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ARMED MERCHANT SHIPS
SPEECH
OF

HON. ROBERT L. OWEN
OF O K LA H O M A

IN THE

SENATE OF THE UNITED STATES

M A R C H 4 (legislative day of
M A R C H 2), 1917

WASHINGTON
GOVER NM ENT PR INTING O FFICE

87001— 17147




1917

H O N . R O B E R T L. O W E N .
The Senate had under consideration the bill (H . R. 21052) authoriz­
ing the President of the United States to supply merchant ships, the
property of citizens of the United States and bearing American registry,
with defensive arms, and for other purposes.

Mr. OWEN. Mr. President, it is my purpose to support the
request of the President of the United States. I do so in the be­
lief that the great body of the people of the magnificent State of
Oklahoma who sent me here desire that I should do so. I do
so because I believe a public exigency of the highest importance
requires it. I do so trusting in the representation made by the
President of the United States in his message to Congress a few
days ago. I place the utmost reliance on the words of the Pres­
ident in asking for the means with which to protect our mer­
chant ships. He sa id :
It is devoutly to be Imped that it will not be necessary to put armed
force anywhere into action. The American people do not desire it, and
our desire is not different from theirs.
I am sure that they will un­
derstand the spirit in which I am now acting, the purpose I hold near­
est my heart and would wish to exhibit in everything I do,
I am
anxious that the people of the nations at war also should understand
and not mistrust us. I hope—

Says the President—
that I need give no further proofs and"assurances than I have already
given throughout nearly three years of anxious patience that I am the
friend of peace and mean to preserve it for America so long as I am
able. I am not now proposing or contemplating war or any steps that
need lead to it. I merely request that you will accord me by your own
vote and definite bestowal the means and the authority to safeguard
in practice the right of a great people who are at peace and who are
desirous of exercisi ig none but the rights of peace to follow the pur­
suits of peace in quietness and good w ill— rights recognized time out
of mind by all the civilized nations of the world.
No course of my
choosing or of theirs will lead to war. W ar can come only by the w ill­
ful acts and aggressions of others.

Mr. President, before this unhappy war arose it was the
international law—and I think that neutrals are still compelled
under the rules of that international law to regard it now as the
international law— that merchant vessels, with or without con­
traband, had and now have a free right to pass without being
subject to destruction without notice through the high seas;
that even those ships which carried contraband had and now
have a right before being summarily sunk to be visited, to be
examined, and an opportunity afforded to the crew of such
vessels for safe conduct to port before being sunk.
I am not unaware of the exigencies with which the Imperial
German Government is faced. The Imperial German Govern­
ment can not command the high seas because of an ineffective
naval force. The Imperial German Government, feeling keenly
the blockade established by the superior naval force of the
British Empire, has declared it a necessity of war to disregard
the established international code and to carry on a submarine
warfare that shall be ruthless, and to sink ships without notice




0

87001— 17147

3
in a certain zone, armed or unarmed, contraband or not contra­
band, with or without cargo.
THE

INTERNATIO NAL. LAW

OF

NEUTRALS.

It was hoped a year ago that the United States had arrived
at an adjustment with the Imperial German Government. In
my own judgment the reservation of the Imperial German Gov­
ernment that it reserved the right to carry on the submarine
warfare without notice to ships, to sink them without notice,
was a reservation that was not permissible or recognizable by
our Government under the international law governing neutrals
as it has been recognized prior to the breaking out of this great
controversy in August, 1914. We can not change this law with­
out violating our obligations as neutrals to other belligerents
and setting a precedent which may fatally affect our own future.
The President of the United States, in charge of the conduct of
the foreign affairs of the United States, found himself compelled
to deal with the Imperial German Government in numerous
cases in which American vessels were sunk in which American
citizens lost their lives, and lie was compelled, as the Chief
Executive of a great neutral power, to declare the duty of the
United States and tire rights of the United States under inter­
national law as it existed. He solemnly declared this law and
is compelled by the laws of neutrality to maintain it. The
President of the United States was not responsible for the ships
owned by individual Americans going from one port to another
upon business voyages, which they in the course of commerce
had the right under international law to make. It was not
contrary to but in accordance with international law that ships
should carry munitions no matter if distasteful to any nation
affected by it. The unfortunate thing for the German Empire
was that because she could not command the seas this law gave
an advantage to Great Britain and her allies because they
could in greater degree command the seas.
The President was therefore compelled to take his course to
defend the rights of the Government of the United States
and of her citizens under international law. Having taken
this step in pursuance of international law, the quesjo n vutli which he is confronted, as our representative, is,
Snal 1^ lie withdraw from the assertion of the rights of
le United States as a great neutral or shall he stand
" I - ! th°se rights, not changing them in the midst of
lliis gigantic conflict, but observe them as he is obliged to
ou /n eu trn btv'lv-ci^n ^ .V Bd.st0 chause
he would violate
‘ }
hh Great Britain and her allies and give them
serious grievance under international law against us. The
?aw whether u J T
18 in thi* 1X,^tion under international
Pe01,'C W1U “ 0,<l
“ IS h” ndS
In my judgment it would be a great national calamity if the
people of the United States and if the C o n f e s s o f the United
States should refuse to hold up the h ands^f The Chiel L S
live of this Nation under these painful circumstances. The
Imperial German Government has notified the world that all
neutral ships of commerce, even if unarmed, free from contra>and, loaded \\ith passengers on lawful voyages, innocent of
wrongful intent to anyone, will be sunk on the high seas with­
out notice, v itliout a chance for their passengers to escaoe




87001— 17147




4
with their lives. That Government seems determined to force
ns to acknowledge her right in the midst of this conflict t<>
change the law of nations and bring us in conflict with her an­
tagonists. In that exigency the President of the United States
calls upion Congress and says:
I ask a sufficient credit to enable me to provide adequate means of
protection where they are lacking, including adequate insurance »
the present war risks.

Thp miestinn for Congress is. Shall that reasonable request
he granted or shall it not?
,
Mr. President, if prayers or sacrifice could adjust this gi­
gantic conflict in Europe we would all be glad, I think, to make
our just contribution to secure peace on that torn and unhappy
continent; but this conflict will only terminate by the triumph
of the strongest arms. It is a conflict unrelenting, ruthless,
carrying on means of destroying human life, gigantic, novel,
and of extraordinary efficiency in the engines of destruction.
W E M U ST CO NSID ER T H E FUTURE.

It is well for us, in considering the eventualities that will
flow in the immediate future from the triumph of one or the
other of these titanic forces to consider what these great powers
in conflict stand for in relation to the United States if one or
the other be victorious. On the one side I believe are lunged,
in many forms, great democracies— Great Britain with her
colonies and dependencies, France and Italy and Belgium and
their colonies, Itussia and her democratic people. On the otliei
side are ranged many military autocracies, those of Germany,
o f Austria, of Bulgaria, of Turkey, ruling by so-called “ divine
right ” and by organized military power and not “ by the consent of the governed,” except by the involuntary consent \\hieh
dare not oppose superior, force. On the one side are the ideals i
of democracy, of the right of the people to rule themselves
justly and with liberty under the principle declared by Abra­
ham Lincoln as expressed in his message to Congress, in which
he said. “ Let us have faith to believe that ‘ right makes
might.’ ”
,
t,
And on the other side is the military ideal that
m ig h t
M A K E S R IG H T .”
T H E DOCTRIN E

“ M IG H T

M AKES

R IG H T ” ?

Mr President, the doctrine that lies at the base of military
autocracy is a fixed ideal of power alone, a permanent ambition
to rule by force of the cannon’s mouth and machine gun, an
ambition long maintained and without the shadow of a doubt
as to its significance. I call your attention to the bronze
cannon on the north entrance of our War Department Building,
a great cannon whose name is “ Le Marechal le Due d Humieres,
cast by the Bourbons nearly two centuries ago, and on its face
in three different mottoes is this false doctrine that
uiignt
makes right.”
„
.
„T
At the mouth of the cannon you will find these w ords: la1
passe par tous
the passway through everything ’’—the can­
non’s mouth the passway, it may be, through justice and mercy
and innocence and righteousness and industry and honor
“ Might makes right.”
t
, „ VT
On the base of that cannon you will find the words, Aec
pluribus impar ”— “ not unequal to many.” The cannon com­
mands the people, and is “ not unequal to many.” It can slay
87001— 1 114 »

5
and dominate and tax millions without the consent of the gov­
erned. On the body of that Bourbon cannon you will find the
phrase, “ Ultima ratio regum ”— “ the final argument of kings.”
When the people argue that right is right, they hear the final
argument of kings— the cannon’s roar— and learn that m i g h t
MAKES BIGHT.

Do you think that this is merely a romatic suggestion cast
in bronze in honor of le Due d’Humieres? Not at all. The
doctrine of armed power over the people with or without thenconsent is at the base of the German Empire to-day.
This was the doctrine of Frederick the Great and of his
father, the Great Elector, and this is the doctrine of William,
the present Emperor.
I.OCAI. DEMOCRACY RULED BY AUTOCRACY.

It is true that after the Fra neo-Prussian War Bismarck made
many concessions to the democratic sentiment of the German
people in the management of their local affairs and developed
si very high degree of democratic efficiency through various
forms of municipal ownership, so that in a city like Munich
the people not only controlled, through their own municipal
powers, such as city water works, city gas works, electric light,
heat, and power plants, city hospitals, city schools, city tram­
ways, but city bakeries, city packing houses, and city breweries.
The industrial conditions of Germany have been wonderfully
stimulated by democratic cooperation among the people, stimu­
lated by the Imperial Government, and the Imperial Govern­
ment; has provided many forms of democratic cooperation, such
as State insurance against old age, industrial accidents, and
diseases, vocational education, rural-credits associations, co­
operative marketing and buying, the cartel system. State-owned
railroads, telegraphs, telephones, and parcel post. etc.
The Imperial Government has thus greatly benefited the de­
velopment ol the German people and is entitled justly to very
gieat credit for this service rendered to the people by using the
powers of the people in the interest of the people
This has led to a warm attachment of the people to their
uivoi1'', G? ' ei: n’ " en!; und j ustl.v
it has led to a magnificent
V°.f the germ an people which is the admiration of
«ui or the lovers of men, but, nevertheless alon(r with thi^
theeidomiimmeal / ,e" loc'™tic‘ organization there has remained
the dominance ot the German Empire bv Prussia and the
d/rm'USShl, ! , y /,lle Hm,se
Hohenzollern, dainfing
ink b,\ (hunt tight—the right to rule the neonle with or
navy° and Die F m n lr o V ^ hght t0 cominand the army and the
highly* or°--miyp<l miilt UlS )ecome surrounded by a tremendous
1orgamzed nulltary power of which he is made either
willingly or unwillingly, the spokesman
’
t
It was this group, I believe, who forced the sword into w n

Jr SJ*
THE

SECRET

* ° siEU *■*
T REATY OF

VERONA— W O RL D -W ID E

DEMOCRACY

—
T H REA TE N ED

\ call your attention again to the secret treatv of Yerom
which 1 I,ml printed h, the
I S
on April ^
1916 for the purpose of attracting the attention of this country
to the policy which lies at the basis of these great contending
powers
Urn treaty, the secret treaty of Verona, was framed
by Metternich, ot Austria, m 1822, after Napoleon had seized
87001— 17147







6
the organized powers of democracy and turned them into an
engine of monarchy which out-Heroded Herod and was over­
thrown.
Listen to the philosophy and historical admonition of the
secret treaty of Verona:
The undersigned, specially authorized to make some additions to the
treaty of the Holy Alliance, after having exchanged their respective
credentials, have agreed as follows :
A rticle 1. The high contracting powers being convinced that the sys­
tem of representative government is equally as incompatible with the
monarchial principles as the maxim of the sovereignty of the people
with the divine riaht, engage mutually, in the most solemn manner, tp
use all their efforts to put an end to the system of representative gov­
ernments, in whatever country it may exist in Europe, and to prevent its
being introduced in those countries where it is not yet known.
A rt. 2. As it can not be doubted that the liberty of the press is the
most powerful means used by the pretended supporters of the rights of
nations to the detriment of those of princes, the high contracting parties
promise reciprocally to adopt all proper measures to suppress it, not
only in their own States but also in the rest of Europe.

The King of Prussia and the Emperor of Austria were the
real autocratic monarchs behind this deadly compact to destroy
the democracies of the world and establish “ world power ” for
themselves and their allies as the military autocrats of mankind.
Mr. LEWIS. Mr. President, will the Senator permit me to
ask him a question?
The PRESIDING OFFICER. Does the Senator from Okla­
homa yield to the Senator from Illinois?
Mr. OWEN. I yield to the Senator.
Mr. LEWIS. Would the Senator forgive me for merely call­
ing his attention, in support of his very classic and historic
address, to the fact that the very treaty to which he alludes
had for its purpose the preventing of Spain and Portugal, which
had broken out then into the form of a republic, from emulating
the form of this, the United States of America, in both its
democracy and republicanism of form, to prevent the spreading
of our doctrines to Europe?
Mr. OWEN. Mr. President, this treaty continues, in the
fourth article, as follows:
A rt. 4. The situation of Spain and Portugal unite unhappily all the
circumstances to which this treaty has particular reference. The high
contracting parties, in confiding to France the care of putting an end
to them, engage to assist her in the manner which may the least compromit them with t-heir own people and the people of France by means
of a subsidy on the rart of the tw?o empires of 20,000,000 of francs every
year from the date of the signature of this treaty to the end of the war.

Spain had established a limited monarchy based on recogni­
tion to some degree of the rights of the people. These nations
sent armies, under Louis X VIII, into Spain for the purpose of
reducing this limited monarchy to an absolute monarchy, icith
the same prince on the'' throne. The contest was absolute
military autocracy against any form of democracy. They sent
an army into Italy also— an Austrian army—to reduce a like
limited monarchy to an absolute monarchy, the same issue of
absolute military autocracy against the principle of democracy,
and then they proposed after succeeding in Spain and Italy to
send their armies to the Western Hemisphere for the purpose of
reducing all revolting colonies of Spain and Portugal, overthrow­
ing western democracy and establishing absolute military autoc­
racy and then it was that Great Britain, the greatest of all
democracies, through Canning, the prime minister, notified the
Government of the United States of this dangerous purpose, and
87001— 17147

notified the Holy Alliance, so-called, that Great Britain would
regard with disfavor any attempt by the Holy Alliance to reduce
the revolting colonies of Spain and Portugal in the Western
Hemisphere. The matter was considered by Thomas Jefferson,
and he regarded it as the most important occurrence that had
transpired since the establishment of the United States of
America. It led to the doctrine, the so-called Monroe doctrine,
in which President Monroe sent a message to Congress in which
it was stated that the United States would regard it as an un­
friendly act for any European power to attempt to establish its
system of government on the Western Hemisphere, and that
prevented the Holy Alliance from subjecting the Western Hemi­
sphere to the powers of absolute monarchy which would have
destroyed the democracies of the Western Hemisphere at their
birth.
VOX B ER N H A RD I.

Mr.-President, in October, 1911, there was published a work
of profound significance by Gen. Friederich von Bernhardi. trans­
lated by Allan H. Powles, entitled “ Germany and the next war.”
I think it is generally understood and conceded that Gen. von
Bernhardi represents the view of the military powers of Ger­
many, that he may be fairly called a spokesman for that group,
and for that philosophy, if we may call it philosophy. Let me
read just a few words from Gen. von Bernhardi. He said that
“A rude shock was needed to awaken the German people.” to
awaken the warlike instincts of the German people, and compel
them to show their military strength. He speaks of them as
“ a peace-loving, almost too peace-loving, nation.” He speaks of
the good-natured character of the German people, and with that
I agree, but he says that it is necessary to move them to war.
He says:
I must try to prove that war is not merelv a necessary element in
the life of nations but an indispensable factor of culture in which a
true civilized nation finds the highest expression of strength and
vitality. •

He says further:
Our people must learn to see that the maintenance of peace never
can or may be the goal of a policy. The policy of a great State has
positive aims.
It will endeavor to attain this by pacific measures
so l o n g as that is possible and profitable.

He says further:
The inevitableness, the idealism, and the blessing of war as ah
indispensable and stimulating law of development must be repeatedly
emphasized. The apostles of the peace idea must be confronted with
Goethe s manly words :
Dreams of a peaceful day?
Let him dream who may !
' W ar ’ is our "allying cry,
Onward to victory ! ”

Mr. President, lie says:
The Great Elector laid the foundations of Prussia's power by suc­
cessful and deliberately incurred wars. Frederick the Great followed
the e x a m p l e of his glorious ancestors. He noticed how his State occu­
pied an untenable middle position between the petty States and the
great powers, and showed his determination to give a definite char­
acter (.decider cet Ptre) to his anomalous existence: it had become
essential to enlarge the territory of the State and carnger la figure de
la Prusse, if Prussia wished to be independent and to bear with
honor the great name o f k i n g d o m .
The King made allowance
for this political necessity and took the bold determination of chal­
lenging Austria to fight. None of the wars which he fought had been

87001— 17147




8
forced upon h im ; none of them rlul h° postpone as long as possible.
H e had always determined to be the aygressor—

Frederick the Great had always determined to be the aggres­
sor, and he still is the idealized leader of the military group
that now controls the German and the Austrian Empires, and we
were given a testimonial of this idealism by the United States
being presented by Wilhelm recently with a figure of Frederick
the Great, which stands in front of our War College.
H e had always determined to he the ay pressor, to anticipate bis
opponents, and to secure for himself favorable prospects of success.

Mr. President, this book glorifies war. It lips a chapter en­
titled “ World power or downfall,” and the outline of the next
war is indicated, the forces that will take part in it, the part
that must be played by the German Empire.
There is a wide distinction between the German people and
their autocratic leadership that has led them to ruinous war.
Mr. President, I can hardly say whether I feel a keener sym­
pathy for the unhappy people of Germany or the distressed
people of France and Great Britain. The German people are by
nature, outside the military autocrats, peace loving, good natured, lovable—the people of France and of Great Britain are by
nature even more peace loving and lovable and are moved by a
magnificent patriotism and spirit of joyful self-sacrifice and
enthusiasm—but when Wilhelm gives the order for mobilization
and for war the people of both countries are thrown into a
frenzy of war, and the insane passion of war finds expression
in unnumbered excesses and violence beyond all belief. When
the order of mobilization was given by the Emperor of Germany
it mattered not how peace loving or good natured or lovable the
people w ere; they had no choice whatever but to respond to the
battle cry. The German citizen had no choice but death except
to march to the trenches under the command of this military
autocracy, and, Mr. President, if this military autocracy wins
in this war, if this military autocracy by virtue of this war can
dominate the democracies of France and Italy and Great Brit­
ain and Europe, it will become, indeed, the “ world power,”
idealized and prayed for by the military autocracy, and our
country, from a peaceful, industrial, happy democracy, where
liberty is idealized, may by military force be driven to become a
part of a great military machine, controlled by the same forces
which are in control now of the central Empires. Mr. Presi­
dent, if war does come by virtue of our sustaining our neutral
rights, I shall be reconciled in the belief that at least the United
States has at last thrown her great powers on the side of de­
mocracy. on the side of liberty and justice and mercy and
humanity, on the side of the doctrine that “ right makes
might ” and against the infinitely pernicious doctrine that
“ might makes right.”
87001— 17147

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