Fourth. The action of a neutral nation In declaring an
embargo on certain articles and commodities during a period of actual hostilities cannot but be regarded as a discriminatory and unneutral act by the belligerent upon whom the embargo weighs most heavily. The same action taken prior to the existence of belligerency cannot be regarded as an
overt act of discrimination because of the fact that the
action is taken when no Injury is done.
Fifth. The use of discretionary power by the President in stopping shipments of certain articles and commodities while other articles and commodities are permitted to enter the channels of trade with belligerents would be discriminatory as previously explained and would constitute a technical act of war the consequences of which would jeopardize the American position as a neutral nation.
This amendment applies not only to American exports of commodities but to American vessels as well. The reasons for the placement of these limitations upon the merchant marine are easily understood.
First. Any vessel, regardless of its neutral character, entering actual war zones with cargoes destined to the ports of a belligerent is subject to destruction and seizure if it carries any articles or commodities regarded as being contraband or limited contraband of war by either of the belligerent parties. The risks run by such a vessel are limited only to seizure of ship and cargo if the intercepting force is capable of maintaining control of those belligerent waters. The life of all on board such vessels is in danger if the intercepting craft is a submarine or aircraft which cannot by virtue of its character go through the processes of search and seizure.
Second. The United States Navy cannot protect merchant ships in zones of belligerent operations if those zones are established contiguously to European or Asiatic nations. The difficulties of operating such a protecting fleet thousands of miles from its bases makes such a policy impossible, even if we were to have a navy second to none or twice as big as any other naval power—a condition which does not exist.
Third. The use of the United States Navy as a convoying or protective agency for merchant vessels in belligerent zones contiguous to European or Asiatic states would be possible only through the maintenance of operating bases in those waters, a condition which could only be brought about through a declaration of war on one side or the other, whereby we could be assigned naval bases by our allies. Such an action would end the neutrality which is the object of this legislation.
This amendment does not deprive American merchant vessels of their carrying trade to any ports outside said belligerent zones. Commerce with other neutrals would be limited only to the extent where it was necessary to protect our citizens from actual loss of life and property. The past practice of providing sea lanes in belligerent zones, whereby neutral ships might carry cargoes to neutral ports, has been amply demonstrated.
This amendment gives us the widest possible extension of foreign trade during periods of neutrality that can be provided without danger to American property and life.
[Here the gavel fell]
The CHAIRMAN. The time of the gentleman from Nebraska has expired. All time has expired.
The question is on the amendment of the gentleman from Connecticut.
The question was taken; and on a division (demanded by Mr. Dunn) there were—ayes 30. noes 91.
So the amendment was rejected.
Mr. LUCKEY of Nebraska. Mr. Chairman, I offer an amendment, which I send to the Clerk’s desk.
The Clerk read as follows:
Amendment offered by Mr. Luckex of Nebraska: Page 20. line 19. after "Sec. 4". strike out the entire section through page 23, line 12, ending “this section shall apply equally to all belligerents’', and Insert: "(a) Whenever the President shall have Issued the proclamation as provided In section 3 of this act, thereafter it shall be unlawful for any American person to retain or assert any right, title, or Interest in any article or commodity exported by sea from the United States to any pert or place which can be reached only by traversing those waters adjacent to a belligerent state which are within the zone of belligerent operations as determined by the President, and no such right, title, or Interest shall be recognized by the Government of the United States or by any court or officer of the United States, and any contract for the insurance of any article or commodity so exported, or any American interest therein, or any American vessel carrying such article or commodity, shall be null and void and unenforceable in any court of the United States.
"(b) When in the Judgment of the President the conditions which have caused him to issue the proclamation as provided in section 3 of this act shall have ceased to exist, he shall revoke same and the provisions of this section shall thereupon cease to apply.”
Hie CHAIRMAN. The question is on the amendment offered by the gentleman from Nebraska.
The question was taken; and on a division (demanded by Mr. Boileatt) there were—ayes 41, noes 69.
So the amendment was rejected.
Mr. McREYNOfiDS and Mr. COFFEE of Washington rose.
Mr. McREYNOLDS. Mr. Chairman, I offer a perfecting committee amendment.
The CHAIRMAN. Hie gentleman from Tennessee, the chairman of the committee, is recognized.
Mr. BOILEAU. Mr. Chairman, a parliamentary inquiry.
The CHAIRMAN. Hie gentleman will state it.
Mr. BOILEAU. Mr. Chairman, is it in order now to offer a preferential motion to strike out the enacting clause before the amendments offered by the gentleman from Tennessee? The gentleman from Washington [Mr. Coffee] has been trying to get recognition for that purpose.
The CHAIRMAN. Hie Chair was endeavoring to dispose of all of the amendments to this particular section before recognizing the gentleman with a preferential motion, which the Chair intends to do after the amendments are disposed of.
The Clerk read as follows:
Committee amendment offered by Mr. McRetnolds: Page 21, line 7, after the word “materials”. Insert "overseas.”
The amendment was agreed to.
Mr. McREYNOLDS. Mr. Chairman, I offer a further committee amendment.
The Clerk read as follows:
Committee amendment offered by Mr. McReynolds: Page 22, line 6, after the word “materials”, insert "other than personal goods and effects.”
The amendment was agreed to.
Mr. KOPPLEMANN. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Kopplemann: Strike out from the last two words in line 17, down to and Including the words "It shall”. In line 24, on page 21, and after the word “thereafter”, In line 24, Insert the words "it shall": strike out the words beginning In line 24, except the word “any”, down to and including the word “prescribed”, on page 22, line 1.
Mr. KOPPLEMANN. Mr. Chairman, I ask unanimous consent that I may proceed for 3 minutes.
Mr. McREYNOLDS. Mr. Chairman, reserving the right to object, T have no objection if the gentleman will talk about his amendment' and explain it, instead of talking about the chairman of the committee. I want the gentleman to explain his amendment, because that is what the Committee is interested in. Does the gentleman agree to this?
Mr. KOPPLEMANN. I have asked for 3 minutes.
Mr. McREYNOLDS. I object, Mr. Chairman.
The CHAIRMAN. Hie question is on the amendment offered by the gentleman from Connecticut?
The amendment was rejected.
Mr. KOPPLEMANN. Mr. Chairman, I offer a further amendment.
The Clerk read as follows:
Amendment offered by Mr. Kopplemann: After the words "this act”, in line 22, strike out the rest of that line, the rest of that page, lines 1 to 4. inclusive, on page 22, and the words “claim and It shall" In line 5; after the word “thereafter”. In line 5, insert the words “It shall”; after the word “unlawful”, In line 6, strike out the rest of that line and line 6 up to the last word: In line 7 change the word “such” to the word “any”; In line 12 of page 21 strike out all the rest of this subsection, beginning with the words “the President shall.”
