Minister Beaupré to
the Secretary of State.
American Legation,
The
Hague, May 13,
1910.
No. 366.]
Sir: I have the honor to refer to my cipher
telegram of last evening, as well as to my No. 353, of the 3d instant,
on the matter of the proposed protocol additional to the convention
relative to the establishment of an international court of prize signed
at The Hague October 18, 1907, and to report that on receipt of the
department’s cable of the 7th instant1 I communicated
verbally the department’s attitude in regard to the remarks of the
French Government, in respect of its approval of the additional
protocol, to the minister for foreign affairs of the Netherlands. At the
same time I informed him that I had learned from the French minister
that his Government did not insist upon the inclusion of its remarks in
the circular note which the Netherlands Government had been requested,
by my note of the 2d instant, to forward to the powers signatory of the
prize court convention. This appeared to satisfy the minister on that
point and he informed me that the circular note was in course of
preparation.
Yesterday morning, however, I received the note of which I inclose a copy
and translation, dated the 10th instant, which states, in brief, that
the Government of the Netherlands, while not admitting the analogy of
the precedent of its action in 1900 in the matter of the modification of
the convention for the adaptation of the Geneva convention of 1864 to
war at sea, since this proposal had its origin with the Netherlands
Government, is willing, if the Government of the United States thinks
best, to become the intermediary in this present matter; but that the
Government of the Netherlands believes it scarcely possible to set so
early a date as the 25th of June next for signing the additional
protocol, and, further, that the Netherlands Government will not be in a
position to propose the ratification of the additional protocol before
the 30th of June next, since it will not, itself, have been able to
ratify the additional protocol by that date, and believes that such will
be the case with a number of the other powers concerned. The note
continues, therefore, by suggesting that the United States transmit
their proposal to the signatory powers and that a date be set for the
signature of the additional protocol after September 15 next, the date
for the deposit of the ratifications being set at some subsequent time,
not later than June 30, 1911. The note concludes by expressing the
unqualified approval, on the part of the Netherlands Government, of the
additional protocol.
That morning the minister for foreign affairs called at the legation on a
personal matter, but, discussing incidentally the contents of his note
of the 10th instant, made it clear that the Netherlands Government would
be willing to act as intermediary in the matter of submitting the
additional protocol to the powers signatory of the prize court
convention as well as that his Government was perfectly willing to sign
that instrument now, the difficulties existing being purely of a
practical nature, as regards the time necessary for ratification.
I am, etc.,
[Page 627]
[Inclosure—Translation.]
The Minister for Foreign
Affairs to Minister Beaupré.
Ministry for Foreign Affairs,
The Hague, May
10, 1910.
Mr. Minister: I have had the honor to
receive your excellency’s note of May 2 last, No. 298, in which you
kindly send me the text of a proposed protocol additional to the
convention relating to the establishment of an international prize
court, destined to remove difficulties of a constitutional nature
that oppose the ratification of said convention by the United States
of America.
At the same time your excellency has kindly informed me of your
Government’s desire that the above-mentioned protocol should be
transmitted by Her Majesty’s Government to the powers signatory to
the prize court convention, to be signed by them at The Hague on the
25th of June next, or at an earlier date, so that the deposit of
ratifications may take place before the 30th of June following,
simultaneously with the deposit of the ratifications of the prize
court convention. This method of procedure, in the opinion of the
Government of the United States, would be in conformance with the
procedure followed in 1900 in regard to the adaptation of the
principles of the Geneva convention of 1864 to war at sea.
Although the analogy that might exist between the two cases appears
to be open to question, since the proposal of 1900 originated with
the Queen’s Government itself, and although, indeed, the Royal
Government deems that it is much preferable and in no way
objectionable that such proposals be made by that Government itself
whence they emanate to the powers concerned, Her Majesty’s
Government would not raise any absolute objection to transmitting
the proposals of the Government of the United States in regard to a
modification of the convention relating to the prize court to the
powers signatory to that convention. Nevertheless, Her Majesty’s
Government believes that it is scarcely possible to fix for the
signature of the additional protocol a date so early as the 25th of
June next, owing to the great number and the distance away of the
powers having to pronounce upon it.
Besides, the Netherlands Government would not be able to propose the
ratification of the protocol before the 30th of June, since it can
not, itself, ratify the protocol without the prior consent of
Parliament thereto, and since it is not possible to obtain this
approbation before the above-mentioned date, and since it is to be
expected that such will be the case with several of the other
powers.
Under these circumstances, and if the Government of the United States
insists that its proposal be transmitted by Her Majesty’s
Government, it would be better to propose for the signature of the
additional protocol a date subsequent to the 15th of September next,
and to postpone the deposit of the ratifications of this act, as
well as of the convention relating to the prize court, to a date to
be fixed subsequently, in any case not later than the 30th of June,
1911.
Nevertheless, Her Majesty’s Government considers it preferable that
the proposal in question be transmitted to the other powers by the
Government of the United States, without the intervention of the
Royal Government.
In conclusion I am pleased to add that the additional protocol,
rendering it possible for the United States to ratify the convention
relating to the international prize court, meets with the entire
approbation of the Royal Government.
Accept, etc.,
R. de Marees van
Swinderen.
