Читать книгу From Isolation to Leadership, Revised - John Holladay Latané - Страница 12

President Monroe's declaration had a negative as well as a positive side. It was in effect an announcement to the world that we would not use force in support of law and justice anywhere except in the Western Hemisphere, that we intended to stay at home and mind our own business. Washington and Jefferson had recommended a policy of isolation on grounds of expediency. Washington, as we have seen, regarded this policy as a temporary expedient, while Jefferson upon two separate occasions was ready to form an alliance with England. Probably neither one of them contemplated the possibility of the United States shirking its responsibilities as a member of the family of nations. Monroe's message contained the implied promise that if Europe would refrain from interfering in the political concerns of this hemisphere, we would abstain from all intervention in Europe. From that day until our entrance into the World War it was generally understood, and on numerous occasions officially proclaimed, that the United States would not resort to force on any question arising outside of America except where its material interests were directly involved. We have not refrained from diplomatic action in matters not strictly American, but it has always been understood that such action would not be backed by force. In the existing state of world politics this limitation has been a serious handicap to American diplomacy. To take what we could get and to give nothing in return has been a hard rule for our diplomats, and has greatly circumscribed their activities. Diplomatic action without the use or threat of force has, however, accomplished something in the world at large, so that American influence has by no means been limited to the western hemisphere.

During the first half of the nineteenth century the subject of slavery absorbed a large part of the attention of American statesmen. The fact that they were not concerned with foreign problems outside of the American hemisphere probably caused them to devote more time and attention to this subject than they would otherwise have done. Slavery and isolation had a very narrowing effect on men in public life, especially during the period from 1830 to 1860. As the movement against slavery in the early thirties became world-wide, the retention of the "peculiar institution" in this country had the effect of increasing our isolation. The effort of the American Colonization Society to solve or mitigate the problem of slavery came very near giving us a colony in Africa. In fact, Liberia, the negro republic founded on the west coast of Africa by the Colonization Society, was in all essentials an American protectorate, though the United States carefully refrained in its communications with other powers from doing more than expressing its good will for the little republic. As Liberia was founded years before Africa became a field for European exploitation, it was suffered to pursue its course without outside interference, and the United States was never called upon to decide whether its diplomatic protection would be backed up by force.

The slave trade was a subject of frequent discussion between the United States and England during the first half of the nineteenth century, and an arrangement for its suppression was finally embodied in Article VIII of the Webster-Ashburton Treaty of 1842. The only reason why the two countries had never been able to act in accord on this question before was that Great Britain persistently refused to renounce the right of impressment which she had exercised in the years preceding the War of 1812. The United States therefore refused to sign any agreement which would permit British naval officers to search American vessels in time of peace. In 1820 the United States declared the slave trade to be a form of piracy, and Great Britain advanced the view that as there was no doubt of the right of a naval officer to visit and search a ship suspected of piracy, her officers should be permitted to visit and search ships found off the west coast of Africa under the American flag which were suspected of being engaged in the slave trade. The United States stoutly refused to acquiesce in this view. In the Webster-Ashburton Treaty of 1842 it was finally agreed that each of the two powers should maintain on the coast of Africa a sufficient squadron "to enforce, separately and respectively, the laws, rights, and obligations of each of the two countries for the suppression of the slave trade." It was further agreed that the officers should act in concert and coöperation, but the agreement was so worded as to avoid all possibility of our being drawn into an entangling alliance.

The United States has upon various occasions expressed a humanitarian interest in the natives of Africa. In 1884 two delegates were sent to the Berlin conference which adopted a general act giving a recognized status to the Kongo Free State. The American delegates signed the treaty in common with the delegates of the European powers, but it was not submitted to the Senate for ratification for reasons stated as follows by President Cleveland in his annual message of December 8, 1885:

"A conference of delegates of the principal commercial nations was held at Berlin last winter to discuss methods whereby the Kongo basin might be kept open to the world's trade. Delegates attended on behalf of the United States on the understanding that their part should be merely deliberative, without imparting to the results any binding character so far as the United States were concerned. This reserve was due to the indisposition of this Government to share in any disposal by an international congress of jurisdictional questions in remote foreign territories. The results of the conference were embodied in a formal act of the nature of an international convention, which laid down certain obligations purporting to be binding on the signatories, subject to ratification within one year. Notwithstanding the reservation under which the delegates of the United States attended, their signatures were attached to the general act in the same manner as those of the plenipotentiaries of other governments, thus making the United States appear, without reserve or qualification, as signatories to a joint international engagement imposing on the signers the conservation of the territorial integrity of distant regions where we have no established interests or control.

"This Government does not, however, regard its reservation of liberty of action in the premises as at all impaired; and holding that an engagement to share in the obligation of enforcing neutrality in the remote valley of the Kongo would be an alliance whose responsibilities we are not in a position to assume, I abstain from asking the sanction of the Senate to that general act."

The United States also sent delegates to the international conference held at Brussels in 1890 for the purpose of dealing with the slave trade in certain unappropriated regions of Central Africa. The American delegates insisted that prohibitive duties should be imposed on the importation of spirituous liquors into the Kongo. The European representatives, being unwilling to incorporate the American proposals, framed a separate tariff convention for the Kongo, which the American delegates refused to sign. The latter did, however, affix their signatures to the general treaty which provided for the suppression of the African slave trade and the restriction of the sale of firearms, ammunition, and spirituous liquors in certain parts of the African continent. In ratifying the treaty the Senate reaffirmed the American policy of isolation in the following resolution:

"That the United States of America, having neither possessions nor protectorates in Africa, hereby disclaims any intention, in ratifying this treaty, to indicate any interest whatsoever in the possessions or protectorates established or claimed on that Continent by the other powers, or any approval of the wisdom, expediency or lawfulness thereof, and does not join in any expressions in the said General Act which might be construed as such a declaration or acknowledgement; and, for this reason, that it is desirable that a copy of this resolution be inserted in the protocol to be drawn up at the time of the exchange of the ratifications of this treaty on the part of the United States."

The United States has always stood for legality in international relations and has always endeavored to promote the arbitration of international disputes. Along these lines we have achieved notable success. It is, of course, sometimes difficult to separate questions of international law from questions of international politics. We have been so scrupulous in our efforts to keep out of political entanglements that we have sometimes failed to uphold principles of law in the validity of which we were as much concerned as any other nation. We have always recognized international law as a part of the law of the land, and we have always acknowledged the moral responsibilities that rested on us as a member of the society of nations. In fact, the Constitution of the United States expressly recognizes the binding force of the law of nations and of treaties. As international law is the only law that governs the relations between states, we are, of course, directly concerned in the enforcement of existing law and in the development of new law. When the Declaration of Paris was drawn up by the European powers at the close of the Crimean War in 1856, the United States was invited to give its adherence. The four rules embodied in the declaration, which have since formed the basis of maritime law, are as follows: First, privateering is, and remains, abolished. Second, the neutral flag covers enemy's goods, with the exception of contraband of war. Third, neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag. Fourth, blockades, in order to be binding, must be effective. The United States Government was in thorough accord with the second, third, and fourth rules but was unwilling, as matters then stood, to commit itself to the first rule. It had never been our policy to maintain a large standing navy. In the War of 1812, as in the Revolution, we depended upon privateers to attack the commerce of the enemy. In reply to the invitation to give our adherence to the declaration, Secretary Marcy made a counter proposition, namely, that the powers of Europe should agree to exempt all private property, except of course contraband of war, from capture on the high seas in time of war. He said that if they would agree to this, the United States would agree to abolish privateering. The powers of Europe refused to accept this amendment. We refrained from signing the Declaration of Paris, therefore, not because it went too far, but because it did not go far enough.

During the Civil War the United States Government used its diplomatic efforts to prevent the recognition of the independence of the Confederacy and the formation of hostile alliances. It made no effort to form any alliance itself and insisted that the struggle be regarded as an American question. The dispute with England over the Alabama Claims came near precipitating war, but the matter was finally adjusted by the Treaty of Washington. The most significant feature of this treaty, as far as the present discussion is concerned, was the formal adoption of three rules which were not only to govern the decision of the "Alabama Claims," but which were to be binding upon England and the United States for the future. It was further agreed that these rules should be brought to the knowledge of other maritime powers who should be invited to accede to them. The rules forbade the fitting out, arming, or equipping within neutral jurisdiction of vessels intended to cruise or carry on war against a power with which the neutral is at peace; they forbade the use of neutral ports or waters as a base of naval operations; and they imposed upon neutrals the exercise of due diligence to prevent these things from being done. While these rules have never been formally adopted by the remaining powers, they are generally recognized as embodying obligations which are now incumbent upon all neutrals.

When the United States decided to accept the invitation of the Czar of Russia to attend the first peace conference at The Hague in 1899, grave misgivings were expressed by many of the more conservative men in public life. The participation of the United States with the powers of Europe in this conference was taken by many Americans to mark the end of the old order and the beginning of a new era in American diplomacy. The conference, however, was concerned with questions of general international interest, and had no bearing upon the internal affairs of any state, European or American. Lest there should be any misapprehension as to the historic policy of the United States, the final treaty was signed by the American delegation under the express reservation of a declaration previously read in open session. This declaration was as follows:

"Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions or policy or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply a relinquishment by the United States of America of its traditional attitude toward purely American questions." The establishment of the Permanent Court of Arbitration at The Hague which resulted from the first conference was a notable achievement, although the Court has accomplished less than its advocates hoped. This was the most important occasion on which American delegates had sat together with European diplomats in a general conference. Our delegation was the object of considerable interest and was not without influence in shaping the provisions of the final treaty. It was through the personal influence of Andrew D. White that the Emperor of Germany was persuaded to permit his delegation to take part in the proceedings establishing the Court of Arbitration.

The second Hague Conference revised the Convention for the Pacific Settlement of International Disputes, drew up a plan for an International Prize Court, and attempted a codification of the rules of international law on a number of subjects relating to the conduct of war and the rights of neutrals. The American delegates, headed by Mr. Choate, not only took a prominent part in these proceedings, but, acting under instructions from Secretary Root, they proposed to the Conference the creation of a permanent international court of justice. The creation of an international court of justice whose decisions would have the force of law, as distinguished from an international court of arbitration whose decisions are usually arrived at by a compromise of conflicting legal or political points of view, had long been advocated by advanced thinkers, but the proposition had always been held by practical statesmen to be purely academic. The serious advocacy of the proposition at this time by a great nation like the United States and the able arguments advanced by Mr. Choate marked an important step forward and made a profound impression. There were two difficulties in the way of establishing such a court at the second Hague Conference. In the first place, the delegation of the United States was the only one which had instructions on this subject, and in the second place it was found to be impossible to agree upon a method of selecting the judges. The great world powers, with the exception of the United States, demanded permanent representation on the court. The smaller nations, relying on the doctrine of the equality of states, demanded likewise to be represented. If each nation could have been given the right to appoint a judge, the court could have been organized, but there would have been forty-four judges instead of fifteen, the number suggested in the American plan. The Draft Convention for the Establishment of the Court of Arbitral Justice, as it was agreed the new court should be designated, was submitted to the Conference and its adoption recommended to the signatory powers. This Draft contained thirty-five articles and covered everything except the method of appointing judges. This question was to be settled by diplomatic negotiation, and it was agreed that the court should be established as soon as a satisfactory agreement with regard to the choice of judges could be reached. After the adjournment of the Conference the United States continued its advocacy of the international court of justice through the ordinary diplomatic channels. The proposal was made that the method of selecting judges for the Prize Court be adopted for the court of justice, that is, that each power should appoint a judge, that the judges of the larger powers should always sit on the court while the judges of the other powers should sit by a system of rotation for limited periods. It was found, however, that many of the smaller states were unwilling to accept this suggestion, and as difficulties which we will mention presently prevented the establishment of the Prize Court, the whole question of the court of justice was postponed.