Negotiability

“ A coming together as a result of conditions, and a working and striving in the same direction owing to circumstances is just as little a contract, an alliance or a compromise, as the reciprocal touching of the pieces of glass in a kaleidoscope is a contract, an alliance or a compromise. ”

“ For every occasion on which deceit has been practised, there are a dozen on which the negotiation has followed the obvious course of a practical discussion in which ‘the application of intelligence and tact’ led to an agreement. In substance, therefore, diplomacy demands the same qualities as any other form of negotiation. ”

“ As a negotiator, the success with which, out of elements so jarring and distracted, he created an harmonious system of society and law, is an unanswerable evidence not more of the soundness of his theories than of his practical knowledge of mankind. ”

“ A nation, with which we might have a treaty of commerce, could with much greater facility prevent our forming a connection with her competitor in trade; though such a connection should be ever so beneficial to ourselves. ”

“ Why submit to a tardy, uncertain negotiation, as the only means of regaining what you have lost: a negotiation with those who have wronged you; with those who declare they have no right, at the moment they deprive you of yours? When in possession, you will negotiate with more advantage. ”

“ I have reason to believe, that you will find a favorable disposition where you wish. There is no Court in Europe, at which secrecy will so much recommend a negotiator, as that to which you are destined. Insomuch, that as far as you can keep the capital parts of your negotiation entirely to your own breast, you will have reason to think it prudent. You are to negotiate with a people of honor and a Ministry of wisdom. They will propose fairly and perform faithfully. You will not be embarrassed by intrigue, at least, none of Spanish origin, nor will it be advantageous to employ any. ”

“ In negotiations between two independent states, it is sheer impertinence for one of the parties to claim that the other should do that which is a matter of internal action, however wise and good the policy might be. ”

“ Men may continue work after a collective agreement expires and, despite negotiation in good faith, the negotiation may be deadlocked or delayed; in the interim express or implied individual agreements may be held to govern. ”

“ Above all, at the commencement of a negotiation, as I have said, it is necessary in any long and complicated business to present the matter in hand in its easiest and most advantageous light, and so to speak to insinuate all parties into it so that they may be well launched upon the whole enterprise before they are aware of its magnitude. For this purpose the negotiator must appear as an agreeable, enlightened, and far-seeing person; he must beware of trying to pass himself off too conspicuously as a crafty or adroit manipulator. ”

“ The thread of the negotiations, which could not stand still a moment without going back, was in my hands, and before another man could have made himself master of the business much time would have been lost, and great inconveniences would have followed. ”

“ We cannot negotiate with those who say "What's mine is mine and what's yours is negotiable." ”

“ Again, sometimes negotiation results in a party, although it does not acknowledge the opponent's alleged rights, waiving its own rights for the sake of peace and for the purpose of making friends with the opponent. And, lastly, the effect of negotiation can be a compromise between the parties. Frequently the parties, after having come to an understanding, conclude a treaty in which they embody the terms of the understanding arrived at through negotiation. The practice of everyday life shows clearly the great importance of negotiation as a means of settling international differences. ”

“ Is money wanted; how much more easy and cheap to borrow upon the faith of a nation competent to pay, than of a single state of fluctuating policy. Is confidence asked for the faithful fulfilment of treaty stipulations ”

“ He knew that our negotiators would interest us in the affairs of the whole earth, and that no state could either rise or decline in power, either extend or lose its dominions, without affecting politicks, and influencing our councils. ”

“ At the present moment, sir, the people are averse to war, they are satisfied with the steps of the Executive, they wish negotiation. If you adopt these resolutions, they will be still divided; if you negotiate, and fail in that negotiation—if you cannot obtain a redress of the injury which they feel as well as you, they will go all lengths with you, and be prepared for any event; you will have this advantage, you will be unanimous, and America united is a match for the world. ”

“ No negotiation was ever assisted by open or veiled menaces merely for their own sake, and negotiators too often confuse a proud and arrogant bearing with that careful dignity which ought to clothe their office. ”

“ A.'s speech is in truth the only obstacle to negotiation. That humiliating disavowals of that are demanded as a preliminary, or as a commutation for that a heavy sum of money, about a million sterling. ”

“ A treaty, or, to speak more correctly, a negotiation, therefore, according to the acceptation of experienced statesmen learned in these matters, is no longer an attempt to accommodate differences, to ascertain rights, and to establish an equitable exchange of kind offices; but a contest of skill between two powers which shall overreach and take in the other it is a cunning endeavor to obtain by peaceful manoeuvre and the chicanery of cabinets those advantages which a nation would otherwise have wrested by force of arms ”

“ It is not always easy for a negotiator on leaving home to remember how great a difference there is between his own court and that to which he proceeds. For whether the foreign country which is his new home stands on equal terms with his own or whether it be a Power of lower station in the world, the vast differences in national outlook between them must be fully understood before the negotiator can make any progress. ”

“ We who negotiate it are the persons whom it most concerns to obtain it, and we are persons whose arrangements, be they what they will, our states will ratify. All we want is a disposition not averse from peaceful counsels. ”

“ Those matters which in negotiations usually require the most secrecy and the most despatch, are those preparatory and auxiliary measures which are not otherwise important in a national view, than as they tend to facilitate the attainment of the objects of the negotiation. ”

“ The members of a state or community, cannot from necessity, be considered as parties to a contract, where the assent of every man is necessary to bind him to a performance of the engagement. But the several States, enter into a negociation like contracting parties; they agree that the assent of every individual State, shall be requisite to bind that State ”

“ For this purpose when negotiations are on foot between two sovereigns, one the greater and the other the less, the more powerful of these two should make the first advance, and even undertake a large outlay of money to bring about the union of interests with his lesser neighbour, for his own self-interest will show him that he has really the greater object and the larger advantages in view, and that any benefits he may confer or subsidies which he may grant to his weaker ally will be readily repaid by the success of his designs. ”

“ If A, B, and C debate whether they shall employ an agent to perform for them a certain service, and if, whilst A and B agree to do so, C dissents, C cannot equitably be made a party to the agreement in spite of himself. ”

“ A demand, by which nothing less is required than that all the secrets of our government should be made publick.
It is known in general to every man, whose employment or amusement it has been to consider the state of the French kingdoms, that the last twenty years have been a time not of war, but of negotiations; a period crowned with projects, and machinations often more dangerous than violence and invasions; and that these projects have been counteracted by opposite schemes, that treaties have been defeated by treaties, and one alliance overbalanced by another. ”

“ All of us understand the meaning of the term. It implies that when two parties differ upon a subject of common interest, each is to yield something to the other, until both reach an agreement upon a middle ground, and the difference is settled. But one consequence always follows, always must follow, or it is in nowise a compromise: Both parties are bound by the agreement. ”

“ And especially where there is more than one party to the negotiation the astute diplomatist will be able to exploit the foibles of each of the other two parties, and yet to flatter each in turn for his reasonable and statesmanlike attitude. ”

“ The art of negotiation with princes is so important that the fate of the greatest states often depends upon the good or bad conduct of negotiations and upon the degree of capacity in the negotiators employed. ”

“ Then, we having taken what steps will best tend to our security, and give us the best hold of our enemy, let us not, however, lose sight of a settlement by negotiation. Let us show mankind that peace is our first wish. When we are thus prepared, let us step forward to an amicable negotiation. Let us call on the Executive to send forward some proper person to the Court of Great Britain, to assure them that we have a high sense of the injury done us; that we have it in our power to resent it, but wish to see the difference settled by receiving an indemnification. ”

“ Let him read the memoirs of great men, the instructions and despatches of all our ablest negotiators, both those which are printed in public books and those which are stored in manuscripts in our Office of Public Records, for these documents treat of great affairs, and the reading of them will convey not only facts which are important for the making of history, but also a sense of the true atmosphere of negotiation, and will thus help to form the mind of him who reads them and give him some clue to guide him in similar occasions on his own career. ”

“ It is but becoming that weighty negotiations should be spread over many days, that the same requests and arguments should be repeated in the same words, at many successive interviews, and receive the same evasive answers. ”

“ Finding that no bill that could be prepared could stand the ordeal of public discussion, a treaty has been negotiated, the terms of which seem to be known to none but the negotiators, and that treaty has been sent to your House of Congress, there to be discussed in secret session by a number of gentlemen, most of whom have given little attention to the general principle involved, while not even a single one can be supposed qualified to judge of the practical working of the provisions by whose aid the principle is to be carried out. ”

“ You will proceed to negotiate, with his minister, the terms of a treaty of amity and commerce, as nearly conformed as possible to the draught we give you. Where alterations, which, in your opinion, shall not be of great importance, shall be urged by the other party, you are at liberty to agree to them. Where they shall be of great importance, and such as you think should be rejected, you will reject them ”

“ An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable. ”

“ The one essential difference between a high commercial negotiation and a diplomatic transaction is that in the former the contracting parties are constrained to observe certain rules, and are bound not only by certain strict conventions but by enforceable laws ”

“ The real difficulty in the way of negotiating profitable reciprocity treaties is that we have given freely so much that would have had value in the mutual concessions which such treaties imply. I can not doubt, however, that the present advantages which the products of these near and friendly States enjoy in our markets, though they are not by law exclusive, will, with other considerations, favorably dispose them to adopt such measures, by treaty or otherwise, as will tend to equalize and greatly enlarge our mutual exchanges. ”

“ The practised negotiator will know how to employ the circumstances of his life and of the lives of those around him in such a manner as to lead them naturally and without restraint to talk of the conditions and affairs of their own country, and the more extended his view and the wider his knowledge the more surely will he thus gather important news every day of his life. ”

“ If any dispute arises between two or more of the Contracting Parties concerning the interpretation or application of the present Treaty, those Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. ”

“ You will negotiate with very little success, if you do not, previously, by your manners, conciliate and engage the affections of those with whom you are to negotiate. Can you ever get into the confidence and the secrets of the courts where you may happen to reside, if you have not those pleasing, insinuating manners, which alone can procure them? ”

“ I will not, within five years after termination of my personal and substantial participation in a trade negotiation, represent, aid or advise any foreign government, foreign political party or foreign business entity with the intent to influence a decision of any officer or employee of any executive agency, in carrying out his or her official duties. ”