I. AMICABLE. 1. NEGOTIATION. $1064. The ordinary mode of obtaining international redress is by diplomatic negotiation. There is nothing that so much conduces to the adjustment of differences as a full and frank discussion of them. Usually, negotiations are conducted by the regular official representatives of the governments concerned. Where, however, the exigencies or magnitude of the controversy appear to render it expedient, special or additional representatives, official or unofficial, are employed; and, where the occasion requires it, formal international conferences are held. Of such conferences the history of diplomacy affords many examples. Where negotiation fails, the parties may try the good offices or mediation of a friendly power, or may resort to arbitration. "When a dispute as to territorial limits arises between two nations, the ordinary course is to leave the territory claimed by them respectively in the same condition (or as nearly so as possible) in which it was when the difficulty first occurred, until an amicable arrangement can be made in regard to conflicting pretensions to it. It has not been the intention of the United States to deviate from this course, nor has any notice been given by Mexico that she proposed to assume jurisdiction over it, or change the possession as it was held at the conclusion of the treaty of peace and limits between the two Republics.” Mr. Marcy, Sec. of State, to Mr. Conkling, min. to Mexico, May 18, 1853, 2. GOOD OFFICES AND MEDIATION. (1) TO ADJUST DIFFERENCES. $ 1065. "There is a distinction between the case of good offices and of mediator. The demand of good offices or their acceptance does not confer the right of mediator. (Klüber, Droit des Gens Moderne de l'Europe, Part II. tit. 2, § 1, ch. 2, § 160.) The offer of Russia to mediate between the United States and Great Britain, in the war of 1812, was at once accepted by the former; and in order to avoid delays incident to the distance of the parties, plenipotentiaries were commissioned to conclude a treaty of peace with persons clothed with like power on the part of Great Britain. (Wait's State Papers, Vol. IX. p. 223; President Madison's message, May 25, 1813.) The re fusal of Great Britain, at that time in the closest alliance with Russia, can only be accounted for by the supposed accordance between the United States and Russia in questions of maritime law. Sir James Mackintosh considered the rejection of the proffered mediation, whereby hostilities were unnecessarily prolonged, the less justifiable, as a mediator is a common friend, who counsels both parties with a weight proportioned to their belief in his integrity and their respect for his power. But he is not an arbitrator, to whose decisions they submit their differences, and whose award is binding on them.' (Hansard's Parliamentary Debates, Vol. XXX. 526, April 11, 1815.)" Lawrence's Wheaton (1863), 495. As to Russia's offer of mediation in the war of 1812, see Am. State Papers, "The phrase 'good offices' being somewhat elastic, it may be well to confine its use to the two contingencies in respect to which this Department is careful to limit its employment. In its first sense, it corresponds to the French term officieux, or the Spanish oficioso, and means the unofficial advocacy of interests which the agent may properly represent, but which it may not be convenient to present and discuss on a full diplomatic footing. In its second sense, it is allied to arbitral intermediation as an impartial adviser of both parties, and not only implies but requires the assent of both parties and oftener, a spontaneous invitation from each. Neither of these meanings may be attached to the service which the Colombian minister desires you to render." Mr. Hay, Sec. of State, to Mr. McNally, No. 235, March 16, 1900, MS. Inst. "On the part of France the mediation [that of Great Britain in 1835, as to the non-performance of the French spoliation treaty] had been publicly accepted before the offer of it could be received here. Whilst each of the two Governments has thus discovered a just solicitude to resort to all honorable means of adjusting amicably the controversy between them, it is a matter of congratulation that the mediation has been rendered unnecessary. Under such circumstances the anticipation may be confidently indulged that the disagreement between the United States and France will not have produced more than a temporary estrangement. . . . Of the elevated and disinterested part the Government of Great Britain has acted, and was prepared to act, I have already had occasion to express my high sense." President Jackson, message of February 22, 1836, Richardson's Messages, As to the dispute between the United States and France, to which Presi- "It has never been the purpose of the Government of the United States to interpose, directly or indirectly, in the affairs of the states of Central America, with a view to settle the controversies between them by any influence whatsoever exercised by this Government, without their request or free consent. The mediation and friendly offices of this Government have been solicited, and this request has been complied with and nothing more. Not a step has been taken to coerce either of those Governments into any measure not satisfactory to itself. These Republics are small, and in a great degree powerless, but we respect the national character and independence of each. And although it is to be deeply regretted that, for national purposes, they are not united in some form of confederacy, yet, whilst things remain as they now are, we are to treat with each of them as a separate and independent state." Mr. Webster, Sec. of State, to the President, Aug. 12, 1852, MS. Report With reference to the action of the American minister in Bolivia in tendering to the Bolivian Government the good offices of the United States for the renewal of friendly relations between Bolivia and Great Britain, Mr. Seward expressed the opinion that the American minister was "rather premature" in making the offer. If the Bolivian Government, said Mr. Seward, desired the mediation of the United States, its wish should have been referred to Washington and not accepted at once without instructions. "The office of a mediator is an important one. Its duties can not be discharged satisfactorily to the mediator himself or to the parties to the controversy, without a full knowledge on his part of the origin, history, and nature of the dispute. ... It would consequently be necessary to furnish that information before even the expediency of our acting as a mediator could properly be determined.” Mr. Seward, Sec. of State, to Mr. Caldwell, min. to Bolivia, No. 18, Feb. 18, 1869, MS. Inst. Bolivia, I. 105. "The Government of the United States feels a deep interest in the permanent peace and prosperity of the South American states and will not refuse to exercise such influence as may be proper to secure an amicable settlement of the difficulty which has unfortunately arisen among some of those countries." Mr. Fish, Sec. of State, to Mr. Clapp, No. 19, Oct. 23, 1872, MS. Inst. This statement referred to an intimation made by a special envoy of In 1887, the Government of Salvador expressed to Mr. Hall, the minister of the United States in Central America, a wish that the mediation of the United States should be offered to Italy for the settlement of a claim against Salvador arising from the sale of the Government printing establishment in that country to an Italian subject. The amount of the claim was about 2,000,000 francs. The United States replied that, without more precise knowledge of the grounds of the claim, it hesitated to tender mediation, but subsequently suggested that the Salvadorian Government should sustain its minister in naming a sum to settle the claim, and that, if a reasonable proposal should be rejected by the Italian Government, the good offices of the United States might then be offered. Subsequently, Mr. Hall's good offices were solicited by the diplomatic representative of Italy, and, under these circumstances, he was instructed that, if both parties joined in requesting his impartial good offices, he might visit Salvador for that purpose. Mr. Hall accordingly tendered his good offices, and, as the result of their exercise, it was agreed to settle the claim for $270,000 payable in instalments. For. Rel. 1888, 1. 77, 78, 107, 120. With reference to an inquiry as to what action the President would take in case he should be requested to act as mediator between Great Britain and the Congo State in a controversy as to certain territorial rights in Africa, the Department of State said: The readiness with which the Executive of this government has responded in the past to invitations to exert friendly offices toward the composition of questions at issue between foreign countries with which the United States maintain relations of amity is in itself an earnest of the cordial spirit in which such overtures are likely to be welcomed, when addressed to the President by the parties to the disagreement. I may, however, assume that the President would feel a natural delicacy in making any statement of readiness to so act, in advance of his offices being solicited by the concurrent action of the two governments concerned. On several important occasions, Some of them quite recent, the President has abstained from any indication in advance, to either party, of what reception he might ultimately give to a joint request for his friendly concourse as a mediator or arbitrator. Regarding, for my own part, such an attitude of reserve as comporting with the principle of resort to amicable and impartial mediation, and having in mind, moreover, the circumstance that the President's electoral term will expire on the 4th of March next, thus rendering it improbable that the suggested trust could bo personally accepted and discharged by the present incumbent of that high office, I have thought it proper to refrain from taking Mr. Harrison's direction in the premises." Mr. Foster, Sec. of State, to Mr. Terrell, min. to Belgium, No. 260, Nov. 23, 1892, MS. Inst. Belgium, III. 117. 66 (2) TO AVERT HOSTILITIES. § 1066. The United States stand as the great American power, to which, as their natural ally and friend, they [the South America nations] will always be disposed first to look for mediation and assistance in the event of any collision between them and any European nation. As such we may often kindly mediate in their behalf without entangling ourselves in foreign wars or unnecessary controversies. Whenever the faith of our treaties with any of them shall require our interference, we must necessarily interpose." 66 President Taylor, annual message, Dec 4, 1849, Richardson's Messages, “England again offered mediation between the United States and Mexico President J. Q. Adams, message of May 21, 1828, giving correspondence in relation to efforts to mediate between Spain and the Spanish American states, is given in Am. State Papers, For. Rel. VI. 1006. The President has observed with deep solicitude the existence of feelings of alienation between the republics of Ecuador and Peru. The United States have neither a right nor a disposition to question the merits of any controversies which have arisen between those states, with both of which we desire to cultivate the most amicable relations, while we would, if possible, contribute to the prosperity and advancement of both. The United States feel very sensibly that internal differences, like those which are now affecting themselves, as well as differences between independent republics on this continent, have a manifest tendency to injure the common interest of all the American republics. Animated by these views, the President desires that you will seek an early opportunity to express them to the Government of Ecuador. While fully admitting the right of the Government to pursue its own counsels, you will express a hope on the part of this Government that its difficulties with Peru may admit. of peaceful solution by arbitration or otherwise. You will not tender mediation on the part of the President. "It is not consistent with his views of propriety and policy to assume such an office. But if his good offices should be desired by both parties, he would use his best efforts in the recommendation of a mediator who would do justice to the two republics.” Mr. Seward, Sec. of State, to Mr. Hassaurek, min. to Ecuador, No. 6, The action of the German admiral in 1884 in raising the imperial flag at Yap, in the Caroline Islands as a sign of occupation, caused |