From Isolation to Leadership, Revised / A Review of American Foreign Policy

by John Holladay Latané

"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 whatsoever 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."

The United States has always stood for legality in international relations and has always endeavored to promote the arbitration of international disputes. Along these lines we have achieved notable success. It is, of course, sometimes difficult to separate questions of international law from questions of international politics. We have been so scrupulous in our efforts to keep out of political entanglements that we have sometimes failed to uphold principles of law in the validity of which we were as much concerned as any other nation. We have always recognized international law as a part of the law of the land, and we have always acknowledged the moral responsibilities that rested on us as a member of the society of nations. In fact, the Constitution of the United States expressly recognizes the binding force of the law of nations and of treaties. As international law is the only law that governs the relations between states, we are, of course, directly concerned in the enforcement of existing law and in the development of new law. When the Declaration of Paris was drawn up by the European powers at the close of the Crimean War in 1856, the United States was invited to give its adherence. The four rules embodied in the declaration, which have since formed the basis of maritime law, are as follows: First, privateering is, and remains, abolished. Second, the neutral flag covers enemy's goods, with the exception of contraband of war. Third, neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag. Fourth, blockades, in order to be binding, must be effective. The United States Government was in thorough accord with the second, third, and fourth rules but was unwilling, as matters then stood, to commit itself to the first rule. It had never been our policy to maintain a large standing navy. In the War of 1812, as in the Revolution, we depended upon privateers to attack the commerce of the enemy. In reply to the invitation to give our adherence to the declaration, Secretary Marcy made a counter proposition, namely, that the powers of Europe should agree to exempt all private property, except of course contraband of war, from capture on the high seas in time of war. He said that if they would agree to this, the United States would agree to abolish privateering. The powers of Europe refused to accept this amendment. We refrained from signing the Declaration of Paris, therefore, not because it went too far, but because it did not go far enough.

During the Civil War the United States Government used its diplomatic efforts to prevent the recognition of the independence of the Confederacy and the formation of hostile alliances. It made no effort to form any alliance itself and insisted that the struggle be regarded as an American question. The dispute with England over the Alabama Claims came near precipitating war, but the matter was finally adjusted by the Treaty of Washington. The most significant feature of this treaty, as far as the present discussion is concerned, was the formal adoption of three rules which were not only to govern the decision of the "Alabama Claims," but which were to be binding upon England and the United States for the future. It was further agreed that these rules should be brought to the knowledge of other maritime powers who should be invited to accede to them. The rules forbade the fitting out, arming, or equipping within neutral jurisdiction of vessels intended to cruise or carry on war against a power with which the neutral is at peace; they forbade the use of neutral ports or waters as a base of naval operations; and they imposed upon neutrals the exercise of due diligence to prevent these things from being done. While these rules have never been formally adopted by the remaining powers, they are generally recognized as embodying obligations which are now incumbent upon all neutrals.

When the United States decided to accept the invitation of the Czar of Russia to attend the first peace conference at The Hague in 1899, grave misgivings were expressed by many of the more conservative men in public life. The participation of the United States with the powers of Europe in this conference was taken by many Americans to mark the end of the old order and the beginning of a new era in American diplomacy. The conference, however, was concerned with questions of general international interest, and had no bearing upon the internal affairs of any state, European or American. Lest there should be any misapprehension as to the historic policy of the United States, the final treaty was signed by the American delegation under the express reservation of a declaration previously read in open session. This declaration was as follows:

"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 or 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." The establishment of the Permanent Court of Arbitration at The Hague which resulted from the first conference was a notable achievement, although the Court has accomplished less than its advocates hoped. This was the most important occasion on which American delegates had sat together with European diplomats in a general conference. Our delegation was the object of considerable interest and was not without influence in shaping the provisions of the final treaty. It was through the personal influence of Andrew D. White that the Emperor of Germany was persuaded to permit his delegation to take part in the proceedings establishing the Court of Arbitration.

The second Hague Conference revised the Convention for the Pacific Settlement of International Disputes, drew up a plan for an International Prize Court, and attempted a codification of the rules of international law on a number of subjects relating to the conduct of war and the rights of neutrals. The American delegates, headed by Mr. Choate, not only took a prominent part in these proceedings, but, acting under instructions from Secretary Root, they proposed to the Conference the creation of a permanent international court of justice. The creation of an international court of justice whose decisions would have the force of law, as distinguished from an international court of arbitration whose decisions are usually arrived at by a compromise of conflicting legal or political points of view, had long been advocated by advanced thinkers, but the proposition had always been held by practical statesmen to be purely academic. The serious advocacy of the proposition at this time by a great nation like the United States and the able arguments advanced by Mr. Choate marked an important step forward and made a profound impression. There were two difficulties in the way of establishing such a court at the second Hague Conference. In the first place, the delegation of the United States was the only one which had instructions on this subject, and in the second place it was found to be impossible to agree upon a method of selecting the judges. The great world powers, with the exception of the United States, demanded permanent representation on the court. The smaller nations, relying on the doctrine of the equality of states, demanded likewise to be represented. If each nation could have been given the right to appoint a judge, the court could have been organized, but there would have been forty-four judges instead of fifteen, the number suggested in the American plan. The Draft Convention for the Establishment of the Court of Arbitral Justice, as it was agreed the new court should be designated, was submitted to the Conference and its adoption recommended to the signatory powers. This Draft contained thirty-five articles and covered everything except the method of appointing judges. This question was to be settled by diplomatic negotiation, and it was agreed that the court should be established as soon as a satisfactory agreement with regard to the choice of judges could be reached. After the adjournment of the Conference the United States continued its advocacy of the international court of justice through the ordinary diplomatic channels. The proposal was made that the method of selecting judges for the Prize Court be adopted for the court of justice, that is, that each power should appoint a judge, that the judges of the larger powers should always sit on the court while the judges of the other powers should sit by a system of rotation for limited periods. It was found, however, that many of the smaller states were unwilling to accept this suggestion, and as difficulties which we will mention presently prevented the establishment of the Prize Court, the whole question of the court of justice was postponed.

Most of the conventions adopted by the second Hague Conference were ratified by the United States without reservation. The fact, however, that certain of these conventions were not ratified by all the powers represented at the Conference, and that others were ratified with important reservations, left the status of most of the conventions in doubt, so that at the beginning of the World War there was great confusion as to what rules were binding and what were not binding. The Conference found it impossible to arrive at an agreement on many of the most vital questions of maritime law. Under these circumstances the powers were not willing to have the proposed International Prize Court established without the previous codification of the body of law which was to govern its decisions.

In order to supply this need the London Naval Conference was convened in December, 1908, and issued a few months later the Declaration of London. The London Naval Conference was attended by representatives of the principal maritime powers including the United States, and the Declaration which it issued was avowedly a codification of the existing rules of international law. This was not true, however, of all the provisions of the Declaration. On several of the most vital questions of maritime law, such as blockade, the doctrine of continuous voyage, the destruction of neutral prizes, and the inclusion of food stuffs in the list of conditional contraband, the Declaration was a compromise and therefore unsatisfactory. It encountered from the start the most violent opposition in England. In Parliament the Naval Prize Bill, which was to give the Declaration effect, was discussed at considerable length. It passed the House of Commons by a small vote, but was defeated in the House of Lords. It was denounced by the press, and a petition to the king, drawn up by the Imperial Maritime League protesting against it, was signed by a long list of commercial associations, mayors, members of the House of Lords, general officers, and other public officials. One hundred and thirty-eight naval officers of flag rank addressed to the prime minister a public protest against the Declaration. In the debate in the House of Lords the main objections to the Declaration were (1) that it made food stuffs conditional contraband instead of placing them on the free list, (2) that the clause permitting the seizure of conditional contraband bound for a fortified place or "other place serving as a base for the armed forces of the enemy" would render all English ports liable to be treated as bases by an enemy, and (3) that it permitted the destruction of neutral prizes.

The refusal of England to ratify the Declaration of London sealed its fate. The United States Senate formally ratified it, but this ratification was, of course, conditional on the ratification of other powers. At the beginning of the Great War the United States made a formal proposal to the belligerent powers that they should agree to adopt the Declaration for the period of the war in order that there might be a definite body of law for all parties concerned. This proposal was accepted by Germany and Austria, but England, France, and Russia were not willing to accept the Declaration of London without modifications. The United States, therefore, promptly withdrew its proposal and stated that where its rights as a neutral were concerned it would expect the belligerent powers to observe the recognized rules of international law and existing treaties.

The Hague Conferences were concerned with questions of general international interest, and had no bearing upon the internal affairs of states. Such, however, was not the character of the conference which convened at Algeciras, Spain, in December, 1905, for the purpose of adjusting the very serious dispute that had arisen between France and Germany over the status of Morocco. France had been engaged for some years in the peaceful penetration of Morocco. By the terms of the Entente of 1904 England recognized Morocco as being within the French sphere of influence and France agreed to recognize England's position in Egypt. The German Kaiser had no idea of permitting any part of the world to be divided up without his consent. In March, 1905, while on a cruise in the Mediterranean, he disembarked at Tangier and paid a visit to the Sultan "in his character of independent sovereign." As the Russian armies had just suffered disastrous defeats at the hands of the Japanese, France could not count on aid from her ally and the Kaiser did not believe that the recently formed Entente was strong enough to enable her to count on English support. His object in landing at Tangier was, therefore, to check and humiliate France while she was isolated and to break up the Entente before it should develop into an alliance. Delcassé, the French foreign minister, wanted to stand firm, but Germany demanded his retirement and the prime minister accepted his resignation. In recognition of this triumph, the German chancellor Count von Bülow was given the title of Prince. Not satisfied with this achievement, the Kaiser demanded a general European conference on the Moroccan question, and, in order to avoid war, President Roosevelt persuaded France to submit the whole dispute to the powers interested. The Algeciras conference turned out to be a bitter disappointment to Germany. Not only did France receive the loyal support of England, but she was also backed by the United States and even by Italy—a warning to Germany that the Triple Alliance was in danger. As the conference was called nominally for the purpose of instituting certain administrative reforms in Morocco, President Roosevelt decided, in view of our rights under a commercial treaty of 1880, to take part in the proceedings. The American delegates were Henry White, at that time ambassador to Italy, and Samuel R. Gummeré, minister to Morocco. As the United States professed to have no political interests at stake, its delegates were instrumental in composing many of the difficulties that arose during the conference and their influence was exerted to preserve the European balance of power. The facts in regard to America's part in this conference were carefully concealed from the public. There was nothing in any published American document to indicate that the participation of our representatives was anything more than casual. André Tardieu, the well-known French publicist, who reported the conference and later published his impressions in book form, first indicated that President Roosevelt was a positive factor in the proceedings. But it was not until the publication of Bishop's "Theodore Roosevelt and His Time" that the full extent of Roosevelt's activities in this connection became known.