711.4121/14
The Secretary of State to the Ambassador in Great Britain ( Page )
Sir: The Department has received your undated despatch No. 2005, relative to Article 10 of the Treaty of October 2, 1886, between the United States and Tonga which the Government of the United States desires to abrogate.
It appears to the Department that the British Government has not exactly understood the purpose of this Government as expressed in the communication addressed to them by you regarding the abrogation of this treaty.
It has been previously pointed out to His Majesty’s Government that the application of the fundamental principles of the Act of Congress to alien seamen within the territorial jurisdiction of the United States involves an abrogation of such treaty provisions with foreign governments as are inconsistent therewith, and that the Act makes it mandatory on the President, within ninety days after the passage thereof, to give notice to the several governments, respectively, that “so much as hereinbefore described of all such treaties and conventions between the United States and foreign [Page 134] Governments will terminate on the expiration of such periods after notices have been given as may be required in such treaties and conventions,” the period thus established terminating on July first next.
It will be perceived that it was the intention of Congress that certain provisions of the Act intended to better the condition of seamen should take effect with respect to vessels of foreign nations something over a year after the approval of the Act, a period being accordingly provided within which this Government could take up with these nations the matter of eliminating treaty provisions in conflict with the Act.
The Government of the United States, therefore, pursuant to the provisions of the Act, gave notice of its intention to eliminate Article X of the Treaty of October 2, 1886, between the United States and the Kingdom of Tonga, and confidently expected that a satisfactory arrangement could be made with the proper authorities so that the treaty relations between the two Governments would not be disturbed on July first, when the Act is to become effective as regards all American and all foreign vessels.
Inasmuch as treaties are contracts between governments, they can only be varied in whole or in part by mutual agreement or special consent. It is the hope, however, of the President that such an agreement can easily be reached as will leave unaffected all parts of the treaties with foreign governments not inconsistent with the humanitarian and progressive provisions of the Act.
While recognizing that denunciation of a portion of a treaty may not, according to international practice, be made, the President nevertheless, using the discretion which he deems is granted to him to interpret the Act in the sense contemplated by Congress, desires you to propose for the consideration of the proper authorities an arrangement which will effect the purpose of the Act by the mere ommission of Article X of the Treaty of October 2, 1886, between the United States and the Kingdom of Tonga.
It may be observed in this relation that doubtless the general observations made in the communications previously laid before the Foreign Office by you regarding the purposes of the Act of March 4, 1915, will make clear to the British Government the wise and humane purpose towards which the legislation is directed. That Congress did not contemplate the least infringement of the rights of foreign governments respecting the control of their merchant marine while in the ports of the United States, in a manner inimical to those Governments, is evident from the reports of the various committees to which the bill was referred before passage. It is likewise clearly shown by Section 16 of the Act that the intent of Congress was not to disturb the great and valuable treaties now existing between the [Page 135] Government of the United States and other nations, negotiated from time to time with much care and with much patience, but by appropriate legislation to correct and regulate the long existing and varying methods of procedure in matters affecting seamen. That such methods of procedure and standards of conduct toward seamen generally have not been advanced as they should have been, coincident with the improved treatment of other classes of labor, is believed to be so well established as to need no comment, and the President feels, therefore, that when all the facts and circumstances attendant upon the passage of the Act are fully considered by the other governments whose treaties may be affected in parts, no serious difficulties will be found to delay or to prevent an agreement for the mere abrogation or omission of the respective articles found to be inconsistent with the provisions of the Act.
The President, although deeply anxious that an agreement be reached with foreign governments on 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 of notes, as is a common practice in the conduct of many diplomatic affairs of this character. The latter course seems preferable because more easily effected. It will be necessary to refer to the Senate of the United States for its advice and consent such an agreement by an exchange of notes, and this method of procedure 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 certain articles relating to seamen.
Please communicate with Foreign Office in the sense of the foregoing.
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