D 619 .04 1917c Copy 1 619 .P4 1917c Copy 1 INGRESS, ission. HOUSE OF REPRESENTATIVES. Report No. 1. WAR WITH THE IMPERJ1L GERMAN GOVERNMENT. April 4, 1917.- -Committed to the Committee of the Whole House on the state of the Union and ordered to be printed. 14 . % ' - Mr. Flood, from the Committee on Foreign Affairs, submitted the following KEJPOflT. [To accompany H. J. Res. 24.] The Committee on Foreign Affairs, to which was referred the joint resolution (H. J. Res. 24) declaring that a state of war exists between the Imperial German Government and the Government and people of the United States, and making provision to prosecute the same, having had the same under consideration, reports it back with amend- ment, and recommends that the resolution, as amended, do pass. Page 1, strike out all after the title, and insert in lieu thereof the following : Whereas the Imperial German Government has committed repeated acts of war against the Government and people of the United States of America : Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial German Government which has thus been thrust upon the United States is hereby formally declared; and that the President be, and he is hereby, authorized and di- rected to employ the entire naval and military forces of the United States and the resources of this Government to carry on war against the Imperial German Govern- ment; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States. It is with the deepest sense of responsibility of the momentous results which will follow the passage of this resolution that your committee reports it to the House, with the recommendation that it be passed. The conduct of the Imperial German Government toward this Government, its citizens, and its interests has been so discourteous, unjust, cruel, barbarous, and so lacking in honesty and fair dealing that it has constituted a violation of the course of conduct which should obtain between friendly nations. In addition to this, the German Government is actually making war upon the people and the commerce of this country, and leaves no course open to this Government but to accept its gauge of battle, declare that a state of war exists, and wage that war vigorously. ^6333 2 WAR WITH THE IMPERIAL GERMAN GOVERNMENT. On the 31st day of January, 1917, notice was given by the Imperial German Government to this Government that after the following day- Germany will meet the illegal measures of her enemies by forcibly preventing, in a zone around Great Britain, France, Italy, and in the eastern Mediterranean, all navi- gation, that of neutrals included, from and to England and from and to France, etc. All ships met within that zone will be sunk. Since that day seven American ships flying the American flag have been sunk and between 25 and 30 American lives have been lost as a result of the prosecution of the submarine warfare in accord- ance with the above declaration. This is war. War waged by the Imperial German Government upon this country and its people. A brief review of some of the hostile and illegal acts of the German Government toward this Government and its officers and its people is herewith given. Germany's conduct of submarine warfare. In the memorial of the Imperial German Government accom- panying its proclamation of February 4, 1915, in regard to sub- marine warfare, that Government declared — * * * the German Navy has received instructions to abstain from all violence against neutral vessels recognizable as such. In the note of the German Government dated February 16, 1915, in reply to the American note of February 10, it was declared that — It is very far indeed from the intention of the German Government * * * ever to destroy neutral lives and neutral property. * * * The commanders of German submarines have been instructed, as was already stated in the note of the 4th instant, to abstain from violence to American merchant ships when they are recognizable as such. Nevertheless the German Government proceeded to carry out its plans of submarine warfare and torpedoed the British passenger steamer Falaba on March 27, 1915, when one American life was lost, attacked the American steamer Cushing April 28 by airship, and made submarine attacks upon the American tank steamer GuljligM May 1 , the British passenger liner Lusitania May 7 when 114 American lives were lost, and the American steamer Nehraskan on May 25, in all of which over 125 citizens of the United States lost their lives, not to mention hundreds of noncombatants who were lost and hun- dreds of Americans and noncombatants whose lives were put in jeopardy. The British mule boat Armenian was torpedoed on June 28, as a result of which 20 Americans are reported missing. On July 8, 1915, in a note to Ambassador Gerard, arguing in defense of its method of warfare and particularly of its submarine commander in the Lusitania case, it is stated: The Imperial Government therefore repeats the assurances that American ships will not be hindered in the prosecution of legitimate shipping and the lives of American citizens on neutral vessels shall not be placed in jeopardy. In order to exclude any unforeseen dangers to American passenger steamers, * * * the German submarines will be instructed to permit the free and safe passage of such passenger steamers when made recognizable by special markings and notified a reason- able time in advance. Subsequently, the following vessels carrying American citizens were attacked by submarines: D» of D. APR t$ 1917 WAR WITH THE GERMAN IMPERIAL GOVERNMENT. 3 S British liner Orduna July 9. Russian steamer Leo July 9. American steamer Leelanaw July 25. British passenger liner Arabic August 19. British mule ship Nicosian August 19. British steamer Hesperian September 4. In these attacks 23 Americans lost their lives, not to mention the large number whose lives were placed in jeopardy. Following these events, conspicuous by their wantonness and violation of every rule of humanity and maritime warfare, the Ger- man ambassador, by instructions from his Government, on September 1 gave the following assurances to the Government of the United States: Liners will not be sunk by our submarines without warning and without safety of the lives of noncombatants, provided that, the liners do not try to escape or offer resistance. On September 9, in a reply as to the submarine attack on the Orduna, the German Government renewed these assurances in the following language: The first attack on the Orduna by a torpedo was not in accordance with the existing instructions, which provide that large passenger steamers are to be torpedoed only after previous warning and after the rescuing of passengers and crew. The failure to observe the instructions was based on an error which is at any rate comprehensible and the repetition of which appears to be out of the question, in view of the more explicit instructions issued in the meantime. Moreover, the commanders of the submarines have been reminded that it is their duty to exercise greater care and to observe carefully the orders issued. The German Government could not more clearly have stated that liners or large passenger steamers would not be torpedoed except upon previous warning, and after the passengers and crew had been put in places of safety. On November 29, the German Government states, in connection with the case of the American vessel William, P. Frye: * * * the German naval forces will sink only such American vessels as are loaded with absolute contraband, when the preconditions provided by the declara- tion of London are present. In this the German Government quite snares the view of the American Government that all possible care must be taken for the security of the crew and passengers of a vessel to be sunk. Consequently the persons found on board of a vessel may not be ordered into her lifeboats except when the general con- ditions — that is to say, the weather, the condition of the sea, and the neighborhood of the coasts — afford absolute certainty that the boats will reach the nearest port. Following this accumulative series of assurances, however, there seems to have been no abatement in the rigor of submarine warfare, for attacks were made in the Mediterranean upon the American steamer Communipaw on December 3, the American steamer Petro- lite December 5, the Japanese liner YasaJca Maru December 21, and the passenger liner Persia December 30. In the sinking of the Persia out of a total of some 500 passengers and crew only 165 were saved. Among those lost was an American consul traveling to. his post. On January 7, eight days after the sinking of the Persia, the Ger- man Government notified the Government of the United States through its ambassador in Washington as follows: 1. German submarines in the Mediterranean had, from the beginning, ordersto conduct cruiser warfare against enemy merchant vessels only in accordance with 4 WAR "WITH THE IMPERIAL GERMAN GOVERNMENT. the general principles of international law, and in particular measures of reprisal, as applied in the war zone around the British Isles, were to be excluded. 2. German submarines are therefore permitted to destroy enemy merchant vessels in the Mediterranean — i. e., passenger as well as freight ships as far as they do not try to escape or offer resistance — only after passengers and crews have been accorded safety. Clearly the assurances of the German Government that neutral and enemy merchant vessels, passenger as well as freight ships, should not be destroyed except upon the passengers and crew being accorded safety stood as the official position of the Imperial German Government. On February 16, 1916, the German ambassador communicated to the Department of State an expression of regret for the loss of Ameri- can lives on the Lusitania, and proposed to pay a suitable indemnity. In the course of this note he said : Germany has * . * * limited her submarine warfare because of her long-standing friendship with the United States and because by the sinking of the Lusitania, which caused the death of citizens of the United States, the German retaliation affected neutrals which was not the intention, as retaliation should be confined to enemy subjects. On March 1, 1916, the unarmed French passenger steamer Patria, carrying a number of American citizens was attacked without warn- ing. On March 9 the Norwegian bark Silius, riding at anchor in Havre Rhodes, was torpedoed by an unseen submarine and one of the seven Americans on board was injured. On March 16 the Dutch passenger steamer Tubantia was sunk in the North Sea by a torpedo. On March 16 the British steamer Berwindale was torpedoed without warning off Bantry Island with four Americans on board. On March 24 the British unarmed steamer Englishman was, after a chase, tor- pedoed and sunk by the submarine U 19, as a result of which one American on board perished. On March 24 the unarmed French cross-channel steamer Sussex was torpedoed without warning, several of the 24 American passengers being injured. On March 27 the unarmed British liner Manchester Engineer was sunk by an explosion without prior warning, with Americans on board, and on March 28 the British steamer Eagle Point, carrying a Hotchkiss gun, which she did not use, was chased, overtaken, and sunk by a torpedo after the persons on board had taken to the boats. The American note of February 10, 1915, stated that should German vessels of war — destroy on the high seas an American vessel or the lives of American citizens it would be difficult for the Government of the United States to view the act in any other light than an indefensible violation of neutral rights which it would be very hard indeed to reconcile with the friendly relations so happily subsisting between the two Govern- ments — and that if such a deplorable situation should arise — the Government of the United States would be constrained to hold the Imperial Government to a strict accountability for such acts of their naval authorities. In the American note of May 13, 1915, the Government stated: The Imperial Government will not expect the Government of the United States to omit any word or act necessary to the performance of its sacred duty of maintaining the rights of the United States and its citizens and in safeguarding their free exercise and enjoyment. WAR WITH THE GERMAN IMPERIAL GOVERNMENT. 5 In the note of July 21, 1915, the United States Government said that — Repetition by the commanders of German naval vessels and acts in contravention ot tnose rights must be regarded by the Government of the United States, when they attect American citizens, as deliberately unfriendly. In a communication of April 18, 1916, the American Government said: If it is still the purpose of the Imperial Government to prosecute relentless and indiscriminate warfare against vessels of commerce by the use of submarines without regard to what the Government of the United States must consider the sacred and indisputable rules of international law and the universally recognized dictates of humanity, the Government of the United States is at last forced to the conclusion that there is but one course it can pursue. Unless the Imperial Government should not immediately declare and effect an abandonment of its present methods of submarine warfare against passenger and freight carrying vessels the Government of the United btates can have no choice but to sever diplomatic relations with the German Empire altogether. ^ The German Government replied to this communication on May 4 1916, givmg definite assurances that new orders had been issued to the German naval forces "in accordance with the general principles of visit and search and the destruction of merchant vessels recog- nized by international law." And this agreement was substantially complied with for many months, but finally, on January 31, 1917 notice was given that after the following day — Germany will meet the illegal measures of her enemies by forcibly preventing in a zone around Great Britain, France, Italy, and in the eastern Mediterranean all navigation that of neutrals included, from and to England and from and to France etc. All ships met within that zone will be sunk. In view of this Government's warning of April 18, 1916, and the Imperial German Government's pledge of May 4 of the same year, the Government of the United States, on February 3, 1917, stated to the Imperial German Government that — In view of this declaration, which withdraws suddenly and without prior intima- tion the solemn assurance given in the Imperial Government's note of May 4 1916 tt **. a Y, ernment has uo alternative consistent with the dignity and honor of the United states but to take the course which it explicitly announced in its note of April 18, 1916 it would take in the event that the Imperial Government did not declare and effect an abandonment of the methods of submarine warfare then em- P ™ e £ -a° whlch the Im Penal Government now purpose again to resort lhe President has therefore, directed me to announce to your excellency that all diplomatic relations between the United States and the German Empire are severed and that the American ambassador at Berlin will be immediately withdrawn and' in accordance with such announcement, to deliver to your excellency your passports'. On February 3 one American ship was sunk, and since that date six American ships flying the American flag have been torpedoed with a loss of about 13 American citizens. In addition, 50 or more foreign vessels of both belligerent and neutral nationality with Ameri- cans on board have been torpedoed, in most cases without warning with a consequent loss of several American citizens. IMPROPER ACTIVITIES OF GERMAN OFFICIALS IN THE UNITED STATES. Since the beginning of the war German officials in the United States have engaged in many improper activities in violation of the laws of the United States and of their obligations as officials in a neutrai country. Count von Bernstorff, the German ambassador 6 WAR WITH THE IMPERIAL GERMAN GOVERNMENT. Capt. von Papen, military attache of the embassy, Capt. Boy-Ed, naval attache, as well as various corsular officers and other officials, were involved in these activities, which were very widespread. The following instances are chosen at random from the cases which have come to the knowledge of the Government. I. By direct instructions received from the foreign office in Berlin the German Embassy in this country furnished funds and issued orders to the Indian independence committee of the Indian Nationalist Party in the United States. These instructions were usually con- veyed to the committee by the military information bureau in New York (Von Igel) or by the German consulates in New York and San Francisco. Dr. Chakrabarty, recently arrested in New York City, received, all in all, according to his own admission, some $60,000 from Von Igel. He claims that the greater portion of this money was used for defray- ing the expenses of the Indian revolutionary propaganda in this country, and, as he says, for educational purposes. While this is in itself true, it is not all that was done by the revolutionists. They have sent representatives to the Far East to stir up trouble in India and they have attempted to ship arms and ammunition to India. These expeditions have failed. The German Embassy also employed Ernest T. Euphrat to carry instructions and information between Berlin and Washington under an American passport. II. Officers of interned German warships have violated their word of honor and escaped. In one instance the German consul at Rich- mond furnished the money to purchase a boat to enable six warrant officers of the steamer Kronprinz Wilhelm to escape after breaking their parole. III. Under the supervision of Capt. von Papen and Wolf von Igel, Hans von Wedell and, subsequently, Carl Ruroede maintained a reg- ular office for the procurement of fraudulent passports for German reservists. These operations were directed and financed in part by Capt. von Papen and Wolf von Igel. Indictments were returned, Carl Ruroede sentenced to the penitentiary,' and a number of German officers fined. Von Wedell escaped and has apparently been drowned at sea. Von Wedell's operations were also known to "high officials in Germany. When Von Wedell became suspicious that forgeries com- mitted by him on a passport application had become known, he con- ferred with Capt. von Papen and obtained money from him wherewith to make his escape. IV. James J. F. Archibald, under cover of an American passport and in the pay of the German Go vera men t through Ambassador Bernstorff, carried dispatches for Ambassador Dumba and otherwise engaged in unneutral activities. V. Albert Sanders, Charles Wunnonberg, and others, German agents in this country, were engaged, among other activities, in sending spies to England equipped with American passports, for the purpose of securing military information. Several such men have been sent. Sanders and Wunnonberg have plead guilty to indict- ments brought against them in New York City as has George Voux Bacon, one of the men sent abroad by them. VI. American passports have been counterfeited and counterfeits found on German agents. Baron von Cupenberg, a German agent, when arrested abroad, bore a counterfeit of an American passport WAE WITH THE GERMAN IMPERIAL GOVERNMENT. 7 issued to Gustav C. Roeder; Irving Guy Rics received an American passport, went to Germany, where the police retained his passports for 24 hours. Later a German spy named Carl Paul Julius Hersel was arrested in London with a counterfeit of the Ries passport in his possession. VII. Prominent officials of the Hamburg-American Line, who under the direction of Capt. Boy-Ed, endeavored to provide German warships at sea with coal and other supplies in violation of the statutes of the United States, have been tried and convicted and sentenced to the pei itertiary. Some 12 or more vessels were involved in this plan . VIII. Under the direction of Capt. Boy-Ed and the German consulate at San Frarcisco, ard in violation of our law, the steam- ships Sacramento and Mazailan carried supplies from San Francisco to German war vessels. The Olsen and Mahoney, which was engaged in a similar enterprise, was detained. The money for these ventures was furnished by Capt. Boy-Ed. Indictments have been returned in connection with these matters against a large number of persons. IX. Werner Horn, a lieutenant in the German Reserve, was fur- nished funds by ('apt. Franz von Papen and sent, with dynamite, under orders to blow up the International Bridge at Vanceboro, Me. He was partially successful. He is now under indictment for the unlawful transportation of dynamite on passenger trains ami is in jail awaiting trial following the dismissal of his appeal by the Suoreme Court. X. Capt. von Papen furnished funds to Albert Kaltsehmidt, of Detroit, who is involved in a plot to blow up a factory at Walker- ville, Canada, and the armory at Windsor, Canada. XI. Robert Fay, Walter Scholtz, and Paul Daeche kave been con- victed and sentenced to the penitentiary and three others are under indictment for conspiracy to prepare bombs and attach them to allied ships leaving New York Harbor. Fay, who was the princi- pal in this scheme, was a German soldier. He testified that, he received finances from a German secret agent in Brussels, and told von Papen of his plans, who advised him that his device was not practicable, but that he should go ahead with it, and if he could make it work he would consider it. XII. Under the direction of ('apt. von Papen and Wolf von Igel, Dr. Walter T. Scheele, Capt. von Kleist, ('apt. Wolpert, of the Atlas Steamship Co., and Capt. Rode, of the Hamburg- American Line, man- ufactured incendiary bombs and placed 'them on board allied vessels. The shells in which the chemicals were placed were made on board the steamship Frederick der Grosse. Scheele was furnished $1,000 by von Igel wherewith to become a fugitive from justice. XIII. Capt. Franz Rintelen, a reserve officer in the German Navy, came to this country secretly for the purpose of preventing the expor- tation of munitions of war to the allies and of getting to Germany needed supplies. He organized and financed Labor's National PeaCe Council in an effort to bring about an embargo on the shipment of munitions of war, tried to bring about strikes, etc. XIV. Consul General Bopp, at San Francisco, Vice Consul General Von Schaick, Baron George Wilhelm von Brincken (an employee of the consulate), Charles C. Crowley, and Mrs. Margaret W. Cornell (secret agents of the German consulate at San Francisco) have been con- 8 WAR WITH THE IMPERIAL GERMAN GOVERNMENT. victed of conspiracy to send agents into Canada to blow up railroad tunnels and bridges, and to wreck vessels sailing from Pacific coast ports with war material for Russia and Japan. XV. Paul Koenig, head of the secret-service work of the Hamburg- American Line, by direction of his superior officers, largely augmented his organization and under the direction of von Papen, Boy-ed, and Albert carried on secret work for the German Government. He secured and sent spies to Canada to gather information concerning the Welland Canal, the movements of Canadian troops to England, bribed an employee of a bank for information concerning shipments to the allies, sent spies to Europe on American passports to secure military information, and was involved with Cant, von Papen in plans to place bombs on ships of the allies leaving New York Harbor, etc. Von Papen, Boy-ed, and Albert had frequent conferences with Koenig in his office, at theirs, and at outside places. Koenig and certain of his associates are under indictment. XVI. Capt. von Papen, Capt. Hans Tauscher, Wolf von Igel, and a number of German reservists organized an expedition to go into Canada, destroy the Welland Canal, and endeavor to terrorize Cana- dians, in order to delay the sending of troops from Canada to Europe. Indictments have been returned against these persons. Wolf von Igel furnished Fritzen, one of the conspirators in this case, money on which to flee from New York City. Fritzen is now in jail in New York City. XVII. With money furnished by official German representatives in this country, a cargo of arms and ammunition was purchased and shipped on board the schooner Annie Larsen. Through the activities of German official representatives in this country and other Germans a number of Indians were procured to form an expedition to go on the steamship Maverick, meet the Annie Larsen, take over her cargo, and endeavor to bring about a revolution in India. #This plan in- volved the sending of a German officer to drill Indian recruits and the entire plan was managed and directed by Capt. von Papen, Capt. Hanz Tauscher, and other official German representatives in this country. XVIII. Gustav Stahl, a German reservist, made an affidavit which he admitted was false, regarding the armament of the Lusitania, which affidavit was forwarded to the State Department by Ambas- sador Bernstorff. He plead guilty to an indictment charging per- jury, and was sentenced to the penitentiary. Koenig, herein men- tioned, was active in securing this affidavit. XIX. The German embassy organized, directed, and financed the Hans Libeau Employment Agency, through which extended efforts were made to induce employees of manufacturers engaged in supply- ing various kinds of material to the allies to give up their positions in an effort to interfere with the output of such manufacturers. Von Papen indorsed this organization as a military measure, and it was hoped through its propaganda to cripple munition factories. XX. The German Government has assisted financially a number of newspapers in this country in return for pro-German propaganda. XXI. Many facts have been secured indicating that Germans have aided and encouraged financially and otherwise the activities of one or the other factions in Mexico, the purpose being to keep the United States occupied along its borders and to prevent the exportation of muni- WAR WITH THE GERMAN IMPERIAL GOVERNMENT. 9 tions of war to the allies; see, in this connection, the activities of Rintelen, Stallforth, Kopf, the German consul at Chihuahua, Krum- Hellen, Felix Somerfeld (Villa's representative at New York), Carl Heynen, Gustav Steinberg, and many others. ATTACKS ON SHIPS OF THE COMMISSION FOR RELIEF IN BELGIUM IN VIOLATION OF GERMAN UNDERTAKINGS. When the Commission for Relief in Belgium began its work in October, 1914, it received from the German authorities, through the various Governments concerned, definite written assurances that ships engaged in carrying cargoes for the relief of the civil population of Belgium and northern France should be immune from attack. In order that there may be no room for attacks upon these ships through misunderstanding, each ship is given a safe-conduct by the German diplomatic representative in the country from which it sails, and, in addition, bears conspicuously upon its sides markings which have been agreed upon with the German authorities; furthermore, similar markings are painted upon the decks of the ships in order that they may be readily recognizable by aeroplanes. Upon the rupture of relations with Germany the commission was definitely assured by the German Government that its ships would be immune from attack by following certain prescribed courses and conforming to the arrangements previously made. Despite these solemn assurances there have been several unwar- ranted attacks upon ships under charter to the commission. On March 7 or 8 the Norwegian ship Storstad, carrying 10,000 tons of corn from Buenos Aires to Rotterdam for the commission was sunk in broad daylight by a German submarine despite the con- spicuous markings of the commission which the submarine could not help observing. The Storstad was repeatedly shelled without warn- ing and finally torpedoed. On March 19 the steamships Tunisie and Haelen, under charter to the commission proceeded to the United States under safe con- ducts and guaranties from the German minister at The Hague and bearing conspicuous markings of the commission, were attacked without warning by a German submarine outside the danger zone (56° 15' north, 5° 32' east). The ships were not sunk, but on the Haelen seven men were killed, including the first and third officers; a port boat was sunk; a hole was made in the port bunker above the water line; and the ships sustained sundry damages to decks and engines. INDIGNITIES TO AMERICAN OFFICIALS. Various consular officers have suffered indignities and humiliation at the hands of German frontier authorities. The following are illustrations : Mr. Pike, consul at St. Gaul, Switzerland, on proceeding to his post with a passport duly indorsed by German officials in New York and Copenhagen, was on November 26, 1916, subjected to great indignities at Warnemunde on the German frontier. Mr. Pike refused to submit to search of his person, the removal of his clothing, or the seizure of his official reports and papers of a private and con- fidential nature. He was therefore obliged to return to Copenhagen. 10 WAR WITH THE IMPERIAL GERMAN GOVERNMENT. Mr. Murphy, the consul general at Sofia, and his wife, provided with passports from the German legations at The Hague and Copen- hagen, were on two occasions stripped and searched and subjected to great humiliation at the same frontier station. No consideration was given them because of their official position. Such has been the behavior on the part of German officials not- withstanding that consular officials hold positions of dignity and responsibility under their Government and that during the present war Germany has been placed under deep ooligation to American consular officers by their efforts in the protection of German interests. INHUMAN TREATMENT ACCORDED YARROWDALE PRISONERS BY GER- MAN AUTHORITIES. On January 19 Mr. Gerard telegraphed that the evening papers contained a report that the English steamer )'