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vention which cannot be settled by negotiation, this dispute shall be submitted to an arbitral tribunal in conformity with the provisions of the Covenant of the League of Nations.
Except in so far as the stipulations contained in Article 1 of the present Convention are concerned, the General Act of Berlin of 26th February, 1885, and the General Act of Brussels of 2nd July, 1890, with the accompanying Declaration of equal date, shall be considered as abrogated, in so far as they are binding between the Powers which are Parties to the present Convention.
States exercising authority over African territories, and other States, Members of the League of Nations, which were parties either to the Act of Berlin or to the Act of Brussels or the Declaration annexed thereto, may adhere to the present Convention. The Signatory Powers will use their best endeavors to obtain the adhesion of these States.
This adhesion shall be notified through the diplomatic channel to the Government of the French Republic, and by it to all the Signatory or adhering States. The adhesion will come into force from the date of its notification to the French Government.
The Signatory Powers will reassemble at the expiration of ten years from the coming into force of the present Convention, in order to introduce into it such modifications as experience may have shown to be necessary.
The present Convention shall be ratified as soon as possible.
Each Power will address its ratification to the French Government, which will inform all the other Signatory Powers.
The ratifications will remain deposited in the archives of the French Government.
The present Convention will come into force for each Signatory Power from the date of the deposit of its ratification, and from that moment that Power will be bound in respect of other Powers which have already deposited their ratifications.
On the coming into force of the present Convention, the French Government will transmit a certified copy to the Powers which, under the Treaties of Peace, have undertaken to accept and observe it. The names of these Powers will be notified to the States which adhere.
In faith whereof the above-named Plenipotentiaries have signed the present Convention.
Done at Saint-Germain-en-Laye, the 10th day of September, 1919, in a single copy, which will remain deposited in the archives of the Government of the French Republic, and of which authenticated copies will be sent to each of the Signatory Powers.
[SEAL FRANK L. POLK
SEAL ARTHUR JAMES BALFOUR
SEAL THOS. MACKENZIE
SEAL TOM. TITTONI
SEAL MAGGIORINO FERRARIS
SEAL K. MATSUI
[The Senate resolution of April 3 (legislative day of April 2), 1930, giving advice and consent to the ratification of the treaty, contained the following understanding: “that in the event of a dispute in which the United States may be involved arising under the convention such dispute shall, if the United States so requests, be submitted to a court of arbitration constituted in accordance with the convention for the pacific settlement of international disputes signed at The Hague on October 18, 1907, or to some other court of arbitration.”]
INTEREST OF THE UNITED STATES IN EFFORTS OF THE LEAGUE OF
NATIONS TO CONTROL THE TRAFFIC IN NARCOTIC DRUGS
The Secretary of State to Senator Reed Smoot
WASHINGTON, March 23, 1928. Sir: Replying to your letter of March 12, 1928,69 inquiring concerning the policy of this Government with regard to the control of the traffic in narcotic drugs, I have the honor to state that this subject is one in which this Department continues to be deeply interested.
The policy of the Government, domestically and internationally in cooperation with the other governments, has been and continues to be to seek the eradication of the abuse of opium and coca leaves and their derivatives. To this end it initiated the movement resulting in the calling of the International Opium Commission at Shanghai in 1909.70 It participated in the conference called at The Hague which resulted in The Hague Opium Convention of 1912," and when the League of Nations called the two conferences held at Geneva in 1924 and 1925 72 this Government participated in the second of those conferences under the authorization contained in the Joint Resolution of Congress of May 15, 1924, which directed our representatives not to sign any agreement which did not "fulfill the conditions necessary for the suppression of the habit-forming narcotic drug traffic as set forth in the preamble” of that resolution which interpreted the purposes of The Hague Opium Convention of 1912 in the following way:
“1. If the purpose of the Hague Opium Convention is to be achieved according to its spirit and true intent, it must be recog, nized that the use of opium products for other than medical and scientific purposes is an abuse and not legitimate.
“2. In order to prevent the abuse of these products, it is necessary to exercise the control of the production of raw opium in such manner that there will be no surplus available for non-medical and non-scientific purposes."
The American Delegation to the second opium conference withdrew from that conference before the completion of its work, because it was forced to the conclusion that the convention which
* For previous correspondence concerning efforts to control traffic in narcotic drugs, see Foreign Relations, 1926, vol. 1, pp. 250 ff.
Chairman of the Senate Committee on Finance.
Printed in Establishment of Two Federal Narcotic Farms: Hearings Before the Committee on the Judiciary, House of Representatives, 70th Cong., 1st sess., on H. R. 12781 and H. R. 13645 (Serial 29-Revised print) (Washington, Govcrnment Printing Office, 1928).
See Foreign Relations, 1909,
See ibid., 1912, pp. 182 ff.; text of convention on p. 196. See ibid., 1924, vol. I, pp. 89 ft.
pp. 95 fr.
was being drawn up did not conform to the principles and policy laid down in the Joint Resolution under which they were instructed to act for this Government. Their reasons were set forth in the memorandum which was attached to the letter of February 6, 1925, addressed by the Honorable Stephen G. Porter, Chairman of the American Delegation, to the President of the Second Opium Conference. Copies of the memorandum and of the text of the Joint Resolution (Public Resolution No. 20—68th Congress) are attached for your information.73
It has furthermore been and continues to be the policy of this Government, both in regard to its domestic situation and internationally in cooperation with the other Powers, to seek the enactment of pharmacy laws and regulations which will limit the manufacture, the sale and the use of morphine, cocaine and their respective salts to the medical needs of the world. (Cf. Hague Convention, Chapter III, Article 9.) With this in view, this Government on October 14, 1926, addressed an instruction to the American diplomatic representatives in the countries signatory to The Hague Convention directing them to bring to the attention of those Governments the steps which have been taken for the control of the manufacture of and traffic in narcotic drugs within the territorial limits of the United States pursuant to the requirements of The Hague Convention and to point out the need for similar control in other countries, particularly those producing opium derivatives, if the illicit international traffic in these drugs is to be eradicated. A copy of this instruction with its enclosures is transmitted herewith for your information. Since the instruction of October 14, 1926, was issued, in order to perfect its system of control, this Government has adopted a new form of import certificates for narcotic shipments and has revised the regulations issued in pursuance of the Narcotic Drugs Import and Export Act. A set of the new import forms and a copy of the revised regulations, which become effective April 1, 1928, are attached. Moreover, Treasury Department Regulations No. 35 on the subject of narcotic control have been replaced by Regulations No. 5, effective January 1, 1928, a copy of which is enclosed.15
As a further means of meeting this situation and because of the increasing evidence that illicit narcotics found within the territorial limits of the United States by the preventive forces of this Government originated from sources outside of the territorial limits of the United States, the Department, in December, 1927, directed its representatives at various capitals 76a to arrange with the governments concerned for the direct exchange of information, relating to persons and organizations engaged in the illicit international traffic in narcotic drugs, between the officers directly concerned with the control of that traffic in the United States and the corresponding officers in such foreign Governments. Arrangements have already been effected for such a direct exchange of information with the Governments of Great Britain, France, Germany and The Netherlands, and it is hoped that arrangements will be made with the following countries to all of which the Department's proposal has been communicated: Switzerland, Italy, Belgium, Czechoslovakia, Denmark, Portugal, Spain, Rumania, Free City of Danzig, Japan, Kingdom of the Serbs, Croats and Slovenes, Turkey and Greece.
73 The memorandum is quoted in Mr. Porter's undated telegram to the Department of State, Foreign Relations, 1924, vol. I, p. 125. The resolution is printed in 43 Stat. 119.
Foreign Relations, 1926, vol. I, p. 250. ** Not printed
On April 12 there is to be held in Geneva a meeting of the Advisory Committee on Opium and Other Dangerous Drugs of the League of Nations. I am instructing Mr. John K. Caldwell, a Foreign Service Officer who has been attached to the Consulate at Geneva and Mr. Pinkney Tuck, American Consul at Geneva, to attend this meeting as unofficial observers, as Mr. Tuck has done at previous meetings of the above mentioned Committee. I have [etc.]
FRANK B. KELLOGG
The Acting Secretary of State to Four American Insurance
WASHINGTON, March 27, 1928. SIRS: For many years the United States has been keenly alive to the necessity of eradicating the illicit trade in narcotic substances. With this end in view the Government has not only enacted domestic legislation but has undertaken commitments in conjunction with other nations, the general policy of narcotic control being based upon the principles laid down in the Hague Opium Convention of 1912, to which the United States is a signatory. Despite the measures of control adopted by the United States and by certain other countries, the illegitimate trade in narcotics is widespread, to the serious detriment of the people of this and other nations.
In 1926 there was brought to the attention of this Government an agreement made by the British Government with Lloyds and the members of the London Underwriters' Association, which was designed to prevent facilities being given for the insurance of consignments of opium or other dangerous drugs intended for illicit purposes. The danger was pointed out of underwriters, unaware of the fact that shipments were destined for illicit purposes, issuing policies
784 Instructions of December 1927 not printed.