Contributions of United States Diplomacy in Latin America to Hemispheric Solidarity

Citation preview

CONTRIBUTIONS OF UNITiiD

WS/CEJSSi' tlfIS M k S t

IN LATIN AMERICA

TO HE!4ISFHSRI€- SOLIDARITY

by

Donald Harter

A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, in the Department of Political Science, in the Graduate College of the State University of Iowa

May, 1942

ProQuest N um ber: 10984059

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AOKHOWLEDGBI®517 . A,

The writer wishes to express his appreciation to John Ely Briggs, who has been a constant help in the

\

planning and writing of this study, and to Kirk B# Porter and Jacob Van der Zee who hare offered valuable sugges­ tions as members of the advisory committee*

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PREFACE This dissertation lias been written in troubled times in which any normal estimate of international prob­ lems has been overshadowed by the terrifying exigencies of the second world war* Under such conditions the trend to­ ward unification of ideals and solidarity of action among the republics of the Western Hemisphere arouses conflicting opinions as to the value and permanence of such ties* The problem of inter-American solidarity is a phase of the grander question confronting the citizens of all countries today! what hind of a world order do people want?

This vital query dominates their thinking and acting#

Xt outs a straight path through the maze of argument about what has been and asks what might be. And further, the spirit of the times prompts many to change the question into an imperative of: what must be# Such resolves are worthy of serious consideration because popular thinking wields great influence in shaping ©vents*

The feeling about the whole

system of international controls has become so intensified by the heat of the times that the ordinary warnings and ob­ jections of isolationists are quickly swept aside In the urgent search for a better international scheme of things# The stimulus of events fires m©n*s imagination© to conceive of better plans for organizing world society in the post-war era#

Iv

One of the probable requisites of a different system would be the curtailment of some of the prerogatires of national sovereignty— a revision of the old con­ cepts of the pure independence of the nation state*

A

country no longer exercises free will in a world in which the whole economic structure is an interdependent, organic unit*

let that nation which still holds a brief for unde­

filed sovereignty show how it can remain immune from the consequences of the present worldwide conflagration!

A

Certain amount of stalwart nationalism may be necessary for the defense of political systems against aggression, but it should not be allowed to stand in the way of the collaboration necessary to make common defense effective* Applying this lesson to the Western Hemisphere Z* Fred Hip­ py said, "By refusing to limit our sovereignty we may lose it entirely*

A divided America may suffer the fate of a

divided E u r o p e 1 There is the growing conviction among many peo­ ples of diverse political creeds that unification is the answer to the world1s ills*

Some go so far as to use the

phrase "inevitable unification"*

The nub of the question

then seems to be whether this centralisation of controls shall come about through voluntary action or by force of conquest*

The answer of democratic thinkers is obviously

in favor of conscious, voluntary planning*

V

this subject finds a pertinent focus in the con­ sideration of hemispheric solidarity#

The discernible

trend of the last five decade© has owed much of its impetus to sooalled "natural* causes of economic relationships-*the drive for raw materials and markets#

But in addition to

this purely non-political movement toward solidarity there have been deliberate efforts on the part of government© of the Americas to develop a more perfectly coordinated system# These consciously planned official actions have been of tre­ mendous importance in guiding the development of this inter­ national community# By reason of its preponderant eoonomie and polit­ ical power the United State© has occupied the pivotal posi­ tion in this evolution of haulspheric society*

The contri­

butions of the State Department and its agents to this movement are consequently of vital importance#

In what

fields of activity have the governments of the Americas found it advantageous to cooperate?

What have been the com­

mon objectives for which they have worked? Upon what polit­ ical principles of action have they agreed?

And# finally,

what practical achievements have rewarded their joint ef­ forts? In following this pattern of inquiry particular at­ tention is focused upon the part played by United States diplomacy as a shareholder in the mutual enterprise#

Vi

ooOTrom

Chapter

Page

1

The Thesis of Solidarity # » * * * • *

XI

Political Manifestations of Solidarity

♦

XXX Juridical Progress toward Solidarity

*

XV

Trends toward Economic Solidarity •

• •

V

Beginnings in Military Solidarity «

»

VX

Cultural Interchange and Understanding References Bibliography Appendix

1 » 5

* * 34 »65

* * 89 •

101

• • • » » • • » * * «

121

* • « * # * # « * »

130 135

1

CHAPTER t THE THESIS OF SOLIDARITY Beginning with Simon Bolivar* s pioneer adven­ tures In Pan-Americanism the nineteenth century saw many abortive efforts to draw the states of the Western Hemi­ sphere into a closer union*

Hot until the United states

used its power and prestige to stabilise the movement did solidarity assume form and stature*

The Washington con­

ference of American states in 1889-1890 may be accepted as an outstanding landmark in this evolution*

At that

time, when the United States finally took a serious In­ terest in cooperating with Latin America, there can be no doubt that economic motives lay behind this country*s propositions for establishing a permanent continental peace*

As S« F. Bemis has written, the Pan-American

movement was na diplomatic trade-mark for the expansion 2

of the commerce of the United states”.

Commercial

profits were uppermost in the minds of energetic business­ men, and peace was essential for commerce* Of primary importance in elucidating the posi­ tive contributions of United States diplomacy to hemi­ spheric solidarity is the consideration of the objectives which have prompted the movement*

Nations join their

forces because there are certain common goals which they attain more easily and more effectively through common action*

Solidarity is a means for collective achievement.

2

A significant contribution of this country to the hemispheric movement was the fostering of the general conferences with Latin American states.

Likewise, the

establishment of the International Bureau of the American Republics and similar embryonic structures under the tut©** lag© of th© United States implemented the growing desire for cooperative action#

The Latin American states were

equally anxious to improve their industry and commerce, scad the Oolossus of the North was an advanced industrial power which could lend capital, help exploit resources, furnish badly needed products, and in turn constitute a profitable market# In recent times Hew Deal leadership has made a long stride forward through translating its Good Neighbor Policy into concrete works of reciprocal trade agreements and reduction of barriers to commerce#

Since th© outbreak

of the second world war th© coordination of hemispheric economy has gone steadily forward as th© foundation of collective security#

The United States has been bearing a

large share of th© burden. The current movement for a united defense adds greater significance to th© gestures of warning made by Monroe In 1023 when confronted with threats of aggression by the tri-partite "Axis* powers of that day.

The domi­

nant role which the United States has long played as master defender of this hemisphere has been Its most priceless

3

gift to the cause of making the continent feel It© unity# In th® present emergency strategic consideration® of hemi­ spheric protection hair® precipitated full-fledged coopera­ tive action « Th® old Monro® Boutrin® a w reappear© m a n m multilateral doctrine of dotone® sndorssdby all the American republics* The Latin $merlc®aa are also deeply interested in securing freedom from interference in their internal affaire# The codification of international law# th® setting up of machinery for the pacific settlement of disputes* th® adop­ tion of common principles of diplomatic action# and th® exacting of pledge® of non-intervention are all instrument® for collective security which th® Baited States ha® helped to fashion# yuet a© economic cooperation has proved to be not only desirable but absolutely essential# political collabora­ tion ha® come to be considered m

inevitable good, sense# too*

nations have come to realise that they can profit more by

being long-term cooperators through mutual aid than by cut­ throat competition and rivalry*

There are many avenues

which this collaboration may follow#

The whole field of

cultural Interchange is rich with potential channels of reciprocal activity and mutual profit*

Citizens of differ­

ent American countries have goals which can be better at­ tained through sharing their knowledge and experience with each other*

In shaping out th# full picture of the growth

4 Of th© hemispheric community those cultural aspects play am important role,

Amy influence or stimulus which tends

to draw these nations into a closer relationship may be said to be a positive contribution to th© general scheme of solidarity, this, then, is the thesis of hemispheric solid­ arity*

the American republics have been drawn together

through their Joint endeavors in pursuit of common object­ ives of peace, security, prosperity, and cultural under­ standing . In these cooperative undertakings they have given their collective endorsement to an ^American** system of principles* political independence, territorial inviola­ bility, respect for international agreements, acceptance of only pacific mean© of settling differences, cooperation In spheres of mutual interest, sharing of obligations of interdependence, and collaboration for the common defense* The United States has contributed to this movement through recognition of new American states, extending protection to members of the hemispheric family, fostering th© develop­ ment of inter-American conferences and organisation, en­ dorsing a rule of law and institutions for pacific settle­ ment of disputes, promotion of better trade relations for mutual profit, collaborating in economic and military pre­ parations for continental defense, and providing a longrange program for the achievement of a better cultural understanding among Anglo-Saxon and Latin American peoples.

5

iLJKmIX

JLJL

POLITICAL HAHXnSTAnONS OF SOLIDARITY

During th© last on© hundred and twenty year© an "American** system of International law and diplomacy ha© developed in this hemisphere*

The United States has taken

part to a large degree in formulating a body of acceptable rules for regulating political relations in th© New World family of nations.

A review of these principles will show

how th© United States has contributed to hemispheric solid-* arlty* 1* Hecognitlon of New States On© of th© most important of the xmles for comity among nations is the recognition of sovereignty.

Sven dur-

ing Jeffersonfs administration the rumblings of revolutions In Hispanic America projected the question of recognition of new states into Cabinet discussions, but the President took no decisive action in the matter* 3 This was in 1808 and 1809* A rapidly increasing trade with Guba and other provinces to the south was a strong incentive to United States business men and statesmen to favor a rupture in relations between these dependencies and their monopolistic rulers in Hurope• By 1811 special commercial agents were being sent from th© United States to promote trade, and th© trend of feeling was indicated by a resolution of Con­ gress to the effect that the United States beheld with

6

friendly interest the establishment of independent sever-* elgnties by the Spanish provinces of America* Secretary of State Robert Smith wrote to ConsulGeneral Joel Poinsett, who served Buenos Aires, Chile, and Peru, that the "destiny of those provinces must depend on themselves*

Should such a revolution however talc© place,

it cannot be doubted that our relation with them will be more intimate, our friendship stronger than it can be / while they are colonies of any European power*" As early as 1811 aggressive commercial agents like Poinsett were taking an active part in campaigning for independence with the revolutionary patriots in South America*

Albert Galla­

tin, Madisonfs Secretary of the Treasury, cooperated en­ thusiastically by sending new commercial representatives to these areas that reciprocal treaties might be negotiated when possible* 5 It was a rather curious situation in which the agents of th© United States found themselves*

Official­

ly they were accredited to governments of th© Spanish and Brazilian empires, but actually they were in sympathy with th© embryonic republican states.

These expressions of

friendship were not forgotten by Latin America when inde6 pendenc© was finally established* President Madison even carried on unofficial correspondence with the revolution­ aries who visited the United States for purposes of purchas­ ing munitions and arranging for shipping* Though the decade following 1811 saw a recession

7 in interest in recognition* ardent advocates of friend­ ship with the potential republics*such as Henry Olay* leapt the subject alive in the debates of Congress*

In 1816

Clay’s resolution proposing an appropriation for a mission to Buenos Aires was voted down* but circumstances were soon to vindicate his position*

"We are the natural head of the

American family*” said Clay* and it was his feeling that the United States should take the first step in granting recognition to other members of the "family” which were struggling to make a place for themselves in the community 7 of nations * By 1822 most of the Latin American belligerents had established unchallenged de facto control over their territories, and President Monroe felt that Mexico* La Plata (Argentina}* Ohile, Peru* and Colombia deserved an exchange of ministers with the United States*

To make sure of Con­

gressional approval the President asked for an appropriation to cover the expense of the new missions* Monroe explained in his message that "the object Cof recognition] is to serve the provinces essentially* by promoting the independence of all* with the establishment of free Republican Governments, and with that view, to obtain their recognition by other powers as soon as possible."

fhe Act of Congress granted

$100*000 for the missions to "independent nations of the American continent”, and official exchanges of ministers were effected with Mexico * Colombia* La Plata* Ohile* Brazil,

8

Central America, and Peru during the period from 1822 to

,

1826

In walking th© tight rope of diplomacy Monro© did not wish to offend unduly the European monarchies, hut h® saw in this hold stroke for the stabilization of the in-* fant Latin American states on opportunity to favor th© cause of republican Institutions and to serve the national interests of the United States too.

As an illustration of

the fact that political idealism was not the only factor in the recognition of new governments, Monroe chose monar­ chical Mexico as the first country for exchange of minis­ ters early in 1822,

The cause of better relations with

Mexico was served through the gesture, and, as had been hoped, Emperor Iturblde did not hold his throne long,

It

was a time of economic depression in which trade-minded Americans grasped at the possibility of Increasing their business through closer political ties with Latin America, 9 Joel Poinsett, though at first cool to the thought of re­ cognizing Mexico, later favored that country1s independence on the ground that independence would raise the Mexican standard of living and "produce a demand for all the manufaetures of this country and for the objects of trade," 10 Motives which prompted the movement for recog­ nition of Latin American states were a mixture of republi­ can idealism and commercial ambition,

The policy served

the interests of both revolutionists and traders*

Like

9

many important contributions of the United States to the mutual welfare of the hemispheric nations there was more than a single, narrow objective in the pursuit of this policy*

Trends toward solidarity usually draw their

strength from actions serving th© interests of many na­ tions simultaneously* Thus* at the very hour of their birth the new states of Latin America were given encouragement by th© United States through maintaining a mutually profitable trade and establishing official ties which finally devel­ oped into fully accredited diplomatic missions*

Because

President ESadison and others high In the counoils of state overlooked the practice of supplying munitions of war to the revolutionists from bases in this country^ substantial aid to th© independence movement was provided*

It amounted

to an acknowledgement of the kindred relationship which existed between the peoples of th© American continent— the belief in the ideal of self-determination of nations as far as this hemisphere was concerned* The Jeffersonian principle of recognition on a basis of de facto control of the territory and people con­ cerned was firmly established as a reasonable rule for all American nations to adopt.

At that early time, in the

first quarter of the nineteenth century# the United States became the first outside nation to recognise these fellowAmerican states in spite of the outspoken disapproval of Surop© • Had the United States not made this primary

10

contribution to the establishment of a community of free and independent nations, Latin America might have remained a collection of samt**colonial provinces, and there would have been no able partners for cooperative, hemispheric enterprises# 2. the Monroe Doctrine The keynote of th© Monro© Doctrine, the first great official pronouncement of the United States on th© subject of Latin American affairs, was stated as follows: "the occasion has been judged proper, for assorting as a principle in which th© rights and interests of the United States are Involved, that th© American Continents, by th© free and independent condition which they have assumed and maintain, ax'© henceforth not to be considered as subjects for future colonisa­ tion by any European Power. » . # "With the movements in' this Hemisphere we are of necessity more immediately connected, and by caus­ es which must be obvious to all enlightened and im­ partial observers. The political system of the al­ lied powers, is essentially different i this re­ spect from that of America. . . . V.e owe it therefore to candor, and to th© amicable relations existing between the United States and those powers, to declare that we should consider any attempt on their part to extend their system to any portions of this Hemisphere, as dangerous to our peace and safety. • • • But with the Governments who have declared their Independence, and maintained it, and whose Independence we have, on great consideration, and on just principles, acknowledged, we could not view any interposition for th® purpos® of oppressing them, or controuling in any other manner, their des­ tiny, by any European power, in any other light, than as the manifestation of an unfriendly disposi­ tion towards the United States*w *1 This meant that it was a matter of vital interest to th© United States to se© that th© hemispheric status quo

11

was maintained* at laaet as far as Interference from Europe was concerned.

The Doctrine was merely a part of th© Presi­

dent’s message to Congress on December 2, 1823*

It was in

no sense a multilateral agreement haring the endorsement of latin American nations or any others*

Coming as It did

from the Chief Executive of the most powerful state In the hemisphere, it had particular significance at this time when th® newly established Hispanic American nations were struggling to maintain a foothold in th® society of Inde­ pendent states*

The Doctrine was a step toward protecting

the newly created governments from the ravages of foreign interventions, but it wont further than that*

It marked

out the Western Hemisphere as a special portion of the earth’s surface having a political personality of Its own* Jefferson, Madison* and Monroe had spoken for the United States at large in their expressions of sympathy for the successful liberation of the «pouthem Brethren”* The Doctrine attracted slight attention from Europe at the time of its announcement* but its significance lay in the forecast of continental development on an expanded scale, free from outside interference* Th® United States has adhered to the basic princi­ ple of maintenance of the territorial integrity of American states ever sine® th© time of Monroe*

Since lames G. Blaine* s

*big sister” policy and the first of the series of general Inter-American conferences, independence and freedom from

12

intervention have become common goals in the program of cooperative achievement*

The twenty-one republics have

gradually come to realise their joint interest in the de­ fense of the whole group as a unit* Because of Theodore Roosevelt’s vigorous methods the so-called "Roosevelt Corollary" to the Monroe Doctrine has suffered considerable criticism as being a distortion of the original policy*

But at least this "polioman"

policy was an indication that a strong world power was maintaining a careful watch over the inter-American sphere so that outsiders kept at a safe distance*

The inestimable

value of this protective policy was forcefully declared by J* Reuben Clark, Under Secretary of state, in 1928s "f'urthermore, the fact should never be lost to view that in applying this Doctrine during the per­ iod of one hundred years since it was announced, our Government has over and over again driven it in as a shield between Europe and the Americas to protect Latin America from th© political and territorial thrusts of Europe; and this was done at times when the American nations were weak and struggling for the establishment of stable, permanent governments; when the political morality of Europe sanctioned, indeed encouraged the acquisition of territory by force; and when many of the great powers of Europe looked with eager, covetous eyes to the rich, unde­ veloped areas of the American hemisphere* Nor should another equally vital fact be lost sight of, that th© United States has only been able to give this protection against designing European powers because of its known willingness and determination, if and whenever necessary, to expend its treasure and to sacrifice American life to maintain the principles of the Doctrine* So far as Latin Ameri­ ca is concerned, the Doctrine is now, and always has been, not an instrument of violence and oppres­ sion, but an unbought, freely bestowed, and wholly effective guaranty of their freedom, independence, and territorial integrity against the imperialistic designs of Europe*" X2

13 During the administration of President Franklin D* Roosevelt

the Monroe Doctrine* ha© taken on an unprece­

dented significance because of dire threats from aggressors of Europe and even Asia*

On April 12, 1933, soon after his

inauguration President Roosevelt addressed the Governing Board of the Pan American Union with these words: "The people of every Republic on our continent are coming to a deep understanding of the fact that the Monroe Doctrine, of which so much has been writ­ ten and spoken for more than a century, was and is directed at the maintenance of independence by the peoples of the continent * It was aimed and Is aimed against th® acquisition in any manner of th© con­ trol of additional territory in this hemisphere by any non-American power#" -**3 This statement took on Increased meaning with the rattling of swords beyond the Atlantic#

When war

actually threatened the Western Hemisphere President Roose­ velt compared the Axis menace to the danger of the so-called Holy Alliance a hundred and twenty years ago#

But the

United States has not been alone in resisting the Axis threat*

In this emergency the status of national independ­

ence in th® Americas has been acknowledged by all twentyone republics as a joint responsibility*

Some writers refer

to th© acceptance of a common defense policy as a "new doc­ trine for th© Americas", implying that the Monroe Doctrine has now become multilateral through endorsement by th© whole Pan American group*1-4' But prior to this joint movement of

recent years the United States performed a great service to hemispheric integrity through protection of th© Independence Of less powerful "sister" states *

14

3,# International Interdependence In the recent inter-Amerioan conferences at Buenos Aires in 1936 and Lima in 1936 and also at the meetings of foreign ministers at Panama in 1939» Havana in 1940, and Bio de Janeiro in 1942 the time-honored Unit­ ed States diplomatic principle of protecting the Western Hemisphere from outside aggression has been adopted as a fundamental premise of th© new inter-American solidarity** Latin America has agreed that unified employment of mili­ tary force shall he used to oppose th© extension of nonAmerican sovereignty in the Hew World*

For a whole conti­

nent of independent states to assert th© right of selfdetermination as a single-minded group was a new departure in international relations*

Th© "unification" of conti­

nental Burope under the pressure of Hitler1© military machine is in sharp contrast to this voluntary movement in the Americas* What a striking difference there has been in th© American and Nasi methods of achieving solidarity! A recent editorial in th© Hew York rimes pointed out this contrasts "The twenty-one American republics live in peace and freedom under the protection of the Monro© Doctrine because the very essence of that doctrine is the right of self-determination— that is, the right of every nation living in this hemi­ sphere to decide its future for itself* The Mon­ roe Doctrine therefore boars no resemblance what­ ever to the imitation fMonroe Doctrines1 about which th© Axis partners talk so much* * # * what they really mean— as their conduct shows— is that they want to stake out an area from which

15

the influence of all other powers is barred and within which they ©an rule and plunder as they please. "That is not the meaning of our Monroe Doc* trine* It demands and reeeives, scrupulous re-* apeet for the rights of every one of th© Ameri­ can republics, great and ©mall alike." 15 fundamental in th© American scheme of diplomacy Is the recognition of the ©quality of all participating members and the appreciation of the fact that each state has its own national point of view*

But when th© Japanese

try to sell their "Greater last Asia Co-Prosperity Sphere" as an Asiatic Monro© Oo-otrine they omit their failure to give any consideration to the will of th© Chinese people or any other group which falls within their power.

Th©

Koreans have had a taste of this type of "Co-Prosperity" ;

3:.

at the hands of the Japanese since 1$10.

Respect for the

sovereign wills of weaker states has been absent from the Axis schemes of "cooperation". Self-determination, however, was a cardinal prin­ ciple of the Mew World cod© in the days of Madison and Mon­ roe as it still la in the administration of President Frank­ lin D. Roosevelt.

Furthermore, the best way to preserve

that national freedom of will is generally accepted to be the recognition of the basic interdependence of American nations.

The most striking evidence of inter-Amerioan

solidarity in the history of the movement has been present­ ed sine© th© threatening clouds of war started drifting from Europe and Asia toward the American continent.

Th©

transformation of the Monroe Bootrine from a unilateral

16

proaouno«a©nt to a covenant of Joint responsibility has 16 marked a new era in int er-Amerlcan relations* Buenos Aires* 1936 At the initiative of President franklin 33* Roose­ velt a Special Inter-American Conference for the Mainten­ ance of Peace was called at Buenos Aires in 1936*

Though

the development of better means for preserving peace was th® principal object of the meeting* th© technique of solidary action which was proposed was important in the light of later developments*

The American states pledged

themselves "to take counsel together, with full recogni­ tion of their juridical equality, as sovereign and inde­ pendent states, * « « when an emergency arises which af­ fects their common interest in the maintenance of

p e a c e .

The convention also provided for "consultation” in case of war among the American republics*

It was this method

which took on increased importance with th© coming of war* Lima. 1938 In the wake of Adolph HItier *sAMunioh" came Cordell Hull*s "lima”* The Eighth International Conference of American States, which convened at the Peruvian capital on December 9, 1938, was addressed by Secretary of State Hull at the opening meeting with a plea for renewed expres­ sions of solidarity, but also with the avowed obligation of each state "to decide for itself what measures it must take in order to meet its share of our common interest and

1? responsibility in this respect*"1® So effective was Secretary Hull*® fira but respectful leadership that the Oouferanoe was by far the most productive of concrete re­ sults of any that had been held*

The assembled delegates

took stock of the ominous ©vents in Kurop® and reaffirmed their determination to keep the American continent free from the ravage® of war*

In an epochal statement of aims

entitled th© Declaration of Lima (see Appendix A) th® continental solidarity of the peoples of America was pro­ claimed In unequivocal terns*

This declaration might have

been rightly named a Declaration of American Interdepend­ ence, for throughout the text are commitments to "work to­ gether In the cause of universal concord”, "to collaborate in the maintenance of the principles upon which th© said solidarity is based"* "to defend [the principles] against all foreign intervention or activity that may threaten them"* and "to make effective their solidarity, coordinat­ ing their respective sovereign wills by means of the pro­ cedure of consultation* * * * using the measures which in 10 each case the circumstances may make advisable*" The Declaration of American Principles adopted at Lima* assuming that "KaOh state is interested in the preservation of world order under law* in peace with just­ ice, and in the social and economic welfare of mankind" supported: non-intervention, settlement of differences by peaceful means, proscription of force as an instrument of

IS

policy# goTmmiit by International law, respect for trea­ ties, development of Intellectual interchange among their peoples, economic reconstructionf and, lastly, international Cooperation as a necessary condition to the maintenance of 20 these principles* (Appendix B) ‘This spirit of cooperation was evaluated by the United States delegation to the Conference as one of th© most important "intangibles** at the meeting*

In their

Report was this statement of praises "One of the outstanding characteristics of the Lima Conference was the unanimity with which the delegates viewed the policies and aspirations of the peoples of the Western Hemisphere* Th© desir© and willingness of all delegations to place the collective welfare above the national inter­ ests of any one country demonstrated in a challeng­ ing manner the democratic approach to internation­ al problems.” 21 In accordance with the spirit of th© Good neigh­ bor Policy th© United States delegation endeavored to re­ spect scrupulously the dignity and Interests of all other nations at the Conference*

The atmosphere of the meeting

was prophetic of future successful collaboration by th© American states In their common problem of maintaining and defending hemispheric ideals, institutions, lives, 22 and property* Though no treaties or conventions were adopted at lima, the unanimous approval of 112 declara­ tions, resolutions, and recommendations went far to strength­ en the moral union of the participating states and to imbue their representatives with a deep sens© of mutual obliga2? tion*

19 But the Lima Conference aid not stop with mere statements of principles ana good intentions*

Concrete

provisions were made for handling an emergency in case continental security was threatened*

It was arranged

that in case any of the member states should become aware of events affecting the peace of the Continent an immedi­ ate call should be sent out for a consultation between the Ministers of Foreign Affairs of the American Republics. These Ministers would then proceed to take whatever meas­ ures were deemed best to deal with the situation confront­ ing them* Panama. 1939 As soon as President Roosevelt learned of the invasion of Poland on September 1» 1939 ( he started the wheels of diplomacy turning in preparation for the first Meeting of Ministers of foreign Affairs as planned in the 514 agreements at Buenos Aires in 1936 and Lima in 193#♦ The general purpose of the Meeting— to try to weld the Americas into a more closely united group in order to more effectively face the exigencies of the war— was resolved into three specific objectives: "Th© clarification of the rights and duties of the American Republics in their capacity as neutrals# *Preservation of the American Republics from any involvement in the European conflict. "Solution of the economic difficulties con­ fronting the American Republics as a result of the European conflict." 25 tender Secretary of State Sumner Welles represented the

20

United states, carrying in his portfolio President Roose­ velt* s specific program which was accepted by the Meeting 26 almost in toto. The work of the Foreign Ministers was performed with dispatch in the short space of eleven days, from September 23 to October 3* Sumner Welles has described the achievements of the Panama Meeting under four of the moat significant 27 agreements* 1* The Resolution on Economic Cooperation which established an Inter-Ameri can Financial and Economic Ad­ visory Committee.

The function of this group was to han­

dle commercial and financial problems arising out of the war situation* 2# The Joint Declaration of Continental Solidar­ ity.

This pledge of cooperative endeavor was a reiteration

of the Declaration of lima* 3* The General Declaration of neutrality of the American Republics.

In this statement the American states

reaffirmed their general neutrality and set forth rules of behavior to be followed in their status as neutrals*

An

Inter-American Neutrality Committee was set up to handle subjects of internment, restrictions on movements of ves­ sels, and communications. 4. The Declaration of Panama.

This instrument

reasserted the joint neutrality of the American republics and provided for a special safety zone surrounding the Western Hemisphere, with the exception of belligerent

21

Qanada#

This zone constituted a margin of hemispheric

territorial waters approximately three hundred miles in breadth, an area in which belligerent ships were requested to refrain from warlike operations* Recalling the interruptions of neutral shipping during the first World War, President Roosevelt had worked out this insulation zone scheme In advance of the Panama Meeting*

As a novel idea In the realm of international

law and a special arrangement for maintenance of American continental security this zone deserves particular atten­ tion*

The Declaration provided that "as a measure of continental self-protection, the American Republics, so long as they maintain their neutrality, are as of inherent right antitied to have those waters adjacent to the American continent, which they regard as of primary concern and direct utility in their relations, free from the commission of any hostile act by any non-American belligerent nation, whether such hostile act be attempted or made from land, sea or air*" 29 Since the principle provided for no direet-action

enforcement, it was essentially an experiment in applying the combined moral force of the American republics to achieve the acceptance of a new rule by belligerents*

Vio­

lations of the zone by both British and German warships, as in the Graf Spee Incident, were censured by spokesmen for the Declaration of Panama, but no positive sanctions were applied#

The plan was an experiment in the creation

of international law of neutrality by calicot%e\d@4^^k President Rooseveltidea was symbolic of the .-lung efforts

:: V

22

of the United States, from Monroe1s time until the present, to oast over the Western Hemisphere a protective cloak which should ward off the dangers from abroad* The Panama Meeting was fraught with meaning for the development of inter-American solidarity because it was the first time that the twenty-on© republics faced the dif­ ficult problems of a great war as a united, cooperative group*

In the first World War such collaboration was in­

conceivable because the hemispheric family knew no such tradition of joint action in that period* Under the leader­ ship of Sumner Welles, who followed the Presidents program, the Meeting produced concrete machinery for carrying on day-by-day cooperative activities throughout the war in vital fields of financial, economic, and political rela­ tions* And, finally, the Meeting capped its achievements by reaffirming the determination of the Pan American repub­ lics to stand by each other in united defense of their in­ dividual and collective Independence*

These actions be­

spoke an international Interdependence equivalent to solidarity* Havana* 1910 After the collapse of France,Pan Americans were Impelled to call another Meeting of Ministers of Foreign Affairs for consultation about fresh problems precipitated by Hitler*© designs of aggression*

This time Ouba was host,

and the delegates gathered at Havana on luly 21, 1940, for

23 a ten-day session*

30

Two instruments resulted* the Aot of

Havana and the Convention Concerning the Provisional Admin­ istration of European Colonies and Possessions in the Amer­ icas * Both dealt with the possible transfer of territories in the Western Hemisphere owned by non-American states such as the Guianas or islands of the Caribbean like Martinique and Santa Lucia*

The agreements clearly defined a non-trans­

fer policy similar to Monroe1s pronouncement of 1823, stat­ ing that any such transfer to another European power would be unacceptable to the American nations and regarded as a menace to their safety* Machinery was provided whereby the American republics might assume temporary administration of such areas in case of attempted change of title from one European government to another* 31 Obviously, this InterAmerican Commission on Territorial Administration was de­ signed to shoulder the responsibility of caring for "orphan" territories cut off from mother-countries through the for­ tunes of war* By the summer of 1910 American states were becom­ ing keenly aware of the fact that preparation against ag­ gression involved cooperative endeavor in many branches of political, economic, military, and even cultural relations* Article TI of the Act of Havana provided for a free ex­ change of information for the purpose of counteracting sub­ versive , "fifth columnist" activities of Axis powers• Arti­ cle til was aimed at "Diffusion of Doctrines tending to

24

Place in jeopardy the Common Inter-American Democratic Ideal or to threaten th© Security and Neutrality of the American Republics*"*^ Protection of th© hemisphere had come to mean defense against insidious propaganda as well as men-of-war and marching armies*

The Act declared?

"The doctrine of inter-American solidarity agreed upon at the meetings at Lima and Panama requires the adoption of a policy of vigilance and defense so that systems or regimes in con­ flict with their institutions shall not upset the peaceful life of the American Republics, the normal functioning of their institutions, or the rule of law and order." 33 While cherishing the ideal of "peaceful life" collaboration through commissions on neutrality, finance, commodities, and territorial administration continued at an accelerated rate*

Following the precedent of the pre­

vious Meetings the Act of Havana provided another "declara­ tion of interdependence" of even sterner phraseology. Article XV entitled "Reciprocal Assistance and Cooperation for th® Defense of the Nations of the Americas" stated? "That toy attempt on the part of a non-American State against the integrity or inviolability of the territory, the sovereignty or th© political inde­ pendence of an American State shall be considered as an act of aggression against the States which sign this declaration." 34 When th© Japanese bombs at Rearl Harbor blasted the United States into belligerency the real test of interAmerican solidarity was applied.

Th® time had com© to

prove or disprove the validity of th© declarations of inter­ dependence.

25

Rio de Janeiro. 1942 Brior to the fateful Japanese attack on Pearl Harbor on December 7* 1941# the free republics of the Western Hemisphere had solemnly agreed upon a principle of unified action in case of any disturbance of the peace of the continent• The generally accepted attitude of these states embraced a determined maintenance of neutrality* hind the diplomatic

Be-*

psychologies of American nations there

had consistently been a non-aggressive, peace-loving ideolo­ gy*

Collaboration for defense was conceivable as a likely

prospect, but an alliance for conquest was unthinkable in Pan American congresses*

The very word "alliance” had never

entered the vocabulary of these diplomatic conversations. An alliance implied an anticipation or even an invitation of war from which idea th® Americas shrank in condemnation* But Adolf Hitler had spoken th® language of a son of Mars when he wrote in Mein Kampf t * "An alliance whose object is not a future war is senseless and useless* Alliances are only formed for fighting♦" 35 The Western Hemisphere was repelled by the thought of being embroiled in international strife, so fixed had become the habit of peacefulness and neutrality.

Even after th® United

States and other American republics had declared war on the Axis nations in retaliation, there was little thought of their banding together in an active alliance for offensive action against a common enemy.

26

In accordance with the scheme prepared at Buenos Aires In 1936 and Lima In 1936 two Meetings of foreign Ministers had already been held at Panama and Havana to consult concerning the problems confronting th© Western Hemisphere due to the European war. How that war had com© to the very shores of the American continent the Third Meeting was called at Rio de Janeiro to take "action of utmost political Importance" as Sumner Welles later described it.^ As standard bearer for the hemisphere and the butt of the Axis attack, the United States was the logic­ al keynoter for the Meeting.

Sumner Welles, United States

.Under-Secretary of State, presented a masterly argument in an address to th© assembled Ministers on th© opening day 37 of the Meeting, January 1$, 1942* His words were not spoken as a panicky plea for allies in an emergency} rather the address was a persuasive discourse on princi­ ples of Inter-American solidarity. After stressing th© grave danger with which the free peoples of the Western Hemisphere were confronted, Welles keynoted the mood of all those present; "We are assembled as representatives of th© twenty-on® sovereign and independent republics of th© American continent, now welded together as no continent has ever before been united in history, by our faith in the ties of mutual trust and of reciprocal interdependence which bind us, and most of all, by our common devotion to the great cause of democracy and of human liberty to which our Hew World is dedicated."

27 Th© first fundamental principle of hemispheric diplomacy was the acknowledgement of their interdependence in th© face of a common threat to their common Ideals and Institutions*

The security of th© continent depended upon

the cooperative action of all*

And, as a corollary to this

principle, Welles stressed the fact that adequate defense would mean meeting fir© with fires WW© have been taught this lesson « • * that in the world of today, confronted by Hitlerism and all of the black reversion to barbarism which that evil word implies, no nation can hope to main-* tain its liberty, except through the power of armed might** * The second principle which is discernible in Welles!s address is that of the unequal ability of th© American nations to defend themselves*

More powerful

members of the hemisphere would be expected to contribute more heavily to the task of providing security for all in the cooperative endeavor*

He was implying that the United

States expected to remain true to its historic policy of taking the leadership in protecting the Americas from foreign aggressions*

Even during these general meetings

of collaboration in th© twentieth century th© shadow of Monro© was still present* Third, "the shibboleth of classic neutrality** was described as an outmoded ideal, for how could any eiviliaed nation pretend indifference when th© independ­ ence of free peoples was at stake?

States might remain

2$

non-combatant , bat they could not remain aloof to the Issues of the war*

A neutrality which Implied a dis­

passionate view of the struggle was a "tattered fiction." Fourth, whatever political policies were adopted by the American states were to be strictly of their own choosing*

Bven in this critical hour th© United States

refused to dictate to its sovereign partners*

The basis

of equalitarlanism among hemispheric nations was respect for oach^ther,s complete freedom of will.

Welles made

clear th© position of th© United States by sayings "As each of you know, my Government had mad© no suggestion, and no request as to th© course which any of the governments of th© other American republics should pursue subsequent to th© Japanese attack upon th© United States and the declaration of war upon it by the other Axis powers. We do not function in that way in the American family of nations**4 This demonstration of non-interference in th© political policy of other countries supported President Roosevelt*s traditional condemnation of interventionism*

After all,

one of th© values for which the war was being fought was the right of a sovereign nation to determine its public policies without encroachment* Welles assorted2 "Bach one of the American governments has determined, and will continue to determine, in its own wisdom the course which it will pursue to the best interest of its people in this world struggle." It would seem from this statement that the United States was giving th© iatin American partners carte blanche to do as they pleased in the international crisis of 1942 . However, while no dictation was handed down from the

29

Washington Department of Statet certain persuasive arguments were set forth at Rio &© Janeiro which weaker states could hardly afford to overlook# Welles asked for very few con­ cessions from the other members of th© American family* hut his message carried urgent arguments on behalf of unanimous acceptance of certain minimum contributions to their collective security# And* fifth* the United States Under-Secretary pointed to the fact that these associated republics had certain duties toward each other which 3md been repeatedly described in mutual pledges#

He ©aids

"In accordance with th© obligations we have all undertaken under the provisions of our interAmerican agreements* and in accordance with the spirit of that continental solidarity unanimously proclaimed* those nations of the Americas which are not engaged in war will never permit their territory to be used by agents of the Axis Power© in order that these may conspire against* or pre­ pare attacks upon* those Republics which are fight­ ing for their own liberties and for those of the entire continent#" Here was an eloquent appeal to their sense of solidarity? were they willing to sever diplomatic and even commercial relations with the Axis Bowers and intern their agents for the duration of th© war so that potential enemies within the hemisphere might not "constitute a direct danger to the national defense of the republics engaged in war"? Th© achievement of such a severance of relation© was th© chief objective of the Rio de Janeiro Meeting#

The United States wished to make sure that

foreign area© of infection and hot-beds of fifth-columnisa

30 would bo cleared up In a united Inter-American #sanitary” campaign*

It was common knowledge that Axis agents were

taking advantage of their diplomatic Immunity to poison inter-American relations and to sabotage hemispheric de­ fense* In return for this sort of political cooperation the United States was willing to do its utmost in sharing its superior economic wealth and military power with less fortunately endowed members of the hemispheric family* Such offers could not go unheeded by th© Latin Americans* fhe promise of solidarity was not empty of fruitful compen­ sations. Tears of resolutions were now being translated into action*

Political interdependence required fulfill­

ment of obligations which paid mutual dividends to all participants* Achievement of common objectives like hemi­ spheric security ©ould only be realized through giving to each other as well as receiving*

3?hus, the sixth point

chosen from Welles1© address depicted the rewards of inter­ dependence* At the very outset of the Kio de Janeiro confer­ ence, American diplomacy contributed these six ideas as a basis for collaborations the need for acknowledgement of interdependence in the face of a common danger, the greater demands upon the stronger nations in providing security for all,

the impossibility of maintaining a neutrality of in­

difference,

the freedom of each independent American state

in determining its policy, the moral obligation to act po­ litically for the welfare of American belligerents, and the

31

profitableness of cooperating in the solidarity enterprise. Under such persuasive leadership th© Third Meeting of Ministers of foreign Affairs attacked the problem of breaking of diplomatic relations with the Axis powers#

In

a statement of conclusions the ministers on behalf of their respective republics reaffirmed "their declaration to con­ sider any act of aggression on the part of a non-American State against one of them as an act of aggression against all of theaa"*^

In addition th© statement read:

"Th© American Republics reaffirm their complete solidarity and their determination to cooperate joint­ ly for their mutual protection until the effect© of the present aggression against the continent have disappeared#" Third, they recommended that each Republic, in accordance with the independent right of determining its own national policy, sever diplomatic relations with Japan, Germany, and Italy# To date {April, 1942) all American republics with th© exception of Argentina and Chile have complied with this recommendation#

It is true that this has not been a

perfect demonstration of solidarity of action, but it does show that each state has been left free to determine its own course on a basis of national interests#

The political

interdependence of this hemisphere rests upon a voluntary association of states, freely united for th© accomplishment of common objectives of independence, security, peace, pros­ perity, progress, and justice*

32

Xn th© early history of inter-American diplomacy the United States contributed to th© establishment of a solidary relationship through encouraging revolutionary groups in Latin America to establish free and independent states along lines of the great North American model*

Dur­

ing th© transition from colonial to independent status a mutually profitable commercial intercourse was carried on between this country and Hispanic America, some of the traf­ fic being in munitions of war essential to the success of th© revolutionary movement*

Beginning in 1B22, as soon as

it was clearly proved that th© belligerent patriots had de facto control of their territories, th© United States took the lead in giving the new states th© formal recognition essential to respected membership in th© society of na­ tions*

These were the initial steps in aiding the establish­

ment of an American family of states united in liberal politi­ cal Ideals which set them off as a separate group from reaction­ ary Europe* In 1B23 President Monro© held up a hand of warning against any attempt to extend th© European system in the Western Hemisphere* 1 st

This was th© beginning of a protections

policy maintained ever since as a bulwark of continental

Independence * Within th© last decade inter-American solidar­ ity has matured to a point of acknowledging a joint interest in preserving the peace and inviolability of all the Fan Amer­ ican states#

Declarations of interdependence at recent general

conferences and meetings of Ministers have been validated by

33 oollaboration la breaking of diplomatic relations with the Axis powers by all but two of the latin American states* A few demonstrated their loyalty to the United States by

openly declaring war upon the enemies of this country* In return for this sort of cooperation the United States had taken the leadership in bearing a great share of the burden of the war effort on behalf of Ideals and institu­ tions sacred to all the hemispheric republics,

Xn the

face of a common danger joint action has been accepted as the key to victory*

34

CHAPTER III TORIDICAL PROGRESS TOWARD SOLIDARITY Th# nations of th# Western Hemisphere have collab­ orated In th© field of juridical relations so that they might live together in peace and harmony just as they have cooperated In political relations In order to achieve inde­ pendence and security.

Applying the same formula of mutual

respect and voluntary united action, these American states have succeeded in promoting common interests in spheres of economic, military, and cultural relations*

At th© present

time when war Is raging in Europe and th© Orient and threatens to invade th© American Continent,It is of partic­ ular importance to review the progress of Pan-America toward juridical solidarity. To what extent has the quest for peaceful and harmonious relations contributed toward the establishment of continental traditions of pacific settlement of dif­ ferences?

What are th© particular methods which have

proved most successful In avoiding war and international strife in this hemisphere? And, what has the United States contributed to this movement as a result of the application of principles established by th© State Depart­ ment?

These questions are pertinent in the review of this

collective effort to create a regime of law. Any kind of stable and effective system for han­ dling International disputes must be supported by these five pillars: a general desire for peace, a collective authority.

35

a generally accepted body of law or rules, workable methods and machinery for applying th© rules and arriving at settle­ ments, and, finally, sanctions for making effective the de­ cisions or conclusions ofdeliberative body or parties handling the case* 1. Desire for Peace Before there can be any harmony in the concert of nations^ there must be a deep-set will for peace on the part of the people of the various nations,

They must wield their

influence upon their representatives and diplomats to us© th© instruments of law Instead of th© weapons of force in th© adjustment of international differences. In general, popular sentiment in the United States and th© Influence of Department of State agents has favored peaceful methods of solving international difficulties*

39

Their predilection for juridical forms has been expressed on many occasions in international affairs ever since 1794 when th© jay Treaty with Ureat Britain signalized a new departure 40 in modem arbitration. Though United States independence was achieved by th© sword, -Americans have consistently avoided warlike means of promoting national policy.

Entry

Into the Spanish-American War of 189S and the World War of 1914

was in behalf of preserving international principles of

freedom and justice.

It was a matter of weighing values and

choosing a distasteful method of overcoming evil forces. commenting upon these tendencies John Bassett Moore wrote;

In

"But, besides exerting an influence in favor of liberty and independence, American diplomacy was also employed in the advancement of the princi­ ple of legality. American statesmen sought to regulate the relations of nations by law, not only as a measure for the protection of the weak against the aggressions of the strong, but also as the only means of assuring th© peace of the world." 41 Thera have been concrete factors which have pro­ duced this peaceful approach of the United States.

In th©

early days of the Republic a natural weakness In fighting power counseled quiet ways of settling International con­ troversies • The geographical location of this country, with oceans on two sides and generally peace-loving neigh­ bors, has favored reliance upon diplomacy rather than arms. This country’s great stake in international commerce and trade has also contributed to avoidance of chaotic wars. And, further, territorial satisfaction has contributed to an attitude of maintaining the status quo rather than tak­ ing unifeessary risks in international struggles« Finally, and most important of all, the Institutional heritage of th© people of the United States has embraced Anglo-Saxon 42 Ideals of law and order enforced by courts of justice* The feeling that the United States should draw closer to latin America in the establishment of a peaceful society of nations in this hemisphere was urged in the halls of Congress during Garfield* s administration in 18S1. Secretary of State James G« Blaine was in sympathy with the policy of making some definite gestures of friendliness

37

toward Hispanic America, but with th© succession of Arthur upon Garfield’s death a new Secretary tookjcharge of the department of state*

Simultaneously there was a cooling A3 of the premiatin feeling In Congress* By the time Blaine was returned to the secretary* ship under President Harrison in 1089 the movement for closer relations with Latin American had revived to the point of actually planning the First International Confer* ence of American States*

Th© opportunity for a great ad*

venture in inter-Amerlcan leadership was at hand because the people of the United States and their elected representatives were conscious of th© need for closer coopera* tion with neighbor nations and were willing to take the Initiative in a movement to institutionalise international peace-mindedness. 2* Institutional Development The will to peace evinced by nations remains amorphous until they establish visible Institutions of inter­ national scop© to embody such aspirations*

Abortive efforts

toward organizing the republics of the Western Hemisphere into a united group had been mad© prior to 1809* Such were the numerous conferences held under Hispanio-American lead/ ership which began with Bolivar*© Congress of Panama In 1826*

(See Appendix D) Hot until the United States put

th© weight of its prestige and the influence of its economic power behind the inter-American movement did it really de­ velop stature*

3a Credit is due Barnes G# Blaine for the vision of what he called "the lasting foundations of international American good will?*

He very early expressed his policy

as followsi "First , to bring about peace and prevent future wars in North and South Americas second# to culti* vata such friendly relations with all American eountries as would lead to a large Increase in the ex* port trade of the United States*" 44 Secretary Blaine1s idea was to stop depending on half-way measures* "Permanent peace" would be accomplished through the active cooperation of all the nations of the hemi­ sphere*

Since Blaine1s effort in 1881 to call a confer­

ence had failed# it was fortunate that he came back to th© State Department in 1889 Just after the conference idea had been revived*

Secretary of ©tat© Bayard had sent out

invitations in July, 1888, to eighteen American states ask­ ing them to meet at Washington in th© following year for a discussion of common problems*

All accepted but Santo Do­

mingo* At the opening of the first Inter-Amerioan Con­ ference Secretary Blaln© made an eloquent address in which he forecast th© spirit of Rooseveltfs Good Neighbor Policy; "We meet in the firm belief that the nations of America ought to be and can be more helpful, each to the other, than they now are, and that each will find advantage and profit from an en­ larged Intercourse with the others*" 45 He condemned the balance of power system which had drenched Europe in blood and asked, instead, for "a spirit of jus­ tice, of common and equal interest between the American

39 States" * There wm m two opposing ways of life*

Expressing

the creed of the W m World, ho said, "We believe that friendship and not fores, the spirit of just law and. not th® violence of the mob should be th® recognised rule of administration be* twssn American nations and in American nations*" 46 Such a statement of ideal© gave the republics of the. conti­ nent a nucleus of principles around which they might develop their common policies*

as

Ricardo Alfaro has said, the

Washington Conference of 1889 was "the starting point of Pan-Amaricani&m a© the tangible International reality it is 47 today"* The Act of Congress which authorised the President to call the Conference had set forth the two objectives as fol­ lows s "some plan of arbitration for the settlement of dis­ agreements and disputes that may hereafter arise * * * and for considering questions relating to the improvement of ’ 46 business intercourse*" While these matters were con­ sidered without immediate tangible results, it ma t be noted that in the realm of concrete institutions the Conference made two distinct contributions to the new Continental Sys­ tem* First, it Initiated th© long series of general con­ ferences which together have come to be the nearest thing to an international "legislative" body the America© have aver known, and, secondly, it establishedAoffto® of com­ munications and publicity in matters of joint interest, the Bureau of tear!can Republics, which In a few years

40

developed into th© mny-funotionad permanent secretariat now called the Pan American Union#

neither of these in*

stitutions has any vast lawmaking or administrative power, hut both hair© been of Inestimable value in cementing re* lations among th© republics of the continent and thus pro* mating the cause of peace#

From the beginning th© Washing*

ton office has functioned as a nerve center for the exchange of Information and the promotion of closer commercial and cultural ties# Although it seemed that Blaine had been defeated in his chief objeotivesr-th® adoption of reciprocity trade agreements and the formulation of a code for th© arbitra­ tion of disputes r-his failures were more apparent than real for in more recent years his ideas have crystallized as an integral part of Pan-American policy#49 The really important consideration in the estab* liahment of right International institutions is not so much th© quantity of work turned out by them but rather the adoption of right attitudes and right methods upon which to build#

Th© factor of ©peed was minimized by th© Brazilian

diplomat, Joaquim Nabueo, in hi© address before the Third Conference at Rio d© Janeiro in 1906t "To us It seems that the great object of these conferences should be to express collectively what Is already understood to be unanimous; to unite, in th© interval between on© and another what may have already completely ripened in the opinion of th© continent, and to impart to it the power re* suiting from an accord amongst all American nations* This method may appear slow, but X believe it to b© the only efficacious one, the only m y of not

41

killing at it® inception an Institution which is worthy of enduring throughout the centuries*” 50 Secretary of State Root expressed a similar conviction at Bio de Janeiro in 1906 when he salds "Not in a single conference nor by a single effort can very much be done* Tou labor more for the future than for the present; but if the right impulse be given, if the right tendency be estab­ lished, th© work you do here will go on among all th© millions of people in the American continents long after your final adjournment*" 51 Critics of the conference scheme are correct in pointing out th© weakness of a system which has little commanding power over its membership*

But by the same

token such an organization demonstrates its strength, for its conclusions represent the freely given and sincerely felt opinions of its members*

Harmonious agreement may

be delayed for years because the proposition in hand is con­ sidered harmful to th© interests of some of the partici­ pants and therefore unacceptable*

But when such obstacle©

are finally removed, collective progress moves along swift** ly and conclusively*

The national interests of all are

thereby served» It is axiomatic that the conferences can move no faster than the member states are willing to go; projects are doomed to failure until they give definite promise of being beneficial to all

the adherents*

The

declaration of Principles signed at Bueno® Aires in 1936 or the Pinal Act of Bio de Janeiro adopted in 1942 would have been inconceivable during the Infant years of interAmerican activity*

It is not impossible that another fifty

4a

years of cooperative enterprise may find vastly stronger institutions of international government invested with more far-reaching powers» The eights general Pan American conferences held since 1889 and the innumerable special conferences and meetings have made a great contribution to unifying and institutionalizing the inter-Amerioan world*

Organ!za-

tions like the inter-American Conferences and the Pan Amer­ ican Union represent the backbone of a pacific society of nations*

United States leadership has been most valuable

in giving strength to the steady development of a recog­ nized collective authority# Collaboration in the field of the pacific settle­ ment of disputes has been a proving ground in which the American republics have experimented with large-scale inter­ national machinery#

Success in this sphere has given en­

couragement to cooperative undertakings in other political, economic, military, and cultural areas# Moreover, decades of tradition and experience prepared these twenty-on© re­ publics for meeting Jointly the critical problems of the present war#

The establishment of a collective internation­

al authority requires time, for, as quiney Wright has said: w01early no political organization can function unless its objectives, its procedures, its competence, and its personnel are sufficiently permanent to devel­ op certain familiarities and routines and to create 50 a sense of stability and security among its members#" It was the institutional authority of th© inter-American conferences which made possible th© development of an Am©ri-

43 oode of principles and special machinery for the pacific settlement of international controversies,

United States

diplomacy deserves great credit for initiating the First International Conference of American States In 1889 and in continuing to give stabilizing support to the other seven general conferences and numerous special conferences and meetings since the time of Blaine# 3# An “American* Code of law International law is produced only through gener­ al acceptance of common rules of action by many respected members of the International society of states,

The deci­

sions of courts and tribunals, the opinions of jurists, the advices of boards of inquiry and commissions of concili­ ation, the customs of various governments, and the domestic law of states contribute to that body of principles known as International law,

In addition, the most conclusive

contributions to the law of nations are the treaties, con­ vention®, and even the resolutions adopted by congresses of nations held for th© express purpose of multilateral agreement#

Such a method of achieving international legis­

lation is obviously of far more value than the tedious process of unilateral pronouncement or bilateral agreement* What kind of a collection of legal rules have the countries of th© Western Hemisphere adopted as the result of United States support through endorsement and application?

u

And, how have these rules and principles been used to imple­ ment the objective of establishing a peaceful and harmonious family of nations in this hemisphere? At the very first Confer©no® of American States, held under United States leadership in 1809, the following resolution was signed by all attending states except Chiles "First: That the principle of conquest shall not, during the continuance of the treaty of arbi­ tration, be recognized as admissible in American public law, "Second? That all cessions of territory made during the continuance of the treaty of arbitra­ tion shall be void if made under threats of war or in the presence of an armed force* "Thirds Any nation from which such cessions shall be exacted may demand that the validity of the cessions so made shall be submitted to arbitra­ tion* "Fourths Any renunciation of the right of arbitration made under the conditions named in the second section shall be null and void*#53 Though this resolution was never ratified by enough states to give it any binding value, it was significant for key­ noting oertaln fundamental principles which have eventually become fully accepted: proscription of territorial conquest, and the settlement of disputes by pacific means. The principle of juridical equality of nations was emphasized by the United States in 1889 through provid­ ing for a system of equal voting for all states represented 5A at the Conference* At that time, too, a movement was against started/the granting of special favors to foreigners in dis­ tinction to citizens within the boundaries of states.

45

Throughout the succeeding Conferences effortswere made to bring the American republics into agreement on eertain general principles and to codify international law through the appointment of special committees of jurists. A Convention for the codification of international law was signed at the Second Conference at Mexico City in 1902, though it was never put into effect.

The 1906 Conference

at Bio de Janeiro set up an International Commission of Jurists only to have their project interrupted by diffi­ culties resulting from the World War and the chaotic con­ ditions of that period*

The Santiago Conference of 1923

toolc a step forward by reorganizing the Commission, which then proceeded to prepare a list of projects for the ap­ proval of the Sixth International Conference of American States at Havana in 1928* At last seven Conventions were adopted on common subjects of public law* the status of aliens, treaties, diplomatic officers, consular agents, maritime neutrality, asylum, and the rights and duties of states in the event of civil strife*

Simultaneouslythe Conference adopted a

Code of Private International Law whieh had been prepared by the International Commission of Jurists.

United States

citizens participated by serving on this Commission.

The

Havana Conference of 1928 thus became a distinct milestone on the road to formulating a definite body of law for the 55 regulation of inter-American relations.

46

Further progress was made at the Montevideo Con­ ference five years later when the delegates signed donventlons on the rights and duties of states, nationality, extra­ dition, and political asylum*

The United States delegation,

with Secretary Cordell Hull at its head, dispelled the fears of the Latin American states hy agreeing to^rinciple that no state has the right to intervene in the internal or ex­ ternal affairs of another state*

This rule has been reiter­

ated in Declarations at ©very Conference since 1933 and has beoome a cardinal point in the inter-American political creed* In 1936 President Eoosevelt rendered a distinctive service to the cause of formulating an American cod© of international conduct when he used his influence to convene the Special Inter-American Conference for Maintenance of Peace*

Though this meeting was not one of the regular gen­

eral conferences, it was of equal Importance*

In the sum­

mary Declaration the following principles were set down: ”(a) Proscription of territorial conquest and that, In consequence, no acquisition mad© through violence shall be recognized* ”{b) Intervention by one State in the internal or external affairs of another State is condemned; *{c) Forcible collection of pecuniary debts Is Illegal; and ”(&) Any difference or dispute between the American nations, whatever Its nature or origin, shall be settled by the methods of conciliation, or full arbitration, or through operation of Inter­ national justice*” (See Appendix 1)

47

The Declaration emphasized in striking language the solidar­ ity of the American republics, united in an "American system" through common ideals, purposes, and activities.

The United

State® was an active leader in cementing this "moral union". Kvidences of good faith* such as the abrogation of the Platt Amendment* which applied to iCuba, and the signing of new agreement® with Panama* Haiti* and Central American countries, went far to demonstrate to Latin America that this country was willing to go as far as it dared within the limits of 56 maintaining peace and security in the hemisphere. While Roosevelt, Hull, and Welles were thus giving effectual meaning to the Good Neighbor Policy, rumblings on the other side of the Atlantic caused Latin Americans to gladly welcome the accelerated movement toward solidarity in peacefulness.

The year 1938 will go down in history as

the year of Munich and "appeasement", but it will also be known, at least on this side of the Atlantic, as the year of the epoch-making Declaration of Lima.

It was this new

hemispheric Declaration which distinctly marked out the na­ tions of this continent as a coherent community of states 57 subscribing to a common body of principles. The following phrases indicate acceptance of the ways of peace: "conti­ nental solidarity", "territorial integrity", "procedure of consultation", and "juridical equality"* In addition to the Declaration of Lima the Con­ ference adopted a Declaration of American Principles for "the preservation of world order under law".

These eight

48 principles (Appendix B) enunciated a constitutional creed for the new "American System”s no intervention, settlements hy peaceful means only, proscription of force, a regime of law, respect for treaties, collaboration and understanding, economic reconstruction, and international cooperation. Exclamation points might justifiably punctuate each of these phrases in consideration of the fact that 1938 was a year in which most of the forces for peace and order on the inter** national horizon were beating a shameful retreat, These principles were significant because without them it would have been futile to set up a formal system of machinery for the pacific settlement of international controversies. 4* Machinery for Pacific Settlements

While the Fan American nations developed more fre­ quent and intimate contacts as a closely-knit hemispheric group, it was only natural that they should experiment in various methods of settling their differences peacefully. These methods have ranged from simple diplomatic negotia­ tion to formal, legal processes of adjudication. Negotiation Purely in the realm of diplomacy is the method of negotiation in which two or more parties handle a disturb­ ing matter Informally through their own ministers or agents. A recent case in United States-Latin American relations was the settlement of the Mexican oil properties controversy*

49 By decree of President Lasaro Cardenas extensive oil proper­ ties of British, American, and other foreign companies were taken over on March IB, 1936, hy the Mexican government. Bitter feelings resulted.

In April and May the British and

Mexican ministers were recalled by each country in turn.

Bo

such radical action was taken by the United States, but Sec­ retary of State Hull and tJnder-Secretary Welles filed pro­ tests with the Mexican government asking that "prompt, ade­ quate , and effective compensation be paid to the owners of properties taken."

Mexico admitted its inability to pay,

and Donald H. Riohberg was sent as a special agent repre­ senting oil company interests to negotiate with President Cardenas Negotiations made very slow progress until the more conservative Manuel Avila Camacho ascended to the presi­ dency of Mexico In 194&*

In answer to a direct question

from a New York Times correspondent concerning the oil dis­ pute President Camacho made this comment on September 30, 1941? "The settlement of pending problems between Mex­ ico and the United States will show that the policy of inter-American collaboration represents not only a theoretical doctrine but a practical means of aohievlng tangible and equitable results * For this reason the settlement will increase the hopes of those in Mexico who rightly believe that the cause of the Americas Is a common cause. "Moreover, the settlement will be the touch­ stone to prove the genuineness of the Good-Neighbor policy." £9

Through the autumn of 1941 negotiations continued under the

50

supervision of Secretary of State Hull and the Mexican Foreign Minister, Bxequiel Padilla,

By Hovember 19 a

satisfactory working agreement was effected whereby Mexico was to pay #4 0 ,000,000 in settlement of agrarian claims, and the United States, In turn, was to make equally large advances In Bxport-Import Bank credits and other loans* Arrangements were mad© for purchasing approximately #2,000,000 worth of Mexican silver per month,

The details

of the agreement are not as important in this review as the spirit in which it was accomplished* A tolerant attitud© pervaded the exchanges of viewpoints, and the United States won a moral victory without losing face diplomatical­ ly,

Foreign Minister Padilla expressed his country*s satis­

faction, claiming that the settlement marked the opening of 60

"a new epoch in Mexican-American relations" * Consultation

"An exchange of views relative to the solution of a controversy which endangers the peace of the world," is sometimes called consultation according to Philip les61

sup#

It is a term used especially when referring to an

interchange of views between governments, relative to a dispute, when their representatives are gathered in con­ ference,

Consultation is, like negotiation, a strictly

diplomatic process which is based upon political not jurid­ ical considerations * It is similar to mediation as described

53 *

except that consultation usually implies the participation of several outside governments in the deliberations• The trend of recent years In inter-American af­ fairs has strongly favored this informal diplomatic method of settling disputes.

The Buenos Aires Peace Conference

of 1936 provided for a procedure of consultation to be utilised in the event of any

Mact susceptible of disturb­

ing the peace of America”* In 193# the Declaration of lima arranged for the calling of a Meeting of Ministers of For­ eign Affairs at the initiative of any one of the twenty-on® republics in order to facilitate consultations for the pre­ servation of peace* (Appendix A) Through this flexible means of diplomatic nego­ tiation many knotty international problems can be solved. This may develop as an ^American way” of unravelling hemi­ spheric troubles rather than through more formal methods of Juridical procedure*

Its weakness lies usually in a fail­

ure to provide definite techniques or agencies for ascer­ taining facts, listening to appeals, and arriving at definitive conclusions,

Such methods fall more within the

field of conciliation* A timely instance of the successful application of the technique of consultation is the case of the PeruEouador boundary dispute*

In mid-summer, 1941, border

fighting broke out between Peru and Ecuador, and the matter Immediately became the concern, of the United States and all other American Republics*

Argentina, Brazil and the

52

United State© had already offered to arbitrate the dispute 63 la May, 1941* Months passed and the friction along the border continued* When all the American republics met at the Bio do Janeiro Conference in January, 1942, problems of the global war were uppermost in the minds of the Ministers of Foreign Affairs*

But here was this disagreeable little dispute be-*

tween two American states, right in the very "backyard” of the hemisphere*

It was an excellent opportunity to prove

the value of the consultative method*

Delegates of Argen­

tina, Brazil, Chile, and the United States worked with the spokesmen for Ecuador and Peru, and finally agreed upon a 64 satisfactory plan. A month later, on February 28, Acting Secretary of State Welles was able to announce that the Con­ gresses of both Peru and Ecuador had ratified a treaty final­ ly settling a dispute of 125 years duration.

Welles took

pride in the fact that this country had had the privilege of using its good offices with other neutral powers to bring about the peaceful conclusion of the controversy, saying; "The final solution of this long pending con­ troversy is a matter of deepest satisfaction to the Government of the United States, "It affords a further proof of the ability and determination of the American republics to settle all disputes between them by pacific methods,” 65 fhis case may Illustrate the advantage of having several neutral parties participate in a settlement, thus exerting collective Influence upon the disputants to com© to terms.

53

Good Offices When two or more parties are involved in a dis­ pute of an international nature, a friendly outside power may aid in the direct settlement of the affair by promot­ ing communication between the disputants or by furnishing them a common meeting place*

The Hague Conventions of

1899 and 190? outlined the desirability of extension of good offices by friendly states to involved parties* Eighteen American republics endorsed one or another of these Conventions*

66

In 1933 the Seventh International

Conference of American States, meeting in Montevideo, re­ affirmed the principle of good offices*

The United States

has a very creditable record through numerous offers to parties on this continent as well as Europe and Asia* Secretary of State Hughes helped to prevent hostilities between Gosta Bioa and Panama by the timely offer of good 6? offices In 19&1*

Going further than good offices is the practice of mediation which implies an offer to actually take charge of the conduct of the parties* negotiations as well as making suggestions for solution of the difficulty.

68

A famous

ease in United States-Latin American relations demonstrated effectively the willingness of this country to accede to the proposals of lesser powers in disputes to which it was a party*

54 la 1914 President Wilson ordered United states forces to occupy Vera Cruz, Mexico, in order to check the outrages of the usurper, General Victorian© Huerta#

When

Argentina, Brazil, and Chile offered to mediate the affair, Wilson quickly accepted, thus fortifying this country’s reputation for peaceful intentions in the eyes of Latin Americans * Unwillingly, Huerta accepted the proposal from the A B C powers to meet with the United States at Niagara Vails, Ontario, on May 20, 1914*

The mediators made an ex-

tensive proposal for settlement, including the installation of a provisional government in Mexico which was to he recog­ nized by the mediating powers, the adjustment of certain foreign claims for indemnity, and the awarding to the United States of only the expenses of the occupation*

The dele­

gates of the United States readily accepted the settlement, under reservation of not recognizing a Huerta government. When the terms of the protocol were read at Mexico City, the Huerta Government fell, General Huerta abdicated, and the provisions of the mediation were never carried out.

At

least President Wilson had made a favorable impression on the other Pan-American governments*69 Inquiry

The function of investigation and reporting re­ garding the causes of a dispute is often performed by an international commission which may constitute only a fact­ finding agency. In other cases bodies of inquiry continue

55

and assume functions of conciliation through recommendation of a solution to the dispute* A plain statement of the facts of the case often goes far toward acceptance of a 70

settlement*

Since commissions of inquiry have usually

been associated with provisions for conciliation of dis­ putes | these two agencies for peace will be described to­ gether* At the present time the United States with other nations maintains some thirty-eight separate panels of inquirers who have been appointed to serve in cases to which the United States might be a party* A fitting example is the Agrarian Claims Commission which was set up jointly by the United States and Mexico to investigate the compensation for American-owned lands expropriated in Meadeo*71 Conciliation A commission of conciliation investigates a dis­ pute and makes a recommendation or offers advice. It never hands down a compulsory decision*

72

In 1913 and 1914 Secretary of State Bryan negoti­

ated some thirty peace treaties providing for commissions of conciliation which were to investigate and report on dis­ putes of an international character* Fourteen of these treaties were with Latin American states * A special safety device was arranged in the way of a one-year cooling off period while the commission was doing its work* It was hoped that during that time the disputants might become

56

better prepared to accept a peaceful solution#

Little

fruit came of these treaties, however# The Fifth International Conference of American States at Santiago, Chile, which met in 1923» marked a new departure in the development of continental peace machinery# The so-called Gondra Treaty was distinctive because for the first time the United States consented to delegate to Latin Americans a determining voice in a dispute submitted under the provisions of the agreement#

Two permanent commissions

were set up, one at Washington and another at Montevideo, for the purpose of receiving requests and transfering them to a commission of inquiry composed of five persons*

Due

to the fact that the commission for investigation was to be constituted with only one national from each of the states which were parties to the dispute, the United States would be submitting to the Judgment of a body on which sat four Latin Americans but only one United States citizen# (Appendix F) Like the Bryan treaties, the Gondra paot arranged for a cooling off period during which time the parties were to undertake "not to begin mobilization or concentration of troops on the frontier of the other Party, nor to engage in any hostile acts or preparations for hostilities#"

The

jurisdiction of the commissions was inclusive rather than exclusive, providing that, "All controversies which for any

57

cause whatsoever may arise between two or more of the High Contra©ting Parties » « « shall be submitted for investiga­ tion and report to a Commission*w It is understood, of course, that the conclusions of the Commission were purely advisory* Article 6 of the Convention stated: "the findings of the Commission * * * will not have the value or fore© of judicial decisions or arbitral awards • 11 Another conciliation arrangement was set up on the same lines under the title Inter-American Convention on Conciliation* 1929#

It was signed at Washington on January 5*

{Appendix C)

And, in 1933 at Montevideo the Seventh

International Conference adopted an Additional Protocol extending the arrangements for Inter-American Conciliation* (Appendix H)

Probably the best-known recent case of concilia­ tion was the Leticia Affair* Both parties to the dispute, Peru and Colombia, had signed the Oondra treaty, and Peru called upon the permanent commission of diplomats at Wash­ ington to begin an inquiry* Colombia balked at the initia­ tion of an investigation in a "domestic question"# Then, the League of Nations Council took a hand in the dispute. The United States cooperated in the work of the Commission of Inquiry and Administration carrying on its operations In the disputed territory* A settlement was finally reached on May 24, 1934, providing for respect for existing treaties, demilitarization of the Leticia district, free navigation of

the Amazon and Putumayo rivers, and a promts® of non* aggression by both parties*

73

Arbitration Arbitration Is the procedure by which parties con* sent to submit a dispute to a tribunal of their own choosing which is to settle the question on a basis of compromise rather than according to a legalistic approach*

The board

or commission makes an effort to bring the disputants onto common ground in order to arrive at an acceptable agreement* As early as the first inter-American conference in 1&&9 an arbitration treaty was signed by eleven countries, but failure in the process of ratification resulted in its being little more than a hopeful gesture.

At the Second

International Conference of American States at Mexico City In 1901*1902 the United States delegates added their weight to the peace movement by signing a treaty covering the arbi­ tration of pecuniary claims, but, as usual, no compulsory features were attached*

It was, however, an improvement

over the earlier treaty of the Washington Conference, and the United States joined the other states in ratifying this treaty*

The President, Theodor© Roosevelt, proclaimed the 74 treaty in 1905# The Fourth International Conference, which met at

Buenos Aires In 1910, adopted a general Claims Convention which provided that former treaties of arbitration should continue in force and that nations should adjust claims for 75 pecuniary loss or damage through diplomatic channels*

59

In accordance with resolutions passed at the Havana Conference of 1928, a special conference met at Washington in January of 1929*

The results of its labors

were two Conventions, one on Conciliation (mentioned afeove) and the other, the Inter-Amerioan Convention on Arbitration* This latter Convention provided for investigation and set­ tlement of "all differences of an international character* * * which are juridical in their nature by reason of being susceptible of decision by the application of the principles of law*" (Appendix I)

In addition, certain types of cases

were expressly described; "(a) The interpretation of a treaty; *{b) Any question of international law; "(c) The existence of any fact which, if estab­ lished, would constitute a breach of an international obligation; "(d) Th© nature and extent of the reparation to be made for the breach of an International obligation*" Only controversies within the domestic jurisdiction of one of the parties or questions affecting the interests of third parties were specifically excepted from the scope of

this treaty* Furthermore, the striking advance contained in this instrument was the provision for an award of judicial finality*

Article 7 stated!

"The award, duly pronounced and notified to the Parties, settles the dispute definitively and without appeal*" The value of this arrangement for arbitration was only as a model for future experiment, for it has had no

60

known application# A natural reluctance on the part of government© to make any commitments which may Impair their sovereignty has been a considerable obstacle in setting up peace machinery# Adjudication Most formal of all means of peaceful settlement of disputes is adjudication, for her® impartial courts or tribunals of justice are employed, and decisions are based on legal principles. Judges on the court are not repre­ sentative of either party to the dispute. It is assumed that the parties ,fat the bar* will aocept the verdict as binding* Justice, through the application of law, not political compromise, is the objective. Though there have been numerous blueprints and projects for an American International Court of Justice the only one which has actually tried cases as a function­ ing reality was the Central American Court of Justice, established at a conference in Washington in 1907*

This

Court was short-lived, one of the causes of its demise being the refusal of the United States to accept its decision declaring as illegal certain privileges granted to the United States in the Bryan-Ohamorro Treaty*

76

Probably the highly developed procedure of adju­ dication must wait upon a strengthening of the Pan-American collective authority and the growth of a richer body of international law*

61

A contribution of the United States to the set­ tlement of International disputes through adjudication is the grand example of the Supreme Gourt of the United States, for it was a court of justice set up by the citizens of sovereign states for the settlement of disputes among those states, as well as other cases, This court, through the years has built up for itself an esteemed reputation for impartiality so that its decisions ar© accepted without resort to physical coercion* This is a worthy example for the states of the Western Hemisphere or the rest of the world to study in making plans for an international judicial body#77 Sanctions It is obvious from the rehearsal of facts de­ scribing various methods for settling disputes that there has been as yet no plan for compelling a sovereign state to obey the decision of an International commission or tribunal# At times, a© in the Ghaoo dispute between Para­ guay and Bolivia, particular nations have threatened alleged aggressors with reprisals, but none of the InterAmerican peace instruments has embodied plans for sanctions# The basic strength of the Pan-American organiza­ tion lies in it© achievement of purposes without the em­ ployment of coercive methods* The United State© has for the most part given generous support to th© ideal of moral suasion in international relations* In stressing this point

6a

m

a cardinal principle of our diplomatic policy, Hobart

Aura Smith stated$ "Our policy Is our method of living with other states, Internationally, It has value and authori­ ty to the degree that we *Implement1 it* • • • In so far as It is possible, we undertake this imple­ mentation by peaceful means* We attempt to per­ suade others of the validity of our judgments, the honor Involved in our agreements, the justice that underlies our acts*" 78 The mere statement that the American republics In their collective capacity do not employ sanctions is misleading. It is true that these states have consistent­ ly refused to set up any institution or international authority which might compromise their sovereignty, but this does not mean that the states individually and in unison have not been able to wield tremendous influence and bring real pressures to bear on each other* As Quincy Wright pointed outi "The enforcement of law never depends wholly upon coercive measures, Instituted by the community against violators of the law* Public opinion, selfinterest, and custom always play a part along with coercion in preserving law and order* The problem of sanctions cannot be solved by any one device, but by developing numerous changes in the community of nations* "If a substantial body of opinion in every State considered international Institutions import­ ant, actively opposed acts of the national govern­ ment in violation of international law, and empha­ sized the long-run advantages of meeting interna­ tional responsibilities and fulfilling internation­ al obligations, it would become more difficult for government to violate law," 79 Probably It is In the field of sanctions of an in­ formal, extra-legal character that the United States has wielded and can wield its greatest influence for the pacific

63

settlement of international dispute©,

Philip Jessup defined

sanctions in the broad sens© a© "any pressure used for the purpose of making effective a collective decision or Judg­ ment concerning a breach or threatened breach of world

peace*" A fitting example of United state© cooperation in strengthening the moral union of Pan-America in behalf of a more peaceful hemisphere was evidenced in 1933 soon after President Roosevelt had announced hi© Good Neighbor Policy* The United States gladly joined with all the other American state© in endorsing the Anti-War Treaty at Rio de Janeiro on October 10» 1933*

This so-called Saavedra-Lamas Treaty

contained essentially the same renunciation of war as that which was the keynote of the Kellogg-Briand Pact of Paris* But the Pan-American treaty went much further , making posi­ tive provision for the peaceful settlement of all disputes through channels of diplomacy or conciliation or similar pacific methods* Wars of aggression and territorial con­ quest were definitely condemned, and any gains by such means were declared invalid*

Though such anti-war pacts have

"lacked teeth", they contribute to the establishment of positive attitudes of carrying on international relations peacefully in a society committed to a rule of law* If there is any salvation in the American system of juridical solidarity, it is because these twenty-one republics have been fundamentally peace-loving in their attitudes and have crystallized their desires in collective

Institutions wielding a steady influence for accepted principles of international fair-play and justice*

Pro­

cedures of settlement have often proved imperfect and inadequate, but the many successfully handled cases in­ dicate that progress toward a more harmonious society can be made*

In subscribing to pacific doctrines, in

fostering the inter-American conferences and Pan American Union| in promoting a regime of law embracing high princi­ ples of international relations, and In actively partici­ pating in all the commonly known procedures of pacific settlements, the United states has added considerably to the progress toward juridical solidarity in this hemi­ sphere*

65

OHAjPTHE

it

TEENIES TOWARD ECONOMIC SOLIDARITY Economic like political and juridical solidarity Sms progressed In the Western Hemisphere through a common striving for mutually beneficial goals.

Since the days of

Jefferson the desire for trade expansion between the coun­ tries of the American continent has been apparent* but re­ cently these economic factors have played a double role, In the field of business and in the task of hemispheric de­ fense.

The war has given these nations not only the emer­

gency problem of maintaining trade balances at subsistence levels in spite of severed commercial ties with other conti­ nents but also the perplexing proposition of satisfying stupendous demands for strategic materials and articles of war. This subject of economic collaboration in wartime is a special phase of economic solidarity* and so it will be considered separately.

Prior recognition should be given

to the decades of experience in the simpler matter of eco­ nomic cooperation for the sake of profits*

The internation­

al scene has changed so rapidly since Munich and Lima that the tedious development of inter-American ties in the previ­ ous fifty years appears unbelievably slow in retrospect. 1. The Early Courtship In post-Givi1 War days* as the Dnited States

66

foreign trad® rapidly expanded, totin American countries contributed their fair share to the business boom#

A

sound basis for a healthy trad® relationship existed be­ cause many of the totin American products were non-competi­ tive with United States manufactures, thus not jeopardising this country#s protective system#

Oh the other hand, the

totln Americans needed manufactures produced in surplus by 00 the United States# The primary difference in the economies of this nation and the other American republics was that the United States was more advanced industrially, having machines and manufactured products to sell, while the states to the south were more "primitive” in their industrial development, having raw materials as their chief exportable goods# Any complementary features of the hemispheric economic system must usually be traced to this fundamental difference# A rising spirit of "commercial Pan-Americanism”

was demonstrated In the speeches and bills presented to Congress in the 1870 *s. in 1070, for example, Senator lames G# Blaine took the floor to support a bill granting a govern­ ment subsidy for establishment of a first-class line of merchantmen to Brazil,

He gave statistics to prove that of

the #9 0 ,000,000 annual imports of Brasil only #7,000,000 was being supplied by the United States*

Brazilian pur­

chasing agents had no easy method of coming to this country because of the lack of transportation facilities, according to Blaine, so "they do not really know in Brazil what we

67 have to soil and what wo are able to manufacture and offer 81 them** A keen spirit of competition with the British for totin American trade was evidenced by Blaine’s speech to the Senate* In President Arthur’s administration* in the early 1880*s, negotiations were carried on with Mexico* Cuba* Puerto Rico* and the Dominican Republic for the establishment of reciprocal trade treaties, arranging for a mutual reduction of tariff barriers.

Delay in Senate

approval and later the unfavorable action of President Cleveland accounted for the failure of these commercial pacts♦ But in 1888, in answer to insistent demands for new gestures toward Latin America, Congress made a grant for a general inter-American conference to consider improve­ ment of trade relations*

fh© First International Conference

of American States initiated a new trend toward hemispheric commercial harmony in 1889 -1890 . Ther program of the First Conference, opened by

Secretary of State Blaine, listed the following subjects for consideration} “measures that shall tend to preserve and pro­ mote the prosperity of the several American States, “measures toward the formation of an American customs union, “the establishment of regular and frequent com­ munication, “uniform customs regulations, port charges, and measures, and laws to protect the patent-rights, copy-righta, and trad©-marks»” 83

68

It was an ambitions agenda for snob an early day* so only a few of the objectives were aohieved.

The most

notable contribution of the Conference wa® the establish­ ment of the International Bureau of the American Republics* This organisation was primarily an agency for the exchange of Information and for making plans looking toward improved commercial intercourse among the western republics*

Since

the United States had the greatest stake in international trade, it Is not surprising that this country contributed a large share of the leadership and funds for the organiza­ tion*

In later years, as the general inter-American con­

ferences utilized the Bureau as their permanent secretariat many new and varied activities in cultural as well as com­ mercial fields were undertaken, and all of the republics participated in the work and contributed to its financial support#

In 1910 the name of the Bureau became the Fan

American Union, and it moved to a palatial new building in Washington which was the gift of Andrew Carnegie, one 84 of the United State® delegates to that First Conference* 2* Effort® in Reciprocity ,The matter of tariff reductions was dropped from the discussions of the inter-American conferences from 1889 until the Havana conference in 1928, but the manipulation of i&port duties continued as a very live Issue in industrial and political circles in the United States*

At Blaine*s

behest the McKinley Act of 1890, a tariff law, wa© so

69 utilised a® to allow the Prestdent executive discretion in imposing duties on a wtropical list” whenever nation ft har­ ing suoh products for export failed to grant reciprocal immunities to United States exports.

Through a series of

executive agreement®! made under threats of retaliation, Blaine obtained tariff concessions from ten countries, in-* eluding^Latin American nations! Brazil, Cuba, Puerto Rico, Dominican Republic, Nicaragua, Honduras, and Guatemala, These countries thus avoided duties on their exports of tea, coffee, hides, sugar, and molasses; and reciprocity for United States exports resulted In an increased trade while the agreements were in force*

The return of Cleve­

land to the White House In 1693 opened the way for suspend­ ing these agreements; however, when William McKinley was elevated to the presidency an effort was made to revive the arrangement under the Dingley tariff act of 1697% No great success was achieved and reciprocity was abandoned as a general policy In 1903% The expanding industrial economy of the United States resulted in a steady increase in the export of goods and capital to Latin America and the purchase of raw materials in return,

Theodor© Roosevelt anticipated the means to this

development in giving instructions to the Secretary of State Just prior to the Second American Conference held in Mexico City in 1901-1902!

♦•We may assume that, if the proper means are provided* the volume of our trade with South America will soon grow to large proportions* These measures arei adequate transportation facilities, such as

70

steamship lines, railroads, and an isthmian canal; reciprocal trade relations; participation in the business of banking; and a corps of commercial travelers specially ©quipped for the Latin Ameri­ can trad©*** 86 This proposed program for bettering trade relations shows the many channels which were open to implementing closer economic relations with the Latin Americans* Collective endeavors to improve trade relations between the United States and Latin America during the first quarter of the century were confined largely to the elimination of minor inconveniences to commerce.

Confer­

ences discussed regulation of consular activities, shipping practices, patents, and matters which constituted only the fringes of the central problem of tariff barriers* 3* Gestures of Good-will In recent times, however, a striking change in United States-Latin American trade relations has been ac­ complished through the positive good-will programs of Herbert Hoover and Franklin D* Roosevelt*

As President­

elect, Hoover mad© a good-will tour of the principal coun­ tries of South America in the fall of 1928 so that h® might exchange views on vital problems with the officials of those countries*

Four concrete results cam© from this

visit and th® positive policies Inaugurated by Hoovers first, the reorganisation of the United States diplomatic service in Latin America with an extension of the career service so that political appointees might be replaced by

71

better qualified men who knew the language and cuetoms of the countries; second» the creation of an all-Amerloan air service; third, the settlement of the Taona-Arioa dis­ pute; and fourth, the Initiation of a liberal policy in respect to the interventionist attitude of the United States*

In an address made by Hoover shortly after his

inauguration in the spring of 1929 he repeated a declara­ tion he had already mad© a number of times on his South -American trip; ”1 mention one sinister notion as to policies of the United States upon our relationships with our Latin-Axaerican neighbors* That is, fear of an era of the mistakenly called dollar diplomacy* X can say at once that it never has been and ought not to be the policy of the United States to intervene by force to ©©cure or maintain con­ tracts between our citizens and foreign States or their citizens* Confidence in that attitude is the only basis upon which the economic co­ operation of our citizens can be welcome abroad* It is the only basis that prevents cupidity en­ croaching upon the weakness of nations— but , far more than this, it is the true expression of the moral rectitude of the United States,tt 87

Hoover mad© good his promise by beginning a withdrawal of United States "policeman” supervision in the Caribbean and in Central America*

A firm foundation for a new era in

hemispheric relations was laid* Under President Boosevelt a Good neighbor Policy was promoted which carried out President Hoover1s goals at an accelerated pace. 4* Success in Reciprocity At the Seventh International Conference of American States in 1933* the newly appointed Secretary of

72

State, Cordell Hull, Impressed the delegations gathered at Montevideo by Introducing a resolution in favor of a general lowering of tariff barriers#

Commercial problems

of primary importance were freely discussed at this Con­ ference, and conditions seemed rip© for substantial gains gg in economic reciprocity# In 1934 Hull was influential in the initiation of a series of reciprocal trad© agree­ ment which have been among the most distinctive contribu­ tion© of the United States to the solidarity movement# Upon request of President Roosevelt, Congress passed the Trad© Agreements Act as an amendment to the Tariff Act of 1930#

The 1934 Act authorised the Chief

Ixecutlv© to enter into executive commercial agreements with foreign nations "for the purpose of expanding foreign markets of the United States"*

Secretary Hull, in hi© ex­

planations to the House Ways and Means Committee, stated that, "The primary object of this new proposal is both to reopen the old and seek new outlets for our surplus production, through th© gradual moder­ ation of the excessive and more extreme impediments to the admission of American products into foreign markets* At th© same time by force of example we would be encouraging th© advance of a world-wide movement for the readjustment downward of excessive trade barrier©#" 89 Hull’s program for expanding the volume of trad® and eliminating barriers to the free flow of trade was based on the most-favored-nat ion principle introduced into United States treaty structure by Secretary of State Hughes

73

ia 1922-1923 and extended by both Kellogg and Stimson* ^ The far-reaching innovation of the 1934 Act Is the offering to all nations not discriminating against the United States every advantage of any reciprocal trade bargain#

These executive agreements might alter existing

tariff rates by as much as 50$* though dutiable articles might not be transferred to th© free list* or vice versa# Th© liberality of the policy, as far as the United States is concerned, is demonstrated by th© fact that favors granted to any nation under a reciprocal concession are automatically extended to all other nation® without th© drawing up of a special agreement, provided, of course, that such nations do not discriminate against the United States#

Since any agreements or procedures derived from

application of the 1934 Act do not need a special Senatori­ al treaty approval, there is comparatively little opportuni­ ty for the traditional interference of partisan polities 91 or special interest lobbies* To date, eleven reciprocal agreements have been executed with Latin American states, namelyj Brazil, Colombia* Costa Hioa, Cuba, Ecuador, K1 Salvador, Guatemala, 09 Haiti, Honduras* Nicaragua* and Venezuela*7 The results of the program have favorably affected nearly 56$ of all products imported into these countries from th© United States*

The agreements with Latin American countries

have dealt mostly with duty-free commodities, binding them

74

on the fro© list# For example, coffee, bananas * and cacao beans have been in this category* The principal imports from Latin America which have been affected by reductions in tariff duties are sugar (from Cuba), crude petroleum and fuel oil, Brazil nuts, castor beans, tobacco, and pineapples*^ The reciprocal trade agreements have rendered a distinctive service to the Latin American economy in per­ mitting those debtor countries an opportunity to export a larger volume of goods* Unless they can build up a socalled "favorable” balance of trade they can never repay United States investors the principal or even th© Interest of loans# For some time to com© Latin America must be a supplier of products in th© channels of world trade more than a purchaser of products so that a surplus of funds may be acquired for use in liquidating foreign investments# By recreating purchasing power in these debt-ridden coun­ tries th© United States will not only aid the rehabilitation of their national economies but will also profit itself through expanding the "potential" of this vast market# A pertinent example of just such a development is the increase in trade with Cuba* Before th© agreement with Guba went into effect on September 3# 1934# Guba was in the !

depths of a business depression# Through greatly increasing th© exports of the island republic to th© United States, Cuban purchasing power was expanding with the result that

imports from this country jumped from thirty-five million dollars in the year preceding th© agreement to fifty-five millions in the first year of the bargain and sixty-four 95 millions In the second year* In the ©am© manner United States trad© with other lattn American countries has Improved under th© reciprocity agreements*

To make a comparison, United States trade with

nonagreement countries increased only 4$ in 1936 over 1935, but exports to Brazil increased by 12$, to Guatemala by 16$, to Haiti by 21$ and to Colombia by 29$* Officials of the Department of State admit that there are numerous factors affecting international trade, but the fact that the abovementioned republics have joined in reciprocity arrangements with gratifying results augurs well for the future of the i 96 plan.

The utilization of th© trade agreements program for purposes of national defense was emphasized by President Roosevelt at the National Foreign Trade Convention on August 2, 19401 ”Th© substantial progress made during the past six years in our efforts to maintain trade between free nations on th© basis of the liberal and demo­ cratic principles which underlie our trad© agree­ ment program has not by any means been lost* In order to safeguard the progress made thus far, and to meet any external threat to our economic security, we must redouble our efforts to bring about, by every practicable means, the closest possible econom­ ic cooperation with other countries, particularly with those in th® Western Hemisphere. It is my profound conviction that such a vigorous program of economic defense is an essential part of our national defense program*” 97 Du© to th© interruption of norma! trad® relations

76

by th© war it Is hard to male© any estimate of th© true results of the reciprocal agreements*

Even prior to 1939

th© close control of purchasing by totalitarian governments of Europe caused irregularities in the export trends of American countries*

Needless to say* th© present wartime

"boom" in United States-latin American trade must be partial­ ly explained by th® severance of commercial routes to other continents * 5» Economic Collaboration for Defense Recent developments In hemispheric relations have exhibited a very realistic growth of solidarity because they have been rooted In vital economic relationships of primary importance to the national welfare of all states*

The des­

perate need for the tools of defense in every country has given the United States a golden opportunity to contribute to th© cause of hemispheric solidarity*

No other state is

equipped industrially to take the necessary leadership* The United States is the keystone of th© areh in the field of economic preparations, but the cooperation of th© Latin American states is also essential.

Th© partner­

ship implies a sharing of the load by equals; no state can assume a dominating role*

As A.K, Upgren has written,

solidarity must be "consultative and responsible". two words are fraught with meaning*

These

They Indicate a reliance

upon voluntary collective action and an abhorrence of any kind of International unity which is dietated or any

77 International authority which cannot be held accountable for its actions#

Participating-members in hemispheric

solidarity must act of their own will and by mutually re-* speotful means# ‘ The 193® Conference at Lima laid the groundwork for the coordinated action of th© Meetings of Ministers at Panama# Havana# and Rio de Janeiro#

In the unanimously

approved Declaration of Lima# apprehension was signalized by the paragraph which reads "And in case the peace# security or territorial - integrity of any American Republic is thus threatened by acts of any nature that may impair them, they proclaim their common concern and their determination to make effective their solidarity# coordinating their respective sovereign wills by means of the pro­ cedure of consultation, « • * using the measures which in each case the circumstances may make advisa­ ble#" And so# that speed might be achieved in critical times# specif1© arrangements were made for calling meetings at the initiative of any of the twenty-on© states*

On the strength

of this Declaration, Roosevelt# Hull, and Welles laid plans to utilize the vast resources of th© United States to fortify the Western Hemisphere against the exigencies of world war* Arrangements of a protocolary nature were ready so that when Hitler*@ panzer-divisions rolled into Poland on September 1# 1939, a call was immediately sent out to th© Ministers of Foreign Affairs of all American republics to meet at Panama to consult on measures of readjustment to the war situation* Of the agreements mad© in the Panama Meeting, the

78

most significant in th© opinion of Sumner Welles was the Resolution on Roonomic Cooperation which established the Int©r-American Financial and Iconomic Advisory Committee# In describing th© function of the Committee he said that Its purpose was to "protect inter-American commercial and financial relations against the immediate difficulties arising out of the war and increase and strengthen them permanently along lines of mutual benefit*"

The Committee

had only advisory powers but it had the virtue of being a permanent organization with representation from each of the twenty-one republic© on Its membership*

It began work

at Washington on November 1$, 1939, with Under-Secretary 90 Welles as its chairman* It© tasks included! WA study of th© emergency and long-term problems of a financial and economic character as a result of the war, with a view to protect­ ing their respective economic and financial structures# safeguarding the stability of their currencies, promoting and expanding their indus­ tries, and developing their commerce *** 99 As the war continued* this program expanded Into new chan­ nels of collaboration* but the objectives of mutual aid through coordinated activity and long-term planning re­ mained th© same*

Consideration of som© special fields of

cooperation will illustrate th® development of the ideals expressed at Panama In 1939 and later at Havana in 1940 and at Rio d© Janeiro in 1942«

79

Itemit Th© first step necessary in fortifying th© Latin American economic structure against th© strains of the war was to provide sufficient credits by the United States so

that its hemispheric partners might stand the extra expense of war materials, compensate for loss of export receipts, and invest in long-range industrialization which would con** tribute to a more balanced economy* The United States Export-Import Bank was employed to study th© financial con* ditlon of each Latin American country and to work with the Coordinator of Inter-American Affairs and th© Department of th© Treasury in planning an extensive program of loans* Even before Hitler attacked Poland the United States had extended considerable financial aid to Brazil, Nicaragua, Paraguay, and other Latin American countries through the Export-Import Bank*3,00 It was an easy step after Lend-lease aid had been extended to Britain and the Soviet Union to share these funds with Latin America* Obviously, th© loans were "political” in character rather than investments for financial profit* Th© money spent has been a sound Investment in unifying th© hemisphere against Axis aggression* In addition, another objective served has been th© revitalizing of Latin American economy so that healthy trade-partners may be available for a profit­ able relationship with the United States after the war is , 101 over# '

ao It should be remembered that the millions of dollars lent to Latin Americans are largely spent for goods or services provided by the United States#

Further­

more, war materials purchased by hemispheric allies or even non-belligerents reduce the burden of military prepara­ tion which must be mad© by this country against the common enemy#

And still another advantage of this lending policy

has been derived from "ear-marking* loans for specific in­ dustrialization purposes benefiting the United States* On March 3, 1942, a credit of $100,000,000 was extended to Brazil under a Lend-lease agreement administered by th© Fxport-Import Bank*

This money was designated for

Intensive production of Brazilian strategic materials, in­ cluding rubber and iron ore*

The development of idle mines

capable of producing a high grade iron ore and th© planting of large areas in the tropic© for raising rubber trees would not only be a great industrial asset to Brazil but eventually serve vital needs of hemispheric defense*

Adventures in

finance of this sort require the cooperation of both private enterprise and government agencies in the countries concerned* The coordination of Departments of State, Treasury, War, and Commerce indicate that these defense measures are the handiioa work of modern economic diplomacy# Tital Materials Th© United States Priorities Board must not only consider strategic materials, they must allocate basic

$1

civilian commodities needed for subsistence of all hemi­ spheric countries whose normal supply lines have been cut by the war*

Such a vast pooling of reserves of goods is

one of th® most challenging tasks of hem!spheric defense* It is likewise a brilliant proof of th® willingness of these states to give real meaning to their resolutions of solidarity* "Share the goods"has become a cardinal principle of the Good Neighbor Policy*

It has involved a great re­

sponsibility for the War Production Board* In January, 1942, the United States Board of Eco­ nomic Warfare made clear its "share-ihe-wealth" policy in relation to the needs of the Latin American states with this resolutions *It is the policy of the Government of the United States to aid in maintaining the economic stability of th® other American republics by recognizing and providing for their essential civilian needs on th® basis of equal and pro-*0* portionate consideration with our own needs n J On January 15, 1942, the director of the Division of Purchases of th© Office of Production Management an­ nounced a list of twenty-six commodities specifically allocated to Latin American nations for the maintenance of their internal (civilian) economies*

'fhes© commit­

ments were designated for delivery during the first quarter of the year, and plans were being made for allocation of eighty-four additional commodities* Some of the materials listed were steel, 375,000 tons, chlorine, 500,000 pounds,

glycerine, 250,000 pounds| methyl alcohol, 55,000 gallons; rayon, 3,300,000 pounds; and miscellaneous farm equipment, #13,000,000 in value*

Under Secretary Welles, who at that

time was participating in the discussions at Bio de Janeiro, stressed the fact that the United States was living up to President Roosevelt1s pledge to share supplies with neigh­ boring nations* On February 28, 1941, the Latin American govern­ ments announced the establishment of a control system whereby scarce commodities Imported into their countries could b© distributed according to schedules of comparative needs*

Latin America must rely upon the United States for

the greater share of its manufactured goods, but this country in turn must draw copper from Mexico, copper and lead from Peru, manganese from Guba and Brazil, tungsten from Argentina, and tin from Bolivia*

These are only a

few of the strategic materials which Latin America must supply United States industries for a successful war effort* But food products like coffee, sugar, bananas, nuts, and cacao are also "vital** as articles for a normal diet in th© United States* Increased purchasing by the United States, ©special­ ly of strategic raw materials, gave Latin America a favora­ ble export balance for the year 1941 of #106,072,000*

This

is a desirable situation from the Latin American point of view and should also help the United States through building

83 up a greater purchasing power in those countries* two previous years the reverse was true*

In the

In 1939 Latin

America had a net import balance of #31,000,000, and in 1940 it was #63,000,000*105 Hew Products Along with the Inter-American Financial and Economic Advisory Committee a more specialised cooperative agency was established under the title Inter-American Devel­ opment Commission*

The function of this body is to promote

the establishment of enterprises with mixed United States and Latin American capital which will develop new lines of Latin American production for which a new or complementary market can be found in the United States or other American 106 republics* This movement Is of especial significance in the light of th© frequent expressions of dismay over th© fact that Europe constitutes a natural complementary market for Latin American goods while the United States does not. A special phase of the new products promotion scheme Is being handled by th© Agriculture Division of th© Office of Coordinator of Inter-American Affairs*

The im­

mediate objective is the development of hemisphere sources for agricultural products formerly purchased from parts of th© world now out off by the war*

In addition, an Institute

of Tropical Agriculture has been established to stimulate the development of complementary products in tropical and and semi-tropical areas of th© Americas*

*4 Shipping A problem of equal Importance to production of goods in economic collaboration has been the transports* tion of goods*

In Hovember and December, 1940, a special

Inter-American Maritime Conference was held to make plans for maintaining th© hemispheric trade route®.

Central

America, for example, has been able to make adjustments for loss of trade with Europe satisfactorily, but it has been absolutely essential that shipping facilities be provided for delivering cargoes of oil, gold, coffee, bananas, and cacao to other hemispheric ports, notably 107 the United States. Maritime transportation is particu­ larly important for Latin American trading because of the poor transportation systems within the countries.

The

seas are their highways, and a wartime shipping shortage works a great hardship on them.

Work on th© Pan-American

Highway has been pushed so that it may prove a better link in th© transportation system*

In Mexico and Brazil United

States funds have been advanced for improvement of rail­ way networks* An inter-American shipping committee is in charge of allocation of tonnage among th© countries in greatest need for such facilities.

Efforts have also been

made to utilize Axis ships lying idle in Hemispheric ports. It is expected that a shortage of shipping will continue throughout th© war and will remain one of th© acute problems .requiring the greatest collaboration and planning among

S5 American republics* Enemy Agents In addition to many phases of positive collabora­ tion in matters of finance, commodities, shipping, and communication, the American republics realized early in 1940 that it was necessary to take action against antiAmerican commercial interests within their midst*

By

September, 1940, the United States Office of Inter-American affairs had prepared a list of anti-American (pro-Axis) agents and firms which had business connections with United 3tates exporters or importers doing business in Latin America*

The government proceeded to get the cooper­

ation of these United States business houses in severing relations with any agent "blacklisted* as anti-American in his activities.

By July, 1941, it was found that of

the 5,000 export firms with connections in Latin America fully one fifth of th© agents representing them were guilty of anti-American operations*

In spite of the

inconvenience and expense involved in breaking contractual relations, United States companies gave the government full cooperation*

Coordinator Rockefeller expressed his

gratification as follows! "The Government has had excellent cooperation from the export Industry as a whole, including the trade association concerned with foreign trad© prob­ lems* Exporters in this country recognize the im­ portance of having their interests and the interests of the nation represented in the other American Republics at all times by firms and individuals

86

whose loyalty to the policy of hemispheric solidarity cannot be questioned*tt 108 One of the principal aims of the Hio de Janeiro Meeting was the inducement of Latin American states to sever commercial as well a® diplomatic relations with Axis states*

Brasil* Bolivia, Ecuador* Paraguay* Peru* and Uru­

guay took the decisive step of breaking off relations with th© Axis powers while their Ministers of Foreign Affairs were attending th© Meeting*

With the exception of Chile

and Argentina all of the other Latin American republics had previously taken their stand beside the United States by either declaring war or severing relations*

A con­

certed effort was led by th© United States to prevent enemy agents from poisoning inter-American relations while operating under a cloak of diplomatic immunity or support­ ing themselves on the profits of American trade* 6* Economic Mobilization for War and Peace Among the hundreds of paragraphs making up the Final Act of th© Third Meeting of Ministers at Rio de Janeiro is a section on Postwar Problems containing this sentence; «A new order of peace must be supported by economic principles which will insure equitable and lasting international trade with equal oppor­ tunities for all nations*” 109 Throughout the whole Act plans are repeatedly suggested for long-range activities leading to a friendly and prosperous relationship in economic matters of mutual interest* Thus,

&7 £ each proposal for coordinated production, for equitable

financial arrangements, for sharing scarce materials, for pooling shipping facilities, or for consideration of any of the problems of the emergency takes a forward look toward the days when profitable relations may be conducted in a more normal atmosphere* The United States has gone to great pains and expense to share with the Latin Americans its gold, its materials, its ships, its machines, and its munitions so that all members of the hemispheric family may be protected from economic need and military aggression throughout th© war* After making this colossal effort to build a unified economic system mutually bene­ ficial to all, it would be folly for the United States or any of the other twenty American states to let such a struc­ ture of cooperation decay. With prophetic vision the Ministers at Eio d© Janeiro outlined what might seem a fanciful, impractical program. They created a book of resolutions without a single provision for administration by force* Much of their wishful thinking will come to no immediate use* But the Image of visionaries like Blaine comes to mind* The First International Conference of American State© in 1889-1690 seemed rather fruitless at that time because it produced so little of what it set out to do. And the early efforts in reciprocity agreements in th© 1890’s were soon given up, apparently a failure. But decades later Blaine*s vision approached reality under Hoover and Franklin U* Roose­ velt*

SB

During this fifty-year span, the United States grew to a first*olass industrial power*

Succeeding adminis­

trations acted In accordance with national Interests as they saw them, but they also acted with an uncommon amount of respect for the welfare of nations of smaller industrial stature*

Probably few other great powers would have done

so much for weaker neighbors and asked so little In return*

$9 CHAPTER V m a im m m

in

m ix s a b x

aonDAiamr

Within forty-eight hours after th© Japanese attack on Pearl Harbor on December 7, 1941>eight Latin American republic© had voluntarily declared war on Japan*

These

were Costa Rica, Cuba, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, and Panama* on December 11th by Nicaragua*

They were followed

In the some week Mexico

and Colombia indicated their attitude by severing diplomatic relations with the Axis powers*

This list Includes th©

three island republics in the Caribbean, the one state sharing a common boundary with the United States, all the Central American states, and the northern-most country In South America*

Certainly geographic position played a

large part In determining the attitude of these nations, Continental solidarity derives a great deal of its strength from factors growing out of th© proximity and place relation­ ship of these nations to oaoh other*

Since that first electrifying week when th© United states and nine other American republics entered the war against the Axis and two broke off relations with the Axis powers, seven other Pan-American nations have 110

severed diplomatic ties in a spirit of hemispheric unity* In making these demonstrations of community of interest, some states vied with others in declarations of sympathy with the United States* Mexico, for example, took pride in being the leader of th© movement to give meaning to

90 counties© resolutions of solidarity.

General Laaaro

Cardonas, whose nationalisation of forelgn-owned oil properties had caused friction with the United State© when he was President, became Mexico’a chief coordinator in development of joint defense measures with this country.*^1 When the Third Meeting of Ministers of Foreign Affair© convened in Rio de Janeiro during the latter half of January, unanimous approval was given to reso­ lution© which Included the followingt "A state of war exists between th© United States of America and th© Axis powers; "The other American Republics, in conformity with inter-American agreements, have declared them­ selves to be in solidarity with the United states of America; and "This consequently implies that all the countries of the hemisphere should closely unit® for th© defense of th© continent, which is the de­ fense of each and all the American Republics*" 112 Ho military alliance was sealed at Rio de Janeiro.

In

fact, the many paragraphs of the Final Act adopted by the Ministers dealt extensively with a great many topics related to hemispheric defense without binding any state definitely to take any military action*

Inter-American

solidarity signifies a "moral union" not a military union, and any military activity resulting from this mutual relationship must find their stimulus in voluntary motiva­ tions* By the time the Rio de Janeiro Meeting ended on January 28, all but two of the twenty-on© American re­

publics hat severed diplomatic relations with the Axle pwers*, m m

these two, Argentina and Chilet affixed their

signature© to the statement of recommendations and resolu­ tions drawn up by the Ministers*

without a doubt, the

failure of both of thee© countries to break off relatione with Axis countries ha® weakened, the cause of hsntlsphwle unity*

At least it must be said, in view of thee© @x~

©option®, that no pressure has been brought to bear to attain unanimity of action*

Argentina, for example, has

repeatedly declared its national policy m

one of absolute

"neutrality" forbidding any action® which might disturb its friendly relations with any foreign powers* made similar expressions*

Chile has

It 1® hardly necessary to add

that these countries have acted in accordance with their national Interests a® they have seen them*

In their minds

pertinent consideration© have beans their unpreparedness for war; th© vulnerability of their long, exposed coast­ lines; their great distance from th© protective power of th© United states; and their lack of confidence in th© military might of the United State® or any combination of Pan-American power®*

The greatest contribution to hemi­

spheric solidarity which the United States could make at this Juncture would be soma convincing military successes which would cancel defeats and inspire new confidence among American neighbor®*

Such victories would nullify

a groat volume of Insidious Massi propaganda*

92 latin American nations have not teen aroused to take sides with the United States simply through their sisterly sympathies.

The danger of the common enemy has

been made very real through the Axis policy of frightful­ ness*

Nazi submarine warfare within hemispheric waters

has deliberately aimed to scare these comparatively de­ fenseless countries into passivity*

During February and

March of 1942,Brazil# Chile, Uruguay, and Venezuela lost ships as a result of th© Hazi torpedo terror In spite of the fact that none of them was belligerent*

Brazil took

the greatest loss with the sinking of 22, 231 tons in less than a single month*

The Hetheriands oil refineries

on the island of Aruba, which lies just off the north coast of South America, suffered shellings from subma­ rines which flaunted German military might within a few hundred miles of the strategic Panama Canal#

113

^

Such ruthless warfare invoked on this continent a common hatred of an anti-American foe*

Th© realisation

of th© danger which threatened th© Americas encouraged th® countries to begin coordinated activity in assembling their own "power of armed might* as the only effective 114 answer to Hitler* & military power# As a result of the plans laid at Rio d® Janeiro, th© Inter-American Defense Board mat at Washington on March 30 to initiate cooperative measures for protection of th® continent * Military, naval, and air representatives of all twenty-on© republics joined forces in attacking th©

93

complex problems of complete unification of war effort. General Georg® 0, Marshall, Chief of staff, encouraged the delegates with the promise that the United States military forces were gathering their strength for a great offensive action*

Secretary of the Navy Frank

Knox expressed this warning; "We must prepare for a long war# Our nations must prepare to fight for their own freedom,• . . This requires collaboration in the real sense of the word. It commands loyal cooperation and sacrifice* W© must be prepared to give reciprocal aid," 115 In this spirit the Board began its colossal task*

Un­

doubtedly the story of most of its activities will be a military secret#

It is significant that the membership

of the Board includes all twenty-on© states, belligerent, non-belligerent, and neutral. In line with this general program of hemispheric defense, the United states and Mexico had already set up a system of coordinated patrol® under supervision of a joint staff in the Pacific coast area.

General Lazaro Cardenas,

who was in charge of Mexico* s west coast defenses, claimed in January that through the cooperation of the air forces of th© two countries , protection had been provided for all vulnerable spots In that region*

Plans for joint

protection of Mexico’s Gulf Coast were also being worked out by military staffs*

As a development from such be­

ginnings the first meeting of the Joint Defense Commis­ sion of Mexico and th® United States was held in

94 February * This meeting marked a consumation of a kind of collaboration unique in the history of these two countries.

It affords tangible evidence of the progress

of coordinated international war preparations natwith** standing reoent ill-feeling arising from the oil lands controversy.

Obviously, this sort of rapprochement has

been inspired by a realization of the essential inter116 dependence of these neighbors in the present crisis. On September 3, 1940, just about a year after the outbreak of war in lupope, President Eooaevelt announced to Congress that he had arranged with Great Britain for the lease of eight Atlantic naval bases stretching from New­ foundland to British Guiana.

The Bahamas, Jamaica, St.

Luola, Antigua, and Trinidad are strategically located islands which guard the approaches through the Carib­ bean to the Panama Canal.

British Guiana lies on the northeast coast of South America. 117 This was the first recent gesture of the United States toward establishing new military bases for hemispheric defense* In the ensuing year preparations were rushed for making the bases an integrated part of the whole naval-air Atlantic defense system.

Promises were mad© to the Latin

Americans that they might ©hare the bases, if they wished, through some plan which could be worked out. Millions of dollars have been expended by the United States to make the necessary installations at these base© and armed force

95 are now stationed

at each of them# In addition a detach­

ment of United States soldiers has been sent to Surinam (Dutch Giana) by permission of the Motherlands government* The Panama Canal ranks with Gibraltar and Suez in terms of strategic Importance*

Since the United States

entered upon a two-ocean war with a one-ocean navy, the Canal Is vital to

the ready transfer ofUnited States ships

from on© ocean to

the other*

United States Chief of Staff

lilarshall has warned that the Panama Canal would b© one of the primary objectives of an Axis attack on the Western Hemisphere, for if the look© were blown up Allied ships would be required to take the 14,000 mile route around Cape Horn*

Officials at Panama have taken great precautions

to prevent sabotage of this strategic link in the .American system*

It has been particularly gratifying to hemispheric

military staffs that the Central American and Caribbean countries were among the first to show their loyalty by de­ claring war against the Axis powers*

An indifferent power

in this danger zone might make the task of ferreting out potential saboteurs and fifth columnists very difficult* Two evidences of collaboration in this zone will show the beginning© of a unified military strategy.

The

island republics of Haiti, Cuba, and Santo Domingo have assumed the duty of patrolling their coasts and neighboring waters to safeguard the approaches to the Canal and in the interest of their own defense*

Furthermore, the United

96

States lias made speolal military Installations on Puerto Rico* On the mainland, in Central America, the coopera­ tion of each country has been essential to progress lri con­ structing the Pan-American Highway* This route is important not only as a commercial artery but as a military highway for expediting the defense of these countries and the Canal* A loan of $20,000,000 was made available through Loase-lend aid in January so that the road might be rushed to comple­ tion,

All the Central American countries will share in this 116 money according to their respective needs for the project* In addition to this sum, Mexico has received practically a blank check on the Bxport-Import bank for the completion of its part of the highway*

When finished, the Pan-American

Highway will represent a valuable commercial and military asset for all th© American republics, a symbol of the common objectives which tie them together* The bulge of Brazil on which Recife is located is a vital defense area because of its proximity to Vichy-con­ trolled Dakar in French West Africa*

There has been a con­

stant fear in the minds of Allied strategists that Axis forces might use Dakar as a ”jumping off place” for an at­ tack on South America*

Since the United States has no mili­

tary bases in the vicinity of this vulnerable point in hemispheric defense, it is particularly fortunate that Brazil has become keenly aware of its obligation to fortify

97 Recife*

Though details of military preparations are not

known# it was acknowledged by Brazil in December, 1941# that the area around Recife was being converted into a bastion of hemispheric defense#

110

In February# Brazil

took another important step for the protection of this area by converting the island of Fernando de Noronha into a Brazilian Corregidor*

This island is located 260 miles

from the coast of Brazil in the direction of Bator and is admirably suited as a key defense post#

It has been stated

unofficially that United States warships are cooperating in this region through constantly patrolling the waters 120

opposite Brazilian shores#

On March 2, President Getuiio

Vargas signed a decree for the establishment of an air base at Natal which is in the same neighborhood*

This will be

the first air base in Brazil# and it is the result of plans 121 initiated in the discussions at Rio de Janeiro in January* Since Brazilian heavy industry is inadequate to meet the demands of these new fortification enterprises much of the burden of supplying munitions has been borne&by the United States#

In recognition of the full cooperation of the Bra**

zllian government# credit for purchase of arms through a I»ease~lend agreement has been granted* At the extreme southern end of the continent is the Strait of Magellan# a passageway comonly used by ships of all nations when required to go ttthe long way around* • Under an Argentine-Chilean treaty in 1881 provision was made

for perpetual demilitarization of the Strait*

In view of

Ita strategic importance in the present crisis the two coun­ tries have been negotiating ah agreement whereby it might b® possible for Chile which owns both shores to erect d@122 fens® works there* It has been expected that In the event Argentina and Chile come to an understanding the United State® would play an important role In providing armaments for this project since it, too, is a vital point in hemispheric strategy even though thousands of miles from the United States# As the ^arsenal of democracy* the United States has made Its greatest contribution to wartime solidarity through supplying the tools for fighting to its hemi­ spheric partners* No other state has a heavy Industry plant equal to the job*

This country has pursued a policy

of sharing equally with the other republics the products of its factories both for civilian and military needs* has gone further than this*

It

It has lent these countries

the funds with which to buy the materials*

Recent ex­

tensions of credit would include loans to practically every one of the American nations. There has been one noteworthy exception. Argentina has been endeavoring to strengthen her defense® along the Atlantic coast, but the War and Navy Departments at Buenos Aires have pointed out that these measures would be impossible without the purchase of war materials from the United States*

The Argentine economy is

99

deficient In Doth coal and iron* The Argentine purchasing commission came to the United States to arrange for materials and left empty** handed*

Civilian economic needs would be supplied to this

country on the same basis as the other American states, but military supplies could go only to those which were cooperat­ ing with the hemispheric program*

Argentina had failed to

sever diplomatic and commercial relations with the Axis powers* Although no public statement was made to the effect, It is well understood by all parties that the United States believes Good-n©ighborliness i® a two-way affair*

Hemispher­

ic military solidarity requires complete reciprocity; with­ out it, the slogan becomes empty of meaning*

In the fall of 1941 a new phase of inter-American collaboration was begun under the sponsorship of the United

States which is of particular importance in consideration of the recent entry into the war of ten American republics* An extensive program of training young Latin Americans in aeronautics and airplane mechanics in the United States was initiated by the Qlvil Aeronautics Administration of the Department of Commerce*

The plan called for Initial train­

ing of 275 pilots, 18 aeronautical administrative engineers, 87 Instructor mechanics, and 120 airplane service mechanics* Cooperating with the Civil Aeronautics Administration was the Array Air Corps which was In charge of the pilot training* Though the project originally specified the selection of

100

trainees for civilian air service in their respective conn* tries| it Is assumed that when they have finished their courses these young men will he likely candidates for military duties*

The United States government is defraying

all of the expenses of the training, including transports-* tion and subsistence for the trainees*

Brigadier-Oenoral

Donald H* Connolly, Civil Aeronautics Administrator, said, *Whes© young men will help strengthen the ties of friend123 ship already binding the Americas.* Ho prediction can be made as to the future of military collaboration among the American republics* At present, joint activities are limited mainly to an inter­ change of economic needs and supplying of financial aid b# the United states in return for cooperation in the hemispheric military strategy* What is going on in the meetings of the Inter-American Defense Board is still a matter of conjecture*

Perhaps some great scheme of col­

laborative strategy will be developed which will protect the hemisphere from the ravages of war on this continent and promote an early victory abroad*

101

CHAPTER VI CULTURAL IHTERCHAHGR AND UTOER8TAOTBIG In hi® first Inaugural address on March A, 1933* President franklin D* Roosevelt emphasized the importance of right attitudes of mind in laying the foundations for inter*American solidarity: ”Th© essential qualities of a true Pan American** ism must be the same as those which constitute a good neighbor, namely, mutual understanding, and through such understanding, a sympathetic appreciation of the other* a point of view* It is only In this manner that we can hope to build up a system of which confi­ dence, friendship and good-will are the cornerstones.” Since the way to promote harmonious relations with other nations begins through appreciating their points of view, it is vital in the development of inter-American solidarity that the peoples of the Hew World republics come to know the history and meaning of the divers© cultures of the Americas.

Realizing this, the United dtates government has

%

don© a great deal to help the citizens of Pan-America to collaborate in many fields of cultural activity.

The ob­

jective has not been to make of the Americas one socially homogeneous unit, that is, to make over these various cul­ tures accordingly to a single pattern or ideology.

That

would be both impossible and undesirable. It would b© a strikingly unAmerloan program.

The one essential principle

on which all these American peoples should be in agreement la the willingaesa of each nation to let the others develop

102

their distinctive cultures as they see fit*

Proceeding

from this provision, it has been found that in many fields of human activity these nations have had many ideas and institutions in common*

This was a result of a long history

of common origins and cultural interchange beginning even beyond the colonization period* 1. Historical Background Citizen® of th© United states too often forget, when they call themselves Americans* that they are thereby claiming kinship to two continents— -not merely the United States but the whole Hew World Including its great mixture 121 of races and cultures* ^ Anglo-Saxon Americans often fail to give due credit to the Spanish and Portuguese for their great contribution in opening up th© Western Hemi­ sphere to modern civilization and in faithfully carrying out th© first great task of colonization.

Mute evidence

as to th© great success of Hispanic colonization is the fact that to this very day a much larger portion of th© Americas is dominated by Latin than by Anglo-Saxon civill125 nation* So assiduous were th© Spaniards in transfering their culture to the Hew World that it may b© conservatively estimated that they were a full century ahead of either French or Bnglish colonization in th© early period*

As the

events of fortune caused Spanish withdrawals south of th© Rio Grande, the imprint of their culture was not erased *

103

Political hegemony may pass from on© state to another v/lth the arrival of an array, th© fighting of a battle, or the signing of a treaty, but cultural patterns are long in growing and slow to fade*

Even today old Spanish customs

linger in hundreds of places bearing Spanish names from Florida to California* In the early history of th© Spanish colonies there were some factors which acted as definite drawbacks to a regional Interchange of culture between North and South America.

First, there was the social system of the

Latin American settlements which embodied an extremely rigid class stratification*

Thar© was no great- raiddle

class of trades-peopl© or commercial travelers.

Th©

ruling-class of European-born Spaniards (encomenderos) dominated th© American-born Spaniards (creoles) and th© various shades of Indians and Negroes* 12& The Spanish rulers encouraged the growth cf a medieval feudalism within th© colonies and also in their relationship to the 12?

home kingdom, a position of vassalage.

The crown

carried out a very narrow monopolistic and isolationist policy which excluded all possibilities of commercial or cultural Intercourse between the colonies and non-Spanish countries.

This policy was oven carried so far as to forbid

the colonies to trad© among themselves.

In addition to th©

motive of commercial exploitation, the Catholic monarchs

xou

and clergy feared that contact of their faithful subje&ts with protestant or foreign ideas might exercise a polluting influence.

Such narrow and shortsighted policies eventually

contributed to th© complete loss of the colonies* 2* Ideals A new series of contacts between th© South and the Worth was begun in 1780 when General Juan Oagigal and his assistant Francisco Miranda disembarked on the Florida coast and joined the American revolutionary forces against the English.

In 1806, Miranda, the prime instigator of

Venezuelan independence, cam© again to the United states as / did also Simon Bolivar in that year* These men, with others, drew their Inspiration for wars of liberation from the success of the American revolution*

128

It is said that th©

most prized possession of Bolivar was a lock of George Washington’s hair given to him by Washington’s family, and that on state occasions the great South American revolution­ ist wore a miniature of Washington on his breast in preference to all other decorations*

On© writer called

this a symbol of the continental unity of th© English129 speaking North and the Spanish-speaking South* The fifty years from 1778 to 1826 may indeed be called an Bra of Revolution In the Western Hemisphere. It was the period In which the New World struck off shackles which bound it to th© Old.

It was then that the greatest

of common traditions of the Americas was established—

105

th# belief in political independence**-^self-government#^^0 From California to Cap# Horn patriots Ilk© Hidalgo, Morelos, and Pedro X championed the cans© of freedom for the Spanish and Portuguese colonies*

Citizens who now

lire in California should remember that freedom for th© 131 Pacific coast came in 1822, not 1776* Merchants of lima, Havana, and Buenos Aires had formerly smarted tinder royal restrictions on trad© while th© tradesmen of Cadiz and Seville grew rich, hut, once th© yoke of th© Old World was thrown off, they sought a constitution with protection of property rights and freedom of enterprise*

It was natural that they should

turn to th© United states as a model for their new republic 132 can governments* Though it would probably b© an over­ statement to claim that all twenty-on© states of the Western Hemisphere have become true republics, at least in comparison with many forms of government now prevalent throughout the world th© American governments have evi­ denced a fundamental interest in the public good.

J. Fred

Hippy Said, "We (Americans] share the common conviction that th© purpose of all government is the welfare of the people governed." ^ 3

jn expressing his opinion about

the common background of ideals, H*P* Vila of th© University of Havana wrote In a recent essay, "All revolted because of a determination to tolerate political oppression, eco134 nomic exploitation, and social discrimination no longer." For more than three hundred years th© Americas have

106

traditionally been known as the haven for refugees from oppression and the home of free peoples* Th® story of encouragement of th© Latin American independence movement has already been told under "Political Manifestations of Solidarity" (Chapter 11)#

The United

States gave official support to th© movement for freedom in Latin America through diplomatic recognition and prac­ tical protection from outside aggression*

But a contri­

bution of even greater significance was the impression which was mad© by United States liberalism upon the political and sooial philosophy of th© new-born Latin American states*

One description of the early admiration

of the Hispanic Americans for the Americans of the Horth is as follows; "Eagerly they idealized us as a land which had already achieved freedom and republican Institutions# a pattern which could be copied and utilizedi a neighbor upon whom they could depend for advice and aid in a world where colonial independence and republicanism were both monstrous heresies*" 135 3* Literature In spite of the ready acceptance of political ideals from the United States in the period of 1610-1630 by Latin America, there was surprisingly little real cul­ tural interchange until after the middle of th© nineteenth century*

In fact, a period of mutual indifference between

the United States and Latin America set in following the Independence era* This reciprocal disregard was partly traceable

107

to the fact that both the North and the South were living through a stage of cultural adolescence*

Neither had

much to offer, for the United States was engrossed in territorial and Industrial expansion, and the Spanish peoples were embroiled in political turmoil and read­ justments*

There was no time for creative development of

the arts and sciences and literature*

Anglo-Saxon as

well as Latin Americans looked back to Europe for their patterns of culture. When the time was ripe for a closer relationship between the slowly developing cultures of Latin America and this country the Spanish dependency of Ouba played a peculiarly important role*

Cubans came to take the part

of interpreters and propagandists between these two worlds within- the New World*

There were two reasons*

First was

the fact of Cubafs proximity to the United States and its *strategic" location in the Oarihbean--a convenient focal point for travelers and ti*adesmen from north and south* Second, the long siege of persecutions at the hands of the Spanish drove many writers and liberals to the main­ land of th© United States, the traditional refuge of th© oppressed.

These emissaries of culture did a great deal

to disseminate knowledge in th© United States about 136 Spanish America* Among the first of these Cuban visitors were Jos© Maria de Heredia, poet; Father Felix Vaula, liberal; and Jos© Antonio Bllraiia, another poet*

Th© first named,

108

Heredia» was only twenty-one years of age when he came here| hat his poems such as the "Ode to Niagara" were so popular that they laid th© foundations for future interest in the reading of Spanish literature in this country*

Another early poet, Gabriel d© la Concepcion

Valdes, who wrote under the pen name "Placi&o", attracted wide attention through his Spanish verses which were translated Into English and widely circulated*

William

Cullen Bryant gave him encouragement and arranged for publication of English translations in a magazine of which he was co-editor*

In addition, Bryant was an active

foro© in the new interchange of culture, traveling widely in Spanish-speaking countries, learning their language, and writing extensively about their literature 137 and intellectual life* The Cuban poet, Rafael Maria de Men&ive became well known in the United States and interpreted our literature to th© Spanish.

He developed an ac­

quaintance with Longfellow, and the two literary lights enjoyed a fruitful correspondence vd.th each other* Of special importance was Domingo Samiento, th© Argentinian statesman, who traveled widely in Europe and the Unitea States at the behest of his government, investigating education systems.

It was

his good fortune to meet Horace Mann in Boston, and he became a devoted admirer of that eminent educator.

In

1865 Sarialento was elected President of Argentina and

109

proceeded to Import no end of American scientists and educ&tdrs, even more than th© young republic could afford* In 1868 Mrs* Horace Mann translated Sarmientofs Facundo under the English title Life in the Argentine Kepublto In the Hays of the Tyrants* It was the first important translation into English of a South American book*

However,

under his administration as President, Sarmiento promoted an extensive exchange of American and Argentinian books and made important connections with Tlcknor, Emerson, and Longfellow,13® In 1861, Juan Zenea published a comprehensive study of United States literature, thus strengthening cultural bona® by informing Hispanic Americans of the scope 119 of United States literature* Carlos Manuel ^relies, another Cuban, published the first historical study of the scientific development of th© United States to appear in Spanish*

9?his resume, published in 1894, revealed to th©

men of science In Latin America the surprising progress which the United States had made in that sphere* Jose Marti has received this tribute from Manuel Gonzalez of the faculty of the University of California: wThe one outstanding figure, th© one, who, of all Spanish Americans has don© most to reveal the civic virtues and th© culture of the United States to the other Americans, was Jos© Marti, the finest mind Cuba has ever produced*" 140 Marti lived in this country for fifteen years (1880^1895) and wrote prolifteally for newspapers and magazines in th©

no

Ufcited States and several Latin American countries*

He

covered the whole field of economic, cultural* and politi­ cal life in th© United States as interpreter for th© peo­ ples of Hispanic America*

Perhaps it is fitting to say

that Marti did in Spanish what de Tocqueville did in french, for Gonzales wrotet *His portrayal of the United States is still by far th© most illuminating, the most complete and realistic to be found in the Spanish language* Hobody before or after, her© or in Latin America, lias so generously contributed to a better under­ standing of the two races and their respective cultures*” 141 It is important to note that the flowering of the cultural interchange did not develop until the decades after I860*

Before that time conditions were not auspicious#

In this country it was not until after the middle of the century that a genuine American school of literature be­ gan to take form*

Then, ISmerson, Thoreau, Hawthorne,

Bryant, Longfellow, Poe, Whittier, Whitman, and Melville ioad© worthwhile contributions to the trend toward literary maturity in the United States*

Strangely enough, Poe was

one of the b@st-lik©4 writers in Latin America*

Probably

this m s because his unusually artistic sense struck a 142 responsive note in the Latin temperament* After the 1890fs, with the rapid imiltipllcation of political and economic ties between the Americas, there was a corresponding increase in publications and transla­ tions in English, Spanish, and Portuguese*

As an indication

Ill of the growth of literature It Is interesting to find that in a bibliography published by Professor Sturgis £» Leavitt in 1935 there were 1,5&U titles of English books on subjects of Latin American culture# 46 of these had been published since 1908*'^

All but This is

an excellent indication of public interest in th© subject. Among writers to whom special credit is due are Isaac Goldberg, Waldo Prank, Anita Brenner, Carleton Beals, Ernesto Montenegro, Alio© atone Blackwell, Thomas Walsh, and Edna Worthley Underwood,

All of these have helped

to acquaint the general public with Spanish American cul­ ture# With the expansion of the activities of the Pan American Union in 1910 cam© an internationally sponsored movement to acquaint th© people of th© twenty-one republics with ©aohoth©r*s literature#

The Division of Intellectual

Cooperation has recently sponsored inter-American conferen­ ces on cultural relations and has assisted in the dissemina­ tion of information and publication of books in this field# The Columbus Memorial Library, a division of the Fan Ameri­ can Union, contains over 100,000 books in English, Spanish, Fortugues and other languages concerning the history and Civilization of the Americas*

This library directs the

work of a large staff of specialists who give free service to writers, scholars, teachers, and th© general public#

m

Special bibliographies are published by the Columbus Memorial Library, including a monthly pamphlet ^Pan-American 144 Book Shelfw which is issued in the three American languages* the United States Department of State has for years promoted a reciprocal study of the literature of this country and the Latin American states.

In 1936, the

Division of Cultural Relations was created, and it has carried on expanded activities in the field which its title indicates#

In th© field of literature it cooperates

with th© Library of Congress which has a special section under the name Hispanic foundation* Since 1940, Kelson A* Rockefeller has acted as Coordinator of Inter-American Affairs for President Roose­ velt#

through his office, th© interchange of books and

printed matter between the United States and other American countries has been greatly increased#

The inter-American

book postal rate has been reduced to facilitate shipment of books; royalty difficulties have been ironed out; good translators have been found; inexpensive editions of worth­ while books are being published; and th© publication of bibliographies has been fostered* Among the hundreds of private organizations which have sponsored Interest in Latin American Literature, one which deserves special mention is the Division of Intercourse and Education of the Carnegie Endowment for International

113

Peace*

A large grant of funds from the late Andrew Carnegie

lias inade possible the publication of a great many scholarly books on subjects ranging over the whole field of interna* tional relations*

A generous number of these have developed

inter-American themes* It Is hardly necessary to add that the development of a great deal of interest by American countries in eachother In recent years has flooded th© markets with literary productions of every variety*

Through such publications

the peoples of the New World are learning to know and to understand eaohother better* 4* Education Georg© P* 2*ook recently wrote that, "Truth is truth no matter where discovered*"

Emphasising th© willing­

ness of educators to profit by th® experiments and discover­ ies of other lands Zook added, "To a modern educator the whole world is his t e a c h e r * T h e Inter-American confer­ ences have sponsored an exchange of information in scientific, literary, and educational fields since th© Second Internation­ al Conference of American States of 1902*

This movement has

expanded more rapidly since the Buenos Aires Conference in 1936 when a Convention for the Promotion of Cultural Hala­ tions was adopted, although the National Committees on In­ tellectual Cooperation had been functioning in most American states since th© Havana Conference of 1928*^^

The united

States has had a very active Committee which has cooperated

114

with th© Division of Intellectual Cooperation of th© Fan American Union in Washington, which acts as a permanent secretariat ana promotion agency in all non^pollti cal field© of inter~American relations.

Educational institu**

tions and organizations have collaborated extensively in this activity with profitable results in terms of improved international relations.

In May, 1940, when Europe was

being overrun by armies, the Americas were celebrating th© fiftieth anniversary of the Pan American Union at the Kinth American Scientific Congress in Washington.

Hot only

were common interests in the physical sciences discussed, but History and Geography, International law, Economics and Sociology, and Education occupied the interest of the delegates.

In addition, Washington was host to a special

Conference of Inter*Amerlcan Relations in the Field of Education in 1940. fhe following projects have been promoted by the Rockefeller Office for coordination of inter-American affairs within the last two years. The Education Committee of th© Office has been carrying on a comprehensive educational program to stimulate the teaching in schools In th© United States of subjects dealing with the other American Republics.

In collabora­

tion with th© United States Office of Education the Committee has prepared teaching aids such as books, bibliographies, pamphlets, motion pictures, and radio programs for schools

115

throughout the country*

The Committee has urged schools

and colleges to Include courses on Latin American subjects and cooperated with them in supplying information perti* nent to such courses*

A broad program of student inter**

changes* designed to achieve a maximum exchange of knowledge and understanding among the people of the Ameri­ can republics* has been inaugurated*

During the early

months of 1942 a nation-wide Extempore-Disoussion Contest was sponsored for students of colleges and universities on phases of inter-American affairs*

Special outlines

and reference lists have been published by the Office and distributed fee to clubs and civic organisations to stimu­ late discussions of Latin American relations* Tor th© benefit of the general public the Office of th© Coordinator has undertaken an extensive program for use of motion pictures as a medium for the promotion of closer relations and better understanding among the Ameri­ can republics*

Special feature films* short subjects* and

newsreels have been under production for both United States and Latin American enjoyment*

It was announced in December,

1941# that the first ©soup of documentary films with soundtracking in Spanish or Portuguese had been shipped southward* These included several films of special Interest to Latin American high school students* 140 rooms*

They were to be used in class-

In September, 1941# the Coordinator of Inter-Ameri­ can Affairs began sending out short-wave radio program

schedules to the other American Republic®*

They were

printed in Spanish and Portuguese to suit the programs 1JLQ broadcasted from this country in those languages* Word was soon sent back from below the Rio Grande that there was a great dearth of radio sets and that they were not hearing the broadcasts*

By February, government plans were

being formulated for the production of 1,000,000 low-cost radio sets to be forwarded to Latin American countries so

150

that the broadcasts might be received* ^

As an aid to education through travel the Office of the Coordinator has been preparing a two-volume tourist guide which will deal with all twenty Latin American coun­ tries*

Th© purpose of the book is to give full information

on travel opportunities, regional attractions, transporta­ tion facilities and local accomodations, and also special notes on culture, history, art, architecture, and archeology *in order to foster among travelers an appreciation of the cultural achievements of th© nations of Central and South

151

America and the Caribbean areas*”

Th© aid of th© Latin

American consulates in the United States has been enlisted in preparing this guidbook.

It is a cooperative enterprise*

Conferences, meetings, organ!ssatioaal activities, and suitable projects in fields of art, music, science, and even sports have also been sponsored by the United States Division of Cultural Relations and th© Coordinator of InterAmerican Affairs in collaboration with th© Fan American Union*

117

5* Sanitation Disease recognizes no boundary lines and the development of medical science has been an international task*

One of th© fields In which inter-American coopera­

tion first proved a striking success was sanitation and public health*

The Pan American Sanitary Bureau is the

oldest of the permanent inter-American offices with the single exception of the Pan American Union*

It was estab­

lished by the Second International Conference of American States in 1902* numerous special Sanitary Conferences have outlined policies for expanding the collaborative activities of national health authorities*

Du© to the ad­

vanced status of medical research in this country, the United States has occupied a particularly important posi­ tion of leadership*

Many Latin American countries in

tropical zones had distressing problems to solve*

Common

problems of this type automatically bind nations more closely together through working shoulder to shoulder in finding the answers* As a result of th© recommendations of the InterAmerican Conference at Hlo de Janeiro in January, 1942, a special health program was undertaken for th© purpose of implementing hemispheric defense#

Projects under way at

th© time of this writing included* control of disease in areas producing critical resources such as rubber; th©

11$

regulation of water supplies; development of waste disposal systems; establishment of hospitals in defense areas, and the training of health and sanitation specialists In par* tioularly needy Latin American countries#

Ur* George 0*

Dunham, a United States specialist in tropical medicine, was appointed director of the new division of health and sanitation in the Office of Inter-A&erlcan Affairs*

In

commenting on this work, Kelson A* Rockefeller, Goordinator of Inter-American Affairs, said: "The American republics have shown, at Bio and before, the desire to work together for com­ mon interests* Certainly cooperation for im­ provement of public health holds promise of great regards in human terms, both for urgent was needs and the ultimate goal of happier liv­ ing for enjoyment of peace** 152 This Is a typical example of united cultural development* Institutional machinery cooperating In this program in­ cluded, in addition to the offices mentioned above, the Ran American Sanitary Bureau, twenty national commissions in the other American states, the Inter-American Develop­ ment Commission, and various private foundations#

This

project shows further how Interrelated all phases of hemi­ spheric life have become in modem times, especially in a war crisis# 6# Morale It has been the conviction of United States officials that unified action in political, economic, and

1X9

military endeavors should be paralleled with a concerted effort to create cultural understanding and lasting friendship among the peoples of the Americas*

Programs of cul­

tural interchange have been designed to reach down into the daily lives of the citizens of ©very American republic and to teach the lessons of the fruitfulness of hemispheric cooperation*

Long-range objectives of continental solidari­

ty have been considered by the governments of the United States and other countries in making plans and carrying out activities*

But there have been immediate ends to serve, too*

Coordinator Rockefeller has spoken candidly about results which must be obtained from his good-will campaign*

He has

spoken in terras of "national defense assets" and "of what is at stake if we fail to develop closer cultural and spirltual ties*" "

The developing of cultural understanding is

expected to build not only long-run inter-American friend­ ship but also a unified inter-American morale in order to successfully weather the present international crisis* The United States government has taken the leader­ ship in meeting "fir© with fire"* Axis propaganda could only be counteracted with better "propaganda" founded upon the demonstrable truths of hemispheric history and ideals* But this program, to be effective, required the cooperation of many governments, not just one*

Rockefeller explained

that "the Office is proceeding only on the principle that there should be no promotion of cultural unity under the domination of any one of the republicsInter-American

1.20

solidarity In cultural relations must not Imply a meltingpot process in which national cultures lose their original Identity#

The rich, distinctive traditions of each Ameri­

can nation should he respected and appreciated#

And, for

the protection of American traditions of freedom and Inde­ pendence, all Americans should whole-heartedly ^oin in a solid front against the common enemy#

It has been the

feeling of statesmen of this nation that, whether or not hemispheric partners participated in the war as belligerents, they should all unite in protecting the hemisphere from internal infections of fifth oolumnism and Its accompanying evils#

Rockefeller*s recent statement poses the task

thus; "There is the problem of morale— of bringing to every man and woman among the 260,000,000 of us in these 21 great populations, the sense of possessing a heritage, of having a stake In a future worth defending#" 155 The first step toward the realization of solidarity is the acknowledgment by the peoples and by the governments of the several nations that they have common purposes which may best be achieved through cooperative action*

The war

has created a situation demanding unified, stalwart moral© among the American states#

In building American moral©

to withstand the shocks of these chaotic times, statesmen are laying the cornerstone for a grander structure of hemi­ spheric solidarity in the days of peace to come*

121

m

m

m

1. JT, Pred nippy, "Pan Americanism ana the World Order", Inter-Amorloan Solidarity, p. 317*

2* Sam el jg *g « ^ y

^

Ito K m ltlO Hlatory o f the

3 . Samuel Plage Beale. A M plom atlo H letory p f the SAaMs# p# 196*

enoe of the

4# William Ray Maiming, gin

naeoanaenoe

5* Arthur Proston Whitaker

1885:

PP* 6.

Arthur Preston Whitaker,

fb»

m of k M

ORlted -States ft^ t h e

S m e a ^ ieoQpl83ue n* 66* Debates in

?* Marion Mills Miller, editor, 0j

i l t o

vol. ii, p# a'sir

8* lames D* Richardson, editor, A Of „

and Papers of the 9.

itlon of the Measles s i t w r ii, ro: n s g a r

Arthur Preston Whitaker, the. W p i l M Stat^ md. the Xpde.» oendence of Latin America, 1 8 0 0 - 1 8 3 0 * s>» 3 8 6 *

ID, Arthur Preston Whitaker, .. .. oendence of Latin America*,

© Xnde[6,p*3i6*

11* Jamas D. Richardson, editor. A Compilation of .theJtesaagea

and Papers of the PresldOhts* ¥oi* II* *>n» 2X7-219* 12* jr. Reuhen Clark, ^ m r a adua aa...the Monroe pootgln*.

Senate Booum©nt Ho* llA# 71 Congress, 2d Session, pp* 153-163#

13# William Manger, Relations of the Putted States with latinAmerieaaP#7» 14# Charles Wertenbakor, Affiew Pootrln® for the Americas* P* 10* 15. Mew York Times* December a, 1941, p» 2a# 16# Sam e l 0-uy Inman* "The he Pan American System"* International Mo* 369, April, 1941, P* ^St* '

18,

«le«at

fflaltaft

.WMI

Lt P* W » H#porfc Qft:th0^|)gl®mtion of the United states to psiallsro. ^ o i u : i g » . ». a>. A|h*flfligSgl Ho* 369, April, 1941, p* 80* Howard J# Trueblood, "Fro®a off Pan-American Oooperat . i u Ser 23, goralai mSM ’©uruaryr 15, *.✓, * 81* James 0* Blaine, political

>, p* 188#

82# Samuel Flagg Bemis* A Mploraatlc History of the United States* p# 737*

126

#3>,

a t the

, Vol. XI,

P. 64* Samuel Vlagg Benia, A States, p. 739

.story of the Unitea

85. S a m e l Flagg Bamla, A. Male»a.tle. M e t o g y .a t the United States. p. 739*

86. Vogel

of the p.

ix

i

87, Ray Lyman Wilbur and Arttar Maatlok Hyde, The Hoover Policies* pp.# 588*589*

88# Howard 1* Trueblood, wl>rogres© of Pan^Amertoan Caopex*a«* tlon«»

February

Ho# 23, t P*

89# William.Manger» Relatione of the Latin toorioar o* !!* 90# WsuS# Culbertson,

t P*

67«

91* WsuS* Culbertson, Reciprocity. p# 747-749* 92* tJaitod States tariff OMoUsion, trade of Latin America. Part I, p# 97# (1941) 93* William Manger# Eolations of the United States with Latin 94* United states tariff Commission, Report on ror< trade, of Latin America* X f t X i r S n x i ' p* 95* Francis B# Sayre, "Our Relationswith Latin America", Department of State Latin America Series. Ho# 14, March 11, 1937, p* 8 * 96# Francis B# Sayre, "Our Relations with Latin America", Department of State Latin America Series. Ho# 14, March 11, 1937, p« 9* 97* William Manger, Reiatlona of Aht.

States with

latte.. Amc.tiMo py 98* i M « a u g L i a « u ^ 1939* P# H a * 99* Report of the Delegation of the United State® to the

jstera of rorelffl. Affair®« , p« Rb

127

100. United States Department of Stats. March 11, 1939, pp, 171-182, 101, Msw.York

Tinas. January 2, 1942, p. 56.

1°2 » W!m...Xmrk

Tinea. Maroh 4, 1942, P.

9.

nmr York

Times. January 16, 1942,

p.4.

104, H w York

Tinas. January 16, 1942,

p.5,

105, Mew York

Times. Maroh 19, 1942.

103.

106. William Manger, Relations of the suited States with 107, How York Tinea. January 2, 1942. 108, Kmorgenoy Management Offloe, Summary of the Aotlvltlea of the Office of the CoorSjmtorof Inter-Imerloan ~Taira. "August 1941 pp,'

M,

,

109, Text of Final Act, "Third Meeting of Ministers of Foreign Affairs of the American Republics", International Oopol Uation. No. 378, Maroh, 1942, p. 132. H O , Haw York Timas. December 13, 1942, p. 7s Maroh 22, 1942, seotion E, p. 5, 111. Hew York Times. January 25, 1942, p. 19. 112. Text of Final Act, "Third Meeting of Ministers of Foreign Affairs of the American Republics", International Conciliation. No. 378, Maroh, 1942, p# 132# 113* Mm Torlc .yim&Se February 24# 1942# aeetiou K# p* 5# 114* Mm York Times* January 16# 1942f p# 4* 115* Mm York Times*Maroh 31# 1942» p* 9* 116# Mm

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120

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122,

[email protected] 11# 1941*

123* United States Department of Commerce# Civil Aeronautics Ataifiiatration» Press Haleses» October 7# 1941# ' ■

124* Oarleton Beals# A m r lorn South* p* 13* 125* Mward G# Bourne, Spain in Americas 1130*1560» Introduc­

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126* lames 0 * MacDonald # Xatin America * p# 54* 127* Bernard Moses# lutlon

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„the .e w o 1810-1824* p# 3*

120* Manuel Gonaalen# The Civilisation of the Americas*

pp* 110-112*

129* Oarleton Beals# America South., p* 11*

130* Duncan Aikman# the AH-Amsrlean .ffrout.# p* IX* 131* Herbert B* Bolton#"Heport of Conferee® on Xnter-Amsrloan Cultural Halations at Washington* B«0*% In Dee Moines Befttstar* December 14# 1939# p* B*

132. Barnard Moses, The lutlon la &ou

America*

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133. Walter H.c. laves, e d l t w ^ f t t y . A t t e r i ^ a U M U U i #,Pan-Am©rioanl.sm and the world Ofder,f by J* Feed Hippy* p* 212* 134* Walter H*C* laves# editor* foter»Amari.curpo3 © of promoting, in ©vejry possible way, th© development of international methods for the pacific settlement of differences between the States; Being convinced that the "Treaty to Avoid or Pre­ vent Conflicts between the American States," signed at Santiago d© Chile, May 3* 1923, constitutes a notable achieve­ ment in Inter-American relations, which it is necessary to maintain by giving additional prestige and strength to the action of the commissions established by Articles 3 and 4 of the aforementioned treaty; Acknowledging th© need of giving conventional form to these purposes have agreed to enter into th© present con­ vention, for which purpose they have appointed Plenipotenti­ aries as followss (here follows list of Plenipotentiaries, giving names of Frank B# Kellogg, and Charles Evans Hughes as repre­ senting the United States*) Who, after having deposited their full powers, which were found to be in good and due form by the Conference, have agreed as follows; Article 1, The High Contracting Parties agree to submit to th© procedure of conciliation established by this Convention all controversies of any kind which have arisen or may arise between them for any reason and which It may not have been possible to settle through diplomatic channels*

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Article 2* The Commission of Inquiry to he established pursuant to the provisions of Article 4 of th© Treaty signed in Santiago de Chile on May 3, 1923, shall likewise have th© character of Commission of Conciliation* Article 3* The Permanent Commissions which have been established by virtue of Article 3 of th© Treaty of Santiago de Chile of May 3, 1923, shall be bound to exercise conciliatory functions, either on their own motion when it appears that there is a prospect of disturbance of peaceful relations, or at the request of a Party to the dispute, until the Commission referred to in the preceding article is organ** ized* Article 4 * Th© oonciliatroy functions of the Com** mission described in Article 2 shall be exercised on th© oc­ casions hereinafter set forthi (1) ^he Commission shall b© at liberty to begin its work with an effort to conciliate the differences submitted to Its examination with a view to arriving at a settlement between the Parties# (2) likewise the same Commission shall b© at liberty to endeavor to conciliate th© Parties at any time which in the opinion of the Commission may be considered to be favora­ ble in the course of the investigation and within the period of time fixed therefor In Article 5 of th© Treaty of Santiago de Chile of May 3, 1923# (3) Finally, the Commission shall be bound to carry out Its conciliatory function within the period of six months which is referred to in Article 7 of the Treaty of Santiago de Chile of May 3f 1923# 'The Parties to th© controversy may, however, extend this time, if they so agree and notify th© Commission in due time* Article 5# The present convention does not preclude the High Contracting Parties, or on© or more of them, from tendering their good offices or their mediation, jointly or severally, on their own motion or at th© request of one or more of the Parties to th© controversy; but th© High Contract­ ing Parties agree not to make use of those means of pacific settlement from th© moment that th© Commission described in Article 2 is organized until the final act referred to in Article 11 of this convention is signed* Article 6 * The function of th© Commission, as an organ of eoaoiliati n, in all cases specified In Article 2 of this convention, is to procure the conciliation of th© difference® subject to it© examination by endeavoring to effect a settlement between the Parties*

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When the Commission finds itself to be within the case foreseen in paragraph 3 of Article 4 of this conven­ tion, it shall undertake a conscientious and impartial exam­ ination of th© questions which are the subject of the contro­ versy, shall set forth in a report the results of its pro­ ceedings, and shall propose to th© Parties th© bases of a settlement for the suitable solution of the controversy* Article 7* Except when th© Parties agree otherwise th© decisions and recommendations of any Commissi on of Con­ ciliation shall be mad© by a majority vote# Article 8 # The Commission described in Article 2 of this convention shall establish its rules of procedure* In th© absence of agreement to th© contrary, th© procedure indicated in Article 4 of the Treaty of Santiago de Chile of May 3, 1923* shall be followed* Each Party shall bear its own expenses and a pro­ portionate share of the general expenses of the Commission* Article 9* The report and the recoimendatians of the Commission, insofar as it may b© acting as an organ of conciliation, shall not have the character of a decision nor an arbitral award, and shall not be binding on the Parties either as regards the exposition or interpretation of the facts or as regards questions of law* Article 10* As soon as possible after the termina­ tion of its labors th© Commission shall transmit to th© Par­ ties a certified copy of th© report and of th© bases of settle­ ment which it may propose*

The Commission In transmitting th© report and the recommendations to th© Parties ahll fix a period of time, which shall not exceed six months, within which the Parties shall pass upon the bases of settlement above referred to* Article 11* Once the period of time fixed by th© Commission for the Parties to make their decision has expired, the Commission shall set forth in a final act the decision of the Parties, and if th© conciliation has been effected, th© terms of the settlement* Article 12# The obligations set forth in th© second sentence of the first paragraph of Article 1 of the Treaty of Santiago de Chil© of May 3, 1923, shall attend to the time when th© final act referred to in th© preceding article Is signed* Article 13* Once th© procedure of conciliation is under way it shall be interrupted only by a direct settlement

153

between the Parties or by their agreement to accept absolutely the decision ex aequo et bono at an American Chief of State or to submit tlie controversy to arbitration or to an inter­ national court* Article 14# Whenever for any reason the Treaty of Santiago d© Chile of May 3, 1923, does not apply, the Commis­ sion referred to in Article 2 of this convention shall be organised to the end that it may exercise the conciliatory functions stipulated in this convention; th© Commission shall be organised in the same manner as that prescribed in Article 4 of said treaty* In such cases, th© Commission thus organized shall be governed in its operation by th© provisions, relative to oonolliation, of this convention* Article 15# The provisions of th© preceding article shall also apply with regard to the Permanent Commissions con­ stituted by th© aforementioned Treaty of Santiago d@ Chile, to th© end that said Commissions may exercise the conciliatory functions prescribed In Article 3 of this convention# Article 16# The present convention shall b© ratified by th© High Contracting Parties in conformity with their respective constitutional procedures, provided that they have' previously ratified th© Treaty of Santiago de Chile, of May 3, 1923.

This convention shall remain In fore© Indefinitely, but it may b© denounced by means of notic© given on© year in advance at th© expiration of which it shall cease to be in fore© as regards the Party denouncing th© same, but shall re­ main in force as regards the other signatories# #

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Any American State not a signatory of this convention may adhere to the same by transmitting the official instrument setting forth such adherence to the Ministry for Foreign Affairs of the Republic of Chile which will notify the other High Con­ tracting Parties thereof In the manner heretofore mentioned# #

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Bone at the city of Washington, on this fifth day of January, 1929#

Hudson, Vol.* 4, P* 2635: international legislation#

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APPENDIX H ADDITIONAL PHOTOCOX., Montevideo, December 26, 1933 Tb© High Contracting Parties of th© General Convention of Inter-American Conciliation of the 5th of January, 1929, convinced of the undeniable advantage of giving a permanent character to the Commissions of Investigation and Conciliation to which Article 2 of said Convention refers, agree toaadd to the aforementioned Convention the following and additional Protocol♦ Article 1* Each country signatory to the Treaty signed in Santiago, Chile, the 3rd of May, 1923, shall name, as soon as possible,by means of a bilateral agreement whMh shall be recorded in a simpl© exchange of notes which each one of the other signatories of the aforementioned Treaty, those members of the various commissions provided Tor In Article 4 of said Treaty, Th© commissions so named shall have a permanent character and shall be called Commissions of Investigation and Conciliation, Article 2, Any of the contracting parties may re­ place the members which have been designated, whether they be nationals or foreigners; but, at the same time, th© substitute shall b© named, In ease th© substitution Is not mad©, the re­ placement shall not be effective, Article 3# Th© commissions organized in fulfillment of Article 3 of the aforementioned Treaty of Santiago, Chile, shall bo called Permanent Diplomatic Commissions of Investiga­ tion and Conciliation, Article 4, To secure the immediate organization of the commissions mentioned in th© first Article hereof, th© High Contracting Parties engage themselves to notify th© Pan American Union at th© time of th© deposit of th© ratification of the present Additional Protocol In th© Ministry of Foreign Halations of th© Republic of Chile, th© names of th© two members whose designation they are empowered to make by Arti­ cle 4 of the Convention of Santiago, Chile, and said members, so named, shall constitute th© members of th© Commissions which ar© to be organized with bilateral character In accord­ ance with this Protocol# Article 5* It shall be left to the Governing Board of the Pan American Union to initiate measures for bringing about th© nomination of the fifth member of each Commission of Investigation and Conciliation in accordance with th© stip­ ulation established in Article 4 of th© Convention of Santiago, Chile* Article 6» In view of the character which this Protocol has as an addition to th© Convention of Conciliation of Washington, of January 5, 1929, the provision of Article 16 of said Convention shall be applied thereto# From Pinal Act of the Seventh International C o n f p. 18$

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IKTER-AMiilRICAN CONVMTXON OB ARBITRATION, Washington, Ftouary 5* 1929 The Governments # « • represented at th© Conference on Con­ ciliation and Arbitration, assembled at Washington, pursuant to the Resolution adopted on February 16, 1928, by the Sixth International Conference of American States held in the City of Havana; In accordance with the solemn declarations made at said Conference to th© effect that th© American Republics condemn war as an instrument of national policy and adopt obligatory arbitration as th© means for the settlement of their international differences of a juridical character! Being convinced that the Republics of the New World, governed by the principles, institutions arid prac­ tices of democracy and bound furthermore by mutual interests, which are increasing each day, have not only the necessity but also the duty of avoiding the disturbance of continental harmony whenever difference® which are susceptible of judi­ cial decision arise among them; Conscious of the great mox»al and material benefits which peace offer® to humanity and that th© sentiment and opinion of America demand, without delay, the organization of an arbitral system which shall strengthen the permanent reign of justice and law; And animated by the purpose of giving conventional form to these postulates and aspirations with the minimum exceptions which they have considered Indispensable to safe­ guard the independence and sovereignty of the States and in th© most ample manner possible under present international condltons, have resolved to effect the present treaty, and for that purpose have designated the Plenipotentiaries here­ inafter named t (names of countries and delegates) Article 1# The High Contracting Parties bind themselves to submit to arbitration all differences of an international character which have arisen or may arise between them by virtu© of a claim of right mad© by on© against the other under treaty or otherwise, which it ha® not been possible to adjust by diplomacy and which are juridical in their nature

156

by reason of being susceptible of decision by the applica­ tion of the principles of law* There shall be considered as Included among the questions of juridical characters (a The interpretation of a treaty; h> Any question of international law; fo Th© existence of any fact which* if established, would constitute a breach of an international obligations (d) The nature and extent of the reparation to be made for th© breach of an international obliga­ tion# The provisions of this treaty shall not preclude any of the Parties* before resorting to arbitration, from having recourse to procedures of investigation and concilia­ tion established in conventions then in force between them# Article 2# There are excepted from the stipulations of this treaty the following controversies; (a) Those which are within the domestic juris­ diction of any of the Parties to the dispute and are not controlled by international law; and (b) Those which affect the interest or refer to the action of a State not a Party to this treaty# Article 3# The arbitrator or tribunal who shall decide the controversy shall be designated by agreement of the Parties# In th© absence of an agreement the following pro­ cedure shall be adopted; Each Party shall nominate two arbitrators, of whom only one may be a national of said Party or selected from ghe persons whom said Party has designated as members of the Permanent Court of Arbitration at Th© Hague* The other member may be of any other American nationality* These arbi­ trators shall in turn select a fifth arbitrator who shall be president of the court# # » « Article 4. The Parties to the dispute shall formulate by common accord, In each case, a special agreement which shall clearly define th© particular subject-matter of th© controversy, th© seat of the court, th© rules which will b© observed in the proceedings, and the other conditions to which the Parties may agree#

157

If an accord has not been reached with regard to "the agreement within three month® reckoned from the date of the installation of the court, the agreement shall be formulated by the court, Article 5# In case of the death, resignation or incapacity of on© or more of the arbitrators th© vacancy shall be filled in the same manner as th© original appointment* Article 6* When there are more them two States directly lnt©rested in the same controversy, and the interests of two or more of them are similar, the State or States who are on the same aside of th© question may increase the number of arbi­ trators on the court, provided that in all cases th© Parties On each Sid© of the controversy shall appoint an equal number of arbitrators* * • * Article 7* The award, duly pronounced and notified to the Parties, settles the dispute definitively and without appeal* Differences which arise with regard to its interpre­ tation or execution shall be submitted to the decision of the court which rendered th© award* Article 8* The reservations made by one of th© High Contract­ ing Parties shall have the effect that the other Contracting Parties are not bound with respect to the Party making th© reservations except to the same extent as that expressed therein* Article 9* The present treaty shall be ratified by the High Contracting Parties in conformity with their respective constitutional procedures* The Original treaty and th© instruments of ratification shall be deposited in the Department of State of th© United States of America which shall give notice of the ratifications through diplomatic channels to the other signatory Governments and the treaty shall enter into effect for th© High Contracting Parties in the order that they deposit their ratifications* This treaty shall remain in force indefinitely, but it may be denounced by means of on© year*s previous notice at the expiration of which it shall cease to be in force as regards the Party denouncing the same, but shall remain in fore© as regards the other Signatories* • » * Any American State not a signatory of this treaty may adhere to the same * * * • Hudson, Vol* 4, P* 2625: International legislation*