FIRST PAN-AMERICAN SCIENTIFIC CONGRESS.1

Conclusions of the Section on International Law, January 4th, 1909. AMERICAN PROBLEMS IN INTERNATIONAL LAW.

1.

The First Pan-American Scientific Congress recognizes that the diversity in the development of the New World as compared with the Old has had the following effect upon international relations, namely: That on this Continent there are problems sui generis or of a distinctively American character and that the States of this hemisphere, by means of agreements more or less general, have regulated matters which are of sole concern to them, or which, if of universal interest, have not yet been susceptible of universal agreement thus incorporating in International Law principles of American origin.

This class of questions constitute what may be termed "American problems or conditions in International Law."

The Scientific Congress recommends to all the States of the American Continent that the faculties of jurisprudence and social sciences give attention to the study of these matters.

2.

The progress of International Law depends, in the main, on the agreement by a group of nations on principles which signify an actual advance in International Law.

It is of positive interest, American as well as world-wide, that the American countries agree on principles which represent an actual advance in their international relations, and which may later on be accepted by Conferences of a world-wide character and especially by the Hague Conference.

3.

The Pan-American Scientific Congress recognizes the importance of mutual help in the administrative action of the governments and institutions of the American Continent.

1 For account of this Congress see the JOURNAL for April, 1909, p. 429. The Congress was divided into sections as follows: (1) pure and applied mathematics; (2) physical sciences: (3) natural, anthropological and ethnological sciences; (4) engineering; (5) medical science and hygiene; (6) juridical science; (7) social sciences; (8) sciences of pedagogy and of philosophy; (9) agronomy and zootechnics.

In order that these relations may be developed, we recommend vigorous cooperation in the work which is being done by the International Union. of American Republics, the office of which is established in Washington, as well as in the work of the Pan-American Commissions recently created in several countries of this continent.

1 TREATIES AND DOCUMENTS CONCERNING OPIUM

AMERICA 2-CHINA.3

Treaty of peace, amity and commerce.

Con

cluded July 3, 1844; ratification advised by the Senate January 16, 1845; ratified by the President January 17, 1845; ratifications. exchanged December 31, 1845; proclaimed April 18, 1846.

ARTICLE 33.

Citizens of the United States, who shall attempt to trade clandestinely with such of the ports of China as are not open to foreign commerce, or who shall trade in opium or any other contraband article of merchandise, shall be subject to be dealt with by the Chinese Government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations, as a cover for the violation of the laws of the Empire.*

Treaty between the United States of America and the Chinese Empire. Signed in the English and Chinese languages, at Tientsin, 18th June, 1858; ratifications exchanged at Peking, August 16, 1859.

[It is beyond doubt that the United States consented in this treaty to legalize the opium trade in China by practically adopting the trade regulations and tariff of the British treaty of the same date; for, in our Treaty establishing trade relations and tariff with China, concluded. November 18, 1858, ratifications exchanged August 15, 1859, opium is in the tariff list as paying thirty taels per one hundred catties. Under

1 See article by Dr. Hamilton Wright, this JOURNAL, p. 648, who also furnished this supplementary matter, and the notes thereto.

2 The United States takes rank under the name "America" in international conferences. Cf. The Hague conferences.

3 Our first treaty with China was that of 1844.

This article bearing on the opium traffic was superseded by the treaty of 1858.

this treaty of trade regulations and tariff of 1858 many Americans entered into the opium traffic in China, and continued to do so until the treaty of 1880 was negotiated.]

Treaty as to Commercial Intercourse and Judicial Procedure. Concluded November 17, 1880; ratification advised by the Senate May 5, 1881; ratified by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed October 5, 1881.

ARTICLE 2.

The Governments of China and of the United States mutually agree and undertake that Chinese subjects shall not be permitted to import opium into any of the ports of the United States; and citizens of the United States shall not be permitted to import opium into any of the open ports of China, to transport it from one open port to any other open port, or to buy and sell opium in any of the open ports of China. This absolute prohibition which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power, and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States; and the benefits of the favored nation clause in existing Treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this article."

5 It was recognized on both sides that this article could not be made effective without Congressional action. An effective act was passed February 23, 1887. (Chapter 210, 24th Statutes at Large, 409):

"An Act to provide for the Execution of the Provisions of Article Two of the Treaty concluded between the United States of America and the Emperor of China on the Seventeenth day of November, Eighteen Hundred and Eighty, and Proclaimed by the President of the United States on the Fifth day of October, Eighteen Hundred and Eighty-one.

"Sec. 1. (Importation of opium by Chinese prohibited). That the importation of opium into any of the ports of the United States by any subject of the Emperor of China is hereby prohibited. Every person guilty of a violation of the preceding provision shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars nor less than fifty dollars, or by imprisonment for a period of not more than six months nor less than thirty days, or by both such fine and imprisonment, in the discretion of the court.

"Sec. 2. (Forfeiture). That every package containing opium, either in whole or in part imported into the United States by any subject of the Emperor of

Treaty as to commercial relations. Concluded October 8th, 1903, and proclaimed January 13th, 1904.

ARTICLE 16.

The Government of the United States consents to the prohibition by the Government of China of the importation into China of morphia and of instruments for its injection, excepting morphia and instruments for its injection imported for medical purposes, on payment of tariff duty, and under regulations to be framed by China which shall effectually restrict the use of such import to the said purposes. This prohibition shall be uniformly applied to such importation from all countries. The

China, shall be deemed forfeited to the United States; and proceedings for the declaration and consequences of such forfeiture may be instituted in the courts of the United States as in other cases of the violation of the laws relating to other illegal importations.

"Sec. 3. (Citizens of United States prohibited from traffic in opium in China punishment jurisdiction-forfeiture). That no citizen of the United States shall import opium into any of the open ports of China, nor transport the same from one open port to any other open port, or buy or sell opium in any of such open ports of China, nor shall any vessel owned by citizens of the United States, or any vessel, whether foreign or otherwise, employed by any citizen of the United States, or owned by any citizen of the United States, either in whole or in part, and employed by persons not citizens of the United States, take or carry opium into any of such open ports of China, or transport the same from one open port to any other open port, or be engaged in any traffic therein between or in such open ports or any of them. Citizens of the United States offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars nor less than fifty dollars, or by both such punishments, in the discretion of the court. Consular courts of the United States in China, concurrently with any district court of the United States in the district in which any offender may be found, shall have jurisdiction to hear, try, and determine all cases arising under the foregoing provisions of this section, subject to the general regulations provided by law. Every package of opium or package containing opium, either in whole or in part, brought, taken, or transported, trafficked, or dealt in contrary to the provisions of this section, shall be forfeited to the United States, for the benefit of the Emperor of China; and such forfeiture, and the declaration and consequences thereof, shall be made, had, determined, and executed by the proper authorities of the United States exercising judicial powers within the Empire of China."

Article II of the Treaty of 1880 and the Statutes passed in conformity with it, still remain in force.

This is the last of American treaties with China in which opium or its derivatives is mentioned.

Chinese Government undertakes to adopt at once measures to prevent the manufacture in China of morphia and of instruments for its injection."

AMERICA-ISLANDS OF THE PACIFIC Ocean. There is a Federal Sta ute, February 14, 1902, chapter 18, 32 Stat. L., 33rd Act, to preven the sale of fire arms, opium, and intoxicating liquors in certain islands of the Pacific:

SEC. 1. (Sale of arms and intoxicants to Pacific Islands aborigines forbidden). That any person subject to the authority of the United States who shall give, sell, or otherwise supply any arms, ammunition, explosive substance, intoxicating liquor, or opium to any aboriginal native of any of the Pacific islands lying within the twentieth parallel of north latitude and the fortieth parallel of south latitude and the one hundred and twentieth meridian of longitude west and one hundred and twentieth meridian of longitude east of Greenwich, not being in the possession or under the protection of any civilized power, shall be punishable by imprisonment not exceeding three months, with or without hard labor, or a fine not exceeding fifty dollars, or both. And in addition to such punishment all articles of a similar nature to those in respect to which an offense has been committed found in the possession of the offender may be declared forfeited.

SEC. 2. (Medical use excepted). That if it shall appear to the court that such opium, wine, or spirits have been given bona fide for medical purposes it shall be lawful for the court to dismiss the charge.

SEC. 3. (Deemed an offense on high seas). That all offenses against this Act committed on any of said islands or on the waters, rocks or keys adjacent thereto shall be deemed committed on the high seas on board a merchant ship or vessel belonging to the United States, and the courts of the United States shall have jurisdiction accordingly.

AMERICA JAPAN. A treaty of amity and commerce.

Concluded July

29, 1858; ratifications exchanged at Washington, May 22, 1860; proclaimed May 23, 1860.

ARTICLE IV.

4. The importation of opium is prohibited, and any American vessel coming to Japan for the purposes of trade, having more than (3) three

7 All powers have adhered to the morphia clause in this "Commercial Treaty," and it went into effect January 1st of the current year.

In one of our first treaties with Japan we agreed to a restriction on the traffic in opium.