The official establishment of an ambassador is called an embassy; that of a minister is known as a legation. |The immunities of diplomats.| An embassy or a legation is exempt from local jurisdiction; it cannot be searched by the police, and the officials connected with it are exempt from arrest except for very serious crimes. A country cannot, according to international usages, decline to receive a diplomatic official from any other country, but it can, and sometimes does, object to receiving some particular individual as ambassador or minister on the ground that he is persona non grata. Similarly a country may request that any diplomatic official who has been sent to it shall be recalled by his own government and such requests have occasionally been made.[[288]]
Consuls.
In addition to diplomatic officials the United States sends and receives consuls. The consular service is concerned with commercial rather than diplomatic relations; hence the consuls are stationed, for the most part, at ports of entry. The functions of consuls are closely related to the development of American foreign trade and they have been described in an earlier chapter (p. 373).
Secret and Open Diplomacy.—The traditional policy of the diplomatic service in all countries has been to do its work in secret. To some extent this has been necessary, because of the nature of the negotiations carried on. |Why secrecy is deemed essential.| There are times, of course, when the publication of what is going on in the way of negotiations between different countries would lead to serious misunderstandings and might cause the negotiations to be broken off altogether. It is natural, for example, that each government, when it begins negotiations on any question, should ask a good deal more than it expects to obtain. Only as the discussion proceeds through the channels of diplomacy does each country give way a little and in the end they reach an agreement. Now, if these negotiations had to be carried on before the eyes of the whole world an agreement would be very difficult because no government likes to back down, even slightly, from its original demands.
So secrecy is in some cases necessary. But there has been too much of it in the past. Many important matters have been withheld from public knowledge even after the negotiations have been finished, and pledges have been made by rulers without informing their people. |The experience of Europe.| It was because of secret diplomacy that the various European countries, prior to 1914, became enmeshed in a maze of intrigues and semi-secret alliances which drew them steadily toward the brink of war.[[289]] The United States, happily, has had very little experience with secret diplomacy. Every treaty or agreement must be submitted to the Senate and when so submitted it cannot be kept secret. Nothing can be kept secret after it is laid for discussion before a body of ninety-six men, at least it cannot remain secret very long. |The American tradition of open diplomacy.| The Senate, moreover, has always insisted on making these agreements public, although the discussions may be held behind closed doors. One of the reasons why the government of the United States has acquired a good reputation for frankness and sincerity in its relations with other countries is to be found in this avoidance of secrecy in international agreements. This policy should never be abandoned.
Treaties.—A treaty is a formal agreement made between two or more countries and binding upon each. There are many kinds of treaties, including treaties of peace, treaties of alliance, treaties providing for reciprocity in trade, for the mutual surrender of fugitive criminals, postal treaties, treaties of arbitration, and so on. |How treaties are made.| There are three stages in the making of a treaty, namely, the negotiation, the signature, and the ratification. The negotiations are usually carried on through members of the diplomatic service, but in the case of important treaties it is customary to appoint special envoys for the purpose. When all details have been agreed upon the treaty is engrossed on parchment and signed by the official representatives of the respective countries. But it does not go into effect until it is ratified and, so far as the United States is concerned, this ratification cannot take place until the treaty has been approved by a two-thirds majority of the Senate.[[290]]
Whenever a treaty has been concluded on behalf of the United States, therefore, it is transmitted by the President to the presiding officer of the Senate by whom it is referred to the Committee on Foreign Affairs. This committee, in due course, makes its report to the Senate whereupon a discussion takes place. |The power of the Senate over treaties.| When the discussion is finished the Senate votes to give or withhold its assent. If it acts favorably, the President notifies the other government and the treaty becomes effective; if the Senate rejects the treaty, it fails to go into force. The Senate, strictly speaking, cannot amend any treaty, but it may ask the President, and through him the other government, to accept certain changes. As a rule the Senate has ratified treaties without amendment but it has sometimes insisted on alterations, and on some notable occasions it has rejected treaties altogether.[[291]]
The roots of American diplomacy.
American Foreign Policy.—When Washington finished his second term as President in 1796, he delivered to his countrymen a Farewell Address in which he gave them some sound advice. Among other things he pointed out that the primary interests of America were very remote from those of Europe and advised that the United States should “steer clear of permanent alliances with any portion of the foreign world”. Not long afterwards Jefferson reiterated this principle and urged that the policy of America should aim at “honest friendship with all nations, entangling alliances with none”. This attitude of Washington and Jefferson embodied the best interests of the United States in the early days of the Republic and undoubtedly reflected the sentiment of the people. In keeping with this principle of “political isolation” the United States remained neutral during the European wars which followed the French Revolution and strenuously endeavored to avoid taking sides in the struggle between England and France. The United States government, in 1807, went so far as to shut off all trade with both these warring countries. But in 1812, the continued violation of America’s rights as a neutral exhausted the patience of the people. These rights were violated by France and England alike; the English violations, however, were the ones which stirred up the greatest amount of popular resentment. So the United States engaged in war with England for the maintenance of the principles of neutrality.
The Monroe Doctrine.—Being resolved not to meddle in the political affairs of Europe so long as American rights were not infringed, the United States felt in a position to insist, at the appropriate time, that Europe should refrain from interference in the affairs of the Western Hemisphere. |Origin of the doctrine.| The occasion for announcing this principle of “hands off” came in 1823. During the years preceding this date the Spanish colonies in Central and South America had revolted. They declared their independence of Spain and drove out the Spanish authorities, setting up in each case a republican form of government. Spain naturally desired to retain her sovereignty over these territories and sought assistance of other European countries for that purpose. There appeared to be a possibility that France, Austria, Prussia, and Russia—a combination known as the Holy Alliance—would join with Spain in the subjugation of the revolted South American territories. The government at Washington became alarmed over the possibilities of large military and naval forces being sent across the Atlantic by a coalition of monarchial countries, believing that this would not only be a blow to the republican form of rule but a serious danger to the United States as well. President James Monroe accordingly authorized the issue of a declaration setting forth the interest of the United States in the matter.[[292]]