Chargé Grew to the Secretary of State.

[Telegram-Paraphrase.]

AMERICAN EMBASSY,

Berlin, December 11, 1916.

Mr. Grew states that he has received from the Secretary of State for Foreign Affairs the German Government's reply to the formal representations of the United States Government concerning the deportation of Belgians, the translation of which reply is as follows:

The Government of the United States has protested against the deportation of Belgian laborers to Germany and against their being compelled to work, proceeding from the view that these measures are incompatible with the principles of humanity and international usage as to the treatment of the population of occupied territory.

The German Government believes that the Government of the United States of America is not correctly informed as to the reason for these measures, the manner in which they are carried out, and therefore considers it appropriate first of all to explain the true state of affairs.

In Belgium unemployment has been spreading for some time among the industrial laborers in an alarming manner. This great increase in the unemployed is attributable to the blockade policy which has cut off the importation of raw materials for the Belgian industries and the exportation of their manufactures and thus caused the greatest part of the plants to shut down. As a result nearly half of the Belgian factory laborers, whose total number is about one million two hundred thousand, were completely deprived of occupations and a great many more than half a million Belgians who formerly earned their living by work in industries made dependent on public relief; this number is nearly triple when the families are added, making approximately one and one-half million people. Such a state of affairs made a radical remedy most urgently necessary, whether from the point of view of Belgian political economy, for which the unemployed form an insupportable burden, or from the point of view of public order and morals, which are gravely imperiled by the general lack of employment and its attendant features. This necessity has long been recognized and emphasized by discerning Belgians also.

In view of this situation the governor general at Brussels issued an ordinance on May 15, 1916, whereby persons enjoying public relief who decline, without sufficient reason to take up or continue work corresponding to their capacity are threatened with imprisonment or compulsory labor. In consequence of the prostration of the Belgian

industries it was not possible to furnish all the unemployed with an opportunity to work or at least some suitable occupation in Belgium itself. There was no choice but to assign them work in Germany, where a large number of Belgian laborers are voluntarily employed already and feel themselves quite well (...), the wages being high and personal liberty very extended. Compulsory labor is enforced against those unemployed who do not follow their example.

This measure is completely in accordance with international law. For, pursuant to Article 43 of The Hague Land War Ordinance, the occupying power shall take steps to insure public order and safety in the occupied territory and to this end intervene with supplementary ordinances wherever the laws in force in the country do not suffice. It undoubtedly comes under the head of the maintenance of public order to have those capable to work made to work if possible and not permitted to become a burden on public charity and form a national pest on account of their idleness.

In carrying out the measure hardships have been avoided and all possible consideration shown. If isolated mistakes have been made in selecting the persons taken to Germany, and, in particular, people may have been included to whom the conditions of the ordinance of May 15, 1916, do not apply, this is to be connected to the fact that the Belgian authorities frequently refused their aid in drawing up the lists of the unemployed or made false statements. Care has been taken that such mistakes shall be remedied as soon as possible. For the principle that only such persons shall be deported to Germany as receive public relief, find no work in Belgium, and refuse the work assigned to them in Germany is adhered to with all possible firmness.

The unemployed deported to Germany are taken from the concentration points established at Altengrabow, Guben, Kassel, Meschede, Muenster, Soltan, and Wittenberg to the places of labor where they are employed in agricultural and industrial plants. As a matter of course, work which a hostile population can not by international law be compelled to perform is excluded. If the American Government attaches importance thereto permission will gladly be granted to a representative of the Embassy here to inform himself by a personal visit as to the condition in which the people are living.

The German Government regrets the fact that the circumstances set forth above have plainly been completely misrepresented in the United States of America through the mendacious press agitation of Germany's enemies. It would greatly deplore it, not the least so in the interest of the Belgian population, if the beneficent work of the relief commission should be impaired in any way as a result of these misrepresentations.

In conclusion, and the German Government can not refrain from pointing out the fact that the removal of the German population from

the parts of Germany and its colonies occupied by enemy troops, especially the dragging of women, children, and old men from East Prussia to Siberia, did not, so far as is known here, afford the neutral countries any occasion to take steps with the Governments concerned similar to those that they have now taken toward Germany. And yet it is susceptible of no doubt that these latter measures constitute a gross violation of the laws of humanity and the rules of international law, whereas the German measures are quite in accordance with these principles according to what has been set forth above.

Chargé Grew to the Secretary of State.

[Telegram.]

No. 4756.]

AMERICAN EMBASSY, Berlin, December 20, 1916.

Following note received from Foreign Office, dated December 18th:

The Foreign Office has the honor to inform the Embassy of the United States of America with reference to the memorandum regarding the deportation of Belgian workmen to Germany, that owing to a number of complaints which have been raised by Belgian workmen on account of their transportation to Germany, three hundred and twenty-six of such workmen have up to the present been sent back to Belgium as not coming under the rules of the order of the Governor General in Belgium, dated May 15, 1916. The remainder of the complaints shall be investigated with all possible expedition.

GREW.

No. 4913.]

Chargé Grew to the Secretary of State.

AMERICAN EMBASSY,

Berlin, December 21, 1916.

SIR: With reference to my telegram No. 4756 of December 20, 1916, 3 p. m., regarding the return to Belgium of a number of Belgian workmen on the ground that they had been transported to Germany contrary to the provisions of the order of the Governor General of Belgium dated May 15, 1916, I have the honor to transmit herewith, for the Department's information, a copy and translation of the order referred to.

I have, etc.,

J. C. GREW.

[Inclosure-Translation.]

REGULATIONS GOVERNING IDLENESS.

Canceling the regulation, under the same heading, dated August 13, 1915 (Gesetz- und Verordnungsblatt No. 108, Page 889), I ordain as follows:

ARTICLE 1.

Persons, intentionally or carelessly making false statements regarding their personal circumstances when enquiries are being made with the object of ascertaining the necessity of relief for them, shall be punished with imprisonment up to six weeks, in case a more severe punishment is not incurred in accordance with the existing laws; aside from that a fine up to Marks 1,000 can be imposed.

ARTICLE 2.

Persons declining the acceptance or continuation of work offered them and which stands in accordance with their ability without sufficient reason, although relief is granted them from public or private funds or they become in need of relief owing to such refusal, shall be punished with imprisonment of from fourteen days to a year.

Principally every reason justified by international law shall be considered sufficient.

Instead of prosecuting, the compulsory deportation to the place of work can be ordered by the Governors and Commanders, enjoying equal rights, as well as the County Chiefs.

ARTICLE 3.

Persons intentionally assisting the refusal of work, punishable according to Article 2, by granting relief or in some other manner, shall be fined up to Marks 10,000, besides which imprisonment up to two years can be imposed.

ARTICLE 4.

In case communities, associations, or other organizations assist the refusal of work according to Article 3, the punishment will be imposed upon the leading persons.

ARTICLE 5.

Amounts proven to be intended for the support of the persons mentioned in Article 2 shall be confiscated for the benefit of the Belgian Red Cross.

ARTICLE 6.

The Military Courts and Military Commanders have jurisdiction for trespasses against the Articles 2 to 4 of the regulations and for

such trespasses against Article 1 which have been committed against German Authorities and Troops and against Authorities and Organizations instituted by me.

The criminal courts of the Belgian Courts of First Instance shall have jurisdiction for such trespasses against Article 1 of the regulation, which, according to the above, do not come under the jurisdiction of the Military Courts and Military Commanders.

BRUSSELS, May 15, 1916.

The Governor General in Belgium.

FREIHERR VON BISSING,

Generaloberst.

Ambassador W. H. Page to the Secretary of State.

[Telegram.]

Hoover submits following statement:

AMERICAN EMBASSY, London, January 2, 1917.

There has been no apparent change in German policy since the President's protest. Deportation continuing on a large scale, now apparently three to five thousand per week. Despite assertions made to the President no distinction is made as to whether deportees are unemployed or not, and in fact there seems a definite policy to secure all members of certain trades and the desire to secure these and other skilled labor leads press gangs to delegate choice of those in actual employment. Moreover, they have taken altogether up to December fifteenth over seven hundred persons employed by the commission despite the exhibit of credentials and their specific agreement with us to the contrary and against our protest. Furthermore, our American members have witnessed the taking of several thousands, particularly from Flanders, to northern France, and together with local French people are now being forced to work for the German army in the preparation of timber and fascines for the trenches. Refusal to perform such labor has here been met with refusal of food and other brutal acts. It is also reported to us from what we believe to be reliable sources that Belgian and French civilians have been deported to work on trench construction in northern France, and certain deportees have been recently returned wounded by shell fire. Of the deportees to Germany some three hundred have been returned to Hainaut Province, of whom a part were apparently returned because physically unable to work, but the remainder maintain that they were returned because of their steadfast passive resistance to pressure; although they were entirely refused food over a con