The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-08-31
First Century OF
american Diplomacy

abstract from a Paper Read Last Night by
John Dassctt Moore Before III, American Bar
Associaton.l
| A CENTURY and a quarter ago the thirteen
n United Colonies we're declared TO possess.
IA as Independent states, "tul power to levy
war, conclude peace, contract alliances,
| establish commerce and do all other acts and
things which independent states may Of right
| do" During the period that has since elapsed
| there have been great mutations in the worlds
| political and moral order To those changes the
| United States, as the exponent OF the cause OF
| free government, free commerce and free seas,
has largely contributed. The foundations Of its
| foreign policy laid in the early days of the
| republic, by the great men who gave to the
| government its original form and purpose Prior
TO 1850, when the federal constitution went into
effect, the United States had entered into FOUR
| teen treaties, covering wide range Of subjects,
such as peace and war political allisnce, pc
| cunSry loans, commercial intercourse, aud the
| rights oi consuls. Among their various stipua.
tions And provisions for liberty Of conscience,
the abolition OF the disabilities OF Piens, the
peaceful adjustment OF international disputes, and
the mitigation Of the evils Of war. Not only
were some OF these provisions in advance of the
| international law Of the time, but the proposals
Of the governments were in respects in
| advance OF its treaties One OF the great ob-
| jects at which IL aimed the abolition OF the
| system Of discriminating duties then in vogue,
and the breaking down Of the narrow and short.
sighted policy under which the European powers
| sought to reserve to themselves exclusive
trade with their several colonies. These objects,
thought slowly accomplished were in the end to
a great extent attained, and particularly the
abolition Of discriminating duties.
Soon after the organization of permanent gov
Crnment under the constitution, there began the
| StruVple concerning nputralitV whose
cluding chapter may be found only in the Treaty
| Of Washington Of 1871 and the arbitration at
| Geneva. This contest which arose In the early
stages of the first general European war, growing
out of the French revolution was found to in
volve both the maintenance Of neutral rights and
the performance Of neutral duties, and neither
had ever been clearly and comprehensively de-
fined. 1t fell to the United States to define them
and to place them on permanent foundation.
| In the correspondence that took place in 1903,
between Mr. jefferson, who then secretary Of
state and Mr. Genet the French minister; in the
instructions issued in August of the same year,
by Alexander Hamilton, secretary Of the treasury,
to the collector of customs; and in the act of
Congress Of June g. IDA, passed the recon-
mcndation of the president, the duties Of neu-
trality were set forth with certainty and pre-
cision never before attempted. This poncy, which
was thus inaugurated and which has been
frmed by subsequent legislation and diplomacy,
is acknowledged to have formed an epoch in the
development Of international law.
The struggle for neutral rights originated in
the same great European conflict the contro.
versy respecting neutral duties. Both Great
Britain and France issued bellgerent orders and
DEGREES under which the commerce Of neutrals
subjected to uncomfortable burdens. For the
losses thus suffered compensation was obtained
from Great Britain, while with France there
arose the state of limited that existed from
| 40 n,,t aftprt tba off fha
Of Amiens, the depredations neutral commerce
were renewed with increased violence. The Brit.
ish orders in council OF 1906 and 1907, and the
DEGREES issued by Napoleon at Berlin and Milan
| III 1906 and 1907, with their bald assertions Of
paper hockades and sweeping denials Of the
rights OF neutrality, were met by the United
States with protests OF embargoes, with non-in-
tercourse, and finally, in the case Of Great Brit
ain which complicated with the question
Of impressment, with war, while from France a
considerable indemnity was afterwards obtained
by treaty. The pretensons against which the
United States protested are no longer justified on
legal grounds. Paper blockades are universally
condemned. The right Of neutrals TO carry a
non-contrahand trade with belligerents is ac-
knowledged. The claim OF impressment is no
longer asserted
With the claim OF impressment was associated
the question Of visitation and search on the high
seas. The United States, while conCeding the
existence Of this>right in time Of war, denied it
in time of peace In 1855 this position was un-
anmously affirmed by resolution of the senate.
"After the passage Of this resolution" said Mr.
Fish, secretary Of state, on certain occasion,
"Great Britain formally recognized the princi'
pie thus announced, and other maritime powers,
and writers on international law. all assert it,"
! While maintaining the freedom OF the seas the
United States has also contended for the free
navigation Of the natural channels by which
~. IL
the OF the Danish Sound Dues Reasoning
by analogy, it has applied the same principle
TO artificial channels. In 1896 Mr.. Clay, as sec.
retary Of state, declared that il canal to unite
the Atlantic and Pacific oceans should ever be
constructed "the benefits Of it ought not TO
I've exclusively appropriated to any one nation,
but should be extended TO all parts OF the
globe upon the payment Of a just compensation
or reasonable tolls" The same principle was
approved by the senate in 1885 and by the
house in 1880 and was incorporated in the
Clayton.Bulwer treaty in 1880 1t is embodied
in the pending Hsy'Paunceote treaty. lt forms
the basis o. the treaty concluded at CONSTANT.
nople in 1858, between the leading maritime
powers Of Europe. in relation to the Suez canal.
The United States mas also contended for the
free navigation Of international rivers, and has
secured the insertion Of this principle in sew
eral of it's treaties.
While the struggle for neutral rights was In
progress, the Spanish colonies in America be-
gan one after another to declare their linden.
pendence. In this movement the United States
. instinctIvely felt a deep concern, and in 1923,
President Monroe. moved by the apprehension
that the powers forming the Holy Alliance
would intervene TO restore the Teyoted colo
MES to Spain, declared, in his annual message,
that any attempt the part OF the allied pow.
ers TO extend their system TO any por'
ton Of this hemisphere would be considered
! dangerous to our peace and safety" and that
any interpoStion by any European powers in the
affairs II the governments whose Independence
We had acknowledged for the purpose OF op'
pressing them or controlling in any manner
their destiny could be viewed IN no other
light than os "the manifestation ~ an nm.
friendly disposition toward tha United states.
In the same message there ws another dcelara'
2 ton, made with reference 10 territorial dis
putes on the northwest coast that "the
American continents by the free and in.
dependent condition which they have as.
, sunod and maintained are henceforth not to be
considered subjects for future colonization by
! any EuropeRn powers" These declarations, In.
} terpretcd and suDDorted by the American people