-Caveat Lector-

Report of the Special Committee on Investigation of the Munitions Industry
(The Nye Report), U.S. Congress, Senate, 74th Congress, 2nd sess.,
February 24, 1936, pp. 3-13.

http://www.mtholyoke.edu/acad/intrel/nye.htm

FINDINGS

I. NATURE OF THE MUNITIONS COMPANIES

The committee finds, under the head of "the nature of the industrial and
commercial organizations engaged in the manufacture of or traffic in arms,
ammunitions, or other implements of war" that almost none of the
munitions companies in this country confine themselves exclusively to the
manufacture of military materials. Great numbers of the largest suppliers to
the Army and Navy (Westinghouse, General Electric, du Pont, General
Motors, Babcock & Wilcox, etc.) are predominantly manufacturers of
materials for civilian life. Others, such as the aviation companies and Colt's
Patent Firearms Co., supply the greatest portion of their output to the
military services. In addition to the manufacturers there are several sales
companies which act as agents for various manufacturers. There are also
brokers dealing largely in old and second-hand supplies. In case of war,
other companies, not at present producing any munitions, would be called
upon to furnish them.

The Army manufactures its own rifles, cartridges, and field artillery. The
Navy manufactures most of its own propellant powder, its own guns, and
half of the battleships.

II. THE SALES METHODS OF THE MUNITIONS COMPANIES

The Committee finds, under the head of sales methods of the munitions
companies, that almost without exception, the American munitions
companies investigated have at times resorted to such unusual
approaches, questionable favors and commissions, and methods of "doing
the needful" as to constitute, in effect, a form of bribery of foreign
governmental officials or of their close friends in order to secure business.

The committee realizes that these were field practices by the agents of
the companies, and were apparently in many cases part of a level of
competition set by foreign companies, and that the heads of the American
companies were, in cases, apparently unaware of their continued
existence and shared the committee's distaste and disapprobation of such
practices.

The committee accepts the evidence that the same practices are resorted
to by European munitions companies, and that the whole process of selling
arms abroad thus, in the words of a Colt agent, has "brought into play the
most despicable side of human nature; lies, deceit, hypocrisy, greed, and
graft occupying a most prominent part in the transactions."

The committee finds such practices on the part of any munitions company,
domestic or foreign, to be highly unethical, a discredit to American
business, and an unavoidable reflection upon those American governmental
agencies which have unwittingly aided in the transactions so
contaminated.

The committee finds, further, that not only are such transactions highly
unethical, but that they carry within themselves the seeds of disturbance
to the peace and stability of those nations in which they take place. In
some nations, violent changes of administration might take place
immediately upon the revelation of all details of such transactions. Mr.
Lammot du Pont stated that the publication of certain du Pont telegrams
(not entered in the record) might cause a political repercussion in a
certain South American country. At its February 1936 hearings, the
committee also suppressed a number of names of agents and the country
in which they were operating, in order to avoid such repercussions.

The committee finds, further, that the intense competition among
European and American munitions companies with the attendant bribery of
governmental officials tends to create a corrupt officialdom, and thereby
weaken the remaining democracies of the world at their head.

The committee finds, further, that the constant availability of munitions
companies with competitive bribes ready in outstretched hands does not
create a situation where the officials involved can, in the nature of things,
be as much interested in peace and measures to secure peace as they are
in increased armaments.

The committee finds also that there is a very considerable threat to the
peace and civic progress of other nations in the success of the munitions
makers and of their agents in corrupting the officials of any one nation and
thereby selling to that one nation an armament out of proportion to its
previous armaments. Whether such extraordinary sales are procured
through bribery or through other forms of salesmanship, the effect of such
sales is to produce fear, hostility, and greater munitions orders on the p
art of neighboring countries, culminating in economic strain and collapse
or war.

The committee elsewhere takes note of the contempt of some of the
munitions companies for those governmental departments and officials
interested in securing peace, and finds here that continual or even
occasional corruption of other governments naturally leads to a belief that
all governments, including our own, must be controlled by economic
forces entirely.

III. THEIR ACTIVITIES CONCERNING PEACE EFFORTS

The committee finds, under this head, that there is no record of any
munitions company aiding any proposals for limitation of armaments, but
that, on the contrary, there is a record of their active opposition by some
to almost all such proposals, of resentment toward them, of contempt for
those responsible for them, and of violation of such controls whenever
established, and of rich profiting whenever such proposals failed.

Following the peaceful settlement of the Tacna-Arica dispute between
Peru and Chile, L. Y. Spear, vice president of Electric Boat Co. (which
supplied submarines to Peru) wrote to Commander C. W. Craven, of
Vickers-Armstrong (which supplied material to Chile):



It is too bad that the pernicious activities of our State Department have
put the brake on armament orders from Peru by forcing resumption of
formal diplomatic relations with Chile * *

When the proposal to control the international traffic in arms was made in
1924 the Colt licensee in Belgium wrote:

It is, of course, understood that our general interest is to prevent the
hatching up of a new agreement plan "under such a form" (as Sir Eric
Drummond says) "that it may be accepted by the governments of all the
countries who manufacture arms and munitions of war."

It then proposed methods of "lengthening the controversies" and to "wear
out the bodies occupied with this question."

The first great peace effort after the war was incorporated in the Treaty
of Versailles and in the treaty of peace between the United States and
Germany in the form of a prohibition on the manufacture, import, and
export of arms by Germany. The manufacture and export of military
powder by German companies, in violation of these treaty provisions first
took place in 1924 and was known to the Nobel Co. (predecessors of
Imperial Chemical Industries) of England and to the du Pont Co., but was
not brought to the attention of the Department of State. The du Pont
officials explained that the violation was allowed because of the close
commercial relations between the British and German chemical companies.
Later, United Aircraft licensed a German company for the manufacture of
its airplane engines. Sperry Gyroscope also licensed a German company for
the manufacture of its equipment. Both the engines and the equipment
were of military availability. (See part V, B, secs. II and III.)

The second peace effort was made in 1922, when the Washington
Disarmament Conference took place, not long after the American
shipbuilding companies had received post-war awards of destroyers at a
cost of $149,000,000, and while battleships whose construction was left
pending in 1917 were being completed. The naval part of that conference
succeeded in stopping a naval race. There was however, no effective
action taken in regard to checking the use of poison gas, which was the
other main subject for consideration. The committee's record is
incomplete on the activities of the munitions companies in this
connection, but does show their opposition to proposals for control of
the chemical industry and their interest in the choice of chemical advisers
to the American delegation. The conference had been preceded by the
sale of all the German chemical patents to the American companies for a
small sum, extensive propaganda and expenditures for high-tariff
protection on grounds of national defense, and the instigation and writing
of news stories from London and Paris designed to give the American
public the impression that France and England were engaged in the
construction of great poison-gas factories of their own to offset the
German ones. Some of these were written by a du Pont agent under an
assumed name. The Washington Conference operated in this atmosphere,
and contented itself with repeating the declarations of The Hague
conventions respecting the use of poisonous gases in warfare which had
been violated during the war. Several delegations pointed out that this was
no progress at all, but simply a reaffirmation of supposedly existing
international law.

The embargo placed at the request of the Central (Nanking) Chinese
Government on exports of arms to China was, according to the evidence,
violated by American and European munitions companies. Shipments via
Europe and Panama were frequently considered as a means of evading the
embargo.

The Geneva Arms Control Conference of 1925 was watched carefully by the
American and European munitions makers. They knew the American military
delegates to the conference several weeks before the public was informed
of their names, and one of them told the munitions makers that he
believed a licensing system (the sine qua non of any control) to be
undesirable. Du Pont representatives made known their objections to
publicity. At a conference at the Department of Commerce (prior to the
convening of the Geneva Conference) the objections of the munitions
manufacturers were considered carefully and reservations to the draft
convention to be discussed at Geneva were made. State Department
documents not entered into the record ,give credit to the American
delegation to the Geneva Conference for weakening the proposed draft
convention in two important respects. The du Pont representatives (who
attended the meeting at the Department of Commerce) later remarked of
the final draft of the convention regarding the arms traffic signed at
Geneva in 1925:

There will be some few inconveniences to the manufacture of munitions in
their export trade, but in the main they will not he hampered materially.

The draft convention was widely advertised as a large step forward in the
direction of control of the traffic in arms. It has, in 1936, not yet been
ratified by sufficient States to put it into effect.

The influence of American naval shipbuilding companies on the Geneva
Disarmament Conference of 1927 has been described in the committee's
report on Naval Shipbuilding (74th Cong., Rept. 944). Their agent at Geneva
claimed credit for the failure of that conference, which came at a time
when the Big Three shipyards had been given orders by the Navy for
$53,744,000 in cruisers, which would have been cut materially in case the
conference had been a success. He was paid by the shipbuilders into 1929.
The Navy has not denied to the committee that this agent of the
shipbuilders was in possession of confidential Navy Department documents
during the time of his activity at Geneva.

Following the Geneva conference an arms embargo resolution was
introduced in 1928 by the chairman of the American delegation to that
conference, Representative Burton of Ohio. The munitions manufacturers,
cocky with their success at Geneva, consulted with such allied interests as
the Sporting Arms and Ammunition Manufacturers Institute, and found it
unnecessary to appear in the front ranks of opposition to this resolution.
In 1932 Representative Fish introduced a resolution for a multilateral
agreement renouncing the sale and export of arms. Du Pont
representatives were active in lining up War and Navy opposition to it. In
1932-33 President Hoover supported an arms embargo which drew the
comment from a du Pont representative:

Regarding the attempts of Mr. Hoover and the "cooky pushers" in the State
Department to effect embargoes on munitions sent out of the country, I
do not believe there is the least occasion for alarm at present.

The munitions people were active in opposition to the arms embargo
proposal which was adopted in the Senate without opposition. Senator
Bingham of Connecticut succeeded in killing the bill on reconsideration
and received the thanks of the munitions people and of their organization,
the Army Ordnance Association. The War Department also opposed the
embargo.

In 1932, another disarmament conference was held at Geneva. By this time
the failure to prevent the rearmament of Germany, described above, had
resulted in great profits to the French steel industry which had received
large orders for the building of the continuous line of fortifications across
the north of France, to the French munitions companies, and profits were
beginning to flow into the American and English pockets from German
orders for aviation mat�riel. This in turn resulted in a French and English
aviation race, and with Germany openly rearming the much-heralded
disarmament conference which convened in 1932 has failed completely. It
was pointed out by a committee member that Du Pont representatives
were aware that--

the effect of the failure to check the [Versailles] treaty violation even
goes to the extent of making a subsequent disarmament convention, if not
improbable in its success, at least calculated to produce only an
unworkable document.

In 1934, Congress adopted a joint resolution prohibiting, in effect, sales of
munitions to Bolivia and Paraguay, then engaged in the Chaco War, for a
period of almost 6 years. During these 6 years, the munitions companies
had profited largely from the defeat of the Burton embargo proposal,
offered in 1928.

The Chaco embargo, according to indictments issued by a Federal grand
jury, was violated by the Curtiss-Wright Export Corporation and the Curtiss
Aeroplane Motor Co. The lower court has held the embargo
unconstitutional on the ground of delegation of power to the President.

Mayrink-Veiga, agents for many munitions companies in Brazil suggested
that the embargo could be evaded by the shipment of planes to Europe
first, stating that to be the Curtiss and Bellanca procedure.

In 1935, after a year of hearings by the special committee, a neutrality bill
was passed including an embargo on arias, ammunition, and implements of
war in the event of a state of war between two or more foreign states,
and including a munitions-control board with power to issue export
licenses. The Secretary of State has announced that not all the companies
supposed to register under this law have done so. In 1936 an attempt was
made to amend the neutrality law by holding the exports of necessary war
materials (oil, copper, steel, etc.) to belligerents to normal quotas. This
was defeated. Considerable quantities of those materials were already
being exported to Italy, one of the belligerents in the Italo-Ethiopian War,
and some of the exporting companies had connections and investments in
Italy.

IV. THE EFFECT OF ARMAMENTS ON PEACE

The committee finds, under the head of the effect of armament, on
peace, that some of the munitions companies have occasionally had
opportunities to intensify the fears of people for their neighbors and have
used them to their own profit.

The committee finds, further, that the very quality which in civilian life
tends to lead toward progressive civilization, namely the improvements of
machinery, has been used by the munitions makers to scare nations into a
continued frantic expenditure for the latest improvements in devices of
warfare. The constant message of the traveling salesman of the munitions
companies to the rest of the world has been that they now had available
for sale something new, more dangerous and more deadly than ever before
and that the potential enemy was or would be buying it.

While the evidence before this committee does not show that wars have
been started solely because of the activities of munitions makers and their
agents, it is also true that wars rarely have one single cause, and the
committee finds it to be against the peace of the world for selfishly
interested organizations to be left free to goad and frighten nations into
military activity.

The committee finds, further, that munitions companies engaged in bribery
find themselves involved in the civil and military politics of other nations,
and that this is an unwarranted form of intrusion into the affairs of other
nations and undesirable representation of the character and methods of
the people of the United States.

The export field of our munitions companies has been South America and
China, with occasional excursions into Poland, Turkey, Siam, Italy, Japan,
and other nations. There was less important dynamite loose in either
South America or China than in western Europe. The activities of the
munitions makers in Europe were of greater importance to the peace of
the western world than their activities in either South America or China. It
will remain for commissions with full powers in the large European nations
to report on the provocative activities of their companies, particularly to
investigate the statements made in the French Chamber of Deputies, that
Skoda in Czechoslovakia, a subsidiary of Schneider-Creusot, financed the
Hitler movement to power, which, more than any one other event, can be
credited with causing the present huge rearmament race in Europe, so
profitable to the European steel, airplane, and munitions companies.

In South America there have, in the post-war years, been moments of
severe tension, occasionally breaking out into war. One of these moments
apparently came directly after the World War, when Chile bought from
Vickers a considerable battle fleet. This caused agitation in Brazil,
Argentina, and Peru, with Vickers taking the lead in Chile and Argentina,
and Electric Boat Co. in Peru and Brazil. The situation was apparently so
delicate that an administration countermanded an offer from the United
States Navy to sell destroyers to Peru inasmuch as the sale might
encourage an outbreak of war between Chile and Peru (exhibits 54, 57).

Later tension developed between Peru and Chile over the Tacna-Arica
matter and Aubry, the Electric Boat Co. agent, felt that if he brought the
contracts for submarines for Peru--

it would be a great blunder going to Argentina, for instance, via Chile (In
this business we have to be tactful and a little diplomatist) and so in regard
to Brazil as well as to the Argentine now that affairs are going to take
place at the same time (exhibit 69).

Mr. Carse, president of Electric Boat, recognized the danger of armament
when he pointed out in regard to financing Peruvian purchases "the
armament which this money could purchase would not insure victory, as
the other nation has much stronger armament and would tend more to
bring conflict to a point than if they did not purchase the armament"
(exhibit 61). It was sold, nevertheless.

The spreading effects of such fears were reported by Vice President
Sutphen of Electric Boat:

It appears that there has been quite an agitation in Bolivia, as you know,
and a revolution has occurred there recently, and in the opinion of the
bankers it has been instigated largely by Peru to have Bolivia join with her
in opposition to Chile (ex. 60).

Chile was the country which bought the original increased armaments. It
was in this connection that Spear wrote Craven of the "pernicious
activities" of the United States Department of State in helping the
resumption of diplomatic relations between Chile and Peru.

The naval armament had its military side. Evidence read into the record
during the Colt Co. hearing in 1936 indicated an arms race with intense
activity on the part of all machine-gun manufacturers. The country which
was credited with starting military armament "out of all proportion with
that of other countries in South America" was identified as a country
whose officials were the most susceptible to bribes.

The Department of Commerce obligingly furnished Colts the information
that the arms race was bringing about a cabinet crisis in one of the
countries reluctant to participate in it.

The statement of a Federal Laboratories salesman that "the unsettled
condition in South America has been a great thing for me" is the key, and
also, "We are certainly in one hell of a business where a fellow has to wish
for trouble to make a living."

Colombia and Peru, at the time of the Leticia incident, were each kept
well informed by the munitions companies of the proposed purchases of
the other nation. The evidence of the Colt agent in Peru was that the
Vickers agent, after unloading a huge armament order on Peru, had
boasted to the Peruvians that he would sell "double the amount, and more
modern, to the Chilean Government." When a limited amount of materiel,
such as machine guns, was available, Bolivia could be forced into ordering
them on the threat that unless she acted quickly, Paraguay would get
them. Killing the back-country Indians of South America with airplanes,
bombs, and machine guns boiled down to an order to get busy because
"these opera bouffe revolutions are usually short-lived, and we must make
the most of the opportunity"

In China the munitions companies report that there was a certain amount
of feeling between the Central (Nanking) Government and the Canton
Government. The Boeing agent was able to sell 10 planes to the Canton
Government. Referring to the Nanking (recognized) Government he wrote:

Their anger at us in selling airplanes to the Cantonese is more than offset
by the fact that the Cantonese have gotten ahead of them and will have
better equipment than they will have. In other words, the Canton sale is
quite a stimulant to the sale up here.

The company, interested in making sales also to the recognized Nanking
Government, replied:

If the present deal with the Cantonese can be put through, without
unreasonable demands being made upon us, it is to our advantage to
successfully conclude the business if for no other reason but for the
effect it would have on the Nanking Government.

All this may be little more to the munitions people than a highly profitable
game of bridge with special attention on all sides to the technique of the
"squeeze" play, but to a considerable part of the world's inhabitants there
is still something frightful in death by machinery, and the knowledge that
neighboring governments have acquired the latest and fastest engines of
destruction leads to suspicion that those engines are meant to be used,
and are not simply for play and show.

At the time a naval bill for $617,000,000 was before Congress, the president
of the Bath Iron Works in Maine asked the publisher of a string of
newspapers to reprint a Japanese war-scare story, although the Chinese
source of that story had been thoroughly discredited editorially by the
newspaper originally publishing it, the New York Herald Tribune. He
thanked the publisher for playing up the scare story (Report on Naval
Shipbuilding).

Attempts to sell munitions frequently involve bribery, which, to be
effective, must go to those high in authority. This is apt to involve the
companies in the politics of foreign nations. Federal Laboratories, by
putting itself at the disposal of the administration of Cuba and two
opposing factions, all at the same time, is a case in point. The Colt agent in
Peru reported on his helping overthrow the general in charge of ordnance
orders. American airplane companies reported on the political influence of
French and English airplane companies, in a certain European country.
Sperry Gyroscope's representative reported on Vickers' (English) political
influence in Spain, as did also Electric Boat Co. officials.

The political power of the companies is best indicated, however, by a
letter from Mr. John Ball, director of the Soley Armament Co Ltd., of
England, in which he pointed out that "the stocks we control are of such
magnitude that the sale of a big block of them could alter the political
balance of power of the smaller States."

V. THEIR RELATIONS WITH THE UNITED STATES GOVERNMENT

The committee first, under this head, repeats its report on naval
shipbuilding, in which "the committee finds, under the head of influence
and lobbying of shipbuilders, that the Navy contractors, subcontractors,
and suppliers constitute a very large and influential financial group", and
"the committee finds that the matter of national defense should be above
and separated from lobbying and the use of political influence by self-
interested groups and that it has not been above or separated from either
of them."

The committee finds, further, that the munitions companies have secured
the active support of the War, Navy, Commerce, and even State
Departments in their sales abroad, even when the material was to be
produced in England or Italy.

The committee finds that by their aid and assistance to munitions
companies the War, Navy, and Commerce Departments condone, in effect,
in the eyes of those foreign officials cognizant of the details of the
transactions the unethical practices of the companies which characterize
their foreign sales efforts.

The committee finds that the munitions companies have constantly
exerted pressure on the War Department to allow the exportation of the
most recent American improvements in warfare, and have usually been
successful in securing it, and have also furnished plans of important new
machines of war to their foreign agents in advance of any release by the
War Department.

The committee finds that the War Department encourages the sale of
modern equipment abroad in order that the munitions companies may stay
in business and be available in the event of another war, and that this
consideration outranks the protection of secrets. (General Ruggles was
quoted: "It was vastly more important to encourage the du Pont Co. to
continue in the manufacture of propellants for military use, than to
endeavor to protect secrets relating to the manufacture.")

The committee finds that as improvements are developed here, often with
the cooperation of the military services, and these improvements
presumably give the United States a military advantage, we are in the
anomalous position of being forced to let the other nations have the
advantages which we have obtained for ourselves, in order to keep the
munitions manufacturers going, so that the United States can take
advantage of the same improvements which its companies have sold
abroad.

The committee finds, from official documents it has not entered into the
record, that the United States naval missions to Brazil and Peru have been
given considerable help to American munitions makers, and that their
participation and leadership in war games directed at "a potential enemy"
have not advanced the cause of peace in South America, and that their
activity can be misinterpreted by neighboring countries as support of any
military plans of the nations to which they are attached.

The committee finds, from official documents which it has not entered
into the record, that the sales of munitions to certain South American
nations in excess of their normal capacity to pay, was one of the causes
for the defaults on certain South American bonds; and that the sales of
the munitions was, in effect, financed by the American bond purchasers,
and the loss on the bonds was borne by the same people.

The committee finds that the Army Ordnance Association, consisting of
personnel from the munitions companies, constitutes a self-interested
organization and has been active in War Department politics and
promotions.

The committee finds that the Navy League of the United States has
solicited and accepted contributions from steamship companies, the
recipients of subsidy benefits, and that it has solicited contributions from
companies with large foreign investments on the ground that these would
profit from a large navy and that its contributors have at times been
persons connected with Navy supplies. The committee also finds that the
Navy League together with various Navy officials have engaged in political
activity looking toward the defeat of Congressmen unfavorable to Navy
League and Navy views.

The committee finds, further, that any close associations between
munitions and supply companies on the one hand and the service
departments on the other hand, of the kind which existed in Germany
before the World War, constitutes an unhealthy alliance in that it brings
into being a self-interested political power which operates in the name of
patriotism and satisfies interests which are, in large part, purely selfish,
and that such associations are an inevitable part of militarism, and are to
be avoided in peacetime at all costs.

The committee finds, finally, that the neutrality bill of 1936, to which all its
members gave their support and which provides for an embargo on the
export of arms, ammunitions, and implements of war to belligerents, was a
much needed forward step, and that the establishment of a Munitions
Control Board, under the Department of State, should satisfactorily
prevent the shipment of arms to other than recognized governments.

VI. INTERNATIONAL AGREEMENTS OF MUNITIONS COMPANIES

The committee finds, under this head, that, among the companies
investigated, the following have the most extensive foreign arrangements:
F. I. du Pont do Nemours Co., Colt's Patent Firearms Co., Electric Boat Co.,
Sperry Gyroscope Co., Pratt & Whitney Aircraft Co.

The committee finds that the usual form of arrangement is a license to a
foreign ally involving rights to manufacture and sell in certain parts of the
world, together with more or less definite price-fixing agreements and
occasionally profit-sharing arrangements, and that in effect the world is
partitioned by parties at interest.

The committee finds that the granting of licenses to manufacture and sell
to nations against which there were embargoes, such as Germany, was in
practice a violation of the interest of such embargoes and nullified them.

The committee finds that the international commercial interests of such
large organizations as du Pont and Imperial Chemical Industries may
precede in the minds of those companies the importance of national
policy as described publicly by the foreign office or State Department, and
that such considerations of commercial interest were apparently foremost
in the rearming of Germany beginning in 1924 and in the sale of a process
which could he used to manufacture cheaper munitions in Japan in 1932,
shortly after Secretary of State Stimson had taken steps to express the
disapproval of this Nation for Japan's military activities in Manchuokuo.
Several aviation companies also licensed Japan for the use of their material
in Manchuokuo at a time when the United States Government refused
recognition to it. Recognition by munitions companies may be far more
important than diplomatic recognition.

The committee finds that the licensing of American inventions to allied
companies in foreign nations is bound to involve in some form the
recurrence of experiences similar to those in the last war in which
Electric Boat Co. patents were used in German submarines and aided them
in the destruction of American lives, and ships, and that in peacetime the
licensing involves the manufacture abroad, at lower costs, of American
material.

VII. THE CHEMICAL INDUSTRY AND MUNITIONS

The committee finds a general acknowledgment of the importance of the
commercial chemical industry to the manufacture of such instruments of
warfare as high explosives and gasses, that most of the large industrial
nations have granted their chemical companies considerable measures of
protection in the interests of national defense, and that no effective
control has to date been established over these large military resources.

These findings were concurred in by all members of the committee.



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