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THE UNITED STATES
AND PEACE



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THE UNITED STATES
AND PEACE






WILLIAM H. TAFT



• • •
* •• •• •



m •••
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• • •






NEW YORK

CHABLES SCBIBNEB'S SONS

1914



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PUBLlv UP.f'AKy

6735i9

, TlLH U i O^SOA^ IONS.



coftbight, 1914» bt
Chablbs Scbibneb'b Sons



Published May, 1914



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FOREWORD

Every President of the United States
can be quoted in favor of peace. From
the first great Virginian to the last all
have abhorred what Thomas Jefferson
called "th^ greatest scourge of man-
kind." , .-'•, . : \ : . • • .
No President, hoWeVer; has^espdii^
the cause more unreserV^lji jb^r^asped
its fundamental prittci|)lJ»:;.*n[ft>iJ5:\thor-
oughly or attempted to advahce'itk prog-
ress more directly than has Mr. Taft.
This book is a demonstration of the fact.
.\, Mr. Taft has occupied the greatest po-
^ litical office in the world. He has pre-
sided over a confederation of nearly half
V a hundred sovereign States — the greatest
<1 peace society known to history and a liv-
^^ ing example to the nations of the earth of

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FOREWORD

tiie way to obtain peace through political
organization. Peace is the outcome of
justice, justice of law, law of political or-
ganization. Emanuel Kant proclaimed
this as the true philosophy of peace, when
in 1795 he wrote: We never can have
universal peace until the world is polit-
ically organized, and it will never be pos-
sible to organize the world politically until
the people, not the kings, rule.
. Peac^.^hath Jwr, victories no less re-
ntxmi^ uibA war; Perhaps the greatest

victoty: jy^t fichi^ed is the declaration
••• • • • •• ♦

of Mr-.*Taftir.n??fi!esident of the United
Stat€S3;*t3iat hfe Was willing to refer all ques-
tions, even those involving national honor,
to arbitration. He attempted to negotiate
treaties to this end with Great Britain and
France. His hope was that the example
thus afforded would be followed by other
nations, until a general treaty could be
formulated in which the peoples of the

earth would agree to refer all their dis-
[vil



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FOREWORD

putes to a court of arbitral justice. This
would be the doom of war.

The attempt^ though thwarted by the
United States Senate, offers the nations a
guiding principle which they will support
with an ever-increasing favor and fervor
until it is made a universal law. Mr.
Taft's high statesmanship has inaugurat-
ed a movement that will not end until,
as Victor Hugo prophesied, "the only
battle-field will be the market opening
to commerce and the mind opening to
new ideas."

The present volume is the outcome of a
suggestion made to Mr. Taft by the New
York Peace Society, which has started so
many good movements to further inter-
national progress and comity. Its four
chapters were delivered last winter as lec-
tures under the auspices of the Society.
They were also published as contributions
to The Independent. A special impor-
tance attaches to them in the fact that
[vii]



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FOREWORD

they were prepared by one who has been a
Hupreme and responsible leader in na-
tional and international politics. Thus
the age-long dreams of the poets, proph-
ets and philosophers have at last entered
the realm of practical statesmanship.

The first chapter deals with the Monroe
Doctrine. This constitutes altogether the
most important foreign policy of the
United States. The second chapter dis-
cusses the status of aliens under the con-
flicting jurisdicticm of the Federal and
State Governments. This involves our
chief danger of war. The third chapter
completely refutes the claim of the Sen-
ate that it has no power to consent to
general arbitration treaties. This, if per-
sisted in, will block all further participa-
tion of the United States in the movement
for extending the scope of arbitration.
The fourth chapter elucidates the history
and conception of a world federation in

which is emphasized a court of judicial ar-

[viii]



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FOREWORD

bitration with jurisdiction of all disputes
— "the highest court of appeals this side
the bar of Eternal Justice." Its realiza-
tion is only a matter of decades.

The one way for a man to rise above the
presidency of the United States is to as-
cend into the international realm and
there work for peace through justice. Mr.
Taft has taken this upward step. This
book is a Declaration of Interdependence.

Hamilton Holt.



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CONTENTS

Charb Paob

I. The Monroe Doctrine: Its
Limitations and Implica-
tions 1

n. Shall the Federal Govern-
ment Protect Aliens in
Their Treaty Rights? . . 40

m. Arbitration Treaties that

Mean Something • • • • 90

IV. Experiments in Federation for
Judicial Settleo^ent of In-
ternational Disputes • . 133



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CHAPTER I

THE MONROE DOCTRINE:

ITS LIMITATIONS AND

IMPLICATIONS

It is now ninety years since what the
world has always called the Monroe Doc-
trine was announced by President Mon-
roe in a message to Congress. It was a
declaration to the world that any effort
on the part of an European government
to force its political system upon a people
of this hemisphere, or to oppress it, would
affect the safety of the United States and
would be inimical to her interests, and,
further, that the subjecting to coloniza-
tion by any European government of any
part of the two American continents, all
HI



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THE UNITED STATES AND PEACE

of which was held to be withm the lawful
jurisdiction of some government, would
be equally objectionable. The first part
of the declaration was prompted by the
fear that the then Holy Alliance of Rus-
sia, Prussia, Austria, and France would
attempt to assist Spain in reconquering
the Central and South American repub-
Ues that had revolted from Spain and set
up independent governments which had
been recognized by the United States.
The other part, against colonization, was
prompted by certain claims that Russia
was making to control over territory on
the northwest coast of North America to
which the United States then asserted
title. There was expressly excepted from
the doctrine thus annoimced any pur-
pose to interfere with Spain's effort to
regain her lost colonies or the continued
exercise of jurisdiction by European gov-
ernments over any colonies or territories
which they then had in America.
12]



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THE MONROE DOCTRINE

I have not space to give the details of
the instances in which our Presidents,
representing our country in its foreign
relations, foimd it necessary to insist
upon compliance with the Monroe Doc-
trine. When Mr. Webster was secretary
of state, he declined, in Mr. Tyler's name,
to consider a proposition by England and
France for a joint agreement with Spain
as to the disposition of Cuba, stating that,
while the United States did not intend
to interfere with the control of Cuba by
Spain, it could not consent to the owner-
ship of the island by any other power.
Again, when Yucatan had been tempo-
rarily separated from Mexico by insurrec-
tion, and the insurrecto leaders sought
to dispose of the country to us, or to
England, or to Spain, President Polk, in
declining their offer to the United States,
advised them that we could not consent
to a transfer of dominion and sovereignty
either to Spain, Great Britain, or any
[81



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THE UNITED STATES AND PEACE

other power, because "dangerous to our
peace and safety."

Without directly citing the Monroe
Doctrine by name, Mr. Seward protested
against the occupation of Mexico by
France during the Civil War with the
purpose of colonizing or setting up a new
government on the ruins of the Mexican
Government. France denied having any
other purpose than to collect its debts
and redress its wrongs. Afterward the
Mexican Government was overthrown
and an empire established with an Aus-
trian archduke at its head. The Ameri-
can Civil War closed, the American troops
were massed on the Mexican border under
Sheridan, and France was requested to
withdraw her troops. She did so, and
the collapse of the Maximilian govern-
ment followed.

President Grant, in sending the Santo
Domingo treaty to the Senate, announced
that thereafter no territory on the conti-
[41



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THE MONROE DOCTRINE

nent should be regarded as subject to
transfer to an European power, and that
this was an adherence to the Monroe
Doctrine as a measure of national pro-
tection.

Again, the policy was insisted upon
and maintained by Mr. Olney and Mr.
Cleveland in reference to England's dec-
lination to arbitrate the boundary issue
between Venezuela and British Guiana,
in which Mr. Cleveland and Mr. Olney
believed that they saw a desire on the
part of Great Britain, through a boundary
dispute, to sequester a considerable part
of Venezuela, valuable because of the
discovery of gold-mines in it. Mr. Cleve-
land's position in the matter was sus-
tained by a resolution which was passed
by both houses. In this instance Mr.
Olney used the expression:

To-day the United States is practically
sovereign on this continent, and its fiat is
law upon the subjects to which it confines
its interposition.

[51



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THE UNITED STATES AND PEACE

The original declaration of the Monroe
Doctrine was prompted by England's
wish, when Canning was foreign minister,
that England and the United States
should make a joint declaration of such
a policy. Since its annoimcement by
President Monroe there have been fre-
quent intimations by English statesmen
while in oflSce that they do not object to
its maintenance. Whether the other gov-
ernments of Europe have acquiesced in
it or not, it is certain that none of them
have insisted upon violating it when the
matter was called to their attention by
the United States. Every one admits
that its maintenance until recently has
made for the peace of the world, has kept
European governments from intermed-
dling in the politics of this hemisphere,
and has enabled all the various Latin-
American republics that were offshoots
from Spain to maintain their own govern-
ments and their independence. While it
[61



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THE MONROE DOCTRINE

may be truly said that it has not made
for peace between them, still, that was
not within the scope of its purpose. It
has, however, restrained the land-hun-
ger and the growing disposition for colo-
nization by some European governments
which otherwise would certainly have
carried them into this hemisphere. The
very revolutions and instabiUties of many
of the Latin-American repubUcs would
have offered frequent excuse and op-
portunity for intervention by European
governments which they would have
promptly improved.

But now we are told that under changed
conditions the Monroe Doctrine has be-
come an obsolete shibboleth, that it pro-
motes friction with our Latin-American
neighbors, and that it is time for us
to abandon it. It is said that it is an
assertion of a suzerainty by the United
States over both continents; that it seeks
to keep under the tutelage of the United
[7]



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THE UNITED STATES AND PEACE

States great and powerful nations like
the Argentine Republic, Brazil, and Chile;
that its continuance as a declared policy
of this government alienates these and
other republics of South America, injures
their proper national pride, creates a re-
sentment against us which interferes
with our trade relations, and does not
promote the friendly feeling that strength-
ens the cause of peace.

Before we proceed to consider this
proposition we ought to make clear cer-
tain definite limitations of the Monroe
policy that are not always given weight
by those who condemn it. In the first
place, the Monroe Doctrine is a policy
of the United States and is not an obli-
gation of international law binding upon
any of the countries affected, either the
European countries whose action it seeks
to limit or the coimtries whose govern-
ment and territory it seeks to protect.
Nor, indeed, does it create an absolute
[8]



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THE MONROE DOCTRINE

obligation on the part of the United
States to enforce it. It rests primarily
upon the danger to the interest and safety
of the United States, and, therefore, the
nearer to her boundaries the attempted
violation of the doctrine, the more di-
rectly her safety is aflFected and the more
acute her interest, and, naturally, there-
fore, the more extreme will be the mea-
sures to which she would resort to enforce
it. While the assertion of the doctrine
covers both continents, the measures of
the United States in objecting to an in-
vasion of the policy might be much less
emphatic in the case where it was at-
tempted in countries as remote as Ar-
gentina, Brazil, and Chile than in the
coimtries surroimding the Caribbean Sea,
or brought close to the United States by
the opening of the Panama Canal. It is
well that the declared policy has in the
past covered both continents, because this
certainly contributed to the causes which
[91



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THE UNITED STATES AND PEACE

made Argentina, Brazil, and Chile the
powerful countries they have become.
But, as Daniel Webster said in Congress
in 1826, speaking of the plans of the Holy
AUiance:

If an armament had been furnished by the
alUes to act against provinces the most re-
mote from us, as Chile or Buenos Ayres, the
distance of the scene of action diminishing
our apprehension of danger, and diminishing
also our means of effectual interposition,
might still have left us to content ourselves
with remonstrance. But a very different
case would have arisen if an army equipped
and maintained by these powers had been
landed on the shores of the Gulf of Mexico
and commenced the war in our own imme-
diate neighborhood. Such an event might
justly be regarded as dangerous to ourselves,
and on that ground call for decided and im-
mediate interference by us.

In other words, the extent of our inter-
vention to enforce the policy is a ^ matter
of our own judgment, with a notice that
it may cover all America. It therefore
follows that the Monroe Doctrine, so far
110]



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THE MONROE DOCTRINE

as it applies to Argentina, Brazil, and
Chile, the so-called ABC governments
of South America, is now never likely to
be pressed,first because they have reached
such a point that they are able to pro-
tect themselves against any European
interference, and, second, because they
are so remote from us that a violation of
the doctrine with respect to them would
be little harmful to our interests and
safety.

The second great limitation of the
Monroe Doctrine is that it does not con-
template any interference on our part
with the right of an European govern-
ment to declare and make war upon any
American government, or to pursue such
course in the vindication of its national
rights as would be a proper method imder
the rules of international law. This was
expressly declared to be a proper term
in the statement of the Doctrine by Mr.
Seward during our Civil War, when Spain
[11]



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THE UNITED STATES AND PEACE

made war against Chile. He announced
our intention to observe neutrality be-
tween the two nations, and he laid down
the proposition that the Doctrine did not
require the United States, in a consistent
pursuit of it, to protect any government
in this hemisphere, either by a defensive
alliance against the attacking European
power or by interfering to prevent such
punishment as it might inflict, provided
only that in the end the conquering
power did not force its own government
upon the conquered people, or compel
a permanent transfer to it of their ter-
ritory, or resort to any other unjustly
oppressive measures against them. And
Mr. Roosevelt, in his communications to
Congress, has again and again asserted
that maintenance of the Doctrine does
not require our government to object to
armed measures on the part of European
governments to collect their debts and
the debts of their nationals against gov-
[12]



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THE MONROE DOCTRINE

ernments in this continent that are in
default of their just obligations, provided
only that they do not attempt to satisfy
those obligations by taking over to them-
selves ownership and possession of the
territory of the debtor governments or by
other oppressive measures. It may be
conceded that Mr. Olney used language
that was imf ortunate in describing the ef-
fect of the Monroe Doctrine upon the
position of the United States in this hemi-
sphere. It is not remarkable that it has
been construed to be the claim of suze-
rainty over the territory of the two Amer-
ican continents. Our fiat is not law to
control the domestic concerns or, indeed,
the foreign policies of the Latin-American
republics or of other American govern-
ments, nor do we exercise substantial sov-
ereignty over them. We are concerned
that their governments shall not be inter-
fered with by European governments; we
are concerned that this hemisphere shall
[13]



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THE UNITED STATES AND PEACE

not be a field for land aggrandizement and
the chase for increased political power by
European governments, such as we have
witnessed in Africa and in China and Man-
churia, and we believe that such a condi-
tion would be inimical to our safety and
interests. More than this, where a con-
troversy between an European govern-
ment and a Latin- American republic is of
such a character that it is Ukely to lead to
war, we feel that our earnest desire to
escape the possible result against which the
Monroe Doctrine is aimed is sufficient to
justify our mediating between the Euro-
pean power and the Latin-American re-
public, and bringing about by negotiation,
if possible, a peaceable settlement of the
difference. This is what Mr. Roosevelt
did in Venezuela and in Santo Domingo.
It was not that the use of force or threat-
ened force to collect their debts by the
European powers constituted a violation
of the Monroe Doctrine that induced Mr.
[14]



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THE MONROE DOCTRINE

Roosevelt to act, but only a general de-
sire to promote peace and also a wish to
avoid circumstances in which an inva-
sion of the Monroe Doctrine might easily
follow.

It is said — ^and this is what frightens
peace advocates from the Monroe Doc-
trine — ^that it rests on force and ulti-
mately on the strength of our army and
our navy. That is true, if its enforce-
ment is resisted. Its ultimate sanction
and vindication are in our ability to
maintain it; but our constant upholding
and assertion of the Doctrine have en-
abled us, with the conflicting interests of
European powers — ^the support of some
and the acquiescence of others — to give
effect to the Doctrine for now nearly a
century, and that without the firing of
a single shot. This has secured the Doc-
trine a traditional weight that assertion
of a new policy by the United States
never could have. It is a national asset,
[15]



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THE UNITED STATES AND PEACE

and, indeed, an asset of the highest value
for those who would promote the peace
of the world. The mere fact that the fur-
ther successful maintenance of the Mon-
roe Doctrine, in the improbable event
that any European power shall deliber-
ately violate it, will require the exercise
of force upon our part is certainly not a
reason for the most sincere advocate of
peace to insist upon sacrificing its benefi-
cent influence and prestige as an instru-
ment of peace to prevent European inter-
meddling in this hemisphere which a
century of successful insistence without
actual use of force has given it.

Much as the Doctrine may be criti-
cised by the Continental press of Europe,
it is an institution of one hundred years'
standing; it is something that it§ age is
boimd to make Europe respect. It was
advanced at a time when we were but
a small nation with little power, and it
has acquired additional force and pres-
[16 1



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THE MONBOE DOCTRINE

tige as we have grown to our present size
and strength and international influence.

Were we to abandon the Doctrine and
thus, in effect, notify the European gov-
ernments that, so far as our remonstrance
or interposition was concerned, they
might take possession of Santo Domingo,
of Haiti, or of any of the Central Ameri-
can republics, or of any South American
republics that might be disturbed by rev-
olution and that might give them some
international excuse for intervention, it
would be but a very short time before
we would be forced into controversies
that would be much more dangerous to
the peace of this hemisphere than our
continued assertion of the Doctrine prop-
erly imderstood and limited,

I fully sympathize with the desire to
make such coimtries as the Argentine
Republic, Brazil, Chile, and other pow-
ers in South America that are acquiring
stability and maintaining law and order
[17]



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THE UNITED STATES AND PEACE


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