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Patent Law-Summary Of
Source: An Official of the U. S. Patent Office
A patent grant gives the inventor the right to exclude all others from making, using, or selling his invention for 17 years, but it does not give the patentee the right to make, use, and sell his own invention if it is an improvement on some unexpired patent whose claims are infringed thereby. A patent is granted only upon a regularly filed application, complete in all respects, upon payment of the fees, and only after a determination of utility and completeness of disclosure of the invention, and a search to determine its novelty. No patent is granted upon a mere idea or a suggestion.
There must be a complete description of the invention and it must be accompanied by drawings suitably illustrating the same, if it is of a machine or other device that can be illustrated.
If the device is not operative and not so clearly set forth as to make it capable of manufacture from the description, no patent can issue.
An application for patent must be made by the inventor only, and no person who has not actually created a portion of the invention is entitled to be considered a joint inventor.
A patent issued to more than one inventor where only one has actually invented the device is invalid. A person who makes a financial contribution merely is not a joint inventor, but the invention may be assigned to him.
Patents are not granted for useless devices, for printed matter, for methods of doing business, for improvements in devices which are the result of
mere mechanical skill, nor for machines that will not operate, particularly for alleged perpetual motion machines.
A patent is not granted for a new composition of matter unless the component parts thereof, as well as the manner of making and using the same, are fully disclosed in the application when filed.
To obtain a patent for a medical compound, it must be something more than a physician's prescription.
No protection is afforded by the patent law prior to the actual issue of a patent.
Protection of the patent law extends throughout continental United States, Alaska, Hawaii, and the Canal Zone, and, upon compliance with certain regulations, to Puerto Rico, the Philippine Islands, the Virgin Isles, and Guam.
The law gives right of appeal to the courts from refusal to grant a patent or a reissue.
President Roosevelt signed, July 2, 1940, a bill authorizing the Commissioner of Patents to keep secret all inventions affecting national defense. If the commissioner decides the disclosure of an invention would be detrimental to public safety or defense he can withhold the granting of a patent to the inventor for an indefinite period. Army and Navy officials would get immediate access to pending patents. In August, 1941, a law was signed which prohibits the filing of applications for patents in foreign countries, which cover any invention made in this country, without first obtaining a license from the Commissioner of Patents.
TRADE MARKS-THE LAW THEREON
(Many of the States have their own trade-mark laws, which it is necessary to consult) A trade-mark is a distinctive word, emblem, symbol, or device, or a combination of these, used on goods actually sold in commerce to indicate or identify the manufacturer or seller of the goods. The mark must have been used in interstate or foreign commerce, or in commerce with the Indian tribes, before an application for registration can be filed in the Patent Office.
Any mark which has been in actual and exclusive use as a trade-mark by the applicant during the 10 years next preceding February 20, 1905, may be registered, and such a mark when once registered may be registered when used on other goods of the owner of the mark.
A trade-mark can not be registered if it contains immoral or scandalous matter. No one can register a mark including the flag or coat of arms or other insignia of the United States or any simulation thereof, or of any State or municipality or of any foreign nation, or of any design or picture that has been or may hereafter be adopted by any fraternal society as its emblem.
Trade-marks are not protected by the copyright
Foreigners must apply for and secure registration of their trade-marks in their home countries before registration can be effected in the United States, and only those whose home countries give reciprocal rights to United States citizens register.
Ownership of trade-marks is not conferred by registration. The first person to use a trade-mark Registration is prohibited of any name, dis-on merchandise acquires title thereto in the tinguishing mark, character, emblem, colors, flag, territory where his goods are marketed. Tradeor banner adopted by any institution, organization, mark ownership rights arise under the nondub, or society which was incorporated in any statutory common law of the States. They are State of the United States prior to the date of not acquired by registration or lost by failure to adoption and use by the applicant provided use by obtain the registration permitted by the statute. the organization was prior to use by applicant. Owners of trade-marks having business or prospective business in foreign countries should ascertain the trade-mark laws in those countries so that they may take proper steps in time to protect their rights. Registration in the United States generally is essential before registration in foreign countries.
No portrait of a living individual may be registered as a trade-mark except by the written consent of the individual, nor may the portrait of any deceased President of the United States be registered during the life of his widow except by written consent of the widow.
No mark which is identical with that used by another on the same class of goods, or so nearly resembles it as to be likely to cause confusion in trade, can be registered. These limitations do not prevent the registration of a trade-mark merely because it is the name of the applicant, provided it is distinctively written or printed.
An agreement strengthening international regulations for protection of trade-marks, patents and copyrights was signed at London on June 2, 1934, by delegates from 39 nations, including the United States. False indication of the origin of products is prohibited and more general observance of the rights of trade-mark owners is provided.
Law of Contracts
Source: The Statutes; Common Law
To the creation of a valid contract there must be: The following contracts very generally 1. Precise agreement. The offer of one party must be met by an acceptance by the other, according to the terms offered.
2. There must be a consideration which may or may not be a matter of dollars and cents. For example, marriage is a civil contract in most of the states of the Union.
3. The parties must have capacity to contract. The contracts of insane persons are not binding upon them. Married women are now generally permitted to contract as though single, and bind their separate property.
4. The party's consent must not be the result of fraud or imposition, or it may be avoided by the party imposed upon.
5. The purpose of the parties must be lawful. Agreements to defraud others, to violate statutes, or whose aim is against public policy are void.
required to be attested by some writing: Contracts by their terms not to be performed within a year from the making thereof.
A promise to answer for the debt, default, or miscarriage of another person.
Contracts made in consideration of marriage, except mutual promises to marry.
debts of deceased out of his own property.
Contracts for the creation of any interest or estate in land, with the exception of leases for a short term, generally one year.
Contracts for the sale of goods above a certain value, unless a portion of the price is paid or part of the goods delivered.
Partial performance of the contract is generally held to dispense with the necessity for a writing.
Copyright Law of the United States
Source: An Official of the U. S. Copyright Office
The copyright law provides that the application for registration of any work "shall specify to which of the following classes the work in which copyright is claimed belongs:
(a) Books including composite and cyclopaedic works, directories, gazetteers and other compila-matic or musical compositions, one complete copy tions; (b) periodicals, including newspapers; (e) lectures, sermons, addresses, prepared for oral delivery; (d) dramatic or dramatico-musical compositions; (e) musical compositions; (f) maps; (g) works of art, models or designs for works of art; (h) reproductions of a work of art; (i) drawings of plastic works of a scientific or technical character; (j) photographs; (k) prints and pictorial illustrations: (1) motion picture photo plays; (m) motion pictures other than photo-plays.
For works reproduced in copies for sale or public distribution: 1. Publish the work with the copyright notice. The notice may be in the form "Copyright, 19 (year date of publication), by (name of copyright proprietor), or in the case of works specified above (1) to (k) the notice may consist of the letter C inclosed in a circle (c) accompanied by the initials, monogram, mark or symbol of the proprietor-provided that his name shall appear on some accessible part of the copies."' 2. Promptly after publication send to the Copyright Office, Library of Congress, Washington, D. C., two copies (or if the work is by a foreign citizen and is first published in a foreign country, one copy only) of the best edition of the work, with an application for registration.
In the case of books by American authors, or permanent residents of the United States, the copies deposited must be accompanied by an affidavit, under the official seal of an officer authorized to administer oaths, stating that the typesetting, printing and binding of the book have been performed within the United States. Affidavit and application forms will be supplied by the Copyright Office on request.
BOOKS OF FOREIGN ORIGIN
Books of foreign origin in a language or languages other than English are not required to be manufactured in the United States. In the case of a book in the English language published abroad before publication in this country, an ad interim copyright for four months from the day of the deposit of the foreign copy may be secured by depositing in the Copyright Office one complete copy of the foreign edition within sixty days after its publication abroad. If two copies of such book manufactured and published in this country are deposited for registration during the ad interim term, the copyright shall be extended for the full term of 28 years.
For works not reproduced in copies for sale: Copyright may also be had of certain classes of
works (see a, b, c, below) of which copies are not reproduced for sale, by filing in the Copyright Office an application for registration, with the statutory fee of $1, sending therewith: (a) In the case of lectures or other oral addresses or of draof the work: (b) In the case of photographs not intended for general circulation, one photographic print. (c) In the case of works of art (paintings, drawings, sculptures), or of drawings or plastic works of a scientific or technical character, one photograph or other identifying reproduction of the work. In the case of a motion picture photo-play, a title and description and one print taken from each scene or act. In case of a motion picture other than a photo-play, a title and description with not less than two prints to be taken from different sections of a complete motion picture. In all these cases, if the work is later reproduced in copies for sale, two copies must then be deposited with another application.
The statutory fee for registration of a published work subject to copyright is $2. This includes the Copyright Office certificate under seal. For registration of a published photograph where a certificate is not desired the fee is $1. For drama. music, lectures and works of art not reproduced in copies for sale (1. e., unpublished) the registration fee is $1 as heretofore. For renewal of copyright, $1. For recording assignments $2 for each Copyright Office record-book page or fraction thereof over one-half page.
Copyright notices in books must be placed on the title page or on the page immediately following.
The original term of copyright under existing U. S. law runs for 28 years. Within one year prior to the expiration of the original term, the author, or the next of kin, may secure a renewal for a further term of 28 years. In case of composite works, or works made for hire, the proprietor may secure the renewal.
Copyright in the United States may be secured for works of foreign authors published in foreign countries on compliance with the American copyright law.
PRINTS AND LABELS
Under the Commercial Print and Label Act, effective at the close of business June 30, 1940, the registration of commercial prints and labels was transferred from the office of the Commissioner of Patents to the Register of Copyrights. Registrations already made and unexpired are subject to renewal through the Register of Copyrights when their term expires, if application is made within one year of expiration of original term of 28 years. For forms and instructions apply to the Register of Copyrights.
The Single Tax, Summary by the Late Henry George
We assert as our fundamental principle the selfevident truth enunciated in the Declaration of American Independence, that all men are created equal and are endowed by their Creator with
certain inalienable rights.
We hold that all men are equally entitled to the use and enjoyment of what God has created and of what is gained by the general growth and improvement of the community of which they are a part.
Therefore, no one should be permitted to hold natural opportunities without a fair return to all
for any special privilege thus accorded to him, and that that value which the growth and im provement of the community attaches to land should be taken for the use of the community; that each is entitled to all that his labor produces; therefore, no tax should be levied on the products of labor.
To carry out these principles, we are in favor of raising all public revenues for national, State, county and municipal purposes by a single tax upon land values, irrespective of improvements. and of the abolition of all other forms of direct and indirect taxation.
Litigation of Customs Claims
Source: A Law Officer of the Customs Court
If the valuation by the local appraiser of imported merchandise upon which an ad valorem duty is assessed is disputed by the importer he may appeal to the U. S. Customs Court for revaluation (or reappraisement as it is called) within 30 days after the personal delivery or mailing of the written notice of appraisement by the local appraiser.
If the importer is dissatisfied with the classification of the Collector of Customs at the port of entry, he may file a protest in writing within sixty days with such collector, who thereupon must forward the papers to the court, and the case is regularly docketed.
These remedies of appeal and protest have been accorded also to the American manufacturers, producers and wholesalers, as parties in interest.
Reappraisement cases are heard by a single Judge, with an appeal by either party from his judgment to one of the Appellate Divisions of the court, consisting of three Judges.
Classification cases, including suits over the legality of an appraisement, the legality of any administrative regulation promulgated by the Secretary of the Treasury, or the legality of other administrative action resulting in the levy of duty by the collector of customs, are decided by this
An appeal lies from this court's judgment to the U. S. Court of Customs and Patent Appeals at Washington, from whence certiorari lies to the Supreme Court of the United States.
The U. S. Customs Court meets at 201 Varick St., N. Y. City.
The Hatch Acts of 1939 and 1940
The first Hatch Act, signed by the President and in effect Aug. 2, 1939, forbids pernicious political activity by Federal employes.
The second Hatch Act, signed and in force July 20, 1940, prohibits such activity on the part of State employes paid wholly or in part from Federal
The primary purpose of both acts is to enjoin United States Government employes from taking part in political campaigns other than voting.
The 1940 act limits to $3,000,000 the annual expenditures of any political committee and to $5,000 the amount any one person or organization may contribute to national committees for campaign purposes. Local and State committees may receive and spend in excess of $5,000. The act prohibits the purchase of goods, commodities or advertising when the funds go for campaign purposes.
The 1940 act applies to employes of State Highway Departments, Social Security, Welfare or Employment Departments, universities of the "land grant" type, teachers employed in schools receiving various types of Federal assistance as well as numerous others." The measure also includes within its provisions labor organizations, which must not make a contribution or loan of more than $5,000 in any year to a political party.
The 1940 act reaffirms the prohibition against contributions by corporations to parties or candidates and makes the penalties of the Corrupt Practices Act apply.
Prohibitions against the exploitation of those on relief were put in the 1940 and 1941 Federal relief acts.
The 1939 Hatch Act makes it unlawful for any person
To intimidate, threaten or coerce," to interfere with the rights of any other person to vote as he pleases in any Federal election.
In a governmental administrative position-departments, independent agencies or corporations controlled by the Government-to "use his official authority for the purpose of interfering with or affecting" an election for Federal office.
Directly or indirectly to promise "employment, position, work, compensation or other benefit" provided for or made possible by an act of Congress, to anyone as a reward, favor or consideration for "any political activity."
To deprive, threaten or attempt to deprive by any means any person of "any employment, work, compensation or other benefit" made possible by Con
gressional acts on account of any political activity, race, creed or color.
To solicit or be connected with such action of any assessment, subscription, or contribution for any political purpose whatever" from any person receiving compensation or employment under relief appropriations.
To disclose names of persons or list of names for political purposes of persons receiving employment through acts of Congress, providing for relief, to "a political candidate, committee, campaign manager" or to anyone for delivery to such candidates, etc.; also makes it unlawful for anyone to receive the lists "for political purposes."
To use any appropriation or any part of appropriations made for relief for "the purpose of interfering with, restraining, or coercing, any individual in the exercise of his right to vote at any election."
The 1939 Hatch Act makes it a felony to violate the act and provides a fine of $1,000 and one year imprisonment.
Makes it illegal for any administrative or supervisory employee of the Federal Government "to use his official authority or influence for the purpose of an election or affecting the results thereof," and provides for removal of any official violating the section, and stoppage of pay.
Bans Federal jobs to persons advocating "overthrow of Constitutional Government."
Extends the language of the bill to cover homination contests as well as elections.
The United States Department of Justice ruled, on July 16, 1941, that the Hatch Act prohibiting Federal employees from engaging in political activities, does not apply to officers of the National Guard and selectees. The opinion reversed a ruling on June 6, 1940, that the law applied to officers of the National Guard while in Federal service.
Political activity of such officers and enlisted men, whether they be regular Army troops, guardsmen or selectees, is limited by existing Army regulations, which forbid Army personnel from engaging in political management or campaigns.
The opinion pointed out that the penalty for violating the Hatch act is mandatory discharge from the service. "Therefore," it held, "application of the Hatch act to persons ordered or inducted into the military service under the subsequent legislation would produce an absurdity."
Source: General Provisions of the Laws on the Subject.
A Will or Testament is a final disposition of a person's property, to take effect after his death. A codicil is an addition or alteration in such disposition.
A will, or codicil, may be signed any day, including Sundays and legal holidays.
All persons are competent to make a will except idiots, persons of unsound mind, and infants. In civil law, a minor is an infant.
In many States a will of an unmarried woman is deemed revoked by her subsequent marriage. A nuncupative or unwritten will is one made orally by a soldier in active service, or by a mariner while at sea.
In most of the States a will must be in writing, signed by the testator, or by some person in his presence, and by his direction, and attested by two (in some states three) witnesses who must subscribe their names thereto in the presence of the testator.
Wills are of two general types.
The first provides for outright distribution of an estate.
The second provides for deferred distribution of part or all of an estate until conditions are more favorable.
The first type should provide for the appointment of an executor; the second, for an executor and a trustee.
An executor serves only long enough to close out an estate by legal process and turn it over to the beneficiaries or the trustees as directed in the will. A trustee, after receiving part or all of an estate from the executor, holds and manages it until such time as the will directs final distribution.
The same person, or trust company, can act both as trustee and executor.
Funds may be left to charity outright, or in trust.
It is the duty of an executor to tally and appraise the estate, pay all taxes and legal claims, sell or liquidate if the will so provides, distribute the property, and make a final report to the court.
If personal effects-clothing, furniture, paintings, books heirlooms, jewelry, automobiles, etc.-are not disposed of by will, they become part of the general estate and may have to be sold in liquidation.
Real estate given outright in a will does not pass through the executor's hands, the will in such a case operating as a deed.
It should be stated in the will whether inheritor deducted from the individual legacies. ance taxes are to be paid out of the general estate
An executor and trustee can be given, in the will, the right to join in any agreement of merger, readjustment, exchange, or consolidation affecting the securities of the estate.
An executor and a trustee can be given, in the will, specific authority to sell, lease, and mortgage real estate; he can be instructed to continue as well as to liquidate a business.
A dower right is a widow's right to receive during her lifetime one-third of all the rents and revenues of the husband's lands.
Dower and courtesy rights were abolished in New York State under a law of 1929. Husband and wife now have equal inheritance rights. Not over one-half of an estate can be devised by the owner to charity.
Since Sept. 1, 1930, in New York State, a surviving spouse who is disinherited under the will from receiving what he or she would receive if the decedent had died without making a will may elect to take such share against the will. The statute, since its enactment in 1929, is substantially the same.
Debts are a prior lien on the estate under the law of New York and most of the states.
United States Anti-Trust Laws
Source: World Almanac Questionnaire
The pioneer Federal anti-trust legislation was embodied in the so-called Sherman Act of July 2, 1890, drawn by the late United States Senator John Sherman of Ohio, and supplemented by the Clayton Act of Oct. 15, 1914.
That part of the Sherman Act, as amended, defining and penalizing monopoly, is as follows:
Sec. 1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal: Provided, That nothing herein contained shall render illegal, contracts or agreements prescribing minimum prices for the resale of a commodity which bears, or the label or container of which bears, the trade mark, brand, or name of the producer or distributor of such commodity and which is in free and open competition with commodities of the same general class produced or distributed by others, when contracts or agreements of that description are lawful as applied to intrastate transactions, under any statute, law, or public policy now or hereafter in effect in any State, Territory, or the District of Columbia in which such resale is to be made, or to which the commodity is to be transported for such resale, and the making of such contracts or agreements shall not be an unfair method of competition under section 5, as amended and supplemented, of the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914: Provided further, That the preceding proviso shall not make lawful any contract or agreement, providing for the establishment or maintenance of minimum resale prices on any commodity herein involved, between manufacturers, or between producers, or between wholesalers, or between brokers, or between factors, or between retailers, or between persons, firms, or corporations in competition with each other. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding $5,000, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Sec. 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed
Thurman Arnold, Assistant U. S. Attorney General, in a statement before the Temporary National Economic Committee. February 12, 1941, said: "For the past 2 years the Antitrust Division has been investigating industries directly involved in the present national-defense effort. The results of the investigation indicate that:
"1. The United States Government has been charged excessive and unreasonable prices for essential war materials as a result of agreement between domestic and foreign companies, and collusive bidding on Army and Navy contracts.
2. Foreign companies have taken out patents and entered into cartel arrangements in the United States on essential war materials for the purpose and with the effect of blocking American development and creating serious shortages.
3. There have been divisions of world markets by patent agreements between domestic and foreign companies which give foreign interests the right to determine where and how the American companies may sell certain military supplies.
4. It seems probable that vital military information has been disclosed to foreign companies through the requirements of itemized descriptive royalty payments in patent license agreements.
"Criminal or civil actions have been started in the aluminum, military optical goods, tungsten carbide, airplane fabric, bentonite, and magnesium industries. Grand juries are at present investigating drugs, aviation precision equipment, and surgical instruments and equipment. The pending proceedings have disclosed serious shortages of materials essential to the present emergency national-defense effort.
"In aluminum, military optical goods, magnesium, and tungsten carbide, certain beneficial results
guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Sec. 3. Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any Territory of the United States, or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations. or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars. or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
The Clayton Act, as amended, prohibits price discriminations, except as to differentials "which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered." Even in such cases the Federal Trade Commission may intervene to establish quantity limits. Persons engaged in selling may select their own customers in bona fide transactions and not in restraint of trade. The act, as amended. does not prevent price changes due to market conditions or to marketability of the goods concerned "The labor of a human being." says the Clayton Act, is not a commodity or article of commerce. Nothing contained in the anti-trust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit. or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the anti-trust laws."
Interlocking bank directorates are banned except as allowed by the Board of Governors of the Federal Reserve System. The monopoly provisions apply also to the railroads and other common
have already been achieved by the activity of the Antitrust Division. Thus, during the aluminum case the price of aluminum dropped from 20 to 17 cents in the face of a severe shortage and a most urgent demand. In tungsten carbide-which was an unusual case-the price fell from $205 a pound to somewhere in the neighborhood of $50 a pound 2 days after the indictment. I think that answers the charge of failure of business cooperation.
"In magnesium, where for the past 14 years an absolute monopoly in production was maintained by one concern, others are now preparing to enter the field in the belief that the Department of Justice will prevent the use of monopolistic power to eliminate them. In military optical goods others are also making plans to enter the industry now that they feel that the Antitrust Division has broken the monopolistic practices in this field." On the general anti-trust subject, Mr. Arnold in his report said: "It is, of course, very difficult to discuss the immense and intricate organic growth which constitutes the American business system without oversimplification which may be misleading. Subject to this elementary caution, it may be said, however, that there are two main types of problems to be faced in the administration of the antitrust laws for these purposes.
"First, there are the problems created by groups within an industry which combine to exercise control over prices and production, sacrificing both employment and opportunity for new enterprise in an attempt to freeze the status quo.
"Second, there are problems presented by single large industrial enterprises whose price policies whether through design or lack of foresight, block rather than promote the maximum distribution of goods which modern technique enable them to make."
The Monroe Doctrine
Source: Official Government and Historical Records
President James Monroe in 1820 announced that the citizens of the United States wished success to the revolting Spanish colonies in South America, but that this government would maintain strict neutrality. In 1821 the Russian Emperor issued a ukase prohibiting citizens of other nations from navigating and fishing within 100 Italian miles of the northwest coast of North America south of Behring Straits to latitude 51°. In 1823 the Monroe administration denounced and defied the ukase and declared that "the American continents are no longer subjects for any new colonial establishments."
Meantime the Holy Alliance of Austria, Russia and Prussia joined by France undertook "to put an end to the system of representative government" and it was proposed to overthrow new governments erected out of the old colonies of Spain in the Western Hemisphere.
This was the situation (August 1823) when George Canning, British foreign secretary, wrote to Richard Rush, American minister in London, suggesting a joint declaration, in substance, that the recovery of the colonies by Spain was hopeless; that neither Great Britain nor the United States was aiming at the possession of any portion of these colonies; and that they could not see with indifference any portion of them transferred to any other power. Great Britain had not at that time recognized the new States in Spanish America but did so later, when Canning was Prime Minister. "I called the New World into existence," he said, "to redress the balance of the Old."
It was after deliberation by the President and his Cabinet, which contained John Quincy Adams, Secretary of State, John C. Calhoun and William Wirt (and also after consultation with Thomas Jefferson, who approved), that the American position was formally stated in Monroe's message (Dec. 2, 1823) asserting, "as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers.
"It is only when our rights are invaded or seriously menaced that we resent injuries or make preparation for our defense. With the movements in this hemisphere we are of necessity more immediately connected and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America. This difference proceeds from that which exists in their respective Governments. And to the defense of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wisdom of their most enlightened citizens, and under which we have enjoyed unexampled felicity, this whole nation is devoted. "We owe it, therefore, to candor and to the ami
cable 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 portion of this hemisphere as dangerous to our peace and safety. With the existpower we have not interfered and shall not ing colonies or dependencies of any European interfere.
"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 the purpose of oppressing them, or controlling in any other manner their destiny, by any European power in any other light than as the manifestation of an unfriendly disposition toward the United States.
"It is still the true policy of the United States to leave the parties to themselves, in the hope that other powers will pursue the same course.'
"Our policy in regard to Europe. . . remains the same, which is, not to interfere in the internal concerns of any of its Powers; to consider the government de facto as the legitimate government for us; to cultivate friendly relations with it, and to preserve those relations by a frank, firm and manly policy, meeting in all instances, the just claims of every Power, submitting to injuries from
"In the wars of the European Powers in matters relating to themselves we have never taken any part, nor does it comport with our policy so to do. It is only when our rights are invaded or seriously menaced that we resent injuries or make preparation for our defense with the movements in this hemisphere we are, of necessity, more immediately connected."
In the first draft of his message, Monroe showed concern over internal developments in Europe. Adams advised him to eliminate that part on the ground that it was poor policy, that it would take from the message much of the force which would be given it if it were grounded solely on the fundamental principle of self-defense. Adams had his way, although not without a struggle in the
The United States Government sent to Germany and Italy (June 17, 1940) the following note:
"The Government of the United States is informed that the government of France has requested of the German Government the terms of an armistice.
The Government of the United States feels it desirable, in order to avoid any possible misunderstanding, to inform Your Excellency that in accordance with its traditional policy relating to the Western Hemisphere the United States would not recognize any transfer and would not acquiesce in any attempt to transfer any geographic region of the Western Hemisphere from one non-American power to another non-American_power.'
French, British and Dutch Governments received similar notices.
Developments of the Convention at Havana
Sources: Various Government Records
lombia, Venezuela, Peru.
The American Republics which have appointed representatives on the emergency committee provided for in the Act of Habana are the United States, Bolivia, Brazil, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Peru, and Venezuela.
Instruments of ratification of the Convention | vations-Argentina, Uruguay, Bolivia, Chile, Coon the Provisional Administration of European Colonies and Possessions in the Americas signed at Havana on July 30, 1940, by the 21 American Republics, have been deposited by the following: The United States on October 24, 1940; the Dominican Republic on November 28, 1940: Costa Rica on December 17, 1940; Brazil on January 14, 1941; Peru on April 4, 1941; and Panama on May 13. 1941. The Convention provides in Article XIX that it shall enter into force when two-thirds of the American Republics have deposited their instruments of ratification with the Pan American Union, Washington, D. C.
The Act of Habana, contained in the Final Act of the Second Meeting of the Ministers of Foreign Affairs of the American Republics at Habana, which also was signed on July 30, 1940, by representatives of the 21 American Republics, provides for the administration of European Colonies and Possessions in the Americas in cases of an emergency through an emergency committee which is given authority to apply the provisions of the Convention before the coming into force of the Convention. The Act of Habana entered into force on the day of signature in respect of the United States and all the other American Republics except the States which signed with reser
The Act of Habana and the Convention were approved by the Colombian Chamber of Representatives on October 2, 1940, and by the Legislative Assembly of El Salvador and the ratiñcations thereof by El Salvador were signed by the President of El Salvador on November 27, 1940.
President Somoza of Nicaragua, issued an executive decree dated December 3, 1940, approving the action of the Nicaragua Foreign Minister at Habana in relation to the Final Act of the Second Meeting of Ministers of Foreign Affairs of the American Republics.
By Congressional Decree No. 8 of December 23. 1940, the Honduran National Legislature gave its approval to the ratification of the Convention.
The Congress of Peru in joint session on January 28, 1941, approved by unanimous vote the favorable report of the Diplomatic Committee of Congress for the ratification of the Convention.
In the Agreement between the United States and