Minister Beaupré to
the Secretary of State.
[Extract.]
American Legation,
The
Hague, May 3,
1910.
No. 353.]
Sir: Yesterday morning the representatives of
the Governments of Germany, Great Britain, and France called upon me at
the legation and acquainted me with the fact that they had each received
instructions from their respective Governments to approve the proposal
of the United States that the Government of the Netherlands be
requested, as the intermediary of the Hague signatories, to transmit [Page 623] to the powers signatory to the
prize court convention a circular note embodying the additional
protocol. The French minister, however, added that he had very definite
instructions from his Government to divide his communication to the
Netherlands Government into four heads, as follows: (1) To express the
approval of the Government of France of the additional protocol; (2) to
express the approval of the Government of France of the request that the
Netherlands Government act as intermediary in presenting the additional
protocol to the powers signatory of the prize court convention; (3) to
declare that it is not the intention of the Government of France to
avail itself of the provisions of the additional protocol; and (4) to
declare the intention of the Government of France to refer both the
convention of London and the matter of the additional protocol to the
Third International Peace Conference. The German minister stated that
his instructions were to convey to the minister for foreign affairs of
the Netherlands the approval of his Government verbally (mündlich). The
British minister also stated that he could not communicate the approval
of his Government otherwise than verbally, save upon receipt of special
instructions to that effect. It was, therefore, decided that the three
ministers would wait upon the minister for foreign affairs at 3 o’clock
yesterday afternoon and express verbally their approval of the protocol
and the suggested procedure.
This was done. The minister for foreign affairs thereupon replied to my
note of the 23d ultimo, a copy of which was forwarded to the department
in my No. 350, in the note of which I inclose copy and translation. I
thereupon immediately presented him with the note of which I append a
copy, making the formal request that the Government of the Netherlands,
as intermediary of the Hague signatories, communicate the additional
protocol in a circular note addressed to the powers signatory to the
prize court convention. On consideration of this note, the minister for
foreign affairs has verbally asked to be informed whether it is the
opinion of the Government of the United States that the remarks of the
French Government as to its intentions not to avail itself of the
provisions of the additional protocol and to refer both the convention
of London and the additional protocol later to the third peace
conference may be embodied in the circular note to be addressed to the
powers signatory of the prize court convention. To this I stated that I
would not venture to reply without instructions from my Government,
which instructions I should immediately request by cable. I have just
done this.
I am, etc.,
[Inclosure
1.—Translation.]
The Minister for Foreign
Affairs to Minister Beaupré.
Ministry for Foreign Affairs,
The Hague, May, 2, 1910.
Sir: In your letter of the 23d April last,
No. 291, your excellency kindly sent me the project of a protocol,
additional to the convention for the establishment of an
international court of prize, designed to obviate the constitutional
difficulties which prevent the ratification of the above-mentioned
convention by the Government of the United States of America.
[Page 624]
At the same time your excellency advised me of your intention to
present a formal request to the end that the Government of the Queen
be willing to communicate the text of this protocol to the powers
signatory of the convention so soon as I should have informed your
excellency that the Governments of Germany, Great Britain, and
France have expressed their approbation of said text.
The representatives of the said powers having advised me that their
respective Governments support the protocol in question, I hasten so
to inform you.
I add that the Government of the French Republic has felt it
necessary to remark, particularly, that it will not profit by the
provisions of the additional protocol and that it proposes that both
the convention of London and the additional protocol be submitted
later to the third peace conference.
Kindly accept, etc.,
R. de Marees van
Swinderen.
[Inclosure 2.]
Minister Beaupré to the Minister for
Foreign Affairs.
American Legation,
The
Hague, May 2,
1910.
Sir: I have the honor to inform your
excellency that difficulties of a constitutional nature have
hitherto prevented the Government of the United States from
proceeding with the ratification of the convention for the
establishment of the international court of prize signed at The
Hague October 18, 1907. As these difficulties are of a purely
internal nature, it is not necessary either to discuss them or to
dwell upon them at length. From the international standpoint, it is
proper to state that they concern merely the procedure before the
international court of prize, and that they do not prevent the
acceptance of said court, provided the procedure before it be
modified in such a way, as far as the United States is concerned, so
as to prevent the examination upon appeal of a judgment of United
States courts, and to limit the international court of prize to an
award of damages in the case of an illegal capture by the naval
forces of the United States. The acceptance of such a modification
would affect neither the rights of the signatory powers, their
subjects or citizens, nor the duty assumed by the United States to
indemnify the signatory powers, their subjects or citizens, in a
proper case.
The Government of the United States, sincerely desirous to
participate in the labors of the court, has, after much thought and
reflection, come to the conclusion that the difficulties in the way
of its ratification of the convention are not insuperable, and that
a formal modification of the convention in matters of procedure
would remove the obstacles in the way of ratification without
affecting matters of substance. The Department of State has
communicated its views to the Governments of Germany, France, and
Great Britain, and I am happy to inform your excellency that these
Governments, joint proposers with the United States of the original
convention at the Second Hague Peace Conference, agree that the
proposed modifications of the convention are entirely consistent
with its spirit and in no ways violative of the substantial rights
and duties created by it.
I have, therefore, the honor to transmit to your excellency an
additional protocol, prepared in consultation with representatives
of the powers above mentioned, and with the express approval of the
said powers, notified to your excellency by their diplomatic agents
accredited to your excellency’s Government, and I am directed by my
Government to request that your excellency’s Government, as the
intermediary of the Hague signatories, and in accordance with the
procedure established in the year 1900, in reference to a proposed
modification of the convention for the adaptation to marine warfare
of the principles of the Geneva Convention of August 22, 1864,
transmit the proposed additional protocol in a circular note to be
addressed to signatories of the prize court convention of October
18, 1907. Your excellency will note that the additional protocol is
to be ratified at one and the same time with the original convention
and that the protocol is to form an integral part thereof. It is
suggested that the diplomatic agents of the signatories of the
original convention, accredited to your excellency’s Government at
The Hague, be duly authorized to sign the additional protocol at The
Hague on or before June 25, 1910, so that the ratifications of both
instruments may be deposited at The Hague on June 30, 1910, and the
declaration to make use of the modified procedure provided by the
additional protocol may be noted in the procès-verbal of the deposit
of ratifications, in accordance with articles 1 and 8 of said
protocol and of artical 52, second paragraph, of the original
convention [Page 625] for the
establishment of an international court of prize signed at The Hague
October 18, 1907.
The Government of the United States believes that there can be no
serious objection to the proposed additional protocol, especially as
it meets with the express approval of the proposers of the original
convention, and expresses the hope that your excellency’s Government
will transmit the said protocol, with the approval of your
excellency’s Government, to the signatories of the original
convention with the least delay consistent with a matter of such
magnitude and international importance.
I avail, etc.,
