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putes which might arise with regard to such contracts, American nationals should not be obliged to resort solely to German courts. They were, therefore, given the right of access to a new tribunal with a neutral president.
Important provisions of the treaty are those which release the United States Government and its agents from claims on account of war acts. This is a very extensive subject, and covers especially two important classes. The first class includes the use of German patents and inventions, which the United States Government found it necessary to disregard in preparing for and carrying on the war, especially in the manufacture of ordnance and wireless apparatus, which was installed upon its vessels as a protection against the submarine. The second class includes claims for damages which might arise from the prohibitions of the War Trade Board. Dealings with certain persons were prescribed by the so-called "black list," and this entailed a disregard of contractual obligations in various ways. Claims on account of these prescriptions will undoubtedly be made against the United States and its citizens, but the treaty goes as far as possible in requiring Germany, for itself and for account of all its nationals, to waive all such claims. The treaty also contains provisions releasing the Government and its agents from all acts in seizing or dealing with enemy property. It is not thought that these provisions are particularly important for the United States, since the Trading-with-the-Enemy Act fully covers the subject. It will, perhaps, save some litigation and possibly diplomatic representations, however, to have the same subject covered by the clauses of the treaty.
To summarize, a brief statement of the effect of the treaty on private interests is as follows:
The interests of American citizens are left unaffected by the treaty, but, in addition, every kind of protection that could be provided has been given to such interests. Furthermore, the United States Government has the power in its discretion to go still further and to pay various American claims out of the enemy property in its hands.
As to the enemy property taken over by the United States, entire disposition is left absolutely to the Congress. In this respect, the treaty does not alter the Trading-with-the-Enemy Act, but, on the other hand, constitutes the express acquiescence on the part of Ger
many in any such action that the Congress may decide to take.
Perhaps I should qualify this general statement a little, because one thing is clear, and that is that the United States cannot confiscate the property. It has the right, in its discretion, according to laws which it may pass, to use such property to pay the claims of Americans, on account of any of their property in Germany that may not be returned to their ownership, or on account of claims for damages to their property there, or in payment of debts which American citizens may have against German subjects. The United States may also, in its discretion, use the funds in payment of losses incurred on account of the illegal acts of Germany during the world. war, but before the United States entered the war. These claims arise principally out of loss of life and property, due to submarine attacks, such as those arising from the sinking of the "Lusitania." Finally, the United States may, if it chooses, turn over all or any portion of the fund to the Reparation Commission, thus making up a portion of the obligations which Germany must pay under the treaty. In any case, the use of the fund will be for account of the obligations which Germany is obliged to pay, and, as Germany undertakes to compensate its nationals, the operation may prove to be largely one of offsetting. Of course, I do not mean to indicate that Germany is obliged to pay the private debts owing to American citizens, unless it shall have collected from the debtors, as indicated by its ordinances.
On the other hand, the United States has the option of returning to the original owners such portion of the funds as it may decide to return. This is an important right, because there are many individual cases in which our Government will doubtless desire to exercise that option, whatever it may decide as to the remainder of the fund.
It may be said by way of general conclusion that the Untied States promptly and vigorously accepted the challenge hurled by Germany at the entire civilized world, when she plainly showed that her industrial and commercial establishment throughout all the world was designed and constructed for the purpose of aiding her in the deep laid plans which she had evolved to gain the world's mastery. In this field, as in every other, the United States fought a fair fight, and won an honorable victory, which the peace treaty readily acknowl
edges in the protection which it affords to every American claimant against German aggression,-a protection guaranteed by the very property which Germany was willing to risk in her great effort.
I said at the beginning that, after I had concluded this paper, which was designed chiefly for the members of the Bar, that if the audience would stand for it, possibly I would continue. (Applause). And yet, I hesitate to do so, even briefly, after discovering that I have stood here for nearly an hour.
THE CHAIRMAN: Go ahead, General.
You know, this shouting "Go on" is pretty dangerous. One time, a good many years ago, in a political campaign up in my district, I was making a speech in a little town called Portland. The town did not have a hall big enough to accommodate the crowd that came out to hear me, and so I spoke from a truck on the railroad station platform. After I had been talking, as is my usual custom, about two hours, I looked down the railroad track and saw the headlight of the locomotive coming, which I recognized as the engine of the train which ought to take me home that night if I wanted to go home, and so I turned to the crowd and said, "I see my train is coming, I think I had better go," and they shouted, "Go on, go on." (Laughter). Well, I went home that time.
I shall not go deeply into any of these great questions which the war has dumped into our laps, and yet, when the intelligent men or women of our country get together anywhere these days, they will be short of their duty to their country, and short of their duty to themselves, if they do not at least make some reference to some of these difficult problems, in order to bring home to everybody their serious character and the responsibility which rests upon all of us to attempt their solution.
The war has created conditions which are as unprecedented as the war itself. The war has created conditions which have brought about a spirit of discontent and unrest, which apparently pervades every nation on the face of the earth. Here in America we have less than they have in Europe, though, because the war did not touch us so closely, and the results and after problems of the
war will not be so serious here as they are and will be in Europe, but this one thing I want to say to you, my friends, not by way of discussing these problems, but by way of preparing our minds for their discussion,the thing for us in America to do is to keep constantly before our minds the reasons which led America into the great war. We must keep constantly before us what America hoped to accomplish by going into the war; how our aims and aspirations were affected by the tremendous political and economic changes which have resulted from the war, and how we may now solve the new questions created by those changes.
We have got to remember, first of all, it seems to me, that we went into the war a contented people, perfectly satisfied with our form of government, perfectly confident that under that form of government we could give, and we would give, to every man, woman and child between the oceans that share in the world's wealth and that measure of happiness which the Creator designed his people to enjoy. If we had not been satisfied with our government, one hundred millions of people would not have sprung to our defense in the way in which they did. If we had not been confident that the American form of government was able to solve the great problems and protect the interests of all the people, we would not have gone in to impress American ideals upon the rest of the world (applause). Because, in a large way, that is what took us into the war. The President laid down his fourteen points during the war, and they were right, and we demanded them. But they were not the things for which we fought. We demanded them as collateral security, to make certain that we should get and forever keep the bi gthings for which America fought. It was nothing to us whether Poland should be separated from the countries which had ground her down. It was nothing to us whether the Dalmatian coast should go to Italy, or to Austria. It was nothing to us whether the Austrian Empire should be broken up, or where the line should be between France and Germany. Those things did not affect us directly, yet we demanded them as security to make certain that the world should have, and should keep, the things for which America went into the war. I am old-fashioned about it. It is not mere rhetoric on my part. It comes from a deep conviction that the underlying principle of the American people in going into the war was bigger and
greater than territory, or indemnity, or reparation, or even justice for small nations in various parts of the world. Something bigger, something greater, something worth more to us, and to the world. I tell you, my friends, we fought for the things we have always fought for, for the things America has always gone to war for. Stop to think of it a minute. The United States has never gone into a great war except for the sake of freedom. (Applause). The United States has never fought a war, unless out of it has come human or political liberty. They may not have been the causes which led us in, but they have been the inevitable result of America's participation in war always. The fathers fought the war of the Revolution, and a nation was free. Their sons fought the War of 1812, and the seven seas were free. Their sons fought the war with Mexico, and the free republic of Texas joined the union of States. Their sons, our fathers, fought the unhappy war between the States, and a race of people was freed. Their sons, our brothers, fought the war with Spain, and Cuba was free. And when our sons, now that they have come back from across the seas with the same old banner floating high, advance as the emblem of a glorious victory, the world must be free. (Applause). Nothing else will do.
But more than that. I remember reading a story of a half dozen young officers, in the early part of the war, standing on an aviation field in France, discussing what was then much discussed, what was the war about? You remember how the world debated it, what had they gone to war about? These young officers threshed it out. A young Englishman said: "I don't know what the war is about." A Canadian said, "I came because England called, but I don't know why we are fighting." An Italian officer said, "I want to lick Austria, but I don't know why." A young American officer saw a peculiar glint come into the eye of the French captain, and he said to the French captain, "Do you know what the war is about?" Do you know why you fight?" The French captain's answer came out like the spit of machine gun fire. He stooped to the ground, picked up a handful of earth, and pressed it to his lips and said, "Yes, I fight for France." It was literally true. It was literally true. France was fighting for her very life. Three times the Hun had come within fifty miles of her heart, three times within fifty miles of the gates of Paris the invading hordes had