arising out of its privilege and obligation to preserve peace and good order along the transit route. Ratification was advised by the Senate with amendments March 8, 1859, but the resolution of ratification also contained reservations in relation to Article I, which were referred to as explanations, to-wit:

"First. It is understood that the obligation of New Granada to maintain peace and good order on the interoceanic route of the Isthmus of Panama, of which Article I of the convention speaks, is the same by which all nations are held to preserve the peace and order with their territories in conformity with general principles of the law of nations and of the public treaties which they may have concluded."

"Second. The claims of corporations, companies, and individuals that have entered into contracts with New Granada are not comprehended within the stipulations of the convention, provided such claims grew out of facts relative to said contracts."

"Third. Wherever the Spanish text arbitro is mentioned it shall be understood as arbitro, arbitrador, amigable compounders, (arbiter, arbitrator, friendly compounder), in conformity with the English text, and also with the following amendments; *

This action of the Senate was "agreeably to the modifications approved by the Granadan Confederacy," and apparently, as the text indicates, the reservations in this instance were suggested, not by the United States, but by Colombia.24

The Consular Convention with the German Empire was signed December 11, 1871. The respective plenipotentiaries, the historian Bancroft, on behalf of the United States, met at Berlin on the 29th of April, 1872, to effect the exchange of ratifications, at which time Bancroft declared in a protocol: "1. That, in accordance with the instruction given him by his Government, with the advice and consent of the Senate, the expression 'property,' used in the English text of Articles III and IX, is to be construed as meaning and intending 'real estate.'

"2. That, according to the laws and the Constitution of the United States, Article X applies, not only to persons of the male sex, but also to persons of the female sex."

The protocol further recites:

"After the undersigned, President of the office of the Chancellor of the Empire, had expressed his concurrence with this declaration, the acts of ratification, found to be in good and due form, were exchanged, and the present Protocol was in duplicate executed."

24Sen. Doc. 231, supra, part 8, p. 125. 25 Sen. Doc. 357, supra, Vol. I, p. 556.

1925

It thus affirmatively appears that concurrence with this declaration was expressly obtained before the treaty was proclaimed.

The Treaty of Peace, Amity, Commerce and Navigation with Corea of May 22, 1882, marked the opening of international relations with the Hermit Kingdom. Article VI provided that American citizens were not permitted, either to transport foreign imports to the interior for sale, or to proceed thither to purchase native produce, nor were they permitted to transport native produce from one open port to another open port. When the Senate advised ratification on January 9, 1883, it recited in its resolution:

"That it is the understanding of the Senate in agreeing to the foregoing resolution that the clause 'Nor are they permitted to transport native produce from one open port to another open port,' in Article VI of the said treaty, is not intended to prohibit and does not prohibit American ships from going from one open port to another open port in Corea or Chosen to receive Corean cargo for exportation or to discharge foreign cargo; and"

"That the President be requested to communicate the foregoing interpretation of said clause to the Corean or Chosen Government, on the exchange of ratifications of said treaty, as the sense in which the United States understands the same. * *

26

It appears from the dispatch of Mr. Foot, the American Minister, as published in Foreign Relations of the United States for 1883, that when the ratifications were exchanged at Seoul on May 19 the Senate's instructions were followed. Mr. Foot reports an interview with the Minister of Foreign Affairs who "informed me that he had been appointed commissioner plenipotentiary to exchange the ratifications. After an exhibition of our respective powers, I called attention to the modification made to Article VI of the treaty by the resolution of the Senate. The commissioner assenting to this, I prepared an addendum, which being duly signed in quadruplicate, the exchange of ratifications was formally made."27 President Arthur in his proclamation set forth this Senate reservation or understanding as a part of the treaty as ratified.28

The Agreement with Russia regulating the position of Corporations and other Commercial Associations, signed at St. Petersburg, June 25, 1904, was assented to by the Senate May 6, 1909, with a reservation or understanding that the regulations under which a corporation should be permitted to transact its business or industry in the country of the other included on the part of the United States the regulations

20Sen. Doc. 231, supra, part 8, p. 227.

27 Foreign Relations of the U. S., 1883, p. 242. 2823 U S. Stats., 725.

established by and under the authority of the several States of the Union.29

The Extradition Convention with Portugal is another instance of a reservation or understanding emanating not from the United States but from the co-signatory. When the treaty came to be signed on the 7th May, the Portuguese Minister filed a note under instructions placing on record on behalf of the Portuguese Government its understanding that the Government of the United States guaranteed that the death penalty would not be enforced against criminals delivered by Portugal to the United States for any of the crimes enumerated in the treaty and that this guarantee or assurance would, in effect, form part of the treaty and would be so mentioned in the ratifications. To this Secretary Root in a note of even date assented and the Senate resolution of ratification of May 22, 1908, as agreed, embodied this understanding.30

The Convention with Great Britain concerning the boundary waters between the United States and Canada was assented to by the Senate on March 3, 1909, in a resolution reciting the understanding that nothing in the treaty should be construed as affecting or changing certain existing territorial or riparian rights therein mentioned. President Taft's proclamation expressly recited that this understanding had been accepted by the government of Great Britain. The exchange of ratifications took place at Washington on May 5, 1910, and was embodied in a "protocol of exchange" signed by Secretary Knox and Ambassador Bryce.31

The special agreement with Great Britain submitting to arbitration the North Atlantic Coast Fisheries, signed Jan. 27, 1909, was the subject of an exchange of a series of notes, at the time of signing and subsequently, between our State Department and Ambassador Bryce, in which various understandings were formally set out. The Senate in its resolution of Feb. 18, 1909, advising ratification, stated: "In giving this advice and consent to the ratification of the said special agreement, and as a part of the act of ratification, the Senate understands that it is agreed by the United States and Great Britain that Question 5 of the series submitted, namely, 'from where must be measured the three marine miles of any of the coasts, bays, creeks, or harbors referred to in the said Article', does not include any question as to the Bay of Fundy, considered as a whole apart from its bays, or creeks, or as to innocent passage through the Gut of Canso, and that the respective views or contentions of the United States and Great

29Sen. Doc. 357, supra, p. 1535.

30Sen. Doc. 357, supra, pp. 1475-6.

"Supplement 1913 to Sen. Doc. 357, supra, pp. 46–47.

Britain on either subject shall be in no wise prejudiced by anything in the present arbitration, and that this agreement on the part of the United States will be mentioned in the ratification of the special agreement and will, in effect, form part of this special agreement."

The Treaty of Commerce and Navigation with Japan was signed at Washington on February 21, 1911. To it was appended a declaration signed by Ambassador Uchida, in which he formally recites that being duly authorized by his Government he declares that "the Imperial Japanese Government are fully prepared to maintain with equal effectiveness the limitation and control which they have for the past three years exercised in regulation of the emigration of laborers to the United States." President Taft's proclamation recited that the advice and consent of the Senate to this ratification on February 24, 1911, was given with the understanding "that the treaty shall not be deemed to repeal or affect any of the provisions of the Act of Congress entitled 'An Act to Regulate the Immigration of aliens into the United States,' approved February 20, 1907," and that this understanding "has been accepted by the Government of Japan."33

Costa Rica, Salvador, and Honduras protested against the ratification of the Convention between the United States and Nicaragua, ceding rights for the construction of a Ship Canal. The Senate's resolution advising ratification of February 18, 1916, was given with the understanding "to be expressed as a part of the instrument of ratification" that nothing in the convention was intended to affect any existing rights of protesting states. President Wilson incorporated this understanding in his proclamation of June 24, 1916.34

The convention with Denmark providing for the cession of the Danish West Indies was signed on August 4, 1916. The Senate resolution advising ratification of September 7, 1916, was given with the understanding to be expressed as a part of the instrument of ratification that no trust was imposed upon the United States with respect to any funds belonging to the Danish National Church in the Islands, or with respect to the management of church property. It was further provided in the resolution "That the Senate advises and consents to the ratification of the said convention on condition that the attitude of the United States in this particular, as set forth in the above proviso, be made the subject of an exchange of notes between the Governments of the two High Contracting Parties, so as to make it plain that this condition is understood and accepted by the two Governments, the purpose hereof being to bring the said convention

32Sen. Doc. 357, supra, p. 844.

33Supplement, 1913, to Sen. Doc. 357, supra, p. 82. 3439 U. S. Stats., part 2, p. 1664.

clearly within the constitutional powers of the United States with respect to church establishment and freedom of religion."

President Wilson, in his proclamation declaring the treaty to be in full force and effect, subject to the "understanding of the Senate of the United States," recites this reservation at length and states that the condition imposed had been fulfilled by an exchange of notes between the two high contracting parties on January 3, 1917. notes mentioned in the President's proclamation are signed respectively by Secretary Lansing and the Danish Minister. This treaty, it is interesting to note, contains a declaration made at the time of signature by Secretary Lansing to the effect "that the Government of the United States will not object to the Danish Government extending their economic and political interests to the whole of Greenland."'35

The Convention between the United States and Great Britain signed at Washington June 3, 1918, a few months before the termination of hostilities, provided for military service of American citizens in Great Britain and of British subjects in the United States. The scope of Article I of this Convention was made the subject of an interpretation effected by an exchange of notes at the time of signing between Lord Reading and Secretary Lansing.36

Multi-party Agreements

The agreements falling under this group to which the United States has been a party and which have been proclaimed are ten in number, to-wit:

1. The African Slave Trade Convention of July 2, 1890.

2. Supplementary Industrial Convention of April 15, 1891.

3. First Hague Convention of July 29, 1899.

4. International Sanitary Convention of December 3, 1903.

5. International Conference at Algeciras of April 7, 1906.

6. Second Hague Convention of October 18, 1907.

7. Convention respecting the limitation of the employment of force for the recovery of contract debts of October 18, 1907.

8. Convention concerning the rights and duties of neutral powers in naval war of October 18, 1907.

9. International Convention for the unification of certain rules with respect to assistance and salvage at sea of September 23, 1910.

10. Radiotelegraphic Convention of July 5, 1912.

The ratification of two-party agreements presents no serious mechanical difficulties. The device usually adopted to simplify the ratification of multi-party agreements is by means of a procès-verbal,

3539 U. S. Stats., part 2, pp. 1715-1717.

36U. S. Stats. ,2nd Sess., 65th Cong., part 2, p. 29.