signed by the representatives of the high contracting parties at the place agreed upon for the deposit of the several ratifications. At this time these acts of ratification are examined and if found to be in good and due form, their formal exchange takes place. Then, if not before, all amendments, reservations and understandings, made by any power as a condition precedent to its ratification, are formally called to the attention of all the other powers concerned. The first multi-party convention containing reservations to which the United States was a party is that relating to the African slave trade. It recited that the ratifications of all the powers should remain deposited in the archives of the Kingdom of Belgium. As soon as all the ratifications had been furnished, which was to be, at the latest, one year after the signature of the convention, their delivery was to be recorded in a protocol to be signed by the representatives of the high contracting parties that had ratified. A certified copy of this protocol was required to be forwarded to each one of them. Seventeen states, including all the principal powers of Europe, were signatories to this agreement and it is interesting to note that partial adhesion was anticiapted and distinctly provided for: "The signatory powers reserve the right to impose such conditions as they may deem necessary for their adhesion. If no conditions shall be stipulated, adhesion implies acceptance of the obligations and admission to all the advantages stipulated by the present general act.” (Art. XCVIII). France made some important reservations and the protocol embodying them set forth that at a meeting at the Ministry of Foreign Affairs at Brussels, the Minister of France declared that the President of the Republic in his ratification had provisionally reserved five articles specifically enumerated. The effect of this reservation excepted, so far as France was concerned, an extensive maritime zone from the operation of provisions relating to the repression of the slave trade. The protocol further recited an acknowledgement to the French Minister of the deposit of ratifications of the President of the French republic, "as well as of the exception" bearing upon the articles reserved. In agreeing to a partial ratification the Senate, on January 11, 1892, in its resolution gave its advice and consent to the acceptance of the partial ratification on the part of the French Government and attached a reservation reciting: "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 whatever 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." Pursuant to these instructions the protocol of the deposit of the ratification by the United States contained the Senate resolution in full. It further recited that: "this resolution of the Senate of the United States having been preparatively and textually conveyed by the Government of His Majesty, the King of the Belgians, to the knowledge of the signatory Powers of the General Act, the latter have given their assent to this insertion in the present protocol, etc."37 Perhaps because he deemed the matter already sufficiently safeguarded President Harrison did not mention the Senate resolution in his proclamation declaring the adherence of the United States to the convention. The Supplementary Industrial Convention of 1891, signed by thirteen states, was, as its title indicates, amendatory to another convention, namely, that of March 20, 1883, for the Protection of Industrial Property. The amendments thus made were called protocols. The Senate resolution of ratification of March 2, 1892, adopted the reservations made by the American plenipotentiary at the time of signing in Madrid, April 15, 1891, to-wit: "The share allotted to the United States to contribute to the dotation of the International Bureau is not to be augmented until the Congress of the United States shall have approved the augmentation." "That Articles 3 and 4 of the fourth Protocol shall not go beyond what shall be established by the legislation of the United States."38 The exchange of ratifications took place on June 15, 1892, and it appears from the telegram of the United States Chargé at Madrid, dated the same day, that ratifications were not exchanged as to Protocol four, which was referred to the next conference to be held at Brussels. Here again President Harrison, in his proclamation of a week later, June 22d, is silent regarding the reservations, whether because Protocol four was never ratified and because the surviving reservation had been in his opinion sufficiently covered at the time of signing must be a matter of conjecture.39 The First Hague Convention of July 29, 1899, was signed by the plenipotentiaries of the United States under reservation of the follow 37Sen. Doc. 357, supra, p. 1992. 38Sen. Doc. 357, supra, p. 1944. 3927 U. S. Stats., 960. ing declaration: "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 of 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."'40 There is an interesting sidelight on this reservation to be found in Andrew D. White's Autobiography. Under dates of July 24 and 25, he writes: "For some days-in fact, ever since Captain Mahan on the 22d called attention to article 27 of the arbitration convention as likely to be considered an infringement of the Monroe Doctrine-our American delegation has been greatly perplexed. We have been trying to induce the French, who proposed article 27, and who are as much attached to it as is a hen to her one chick, to give it up, or, at least, to allow a limiting or explanatory clause to be placed with it. Various clauses of this sort have been proposed." "All night long I have been tossing about in my bed and thinking of our declaration of the Monroe Doctrine to be brought before the conference today. We all fear that the conference will not receive it, or will insist on our signing without it or not signing at all." "In the afternoon to the 'House in the Wood', where the 'Final Act' was read. This is a statement of what has been done, summed up in the form of three conventions, with sundry declarations, voeux, etc. We had taken pains to see a number of the leading delegates, and all. in their anxiety to save the main features of the arbitration plan, agreed that they would not oppose our declaration. It was therefore placed in the hands of Raffalovitch, the Russian secretary, who stood close beside the president, and as soon as the 'Final Act' had been recited he read this declaration of ours. This was then brought before the conference in plenary session by M. de Staal, and the conference was asked whether any one had any objection, or anything to say regarding it. There was a pause of about a minute, which seemed to me about an hour. Not a word was said,—in fact, there was dead silence, and so our declaration embodying a reservation in favor of the Monroe Doctrine was duly recorded and became part of the proceedings."'41 40Sen. Doc. 357, supra, p. 2032. At this and other plenary sittings of the conference nineteen powers beside the United States made reservations of different sorts,-among them Great Britain, France, Italy, Japan, and Russia. It appears from the procès-verbal of the deposit of the ratifications of the International Sanitary Convention, signed at Paris, December 3, 1903, that the ratification of the President of the United States was deposited with the declaration: "that it is necessary to substitute 'observation' for 'surveillance' in the United States in the cases contemplated by Articles 21, et seq., (relating to ships infected with and suspected of plague, etc.), on account of the peculiar legislation of the different States of the Union." The British ratification was deposited at the same time with two declarations in the nature of reservations. The procès-verbal further recites that "all the ratifications having been presented and found upon examination to be in good and due form, they are confided to the Government of the Republic to be deposited in the Archives of the Department of Foreign Affairs of the French Republic."'42 The United States gave its adherence to the Algeciras Convention of 1906 under the reservation made in the plenary session of the conference on April 7, pursuant to instructions from Secretary of State Root to delegate Henry White. The Secretary of State in his telegram of instructions wrote of this procedure that it followed “the precedent of the Hague peace conference, and should be entirely satisfactory to all."43 The Senate in its resolution advising ratification of Dec. 12, 1906, states in its own language the substance of the declaration made at the time of signature, to-wit: "That the Senate, as a part of this act of ratification, understands that the participation of the United States in the Algeciras conference and in the formation and adoption of the general act and protocol which resulted therefrom, was with the sole purpose of preserving and increasing its commerce in Morocco, the protection as to life, liberty, and property of its citizens residing on traveling therein, and of aiding by its friendly offices and efforts, in removing friction and controversy which seemed to menace the peace between powers signatory with the United States to the treaty of 1880, all of which are on terms of amity with this Government; and without purpose to depart from the traditional American foreign policy which forbids participation by the United States in the settlement of political questions which are entirely European in their scope." "144 Sen. Doc. 357, supra, pp. 2129-2130. Foreign Relations of the U. S., 1906, part 2, p. 1492. "Sen. Doc. 357, supra, p. 2183. President Roosevelt in his proclamation of January 22, 1907, set forth both the declaration of the plenipotentiaries and the reservations of the Senate.45 The Second Hague Convention of October 18, 1907, was signed by the delegates of the United States subject to a declaration similar to that made at the time of the signing of the First Hague Convention. The Senate in its resolution of ratification of April 2, 1908, incorporated this declaration and resolved further as a part of the act of ratification that the convention was approved "with the understanding that recourse to the permanent court for the settlement of differences can be had only by agreement thereto through general or special treaties of arbitration heretofore or hereafter concluded between the parties in dispute."46 The Senate, further, on behalf of the United States, exercised the option contained in the convention relating to the way and manner in which the "Compromis" should be settled. President Taft did not proclaim this convention until February 28, 1910 and in doing so declared that it was subject to the understandings and declarations of the plenipotentiaries and the Senate, which he recited in full.47 Two supplemental Second Hague Conventions signed at the same time, one respecting the limitation of the Employment of Force for the Recovery of Contract Debts and the other concerning the Rights and Duties of Neutral Powers in Naval War, were assented to by the Senate on the same day, April 17, 1908. The Senate resolution advising ratification of the convention in relation to the recovery of contract debts contained a reservation or understanding with regard to the recourse to the permanent court similar to the reservation contained in the resolution relating to the main convention.48 Article III of the convention regarding the rights and duties of neutral powers in naval war provided: "When a ship has been captured in the territorial waters of a netural Power, this Power must employ, if the prize is still within its jurisdiction, the means at its disposal to release the prize with its officers and crew, and to intern the prize crew." "If the prize is not in the jurisdiction of the neutral Power, the captor Government, on the demand of that Power, must liberate the prize with its officers and crew." Article 23 provided: "A neutral Power may allow prizes to enter its ports and roadsteads, whether under convoy or not, when they are "34 U. S. Stats., part 2, p. 2946. 46Sen. Doc. 357, supra, p. 2247. 4736 U. S. Stats., part 2, p. 2246. 48Sen. Doc. 357, supra, p. 2259. |