The United States and Latin America Part 21

[261] Sen. Ex. Doc. No. 1, Sixty-fifth Cong., Special Sess., pp. 24-34.

[262] Sen. Ex. Doc. No. 1, Sixty-fifth Cong., Special Sess., p. 35.

[263] _Ibid._, p. 41.

[264] Sen. Ex. Doc. No. 1, Sixty-fifth Cong., Special Sess., p. 44.

[265] _Ibid._

[266] Sen. Ex. Doc. No. 1, Sixty-fifth Cong., Special Sess., pp. 53-79.

[267] Sen. Ex. Doc. No. 1, Sixty-fifth Cong., Special Sess., pp. 87-88.

[268] Foreign Relations, 1905, p. 298; Moore, "Digest of Int. Law," Vol.

VI, pp. 518-529; _Am. Journal of Int. Law_, Vol. I, p. 287, and Doc.u.mentary Supplement, p. 231.

[269] Foreign Relations, 1909, p. 455.

[270] D. G. Munro, "The Five Republics of Central America," p. 257.

[271] For recent and authoritative information on Central American affairs, see the volume by Dana G. Munro, "The Five Republics of Central America." (Carnegie Endowment for International Peace, 1918.)

[272] Secretary of the Navy, Annual Report 1915, pp. 15-17.

CHAPTER VIII

PAN AMERICANISM

The Pan American movement, which has for its object the promotion of closer social, economic, financial, and political relations between the independent republics of the Western Hemisphere, has attracted much attention in recent years. The Pan American ideal is an old one, dating back, in fact, to the Panama Congress of 1826. The object of this congress was not very definitely stated in the call which was issued by Simon Bolivar, but his purpose was to secure the independence and peace of the new Spanish-American republics either through a permanent confederation or through a series of diplomatic congresses. Henry Clay, who was secretary of state at the time, was enthusiastically in favor of accepting the invitation extended to the United States to partic.i.p.ate in the congress. President Adams agreed, therefore, to the acceptance of the invitation, but the matter was debated at great length in both House and Senate. In the Senate the debate was particularly acrimonious. The policy of the administration was denounced as dangerous, and it was a.s.serted that a partic.i.p.ation in the congress at Panama could be of no benefit to the United States and might be the means of involving us in international complications. One of the topics proposed for discussion was "the manner in which all colonization of European powers on the American continent shall be restricted." The Senate Committee on Foreign Affairs objected strenuously to the United States in any way committing itself to guaranteeing the territory of any other American state. The slavery question also projected itself into the debate, mainly because the negro Republic of Haiti was to be represented and because most of the other states had proclaimed the emanc.i.p.ation of slaves. The Senate finally agreed to the nomination of Richard C.

Anderson, of Kentucky, and John Sergeant, of Pennsylvania, as envoys extraordinary and ministers plenipotentiary to the a.s.sembly of American nations at Panama, and Congress made the necessary appropriation. The delay proved fatal to the plan, however, for the American delegates did not reach Panama until after the congress had adjourned.

In view of the opposition which the plan encountered in Congress, the instructions to the American delegates were very carefully drawn by Secretary Clay and their powers were strictly limited. They were cautioned against committing their government in any way to the establishment of "an amphictyonic council, invested with power finally to decide controversies between the American states or to regulate in any respect their conduct. Such a council might have been well enough adapted to a number of small contracted states, whose united territory would fall short of the extent of that of the smallest of the American powers. The complicated and various interests which appertain to the nations of this vast continent cannot be safely confided to the superintendence of one legislative authority. We should almost as soon expect to see an amphictyonic council to regulate the affairs of the whole globe. But even if it were desirable to establish such a tribunal, it is beyond the competency of the government of the United States voluntarily to a.s.sent to it, without a previous change of their actual const.i.tution."

The delegates were also instructed to oppose the formation of an offensive and defensive alliance between the American powers, for, as Mr. Clay pointed out, the Holy Alliance had abandoned all idea of a.s.sisting Spain in the conquest of her late colonies. Continuing, he said:

Other reasons concur to dissuade the United States from entering into such an alliance. From the first establishment of their present const.i.tution, their ill.u.s.trious statesmen have inculcated the avoidance of foreign alliances as a leading maxim of their foreign policy. It is true, that in its adoption, their attention was directed to Europe, which having a system of connections and of interests remote and different from ours, it was thought most advisable that we should not mix ourselves up with them. And it is also true, that long since the origin of the maxim, the new American powers have arisen, to which, if at all, it is less applicable. Without, therefore, a.s.serting that an exigency may not occur in which an alliance of the most intimate kind between the United States and the other American republics would be highly proper and expedient, it may be safely said that the occasion which would warrant a departure from that established maxim ought to be one of great urgency, and that none such is believed now to exist. Among the objections to such alliances, those which at all times have great weight are, first, the difficulty of a just and equal arrangement of the contributions of force and of other means between the respective parties to the attainment of the common object; and secondly, that of providing beforehand, and determining with perfect precision, when the _casus foederis_ arises, and thereby guarding against all controversies about it.

There is less necessity for any such alliance at this juncture on the part of the United States, because no compact, by whatever solemnities it might be attended, or whatever name or character it might a.s.sume, could be more obligatory upon them than the irresistible motive of self-preservation, which would be instantly called into operation, and stimulate them to the utmost exertion in the supposed contingency of an European attack upon the liberties of America.[273]

The British government sent a special envoy to reside near the congress and to place himself in frank and friendly communication with the delegates. Canning's private instructions to this envoy declared that,

Any project for putting the U. S. of North America at the head of an American Confederacy, as against Europe, would be highly displeasing to your Government. It would be felt as an ill return for the service which has been rendered to those States, and the dangers which have been averted from them, by the countenance and friends.h.i.+p, and public declarations of Great Britain; and it would probably, at no distant period, endanger the peace both of America and of Europe.

The Panama Congress was without practical results, and it possesses merely an historical interest. As a matter of fact, only four republics, Colombia, Central America, Peru, and Mexico, were represented. Several treaties and conventions were drafted with the view mainly of combined defense against Spain, but ratification was withheld by all of the states except Colombia, which gave only a partial approval to what had been done. Before adjourning, the Congress of Panama decided to meet again at the town of Tacubaya, near the city of Mexico, and to continue its sessions at stated intervals. But as the result of the failure of the states represented at the congress to ratify the agreements arrived at, and as the result of internal disorders, the plan was not carried out, although Mexico issued invitations for another congress in 1831, 1838, 1839, and 1840.

In 1847 the republics of Bolivia, Chile, Ecuador, New Granada, and Peru held a so-called "American Congress" at Lima, which drafted a treaty of confederation, one of commerce and navigation, a consular convention, and a postal convention. These treaties were not ratified and, therefore, the congress was without practical results. The preamble of the proposed treaty of confederation referred to the nations a.s.sembled as being "bound to each other by the ties of a common origin, a common language, a common religion, common customs, and the common cause for which they have struggled, as well as by their geographical position, the similarity of their inst.i.tutions, and their a.n.a.logous ancestors and reciprocal interests." It is evident, therefore, that this particular congress was Spanish-American rather than Pan American.[274]

In 1856 the republics of Peru, Chile, and Ecuador signed at Santiago a treaty of confederation, known as "the Continental Treaty," for the purpose of "cementing upon substantial foundations the union which exists between them, as members of the great American family, which are bound together by the ties of a common origin, similar inst.i.tutions, and many other signs of fraternity." This treaty was not ratified. It seems to have been dictated by a spirit of hostility to the United States as the result of the filibustering enterprise of William Walker in Central America.

The question of a "continental" league was discussed between Costa Rica and Colombia in 1862. After stating that, "There are not always at the head of the Great Republic moderate, just, and upright men as those who form the administration of President Lincoln," Costa Rica continued:

If our Republics could have the guaranty that they have nothing to fear from the United States of North America, it is indubitable that no other nation could be more useful and favorable to us. Under the shelter of her powerful eagles, under the influence of her wise inst.i.tutions, and under the spur of her astonis.h.i.+ng progress our newly-born nationalities should receive the impulse which they now need, and would be permitted to march with firm step, without experiencing the troubles and difficulties with which they have had to struggle.... In view of the above considerations, the idea has occurred to my government that a new compact might be draughted by which the United States of North America should bind themselves solemnly to respect, and cause others to respect, the independence, sovereignty, and territorial integrity of the sister republics of this continent; not to annex to their territory, either by purchase or by any other means, any part of the territory of the said republics; not to allow filibustering expeditions to be fitted up against the said nations, or to permit the rights of the latter to be in any way abridged or ignored.[275]

In January, 1864, the government of Peru issued invitations to all the governments of the Spanish nations of America to join in a congress to be held at Lima. The objects of the meeting as stated in the invitation were "to declare that the American nations represented in this congress form one single family," to improve postal facilities, to exchange statistical data, to provide for the settlement of all boundary disputes, and "to irrevocably abolish war, superseding it by arbitration, as the only means of compromising all misunderstandings and causes for disagreements between any of the South American republics."

In accepting the invitation to the congress Colombia expressed the opinion that "the United States ought not to be invited, because their policy is adverse to all kind of alliances, and because the natural preponderance which a first-cla.s.s power, as they are, has to exercise in the deliberations, might embarra.s.s the action of the congress." So far as definite results were concerned, this congress at Lima was of no greater importance than its predecessors.

The French invasion of Mexico and the war between Spain and the republics on the west coast of South America in 1865-66 brought about a realization of their danger on the part of the Spanish-American republics and a fuller appreciation of the friends.h.i.+p of the United States. In the war between Spain on the one hand and the allied republics of Peru, Chile, Bolivia, and Ecuador on the other, the United States declared its neutrality as usual, but at an early period of the struggle Secretary Seward offered to mediate between the warring nations. Spain refused to accept this offer, and the war dragged on in a state of "technical continuance" merely. The offer of mediation was again renewed by Secretary Fish, with the result that a conference was held at the State Department in 1870 attended by the representatives of Spain, Peru, Chile, and Ecuador. While it was found impossible to conclude a formal peace, the delegates signed an armistice April 11, 1871, by which the de facto suspension of hostilities was converted into an armistice which was to continue indefinitely and could not be broken by any of the belligerents without three years' notice, given through the government of the United States, of intention to renew hostilities.[276]

Within ten years of the signature of this perpetual armistice, war broke out between Chile, on the one hand, and Peru and Bolivia, on the other (1879-83). The subject of dispute was the nitrate deposits of northern Chile. In 1880 Chile signed with Colombia an arbitration treaty which provided that in case the two parties should be unable in any given case to agree upon an arbitrator, the matter should be referred to the President of the United States. Article III of this treaty was as follows:

The United States of Colombia and the Republic of Chile will endeavor, at the earliest opportunity, to conclude with the other American nations conventions like unto the present, to the end that the settlement by arbitration of each and every international controversy shall become a principle of American public law.

A few weeks later, without waiting for the ratification of this treaty, Colombia issued invitations to the other Spanish-American republics to attend a conference at Panama for the purpose of securing their adherence to the treaty. The failure to include the United States in the invitation to the conference was explained by our minister to Colombia as being due "to the reason that the position a.s.signed to the government of the United States by the proposed treaty is to maintain and exercise a friendly and judicial impartiality in the differences which may arise between the powers of Spanish America."[277] The continuance of the war between Chile and Peru led to the indefinite postponement of the conference.

On November 29, 1881, Secretary Elaine extended "to all the independent countries of North and South America an earnest invitation to partic.i.p.ate in a general congress, to be held in the city of Was.h.i.+ngton on the 24th day of November, 1882, for the purpose of considering and discussing the methods of preventing war between the nations of America." He expressed the desire that the attention of the congress should be strictly confined to this one great object, and he expressed the hope that in setting a day for the a.s.sembling of the congress so far ahead, the war that was then in progress on the South Pacific coast would be ended, and the nations engaged would be able to take part in the proceedings.[278] In this expectation Mr. Blaine was disappointed.

The war between Chile and Peru continued, and the invitations to the conference were withdrawn.

Toward the close of President Cleveland's first administration, the Congress of the United States pa.s.sed an act authorizing the President to invite the republics of Mexico, Central and South America, Haiti, Santo Domingo, and the Empire of Brazil, to join the United States in a conference at Was.h.i.+ngton on October 2, 1889. Among the subjects proposed for discussion were the adoption of a customs union, the improvement of the means of communication between the various countries, uniform customs regulations, a uniform system of weights and measures, laws for the protection of patents and copyrights, extradition, the adoption of a common silver coin, and the formulation of a definite plan for the arbitration of international disputes of every character. When the conference a.s.sembled, Mr. Blaine was again secretary of state, and presided over its opening sessions. The conference formulated a plan for international arbitration and declared that this means of settling disputes was "a principle of American international law." Unfortunately this treaty was not ratified by the governments whose representatives adopted it. The most lasting achievement of the conference was the establishment of the Bureau of American Republics in Was.h.i.+ngton. While the conference was in session Brazil went through a bloodless revolution, which converted the empire into a republic. Thus disappeared the only independent monarchy of European origin which ever existed on American soil.

Scarcely had the Was.h.i.+ngton conference adjourned, when the United States and Chile got into an ugly wrangle and were brought to the verge of war over an attack on American sailors on sh.o.r.e leave at Valparaiso. During the civil war between President Balmaceda and the Congressional party, the American minister, Mr. Egan, admitted to the American legation certain adherents of the President. The people of Chile resented the action of the American minister, and were further aroused against the United States by the detention of the _Itata_, a vessel which left San Diego, California, with a cargo of arms for the Congressional party and was overhauled by an American wars.h.i.+p. The United States cruiser _Baltimore_ was lying in the harbor of Valparaiso when news of this incident was received. Members of her crew who happened to be on sh.o.r.e leave were attacked by the populace and several of them killed. As this attack upon American sailors appeared to be due to resentment against the official acts of their government, an apology was immediately demanded, but refused. After considerable delay, President Harrison had just laid the matter before Congress when a belated apology from Chile arrived, and war was fortunately averted. The charge that the United States had interfered in behalf of one of the parties in a civil strife created an unfavorable impression throughout Latin America and counteracted, to a considerable extent, the good effects of the Was.h.i.+ngton conference.

The Second International American Conference was held in the city of Mexico 1901-02. This conference arranged for all Latin-American States to become parties to the Hague Convention of 1899 for the pacific settlement of international disputes, and drafted a treaty for the compulsory arbitration of pecuniary claims, the first article of which was as follows:

The High Contracting Parties agree to submit to arbitration all claims for pecuniary loss or damage which may be presented by their respective citizens, and which cannot be amicably adjusted through diplomatic channels and when said claims are of sufficient importance to warrant the expenses of arbitration.

This treaty was signed by the delegates of seventeen states, including the United States of America.[279]

The Third International American Conference was held at Rio de Janeiro in 1906. Among other things it extended the pecuniary claims convention drafted by the previous conference for another period of five years, and recommended to the governments represented that they invite the Second Hague Conference, which had been called for 1907, "to examine the question of the compulsory collection of public debts, and, in general, means tending to diminish between nations conflicts having an exclusively pecuniary origin."[280] Added significance was given to the Rio conference by the presence of Secretary Root who, although not a delegate, made it the occasion of a special mission to South America.

The series of notable addresses which he delivered on this mission gave a new impetus to the Pan American movement.

The Fourth International American Conference was held at Buenos Aires in 1910. It drafted treaties relating to patents, trade-marks, and copyrights. It extended the pecuniary claims convention for an indefinite period. And finally, it enlarged the scope of the Bureau of American Republics and changed its name to the Pan American Union.[281]

A fifth conference was called to meet at Santiago, Chile, in 1914, but was postponed on account of the European war.

The conferences above described were political or diplomatic in character. Besides these there have been held two Pan American scientific congresses in which the United States partic.i.p.ated, one at Santiago, Chile, in 1908, and one at Was.h.i.+ngton, December, 1915, to January, 1916. There have also been held two Pan American financial conferences in the city of Was.h.i.+ngton, the first in May, 1915, and the second in January, 1920. These conferences have accomplished a great deal in the way of promoting friendly feeling and the advancement of science and commerce among the republics of the Western Hemisphere. The First Financial Conference recommended the establishment of an International High Commission, to be composed of not more than nine members resident in each country appointed by the Minister of Finance of such country for the purpose of carrying on the work of the conference.

This recommendation was adopted by the various countries, and the Congress of the United States, by act of February 7, 1916, authorized the establishment of a section in this country. The International High Commission carries on its labors largely through the various national sections. Its first general meeting was held at Buenos Aires in April, 1916.

The American Inst.i.tute of International Law, organized at Was.h.i.+ngton in October, 1912, is a body which is likely to have great influence in promoting the peace and welfare of this hemisphere. The Inst.i.tute is composed of five representatives from the national society of international law in each of the twenty-one American republics. At the suggestion of Secretary Lansing the Inst.i.tute at a session held in the city of Was.h.i.+ngton, January 6, 1916, adopted a Declaration of the Rights and Duties of Nations, which was as follows:

I. Every nation has the right to exist and to protect and to conserve its existence; but this right neither implies the right nor justifies the act of the state to protect itself or to conserve its existence by the commission of unlawful acts against innocent and unoffending states.

II. Every nation has the right to independence in the sense that it has a right to the pursuit of happiness and is free to develop itself without interference or control from other states, provided that in so doing it does not interfere with or violate the rights of other states.

III. Every nation is in law and before law the equal of every other nation belonging to the society of nations, and all nations have the right to claim and, according to the Declaration of Independence of the United States, "to a.s.sume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's G.o.d ent.i.tle them."

IV. Every nation has the right to territory within defined boundaries, and to exercise exclusive jurisdiction over its territory, and all persons whether native or foreign found therein.