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 pensation for the sacrifices we shall freely make. We are but one of the champions of the rights of mankind. The following Joint Resolution was immediately introduced and referred to the Foreign Relations and Foreign Affairs Committees which meet to-morrow morning for its consideration: Joint Resolution 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. Whereas, the recent acts of the Imperial Government are acts of war against the Government and people of the United States; 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 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 directed to take immediate steps not only to put the country in a thorough state of defense but also to exert all of its power and employ all of its resources to carry on war against the Imperial German Government and to bring the conflict to a successful termination. LANSING. ADDRESS OF THE PRESIDENT OF THE UNITED STATES DELIVERED AT A JOINT SESSION OF THE TWO HOUSES OF CONGRESS, APRIL 2, 1917. GENTLEMEN OF THE CONGRESS: I have called the Congress into extraordinary session because there are serious, very serious, choices of policy to be made, and made immediately, which it was neither right nor constitutionally permissible that I should assume the responsibility of making. On the third of February last I officially laid before you the extraordinary announcement of the Imperial German Government that on and after the first day of February it was its purpose to put aside all restraints of law or of humanity and use its submarines to sink every vessel that sought to approach either the ports of Great Britain and Ireland or the western coasts of Europe or any of the ports controlled by the enemies of Germany within the Mediterranean. That had seemed to be the object of the German submarine warfare earlier in the war, but since April of last year the Imperial Government had somewhat restrained the commanders of its undersea craft in conformity with its promise then given to us that passenger boats should not be sunk and that due warning would be given to all other vessels which its submarines might seek to destroy, when no resistance was offered or escape attempted, and care taken that their crews were given at least a fair chance to save their lives in their open boats. The precautions taken were meagre and haphazard enough, as was proved in distressing instance after instance in the progress of the cruel and unmanly business, but a certain degree of restraint was observed. The new policy has swept every restriction aside. Vessels of every kind, whatever their flag, their character, their cargo, their destination, their errand, have been ruthlessly sent to the bottom without warning and without thought of help or mercy for those on board, the vessels of friendly neutrals along with those of belligerents. Even hospital ships and ships carrying relief to the sorely bereaved and stricken people of Belgium, though the latter were provided with safe conduct through the proscribed areas by the German Government itself and were distinguished by unmistakable marks of indentity, have been sunk with the same reckless lack of compassion or of principle. I was for a little while unable to believe that such things would in fact be done by any government that had hitherto subscribed to the humane practices of civilized nations. International law had its origin in the attempt to set up some law which would be respected and observed upon the seas, where no nation had right of dominion and where lay the free highways of the world. By painful stage after stage has that law been built up, with meagre enough results, indeed, after all was accomplished that could be accomplished, but always with a clear view, at least, of what the heart and conscience of mankind demanded. This minimum of right the German Government has swept aside under the plea of retaliation and necessity and because it had no weapons which it could use at sea except these which it is impossible to employ as it is employing them without throwing to the winds all scruples of humanity or of respect for the understandings that were supposed to underlie the intercourse of the world. I am not now thinking of the loss of property involved, immense and serious as that is, but only of the wanton and wholesale destruction of the lives of non-combatants, men, women, and children, engaged in pursuits which have always, even in the darkest periods of modern history, been deemed innocent and legitimate. Property can be paid for; the lives of peaceful and innocent people cannot be. The present German submarine warfare against commerce is a warfare against mankind. It is a war against all nations. American ships have been sunk, American lives taken, in ways which it has stirred us very deeply to learn of, but the ships and people of other neutral and friendly nations have been sunk and overwhelmed in the waters in the same way. There has been no discrimination. The challenge is to all mankind. Each nation must decide for itself how it will meet it. The choice we make for ourselves must be made with a moderation of counsel and a temperateness of judgment befitting our character and |