International law, in short, deals with a great variety of matters which arise in peace, including emigration and travel, trade, naturalization, diplomatic intercourse, the extradition of criminals, treaties, and so forth, as well as with questions which arise during war such as blockades, captures at sea, the rules of land warfare, and the rights of neutrals. It is considered by the United States to be a part of the law of the land, and its rules are enforced within American territory by the federal courts.
The federal government alone controls foreign relations.
The Control of Foreign Relations.—All relations with foreign countries are under the control of the national government. No state of the Union can make any treaty, or declare war, or enter into an alliance, or send ambassadors abroad. No state, moreover, may maintain ships of war in time of peace or armed forces except as provided in the constitution. War can be declared by Congress alone. These provisions are wisely inserted in the national constitution, for if every state were permitted to deal independently with foreign countries, we should get into endless complications and difficulties. But in spite of the fact that no state can make a treaty or have any formal diplomatic negotiations with a foreign country it is nevertheless true that a state can and sometimes does create a situation which requires diplomatic action on the part of the national government. Prolonged negotiations between the American and Japanese governments have had to be carried on, for example, as the result of California’s having restricted the privileges of Japanese citizens in that state (see p. [32]). So, also, although the constitution gives Congress the sole power to declare war, the President through his command of the army and navy can bring about a situation which leaves Congress no choice whatsoever. On one occasion President Roosevelt threatened that if German warships did not leave the coast of Venezuela within forty-eight hours, he would send the American fleet there. Had the German ships remained and a conflict ensued, the action of Congress in declaring war would have become a mere formality.
How Foreign Relations are Conducted.—The conduct of foreign relations rests with the President, whose right-hand man in such matters is the Secretary of State. But the President’s discretion is limited by the fact that all appointments require confirmation by the Senate and all treaties must be approved in that body by a two-thirds vote before they become valid. For this reason, the President usually finds it advisable to keep in touch with the leaders of the Senate while he is handling foreign affairs of importance. He is under no legal obligation to do this, but it is politically expedient. Failure to do it has on occasions led the Senate to reject agreements which the President has concluded after prolonged negotiations.[[284]] |The Department of State.| The Department of State is the President’s immediate agency in the conduct of all diplomatic intercourse, and is so recognized by all foreign governments. It is through this department that all official correspondence with other governments is carried on. The Secretary of State is often called the “premier” of the cabinet, but the function of leadership and the ultimate responsibility for the cabinet’s work rests with the President. In handling the details of foreign relations the State Department is assisted by a body of officials who constitute the diplomatic service.
The Diplomatic Service.—It is the custom of every civilized country to send and receive diplomatic officials. The United States sends a representative to every important foreign capital; in return, every foreign country maintains a diplomatic agent in Washington. In the case of the most important countries these representatives are given the rank and title of ambassador. |Ambassadors and ministers.| There is an American ambassador stationed at Paris; a French ambassador at Washington. In the case of less important countries the diplomatic representatives are usually given the rank and title of minister. There is an American minister at Copenhagen; a Danish minister at Washington. The difference between ambassadors and ministers is in rank, title, and salary; there is no important difference in their functions. When an ambassador or minister is absent, the diplomatic official who is left in charge is called a chargé d’affaires. If some special negotiations are to be carried on, a country may send an envoy, or an “envoy extraordinary”, as he is called.[[285]] Each ambassador or minister is assisted by one or more secretaries and a force of clerks.
Duties of diplomats.
Diplomatic officials, whether ambassadors or ministers, have the duty of serving as channels of official communication between their own government and the government to which they are accredited. They act always in accordance with instructions sent to them from home. If a foreign government has any communication to make to the government of the United States, it addresses itself either to the American diplomatic representative at its own capital, or to its own diplomatic representative at Washington. In either case the diplomatic representative presents the communication, orally or in writing, to the Secretary of State. The heads of nations, whether presidents, kings, or emperors, sometimes communicate with each other by personal letter; but important matters are not usually handled in that way.[[286]]
In addition to forwarding communications the members of the diplomatic service have various other duties. An ambassador or minister is expected to keep his own government well informed concerning all that is going on at the foreign capital where he is stationed. He renders any necessary assistance to American citizens who may become involved in difficulties or danger. He represents his own country on all occasions of ceremony and has many social duties to perform. These duties are prescribed by the usages of the diplomatic service and are the same at all national capitals. Finally, he co-operates with the consuls of his own country and does what he can to make their work more effective.[[287]]
How members of the diplomatic service are chosen.
All American ambassadors, ministers, and other diplomatic officials are appointed by the President with the consent of the Senate. In European countries it is the custom for young and capable men to enter the lower ranks of diplomatic service and work up, step by step, to the higher posts. But although lower posts in the diplomatic service of the United States are filled by competitive examination, the higher positions are usually given to men who have had no previous diplomatic experience. Men whom the President selects as ambassadors or ministers are, as a rule, drawn from civil life, and their appointments are often looked upon as rewards for political service. This does not mean, however, that they fail to make capable ambassadors or ministers, despite the lack of experience; on the contrary, the system has worked astonishingly well on the whole. This is because men of marked ability and distinction in civil life are usually selected by the President for the more important diplomatic posts. Among the list of those who have served as American ambassadors to Great Britain one finds the names of Charles Francis Adams, James Russell Lowell, John Hay, and Joseph H. Choate. Among the notable American diplomats during the earlier years of the World War were James W. Gerard at Berlin, Henry Morgenthau at Constantinople, Brand Whitlock at Brussels, and Paul S. Reinsch at Pekin.