Reciprocity treaty

“ 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. ”

“ When you make a reciprocity treaty with Country A, agreeing to receive certain products from that country at less than our tariff schedules, you are immediately confronted by Country B, which is equally friendly with us, treats us as well or perhaps better, and to which we cannot with good grace refuse the same. ”

“ With such nations, the only wisdom is, to conclude treaties, not of reciprocity, but of commerce; that is, treaties in which, in consideration of certain branches of our manufactures being admitted on favourable terms, we agree to admit certain articles of their produce on equally advantageous conditions. Thus, a treaty, by which we agreed to admit, for a moderate duty, the wines of France, which we can never rival, in return for their admitting our iron and cotton goods on similar terns, would be a measure of equal benefit to both countries. ”

“ To accomplish this, little more is generally required than a simple observance of the rule of reciprocity, and were it possible for the statesmen of one nation by stratagem and management to obtain from the weakness or ignorance of another an overreaching treaty, such a compact would prove an incentive to war rather than a bond of peace. Our conventions with Great Britain are founded upon the principles of reciprocity. The commercial intercourse between the two countries is greater in magnitude and amount than between any two other nations on the globe. ”

“ The Legislature, for certain causes,—perhaps to compel a foreign nation to form a treaty on terms of reciprocity,—may prohibit all intercourse, or embarrass that intercourse with regulations so burdensome as to produce the same effect; the foreign nation finally becomes willing to treat, and to establish an intercourse on equitable terms. If, in this case, the Treaty power cannot touch the laws of the Legislature, the object which gave rise to those very laws can never be attained; no Treaty can be formed, because it will oppose existing laws ”

“ Since my last annual message the exchange has been made of the ratification of a treaty of commerce and navigation with Belgium, and of conventions with the Mexican Republic for the further extension of the joint commission respecting claims; with the Hawaiian Islands for commercial reciprocity, and with the Ottoman Empire for extradition; all of which have been duly proclaimed. ”

“ On the other hand, treaties of amity, of alliance, and the like, having a political character, the object of which 'is to promote relations of harmony between nation and nation,' are generally regarded as belonging to the class of treaty stipulations that are absolutely annulled by war. ”

“ Enough has been said to show, that, if such a sovereignty could be exercised after a treaty has been signed, it would be a power to change materially the relations which the people of a ceded territory had to each other ”

“ By the constitution, laws made in pursuance thereof, and treaties made under the authority of the United States, are both declared to be the supreme law of the land, and no paramount authority is given to one over the other. A treaty, it is true, is in its nature a contract between nations, and is often merely promissory in its character, requiring legislation to carry its stipulations into effect. ”

“ If on the principles of the law of nations, or national faith, one treaty should be held more sacred than another, that of 1819 stands in bold relief as a settlement of past controversies, on mutual considerations and stipulations, so dependent on each other, that the non-performance by either party of any part, would necessarily defeat the whole object and effect of the treaty, and renew old disputes. ”

“ No nation looks, in its intercourse, under a treaty, with another to any but the executive government. Every nation has a right to say with what act she will be satisfied as fulfilling a treaty stipulation, the other party to the treaty reserving the same right. ”

“ It is very difficult to understand how any different doctrine can be sustained. A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties to it. ”

“ The fact is that when two nations like Great Britain and the United States, mutually desirous, as they are, and I trust ever may be, of maintaining the most friendly relations with each other, have unfortunately concluded a treaty which they understand in senses directly opposite, the wisest course is to abrogate such a treaty by mutual consent and to commence anew. ”

“ Shall less prudence, less caution, less moderation, take place among those who negotiate treaties for the United States, than among those who negotiate them for the other nations of the earth? And let it be attended to, that, even in the making of treaties, the states are immediately represented, and the people mediately represented; two of the constituent parts of government must concur in making them. Neither the President nor the Senate, solely can complete a treaty; they are checks upon each other, and are so balanced as to produce security to the people. ”

“ By the Law of Nations, in the absence of any express stipulation, a treaty is of perpetual obligation on both parties,—to be abrogated only by a new treaty having the assent of both parties, or by the act of one party, alleging bad faith or hostile intent in the other, and on this account declaring before the civilized world a release from all its obligations. ”

“ The analogy between treaty-making and legislation is striking when a congress agrees upon general principles which are afterwards accepted by a large number of states, as, for instance, in the case of the Geneva conventions for improving the treatment of the wounded. Many political treaties containing “transitory conventions,” with reference to recognition, boundary or cession, become, as it were, the title-deeds of the nations to which they relate. [2] But the closest analogy of a treaty is to a contract in private law. ”

“ Chairman, I conceive that neither the life nor property of any citizen, nor the particular right of any state, can be affected by a treaty. The lives and properties of European subjects are not affected by treaties, which are binding on the aggregate community in its political, social capacity. ”

“ Am I borne out in this declaration by the clause referred to? That I am, seems to me susceptible of demonstration. To the President and Senate has been imparted the power of making treaties. Well, what is a treaty? If a word have a known signification by the common consent of mankind, and it be used without any qualification in a law, constitution, or otherwise, the fair inference is that the received import of such word is intended to be conveyed. ”

“ A "personal treaty," having reference to dynastic interests, is contrasted with a "real treaty," which binds the nation irrespectively of constitutional changes; treaties creating outstanding obligations are opposed to "transitory conventions," e.g., for cession of territory, recognition of independence, and the like, which operate irrevocably once for all, leaving nothing more to be done by the contracting parties; and treaties in the nature of a definite transaction (Rechtsgeschäft) are opposed to those which aim at establishing a general rule of conduct (Rechtssatz) . ”

“ Those treaties discover the politician founded on the philosopher, and a harmony of affections made the groundwork of mutual interest. France has won us more powerfully than any reserved treaties could possibly bind us, and by one generous and noble act has sown the seeds of an eternal friendship.
It is from an anxiety to preserve inviolate this cordial union, so happily begun, that we desire your particular attention to the 11th and 12th articles of the treaty of amity and commerce. ”

“ It is to be considered, that treaties constitute solemn compacts of binding obligation among nations; and unless they are scrupulously obeyed, and enforced, no foreign nation would consent to negotiate with us; or if it did, any want of strict fidelity on our part in the discharge of the treaty stipulations would be visited by reprisals, or war. [11] It is, therefore, indispensable, that they should have the obligation and force of a law, that they may be executed by the judicial power, and be obeyed like other laws. ”

“ The true position, as I understand it, is that a treaty need not be pending; that the President of the United States represents the Nation, and has the right to negotiate a treaty and to protect the dignity of the Nation while it is being negotiated. ”

“ The National Government, by virtue of its control of our foreign relations is entitled to employ the resources of diplomatic negotiations and to effect such an international settlement as may be found to be appropriate, through treaty, agreement, of arbitration, or otherwise. ”

“ A newly independent State may also exercise, under the same conditions as the other parties or contracting States, any right provided for in the treaty to withdraw or modify any consent expressed or choice made by itself or by the predecessor State in respect of the territory to which the succession of States relates. ”

“ An article of a treaty of commerce cannot annul an article so essential of a treaty of peace, and both are expressly comprehended in the principal treaty of alliance of 1678, by which your High Mightinesses are obliged to furnish to his Majesty the succors, which he now demands. You are too just and too wise not to feel, that all the engagements between powers ought to be mutually and reciprocally observed, and although contracted in different periods, they oblige equally the contracting parties. ”

“ The idea of a requisition of a foreign nation upon the judiciary of another, much more upon the humble magistrate of another, demanding, as of right, the fulfilment of treaty obligations, is certainly novel, and one that I would not willingly attribute to the distinguished men who negotiated this one, nor to the governments that ratified it. So extraordinary an interpretation ought not to be given to the instrument, unless upon the plainest and most imperative terms. ”

“ The powers embraced by, or appertaining to foreign relations, are left to be regulated by the treaty-making power, or by Congress; and, if by the latter, are enumerated and specifically delegated. They embrace a large portion of its powers. But those relating to the exterior relations of the States among themselves, with few exceptions, are regulated by provisions inserted in the constitution itself. To this extent, it is, in fact, a treaty — under the form of a constitutional compact — of the highest and most sacred character. ”

“ Thus, if the disputed territory and its inhabitants and proprietors, 'are excepted places' and 'persons;' then there has been no cession to the United States by the king, and no confirmation of his grants stipulated for by the treaty; both nations stand towards each other on their original right, and the rights of individuals to property remain as if no treaty had been made, and negotiation still continued; whereas, if the territory west of the Perdido, is ceded by the treaty, every clause has full effect. ”

“ That which is here said to be the only legitimate basis of a treaty is one, which if admitted and acted upon, would make it impossible that any treaty should ever be formed. It is a basis, not of lasting peace, but of endless war. To call that the basis of a treaty which precludes the possibility of any concession or compensation, of every consideration either of the right or power of each party to retain its actual acquisitions, is one of those misnomers which the gravity of Vetus’s manner makes his readers overlook. ”

“ Paasche, ‘that the government will undertake a thorough revision of all the treaties containing the most favored-nation clause. Promises of this kind were made to us in committee. We have absolutely no occasion to concede anything to such nations as are glad to take what we give by treaty to other countries without making us any concessions in return. The United States has introduced a limitation of the most-favored-nation clause; we have every reason to act in precisely the same manner. ”

“ When, under the terms of the treaty or by reason of the limited number of the negotiating States and the object and purpose of the treaty, the participation of any other State in the treaty must be considered as requiring the consent of all the parties or of all the contracting States, the newly independent State may establish its status as a party or as a contracting State to the treaty only with such consent. ”

“ Absolute justice introduced into a treaty would only be baffled or violated by the rival interests of the parties: the perfection of a treaty, therefore, is not to be an embodiment of ideal justice, but to express with accuracy, and to consolidate an effectual balance of power between the contracting parties. ”

“ The great principle in both treaties is a perfect equality and reciprocity ; no advantage to be demanded by France, or privileges in commerce, which the States may not grant to any and every other nation. ”

“ The Plenipotentiaries of North Germany, of Austria-Hungary, of Great Britain, of Italy, of Russia, and of Turkey, assembled to-day in Conference, recognize that it is an essential principle of the law of nations that no Power can liberate itself from the engagements of a treaty, nor{544} modify the stipulations thereof, unless with the consent Powers by means of an amicable arrangement. ”