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reply of the Spanish Minister for Foreign Affairs to my presentation of the claim of the American citizen against the Spanish Government.

I desire further instructions concerning the claim

before making formal answer to Minister I have the honor to be, Sir,

Your obedient servant,

William Collier."

The following shows the form of a "Note:"

Sir:

"American Embassy, London.

September 4, 1907.

I am authorized by my Government to ratify a Modus Vivendi in regard to the Newfoundland fishery question, as follows:

I am glad to be assured by you that this note will be considered as sufficient ratification of the Modus Vivendi on the part of my Government.

I have the honor to be, with the highest consideration, Sir,

Your most obedient humble servant,
Whitelaw Reid."

The Right Honorable Sir Edward Grey,
&c., &c., &c.

Negotiation of Treaties

One of the most important functions of the Secretary of State is the negotiation of treaties and other international agreements. During the last session of Congress twenty treaties and conventions were ratified.

Negotiations may be initiated in either of two ways. The Secretary of State may take the negotiations up with the diplomatic representatives of the foreign country at Washington, who, if his government is agreeable, treats directly with the Secretary, acting, of course, under the instructions of his government; or the Secretary may direct the representative of the United States in the foreign country to take up the negotiations with the Foreign Office of the other country, in which case our representative acts under instructions from the Department of State. When our representative is entrusted with the negotiation of a treaty a "full power" is given him. This is his power of attorney.

The government proposing the negotiations generally prefers to conduct them at its own capital, unless this course is objectionable to the other party. If the negotiations are to be conducted in Washington, the usual course is for the Secretary to transmit to the foreign ambassador or minister here a draft of the proposed treaty, prepared at the Department of State, accompanying it with a note or memorandum explaining its provisions. Frequently the foreign representative, after consideration of the draft, comes to the Department and confers with the Secretary, asking for further explanations concerning certain provisions or pointing out the inability of his own government to agree to special stipulations proposed. Before replying formally to the communication of the Secretary of State, it is the usual practice for the foreign representative to transmit a copy of the draft and accompanying memorandum to his government, in order that specific instructions may be given him. His government, after consideration of the matter, if it desires to make changes, prepares a "counter-draft" embodying the provisions it is willing to agree to, and transmits it, together with a memorandum explaining its views, to its minister in Washington, to be forwarded by him to the Department of State. The minister may again call on the Secretary for the purpose of submitting orally any argument or explanation that may occur to him in support of the views of his government. The negotiations continue until an agreement is reached or until it becomes evident that it is impossible to reach an accord.

When the terms of a treaty are agreed upon, two exact copies are engrossed at the Department of State, and signed by the Secretary and the foreign minister. Where the two countries have not a common language the texts in the two languages are engrossed in parallel columns. In drawing up treaties this government adheres to the "alternat," by which in the copy of the treaty to be retained by this government, the United States is named first, and our plenipotentiary signs first.

In the copy to be retained by the foreign government that government is named first and its plenipotentiary signs first. The seal of each plenipotentiary is placed after his signature. Two narrow pieces of red, white and blue striped silk ribbon are laid across the page, some hot wax is dropped on the document at the place where the impression of the seal is to be made, and the seals are placed on this, the ribbon thus fastened to the seals being used to bind the pages of the instrument. When the treaty is ratified, a day is fixed and the plenipotentiaries meet and exchange ratifications. The ratification is attached to the instrument. When the ratification is completed, proclamation of the fact and publication of the text are made simultaneously at the capitals of each nation, upon a day agreed upon.

In early times the formal parts of treaties were somewhat complicated, Orientals especially employing very florid terms in describing the contracting parties. For instance, the opening language of the Treaty of Friendship and Commerce between the United States and Persia, signed in 1856, is as follows:

"In the name of God, the clement and the merciful. The President of the United States of North America, and His Majesty as exalted as the planet Saturn; the Sovereign to whom the sun serves as a standard; whose splendor and magnificence are equal to that of the skies; the Sublime Sovereign, the Monarch whose armies are as numerous as the stars; whose greatness calls to mind that of Jeinshid; whose magnificence equals that of Darius; the heir of the crown and throne

of the Kayanians; the Sublime Emperor of all Persia; being both equally and sincerely desirous of establishing relations of friendship between the two Governments, which they wish to strengthen by a treaty of friendship and commerce reciprocally advantageous and useful to the citizens and subjects of the two high contracting parties;" etc.

But in modern treaties the brief and simple form, most fitting for such solemn instruments, is used. The recent supplementary convention between the United States and Japan for the extradition of criminals is given as an example. It reads:

"The President of the United States of America and His Majesty the Emperor of Japan, being desirous to add the crimes of embezzlement of private moneys or property and larceny to the list of crimes. or offenses on account of which extradition may be granted under the Treaty concluded between the two countries on the 29th day of April, 1886, with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention, and for this purpose have appointed as their Plenipotentiaries to wit: The President of the United States of America, Huntington Wilson, Chargé d' Affairs ad interim of the United States of America at Tokio, and His Majesty the Emperor of Japan, Marquis Kinmoti Saionzi, Shonii, First Class of the Imperial Order of the Rising Sun, His Imperial Majesty's Minister of State for Foreign Affairs; Who,

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