« 上一頁繼續 »
to the latter, against industrial diseases, accidents and death; mothers' pensions.
Prohibition Platform. The Prohibition platform declared primarily for national and state legislation to stop the liquor traffic. It endorsed suffrage for women, a world court for peace, abolition of militarism, employment of the army in normal times in reclamation work. It claimed protection for the American citizen, reaffirmed its faith in the Monroe doctrine, recommended that the Philippines be governed by the United States with increasing local privileges, and urged reciprocal trade treaties and a tariff investigation commission. It recommended legislation for the merchant marine, upholding civil service regulations, labor legislation, public grain elevators operated by the Federal Government, Federal grain inspection under a system of civil service and the abolition of any institution in which "gambling in grain" "or any other so-called speculation is indulged in." It endorsed Government warehouses for cotton, public ownership of utilities and the development of free institutions. It declared that departmental decision ought not to be final and that the people should be protected by provision for court review. Conservation of natural resources, economy in government and the budget system, the right of the President to veto any single item in an appropriation bill, uniform marriage and divorce laws, a single presidential term of six years, the initiative, referendum and recall were endorsed.
THE management of international affairs is a service of the highest importance, and the power to direct foreign relations is a sovereign power. In the United States all power in respect to matters of an international character is lodged in the federal government, the organ of our national sovereignty. International affairs have never been regulated by the State. Under the Articles of Confederation negotiations with foreign countries were conducted by the Congress; under the Constitution States are expressly forbidden to enter into political relations with foreign countries (72), and the management of international affairs is given to the President and Senate (95).
The international political affairs of a state are conducted by its diplomatic representatives, of whom the ambassador is the highest in rank. The ambassador represents the person of the executive of the country from which he comes, and he receives for this reason the highest personal respect and consideration. A minister, who is next to the ambassador in rank, represents the government from which he comes, but not the personality of the executive. In foreign courts an ambassador, being a personal representative of a ruler, is admitted to an audience with officials ahead
of a minister. For a long time a minister was the highest diplomatic representative of the United States, but when it was found that under the rules of precedence in favor of ambassadors a minister of the United States was sometimes kept waiting for an official audience while the ambassador of some petty kingdom was being received, Congress (in 1893) created the rank of ambassador. We have ambassadors for Great Britain, Germany, France, Italy, Austria, Mexico, Russia, Brazil, Japan, Spain, Chile, Argentina, and Turkey. In other countries we are represented by ministers.
Ambassadors and ministers, their property and their households, are exempt from the laws of the country to which they are accredited. The residence of a foreign minister is, according to international law, a little patch of territory under the dominion of the country which the minister represents. If the Chinese minister at Washington should commit a crime, Chinese and not American authorities must try the case and administer the punishment. If a case should arise where a judicial decision affecting diplomatic agents is necessary, it must be taken direct to the Supreme Court, no matter how trivial it may be (110).
The duties of a diplomatic representative depend upon the powers which his government has conferred upon him and upon the relations which exist between his government and the one to which he is sent. In general, he represents and defends the interests of his country. He keeps the home government informed
upon topics of public interest, especially upon political topics, but he must not interfere in any way with the politics of the country where he resides. When a citizen of his own country has been injured by a violation of a rule of international law he seeks a remedy from a foreign government, and when a treaty is made he usually serves as the channel of negotiation.
A consul is a business agent of a government sent to a seaport or inland city to look after the welfare of citizens of his own country. He does not represent a government, he is not a diplomatic agent, and he does not enjoy the honors and immunities of a minister. Sometimes a consul-general is appointed to supervise all the consuls in the country to which he is sent.
The first duty of the consul is to aid his countrymen in securing their commercial rights. Among his other duties are the following: He places the consular seal upon official acts of the foreign government; he certifies to marriages, births and deaths among his countrymen in his consular district; he certifies invoices; he administers on the personal property of deceased persons when there is no representative at hand. The consul receives applications for passports, and, when specifically authorized to do so, grants them. He also grants passports in the absence of the regular diplomatic representatives.
When two or more states are at war and desire peace, or if in times of peace their commercial or monetary systems require adjustment, or if their boundaries need to be defined, or if in any way their
international affairs are to be regulated, they may accomplish any of these objects by entering into a solemn compact or agreement called a treaty. A treaty, when made by sovereign states and signed by the proper diplomatic agents, and ratified by the governments of the signatory powers, becomes the law for all the states entering into the compact. In the United States a treaty concluded by the federal government is the supreme law of the land (126), and any State law in conflict with a treaty which is constitutional is null and void. Since a treaty is simply a law, Congress may repeal a treaty by passing a law contrary to its provisions, or an existing law may be repealed by the terms of a new treaty. A treaty contrary to the Constitution is void.
If a citizen violates a treaty his government will punish him as the violator of a law; but suppose the state itself should violate one of its treaties, is there a power to punish the state? There is no power but the sword of the aggrieved country. The violation of treaty obligation is universally regarded as a just cause of war. But suppose a powerful state violates a compact which it has made with a puny state? In such a case punishment through war is out of the question and the weak state must rely upon the natural operation of the law of nations. "In the eye of international law treaties are made to be kept," and if a powerful nation persistently and perversely breaks its treaties it will incur the hostility of its neighbors and sooner or later these will combine and force it to abide by the rules of international law.