« PreviousContinue »
Article XIV The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively.
On the day on which it takes effect, the conventions of November 9, 1843, February 24, 1845, and February 10, 1858, shall cease to be in force except as to crimes therein enumerated and committed prior to that date.
The ratifications of this treaty shall be exchanged at Paris as soon as possible, and it shall remain in force for a period of six months after either of the two governments shall have given notice of a purpose to terminate it. — (Supplement to the American Journal of International Law, Oct., 1911, pp. 234-249.)
32. Extract from the Rules on Extradition voted by the
Institute of International Law at Geneva, 1892
Criminal acts directed against the foundations of the whole social order, and not merely against a particular state or a particular form of government are not to be regarded as political offences from the point of view of the application of the preceding rules. - (Annuaire de l'Institut de Droit International, 1892–94, pp. 181-82.)
NOTE. The rules referred to declared that those who were concerned in acts done in the course of a rebellion or civil war should not be extradited unless the acts in question were forbidden by the laws of war, and that, in the case of offenses that are both political in motive and object and also ordinary crimes, extradition should not be granted unless they were of a very serious character, such as assassination or arson. The protection accorded by these rules was taken away by the Article reproduced above from those who are in revolt against the existing social order.
33. The Concert of Europe
EXTRACTS FROM SPEECHES BY THE LATE LORD SALISBURY
AND SIR EDWARD GREY
Lord Salisbury The peace of Europe is enormously important. If the Concert of Europe had not existed, that peace would have been exposed to great danger. Every statesman in Europe looked forward to the reopening of the Eastern Question with dread as something which might light the flames of war in Europe. It is the great praise and achievement of the Concert of Europe that it has prevented that terrible calamity. . . . Remember this, that this Federation of Europe is the embryo of the only possible structure of Europe which can save civilisation from the desolating effects of a disastrous war. On all sides the instruments of destruction are piling up. ... The one hope we have to prevent this from ending in a terrible effort of mutual destruction which will be fatal to Christian civilisation is that the Powers may gradually be brought to act in a friendly spirit, until at last they shall be welded together in some international constitution which shall give to the world as the result of their great strength a long spell of unfettered commerce, prosperous trade and continued peace. — (Speech at the Mansion House, Nov. 9, 1897.)
Sir Edward Grey There is another matter of vital importance, and that is that the Great Powers should continue to keep in touch with each other and that no one of them should take any action which is likely to cause differences between them. That has been the object which we have striven to promote in common with other Powers, and that is the object for which we shall continue to strive. The Great Powers have in the course of the last few months come to certain decisions among themselves, especially with regard to Albania, which have contributed materially to preserve harmony between them. It is, of course, essential that nothing which happens in the war now proceeding in the Balkans should upset these decisions, which are valuable assets on the side of harmony between the parties. There are other matters still to be decided between the Powers to secure complete agreement among them. Those we shall continue to discuss and with those, I trust, we shall make some progress. But the best prospect I can put before the House is that the war now proceeding in the Balkans is so exhausting . . . that the mere intensity of it should bring it to a conclusion, and that no complication should arise out of it which will make any of the Great Powers lose touch with or endanger the Concert of Europe. . . . The first business of the Concert of Europe after all is to preserve itself and to preserve harmony between its component parts. If that failed the consequences to Europe would be far more disastrous than anything which has yet occurred. — (Speech in the House of Commons, July 14, 1913.)
34. The Monroe Doctrine
At the proposal of the Russian Imperial Government, made through the minister of the Emperor residing here, a full power and instructions have been transmitted to the Minister of the United States at St. Petersburg, to arrange, by amicable negotiation, the respective rights and interests of the two nations on the north-west of this continent. A similar proposal had been made by his Imperial Majesty to the Government of Great Britain, which has likewise been acceded to. The Government of the United States has been desirous, by this friendly proceeding, of manifesting the great value which they have invariably attached to the friendship of the Emperor, and their solicitude to cultivate the best understanding with his government. In the discussions to which this interest has given rise and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved,
that the American continents, by the free and independent condition which they have assumed and maintain, are hence forth not to be considered as subjects for future colonization by any European powers.
The citizens of the United States cherish sentiments the most friendly in favor of the liberty and happiness of their fellow men on that side of the Atlantic. In the wars of the European powers, in matters relating to themselves, we have never taken any part, nor does it comport with our policy to do so. It is only when our rights are invaded or seriously menaced, that we resent injuries or make preparation for our defence. With the movements in this hemisphere we are, of necessity, more immediately connected, and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America. This difference proceeds from that which exists in their respective governments. And to the defence of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wisdom of our most enlightened citizens, and under which we have enjoyed unexampled felicity, this whole nation is devoted. We owe it, therefore, to candor and to the amicable relations existing between the United States and those powers to declare that we should consider any attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and safety. With the existing colonies or dependencies of any European power we have not interfered, and shall not interfere. But with the Governments who have declared their independence and maintained it, and whose independence we have, on great consideration and on just principles, acknowledged, we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any European power, in any other light than as the manifestation of an unfriendly disposition towards the United States.
Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers; to consider the Government de facto as the legitimate Government for us; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy; meeting, in all instances, the just claims of every power, submitting to injuries from none. But in regard to these continents, circumstances are eminently and conspicuously different. It is impossible that the allied powers should extend their political system to any portion of either continent without endangering our peace and happiness; nor can anyone believe that our southern brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition, in any form, with indifference. — (Message of President Monroe, Dec. 2, 1823.)
36. Memorandum of Mr. Hay, United States Secretary
Concerning the Monroe Doctrine The President in his message of the 3rd of December, 1901, used the following language: "The Monroe doctrine is a declaration that there must be no territorial aggrandizement by any non-American power at the expense of any American power on American soil. 'It is in no wise intended as hostile to any nation in the Old World." The President further said: “This doctrine has nothing to do with the commercial relations of any American power, save that it in truth allows each of them to form such as it desires. . . . We do not guarantee any State against punishment if it misconducts itself, provided that punishment does not take the form of the acquisition of territory by any non-American power.'
His Excellency the German Ambassador, on his recent return from Berlin, conveyed personally to the President the assurance of the German Emperor that His Majesty's Government had