Treaty of alliance

“ It is thus that the King fulfils, and proposes to fulfil, the duties resulting from Articles 1st and 8th of the treaty of alliance, by urging on one side the United States to participate in the negotiation, which can conduct to the conclusion of a truce and of a peace, by making common cause with the said States, and on the other side, by enabling the two allies mutually to assist each other by their good offices, their councils, and their forces, as circumstances may require ”

“ Not to celebrate treaties of limits or of other territorial arrangements, without the other Contracting Party first knowing of same. Article IX. The stipulations of the present Treaty do not extend to acts performed by political parties or the result of internal disturbances independent of foreign Governments; inasmuch as the principal object of the present Treaty of Alliance being the mutual guarantee of the sovereign rights of both nations, none of its clauses must be interpreted in opposition to its primary ends. ”

“ An alliance is a union between two or more nations, by a treaty, or contract, for their mutual benefit. Confederation and alliance, have nearly the same meaning. If the states, separately, were allowed to make treaties or form alliances with foreign powers, the rights and interests of one state might be injured by the treaties made by another state. As the states united constitute but one nation, it is obvious that the power to treat with other nations properly belongs to the general government. If the states also had the power, they might counteract the policy of the national government. ”

“ 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. ”

“ The truth is, he said also, that “this nation is fond of glory, particularly that of protecting the oppressed.” [11]
The treaty of commerce, accompanying the treaty of alliance of 1778, [12] had been in itself a justification of this judgment. Help from abroad was so pressingly needed in America that almost any advantages requested by France as a condition would have been granted; but that strange sight was seen: advantages being offered, unasked, by one party, and declined by the other. ”

“ Assistance may, further, be rendered in money only, so that one of the allies is fighting with his forces while the other supplies a certain sum of money for their maintenance. A treaty of alliance of such a kind must not be confounded with a simple treaty of subsidy. If two States enter into a convention that one of the parties shall furnish the other permanently in time of peace and war with a limited number of troops in return for a certain annual payment, such convention is not an alliance, but a treaty of subsidy only. ”

“ By the treaty of commerce with France we were bound to admit her privateers and prizes to our ports; and here, as any one could see, and as the sequel amply proved, was a fertile source of dangerous complications. Then by the treaty of alliance we guaranteed to France her West Indian possessions, binding ourselves to aid her in their defense; and a proclamation of neutrality when France was actually at war with a great naval power was an immediate and obvious limitation upon this guarantee. ”

“ There is nothing absurd or impracticable in the idea of a league or alliance between independent nations, for certain defined purposes precisely stated in a treaty; regulating all the details of time, place, circumstance, and quantity; leaving nothing to future discretion; and depending for its execution on the good faith of the parties. Compacts of this kind exist among all civilized nations, subject to the usual vicissitudes of peace and war, of observance and non-observance, as the interests or passions of the contracting powers dictate. ”

“ France, which had for over a year kept up a wavering policy, now entered into a treaty of alliance with the United States, in which it was agreed that if war should break out between France and England during the existence of the war in America, it should be made a common cause, and that neither of the contracting parties should conclude peace with England without obtaining formal consent of the other. ”

“ Why may not a compact, or agreement between states, be perpetual? If it may not, what shall be its duration? Are not treaties often made for short periods, and upon questions of local interest, and for temporary objects? [2]
§ 1397. Perhaps the language of the former clause may be more plausibly interpreted from the terms used, "treaty, alliance, or confederation," and upon the ground, that the sense of each is best known by its association (noscitur a sociis) to apply to treaties of a political character; such as treaties of alliance for purposes of peace and war ”

“ ARTICLE II. In consequence of which treaties, and in order to establish firmly this union and correspondence, their Britannic, most Christian, and Catholic Majesties promise and engage, by the present defensive treaty of alliance, to guaranty reciprocally their kingdoms, states, and dominions under their obedience, in what parts of the world soever situate, as also the rights and privileges of their commerce, the whole according to the treaties ”

“ Article I. The Contracting Parties will unite and join to mutually guarantee their independence, sovereignty, and the integrity of their respective territories, binding themselves by the terms of the present Treaty to defend themselves against all foreign aggression, whether proceeding from another or other independent States, or from a force, without a flag, owing obedience to no recognized Power. ”

“ ALLIANCE, in international law, aleague between independent states, defined by treaty, for the purpose of combined action, defensive or offensive, or both. Alliances have usually been directed to specific objects carefully defined in the treaties. ”

“ There is no alliance or agreement in the world that can be regarded as effective if it is not fastened by the bond of the common and reciprocal interests; if in any treaty the advantage is all on one side and the other gets nothing, this disproportion destroys the obligation. ”

“ But since they do not do this, surely it would not be bad policy, even if we gave up more to France in other respects, to prevent her appearing in the treaty as in any respect the champion of America, or as having made any claims for her; we giving her up everything she wants equally, and her future confidence and alliance being such an object to us. ”

“ In fine, it is indispensable to add to these considerations, that when any doubt arises as to the expressions, the extent and the application of the stipulations of a treaty, the laws of reason, and of universal justice, as well as the rules of a good and faithful alliance, decide, that an ally has no right to interpret it arbitrarily and partially ”

“ Resolved to co-operate closely with one another as well as with the other United Nations in preserving peace and resisting aggression, in accordance with the Charter of the United Nations and in particular with Articles 49, 51, 52, 53 and 107 thereof;
Determined to collaborate in measures of mutual assistance in the event of any renewal of German aggression, while considering most desirable the conclusion of a treaty between all the Powers having responsibility for action in relation to Germany with the object of preventing Germany from becoming again a menace to peace ”

“ Having already made an extract from, both declarations of war, I shall here give a translation of the eighth article in the grand alliance, which will put this matter out of dispute.
THE EIGHTH ARTICLE OF THE GRAND ALLIANCE.
WHEN the war is once undertaken, none of the parties shall have the liberty to enter upon a treaty of peace with the enemy, but jointly and in concert with the other. ”

“ His Majesty thinks, while fulfilling the duties of the alliance by this confidential communication, that he ought to invite and urge Congress to furnish immediately with the necessary powers and instructions the person or persons whom they shall think proper to authorise to assist in the deliberations, and in the conclusion and signing of the treaty. His Majesty trusts that Congress will perceive the inestimable value of time in a juncture so critical and so important; and that the injuries caused by any delay would be irreparable both to the alliance and the allies. ”

“ Having regard to the Treaties of Alliance and Mutual Assistance which they have respectively concluded with the Union of Soviet Socialist Republics;
Intending to strengthen the economic relations between the two countries to their mutual advantage and in the interests of general prosperity ”

“ Your present negotiation about peace falls in very well to aid a proposition, which I am instructed to make, as soon as the Court of Versailles shall judge proper, of a triple or quadruple alliance. This matter, the treaty of commerce, which is now under deliberation, and the loan, will render it improper for me to quit this station, unless in case of necessity. If there is a real disposition to permit Canada to accede to the American association, I should think there would be no great difficulty in adjusting all things between England and America, provided our allies are contented too. ”

“ They have consequently resolved to renew, by a solemn Treaty signed separately by each of the 4 Powers with each of the 3 others, the engagement to preserve against every attack, the order of things so happily established in Europe, and to determine upon the most effectual means of fulfilling that engagement, as well as of giving it all the extension which the present circumstances so imperiously call for. ”

“ After the departure of the English army according to the treaty, should assistance against foreign invasion be at any time demanded, they (the English Government) shall not delay. Between (the Governments) friendship and good-will shall exist; and we will not make a treaty with any but the above-mentioned English Government. And in case the Governor-General of India should not agree to this proposal, we are at liberty to form an alliance with any other power. ”

“ The reason is plain; one power may make war; it requires two to make peace. It is a state of mutual amity succeeding hostility; it is a state that cannot be created but with the consent of both parties. It required a contract or a treaty between the nations at war. Is this peculiar to a treaty of peace? No; it is common to all treaties. It arises out of their nature, and not from any incidental circumstance attaching itself to a particular class. It is no more or less than that Congress cannot make a contract with a foreign nation. ”

“ When the President advanced this extraordinary theory of the nature of a preliminary treaty during a conversation, of which I made a full memorandum, I told him that it was entirely wrong, that by whatever name the document was called, whether it was "armistice," "agreement," "protocol," or "modus," it would be a treaty and would have to be sent by him to the Senate for its approval. I said, "If we change the status from war to peace, it has to be by a ratified treaty. There is no other way save by a joint resolution of Congress." ”

“ 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. ”

“ Morris, you should be proud of your great state. Its reception into the Union was a precedent which may have far-reaching effects hereafter, when the Pole and the Tropics may hold alliance to the Stars and Stripes. The power of Treaty may yet prove a vast engine of enlargement, when the Monroe doctrine takes its true place as a political fable. ”

“ 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. ”

“ Thus it is proposed that we go back to old-fashioned military alliances, with all the acknowledged evils they present in inciting rival alliances, with all the consequent tug and pull of balances of power, all to avoid tarnishing the bright luster of the sovereignty doctrine. It does not matter that the alliance proposed is wise and benevolent, nor that it may be the first practical step toward a genuine association of nations, to whose limited sphere of authority over international peace all nations will be subordinated. ”

“ More and more readily each decade do the nations manifest their willingness to bind themselves by solemn treaty to the processes of peace, the processes of frankness and fair concession. So far the United States has stood at the front of such negotiations. She will, I earnestly hope and confidently believe, give fresh proof of her sincere adherence to the cause of international friendship by ratifying the several treaties of arbitration awaiting renewal by the Senate. ”

“ The present Article and the Annex hereto shall not apply to contracts the parties to which became enemies by reason of one of them being an inhabitant of territory of which the sovereignty has been transferred, if such party shall acquire, under the present Treaty, the nationality of an Allied or Associated Power, nor shall they apply to contracts between nationals of the Allied and Associated Powers between whom trading has been prohibited by reason of one of the parties being in Allied or Associated territory in the occupation of the enemy. ”