The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-03-20
Our Treaty Obligations
To Germany

secure from the American ambassador at Berlin,
before he left, reclamation and even an enlarge
ment of the terms OF the treaty OF 1923. 1
The facts incidental to the matter have been con
densed by the Literary Digest as follows:
I'm 1923, reafirming and revising two older
treaties, Prussia and the United States entered
into treaty, one Of the articles of which reads
ARTICLE XXIII--If war should arise between the
contracting parties the merchants of either eoun
try then residing in the other shall be allowed nine
months collect their debts and settle their affairs
and may depart freely, carrying off all their effects
without molestation hindrance
Further provisions of this portion of the treaty
relate to the treatment Of women and children,
scholars fishermen, and artizans carrying their
peaceful occupations in unfortifed places, and also
to the humane treatment Of prisoners of war taken
by either side. The above provisions are clinched
by this general declaration:
Neither the pretense that dssolves all treaties,
any other whatever, shall be considered as annu
ling suspending this the next preceding article;
but, the contrary, that the of is precise
" that for which they are provided and during which
they are to be as sacredy observed as the most
acknowledged articles in the law of nature and of
nations. .f,
Germany has asked under this treaty, that her
citizens be permitted to continue their residence.
in America indefinitely, and that the exemption of
property from seizure be specifically extended to
German ships in American ports.
Heretofore it has been almost the universal GUS
tom to seize ships of the enemy upon the outbreak
OF war.
Germany has already specifically violated other
articles OF the treaty; by reason of which it is
strenuousy argued by some of the leading Ameri-
can papers that the United States is released from
its obligations Hereunder; the ground that the
treaty must be construed as whole and that Ger
many cannot pick out the portions which are ia
vorable to it, and demand their observance while
violating those portions which are for the time be-
ing, more favorable to the United States. 5tI
Under the circumstance, what is the duty of the
United States toward Germany? VI
From The Advertisers viewpoint, there is only
one answer to this question. !,
A treaty is "a contract between two nations, un-
der which each binds itself to the other to do, or
not to do, certain things @.s.s".1a" -: -,
The contract in question is mutual 49,.
Each country has the legal and moral right war
or no war, to demand that the other shall observe
the contract SO long as it itself observes it. -.
But neither country has either legal or moral
right itself to violate the contract and at the same
time hold the other party to its observance
In other words, even though the two countries
should 60 to war; SO long as Germany continued
to observe all the terms of the treaty, just long
would it be bad faith on the part of the United
States not to observe it also. .@,..
If, however one country violates any part Of
the contract, II thereby gives the OlIcI OptlOH
to terminate the whole contract.
Germany having violated certain terms Of the
treaty the United States now has the full legal
right to terminate it entirely; and according to the
heretofore recognized moral standards it has the
full moral right to do So ~.
But should the United States ignore the treaty,
and proceed as though it did not exist?
So far as any duty" to the government OF Ger
many is concerned, obligation rests upon the
United States to act otherwise than as she may
deem in her own interest.
So far as the duty of the United States to itself;
its people and to the progress of right and justice
in the world are concerned, it cannot afford to
ignore the terms of the treaty, even though Ger
many has done SO. .. -.
A theory of general international law has been
that war between two nations Immediately ter
inmates all treaties existing between them.
But the treaty in question was intended for the
express purpose of ending the old harshness OF
war 1t was an attempt to differentiate between
nation and its citizens; between public and ma
tional interests and those of personal and private
character .."4. ..'
We, OF America, have been and are seeking some
better method of settling differences than by kill,
ing each other and destroying one another's pro
perty Here and now is one of the best opportu.
mites which can possibly present itself to prove
that this desire is real, and not merely theOret
cal one 49,. t'' .a.. -.. -....
Germany has adopted such course of conduct
that we cannot submit thereto, even at the cost
of war; but because we are technically released
from our treaty obligations and are technically
free to adopt any course we choose, does not JUST
fy us in adopting career Of "frightfuness, or il
lowering the standards which we stood for in time
OF peace. . zee: |.1
So long as German citizens resident among Us
do not ATTEMPT TO antaeonize the American govern