intention of the Government of the United States to terminate Article 6 of the Treaty of June 24, 1822, and Articles 8 and 9 of the Treaty of February 23, 1853, with France, by operation of the clauses of those treaties which require six and twelve months' notice respectively. On that occasion the Ambassador of the United States explained that although the termination of part of a treaty, as required by the Act of March 4, 1915, could not be effected according to international usage, the President of the United States in the exercise of the power he deems to have been conferred upon him to put upon the law the construction contemplated by Congress, nevertheless directed him to propose an arrangement between the two Governments which would make it possible to attain the end contemplated by the Act through the abrogation or the mere omission of the articles in question. He also proposed the date of July 1, 1916, as that on which the abrogation would become operative, that is to say, a twelvemonth's previous notice, so as to put the law into effect in France at the same time as in the other countries concerned. In reply to that communication I have. the honor to inform your excellency that the Government of the French Republic gladly agrees to acquiesce in a partial abrogation of our conventions with the Government of the United States which would bear only on those articles whose enforcement is inconsistent with the Act of March 4, 1915; the French Government is likewise disposed, with respect to the form of such abrogation, to exchange notes as proposed by the Government of the United States, which is the most convenient modus operandi. In order, however, to forestall any future erroneous interpretation, the French Government would like to be given previous knowledge of the draft of the note which would be addressed to it on the subject. Accept [etc.] JUSSERAND I th On File No. 711.5121/1 No. 1666 The Secretary of State to the French Ambassador DEPARTMENT OF STATE, EXCELLENCY: I have the honor to acknowledge the receipt of your note of February 14, 1916, wherein [etc.] In reply I have the honor to say that your note is receiving the Department's attentive consideration. Accept [etc.] File No. 711.5121/1 [Extract] ROBERT LANSING No. 1680 DEPARTMENT OF STATE, EXCELLENCY: Referring to your excellency's note of February 14, 1916, in regard to the so-called Seamen's Law of March 4, 1915, and to the Department's note of acknowledgment thereof under date of March 7, I have the honor to make further reply regarding the matters referred to in these communications. I am very glad to observe that, as stated in your note, your Government is willing to acquiesce in the abrogation by an exchange of notes of certain treaty stipulations between this Government and France which are in conflict with the Act, namely Article 6 of the Treaty of June 24, 1822, and Articles 8 and 9 of the Treaty of February 23, 1853. With reference to the statement in your note to the effect that, in order to forestall any future erroneous interpretation, the French Government would like to be given previous knowledge of the draft of the note which would be addressed to it on the subject, I may say that it would be satisfactory to this Government if your Government, in acknowledgment of the note addressed by the American Ambassador at Paris to the French Government regarding the termination of the treaty provisions in question, should express its acquiescence in this Government's proposal that these treaty stipulations be terminated. On the other hand, should your Government desire that there be a further exchange of communications in the matter, the Department will, according to your Government's preference as to the course of procedure to be followed, either address an appropriate note to you, or direct the American Ambassador at Paris to address such a communication to the Government of France. Accept [etc.] ** GREECE ROBERT LANSING File No. 711.6821/21 No. 118 Minister Droppers to the Secretary of State AMERICAN LEGATION, SIR: I have the honor to transmit herewith copy and translation of the reply of the Hellenic Government to your request for the abrogation of Articles 12 and 13 of the Consular Convention of November 19, 1902, and a copy of my acknowledgment of the same. The Greek Government consents to the abrogation of all provisions in Articles 12 and 13 which may be contrary to the law of March 4, 1915, except in so far as the Royal Hellenic Navy is concerned. I presume, however, that the ships of the Royal Hellenic Navy were never meant to be included, so that this exception will be a matter of indifference to the Department. I have [etc.] [Inclosure 1-Translation] GARRETT DROPPERS No. 10113 The Minister for Foreign Affairs to Minister Droppers MINISTRY OF FOREIGN AFFAIRS, MR. MINISTER: In answer to the letter which your excellency sent me on April 8 last, I have the honor to inform you that the communication of the United States Government concerning the abrogation of the provisions of the Consular Convention of November 19, 1902, between Greece and the United States of America which are contrary to the law passed by the United States Congress on March 4, 1915, and made known to the Greek Government in Mr. Whitehouse's note of June 30, 1915, has been made the subject of a special study on the part of the services concerned and has up to the present seriously occupied the attention of the Committee on Merchant Marine. The rules relating to the status of seamen which the Act of March 4, 1915, abrogated have, in our maritime legislation, the character of administrative provisions and constitute one of the guaranties of the proper operation of our merchant marine. Nevertheless, in view of the legal situation created in the United States by the Act of March 4, 1915, the Royal Government, wishing to comply with the desire expressed by the Federal Government, agrees to observe in this respect the conventional rules in force between Greece and the United States and to consider, therefore, as being abrogated the special provisions of Articles 12 and 13 of the Convention of 1902 as far as they are in opposition to the new American legislation. It is well understood that all other provisions contained in the said Articles 12 and 13, notably everything that concerns the arrest, detention, and imprisonment of deserters from the Greek Navy in the ports and waters of the United States, will continue to remain in force on the same basis and with the same validity as the other articles of the Convention of 1902. I beg of your excellency kindly to acknowledge the receipt of the foregoing declaration, and I renew [etc.] E. SCOULOUDIS [Inclosure 2] Minister Droppers to the Minister for Foreign Affairs AMERICAN LEGATION, YOUR EXCELLENCY: I have the honor to acknowledge the receipt of your excellency's note No. 10113 of the 7th instant by which your excellency informs me that the Royal Hellenic Government consents to the abrogation of the special provisions of Articles 12 and 13 of the Convention of 1902 between the United States and Greece in so far as they conflict with the new American legislation of March 4, 1915. I have duly informed my Government that the Royal Government considers it as clearly understood that the abrogation of these provisions in no way concerns the question of the arrest, detention and imprisonment of deserters from the Hellenic Navy in American ports and waters. I have [etc.] GARRETT DROPPERS BRAZIL TREATY FOR THE ADVANCEMENT OF GENERAL PEACE, CONCLUDED BETWEEN THE UNITED STATES AND BRAZIL Signed at Washington, July 24, 1914; ratification advised by the Senate, August 13, 1914; ratified by the President, November 22, 1915; ratified by Brazil, June 22, 1916; ratifications exchanged at Washington, October 28, 1916; proclaimed, October 30, 1916. Treaty Series No. 627 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Whereas a Treaty between the United States of America and the United States of Brazil looking to the advancement of the cause of general peace was concluded and signed by their respective Plenipotentiaries at Washington, on the twenty-fourth day of July, one thousand nine hundred and fourteen, the original of which Treaty, being in the English and Portuguese languages is word for word as follows: The Governments of the United States of America and of Brazil being desirous of giving another manifestation of the old friendship that binds the two countries together, and being united in the purpose of promoting the progress of civilization through peace, have resolved to enter into a special treaty for the amicable settlement of any future difficulties which may arise between the two countries, and for that purpose have appointed as their Plenipotentiaries: The President of the United States of America, Mr. William Jennings Bryan, Secretary of State; and The President of the United States of Brazil, Mr. Domicio da Gama, Ambassador Extraordinary and Plenipotentiary; Who, duly authorized, have agreed upon the following articles: ARTICLE I The Two High Contracting Parties agree to submit to a Permanent International Commission, for investigation and report, all disputes that may arise between them concerning questions of an international character which cannot be solved by direct diplomatic negotiation, and which are not embraced by the terms of any treaty of arbitration in force between them; and they agree not to declare war or to begin hostilities pending the investigation and report of said Commission. ARTICLE II The Commission mentioned in the preceding Article shall be composed of five members each appointed for five years, as follows: Each Government shall designate two members, only one of whom shall be of its own nationality. The fifth member shall be chosen by common agreement between the two Governments, it being understood that he shall not belong to any of the nationalities already represented in the Commission. The fifth member shall perform the duties of President. Either Contracting Party may remove at any time, before investigation begins, any commissioner selected by it, appointing his successor on the same occasion. Likewise, each Government shall also have the right to withdraw its approval of the fifth member; in which case the new fifth member will be appointed within thirty days following the notification of the withdrawal, by common agreement between the two Governments, and failing this agreement, the President of the Swiss Confederation shall be requested to make the appointment. The expenses of the Commission shall be paid by the two Governments in equal proportions. The Commission shall be constituted and shall be ready for business within six months after the exchange of ratifications of the present treaty. At the expiration of each period of five years, the Commissioners may be reappointed or others may be substituted for them. Any vacancy shall be filled in the same manner as the original appointment. The Commission shall make its own rules of procedure. ARTICLE III In the case of failure to agree upon the diplomatic solution of a dispute concerning a question of an international character, the Two High Contracting Parties shall submit it to said Commission, for investigation and report. The convocation of the Commission may be made by either Contracting Government. The Commission shall by preference sit in the country in which there are the greater facilities for the study of the question, and the High Contracting Parties shall furnish all the means to that end. The report of the Commission shall be presented within a year counted from the date at which the Commission shall declare that its work is begun, unless a prolongation of the time shall be accorded by both Parties. This report, which is purely advisory and does not bind the Contracting Parties as to the question at issue, shall be prepared in triplicate, each Government being furnished with a copy and the third kept in the files of the Commission. ARTICLE IV After presentation of the report to both Government's six months' time will be given to renewed negotiations in order to bring about a solution of the question in view of the findings of said report; and if after this new term both Governments should be unable to reach a friendly arrangement, they will proceed to submit the dispute to arbitration under the terms of the Convention in force between them, if such convention covers the question or questions investigated. |