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Treaty

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TREATY, an agreement, league or con tract between two or more nations formally signed by commissioners properly authorized, and ratified by the supreme power of each state. Treaties are not admissible by sub ordinate States, for instance, New York State cannot make any binding 'treaty with Canada, as that is the province of the Federal govern ment at Washington. • The conditions that govern or should govern treaties are defined in INTERNATIONAL LAW (Q.V. ) . The treaty making power of the United States is vested in the President, though the work of treaty-mak ing falls to the office of the Secretary of State. It is usual for the President to seek the ad vice of the Senate in making a treaty, in order that it may receive their prompt ratification. The Senate has the right to return a treaty for amendment or reject it. When the Senate ratifies, the President, through the Secretary of State, may sign and conclude the treaty. A treaty so made overrides all State laws, even their constitutions, but it cannot deprive individuals of their constitutional rights. Where a treaty involves a payment of money the House of Representatives, where all appropri ation bills must originate, has claimed a right to participate; but this claim remains disputed. In France the President makes treaties. In countries where there is a sovereign it is usu ally his privilege, though he may be held in check by legislative power. Treaties of alliance are common, as the well-known alliance be tween , Great Britain and Japan made in 1902 and extended in 1905. which resulted in bring ing Japan into the World War. Treaties re garding boundaries and distribution of terri tory are also common; submission of differ ences to arbitration; trade agreements; navi gation and fishing regulations; exchange of moneys, mail, etc.; protection of copyrights; return of criminals; adoption of rules of inter national law; adoption of recommendations of The Hague Peace Tribunal.

Some famous treaties are Westphalia Treaty, closing the Thirty Years' War, in 1648, in which most of the nations of Continental Europe participated; Peace of Utrecht. a ser

ies of treaties between 1713 and 1715, be tween France, as opposed to England, Hol land, Prussia, Savoy and Portugal; treaty of independence of the United States, accepted by Great Britain at Paris in 1783; the parti tion of Poland in 1772 and again in 1793; the separation of Belgium and The Netherlands, made at London 1831 and modified 1839; ces sion of part of Lombardy to Sardinia in 1859; dissolving the German Confederation and es tablishing of the North German Confedera tion with full recognition by Austria, the trans fer of Schleswig-Holstein to the new confed eration and ceding the balance of Lombardy to Italy in 1866; Treaty of Frankfort, being new treaty of France and the German Empire af ter the War of 1871; settlement of territory growing out of Spanish-American War, be tween United States and Spain, 1899; Russo Japanese treaty of peace at Portsmouth, United States of America, 1905; the German Peace treaty signed at Versailles, 1919. Various agreements tending to mitigate the horrors of war have been incorporated in treaties on numerous occasions. Guarantees for the per formance of conditions in treaties are usually demanded and formerly it was customary to give hostages. International law has been framed as the recorded customs governing civilized nations in carrying out their treaties. Refusal to abide by a treaty is a cause of war, since treaties bind both parties until mutually abrogated. It is generally conceded that a war wipes out all previ ous treaties between the parties and that they have to be made again to come into force. If a state change its government, as in going from a monarchy to a republic, all treaties are void and have to be remade with the new gov ernment to be effective. Consult 'Treaties, Conventions, Etc., Between the United States of America and Other Powers, 1776-1909' (Washington 1910); Herslet's 'British and Foreign State Papers' (London); Albin, P., (Les Grandes Traites Politiques' (Paris 1911); Crandall, S. B., 'Treaties: Their Making and Enforcement) (Washington 1915). See HAGUE