of the states concerned. Ordinarily the persons signing the protocol have been duly authorized by their respective states in advance. The term "protocol" is sometimes applied to the preliminary draft of an agreement between two or more states as to the agreements entered into by negotiators in preparation of a more formal document, such as a treaty or convention.1 (6) Declarations are usually documents containing reciprocal agreements of states, as in granting equal privileges in matters of trade-marks, copyrights, etc., to the citizens of each state. The term is used for the documents, (1) which outline the policy or course of conduct which one or more states propose to pursue under certain circumstances, (2) which enunciate the principles adopted, or (3) which set forth the reasons justifying a given act. (c) The terms "memoranda" and "memoires are used to indicate the documents in which the principles entering an international discussion are set forth, together with the probable conclusions. These documents may be considered by the proper authorities, e.g. may be sent to the foreign secretaries of the states concerned, and contre-memoires may be submitted. These documents are generally unsigned. (d) Besides the above, there may be in diplomatic negotiations letters between the agents, in which the use of the first or second person is common, and notes, which are more formal and usually in the third person. These 1 For various protocols, see Treaties of U. S., 824, 1148; 30 U. S. Sts. at Large, 1593; ibid., 1596. For the recent protocol between the United States and Spain as to terms of peace, see 30 U. S. Sts. at Large, 1742 letters, if made public, may have much force, as in the case of the collective note of the powers commonly called the "Andrassy note," by which the Powers of Europe in 1875 held that in Turkey “reform must be adopted to put a stop to a disastrous and bloody contest." (e) When representatives of states not properly commissioned for the purpose, or exceeding the limits of their authority, enter into agreements, their acts are called treaties sub spe rati or sponsions. Such agreements require ratification by the state. This ratification may be explicit in the usual form, or tacit, when the state governs its action by the agreements. (f) of the nature of treaties are cartels, which are agreements made between belligerents, usually mutual, regulating intercourse during war. These may apply to exchange of prisoners, postal and telegraphic communications, customs, and similar subjects. These documents are less formal than conventions, usually negotiated by agents specially authorized, and do not require ratification, though fully obligatory upon the states parties to the agreement.1 Here also may be named the suspension of arms, which the chief of an army or navy may enter into as an agreement for the regulation or cessation of hostilities within a limited area for a short time and for military ends. When such agreements are for the cessation of hostilities in general, or for a considerable time, they receive the name of armistices or truces. These are sometimes called conventions with the enemy. These last do not imply international negotiation. 1 Wheat., D., §§ 254, 344. NOTE. Agreements concluded between states and private individuals or corporations have not an international character, and do not come within the domain of international law. Such agreements may include: 1. Contracts with individuals or corporations for a loan, colonization, developing a country, etc. 2. Agreements between princes in regard to succession, etc. 3. Concordats signed by the Pope as such and not as a secular prince. § 83. The Negotiation of Treaties The negotiation of treaties includes, (a) the international agreement upon the terms, (b) the drafting of the terms, (c) the signing, and (d) the ratification. (a) The first step preparatory to the agreement is the submission of proof that the parties entering into the negotiations are duly qualified and authorized. As the sovereigns themselves do not now in person negotiate treaties, it is customary for those who are to conduct such negotiations to be authorized by a commission generally known as full power. The negotiators first present and exchange their full powers. They may be somewhat limited in their action by instructions.2 Often it is the diplomatic representatives who negotiate with the proper authorities of the state to which they are accredited. The negotiations are sometimes written, sometimes verbal, and are preserved in the procès verbaux. In case the negotiations are for any reason discontinued before the drafting of the terms of the agreement, it is customary to state the circumstances 1 The Holy Alliance of 1815 was signed by three sovereigns. leading to this act in a protocol signed by all the negotiators. Sometimes this takes the name of a manifest or of a declaration. (b) The draft of the treaty is usually, though not necessarily, of a uniform style. Many early treaties opened with an invocation to Deity. This is not the custom followed by the United States, however. The general form is to specify the sovereigns of the contracting states, the purpose of the agreement, and the names of the negotiators, with their powers. This constitutes the preamble. Then follow in separate articles the agreements entered into forming the body of the treaty, the conditions of ratification, the number of copies, the place of the negotiation, the signatures and seals of the negotiators. Sometimes other articles or declarations 1 are annexed or added, with a view to defining, explaining, or limiting words or clauses used in the body of the treaty. Ordinarily the same formula is followed as in the portion of the main treaty subsequent to the body in setting forth conditions of ratification, etc. The order of the states parties to the treaty, and of the agents negotiating it, varies in the different copies. The copy transmitted to a given state party to the treaty contains the name of that state and of its agents in the first place, so far as possible. Each negotiator signs in the first place the copy of the treaty to be transmitted to his own state, and if the agents of more than one other state sign the treaty, they sign in alphabetical order of their states, in the original language of the convention. This is known as the principle of the alternat. 1 The Declaration of Paris, 1856. The following is the beginning and end of the Treaty of Washington relative to the Alabama Claims, etc., including the President's proclamation thereof: 1— "BY THE PRESIDENT OF THE UNITED STATES OF AMERICA "A PROCLAMATION "Whereas a treaty, between the United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, concerning the settlement of all causes of difference between the two countries, was concluded and signed at Washington by the high commissioners and plenipotentiaries of the respective governments on the eighth day of May last; which treaty is word for word, as follows: "The United States of America and her Britannic Majesty, being desirous to provide for an amicable settlement of all causes of difference between the two countries, have for that purpose appointed their respective plenipotentiaries, that is to say: The President of the United States has appointed, on the part of the United States, as Commissioners in a Joint High Commission and Plenipotentiaries [here, follow the names]; and her Britannic Majesty, on her part, has appointed as her High Commissioners and Plenipotentiaries [here follow the names]. "And the said plenipotentiaries, after having exchanged their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles: [Here follow 42 articles.] "ARTICLE XLIII "The present treaty shall be duly ratified by the President of the United States of America, by and with the advice 1 17 U. S. Sts. at Large, 863; Treaties of U. S., 478. |