out the exercise of visit and search, the Government of the United States has determined to place upon all American merchant vessels sailing through the barred areas an armed guard for the protection of the vessels and the lives of the persons on board. The Secretary of State to the Minister of Switzerland in charge of German interests in America. No. 416.] DEPARTMENT OF STATE, Washington, March 20, 1917. SIR: I beg to acknowledge the receipt of your note of February 10th presenting the proposals of the German Government for an interpretative and supplementary agreement as to Article 23 of the Treaty of 1799. After due consideration, I have to inform you that the Government of the United States is not disposed to look with favor upon the proposed agreement to alter or supplement the meaning of Article 23 of this Treaty. This position of the Government of the United States, which might under other conditions be different, is due to the repeated violations by Germany of the Treaty of 1828 and the Articles of the Treaties of 1785 and 1799 revived by the Treaty of 1828. It is not necessary to narrate in detail these violations, for the attention of the German Government has been called to the circumstances of each instance of violation, but I may here refer to certain of them briefly and in general terms. Since the sinking of the American steamer William P. Frye for the carriage of contraband, there have been perpetrated by the German naval forces similar unwarranted attacks upon and destruction of numerous American vessels for the reason, as alleged, that they were engaged in transportation of articles of contraband, notwithstanding and in disregard of Article 13 of the Treaty of 1799, that "No such articles (of contraband) carried in the vessels or by the subjects or citizens of either party to the enemies of the other shall be deemed contraband so as to induce confiscation or condemnation and a loss of property to individuals," and that "In the case . . . of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port or further detained, but shall be allowed to proceed on her voyage." In addition to the sinking of American vessels, foreign merchant vessels carrying American citizens and American property have been sunk by German submarines without warning and without any adequate security for the safety of the persons on board or compensation for the destruction of the property by such action, notwithstanding the solemn engagement of Article 15 of the Treaty of 1799 that "All persons belonging to any vessel of war, public or private, who shall molest or insult in any manner whatever the people, vessels, or effects of the other party shall be responsible in their persons and property for damages and interest, sufficient security for which shall be given by all commanders of private armed vessels before they are commissioned," and notwithstanding the further stipulation of Article 12 of the Treaty of 1785 that "The free intercourse and commerce of the subjects or citizens of the party remaining neutral with the belligerent powers shall not be interrupted." Disregarding these obligations, the German Government has proclaimed certain zones of the high seas in which it declared without reservation that all ships, including those of neutrals, will be sunk, and in those zones German submarines have, in fact, in accordance with this declaration, ruthlessly sunk merchant vessels and jeopardized or destroyed the lives of American citizens on board. Moreover, since the severance of relations between the United States and Germany, certain American citizens in Germany have been prevented from removing freely from the country. While this is not a violation of the terms of the treaties mentioned, it is a disregard of the reciprocal liberty of intercourse between the two countries in time of peace, and can not be taken otherwise than as an indication of a purpose on the part of the German Government to disregard in the event of war the similar liberty of action provided for in Article 23 of the Treaty of 1799-the very article which it is now proposed to interpret and supplement almost wholly in the interest of the large number of German subjects residing in the United States and enjoying in their persons or property the protection of the United States Government. This article provides in effect that merchants of either country residing in the other shall be allowed a stated time in which to remain to settle their affairs and to "depart freely, carrying off all their effects without molestation or hindrance," and women and children, artisans and certain others, may continue their respective employments and shall not be molested in their persons or property. It is now proposed by the Imperial German Government to enlarge the scope of this article so as to grant to German subjects and German property remaining in the United States in time of war the same treatment in many respects as that enjoyed by neutral subjects and neutral property in the United States. In view of the clear violations by the German authorities of the plain terms of the treaties in question, solemnly concluded on the mutual understanding that the obligations thereunder would be faithfully kept; in view, further, of the disregard of the canons of international courtesy and the comity of nations in the treatment of innocent American citizens in Germany, the Government of the United States can not perceive any advantage which would flow from further engagements, even though they were merely declaratory of international law, entered into with the Imperial German Government in regard to the meaning of any of the articles of these treaties, or as supplementary to them. In these circumstances, therefore, the Government of the United States declines to enter into the special protocol proposed by the Imperial Government. I feel constrained, in view of the circumstances, to add that this Government is seriously considering whether or not the Treaty of 1828 and the revived articles of the treaties of 1785 and 1799 have not been in effect abrogated by the German Government's flagrant violations of their provisions, for it would be manifestly unjust and inequitable to require one party to an agreement to observe its stipulations and to permit the other party to disregard them. It would appear that the mutuality of the undertaking has been destroyed by the conduct of the German authorities. Accept, etc., ROBERT LANSING. The Minister of Switzerland in Charge of German Interests in America to the Secretary of State. LEGATION OF SWITZERLAND, DEPARTMENT OF GERMAN INTERESTS. SIR: According to instructions of my Government, I have the honor to forward to Your Excellency the following communication of the German Government: [Translation.] The German Government challenges the assertion that it has violated the treaties of 1785, 1799, and 1828. American citizens may freely leave Germany and for the most part have already done so. That departure from the country is delayed under certain circumstances is to be ascribed to necessary precautionary measures. Since the provisions of article 12 of the treaty of 1785, and article 13 of the treaty of 1799 do not oppose blockade or obstructions similar to blockade, the U-boat warfare does not contravene them. In turn, Germany has to reproach the United States with a violation of those treaties in that, without justification on the ground of neutrality, it prevented the departure, on and after the beginning of the war, of various German merchant vessels, contrary to the treaty of 1828; contrary to article 19 of the treaty of 1799, the American Government, in the Appam case, also contested the right of the prize to stay in American ports and permitted judicial proceedings against the prize. Until further notice the German Government will adhere to the maintenance of article 23 of the treaty of 1799, inasmuch as it assumes from the declarations heretofore made by the State Department that the American Government holds the same view for the present situation as well as for a possible state of war; in the same supposition it will place a liberal construction upon the article; that is to say, will not prevent money remittances to the United States, and also, in particular, honor Imperial Treasury certificates and continue to allow Americans to depart. Accept, etc., P. RITTER, Swiss Minister. PART XV. DECLARATION OF WAR AGAINST THE IMPERIAL GERMAN GOVERNMENT. Circular Telegram to all the Missions. DEPARTMENT OF STATE, Washington, April 2, 1917. The President addressed the Special Session of Congress this evening in regard to the international situation. After briefly reviewing the submarine controversy with Germany, he pointed out that the present submarine warfare is a warfare against mankind; that in view of developments armed neutrality is worse than ineffectual and is only likely to produce what it was meant to prevent; that we cannot choose the path of submission and are arraying ourselves against wrongs which cut to the very roots of human life. With a profound sense of the solemn and even tragical character of the step he advised the Congress to declare the recent course of the German Government to be in effect nothing less than war against the Government and people of the United States and proposed that it take immediate steps to put the country in a thorough state of defense and employ all its power and resources to bring the German Empire to terms and end the war. This will involve utmost practicable coöperation in counsel and action with the Governments now at war with Germany; the extension of financial credits, material aid, and addition to armed forces of at least 500,000 men upon principle of universal military service. Legislative proposals along these lines will be promptly introduced. We have no quarrel with the German people, but only with the autocratic government which has brought on the present situation. The world must be made safe for democracy, which seems to be in the balance. We have no selfish ends to serve. We desire no conquest, no dominion; we seek no indemnities for ourselves, no material com |