After considering the methods used in making treaties Divisions of and caring for diplomatic relations, we shall consider the the subject. question of our commerce with other countries, concluding with a discussion of the means used to prevent war. of treaties. Constitu tion, Art. II, $2, cl. 2. time of peace. 228. The Negotiation of Treaties. -The foreign policy of The making the United States depends to a very great extent upon the wishes of the President, although he does all of his business with other nations through the Department of State, and is compelled to obtain the consent of two thirds of the senators before any treaty will take effect. The actual negotiation of a treaty between the United Process in States and a foreign power is conducted by the Secretary of State ($335), or by our ambassador at the capital of the nation interested. When the details are arranged in this country, the foreign minister, after receiving general instructions from his home government, confers with the Secretary of 247-251. State. The Secretary, in turn, communicates with the President on all important topics. When the negotiations are Crandall, conducted abroad, our ambassador is informed by the Secre- Treaties, tary of State concerning our demands. In either case, the treaty will be signed by the principals who have been actively engaged upon it, and will then be sent to the Senate for ratification. Foster, Practice of 54-65. The provisions of treaties of peace at the close of inter- Peace national hostilities are usually arranged at the capital of treaties. some neutral nation, both contestants being represented by special envoys plenipotentiary, but protocols may be concluded, as at the end of the Spanish-American War in 1898, through the ambassador of some neutral power. Power of Senate in treaty making. 229. Ratification of Treaties. In order that a treaty may not be rejected by the Senate, the executive department is accustomed to consult the leaders of the Senate Committee on Foreign Relations. This is done partly for the reason that these leaders know the feelings of their colleagues Foster, regarding foreign affairs, and partly because they have served the Senate so long on this committee that their Practice of Diplomacy, 267-279. Lodge, H. C., judgment and opinion becomes of great value. in Scrib- The House Foster, The Senate never hesitates to reject the whole or part of a treaty, or to amend any section. If the change is relatively unimportant, the Department of State can usually obtain the consent of the foreign government to it; otherwise, negotiations are broken off altogether, or are begun again as for an entirely new treaty. Although treaties are made without consulting the House and treaties. of Representatives, they are as much a part of the supreme law of the United States as statutes passed by Congress. A treaty supersedes a previously existing statute with Practice of which it is in conflict, although it may in turn be abrogated by a later law. If a treaty deals at all with questions of finance, the injustice of not consulting the House is evident, and the more popular chamber may refuse to grant appropriations to carry such a treaty into effect. Diplomacy, 309-311. Acquisition 230. Other Foreign Affairs. Many Presidents, through of territory. the exercise of the right to make treaties, have won fame for themselves, and given opportunity for national development, by acquiring new territory. This expansion has added greatly to the power of the national government, not only through the prestige gained for the President by acts of such far-reaching importance, but on account of the increased use of executive and congressional authority made necessary in governing the new territories (§ 268). Sending, receiving, and dismissing ambassadors. The President has the right to send or receive ambassadors, and to dismiss them. The reception of a minister from one of the great powers is an affair of great formality, whereas the reception of a representative from a new nation is a matter of equal importance, inasmuch as the reception of a minister is equivalent to the recognition of the independence of the State which sends him. The President has, tional Law, therefore, the right to recognize the international standing of any former colony, and to decide which of the two governments of a country in insurrection shall be considered the government de facto. He may ask to have a minister with Lawrence, § 147. drawn, if he has become persona non grata to the adminis- Foster, tration for any good and sufficient reason. At the beginning Practice of Diplomacy, of hostilities with a foreign nation, unless the minister 55-73, asks for his papers, his passports will be sent to him, this 175-191. act being virtually a declaration of war. The messages of several Presidents have been the means Ashley, Am. of announcing new foreign policies, which have been reaffirmed by subsequent administrations. President Monroe's Monroe regular message of December, 1823, and President Cleve- Doctrine. land's special message dealing with the Venezuela controversy, have clearly defined the attitude of the United States toward the nations of the Old World in their dealings with those of the New. It is well to bear in mind that the 421-423. Monroe Doctrine, which is recognized and respected almost as a part of international law, is nothing more than the policy of the executive department developed for three generations. §§ 262, ifications, ment. 231. The Diplomatic Service. Our business of a diplo- Diplomats: duties, qualmatic nature which is not transacted in Washington, is intrusted to representatives at the capitals of all important and appointcountries. To ten of these is given the title of ambassador, while the others are usually known as ministers. Their actual duties are more often social than diplomatic, for the Foster, tasks of negotiating treaties and caring for other national Practice of Diplomacy, relations are not arduous under ordinary circumstances. 74-82, These positions can be properly filled only by men with tal- 103–129. ent of a high order, broad-minded, tactful men, thoroughly familiar with the events of recent history, and quick to notice little changes in the feelings of a people. Our custom has always been to appoint party men, whose tenure has been insecure, but who fortunately are aided by fairly permanent assistants and secretaries of legations. We have, nevertheless, been represented abroad by some of the ablest and most scholarly men America has produced. Our foreign representatives have used the direct methods American and have followed the simple customs that distinguish the diplomatic methods. |