CURRENT NOTES

FOREIGN POLICY OF THE UNITED STATES

Extract from address of the Honorable Frank B. Kellogg, Secretary of State,

at the University of Pennsylvania, on Washington's Birthday, February 22, 1926.

I cannot close this address without mentioning one principle which, while not embodied in the Constitution or in any written law, has nevertheless become a settled national policy, that is, the policy of steering clear of permanent alliances with foreign Powers. The acceptance of this as a principle of our action in our relations with foreign governments was undoubtedly due to the influence of Washington. This principle announced by Washington in his Farewell Address has been the basis of our foreign policy for 130 years and has had a profound influence upon our national life. It is as important today when the United States is a great and powerful nation as when it was a small and a weak nation of thirteen states struggling to maintain its existence. This pronouncement of Washington was not the enunciation of a subject new to him but the expression of a deep conviction conceived during a trying ordeal while he was President. I need but call to mind the circumstances surrounding the formation of this policy, the promulgation of the first neutrality proclamation and the deep political significance of Washington's conduct during this period. After the Battle of Saratoga, France came to the assistance of the Colonies and the Treaty of Defensive Alliance was entered into on February 6, 1778. It does not matter that one of the impelling reasons of France's entrance into the alliance and her assistance to the Colonies in this struggle for liberty was traditional animosity to Great Britain, for, nevertheless, the assistance was sorely needed and in the closing scenes of this great national struggle, that assistance was of surpassing importance and aroused among the people of that day and succeeding generations sentiments of the deepest gratitude. After the peace between Great Britain and the United States, the adoption of our Constitution and the organization of the Federal Government, France overthrew the monarchy and undertook to establish a republic. This action undoubtedly was influenced to a very great extent by the example of the United States and there was in this country the deepest interest in and sympathy with the French people in this struggle. It is true that the subsequent disorders and excesses of the Revolution into which France plunged were a powerful factor in alienating the sentiments of good will and sympathy of the American people. When, therefore, France declared war on Great Britain, Austria, Prussia, Sardinia and the United Netherlands, the administration of President Washington was confronted with the problem of whether in spite of the

Treaty of Defensive Alliance entered into with France in 1778, the United States would remain neutral in the conflict. The result was that Washington published a neutrality proclamation on the 22nd of April, 1793. This conclusion was not reached without serious division in Washington's Cabinet. It was followed by wide agitation, bitter denunciations by the friends of France and by many patriotic Americans who remembered with gratitude French assistance to the Colonies. It became a political issue of first importance. Here again Hamilton performed a great patriotic service in a series of articles published under the pseudonym of "Pacificus" in 1793. He not only defended the attitude of Washington but contributed in a masterly manner the arguments which laid the foundation of this distinctive American policy. Thus when Washington delivered that immortal Farewell Address, which was to be a guide to all the future generations of his countrymen, he expressed sentiments upon our foreign relations derived not only from a wide knowledge but a long and bitter experience. He lived to realize that his action was thoroughly supported by the public opinion of his countrymen and to see the wisdom of his action. That principle has become the cornerstone of our foreign policy. This does not mean isolation or refusal to coöperate as we have always done with other nations in all those non-political activities for the advancement of science, education, commerce and all other activities so important to modern civilization. It simply means that the United States, through long experience, has come to the conclusion that offensive or defensive alliances, political or military, are not in harmony with the principles of our government or in the interests of our people.

TRIPARTITE CLAIMS COMMISSION

On January 25, 1926, there was held at Washington the first session of the commission constituted in pursuance of the agreement between the United States and Austria and Hungary for the determination of the amounts to be paid by Austria and by Hungary in satisfaction of their obligations under the treaties concluded by the United States with Austria on August 24, 1921, and with Hungary on August 29, 1921.1 The claims agreement signed at Washington on November 26, 1924, is printed in the Supplement to this JOURNAL, page 51. The Honorable Edwin B. Parker, Umpire of the Mixed Claims Commission, United States and Germany, has been invited to act as sole arbitrator of the present commission. Judge Parker, an American citizen, had the unique distinction of being suggested by Germany as the umpire in the American claims against her. His record for fairness and impartiality and his judicial attitude have so impressed two other enemy countries that they are willing to entrust to him the sole determination of American claims against them.

1 These treaties were printed in the Supplement to the JOURNAL, Vol. 16 (1922), pp. 1 and 13.

Under Article II of the agreement, all claims must be presented to the commission within one year from the date of its first session.

The Honorable Robert W. Bonynge, who was the American Agent before the Mixed Claims Commission, United States and Germany, has also been appointed American Agent before the present commission. The Austrian Agent is Dr. Ludwig Kleinwachter, and the Acting Hungarian Agent is the Honorable John Pelenyi.

GENERAL CLAIMS COMMISSION, UNITED STATES AND MEXICO

The General Claims Commission for the adjudication of claims by citizens of the United States against Mexico, and claims by citizens of Mexico against the United States, convened in Washington on February 1st. This commission has been constituted under the terms of the General Claims Convention signed September 8, 1923,1 and has jurisdiction of all claims arising since the Claims Convention of July 4, 1868, except those arising from acts incident to the recent revolutions in Mexico, for which provision has been made in the Special Claims Convention signed September 10, 1923.2 The General Claims Commission is composed of Dr. C. Van Vollenhoven of Holland, Presiding Commissioner, Honorable Edwin B. Parker of the United States, and Honorable G. Fernandez MacGregor of Mexico, Commissioners. The Agents are the Honorable Henry W. Anderson for the United States, and Dr. Benito Flores for Mexico. Dr. William P. Cresson is the American Secretary, and Dr. José Romero the Mexican Secretary.

There are three periods within which claims may be filed before the General Claims Commission. During the first period of one year, which expired on August 29, 1925, claims were filed as a matter of right by either government. During the second period of six months, which expired on February 27, 1926, only such claims could be filed where reasons for not filing them within the first period satisfactory to the majority of commissioners could be established. The third period includes all claims accruing after September 8, 1923, which may be filed any time prior to August 30, 1927. All claims filed during the first two periods must be heard and decided by the commission prior to August 30, 1927, but claims filed during the third period may be, if necessary, heard and decided by the commission subsequent to August 30, 1927.

During the first period, the Government of the United States filed 2,300 claims, and that of Mexico 800 claims. The commission has on motions granted leave to file during the second period 140 claims by the United States and 20 claims by Mexico. Motions to file about 200 additional claims remain to be disposed of.

Since the convening of the commission, most of its time has been devoted

1 Printed in the Supplement to the JOURNAL, Vol. 18 (1924), pp. 147–151. 2 Printed, ibid., pp. 143-146.

to the consideration and disposition of administrative matters and preliminary motions. During the month of March a number of decisions were announced, and it is planned to print these and succeeding decisions in future issues of this JOURNAL.

INSTITUT FÜR AUSLÄNDISCHES ÖFFENTLICHES RECHT UND VÖLKERRECHT

The Institute of Foreign Public Law and International Law (Institut für Ausländisches Öffentliches Recht und Völkerrecht), was organized at Berlin in the spring of 1925. The new institute, under the direction of Professor Dr. Viktor Bruns, of the Law Faculty of the University of Berlin, with the collaboration of Professors Trielel and Smend of that faculty, will conduct investigations and research in public law and international law for scientific and practical governmental purposes. A staff of collaborators and assistants and a library is in process of organization. One of the functions of the new institute will be to take over the publication of Martens' Treaties, and it is expected that a new periodical on international law will shortly be issued under the auspices of the institute. Possibly a series of monographs will also be inaugurated. The scholarly character of the new organization gives promise of valuable contributions to the science of international law.

THE NON-RECOGNITION OF THE CHAMORRO GOVERNMENT IN NICARAGUA

The United States Government has refused to recognize the régime in Nicaragua headed by General Emiliano Chamorro, who took charge of the executive power on January 17, 1926, after the resignation of President Solorzano. In notifying the Nicaraguan Minister of this action on January 25, 1926, which was in accord with the action taken by all the governments that signed the General Treaty of Peace and Amity at the Central American Conference on February 7, 1923, Secretary of State Kellogg said:

The object of the Central American countries with which the United States was heartily in accord, was to promote constitutional government and orderly procedure in Central America and those governments agreed upon a joint course of action with regard to the non-recognition of governments coming into office through coup d'état or revolution. The United States has adopted the principles of that treaty as its policy in the future recognition of Central American Governments as it feels that by so doing it can best show its friendly disposition towards and its desire to be helpful to the Republics of Central America.

REVALUATION OF GERMAN BONDS HELD IN THE UNITED STATES

A special commissioner has been sent to the United States by the German Government to take care of the revaluation of German bonds under the German law of July 16, 1925. The mark loans of the German Reich, i.e., direct loans of the Reich and those former state loans which have been taken

over by the Reich, will be exchanged into new "Loan Liquidation Debt" bonds, generally speaking at the rate of 25 Reichmarks for 1,000 marks face value of the old loan.

Bonds purchased prior to July 1, 1920, and since held uninterruptedly, will be redeemed in annual instalments to be drawn by lot over a period of thirty years, at five times the face value of the new bond with interest at 43 per cent from January 1, 1926. May 15, 1926, has been fixed as the last date for the filing of applications for revaluation. Holders of bonds who are not "old holders" within the foregoing definition cannot file their claims at this time. Later notice will be given regarding "new holdings."

The special commissioner, Mr. Hans Kruger, whose office is at 42 Broadway, New York City, will supply further information and application forms.

EXAMINATION OF ALIENS ABROAD

After a further study of the results of the operation of the experiment being carried on in Great Britain, where emigrants are intensively examined abroad to determine their admissibility to the United States,' the State Department announces that the plan is believed to be a complete success and it is prepared to extend it to other countries whose governments request similar facilities, as rapidly as funds and personnel are available. Definite requests for the installation of a similar system in their ports have been received from the Governments of the Netherlands and Belgium, and it is proposed in the near future, to send Public Health Service Surgeons and immigration officers to act as technical advisers to the American Consuls in Antwerp and Rotterdam. No further European Governments have as yet made definite requests for the extension of the facilities in question to their territories, although inquiries indicating keen interest in the plan have been received from several quarters.

The present policy has developed from conference held last April between high officials of the Departments of State, the Treasury and Labor, wherein plans were worked out to remedy a long-standing condition where many immigrants sold their possessions abroad and made the long and expensive journey to the United States only to learn that for one legal reason or another they were not admissible to the United States and must return to their former homes. Transportation companies, including American steamship lines, had paid thousands of dollars in fines for bringing to the United States persons found upon arrival to be inadmissible.

The conference found that the Immigration Act of 1924 afforded an opportunity which had not heretofore existed to examine intending immigrants effectively before their departure from their home countries, and in coöperation with the Governments of Great Britain and the Irish Free State, the examination of all British and Irish immigrants was concentrated in 1 See current note in the JOURNAL, Vol. 19 (1925), p. 780.