array ourselves are no common wrongs; they cut to the very roots of human life. 15 Before the outbreak of the war the following were the standin orders in the German Navy for dealing with even enemy mercha vessels, and if that was the case how much more consideratio should be given to neutrals. The new German orders are a braze Code, p. 75.) General orders of German Admiralty staff, Berlin, June 22, 1914 (Note date.) to use the seas against unlawful interference, our right to keep our people safe against unlawful violence. But armed neutrality, it now now appears, is impracticable.14 Because submarines are in effect outlaws, when used as the German submarines have been used against contradiction of their own previous precepts. (German Pris merchant shipping, it is impossible to defend ships against their attacks, as the law of nations has assumed that merchantmen would defend themselves against privateers or cruisers, visible craft giving chase upon the open sea. It is common prudence in such circumstances, grim necessity indeed, to endeavor to destroy them before they have shown their own intention. They must be dealt with upon sight, if dealt with at all. 14 In 1798, on account of the attacks on our commerce by French cruisers and privateers, Congress empowered President John Adams to arm merchant vessels, to let them defend themselves, and to let our warships attack the offending French vessels. There were several really serious naval battles (especially when the U. S. S. Constellation took the French frigate L'Insurgente, 1799), and international experts are of the opinion that very probably an actual state of war existed. In any case the country was headed straight into war, and preparations were being made to raise a strong army with Washington again as commander, with Alexander Hamilton under him, while an alliance was being discussed with England. Then at the last moment, Napoleon, who had just come to power, had the wisdom to offer terms President Adams could accept. The German Imperial Government had no such wisdom or restraint. The German Government denies the right of neutrals to use arms at all within the areas of the sea which it has proscribed even in the defense of rights which no modern publicist has ever before questioned 15 their right to defend. The intimation is conveyed that the armed guards which we have placed on our merchant ships will be treated as beyond the pale of law and subject to be dealt with as pirates would be. Armed neutrality is ineffectual enough at best; in such circumstances and in the face of such pretensions it is worse than ineffectual; it is likely only to produce what it was meant to prevent; it is practically certain to draw us into war without either the rights or the effectiveness of belligerents. There is one choice we can not make, we are incapable of making: we will not choose the path of submission and suffer the most sacred rights of our nation and our people to be ignored or violated. The wrongs against which we now "If an armed merchant vessel of the enemy offers armed re sistance, such resistance may be overcome with all means possible The crew are to be taken prisoners of war. The passengers are t be left to go free unless it appears that they participated in the resistance. (German Prize Code, p. 68, par. 116.) "Before proceeding to the destruction of the (neutral) vess (which has been seized for proper reason), the safety of all person on board, and, so far as possible, their effects, is to be provided for. Dr. Wehberg (great German authority on international law quoted in American Journal of Int. Law, Oct. 1916, p. 871). "The enemy merchant ship has the right of defense agains enemy attack, and this right it can exercise against ‘visit' (i. e. being stopped and investigated), for this indeed is the first act o capture. The attacked merchant ship can indeed itself seize the overpowered warship as a prize. ' And still again— In Oxford, 1913, at a meeting of the Institute of Internationa Law, at which the representatives of Germany, as well as of all other great nations, were present, it was decided as a firm principle: "Private vessels may not commit acts of hostility against the enemy; they may, however, defend themselves against the attac of any enemy vessel." (American Journal of International Lau, vol. 10, 1916, p. 868.) 16 Right of American citizens to protection in their doings abroad and on the seas no less than at home. Decided by Supreme Cour of United States. (Slaughter House Cases, 16 Wall., 36.) "Every citizen has the right to demand the care and protection of the United States when on the high seas or within the jurisdic tion of a foreign Government." See Cooley's Principles of Constitutional Law, third edition, pag 273 (standard authority). Obviously a Government which can not or will not protect it citizens against a policy of lawless murder is unworthy of respect abroad or obedience at home. The protection of the lives of the innocent and law-abiding is clearly the very first duty of a civil ized state. With a profound sense of the solemn and even tragical character of the step I am taking and of the grave responsibilities which it involves, but in unhesitating obedience to what I deem my constitutional duty, I advise that the Congress declare the recent course of the Imperial German Government to be in fact nothing less than war against the Government and people of the United States;" that it formally accept the status of belligerent which has thus been thrust upon it; and that it take immediate steps not only to put the country in a more thorough state of defense, but also to exert all its power and employ all its resources to bring the Government of the German Empire Apr. 23. H. R. 2008........Extending minority enlistments in the to terms and end the war. 17 Wars do not have to be declared in order to exist. The mere commission of warlike or unfriendly acts commences them. Thus the first serious clash in the Mexican war took place April 24, 1846. Congress "recognized” the state of war only on May 11 of that year. Already Gen. Taylor had fought two serious battles at Palo Alto and Resaca de la Palma. Many other like cases could be cited; the most recent was the outbreak of the war between Japan and Russia. In 1904 the Japanese attacked the Russian fleet before Port Arthur, and only several days after this battle was war "recognized." If the acts of Germany were unfriendly war in the strictest sense existed when the President addressed Congress. What this will involve is clear. It will involve the utmost practicable cooperation in counsel and action with the Governments now at war with Germany, and as incident to that, the extension to those Governments of the most liberal financial credits, in order that our resources may so far as possible be added to theirs. It will involve the organization and mobilization of all the material resources of the country to supply the materials of war and serve the incidental needs of the Nation in the most abundant and yet the most economical and efficient way possible. It will involve the immediate full equipment of the Navy in all respects, but particularly in supplying it with the best means of dealing with the enemy's submarines. It will involve the immediate addition to the armed forces of the United States," already already provided for by law in case of war, of at least 500,000 men, who should, in my opinion, be chosen upon the principle of universal liability to service, and also the authorization of subsequent additional increments of equal force so soon as they may be needed and can be handled in training. It will involve also, of course, the granting of adequate credits 18 to the Government, sustained, I hope, so far as they can equitably be sustained by the present generation, by wellconceived taxation. 18 Bills passed by Congress, with dates on which they were presented to President: Apr. 5. S. J. Res. 1...Declaration of war. 17. H. R. 12......Deficiency appropriation bill for the year ending June, 1917. 23. H. R. 2762........Bond-issue bill. 23. H. R. 2339....Increasing number of midshipmen at An napolis. Navy. 23. H. R. 2338........Authorizing additional officers for Hydrographic Office. 23. H. R. 2300....Increasing age limit for officers in Naval Reserve. 23. H. R. 1771....Amending naval appropriations act for the year ending June, 1917. May 5. H. R. 2893....Permitting foreign governments to enlist their nationals residing in the United States. 10. S. J. Res. 42...Authorizing seizure of interned German ships. 11. H. R. 13......Army appropriation bill for the year ending June, 1918. 15. H. R. 2337....Enrollments of aliens in the Naval Reserve. 16. H. R. 3330....Increasing Navy and Marine Corps to 150,000 men. 18. S. 1871....... Conscription bill. Bills in conference on May 17: Apr. 16. H. R. 11......Sundry civil appropriations for the year ending June, 1918. 16. H. R. 10......Military Academy appropriations for the May 15. S. 2.... Bills awaiting action of one House: S. 383..........Passed Senate Apr. 9, punishing the destruction of war material. H. R. 328......Passed House May 9, car shortage. H. R. 3971.....Passed House May 2, special war appropriation bill. I say sustained so far as may be equitable by taxation, because it seems to me that it would be most unwise to base the credits, which will now be necessary, entirely on money borrowed. It is our duty, I most respectfully urge, to protect our people, so far as we may, against the very serious hardships and evils which would be likely to arise out of the inflation which would be produced by vast loans. In carrying out the measures by which these things are to be accomplished we should keep constantly in mind the wisdom of interfering as little as possible in our own preparation and in the equipment of our own military forces with the duty-for it will be a very practical duty-of supplying the nations already at war with Germany with the materials which they can obtain only from us or by our assiatance. They are in the field, and we should help them in every way to be effective there.19 19 To anyone who will reflect upon the subject, it will soon appear to be preposterous folly to suggest that we "go it alone" against Germany, and to fail to give all possible aid to her original enemies. Obviously unless we send munitions, troops, submarine chasers, etc., to France, England, and possibly Russia, since the German high-sea fleet does not at present come out, the war for us will mean little more than calling names across the Atlantic-until the European war is ended, and then if Germany has a pound of strength left (and very possibly she might be victorious) she can vent on us all her hate and fury, and exact from us the indemnities she can not wring from a bankrupt Europe. So obvious is the military necessity of giving every possible help to the present enemies of Germany that those who try to thwart this are almost open to the very grave criminal charge of giving aid and comfort to the enemies of the United States. in which it will be insisted that the same standards of conduct and of responsibility for wrong done shall be observed among nations and their governments that are observed among the individual citizens of civilized states.22 21 Contrast these two standards: Bethmann-Hollweg addressing the Reichstag, August 4, 1914. "We are now in a state of necessity and necessity knows no lav Our troops have occupied (neutral) Luxemburg and perhaps alread have entered Belgium territory. Gentlemen, this is a breach c international law. The wrong-I speak openly-the wrong hereby commit we will try to make good as soon as our militar aims have been attained. "He who is menaced as we are, and is fighting for his higher * * * Or Frederick the Great again, the arch prophet of Prussianist speaking in 1740 and giving the keynote to all his successors, “Tì question of right is an affair of ministers. It is time. consider it in secret, for the orders to my troops have been given and still, again, "Take what you can; you are never wrong unles you are obliged to give back." (Perkins, France under Louis X vol. 1, pp. 169–170.) Against this set the words of the first President of the your American Republic, speaking at a time when the Nation was s weak that surely any kind of shifts could have been justified « the score of necessity. I shall take the liberty of suggesting, through the several executive departments of the Government, for the consideration of your committees, measures for the accomplishment of the several objects I have mentioned. I hope that it will be your pleasure to deal with them as having been framed after very careful thought possession, can only consider how he is to hack his way through." by the branch of the Government upon whom the responsibility of conducting the war and safeguarding the Nation will most directly fall. While we do these things, these deeply momentous things, let us be very clear, and make very clear to all the world, what our motives and our objects are. My own thought has not driven from its habitual and normal course by the unhappy events of the last two months, and I do not believe that the thought of the Nation has been altered or clouded by them. I have exactly the same things in mind now that I had in mind when I addressed the Senate on the 22d of January last; the same that I had in mind when I addressed Congress on the 3d of February and on the 26th of February 20 Our object now, as then, is to vindicate the principles of peace and justice in the life of the world as against selfish and autocratic power, and to set up among the really free and selfgoverned peoples of the world such a concert of purpose and of action as will henceforth insure the observance of those principles. 20 On January 22 Mr. Wilson spoke in favor of a league to secure peace. On February 3 he announced he had broken diplomatic relations with Germany, but expressed the earnest hope that issues would not proceed to a clash of arms. On February 26 he asked for "armed neutrality," but still avoided an actual state of war. Neutrality is no longer feasible or desirable where the peace of the world is involved and the freedom of its peoples, and the menace to that peace and freedom lies in the existence of autocratic governments,21 backed by organized force which is controlled wholly by their will, not by the will of their people. We have seen the last of neutrality in such circumstances. We are at the beginning of an age Said George Washington in his first inaugural address (1789 "The foundations of our national policy will be laid in the pur and immutable principles of private morality. There exists į: the course of nature an indissoluble union between virtue ani happiness, between duty and advantage, between honest polic and public felicity" [and] "the propitious smiles of heaven c never be expected on a union [or government] that disregards th eternal rules of order and right, which heaven itself has ordained The present war is for a large part being waged to settle whethe the American or the Prussian standard of morality is valid. 22 The autocratic spirit of the German Emperor is clearly reveale in his own utterances (cf. p. 11). The Imperial Government i in form a government by the Emperor and the Imperial Die, The dominant factor in the latter is the Federal Council (Bunde rat), appointed by the kings and princes. Here as King of Prussia William II, can make or break any policy. Prussia is the co trolling factor political, economic, and military in modern Germany In area it constitutes two-thirds of Germany, and five-eighths of i population and two-thirds of the members of the lower house of th German Congress are Prussians. Within Prussia there is litt limit on the power of William II. In a constitution which h] great uncle "decreed" in 1850 the rights of the King and of th "Junkers" (the feudal military nobles east of the Elbe) are care, fully guarded. The constitution of Prussia has remained practically unchange and the electorial districts and three class voting system of nearly years ago still exist. Liberal industrial and socialistic elemen in the great modern cities and manufacturing areas are withou adequate representation in the Prussian Diet, and the old countr districts are practically "rotten boroughs" where the peasant wh votes by voice, not written ballot, is at the mercy of his feuda noble landlord. It is the latter who back the throne and its aute cratic power so long as the policy suits their narrow provincia militaristic views formed in the days of Frederick the Great and hi despotic father and revived and glorified by Bismarck. We have no quarrel with the German people We have no feeling toward them but one of sympathy and friendship. It was not upon H E eir impulse that their government acted in ntering the war.2 23 It was not with their revious knowledge or approval.24 It was a ar determined upon as wars used to be etermined upon in the old unhappy days, days, hen peoples were nowhere consulted by their ilers and wars were provoked and waged in he interest of dynasties 25 or of little groups of of mbitious men who were accustomed to use heir fellow men as pawns and tools. 23 When the crisis was precipitated late in July, 1914, there was a rong peace-party in Germany, and earnest protests were made ainst letting Austrian aggression against Serbia start a world onflagration. In Berlin on July 29, 28 mass meetings were held denounce the proposed war, and one of them is said to have been tended by 70,000 men. The Vorwaerts (the great organ of the cialists) declared on that day, "the indications proved beyond a oubt that the camarilla of war lords is working with absolutely ascrupulous means to carry out their fearful designs to precipitate 1 international war and to start a world-wide fire to devastate urope." On the 31st this same paper asserted that the policy of he German Government was "utterly without conscience." Then me the declaration of "war emergency" (Kriegsgefahr), mobilizaon, martial law, and any expression of public opinion was stilled i Germany. 24 The German people had not the slightest share in shaping the vents which led up to the declaration of war. The German mperor is clothed by the imperial constitution with practically itocratic power in all matters of foreign policy. The Reichstag as not even a consultative voice in such matters. The German onstitution (art. 11) gives to the Emperor specific power to "deare war, conclude peace, and enter into alliances." The proision that only defensive wars may be declared by the Emperor one puts the power in his hands to declare this and any other ar without consulting any but the military group, for no power modern times has ever admitted that it waged aggressive warfare. William II declared this war without taking his people into the ightest confidence until the final deed was done. The whole tendency of responsible German statesmen has been o ignore the people in foreign affairs. The retired chancellor, 'rince von Bülow, defended this policy bluntly on the ground that he Germans were not capable of self-government, saying "We are ot a political people." 26 affairs which will give them an opportunity to strike and make conquest. Such designs can be successfully worked out only under cover and where no one has the right to ask questions. Cunningly contrived plans of deception or aggression, carried, it may be from generation to generation, can be worked out and kept from the light only within the privacy of courts or behind the carefully guarded confidences of a narrow and privileged class. They are happily impossible where public opinion commands and insists upon full information concerning all the nation's affairs. 26 There is abundant evidence that the situation in Europe in July, 1914, was regarded by the German "jingo" party-Von Tirpitz, Bernhardi, et al.- -as peculiarly favorable. Russia was busy rearming her army, and her railway system had not yet been properly developed for strategic purposes. France was vexed with labor troubles, a murder trial was heaping scandal upon one of her most famous statesmen, and her army was reported by her own statesmen as sadly unready. England seemed on the point of being plunged into a civil war by the revolt of a large fraction of Ireland. Such a convenient crippling of all the three great rivals of Germany might never come again. The murder of the arch-duke of Austria at Serajevo came, therefore, as a most convenient occasion for a stroke which would either result in great increase of Teutonic prestige or enable Germany to fight with every possible advantage. There is official Italian evidence that Serbia would have been attacked by the Teutonic powers in August, 1913, if Italy had consented to help the scheme. Her refusal made the AustroGerman warlords wait until July, 1914, when they felt the situation favorable enough to be able to strike without awaiting for the aid of Italy. (Signor Giolitti, in Italian Parliament, Dec. 5, 1914.) A steadfast concert for peace can never be maintained except by a partnership of democratic nations." No autocratic Government could be trusted to keep faith within it or observe its covenants. It must be a league of honor, a partnership of opinion. Intrigue would eat its vitals away; the plottings of inner circles who could plan what they would, and render account to no one, would be a corruption seated at its very heart. Only free orming an old Latin adage, making it read: “The will of the king people can hold their purpose and their honor As for William II, speeches without number can be cited to show is sense of his own autocratic authority-e. g., speaking at Königserg, in 1910—“Looking upon myself as the instrument of the Lord, egardless of the views and the opinions of the hour, I go on my way." nd another time: "There is but one master in this country; it is I, nd I will bear no other." He has also been very fond of trans the highest law." 25 President Wilson probably had in mind such wars as those of Louis XIV, waged by that King almost solely for his own glory and nterest and with extremely little heed to the small benefit and reat suffering they brought to France. The War of the Spanish uccession (begun in 1701) was particularly such a war. History, of ourse, contains a great many others begun from no worthier motive, ncluding several conducted by Prussia and earlier by Philip II of pain. Self-governed nations do not fill their neighpor States with spies or set the course of inrigue to bring about some critical posture of steady to a common end, and prefer the interests of mankind to any narrow interest of their own.28 27 The willingness of Prussian rulers to precipitate war and to throw aside ordinary considerations for peace is best illustrated, of course, by the famous "Ems incident" of 1870. At that time Bismarck had decided that the quickest way to promote German unity and serve his political schemes was to precipitate a war with France. The inflamed state of public opinion in France against Prussia made the task easy for him. On July 13, 1870, he received a telegram from King William I, telling of an interview he had had with the French ambassador, about a very ticklish matter, and leaving it to Bismarck to decide what facts it was wise to give to the press. Bismarck, after consulting Von Moltke as to the state of the army, deliberately cut down and sharpened the wording of the telegram, very moderately phrased, from the King so as to make it appear that a deliberate insult had been offered the French ambassador, and then gave out this text of the dispatch for publication. This so enraged Paris public opinion, that war was immediately declared. Bismarck took great pride in this stroke, and the facts are related in all the standard German histories, as well as many others which copy them. Bismarck always regarded the manner in which he precipitated this war as a masterpiece of statecraft. It remained a kind of glorious example of true public policy for the next generation of public men in Germany. (See the account by Bismarck himself in his memoirs translated as Bismarck; The Man and the Statesman. 28 The great humanitarian aims of The Hague peace conferences of 1899 and 1907 were the limitation of armaments and the compulsory arbitration of international disputes. Unanimity among the world powers was essential to the success of both. None dared disarm unless all would do so. The great democracies, Great Britain, France, and the United States, favored both propositions, but Germany, leading the opposition, prevented their adoption. She agreed with reluctance to a convention for optional arbitration, but refused at the second conference even to discuss disarmament. [See Scott, James Brown, The Hague Peace Conferences of 1899 and 1907, I, index "Armaments" and "Arbitration."] Does not every American feel that assurance has been added to our hope for the future peace of the world by the wonderful and heartening things that have been happening within the last few weeks in Russia? Russia was known by those who knew her best to have been always in fact democratic at heart in all the vital habits of her thought, in all the intimate relation ships of her people that spoke their natural instinct, their habitual attitude toward life. The autocracy that crowned the summit of her political structure, long as it had stood and terrible as was the reality of its power, was not in fact Russian in origin, character, or purpose, and now it has been shaken off and the great generous Russian people have been added, in all their naive majesty and might, to the forces that are fighting for freedom in the world for justice, and for peace. Here is a fit partner for a league of honor. 29 29 The whole autocratic régime has been imposed on a people whose instincts and institutions are fundamentally democratic. The deposed Romanoff dynasty began in an election among the nobles. Peter the Great and the more despotic of his successors created largely by imitation and adaptation of German bureaucracy the machinery with which they ruled. Underneath this un-Russian machinery of despotism Russian communal and local life has preserved itself with wonderful vitality. During the Russian revolution of 1905-6 it was perfectly ev that the German Government was doing its uttermost to help Czar and the old régime. The passage of revolutionary exile Germany was constantly hindered; many were arrested by Prussian police, and all who succeeded in entering Germany kept under constant espionage. The Czar and the Kaiser were hand in glove to a large er before the war broke out. The German White Paper, which published at the outbreak of the war, containing telegrams Fi passed personally between Nicholas II and Wilhelm II, give peated appeals from one to the other as representatives of a com interest. One of the things that have served to c vince us that the Prussian autocracy was and could never be our friend is that from t very outset of the present war it has filled unsuspecting communities, and even our offic of government, with spies and set criminal i trigues everywhere afoot against our nation unity of counsel, our peace within and wit out, our industries, and our commerce. deed it is now evident that its spies were he even before the war begun and it is unhapp not a matter of conjecture, but a fact prov in our courts of justice, that the intrig which have more than once come perilou near to disturbing the peace and dislocati the industries of the country, have been c ried on at the instigation, with the support, a even under the personal directions of offic agents of the Imperial Government accredite to the Government of the United States. 30 Besides undoubtedly many matters which from reasons public policy the Government has still kept hidden, the Hous Representatives Committee on Foreign Affairs when it presen the war resolution following the President's message, went formal record as listing at least 21 crimes or unfriendly acts co mitted upon our soil with the connivance of the German Gove ment since the European war began. Among these were: Inciting Hindoos within the United States to stir up revolts India, and supplying them with funds for that end, contrary to neutrality laws. T Running a fraudulent passport office for German reservists. was supervised by Capt. von Papen of the German Embassy. Sending German agents to England to act as spies, equipp with American passports. Outfitting steamers to supply German raiders, and sending the out of American ports in defiance of our laws. Sending an agent from the United States to try to blow up ti International Bridge, at Vanceboro, Me. Furnishing funds to agents to blow up factories in Canada. Five different conspiracies, some partly successful, to mar facture and place bombs on ships leaving United States ports. F these crimes a number of persons have been convicted, also Cons General Bopp, of San Francisco (a very high German officà accredited to the United States Government), has been convict of plotting to cause bridges and tunnels to be destroyed in Canada. |