I feel that by adopting a treaty such as that suggested herein we shall
not only promote the friendly relations between the Peoples of our two
countries, but also advance materially the cause of arbitration and the
pacific settlement of international disputes. If your Government concurs
in my views and is prepared to negotiate a treaty along the lines of
that transmitted herewith, I shall be glad to enter at once upon such
discussions as may be necessary.
[Enclosure]
Draft Treaty of Arbitration
The United States of America and the French Republic determined to
prevent so far as in their power lies any interruption in the
peaceful relations that have happily existed between the two nations
for more than a century, desirous of re-affirming their adherence to
the policy of submitting to impartial decision all justiciable
controversies that
[Page 811]
may
arise between them, and eager by their example not only to
demonstrate their condemnation of war as an instrument of national
policy in their mutual relations, but also to hasten the time when
the perfection of international arrangements for the pacific
settlement of international disputes shall have eliminated forever
the possibility of war among any of the Powers of the world, have
decided to conclude a new treaty of arbitration enlarging the scope
and obligations of the arbitration convention signed at Washington
on February 10, 1908, which expires by limitation on February 27,
1928, and for that purpose they have appointed as their respective
Plenipotentiaries
- The President of the United States of America
- The President of the French Republic
who, having communicated to one another their full
powers found in good and due form, have agreed upon the following
articles:
Article I
Any disputes arising between the Government of the United States of
America and the Government of the French Republic of whatever nature
they may be, shall, when ordinary diplomatic proceedings have failed
and the High Contracting Parties do not have recoutse to
adjudication by a competent tribunal, be submitted for investigation
and report, as prescribed in the treaty signed at Washington,
September 15, 1914,3 to the Permanent International
Commission constituted pursuant thereto.
Article II
All differences relating to international matters in which the High
Contracting Parties are concerned by virtue of a claim of right made
by one against the other under treaty or otherwise, which it has not
been possible to adjust by diplomacy, which have not been adjusted
as a result of reference to the above-mentioned Permanent
International Commission, and which are justiciable in their nature
by reason of being susceptible of decision by the application of the
principles of law or equity, shall be submitted to the Permanent
Court of Arbitration established at The Hague by the Convention of
October 18, 1907,4 or to some other
competent tribunal, as shall be decided in each case by special
agreement, which special agreement shall provide for the
[Page 812]
organization of such
tribunal if necessary, define its powers, state the question or
questions at issue, and settle the terms of reference.
The special agreement in each case shall be made on the part of the
United States of America by the President of the United States of
America by and with the advice and consent of the Senate thereof,
and on the part of France in accordance with the constitutional laws
of France.
Article III
The provisions of this treaty shall not be invoked in respect of any
dispute the subject matter of which
- (a)
- is within the domestic jurisdiction of either of the High
Contracting Parties,
- (b)
- involves the interests of third Parties,
- (c)
- depends upon or involves the maintenance of the
traditional attitude of the United States concerning
American questions, commonly described as the Monroe
Doctrine.
Article IV
The present treaty shall be ratified by the President of the United
States of America by and with the advice and consent of the Senate
thereof and by the French Republic in accordance with its
constitutional laws. The ratifications shall be exchanged at
Washington as soon as possible, and the treaty shall take effect on
the date of the exchange of the ratifications. It shall thereafter
remain in force continuously unless and until terminated by one
year’s written notice given by either High Contracting Party to the
other.
In faith thereof the respective Plenipotentiaries have signed this
treaty in duplicate and hereunto affix their seals.
Done at
Washington the . . . . . . day of .
. . . . . . . in the year of our Lord one thousand nine
hundred and twenty . . . . .
