In the consideration of treaties and their binding effects it will be discovered that there are several circumstances under which a treaty may be modified and abrogated. As for an instance: "When a state of things which was the basis of the treaty, and one of its tacit conditions no longer exists." (See Moore's International Law Digest, volume 5, page 319, paragraph 720.) By reference to the treaty of 1867 between Liberia and Germany it will be discovered that said treaty is not only a treaty of commerce, as would appear from the observations made upon the same by the Imperial German Government, as set forth in your said note, but also a treaty of "amity." The title and Article 1 of said treaty read as follows: TITLE "Treaty of Amity, Commerce and Navigation between the Republic of Liberia and the North German Confederacy, concluded October 31st, 1867, ratified by the Senate December 20th, 1867, ratifications exchanged April 28th, 1868." ARTICLE 1 "There shall be perpetual peace and friendship between the Republic of Liberia and the North German Confederacy, their subjects and citizens." From the above-quoted title and article of said treaty, it can not but be apparent that the basis of the treaty was that of "amity" or friendship between the Republic of Liberia and the North German Confederacy, their subjects and citizens. The announcement, by the Liberian Government in its note addressed to the then Acting Imperial German Consul at this capital on the 8th of May last, of the rupture of its relations with the Imperial German Government was not intended as a mere empty diplomatic statement, but as a solemn declaration on the part of the Liberian Government of the breach, by Germany, of that "amity or friendship which, according to the terms of the treaty of 1867, should be the basis of the relations between the two Governments. Therefore, it is the opinion of the Liberian Government that the rupture of that friendship, which was the basis of the treaty between Liberia and Germany, operates as a suspension of Article 2 of said treaty until the resumption of friendly relations between the two Governments. Furthermore "If a treaty," says Mr. Taylor, an eminent authority on International Law, "is consistent at the outset with the right of self preservation it is an implied condition that it shall remain So. "Therefore, a treaty which was not intended to be a menace to the life or independence of a state at the time of its execution becomes voidable the moment subsequent events invest it with that character." Now, the progressive destruction of that system of rules which have for centuries given security to international relations; the denial to neutrals the right freely to travel the ocean highways of the earth; the repudiation, without just and legal causes, of international engagements, are all acts committed by Germany in the present world's war, which seriously menace the life and independence of Liberia, and therefore at once render voidable, on the part of the Liberian Government, the treaty of 1867 between Germany and Liberia. As to the request of the Imperial German Government, made through your Government, that a safe-conduct for every German without distinction of age and sex who would be willing to leave Liberia for Spain, or any other neutral country, be procured by the Liberian Government, I beg also to say that in view of the position taken by the Liberian Government upon the treaty of 1867, as herein above indicated, it is not conceived that such obligations rest upon the Liberian Government, except in the case of the former Acting Imperial German Consul and the German Receiver of Customs. With the continued assurances of my high esteem and profound respect, I have [etc.] C. D. B. KING File No. 763.72/6869 The Minister in Liberia (Curtis) to the Secretary of State No. 128 MONROVIA, August 14, 1917. SIR: I have the honor to transmit herewith for the information of the Department a copy of a joint note from the representatives of the Governments of France and Great Britain, dated July 21 and marked enclosure No. 1, whereby are conveyed to the Liberian Government the instructions of the foreign offices of said Governments anent the guaranties of said Governments as to the canceling of restrictions on Liberian trade and the protection of Liberia from German aggression, and subjoined thereto the acquiescence of the undersigned regarding the statement that said representatives were so instructed and the accord of the undersigned regarding the advisability of the deportation of the Germans. A copy of the answer of the Liberian Government to said communication, dated August 13 and marked enclosure No. 2, is likewise enclosed herewith. I have [etc.] JAMES L. CURTIS [Enclosure 1] The French Chargé (Baret) and the Acting British Consul General (Parks) to the Liberian Secretary of State (King) MONROVIA, July 21, 1917. SIR: The undersigned representatives of the Government of France and the Government of His Britannic Majesty, duly accredited to the Government of Liberia, have the honor to reply to the note 194/D of the Liberian Government, dated June 6, 1917, as follows: 1. That His Britannic Majesty's Government and the Government of the French Republic are not now prepared to consider the proposal of the Liberian Government that the treaty of peace should provide to free Liberia from German aggression after the war, but the representatives of the two above-mentioned Governments at Monrovia are now jointly instructed to make a communication to the Liberian Government, with their American colleague, to the effect that His Britannic Majesty's Government and the Government of the French Republic and that of the United States are willing to jointly give to Liberia a firm assurance that they will defend her to the best of their power against such aggression. 2. That all necessary protection from the sea, which appears to be the only side on which Liberia can be attacked, will be given during the war by His Britannic Majesty's naval squadron at Sierra Leone. The above two paragraphs refer to guaranties against molestation of Liberia during or after the war. The deportation of Germans to France will be arranged at once by the French Admiralty in conjunction with the Liberian authorities upon the above guaranties being accepted by draft convention from the Liberian Government. The danger of German firms in Liberia resuming business after the war will have been removed by the winding up of such firms, which we understand is now in progress, and by the deportation of the Germans. The removal of restrictions on Liberian trade will follow, as these were imposed in order to destroy German trade. Upon the acceptance of the above guaranties by the Liberian Government, it is hoped that we will be immediately notified, so that the Chargé d'Affaires of the French Republic may summon a French warship to effect deportation before the German subjects become aware of the action of the Liberian Government in this regard. With renewed assurances [etc.] E. BARET M. Y. H. PARKS I acquiesce in the foregoing, and am in accord with the advisability of deporting the Germans. JAMES L. CURTIS [Enclosure 2] The Liberian Secretary of State (King) to the American Minister (Curtis), the French Chargé (Baret), and the Acting No. 274/D British Consul General (Parks) MONROVIA, August 13, 1917. GENTLEMEN: I have the honor to acknowledge the receipt of your joint note addressed to the Liberian Government on the 21st of July of the current year, embodying the guaranties which the Governments of Great Britain and France, and that of the United States acquiescing, are willing to give to the Liberian Government with respect to the deportation to France of the German residents in Liberia of mobilizable age, and the protection of Liberia against German aggression during or after the war. In reply I am directed by the President to say, that the said guaranties are, in his opinion, quite adequate, and are therefore acceptable to the Liberian Government, who have, accordingly, declared a state of war existing between Liberia and the German Empire, as from the 4th of August 1917, and taken the necessary steps for the deportation to France of all unofficial German subjects in Liberia of mobilizable age by the French cruiser Desaix now within the territorial waters of the Republic. I am further instructed by the President to say, that should the establishment of a naval base in Liberia be found necessary, by His Britannic Majesty's Government, in order to afford the naval protection contemplated in paragraph two of your said note, permission for same will be immediately granted upon the understanding that such naval base thus established will be within the jurisdiction of Liberia and will be promptly discontinued upon the termination of the war. Assuring you of my personal devotion to the common cause with which our respective countries are now identified, I beg to subscribe myself [etc.] C. D. B. KING File No. 763.72/7241 The Minister in Liberia (Curtis) to the Secretary of State [Telegram] MONROVIA, October 12, 1917, 1 p. m. Have been informed that all the German women in Liberia embarked last night on board Spanish vessel under safe-conduct from British Consul General for Germany with the proviso that the vessel must call at Gibraltar for search of their effects before touching at any point in Spain. Former German Receiver, Customs, following example previously set by former German Consul, sailed on the aforementioned Spanish vessel in violation of the terms of the safe-conduct granted him. CURTIS BRITISH PROCLAMATIONS AND ORDERS IN COUNCIL AFFECTING NEUTRAL TRADE-THE DETENTION OF NEUTRAL SHIPS File No. 763.72112/3263 The Consul General at London (Skinner) to the Secretary of State [Telegram] LONDON, January 1, 1917. [Received 3 p. m.] Proclamation December 29 announces following as additional absolute contrabrand: Oxalic acid and oxalates, formic acid and formates, phenates, metallic sulphites and thiosulphates, soda lime and bleaching powder, platinum, osmium, ruthenium, rhodium, palladium, iridium, and alloys and compounds of these metals, strontium salts and compounds thereof, sulphate of barium (barytes), bone black. Schedule 1, proclamation October 14, 1915, amended as follows: for item 8, "ethyl alcohol; methyl alcohol," substitute "alcohols, including fusel oil and wood spirit, and their derivatives and preparations"; for item 35, "aluminium, alumina, and salts of aluminium,” substitute" aluminium and its alloys, alumina and salts of aluminium"; for item 41, "wolframite, scheelite," substitute "tungsten ores"; Schedule 2, for item 5, "fuel, other than mineral oils," substitute "fuel, including charcoal, other than mineral oils." 2 File No. 763.72112, 3295 SKINNER The Consul General at London (Skinner) to the Secretary of State [Telegram] LONDON, January 13, 1917. Retaliation order, March 11, 1915, under which in effect blockade is maintained, amended because of doubts as to whether the term 66 enemy "in Articles 3 and 4 of said order includes any countries other than Germany. Present amendment provides as follows: In Articles 3 and 4 of order of 11th March, 1915, terms "enemy destination" and "enemy origin" shall be deemed to apply and shall 1 2 Foreign Relations, 1915, Supplement, p. 175. A similar list was received from the Consul General at Paris, Jan. 3 (File No. 763.72112/3275). 'Ibid, p. 144. |