention to what Jnmes 1\latlison, -who be­ The same author on the same an.d succeeding page points out came the fourth President of the United States, said on tile sub­ that the President a · Commnnder in Chief of the Army may ject in a speech at the constitutional con•ention, June 29, 1787: direct the military force in such a ''ay as to most effectively A standing military force, with an o,·ergt·own Executive, will not long injure the enemy. He may eyen direct an invasion of enemy be safe companions to liberty. The means of defense against foreign territory. But, says the author, this can be done "temporarily, dangers have always been the instrument of ~t·anny nt home. A::noY'g the Romans it was a standing maxim to excite war whenever a revolt however, only until Congress bas defined what the permanent was apprehended. Throughout nil Europe the armies kept up under policy of the country is to be." the preten e of defenrling have enslaved the people. It is perhaps How, then, can the President declare the purposes of the war que tionable whether the best concerted system of absolute power 1n to IJe, to extend permnnentry the territory of an ally or secure Europe could maintain :itself in a situation where no alarms of external for nn ally damages eithu· in the form of money or new teni­ danger could tame the people to the domestic yoke. · tory? I non- imite your attention to some of the precedents estab­ 1\'Ir. KING. 1\Ir. President, w ill the Senator yield for a question? lished by Congress showing that it bns e:xerci'sed almost ft·om 1\lr. LA FOLLETTE. I prefer not to yield, if the Senator will the time of the first Congre ·s substantially the powers I mn urg· permit me to continue. I can hardly get through witllin the ing it shout;1 assert now. time allotted, and I am certain to be lli•erted if I begin to yield. COXGRESSIONA-L PRECEOEXTS. 1\JJ'. KING. I just wanted to nsl\: the Senator whether he 1\lany of the precedents to which I shall now briefly refer will think the President of the United States hns conh·a,ened anv be founcl in Hinds' Precedents, \Olume 2-i .- chapter 49. My nu­

originated and_the Sennte agreed to a reso.- Resolved, etc.,. First That the people of the island o-f Cuba are, and of right ought to be, free a.nu independent. Se<>ond. That it is the duty of the United States to demaod, and the T aldng into d ew til e PI' C' ent state of the world, the peculiar situatlon Go-vernment of the United States does berehy S ean not see with indlffer1!n re Third. That th~ Pre ident of the United States be, and be- hereby is. anv pa.rt of. the ~p a nish Province adjoining the said States eastwat·d directecJ antl empowerPd. to use the entin land and naval forces of of· the River Perdido. p ss from the hands of l:5pain into those of any the United States, and to call into the actual service of the United other foreign powet·. States the militht of the several "'tates, to such extent as may be neces­ sary to carry these resolutions into effect. In 1821 1\Ir. Cfay introduced the following resolution, which Irourth. That the United States hereby disclaimt; any di position or pn.:;o::ed the- Hou ~ : intention to exercise sovereignty. jurisuiction, or control over sald Resol!:ed,. That toe Rou ·e of Rep.resentatives participates with the island except for the pacification ther€of, and a erts its determination, people of the- United States in the deep, interest whlch they feei for the when that is acc-omplished, to ieave the goveFnmeat and control of sueN:>s o.f the Span i b· Province· of ~outh America. wbfch are ~>truggling the island to its people. to t'stabJisb. theh· liberty and mde!)<"nd2nce, and tllat-it will give Hs con­ stitutional support to the F1:esidPnt of the nlted States whenever be On April 28~ 1D04, a joint resolution was passe<.I by both may deem it expedient to recogmze the sovereignty and independence of Houses of Congress in the following terms : any of the said Provinces. That it is the sense of the Congre s of the United States that it is In 1825 there wa a long debate in the House relating to an desir-able in the inte-rests of uniformity of action by maritime States in time of war, that the President endeavor to brin~ about an under­ unconditional appropriation for the expenses of the mini ters standing among the principal maritime power , with a vie'v to in­ to the Panama CO'ngre . According to l\lr. Hinds's summary of corporating into the permanent law of civilized nations the prinl' 'ple this <'lebnt~. the oppo ition to the amendment, led by .Mr. of the exemption of all private property at sea, not contraband of war, from capture or destruction by belligerents. Webst~r. was that- ·whue the Hon. e had an undoubted right to express its general Here it wm be observed that the Con.gre s prop sed by reso­ opinion In regard to que tions of foreign polic:v, in this case it was lution to dire-ct the President as to the policy of exempting from proposPd to dPci{le what shculd be discussed b:v the partiruJar ministers alrPady appointt>d. lf such in~tructions might be fm·nished by the capture private property at sea. not contraband of war, in not Bouse in tbi!' t ase they might be furnished in all, thus usurping the only one war merely but in all wars~ p.1·oviding that other mari­ power of the ExecuUve. time powers could be brought to adopt the same policy. So far James Buchanan and John FO'rsythe. who. argue-d in favor of as I am a ware, there is an unbroken line of precedents by Con· the aru€ndment, "contended that it did not amount to an in­ gre s upon this ~ubj_ect down to the time of the present admini - struction to diplomatic agents. but was a proper expression of tration. It is true that in 1846 President Polk, without con­ opinion by the Honse. The H0use had always exercised the sulting Congre s. n umed to send the Army o.f the United right of expres ing its opinion on great qu~stion , either foreign Stntes into territory the title of which was in dispute between or clomestie, anu uch expressions were never thought to. be an the United States and l\1exlco, thereby precipitating bloodshed improper inte-rference with the Executive." and the Mexican War. But Jt is also true that th.i act was con­ In April. 1864, the House originated and passed a resolution demned as unconstitutional by the great constitutional lawyers declarinO' that- of the country. and Abmham Lincoln, when he became a Mem­ It did nnt accord with the policy of the United States to ncknowl­ ber of the n~xt Congress, voted for and supported the re olution. edge a monarcbi( al go' t'rnment erected on the ruins of any repu.b­ called the Ashmun amendment. which passed the House of lican government in America under toe auspices of any European power. Rep.re entative , •Jec-laring that the l\Iexican War had been- TTnnece~RarBy and ttn('{)nstitutionally be~n by the President of the On :May 23 the Hou~e pas ed a re. olution requesting the United States. (See Scllouler's History of the l:Jifited States,. voL 5. President to comnmnieate- any explanation given by the Gov­ P- 83. See ulso Lincoln's speech in the !louse of Representatives, ernment of the United Stntes to France respecting the sense JaJL 12, 1848.) and bearin~ of the joint resolution relatiYe- to Mexico. That the fnll significance of this resolution was appreeiated The Pre·ident transmitted the correspondence to the House. by the House of Reprc. entatives is shown by the speec-h of The correspondence disclosed that Secretary Sewar(1 had l\Jr. Venabl~. Representative from North Cnrolina, and a wurm transmitted a copy of the r esofution to our minister to France, supporter of President Polk, made in tbe Rouse, January 12, with the explanation thnt- 1848, where referring to this resolution he says : ThL"' is a vractical and purely executive question. and the decision Eighty-five Members of this House sustained that amendment (r@o of its constitutionality l:.elonys not to the Honse of Representatives ferring to the Ashmun amendment) and it now constitutes one of our or even to Congress but to the President of the United :States. recorded a~s . I will not here stop to inquire as to the moral efl'ect After a protracted struggle, evidently accompanied with upon the Mexican people and the Mexican Government which wtll result to us from such a vote in the midst of a war. I suppo e gentlemep have much feeling, the House of Repre, entntives adopted the fol­ fully weighed this matter. Neither will I now inquire how modi such lowing resolution. which had been reported by ~Ir. Henry a vote will strengthen our · ~ redit or facilitate the Government in fur­ the niRhing the necessary supply of troops. • • • 'Vinter Davis fl'om Committee on Foreign Affairs : They [referring to his fellow Members in the House of Representa­ Resol'!;ed, That Congress has a constitutional right to an authorita­ tives] have said by theh· votes that the President has violated the tive voice in declaring and prescribing the foreign policy of the United Constitution in the most flagrant manner; that e-very drop of blood States as wel! in the recognition o.f new powers as in other matters.. which !Jas been shed, evE>ry bone which now whitens the plams of and it is the com=titutional duty of the Presi.dent to respect that policy. Mexico, every heart-wrino : n~ agony which has been proclui'Pd: must be no less in dlpJomatic negotiations than in tile use of the national f orce placed. to his account who has so flagitiously vfolated the Const1tntlon when authorized by ia1e. and involved the Nation i.n the horrors of war. This the majodty of It will be observed from the language last 1·ead that it was this House have declared on oath. The grand inque t of the Nation have asserted the fact and fixed it on their records, and I here demand a umcd as a matter of course that Congress had an autl1orita. of them to impeach the President. tive voice as to the use of the national forces to be marte in That Mr. Lincoln was in no manner deterred from the dis­ time of war. aud that it was the con titutional duty of the charge of his duty n he srrw it is evidenced by the fact tllat on President to respect the policy of the Congres ~ in that regard, the clay following the speecb of Representative Venable. Lin~ and 1\Ir. Davis in the resolution just read m·gued that it was coin replied with one of the ablest peeches of his career, the the duty of tbe Pre ident to respect the authority of Congress opening sentences of which I desire to quote. He said: in diplomatic ne-gotiations eyen as he must respect it wben Some, if not atl, the gentlemen of the other side of the Bouse, who the Congress determined the policy of the Government in the have addressed the committee within the last tw•J day , have spoken use of the national force . The portion of the resolution I haye ratbe~.· comptainingJy, H I have rfghtly understoort them, of the vote given a we~k o-r 10 days a~o, declaring that the ·war with Mexico was just read was adopte

1917. CONGRESSIONAL RECORD-SENATE ·. 7885

Since the Constitution vests in Congress the supreme power There may be some necessity overpowering enough to justify to determine when and for what pm-pose the country will en­ these things, but the people of America should demand to know gage in war and the objects to attain which the war will be what results are expected to satisfy the sacrifice of all that p1·osecuted, it seems to me to be an evasion of a solemn duty on eivilization holds dear upon the bloody altar of a conflict which the part of the Congress not to exercise that power at this critical employs such desperate methods of warfare. . time in the Nation's affairs. '.rhe Congress can no more avoid The question is, Are we to sacrifice millions of our young its responsibility in this matter than it can in any other. As men-the very promise of the land-and spend billions and the Nation's purposes in conducting this war are of supreme more billions, and pile up the cost of living until we starve-and importance to the country, it is the supreme duty of Congress for what? Shall the fearfully overburdened people of this coun~ to exercise the function conferred upon it by the Constitution try continue to bear the brunt of a prolonged war for any objects of guiding the foreign policy of the Nation in the present crisis. not openly stated and define-d? A minor duty may be evaded by Congress, a minor responsi­ The answer, sir, rests, in my judgment, with the Congress, bility avoided without disaster resulting, but on this: momentous . whose duty it is to declare our specific pUl'poses in the present question there can be no evasion, no shirking of duly of· the Con~ war and to state the objects upon the attainment of which we gress, without subverting our form of government. If our Con­ will make peace. stitution is to be changed so as to give the President the power CAMPAIGN SHOULD BE MADE ON CONSTITUTIO 'AL LINES, to determine the purposes for which this Nation will engage in And, sir, this is the ground on which I stand. I maintain that war, and the conditions. on which it will make peace, then let Congress has the right and the duty to declare the objects of that change be made deliberately by an amendment to the Con­ the war and the people have the right and the obligation to dis~ stitution proposed and adopted in a constitutional manner. It cuss it. would be bad enough if the Constitution clothed the President American citizens may hold all shades of opinion as to the with any such power, but to· exercise such power without con~ war; one citizen may glory in it, another may deplore it, each has stitutional authority can not long be tolerated if even the forms the same right to voice his judgment. An American citizen may of free government are to remain. We all know that no amend~ think and say that we are not jUstified in prosecuting this war ment to the Constitution giving the President the powers sug­ for the pnrpo e of dictating the form of government which shall gested would be adopted by the people. We know that if such be maintained by our enemy or our ally, and not be subject to an amendment were to be proposed it would be overwhelmingly punishment at law. He may pray aloud that our boys shall defeated. not be sent to fight and die on European battle fields for the The universal conviction of those who yet believe in the anpexation of territory or the maintenance of trade agreements rights of the people is that the first step toward the prevention and be within his legal rights. He may express the hope that of war and the establishment of peace, permanent peace, is to an early peace may be secured on the terms set forth by the give the people who must bear the brunt of war's awful burden new Russia and by President Wilson in his speech of Janu~ more to say about it. The masses will understand that it was ary 22, 1917, and he can not lawfully be sent to jail for the th~ evil of a one-man power exercised in a half dozen nations expression of his convictions. through the malevolent influences of a system of secret diplo~ It is the citizen's duty to obey the law until it is repealed or macy that plunged the helpless peoples of Europe into the awful decl.:red unconstitutional. But he has the inalienable right to war that has been raglng with increasing horror and fury ever fight what he deems an obnoxious :aw or a wrong poli\!y in the since it began and that now threatens to engulf tlle world be· courts and at the ballot box. fore it stops. It is the suppressed emotion of the masses that breeds revo­ No conviction is stronger with the people to-day than that lution. there should be no future wars except in case of actual in­ vasion, unless supported by a referendum, a plebiscite, a vote If the American people are to carry on this great war,- if of ratification upon the declaration of war before it shall be­ public opinion is to be enlightened and intelligent, there must come effective. be free discussion. And because there is no clearness of understanding, no unity Congress, as well as the people of the United States, entered of opinion in this country on the part of the people as to the the war in great confusion _of mind and under feverish excite~ conditions upon which we are prosecuting this war or what the ment. The President's leadership was followed in the faith that specific objects are upon the attainment of which the present he had some big, unrevealed plan by which peace that would administration would be willing to conclude a peacef it becomes exalt him before all the world would soon be achieved. still more imperative each day that Congress should assert itb Gradually, reluctantly, Congress and the country ·are begin~ constitutional power to define and declare the objects of this ning to perceive that we are in this terrific world conflict, not war which will afford the basis for a conference and for the only to dght our wrongs, not only to aid the allies, not only to establishment of permanent peace. The President has asked share its awful death toll and its fearful tax burden, but, per­ the German people to speak for themselves on this great world haps, to bear the bt'Utlt of the war. issue; why should not the American people voice their convic· And so I say, if we are to forestall the danger of being drawn tions through their chosen representatives in Congress? into years of war, perhaps finally to maintain imperialism and Ever since new Rus ia appeared upon the map she has been exploitation, the people must unite in a campaign along consti~ holding out her hands to free America to come to her support in tntional Jines for free discussion of the policy of the war and declaring for a clear understanding of the objects to be at­ its conclusion on a just basis. tained to secure peace. Shall we let this most remarkable revo­ Permit me. sir, this word in conclusion. It is said by many lution the world has e\er witnessed appeal to us in vain? persons for whose opinions I have profound respect and whose \Ve have been six months at war. We have incurred financial motives I know to be sincere that" we are in this war and must obligations and made expenditures of money in amounts already go through to the end." That is true. But it is not true that so large that the human mind can not comprehend them. The we must go through to the end to accomplish an undisclosed Government has drafted from the peaceful occnpations of civil pu-t·pose, or to reach an unknown goa-l. life a million of our finest young men-and more will be taken I believe that whatever there is of honest difference of if necessary-to be transported 4,000 miles over the sea, with opinion concerning this war, arises precisely at this point. their equipment and upplies, to the trenches of Europe. There is, and of course can be, no real difference of opinion The first chill winds of autumn remind us that another win­ concerning the duty of the citizen to discharge to the last limit ter is at hand. The imagination is paralyzed at the thought whatever obligation the war lays upon him. of the human mi ery, the indescribable suffering, which the Our young men are being tak~n by the hundreds of thousands winter months, with th ~ir cold and sleet and ice and snow, must for the purpose of waging this war on the Continent of Europe, bring to the war-swept lands, not alone to the soldiers at the possibly Asia or Africa, or anywhere else that they may be front but to the noncombatant at home. ordered. Nothing must be left undone for their protection. To such excesses of cruelty has this war descended that each 'Ihey must have the best army, ammunition, and equipment nation is now, as a part of its strategy, planning to starYe the that money can buy. They must have the best training and the women and children of tlle enemy countries. Each warring best officers which this great country can provide. The de­ nation is carrying out the unspealmble plan of starving non­ pendents and relatives they leave at home must be provided combatantN. Each nurses the hope tl1at it may bre.nk the spirit for, uot meagerly, but generously so far as money can provide of the men of the enemy country at the front by star>ing the for them. wives and babes at home, and woe be it that we hn\e become · I ha\e

plish more along this line is a great disappointment to me. l The Secretary read as follows : did all that I could, and I shall continue to fight with all the House concurrent resolution 25. power at my command until wealth is made to bear more ot Resolved by the House of Representatives (the Senate concurring), the burden of this war than has been laid upon it by the pres­ That the Pre. ident of the Senate and the Speaker of the House of Rep~ ent Congress. Concerning these matters there can be no dif­ resentatives be authorized to close the present session of the Congress by adjow·ning their respective Houses on Saturday, the 6th day of ference of opinion. We have not yet been able to muster the October, 1917, at 3 o'clock p. m. forces to conscript wealth, as we have conscripted men, but no 1\Ir. MARTIN. I ask for the adoption of the resolution. one has ever been able to advance even a plausible argument for The resolution was considered by unanimous consent and not doing so. · agreed to. No, Mr. President; it is on the other point suggested where W A.R WITH GERMANY. honest differences of opinion may arise. Shall we ask the people Mr. KELLOGG. 1\fr. President, r have no sympathy with of this country to shut their eyes and take the entire war pro­ unjust and intemperate criticism of the Members of this Senate gram on faith? There are no doubt many honest and well­ or of any public men, for I realize that when this Senate ceases meaning persons who are willing to answer that question in the to be a deliberative body the Republic is in danger. I desire for affirmative rather than risk the dissensions which they fear may a few moment, however, to discuss the reasons which brought follow a free discussion of the issues of this war. With that this country into this great confiict and what I believe to be the position I do not-! can not agree. Have the people no intelli­ duties of public men in relation thereto. gent contribution to make to the solution of the problems of this The Senator from Wisconsin [Mr. LA FoLLETTE] stated that war? I believe that they have, and that in this matter, as in so resolutions or petitions had been presented a king for his ex­ many others, they may be wiser than thei~ leaders, and that if pulsion for expressions of his opinion in public. I introduced left free to discuss the issues of the war they will find the cor­ one of those petitions a week ago. I presented it to the Senate. rect settlement of these issues. It came as a resolution from the Minnesota Public Safety Com­ But it is said that Germany will fight with greater determi­ mission, a body created by authority of statute and headeu by nation if her people believe that we are not in perfect agree­ the distinguished governor of that Commonwealth. It bad at~ ment. Mr. President, that is the same worn-out pretext which tached thereto, certified to me, a stenographic copy of tlie speech has been used for three years to keep the plain people of Europe of the senior Senator from Wisconsin. It was 1:.0t a pleasant engaged in killing each other in this war. And, sir, as ap­ duty to present the petition to the Senate of the United States. plied to this country, at least, it is a pretext with nothing to Sir, I performed that duty in response to tile guaranties of the support it. Constitution of the United States, fixing forever in our Jaws The way to paralyze the German arm, to weaken the German the right of petition. • military force, in my opinion, is to declare our objects in this At the time I made no comment thereon, and should not have war, and show by that declaration to the German people that done so but for the speech of the Senator to-day. I shall not we are not seeking to dictate a form of government to Germany now anticipate. the action of the committee or of the Senate or to render more secure England's domination of the seas. upon the question, or express any opinion as to what, if any­ A declaration of our purpo es in this war, so far from strength­ thing, should be done; but I can not allow this occasion to pass ening our enemy, I believe would immeasurably weaken herJ or this Congress to adjourn without expressing my emphatic for it would no longer be possible to misrepresent O'lll' purposes dissent from some of the views stated in that speech. I shall · to the German people. Such a course on our part, so far from limit my remarks to those parts of the speech stating, as the endangering the life of a single one of our boys, I believe would Senator understood it, the reasons why this Government went result in saving the lives of hundreds of thousands of them to war. The speech was delivered on the 20th day of Septem~ by bringing about an earlier and more lasting peace by intelli­ ber-16 days ago. It bas been scattered broadcast all over this gent negotiation, instead of securing a peace by the complete land. I have heard no denial of the parts of the speech which exhaustion of one or the other of the belligerents. I shall read to the Senate. I hope they were not spoken; but Such a course would al o immeasurably, I believe, strengthen they have been printed in the press of this country, and it is as our military force in this country, because when the objects of to the sentiments therein expressed anu the reasons therein this war. are clearly stated and the people approve of those gi\en for this war to which I address myself. I invite tho objects they will give to the war a popular support it will never attention of the Senate to two paragraphs of that speech, read­ otherwise receive. ing as follows : Then, again, hone t dealing with the entente allie , as well as Now, fellow citizens, we are in the midst of a war. For my own part, I was not in favor of beginning the war. LContinued applause.] with our own people, requires a clear statement of our objects I didn't mean to say we had not suffered grievances. We had at the in this war. If we do not expect to support the entente allies hands of Germany. serious grievances; we had cause for compiaining; in the dreams of conquest we know some of them entertain, then they had interfered with the right of American citizens to travel upon the high seas on ships loaded with munitions for Great Britain. · [Ap­ in all· fairness to them that fact should be stated now. If we plause and yells.] And, gentlemen, I would not be understood as say­ do expect to support them in their plans for conquest and ag­ ing we didn't have grievances ; we did, and upon those gl'ievnnces, grandizement, then our people are entitled to know that vitally which I have regarded as insufficient, considering the amount involved and the rights involved. which was the right to ship munitions to important fact before this war proceeds further. Common hon­ Great Britain with American passengers on board to secure a safe esty and fair dealing with the people of this country and with transit. [Laughter and applause.] We bad a right, a technical right, - the nations by whose side we are fighting, as well as a sound to ship munitions, and the American citizens had a technical right to ride on those vessels. I was not in favor of riding on tbem [lau~hter] military policy at home, requires the fullest and freest discus­ because it seemed to me when the consequences resulting from any sion before the people of every issue involved in this great war destruction of life that might occur would be so awful, I say [a voice: and that a plain and specific declaration of our purposes in the "Yellow "]-any man who says that in an audience where be can con­ ceal himself is yellow himself. [Cries: "Put him out."] I say this, war be speedily made by the Congress of the United States. that the comparatively small privilege of the right of an American 1\fr. KELLOGG. Mr. President-- [Applause in the gal­ citizen to ride on a munition-loaded ship flying a foreign flag is too eries.] small to in>olve this country in a loss of millions and hundreds of millions of lives. r Applause.l The VICE PRESIDEXT.- The occupants of the galleries at the present time are not aware of the fact perhaps that the Reading another part: presiding officer of the Senate is required to suppress all demon­ And, fellow citizens, it behooves a nation to consitlet· well before it enters upon a war of that sort bow much it has got at stake. 1f all it trations of approval ot· disapproval on the part of occupants of bas got at stake is the loans the house of Morgan makes to foreign the galleries. Upon the assumption that that rule was not Governments, and the profits that the munition makers will earn in known to the occupants of the galleries it will not be enforced shipping their products to foreign countries, then I think it ought to at the present time. A repetition of it will result in the clearing be weighed, not in a common bay scale, buein an apothecary's scale. of the gallerie . The Senator from Minnesota will proceed. [.A,XglfuseJut somebody will tell you American rights are involved. 1\Ir. l\lARTIN. I ask the Senator from Minnesota \f he will What American rights"/ The right of some venture orne person to ride upon a munition-laden vessel in violation of an American statute that yield to me for jt t one econd? no vessel which carries explosives shall carry pas enger . Four days l\fr. KELLOGG. I yield to the Senator from Virginia. before the Lttsitania sailed President Wilson was warned in person by Secretary of State Bryan that the Lusitania bad 6,000,000 rounds of FI~AL .A.DJOUR'SMENT. ammunition on board, besides explosives, and that the passengers who proposed to sail on that vessel were sailing in violation of a statute Mr. :llARTIN. I a k the Chair to lay before the Senate the of this country, that no passengers shall travel upon a railroad train or sail upon a vessel which carries dangerous explo ives. (Applause.) adjournment re olution which came from the Hou e, and I ask And Mr. Bryan appealed to President ·Wilson to stO[? passengers from for its immediate con ideration. sailing upon the Lttsita11ia. I am giving you some history tha t maybe The VICE PRESIDENT. The Chair lays before the Senate bas not come to you heretofore-the grievances that carry this country into the war into a war the re ults of which, as to the loss of life the resolution of the Hou! e of Representatives; 'Yhich will be and burden.,' financial burdens, that shall be laid upon us can not be read. calculated by any mind. 1917. CONGRESSIONAL RECORD-· SENATE. 7887

1\1r. Pt-esident, after we have declared war and wh~n we :are n-ormal circumstances, would be a casus belli. The raider, the P-rin~ ·calling upon brave men to 'Sacrifice their liTes, when \Y-e are Eitel Fr·iedrich, then impudi!lltly took l!:efuge in an American po-rt. American Uve lost on the oc:eun during the war. {See Cong. Rec., m~rShaU:ng the resO foreign GoY~rn- t~'i:nb~' 1,9f3i 5~,..£~~~ia~fi~:r~;~· st. ments. I deny that we went to war to insure ·profits to munition October 28, 1916, Marina, 8 Americans lost.10 makers, {llld I believe that such a statement is a lander upon December 14, 1916, Russian, 17 Americans lost. the intelligenee, tbe honor, and the patriotism of this country. February 26, 1917, Laoonia, 8 .Americans lost. What did we go to war for? I shall not h'ark back to the cause March Hi, 1917• Vigilmwia, 5 Am~ricans lost {United States). Mar.cb 21, 1917, Healdton 7 Ameri.cans lost (United States). of the war between the central empires and the ent'€Ilte allies, April 1, 1917, Aztec 28 Americans lost (United .States). nlthough from a most painstaking investigation, I am conTineoo Some on Aztec, probably not Ameri-can citizens, although 'She was a · I G h b · f ~"""" 30 regular American shlp. , t h at I mperta· e!'many as een preparmg or more trtn 1 erman duty and enforced its tatutes with scrupulous vigilance through its Government, was treated -as -a scrap of paper, .and on the last regn.1arly co-nstituted officials. It is able, therefore, to a sure the day -of January, 1.917, the German Government declare(] itself Imperiul German Government that it has been misinfo.rmOO. bound by no promises and threatened a :ruthless submarin-e war- And, as the Senator from Missis ipp1 [Mr. WILLIAMS] :su.g- fare against an the w.orl

tio-uous to but subject to the jurisdiction thereof, and a place in any public intere t to a consideration of the questions which are other State, Territory, or District of the United States, or place non­ contiguous to but subject to the jurisdiction thereof, or any vessel or involved in the views which he has expressed. The greater ,-ehicle of any description operated by a common carrier in the h·anspor­ portion of his address w::ts directed toward the vindication tation of passengers or articles of commerce by land or water. of the constitutional privilege and right of freedom of the Mr. KELLOGG. l\lr. President, it ·is not unlawful. nor in ·do­ press and freedom of speech and to the quotation of mere plati­ lation of the laws of nations to carry contraband of war or for tudinous utterances by great men of the past. passengers to ride upon such ships. But, howe,er this may have l\Ir. Pre ident, the Senator from Wisconsin -seems to me been, it was not within the laws of nations, within the principles strangely inconsistent in insisting upon his right, under the of humanity and justice go,erning the civilized communities of constitutional guaranty of free speech, to declare in substance the world, the right of Germany to ink such a ship without that this Goyernment has entered upon \Tar for no just cau e warning and without taking off the crew and passengers and and to assail the Executive Department of the Government fot tanding them in a place of safety. its manner of conducting this conflict, to assail the legislative Are we as a Nation willing to subscribe to the doctrine that branch of the Government for a failm·e to perf01:m its alleged will turn back the wheels of progress for more than 500 years; duty, and eYen to attack the court of the United States for that will countenance the sinking of ships, freighted with men, their failure to protect the citizens of this country in the en­ women, and children, without warning, upon the highway of joyment of tlleir constitutional rights. If it is the right of a nations? Sir, it would be a blot upon the honor of this Nation, Senator of the United States to speak freely upon topics of which stands for justice, for international law, for right, and this character, why should the Senator from Wisconsin or any for civilization, to consent for one day to such conduct. other Senator entertaining those views denounce newspaper But that is not all. Germany did sink our hips and take men and other citizens of this country who, in the exercise of the lives of American citizens thereon when there was no pre­ the same right of free thought and free peech, have declared tense that they were carrying munitions of war or explosives, that the Senator ought to abandon his seat in the United States and this without warning and in bPutal defiance of this Nation Senate and seek membership in tlle German Bundesrath? and the· world. The time came when no elf-respecting nation, l\lr. Pre iuent, the Senator from Wisconsin has sought to believing in the principles of self-government and enlightened justify his attitude in this debate upon the record of Abraham civilization, could longer ignore this mon. trous menace to free Lincoln and Daniel Webster. It may be recalled that Mr. institution . If we believe in the right of a people to govern Lincoln, who introduced the resolution denouncing and criti~ them· elves unmole ted by the dictates of arbitrary power; if cizing his Government for engaging in the l\lexican War and we believe in the institutions of our own Governn1ent and all for its manner of conducting that conflict, was defeated for they mean to us; if we believe in elf-presernttion, in a peace reelection by an Illinois constituency. Daniel Webster is not that hall not make the world an armed camp, it is our duty remembered for the peech the Senator quotes; his name does to prosecute this war, to uphold the national arm until a lasting not linger in the memory of millions of .American citizens be­ and honorable peace can be made, based upon these rights. cau e of the act of which the Senator from Wisconsin has Sir, I wish here to read the language of the Father of his spoken to-day-that is, because of hi· criticism of his Govern- · Country in his first inaugural addre s. He aid : ment for entering the Mexican 'Var-but Daniel Webster will The foundations of our national policy will be laid in the pure and lire in the hearts of the American people as long as men love Immutable principles of private morality. There exists in the course liberty becau. e he stood in this sacred presence and declared of nature an indissoluble union between nrtue and happine s, between for the preservation of hLs country nnu the maintenance of duty and advantage, between honest policy and public felicity. The propitious smiles of heaven can never be expected on a union [or gov­ its flag. ernment] that disregards the eternal rules of order :tnd right, whieh It is a singular thing to me, Senators, that a Senator of the heaven itself has ordained. United. tates . hould consume two nnd n half hours in de­ l\Ir. President, I have no quarrel with the Senatol· from 'Vis­ nouncing his Government and ha-re not one word for its flag, cousin or w-ith the principles enunciated by the long line of not one word for the Commander in Chief of the Armies of American statesmen quoted by him who claimed the highest the United tates, not one w-ord for the encom·agement of the right and privilege of expres. ing their opinions of the rights of men who haYe already been sent to the far-stretched battle their country when involved in a forei(}'n war. But, :llr. Presi­ fronts of Europe, and who are now upholding with their lives dent, this is not a question of free speech. It is a question of the honor, the dignity, and the afety of this great Nation. If 1 an erroneous statement of facts rather than of free. peech. I it is a. privilege of free speech for enators to test t:tie honor that long line of statesmen referred to by the Senator­ patience of tJ1eir colleagues and the patience of the citi1.ens of "-~eb ter and his immortal appeal for unity of the Nation; Lin­ this Nation, it is equally a right of other citizens, in the exer­ coln, the martyr of our greatest .struggle, and many others. cise of free . peech, to criticize the conduct of Senators. Charles Janies Fox protested against . England's war with the If I entertained the sentiments which the Senator from French, but when we were engaged in war with ::\lexico our ''~ i cousin ha expressed in thi pre~ ence this morning, I wonld land was not filled with German pie , interfering with our cit­ not wait for the United States Senate to pass upon the question izens, stirring up discord and anarchy, encouraging the destruc­ of my loyalty or disloyalty; I would seek the companion hip tion of property, and plotting w-ith foreign nations. We were of tho. e whom my discussion .and my . entiments are calculated not then engaged with the mightiest autocracy the world has to . upport. ever known and the greate t of military powers for the prin­ ~Ir. Pre. ident, the Senator from 1\linne. ota [l\lr. KELLOGO] ciples of eternal justice upon which our Government is founded. has di cus ed an address credited to the Senu tor froui Wiscon­ Sir, I would refer the Senator to the language of President Lin­ sin, made in St. Paul some days ago. In that addre the coln addre ed to the agitators in Ohio and other States when Senator - from Wisconsin is charged with aying that the this Nation was struggling for its exiNtence. United States went to war for the purpo e of indicating the l\lr. President, I am as jealous of the right of free speech as right of venturesome citizens to ride on pa enger vessels trans­ any Member of this body or any citizen of this land. It is a porting ammunition. I want to know from Senators how as em­ right acquired by the struggles of·our ancestors fqr 100 years­ bled whether they believe that is an exercise of the ri,....ht of since the day of Runnymede-and immutably fixed in our free ~ peech. The Senator from :\'iscon. . in is one of the best­ written Con titution; and I belie\e that the freedom of speech informed men in the tJnited States enate. I want to know and the freedom of the press are absolutely necessary to human from you, sir , whether or not you believe that. wa a state­ Jiberty. ment of the conscientiou. sentiments of the Senator from Wi - I have no right or wi h to criticize any man who Yoted con in. If he belieYes that the United tates is involved in against this Nation going to war, although I may di agree with this conflict for that cau e, or if he belie,es that is the prin­ him. But, sir, we are at war, and I belieYe men of this body, cipal cau e \Yhich brought the United State. into this conflict, men of influence, should not make tatements tending to aid and hi. attitude i justified; but where does he get hi~ information? encourao-e the enemy and to cast dishonor and discredit upon I propo e to t~ll you to-day, in addition to the incidents that this Xation. Imagine, sir, the.circulntion in the German Empire haye been recited by the Senator from ~Iinnesota [l\1r. KEr.­ of these statements reflecting discredit upon our prosecution of LOGG], orne of the reasons which forced the United States the. war and sustaining the justice of the cause of the German into this war. The whole speech of the Senator from Wiscon­ Empire. Could these people be blamed for believing in a cause, sin i. based upon the erroneous a .. surnption that the United lloweyer lacking in justice and right, if these are the reasons States declaret). war against Germany and forced war on her. which lead us into this great conflict and su tain us through its We did no , uch thing. The United States recognized a state trying ordeal? of war "\\hich had already been e:s::i ting between the Unitefl )lr. llOBL,SOX l\lr. Pre ident and Senators, I regret that State and Germany for many months, for some years; and tl1e addres. of the Senator from Wi.~ con in ha. been made in that tate of war was brought about by tb! brutal, lawle s the clo. ing hour:- of this session of Congre :-, o that the minds uisregard by the German Government of the rights of American and labors of enator are di,erte

tor who . ~a.n find it in ·his heat;t. tq say, here or elsewhere; that­ more and more aggressive until it became apparent that we must the lJriitecLState8 went to war foi· .a· trivial cause is, to say Ule figl)t . or be destroyed. _ : r least, lacking in the lnformati9n which a Se~ator should .. - In the minds of £early all om· citizens, the question whether possess. : . _ . the United States was right in declaring the existence of a state The Senator, during the cour e of hi address, referred to the of war with Germany bas been so completely foreclosed . that failure of the courts to protect citizens of the United States in fm·~er discussi{)n of that issue may seem useless. They know the .exercise of their rights as citizens. I was astounded when, · that our Government is now at war, and they are willing to in the begirining of his a_ddress, he. made the statement that uphold the flag without regard to the merits of our cause; but Go\ernment agencies, acting under the a!Jthority of the Execu­ I am not willing to rest the case upon so narrow grounds. tive~ are invading the private homes of loyal citizens, are arrest­ As a Senator, I voted for the resolution declaring-the exist­ ing u:1d confining inn~cel!t · and _loy~l ~er_ican citizens in jail, ence of a state of war, and I ip.tend. to tell you why I cast that without warrant and without cause; that Government officers are vote. No citizen more than I is imb1,1ed with the ideals of peace. violating every private and sac;rect right of the people of this 1\Iy efforts have been contributed toward the establishment of Government. Passing over the references ma-de by the Senator permanent, world-wide peace. It was therefore with reluctance, from Minnesota, · tri.king the speech just made as the basis of and only when the path of uuty seeD;~.ed too clear for doubt, that my address, I say to you that while I can· not find language I voted to protect with military force the lives and property of within the·rules of the Senate to appropriately characterize the American citizens against German aggressions on land and sea. sentiments uttered on this floor this morning by the Senator The war was imperative from the standpoint of our national from Wisconsin, if I entertained those sentiments I would not safety. Incredible as the ·statement m·ay at first appear, the think I had the tight to retain a seat on the floor of the United German Government planned for war with the United States States Senate. I would apply to the Kaiser for a seat in the er-en before the outbreak of the present conflict in Europ,e. Bundesrath. . Just before the clash of August, 1914, Field Marshal von The Senator from ·wisconsin bas denounced this Congress Edelsheim, of the Prussian General Staff, published in German for failure to perform its duty in passing a re~olution which he newspapers Germany's war aim against Great Britain, · France, has introduced. That is Senate concurrent resolution No. 11 in­ and the United States. Regarding the contemplated attack troduced by the Senator from 1Visconsin Au'gust 11, 1917. I against this Government, be said: think the Senator himself inserted that resolution in the Operations against the United States of North America would have RECORD. I want to call the attention of the Senate to some of to be conducted in a different manner- from those against Englaml. During the last year political friction with the States, especially fric­ the provisions in that resolution. . tion arising from commercial causes, has not been lacking, and the diffi. He says it is designed to bring about peace by forcing the culties that have arisen have mostly been settled by our giving. way. United States and the allies to declare their purpo~es in con­ .As this obliging attitude has its limits, we have to ask ourselves what ducting this war. One of the purposes to which be declaTe-, force we can possibly bring to bear in order to meet the attack of the United Stat~s against our interests· and to impose our will. the United States should commit itself is as follows: Our fleet will probably be able to defeat the naval forces of the · R esolved further, That the Congress hereby declares that this Gov­ United. States, which are distributed over two oceans and over long ernment will not contribute to the elforts of any belligerent for the distances. But it . would be a mistake to sup:pose that the defeat of purpose of prolonging the war to annex new territory, eit_her in .Eu­ their fleet will force the United States, with 1mmense resources, into' rope or outside of Europ~, nor to enforce the payment of mdemmties concluding peace. . · - to recover the expenses of the war. Considering the great extent of the United States, the conquest of the country by an army of invasion is not possible. But there is ever:v. The correct construction of that language is that it is de­ reason to believe that victorious enterprises on the .Atlantic coast and signed to prevent the allies, in case of victory, from compelling the conquest of the most important arteries through which imports Germany to indemnify Belgium for the misery and desolation and ~xports pass, will create such an unbearqble state of affairs in the whole country that the Government will readily offer acceptable condi­ which she has so lawlessly brought to that kingdom, for the tions in order to obtain peace. · wreck and ruin which bas followed in the path of tile German If Germany begins preparing a fl eet o! transports and troops for armies as they lawlessly inT'aded the Kingdom of Belgium. It landing purposes at the moment when the battle fleet steams out of our harbors we may conclude that operations on American soil can begin will be remembe],'ed that at the outbreak of -the war Germany after about fo·ur week , a,nil it can not be doubted that the· United States· invaded both Belgium and France. She justified her invasion will not be abl~ to oppose to u within that time an army equivalent to of Belgium on the ground of alleged military necessity, and our own. the Kaiser promised indemnity at the end of the war. He recog­ There is nothing ambiguous or equivocal in this language. nized that ·he was violating international law. He recognize!! It pro~es conclusively that Germany-was preparing to precipi­ that he was tearing up treaties and · denouncing them as mere tate a conflict with the United States. It is seldom during ~'scraps of paper." He .said that in order to carry out the peace that so offensir-e a purpose finds expression in such franl.: military purpose of the German Army it was necessary to language as that employed by Edelsheim. violate the sovereignty of Belgium and. to inva_de her, and that Not only is it true that Germany planned war upon the when the war was over, Germany· would make reparation for United States more than three years ago, but since the conflict that damage. began, and before Congress recognized the existence of a · state Germany violated the soYereignty of France. W~at was the of war, German military leaders declared. a purpose to make excuse given for the invasion of France? She sai(l French the United States indemnify_th e Fatherland for the cost of the aviators had dropped bombs on the Nuremberg railway line. war on the ground of our alleged rmrtiality in p~rmitting Ameri­ That statement, ·like the statement about armament on. the .can citizens to sell munitions of war to the allies. Germany Lusitania, was proved to be false. The German who gave· that­ realized that when the conflict with France, Britain, Russia; evidence to Von Bernstorff and made that affidavit concerning and Italy was over her resources would be exhausted and her the Lusitania aftenvards plead guilty to perjury: German agen­ industries impaired. She coveted the fertile fields, the exten­ cies of high nuthority have denounced as equally false the si\e forests, the rich mines, and unlimited resources of om• statement that French aviators, before the outbreak of the war,_ people, and without doubt woulu have undertaken_to reimburse dropped bombs on German railway lines. her treasury by indemnity for<;:ed from us. ~er plan of despoil­ It will be remembered that the Frimco-Prussian War of 1871 ing the United . States originated with Bismarck, who, when was precipitated . by the false te1 e:gram of -Ems, sent by Bis­ asked his opinion of this country, replied-: marck. So, in this 'var, Germany invaded Belgium and France The United States is a great fat pig, which Germany will one day in violation of the law of nations. stick. · I !lave not language nor time to recite the many brutalities It is not important that you and I feel sure this' Gor-ernment impo ~ ed upon the people of B-elgium -by the German Army. If coulu ha~e re:nelled German im·asion and successfully resisted I could command your attention and express the e outrages in every effort of the Kai er to collect indemnity. The material language that would accurately define them, your blood would fact is that Germany believed the United Stat~s - was practically . boil in horror. I shall not speak of German wrongs against defenseless, anu therefore after. peace had been made with the . foreign nations. I shall speak of German wrongs against the allies she could make us pay her expenses . and losses dm·ing UnHed States, which the Senator from Wisconsin and every the war. · other Senator here has sworn to vindicate. . Everyone here knows that the sale of munitions by the citi­ The United States was forced into this war with Germany. zens of a neutral nation to belligerents is not a violation of the We har-e not gone to war. The war has come to us. Before the law of nations. Traffic in munitions between · neutrals and Congress recognized the existence of a stafe.'of war the German belligerents• has continued tbrougp~mt the I ceiittiries, a:nd its Go\emment, with insufferable barbarity and cruelty,- had com­ legality has neT"er been questioned by any Gov~rn.ment, except;·. mitted many acts- of war ngainst the United States. Every1 perhaps,· when forbidden -by-treaty stipulations. . .. . , known-peaceful means was re orted to by the Presi.dent in· his. 4' Germany sold munitiohs to our enemies. . When._ the United. efforts to preserve neutrnlity, · but. the cule1:s · of · Germany. mis- ~- Stqtes was-at! war -with Spain.' OlJr -enemies qptained their, pr_in­ > , : - . -jmlgecl our p~·ud~nce 'and -forbffirauce as co\vardic~ and - ~"' ' eipal· .gupp!y-: of munitions ·from German manufacturers. -In- -

LV--501 rsoo 00TOBER · 6~ tfi.e· Boe1· ·war Geniiany'i~ trade· in munibons wa8 profitable With : ves8els in· the.' open seas she, was outraging the- so~~ignty of' both England and _the Boers. . D~.ring . the :Balkan 'Var the the• United States just as m-uch aa if she had crossed the- ocean: KPUPf>S' ·receive([ enormouS profits from tile sale ~f munitions · and made heard the thunder- of· her gqns ·at the great· seacoast; ta the. beliigerents. It was.· only -when the Bri:tfsh Navy h~ :ports of the United States or invaded the ·mainland· of the. United shut Germa.ny· out from American port and deprived her of the- States with a Germany-army. abUity to secure ~unitfens' here that Germany sta1·ted in the , What language can characteri-ze the igneTance or- tile- fndiffer­ Umwl States a prop11gandfsm against munitiorr mak:ing. ence to tru.tJII th-at would ·plaee this country, the soldiers in the. 't'he Senator frODT 'Wiseerisin has insisted that tile Unitedl field, tile citizens at home~ under tne· fnfamons. charge- of havirrt:, States ought now t~ declare· the purposes· of thi!s war .and the l gone-into- thiS war far a trivia:E purpose; of having gone· into thls· terms· o1l peace. The answer to that, lUr. President, is that tllat I war for the sole• purpose· or for the· principal! plll'po e of vindl'-. is exa~ctly what tlie' Kaiser wn.nts. Tile authorities of this Gov- j eating- a questionable rigbt'F It was no- questionable right for­ ernment ~o have: proof tllltt more than· $27,000,00(}i have been . tile American flag on an American vessel' to be: upon. the· oee:an~ spent by. :r:epre e:ntatives-of the German Gove1mment in carryirrg :If Amerkan commerce: had been stopped,. the conditions· in the on. that propaganda; ai::J.d it is unfortunate for the country and: :United States would have become appallillg, a:ndl Genru:my would: unfortunate for the: Senator· rrom Wi eonsin that he has lent ' ha~e been unab-le to a-rouse the sentiments for pacificism which hfn:i eli, ~s g~eat tal-ents ana his services, to the promulgation ; talk about the waP bein-g unjn tillable and that if ought to be, of the ideas, theories-, an-d desires- m the Kaise·. · terminated. If Germany had enfOYcoo her decree,, if American lli: President~ not only is it tn1e that the traffic in munitions, snips had stayed in port as the Kaiser exvressly said and the: ns cond'ncted by citizens of the- United Stntes with the respective- · Senator fro:tn Wisconsin impliedly says; then a bale· of cotton. l'leiUgerent~ in this- ar- p.rier· to our entry into the war, was en- , wonld not have- been worth a-s· much, as a bale of ha'Y; the: value tirely consistent with the law of nations, b-ut it would ha,ve been of every American product ·would' h-ave shrunk into nothin"' r stlicidai for- the· United States to. have estopped itself of the prosperity would have disappeared from the country. "' abHity to ~ecm·e munitions from othe-r ce-untrles in case of wal." But, sir, it is not on the grround of commercial right, however with a foreign foe by deeinrmg the policy that citizens of neu- sacred and plain: this may be, that the Ameri~an people went t~ trals shall net sell munitions t:o belligerents in time of war. It wa~. They went to war in part because· it was the d~ of this­ is well 1."Down that the United Slates, at the eutbreak of this Republic to proteet our citizens in the enjoyment of tl1ei peace,. w:n:~ was one of the smallest manufncturers of munition& It ful pursuits-, not on the sea: alone but in their homes. Ge:rmany w-us well known that Germany was the glleate t munitions-mak- not only disregarded the law of nations and sought to destroy iBg country in the world;, and fm· the United. States to J;lave t11e commerce .of neuh·als .and belligerents alike- but" she sent lerrt itself to this Germant propaganda. of forbidding the sale· into the United _States spies to arouse and stimulate- a spirit of by A.mericai;i citizens of munitions: to tile: allies. wel4d have been _sedition among the· people of the United States: EYidence ot to· deny bei.'self the right of self-defen e in case of war with this is easily obtained. !Jillions upon: million!!- of' d'oUars were Germany. . . . . -. paid out to bribe men to betray their flag. For what purpose?-' · ~fr. , President, the Senator from Wisconsin has characterized To assist the Kaiser to carry out his will in America. They nave us diabolical thc:r acts of the execntLve depu.rtinent of this Go:v- prostituted the sacred and holy name of peace· in this un~ ermnent in making investigations of tho e who were suspecte4 righteous. propagandism. of being di ro~al to the co_untry. He has said that every private I love peace as much as any man on this· earth ; but who righ~ , guaranteed to the -Citizen by the Con titution is peing wants a German peace save a German? In the name of Gotl, ·is invaded by the agents ali the Government of the United State r all the blood that has been ·~ hed by v: liant men, women, an.dl l\fr. President, the expenditm·e of millions of dollars by the Ge1·- children, is all the blood that Fran~e· -has poured out onr her man Government in the United States, the hiring of countlesSJ battle fields, are all the acrifices of Britain, Italy, andl Rns i'a agents, the placing throughout this land of numerous spie , has to be wasted? Is Germany to be establi bed "over nl1 "?- made neee sary activity upon the part of the Department of If the Senator from Wisconsin han his. will, if the Kai er had! Jus-tice and other agencies of this .Government in ordet: to pro- his \viii, liberty would become a memory, honor a tradltion, and teet our country and our people against the iniquitous schemes tyranny the rul1ng power throughout thls worl the bies ~o:s and benefit of our civilization. lla:ve mat.le the open .·eas the· free trading grounds: of an neutral , He i tanding to-day loyally beneath the American flag giving but Germany t.l clared her PUl'PO e to de troy every ves el that up his fortune and hi blood to uphold the countr:v.'s honor. entered that zone, whether neutral or belligerent; and in the Germany could not induce hi·m to rise in in urrection. What ~xecution of that fawless threat' she en± to th-e bottom or at- '"oul citizen tl1eir' rights. An Ameriean citizen on the hi. good offices to br~ng about pe.ace, while our President ":as· deck of an Am rican ve ei in micl-oeean is by the law on Ameri- u-sing his rna. terfn-l re ouree and· hi great intellect, while rn · can t :r.·rite~"J ; anti evevy lawyer knows that when Germany voking tll-e power and the jutlgment ef the President of this. fired U[)On our flag .nntl killed American citizens on American Kation in fa,or of pence, Germany, with the intention of vio- 1917 . . ; . !h. CONGRESSION.A.L · REOORD~S_ENA'TE~ '" ·· - ~-,:.. ··· :_. : .. ·: 7891

_._ ~ . _, .. : ...":.._ lating :her agreement for ~ tempoo.·nry _abnndonmept of ruthless tpoin.tJ1e is. ' n ,fit. compa~i!m for the lustful Tu~·k and· the bloody. · • · submarine warfare, before seeking a rupture with· .the United .l'euton and, is unworcthy of the name "American.". · State. was planning for an ilwasion of the United tates by I wish to place in the RECORD a list of the ships bearing the 1\Iexico and Japan, and actually offered to give to Mexico those American flag .that .were fired upon, some of them destroyed, sovere~gn States, Arizona, New 1\.lex:ico, and Texas, and to Japan some of them escaping, and others· of them damaged. . Many the rich domain of the Pacific Coast States was to be parceled American lives "=ere lost as the aggregate result. I wish to out. place this statement in the RECORD in everlasting refutation of

Now1 the Kaiser and the Senator from Wisconsin talk about the strangely foolish statement imputed to the Senator from wanting no war of conquest, wanting a guaranty from the Wisconsin that the United States went to 1Yar solely and pl'in­ United States and om· allies that whatever the result we will cipally on the demand of citizens for the right to ride on munl­ neither profit by nor require Germany to make recompense, and tion-laden vessels. I want to point him to the outrages perpe­ at the same time would leaYe Germany to enjoy the fruits of vic- trated upon our citizens upon the seas and the cowardly in­ tory if she can retain them. That may be free speech. A Sen- justice and treachery Germany perpetrated in carrying on her ator can say it, a fool can utter it, but it is not patriotic sy tern of spies and hirelings, in seeking to incite insm·rection Americanism ! among the negroes of the South, in trying to stimulate Mexico If ever there was a holy war, this is one. Every wrong and and Japan to make war upon this Goyernment and promising outrage that human ingenuity can conceive Germany sought to as a result rich profits in the wa~' of conquest. I want him to perpetrate on the United States, and the longer :we waited to remember this statement. He can talk from now until judgment resent it in the hope that peace might be maintained, the greater ua~ - if he "·ants to, but let him answer in his own conscience was the outrage perpetrated. and in the exercise of "free speech" why he said the United w·c realize that unless we tecognize

zen of the United States when she sought t-o incite the colored men in the country who did not r~alize \\hat the conflict meant. population to insurrection and Japan and Mexico to invasion, They seem not ·to Tealize it yet; but, ·sir. my .opinion is that ·it a man who will :not fight then will not fight e\en if ·an enemy meant and stm means a test of the strength and permanence inva-ded Ws home and :ravished his daughter ~n his presence. of American institutions. It is no time to talk of peace when When these outrages were occurring upon the seas the P1·e i­ the BUR is at 0\lr gates. It is no time to talk Df J)ea.ce when dent w.as j3Ucce sful in inducing Germany for a time to abandon the Hun is boasting of his victory. The time to talk of peace them. Germnrry promised that her cendu.ct in the future should is when the armies of France, Russia, Britain, Italy, and the be governed by international law; that thereafter she would not United States are driving the German Army back across the attack :neub·al vessels and unarmed merchant vessels or ·vessels . Rhine :and making Germany feel what ruthless wat•:fa.re meuns of belligerents without visitation and warning in accordance by imposing on the German people ·some of the lmrtlens which with the law of nations. It was a great and masterful . achl~e­ hR\e fallen .on 'France and 'Poland and Belgium. ment for the executive branch of this Government to accom­ Some have said, and the spirit of the address of the Senator plish :that. We felt secure wllen it was announced that Ger­ from Wiseonsin has been, that "We are 'n an unho1y and ques­ many had abandoned rn.thle s submarine warfare. She sought, tionable alliance with Great Britain and France. I have been however, to attach .a condition to her purpose 11.nd her plans, and amazed at ihe sacrifice and the resolution with which the stated that the United States must rectify certain wrongs com­ BTitish people have met this contest. At the beginnlng of the mitted by the British Government. The "President replied to war Great Britain was totally unprepared nnd that is the best that conditional .agreement tha.t Germany must obey the law proof that she was not expectino- a conflict with Germany. On without regard to Great .Britain; that this was a matter to be the other hand, for 50 years Germany 1Jar tl:lk :gigantic col.t­ A name like a stat· ! ·A name of 1i.ght 1 fiicL Tllere w~re tlw e _in the · ena.te here, there were -some I grve you .FcL:ance. 1917. OONGRESSI0.1: .AL RECORD-SENATE. !7893

I run proud' that, after t.11e passing-of the years, tl:re Unlfed eomprehencf Iww rrny man, much less a Senator, ca:n ·make that States, in the vindication of the rights of its citizens, irr the · statement or ~eek to Justify his questionable action a-n theouies protection of our- :ffag and of our people froni. wrongs and insults of that kind. History belies his statement; every circumstance by the German GoYernment, ha joined hands with the gallant known to students o£ Cll1'Tent event s-hows· that that declara· soldiers of France-France who bas alwayS' been_ our friend. tion. is a libel upon the- GQvernment which he mist"epresents. In the days of the Revolution D'Est:ling nnd Lafayette came We have some= duty, my fellow Senaters, besides the duty of with money and with men to uphold ~ cause of the Colonies; · . talking.. Some- Senators· seem to. think that there is a paramount and! it was tfu.·ough their contributions largely that victory obligation to1exercise the speaking po.wer, but there come. times finally came to the cause· of American independence and civil when men or judgll:lent remain silent. Pell'haps I have alreacl'y liberty. Now, in this con.flict we are fighting side by side with talked longety than I am justified, but I have done m;, duty as- Ji France, with Britain, with Russiar and with Italy. see it. I have na malice tewatd the Senator fi~om Wisconsin:. Germany tried to buy Russia by tb:e same system that she I run a loyal Ameriea.n citizen, and the fact that I hap}i)en for inaugurated in the United States-that despicable and contempt- a slw:rt time to occupy a seat in the United States Senate has ible system of spies; and by stimulating sedition and all shames not su inflated my opinion of myself that I conceive: :r am en· nnd crimes .b."Tlown to human history. Germany tried to put titled to disregard my· duty and of>lign.tions tOl the people who them into effect in Russia.,. and for a time it seemed as: if she have· s-ent me here and to the peopl'e of this- great Republic. would succ-eed. If there is one man in this war who has risen · With me the :fil~st consideration. is the honor of our fia.g a.ntl the abo-v-e t}le wreck of revolutions and above the clouds of battle sa.fety of our Nation. We are :fighting in the noblest ea:nse tllat to everlasting fame it is the Russ-ian Kerensky-Kerensky, the . e.rrn inspire human hearts with coura.ge. youthful hero and statesman, who has raised the standard of E'en now the vanguard g:rthers, liberty in Russia. The Kaiser, with an his gold, the Kaiser's E'en now we· face the- fl'a-y, diplomats, with all their treachery, have not. been able· to cause Thou who didst help our fa:t.lrers, -.... b h Help Thou our hosts to-day; ; JJim to etray is h·ust. Fulfilled in signs and wonders, If Russia stands and fights to the end, th~ war will soon be In life, in death made cl1!ar, o\er; the world will be free and enjoying a peace which ought Jehovah of the thunders·, · to endure; but if Russia fails then, men of the Senate, it means Lord God of battles, hear. greater sacrifices orr the part pf the United States; it means. :Mr. FALL. Mr. l?I:esident, we Iinve heard a great deal tn· mo-re millions poured into the maelstrom of tllis gxeat conflict- day about freedom o-f speech. The argument of the. Senator millions of money and millions- of men. from Wisconsin [~1r. LA FoLLETTE] upon that point, I presume, But th~ failure of Russia, whi~h I do not nQ.w anticipate, to met· with the appro\ral and received the indousementr of prae· bear her part in this great struggle can not b:r1ng success to tteally eTery Member of this bod~ in so :lia1• as the general the German cau e, for in the end that cause is doo.med. Pro· prfncipl-es which he discussed were eon.cernedl Our boast, et Germans in the United States, hired agencies o:f the· German course, is our liberty. For a hundred years- and more it has Government. those who- would betray their fiag und their coun.-- been our boast that we had established a Government as a try, :mel tho e who are foolish enough not to know their duty, "s1gn of the times" fot: all ages; that we had' si1own for tl'le · bad better get to cover. There is no compromise on this issue. first time in the history of the world that' a free government There are only two sides to thm conflict--Germn.nism. and could be established and maintained witlwut Uberty or license Americanism; the Kaiser or the President. I want to know bringing about chaos. where you stand. I heard every word of the· speech of the Sena- Freedom o=.e· speech, of course-the right to' speak freely upen . tor from 'Visconsin, and I do not Imow where he stands~ I read matters concerning the people of this ccmntry-is guaranteed his speech as reported from St. Pauir and I do not know from us by the Constitution: Q.f the United States; tJ'lere is no doubt it where he stands. The American people are wondering wh~re · of tha~ and no. one will question it. he stands. , The Constitution of the United Sta.tes recogni2es a status ot The hour has come for Ioya1' Americans to assert their:- man- · government-peace upon th~ one band and waT-upon the· other. hood. We do not want any half-hearted support of this flag. . A declaration of wali is not a law; n. declaratien of war is not You had the right to question the wisdom of the war, if in your necessary, Mr. President, to create a legai s-tatus of- war, as honest judgment you doubted it, out when CongTess pass-ed the · seems to be tlie impression of the Senator- from Wiscons-in, declaration of war, then, instead of going about the country judging from his- utterances here and from his utterances upon and lea-ving your place on the floor of the Senate, where duty the platform elsewhere, as reported to us.. A. declaration of calls you, instead of going over the country, stirring up sedition, war is simply n-otice to our own people and to- the other peoples and gathering together the discontenteq elements of the' country of .the world ·that waT exists, in. order that they may take anci seeking to inflame them against your flag, your country, notice and conduct themselves accordingly. It simply mea.ns and your President; by Go.d, you eugbt to- stand here and sup- that a certain status exists as between. the people of this coun· port the fiag and the· President and help b-ring victory to Ame1~- try, as weil as their· Government, and the people of other ican arms! · · countries; ib means that not only are the countries them· l\-1r. President, let no mistake be made. The Congress- and the selves at enmity and in a state of· war but all citizens of the people are loyal to this Government. They do not regard the respective· governments are enemies for the time being of th-e President of the United States as an. usurper who is trying to citizens of the other government. Therefor:'e, when we discuss take o-rer to himself the prerogutives of Congress and the the abstract question or the pm·ticul:i.r or special· question -of courts, and as a partner in the house: of Margan and. of the liberty of speech in time of war, we must understand it with munition makers. If that question were left to tfie people of : reference to the status existing. the United States for a vote to-day they would· say that Wood-- Mr. President, the declaration of war which was adopted by row Wil on, by his eonrage, his ca-paeity for 1ea

1n the passage ·of the re\enue bill recently-=-where he tood, as ·Tesources of this Gov-ernment with which to meet the extraordi-­ .he says, with only a little handful fighting for the liberties of nary expenses of this war. -the people and. a ,just system of ta:xation___;.tbe actions of the I voted, sir, that the undev~1oped resources of this countrY' other Senators who did not agree with him in his ideas of .the might -continue to be developed, as they have always been devel­ proper method of fighting this -war justified 'him in say.ing, oped, by the excess J>rofits of those engaged Jn pr~sent ·inO.ustry. f' Shame -upon rthe Congress of the IUni ted 'States which Jlassed ·J voted 'that when these boys come :home .from Europe arid find it, and shame ·upon 'the tpresident uf 'the ·united States, because :'their positions ':filled here in the.present business of this country, rhe ·signed it !'" :the great fields of this country might be Qpen to ·them, "that they i\fr. LA. oFOL~E. l\Ir. p~~e ident~- . :might iind 'homes, .ana that they might find occupations ; in other The VICE PRESIDENT. Does the Senator from ~ew~exico words, that·the business of this country :Snould not cea e simply yield to the Senator from Wiseonsin? · because we happen to be in war. l\fr. FALL. The Senator from Wi consin, of cour e, ..must· Mr. President, I voted as I did 1beeause in my State of New 'hm-e some little con ideration -:for me. 1\fexico alone the .Federal Government owns, according to its 'lU:r. LA FOLLETTE. :I do appreciate-- . own l'eports, .1.91,000,000,000 tons of .coa.l-at ~0 cents a ton l\fr. FALL. I yield for a que tion. I believe, howev-er, 'I €Dough coal to raise .Dll the money that we have voted. I :voted shall have to ask the Senator to pardD.q.me. , as :I did because we have 300,000,000 acres of public domain l\Ir. LA FOLLETrrE. Will the Senator permit me .to ..llla.ke in the United States, becau e we nav.e untold billions of w.ealth thi statement'? It 'is a very .brief one. under 'the .ground, because we havB 48.000,000 acres of coalla.nds The -u-ccuracy of a statement which I made in the speech at .belonging to the Unitea , States, forty-five millions aside lfrom St. Paul has been questioned here. I _had ~xpected that I -that in New Mexic:o; because we .have in Government owner­ would ·have an ·opportunity to say a few words in conclusion, ship, aside "from all the privately -owned coal resom·ees of the of this debate, -and at th'at time 1 .had ex:pectea to be given a ' 'United States, approximately two thousand billions of tons of l:ry chance to before the Senate and tbe £ountry the .authority!1 coal belonging to the National Government. upon -which I mn.tle the statement. I thank the Senator fol' We have untold billions of tons of iron belonging to the gh·ing me the opportunity to say that I shall have to avail my- United States Government. ·we have 1.60,000,000 acres of self of some other means of communicating the .facts to the fore~t lands belonging to the United "States Government. W-e ·public. have in Ala ka, alone, sir, an asset which :I will guarantee can 'I thank the Sem:rtorfor his courtesy. be placed with financiers in this country -upon a ba.sis that ·will Mr. FAL-L. :..fr. Pre id-ent, I must of com· e conclllde ver_y pay the sinking fund and the interest upon • 50,000,000,000 of briefly. 1 should like to have 5 or 10 minutes more than will be war indebtedness. It is upon those resom·ces rathe:i than ullowed me. taxing ·tM present industry of the United States, that I would To leav-e the subject to which I .have just referred and go rely for the final payment of this great war .indebtedness. "' back for a moment ln order that I may catch up one ·or two of want to say, sir, that not only can w~ ·raise and spend -this the e bx·oken knots, I want to call attention-particularly the $21,000,000,000 but ·that. rather than -sending word to the :Kaiser attention of the Senator 'from Wisconsin, lf J: did not empb.a.size that our people are growing .restless under the -system of :trr:x:a­ it to him befor~to the.fact that in cliscussing.these war meas- tion already-adopted, we should send word to him that wiih the ure or 'the e 1powers of the President, -and in discussing the natural resources belonging -to · us, without taxing the ·_people arbitrary acts of Abraham Lincoln, I had the two things in ·of the Unitea ·States one dollar, we ..can carry this war ·to a mind, ~-and was ,actuated ·in voting .for the war ·powers of the successful ~onclusion if 'it costs us two hunared and fifty bil· President of the United States because.. QI the .historical fact .lions :rather than twenty.one .billions of dollar . ;with orelation·to the War of the Rebellion. In other "Words, as Dm·ing the deliv-ery of l\fr. FALL's ~peech, the Senator has .said, th~re is no question that when the Presi- · :MESSAGE FROM THE "HOUSE. tlent of the United States decides that in any portion of ·thlS A message from the House orRepreNeritatives, 'by J . C. South, Nation rebellion•exists he can suspend the writ of habeas corpus. its Chief Clerk, announced that the .House had passed ihe bill ·'.ff'hat ~·ight ·has 'been 'conceded him by the com·.ts, .:although ·the (S. 2531) to prevent the publication uf·inventions by the grant Con~titution .itself is silent as -to who may exercise the .right, of patents that might be detrimental to the public safety or :whether it coul-d be exerci ed ·by Congress or .by he Pre ident. convey useful information ·to ·the enemy, to stimulate invention, .Jefferson, however, ·made the ·precedent. and _provide adequate protection to owners of -patents, and for M.r . .President, .I believe in -e tablishing civil tribuna1s wnicb other pm-poses. · · could and would ttry ·a -:v:a1landigham. 'I •believe in establishing The me age also announeed that the ·Hou e agrees to the ci~ 11 tribunals which would have jurisdiction to -try all offenses amendments of the · Sene.t~ to the bill (H. 'R. 4897) to ·provide ·.against this ·Government during thi 'time of -war, and not in Ior the promotion of fir t lieutenants in the .Regular Army and relegating those matters to the arbitrary decision of a ·military National ·Guard ·to the grade of captain, and .. respecting the .court-martial. For that ·eason I ·v-oted for those measures; that Dental Corps of the Army and ·medical 'and dental students, and the Senator himself might exerci e 1the freeaom,of ~ech which for ofl1er purposes. · · he has demanded, ·an-d that ·his ..right to 'it might ·be ·guaranteed · _Th.e message .further announced 1that the .House had passed a nnder the Constitution of the ·Uiiited States and enforced by n concurrent resolution providing f.or the pninting as one document writ of habea corpu.s, .and might not ~be -suspended, as ·was the the three revenue laws, etc., in which it reqltested ::the coneur­ :case with Yallandigham, when he was at .first senteneed to 'in- renee of the Senate. carceration and.then -exiLed 'from'his country. The Senator voted E "ROLLED B.ILI.S AND '.TOll\T RESOLUTION ·SIGNED. n.gainst those measures which pmvid~d a civil tribunal for the trial of such cases. The message also announced that the Spenker uf the .Honse Now, 1\lr. President, to catch up the other knot for just a had signed the following enrolled 'bills and joint resolution, and moment: 'I -v-oted against rthe Senator's ·pToposition ·to tax the they ·were thereupon signed by the :Vice President: :wealth of this country 80 per eent, or the incomes of this H. R . 4897. An net to provide for the promotion of first lieu­ country 80 per cent, and .for that he cries upon me, "Shame! tenants in the Regular Army and National Guard to the g:rade Shame!" of eaptain, and respecting ·the Dental -Corps of the Army .an4 l\fr. President, it is simply a question of difference of opinion medical and dental students, and for other purpos·es; as to the proper way to finance this war. The Senator from H. R. 5723. An act to amend an act entitled "An act to au~ Wiscon in is proceeding, as he says, in this debate ·upon the thorize the establishment of a. Bureau of War-Risk Illsurance in theories ad.vanced 'by Mill ~nd Ada.m 'Smith and other writers the Treasury Department," approved September 2, 1914, and upon economic questions. The Senator is discussing a.nd Toting for otller·purposes; and upon these matters as though we were again in Great Britain H. J. Res.~62. Joint resolution authorizing the expenditure or in France ·or in Germany or in orne other countrv of the of money upon lands purcha ed for use of the Ordnance De­ Old 'Vorld, 'Yith all of our natm·ul resources developed, not an partment of -the Army without reference to ection 355 of the acre of timber or a pound of coal in the possesion of the General Re'\"i ed Statutes. .GoYernment. no resotu·ce what o-ever ·except purely the private "PRIXTI "G OF WA'R-RE\"El'UE ACTS . :wealth of the individuals. The Senator 'for.gets that while we 'Mr. SI'Ml\lO~S. I ask that the concurrent resolution, which estimate Olli' wealth in this country ut approximately :$.187,000,- has just been received •from the :House Qf Representatives, IJrD- 000,000, that estimate is based .u_pon individual wealth, 11pon ~iding ·for the printing of a. certain ri~ber of copies of the the develope

. The concm·rent resolution wa!? read, considered by unanimous sion, on account of the emergency, and that the President be consent, and agreed ta, as follows : notified. . House concurrent resolution 26. The VICE PRESIDENT. ls there objection to the reque·t R esol·t:ea bv the House of Represciltatives (the Senate conctu·ring), of the Senator from Tennessee? The Chair hears none. . That there be printed ns one document the following three revenue The Secretary read as follows.: laws : The act to increase the revenue, and for other purposes, approved September 8, 1916 ; the act to provide increased revenue to defray the William D. Kyser, of Memphis, Tenn., to be United States a-ttorney, expenses of increased appropriations for the Army and Navy and the western district of Tennessee, vice Hubert F. Fisher, resigned. exten ions of fortifications, and for other purposes, approved March 3, 1917 ; and the act to provide revenue to defray war expenses, and for The VICE PRESIDENT. Is there objection? The Chair other purposes, approved October 3, 1917 ; of which 40,000 copies shall hears none, and the nomination is confirmed. The President be for the use of the Senate and 60,000 copies for the use of the House will be notified. of Representatives, the apportionment for the House of Representatives to be distributed through the folding room. ID.!. COTTRELL HODGSON. STATEMENT OF APPROPRI.A.TIOXS. Mr. FALL. Mr. President, of course the Senate can readily :Mr. SMOOT. :Mr. President, at the request of a number of understand that in the course of these interruptions the thread Senators on both sides of the Chamber, I have prepared a state­ of my discourse is very much :h~otted. ment showing the aggregate appropriations for the fiscal year 1\Ir. 'VARREN. 1\.Ir. President-- ending .June 30, 1918, the estimated total receipts of the Gov­ Mr. FALL. Another knot, Mr. President. ernment for the same fiscal year, the bonds and other Govern­ Mr. 'VARRE~. Will the Senator yield to me for a moment? ment obligations authorized, and al o the percentage of appro­ I know be mll not object when be knows what I am about priations covering the expenses of the Government to be raised to ask. by direct taxation. I ask to ha\e the statement printed in the Mr. FALL. I am sure the Senator from Wyoming would not RECORD without taking the time of the Senate to read it at this a k for anything that did not meet my approval. time. l\fr. WARREN. It is simply for the family of an old em­ The VICE PRESIDENT. Is there any objection? The Chair ployee of the Government who has died. I ask that this bill hears none, and it is so ordered. may be taken up and placed upon its passage. The statement referred to is as follows: 1\lr. FALL. I yield for that purpose. The direct appropriations made for the fiscal year The VICE PRESIDENT laid b€:fore the Senate the bill ending June 30, 1918, totaL------$18, 879, 177, 014. 9G (H. B. 5833) granting six months' pay to Ida Cottrell Hodgson There have been contracts authorized by acts of Congress, in addition to direct appropriations, widow of Frederick Grady Hodgson, deceased, colonel, United to be met by future appropriations by Congress States Army, retired. . amounting tO------2,511,553,925.50 Mr. WARREN. I ask unanimous consent for the present Included in the direct appropriations are the fol­ consideration of this bill. lowing items that will not be patd out of the The VICE PRESIDENT. Is there objection? appropriations authorized and for advances to There being no objection, the Senate as in Committee of the foreign countries, which will be paid back to our Government with interest : Whole proceeded to consider the bill. The first war-risk insurance act, later re- The bill was reported to the Senate Without amendment, pealed------10,000,000.00 ordered to a third reading, read the third time, and passed. The sinking fund never set aside ______- ____ _, 60,000,000.00 Loans to foreign countries ______7,000,000,000.00 CONFIRMATION OF NOMINATIONS. Interest on loans to foreign countries ______170,000,000.00 Mr. CHA...."\IBERLAIN. Mr. President, will the Senator per­ Total ______- ··------7,240,000,000.00 mit me to interrupt him for just a moment? The PRESIDING OFFICER (1\Ir. PoMERENE in the chair). Appropriations made______18,879,177,014.96 Deductions not direct payments for Government Does the Senator from New 1\f~x:ico yield to the Senator from expenses ------7,240,000,000.00 Oregon? Mr. FALL. Mr. President, I am very anxious to fa\or Actual Government expenses for year ap­ 11,639,177,014.96 other Senators, but I have exercised a great degree of patience, I propriated for------think. I will yield to the Senator from Oregon, but I should like Revenues to be raised under existing laws: now to give notice that I do not care to be interrupted again. From acts in force before this present extra session of Congt·ess ______1,333,500,000.00 Mr. CHAMBERLAIN. The President has just sent to the From the revenue act passed this session __ _ _ 2,534,870,000.00 Senate the names of a number of officers promoted under the From post-office receipts (J!rovlsion for ex­ law that has just been signed by him-Gen. Pershing, Gen. penses of the Post Office ,JJepartment is in- cluded in the annual appropriations)------325, 000, 000. 00. Bliss, Gen. Crowder, and others provided for under the law­ and I should like to ask, as in open executive session, that these Total revenue______------4,193,370,000.00 nominations be confirmed. Appropriations for expenses of the Government_ __ 11,639,177,014.96 Mr. FALL. Unless there is objection from other som·ces, lle\·enues of the Government______.:. 4,193,370,000.00 there will not be from myself, Mr. President. The PRESIDING OFFICER. Is there objection to con id­ llatance to be provided for______7,445,807,014.96 The act of Sept. 24, 1917, authorizes an addi­ ering these nominations as in executive ses~ion? The Chair tional i sue of bonds to meet expenditures of ·bears none, and the nominations a1·e confirmed. The President the Government oL ______3,538,945,460.00 will be notified. From this i.t will be I'E:en that the appropriations Mr. OVERMAN. :Mr. Pre ~ ident, will the Senator yield to me already made are not covered either by direct to report from the Committee on the Judiciary a nomination taxation or the authorization of a bond issue or which the Department of Justice is \ery anxious to have other Government obligations amounting to the dltrerence between______7, 445, 807, 014. 96 passed upon? And------3,538,945,460.00 l\.Ir. FALL. l\Ir. President, of course these nominations are more important than any other matters that could po ibly Or a balance of______· 3, 906, 861, 554. 96 come before the Congress or be considered by the people of The next Congre s will no doubt provide means for meeting this un­ the United States. I yield. covered amount. Per cent. Mr. OVERMA...~. I ask unanimous consent that the Senate The percenta,ge to be raised by direct taxation is ______36. 02 proceed to consider, as in open executive session, the nomina­ The percentage to be met by Government obligations ______63. 98 tion which is at the desk. 'Ihe percentages raised by direct taxation by other countries in- The SECRETARY. Emmet R. Jordan to be United States mar­ volved in the present war, after three years of continuous and bloody war, is as follows: shal for the District of Alaska, division No. 2. England------26 The PRESIDL""\G OFFICER. Is there objection to the con­ sideration of this nomination as in executive session? iii 1\Ir. KING. I object. Unit8:~~~~==ed States------======::::::::::::::::::::::::::: 36.02 The PRESIDING OFFICER. _Qbjection is made. CO JiiRMATION OF WILLIAM D. KYSER. NOTIFICATION TO 'l'HE PRESIDENT. l\Ir. SHIELDS. })lr. President, I ask unanimous con;;;ent, in 1\Ir. l\LillTIN and Mr. SMOOT appeared, and open . e . ion a. in exacutive session, to make a favorable report l\lr. :M.A.RTIN said: 1\Ir. President, the joint committee of the from the Committee on the Judiciary of the nomination for two Houses of Congre s appointed for the purpose of informing c.listrict attorney in the western district of Tennessee. It is to the President that the work of the session has been concluded fill a. vacancy. Action should be taken upon it before the ad­ and that Congress is ready to adjourn unless be has some other journment of the session. I therefore ask unanimous consent communication to make has performed that duty, and the Presi­ to make the report, and I also ask unanimous consent that the dent has informed us that he has no further communication to nomination be confirmed in open session as in executive ses- make to Congress. 1917. . CONGR:iSSIONAL R-ECORD-SENATE. ·.7897;

'fHANI{S TO THE VICE PRESIDENT. .s. 2434. .An act authorizing the counties of Cass and Itasca, Mmn., to construct a bri

N0MINATIO.:. -s. · COMMUNICATION FROM SECRETARY OF TREASURY-LffiERTY BONDS. I E:reC'ldive nom.inations received by the Senate "fJctober 6 ( le.gis­ The SPEAKER. The 'Ohair lays befo.re the House a tele­ _laJi'L·e ·day of Ootoo·e-~· .5), .!1911. gram from the Secretary of the _Treasury, dated from' Madison, ·s. DO:k., which 'the Ole1·k will 'r..ead. · The Clerk read as follows : Now that 'Congress 1s about to adjourn and the MemberS will ·return -to their res_pecttve homes, may I not J>eg ou to invite eaCh and evel"Y Maj. -Gen. 'J.'a: ker H. !Bli , ·Chief of Btaff, United State~ Army. .one. of them -to speak to -their -constituents upon the 'liberty loan .and M_aj. Gen. John .;;J. Pershing, fUnited ·Sta:'tes i\rmy. -to urge eYeJ;Y citizen to invest "his available means in the bonds of onY Go-vernment, -the afest investment 1n the -world, and at the .same 'time AUJUT.A~~ GENERaL"'£ 'DEPARTMENT. help provide the means to equip, support, .and sustain our gallant soldiers and sailo1·s Jn 'this righte.ous -war? Warm •regards. :Brig. Gen. He~y ·p, .McCain, The .Adjntant General, 1:o be . . . , "W. G. MCADOO. T~e -Adjutant •General, . with ·ank of -major gen:erul from .The 'SP.EAKER. I .thirik I can assure .the -secretary of the October. · .Treasury on 'the rpart of the House that the Members will 'Ilot :rNSEE'c.TOR •GENER.A.I.'S DEPARTMENT. only invest !their own money in ·these bonds as 'far as they .are :Brig. Gen. Jabn ·L. Chamberlain, 1:nspector General, to be able to do so but get everybo~y else to invest. [.A.IJplause.] In pector General, With rank Of major general from. Octobei:. INTERNATIONAL PARLIAMENTARY CONFERE -CE OF COMMERCE. JUDGE .ADVOCA!ffi ·GENERAL'S 'DEPARTMENX. The SPEAKER. rr:'he •Ohair lays b.efore the House n communi­ cation from the Secretary of State, which ought to have been iBr.ig. >Gen. Enoch H. .crowder, J11dge Advocate ·General, to laid before -the Honse some time ago. The Clerk will report it. be Judge Advocate General, with rank of major general "from The Cl-erk ~·ead :as -follows : · · · .Octoher1 ·nmPARTMENT OF STATE, 'CORPS OF ENGTh"EERS. 'Washington, September lij_, 1!111. Hon. CH.AJHP CL.1nK, Brig. Gen. William f. ,Black, Chief of Engineers, to be ·Chief Speaker of -the House -of RQpr-esent.ativcs. l>f Engineers, with Tank of major general 'frm:i:J. Octoher. SIR: Referring to my letter of May 4 last, communicating to -you the invitation extended QJ" the £ecretary general .of the International iPar­ ORDNANCE .!DEPART.ME"NX. lla:mentary Conference of Commerce -to Congress to participate in that Brig: Gen. William Crozier, Chief of Ordnance, .to be Chief of meeting, which was held in Rome May 1, I now have the honor -to in­ form iYOU i:lurt a. ,telegram has 'been recclveil tfrom the :A.merican rambns­ ' Ordnance, with rank of major general from 1Dctob'er. sador in ', .in whioh he states .that the conference .is desirous 'tllat -BIGNAL CO.RPB. the "'United States send delegates -to the coming meeting to be held in Pacls:from the ll:th to the 4th of October, and requests tn be informe~ J3rig. Gen. George 0. SquierJ rcllief 'Sigruil 'Qffi.cer, to be .Chief ·wlla:t decision thas been ~eached illy Congres . Signal Officer, with ra:nk of major .general ..from -D.ctober. Since the · ~eeeipt .of .the :telegram above referred to a 1'!econd tmessage I • • has been received from -the American ambassailor in 1Pru,1s 'in -w'hic:h BUBEAU OF INSULAR AFFAIRS. I he states that he has been .advised th.at Belgium, ·England, "Italy, .Japan, 'Portugal, Roumania, and ··serbia •will be represented. .Brig. Gen. Frnnk Ictntyre, Chief of "the "Bureau of !nsnlar I The ambassador is further advised that England is to send a del&- Affairs, Ito :be •Qbief ·of :the ·Bmeau nf Insular Affuirs, with the gation from the Honse of Lords and the House ·Of Commons; Italy to rank of m~jor general .from Dctoher. be represented by 1\Ir. 'Tittoni. some time Italian ambassador at Paris, and by M.r. Ferrari who :was former minister of ·state. It appears from Ambassador Sharp's message ·'tlurt iUscussions of u private character ,-will be· held with the. presidents of the:tarl1f commissions, and 1rhould the United States .conclude to ·pru::ticlpate a .solemn session .will .take '7:1 _ ...~-· - • 1-.: 1i "' -,... ,.7 S ., :1. place in the senate 'in honor of the :A:merican U.elega1:e'S. - :c.:cec·udve U011UI1:'!.u~>llTl.s ·:con ~"''neu 1u'!J IIILB ena.e 0 ctover 6 ".Th~ •coming .Iriternati:onal .Pllrllamenta.ry Conference wm 'be J;lresiaed (:Zegtslabve day of -Oo'to'ber ~ 5-), :nl1'i. over by Mr• .Doumer,-·vmo.is minister f :state 1n the ·French ·cabmet. i" , tS A. According .to the statement o:f the s.eCEetary .:general, the .conference 'u \:!TED · TATES n..'ITORNEY. t "Waf! ~ounded in be year :191.4, at the uggestion uf the commercial' coni- William D. Kyser to 'be 'Unitea Rtates .attorney .tor the -west- ' ..mission .o1 the .Honse of Commons, under the :Patronage of the B lQ.an rn district of Tennessee 1' ·King, betor~ the -~eclarati:on -nf lWa.t; ;and :is ;purely an · ~cefOl'e the Rouse the foTiowing communi- Brig. Gen. Enoch H. Ooowder. I cation 'from the -secretary ef State, whicb, with the accompany:. 'Brig. -Gen. William M . .Black. j1ing' docnment, was referred to tthe 'Committee on 'Foreign ·Affah·s • . . DEPARTM!ih~T OF 8TATE1 Brig. 1Gen. William ,crozier. 1 "'Washingtot~, ·September !6, 1!117. Brig. Gen. George 0. Squier. !rhe Hon. ·CHAMP CLARK ... Brig. Gen. Frank Mcintyre. .Bpoo1._er of the 'House of Repres-entatives. r Srn : I 'have the l.onor 'to inclose 'herewith, for your information, a I copy of a dispateh from the American charge d'atraires at Tokyo, Japan, together •with co_pies .of ·the .inclosures :therewith, ,peporting ttbat on the .18th inStarrt a party of .five members of the lower .house of the.:Japane e .HOUSE OF REPRESEN'J.'ATIVES. J)iet would sail from 'Yokohama 'for the United tates for the -pu.rpo.se .of ·studying ..gene.rnJ poltticul, .social, .and eeonomic conditions ·in 'this SATUJIDAY_, October 6.,.1917. country. 1 have .the honor to be, 'Sir . ·The House ·met at J.2 o'clock n-oon. Your .obedient servant, (-Signed) ROBERT LANSI~G. The Chaplain, Rev. Henry N. Oouden, D. D., offered the fol­ Inclosures: Copy o'f dispatch No. 827, SeJ?tember 4, .19'17, .from 'tile lowing prayer : American cha1·ge d'affaires at -Toh--yo and cop1es ,of the inclosures there­ ·o 'IIhou who hast :been •our refuge ana our strength, a rver:y with. present help in troub1e, from lthe beginning ef our :Republic, 033.9411~9.5. -continue, :we jlray "Thee, to 10pbold, sustain and .guide ·us, in AnDRE s OF JOSEPH w. FOLK. the present crisis which has been thrust upon -us. An