711.5821/48
The Minister in Sweden (Morris) to the Secretary of
State
Stockholm, October 21,
1919.
[Received November
12.]
No. 1824
Sir: Referring to my telegram No. 4154 of
to-day75 and to
the Department’s telegram No. 1706 of October 17th,75 and instruction No. 574 of
March 14, 1919, I have the honor to make the following report:
On June 21, 1915, Mr. Caffery, who was then in charge of this
Legation, addressed to the Foreign Office a note (a copy of which is
herewith enclosed) which was apparently based on the Department’s
unnumbered instruction of May 29, 1915, and to which no reply was
received from the Foreign Office.76 It will be noted that on the second page of
Mr. Caffery’s note to the Foreign Office he states “I have
instructions to bring this subject to Your Excellency’s attention
and to say that pursuant to the provisions of this Act of March 4,
1915, the Government of the United States hereby gives notice of its
intention to abrogate Articles 11 and 12 of the Treaty of June 1,
1910 with Sweden”. An examination of the Legation’s records fails to
show why in this note reference is made to Articles 11 and 12 of the
Treaty of June 1, 1910 instead of to Articles 13 and 14 of the
Treaty of July 4, 1827, but this substitution would appear to
account for the misunderstanding that seems to have arisen as to the
intention of the United States with regard to the abrogation of
treaties, or stipulations thereof, which are in conflict with the
Act of March 4, 1915.
I have [etc.]
[Page 71]
[Enclosure]
The American Chargé (Caffery) to the Swedish Minister for Foreign
Affairs (Wallenberg)
Stockholm, June 21, 1915.
Excellency:—I have the honor to
transmit to you herewith a copy of an instruction from my
Government regarding the amelioration of the conditions of
seamen in merchant vessels of the United States and the effect
of an Act of Congress, approved March 4, 1915, having to do with
the improvement of the conditions of seamen, upon the treaties
and conventions of the United States, in so far ‘as they
provided for the arrest and imprisonment of officers and seamen
deserting or charged with desertion from merchant vessels of the
United States in foreign countries, and for the arrest and
imprisonment of officers and seamen deserting or charged with
desertion from merchant vessels of foreign nations in the United
States and territories and possessions thereof. I have
instructions to bring this subject to Your Excellency’s
attention and to say that pursuant to the provisions of this Act
of March 4, 1915, the Government of the United States hereby
gives notice of its intention to abrogate articles 11 and 12 of
the treaty of June 1, 1910, with Sweden, in accordance with the
stipulations in the treaty requiring 12 months notice for the
termination of a specified period of ten years during which the
treaty is operative from the date of ratification. In this
connection I would express to Your Excellency that while the
denunciation of a portion of the treaty as required by this Act
may not according to international practice be made, the
President, nevertheless, using the discretion which he deems is
granted to him to interpret in the sense contemplated by the
Congress, instructs me to propose an arrangement between the two
Governments which will effect the purpose of the Act by the
abrogation or mere omission of the Articles referred to.
Further, in this connection, I have been instructed to propose,
as the time when such abrogation shall take place, July 1,
1916,—a period of twelve months notice—so as to render the Act
effective in the case of Sweden simultaneously with other
Governments concerned, the original terms of whose treaties have
expired and which are in all cases subject to termination upon
not more than twelve month’s notice. It is believed that the
general observations made in the accompanying instruction from
my Government will convince the Government of Sweden of the wise
and humane purposes towards which the legislation is
directed.
The President, although deeply anxious that an agreement be
reached with foreign Governments upon this subject, is not
concerned as to the particular method by which it may be
consummated, whether by signed protocols of conferences, or by
mutual exchange
[Page 72]
of
note[s], as is a common practice in the conduct of many
diplomatic affairs of this character. The latter course seems
preferable, because more easily effected in view of the
constitutional requirement that formal agreements between the
United States and other countries must be submitted to the
Senate of the United States for its advice and consent. In this
connection, therefore, I will point out to Your Excellency that
such reference to the Senate in the case of a simple exchange of
notes will not be necessary, and that such an exchange of notes
will be regular and effective because of the authority already
granted to the President by Section 16 of the Act to abrogate
the portions of the treaties inconsistent therewith. Hence, it
will be perceived that the intent of Congress may be fully
realized by informal agreements between the Government of the
United States and other powers, and that in this way the various
important treaties now subsisting may remain in full force and
effect, with the exception of the articles relating to
seamen.
In bringing this matter to Your Excellency’s attention I have
been instructed to convey to Your Excellency the earnest hope of
my Government that, in the sympathetic consideration which the
Government of Sweden will undoubtedly bestow upon it, means may
be found to disturb as little as possible the conventional
relations now happily existing between the two countries while
effecting the abrogation merely of those clauses of the treaty
which are inconsistent with the Act of Congress of March 4,
1915.
I take [etc.]
