Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 8, 1914

File No. 511.4A1/1489.

The American Delegates to the Secretary of State.

No. 103.]

The Hague, June 26, 1914.

Sir: The Third International Opium Conference closed its sessions on June 25th at 11 a.m. We have the honor to submit the following report in regard to it.

It is important to keep clearly in mind the distinction between “Invited Powers,” “Signatory Powers “and “Ratifying Powers.”

At the opening of the Conference the position of the Powers was as follows. Forty-three “Invited Powers” had signed the Convention of 1912, or intimated their intention of signing. Twelve “Signatory Powers” had ratified it. Turkey and Servia had refused to sign. Greece had intimated willingness to sign for herself, but not for her colonies. (She has since signed for all.) The problem before the Conference, as defined by the Protocol of July 9, 1913, was “the examination of the possibility of putting into effect the Convention of 1912” while two of the Invited Powers were still not Signatory Powers. On this question the opinions were divided as follows.

A number of countries were apathetic, their subjects having no connection with the opium traffic either as traders or as consumers. Others, while approving the movement on humanitarian grounds, could not at once ratify the Convention because of constitutional difficulties in carrying out its provisions. Germany, however, was candidly unwilling to surrender her trade in narcotics and instruments for the administration thereof, unless the Convention could be approved by all Invited Powers, especially Turkey, which otherwise might continue to supply the market. Great Britain, while in favor of the Convention and its enforcement, showed unwillingness to put it into force unless all Signatory Powers (Germany especially) should concur. France and Russia apparently sympathized with this view.

The delegations which strongly supported the idea of putting the Convention into force, even if Turkey should continue obstinate, were those of the United States, the Netherlands, Italy, Belgium, Denmark, China, Japan, Siam, Persia, the South and Central American Republics.

It was evident that, as Turkey could not be induced to sign, either the Convention must fail altogether, or the provision which made the execution of the Convention dependent on unanimity of all Invited Powers must be modified, and the execution thereof made dependent on the consent of the Signatory Powers, disregarding the non-signers. If the assent of Germany could have been secured to this plan, the Convention could have been ratified and put into execution without great delay by all Powers except Turkey and Servia, which would thus have been forced eventually to join.

This was the position taken by the American delegation in the resolution offered by their first delegate in the first session of the Conference, as follows:

Resolved, That the Signatory Powers pledge themselves to ratify as soon as possible the Convention of 1912, and to put it into effect from the first of December, 1914.

This was intended to mark the attitude of the United States in favor of the prompt mise en vigueur of the Convention, as indicated in the Department’s instruction of June 5, especially the paragraph: “You may agree to put the International Opium Convention into force on behalf of the Government of the United States.” Although this resolution was referred to the Editing Committee and so disappeared in its original form, the principle of voluntary agreement of Signatory Powers in spite of the abstention of Turkey and Servia, became the link which held the Conference together.

At the fourth session of the Conference the second delegate of the United States, in pursuance of the Department’s instructions, made a clear and full statement of the legislation which our Government has enacted by way of carrying out the Anti-Opium Convention of 1912. A copy of this statement is enclosed. It impressed the Conference, and a sentiment disclosed itself among other delegates to have their countries do likewise. It became therefore a matter of great importance to act while this sentiment prevailed.

In order at least to retain the progress made in this Conference, namely the possibility of executing the Convention at once by such Powers as were prepared to do so, and to leave the door open to future adherents, the delegation of the Netherlands proposed to push this plan to a conclusion.

The delegation of the United States, while seeking to secure unanimity of the Powers, and while prepared to propose (under your telegraphic instructions) an adjournment of the Conference until later in the summer in order to give time to secure such unanimity, became convinced after consultation and consideration that such a proposal would certainly fail. It was also the judgment of your delegation that such adjournment, even if carried, would not tend to secure unanimity, but would rather dishearten Powers now prepared to act. These views were expressed to you in our telegram of June 23.

The policy pursued by the delegation of the United States has been based on the determination in difficult circumstances to have the action of the Third Opium Conference mark a step forward if possible, but in any case to have it secure an open door for the future. This policy, which has been consistently maintained, was outlined in the opening address of the first American delegate, delivered in the course of the second session of the Conference on the 16th of June, in which he said “We want to go forward with you. We want to have the Convention ratified and put into force as soon as possible, with as many signatory and adhering Powers as possible, but in any event put into force with as few or as many in America and Asia and Europe as will agree to make the adventure.”

This wish has been more fully realized than seemed at first possible. The resolutions and avis brought forward by the Conference’s Editing Committee were adopted by a unanimous vote. Copies thereof are enclosed, with translation.

With the adoption of a Protocol of Cloture subsequently signed by all delegates present, and expressly approved by telegrams from those who were not present, the Conference came to a close.

The delegation of the United States, the activity and influence of which had largely helped to, bring about the unanimity in the adoption of the Protocol of Cloture, signed the same with satisfaction, feeling that this was a decided step towards the aim of all the Opium Conferences.

The speech of the first American delegate at the close of the Conference (a copy of which is herewith enclosed) endeavored to state clearly the position of the United States as we have understood it from your instructions, as including:

1. An earnest desire to make the Anti-Opium Convention of 1912 effective soon;

2. A sincere wish that all nations shall join;

3. A willingness to put it into force between a limited number of Powers under proper conditions;

4. A definite intention to do this only in such a form as will not foster nor permit a profitable monopoly in opium for the abstaining Powers.

In our opinion the conclusions reached by the Third Opium Conference open the way to such a result. Diplomatic conversations with Great Britain and the Netherlands, the largest Colonial Powers in the East, and with China, Japan and Siam, will be necessary. The strongest efforts should be made to unite all these Powers in a plan for suppressing the trade in opium as an intoxicant, and limiting the commerce in it as a medicine to those nations which agree to this suppression.

We are convinced that this method is the one most likely to lead to an ultimate unanimity of all the other Powers in the campaign against the opium evil. You will observe that full provision has been made for subsequent ratifications of the Convention as they occur.

Our action as delegates has not in any way committed the United States to this plan, but has merely made sure that the way should remain open if our Government should wish to follow it.

We have [etc.]

• Henry van Dyke.
• Chas. Denby.

[Inclosure No. 1.]

Statement made by American Delegate Denby.

Mr. President and Gentlemen: I beg to call your attention to the legislation for the control of opium and narcotics in the United States.

In 1909 the United States had already on her statute books a law excluding from the United States opium except for medicinal purposes. In accordance with the proposed convention which we now have under discussion, this law has been during this year radically amended. These amendments provide:

1. For absolute prohibition to have smoking-opium in possession or to transport the same; further, for the punishment of any person who having knowledge of opium being held or transported shall fail to advise the authorities thereof.

2. That no opium for smoking shall be admitted into the United States for transportation into another country.

3. That no opium or derivatives thereof shall be exported from the United States to any country which regulates their entry, unless in conformity with the regulations of such country.

4. That penalties for violations of above provisions shall be not more than $5,000 fine or two years imprisonment.

The law is drastic in its terms; possession of opium will be sufficient evidence to convict.

Other domestic laws of the United States are:

An act which became effective January 1, 1910, and which empowered the Postmaster General to close the United States mails to cocaine and other drugs; and further, laws and projects of laws which regulate the production, distribution and manufacture of habit-forming drugs.

As to opium in the Philippine Islands, a law controlling the import and use of opium in the Philippine Islands came into force March 1, 1908.

The effect has been immediate and convincing as to the efficacy of prohibitory legislation; in 1905 the amount imported in kilogrammes was 121,600; in 1906, 68,100; in 1907, 77,000; in 1908, 23,000; in 1909, 52 kilogrammes.

Prior to the above legislation the sum of $300,000 per annum was derived from duties. In 1909 only $274 were derived from this source. The increased value of the drug has been an incentive to smuggling; but, to show how effective has been the control, it is to be pointed out that in 1909 only 1,388 kilogrammes were seized in attempts at illegal importation. If all smuggled opium were not seized and if we assume that twice as much more came in undetected, we have only about 4,000 kilogrammes per annum unlawfully admitted as compared with ten, twenty, or thirty times that amount lawfully admitted in previous years.

It is fairly to be presumed that with a worldwide control of the traffic under the terms of the Convention which is under consideration even this small extent of smuggling could be stopped. The laws of the United States as to the Philippines leave little to be desired in control of the opium and drug traffic; but to make those laws perfectly effective the United States Government does depend on the cooperation of the other powers.

Turning to legislation as to American extraterritorial jurisdiction in China, I am able to inform you that projects of law now before the Congress of the United States ready for enactment and partly enacted, carry out fully the provisions of the Convention as to the control which the United States exercises over American citizens in China. One bill controls American pharmacies in American consular districts in China and regulates the administering of morphine and other drugs.

Long before the first opium conference in Shanghai in 1909, namely in 1880, the United States had by treaty with China debarred the opium trade in China to American citizens. It was made unlawful for an American citizen to buy or sell ship or handle opium in China and in fact for decades the flag of the United States has covered no part of this traffic. The Convention which we now discuss provides for certain legislation as to Foreign Concessions in China. The United States has no concessions there. The Convention further provides for control of Foreign Post Offices in China as to receiving opium and drugs. The United States has but one post office in China, that at Shanghai, and that is effectively covered by the powers given to the Postmaster General of the United States by the law which became effective on January 1, 1910.

It can not be made too clear that in urging the other Signatory Powers to put the Opium Convention into effect, we are urging something which the United States has already done. The provisions of the Convention are to a great extent the law of the United States to-day, and they will certainly be entirely enacted into law, and we hope that all other parties to the Convention will do likewise. Only by your cooperation can world-wide control be established and only by your cooperation can our legislation be entirely effective, even within our own borders.

[Inclosure No. 2.]

Resolution of the Convention Regarding Ratification.

avis.

I. That it is possible to put the International Opium Convention of the 23rd of January, 1912, into effect notwithstanding the fact that some of the Powers invited according to paragraph 1 of Article 23 have not yet signed the Convention.

II. That the Convention shall be put into effect between all the Powers when the Powers which have signed it and those which have expressed their intention to adhere to it shall have ratified it. The date at which the Convention shall be put into effect shall be that fixed by paragraph 1 of Article 24.

III. That if on a date to be determined by the Conference all the Signatory Powers have not yet deposited their ratifications, the Signatory Powers whose ratifications at that date have been deposited shall have the right to put the Convention into effect. The same right shall be left to the Signatory Powers as they successively deposit their ratifications subsequent to that date.

IV. That the date referred to in clause III shall be the 31st of December, 1914.

V. That the possibility of acceding to the Convention remains open to the Powers which have not yet signed it.

decisions.

That a protocol shall be opened at The Hague, whereby the signatory Powers disposed to avail themselves of the right embraced in clause III may declare their intention to put the Convention into effect.

His excellency the Minister for Foreign Affairs of the Netherlands, in compliance with the wish unanimously expressed by the Conference, consents to prepare this protocol, which shall remain open for signatures.

resolution adopted unanimously.

The Conference invites his excellency the Minister for Foreign Affairs of the Netherlands, in the name of the Conference, to urgently and respectfully approach the Signatory Powers which have not yet ratified the Convention nor expressed their intention to do so, with a view to inducing them to declare that they are prepared within a very brief period to deposit their ratifications in order that the Convention may be put into effect as early as possible.

[Inclosure No. 3.]

Statement of Delegate van Dyke before the Conference.

[Translation.]

In seconding the proposal of thanks made by the honorable Delegate of Switzerland, I wish to add a few words on behalf of the United States of America. As the initiator of the Shanghai Opium Commission, our country feels great satisfaction in the progress which has been made in the peaceful war against the opium-abuse. Each stage of the campaign has been marked by new victories won and new ground gained. Within the present year many nations have signed the Convention or intimated their intention of doing so. Encouraged by the good news of ratifications which have come in while we have been in session, this Third Conference has approved, by a large majority, the principle that the Convention may be put into effect by consenting Powers without waiting for unanimous agreement.

In all this advance the firm and sympathetic attitude of the Government of Her Majesty the Queen of the Netherlands has been of immense advantage. His excellency the Minister for Foreign Affairs, our Honorary President, has rendered great service to the cause, not only in our sessions but also by his steady and consistent action through diplomatic channels. The President, the Honorable Mr. Cremer, has presided in the spirit of hope. The Chairman of the Redaction Committee, Mr. van Deventer, has earned the high gratitude of the Conference by his patient labors in search of “formules acceptables.”

It is true that numerous and serious objections to the mise en vigueur of the Convention have been raised by certain of the honored delegates. They suggest reflection. The Government of the United States has already ratified the Convention and gone farther than any other nation in passing anti-opium legislation. But naturally it has no desire to give its legislation a form which would favor or permit the creation by any other power or powers of a monopoly in the opium traffic.

But this point does not in any way condition our devotion to the cause. We have already given clear and practical proof of it. We shall continue our relations of cordial cooperation with those Powers of Europe, Asia, and America, which are already actively and practically committed to the campaign against the opium evil. We shall hope that all the civilized nations of the world will soon come into this movement completely and heartily, and join themselves in a world-wide union for protection, not only of their own citizens but of the whole human race, against the curse of the opium evil.