CO129-396 - Public Offices - 1912 — Page 246

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THE OPIUM EVIL.

Assistant secretary and disbursing officer: Wallace J. Young, of Illinois.

The instructions to the American delegation were as follows:

DEPARTMENT OF STATE,

Washington, October 18, 1911. Messrs. CHARLES H. BRENT, Hamilton WRIGHT, and H. J. FINGER,

Delegates of the United States to the International Opium Conference. GENTLEMEN: You are informed that you have been appointed delegates pleni- potentiary to represent the United States at the International Opium Conference which is the meet at The Hague on the 1st of December, 1911.

The need of such a conference was suggested by the American delegation to the International Opium Commission at one of the final sittings of that body which met at Shanghai in February, 1909; and although no formal action was taken, the Depart- ment of State, having considered the unanimous conclusions arrived at by the com mission as a whole, and the report of the American delegates thereto, deemed it advisable to issue a proposal to the interested Governments that a conference should meet at The Hague, or elsewhere, composed of one or more delegates of each of the participating powers, and that such delegates should have full powers to give to the main salutary propositions of the commission and the essential corollaries derived therefrom the force of law and international agreement. Therefore, on the 1st day of September. 1909, this Government issued a circular proposal to the Governments concerned, in which it was stated that the United States had learned with satisfaction of the results achieved by the International Opium Commission; that in the opinion of the leaders of the antiopium movement much had been accomplished; and that both the Government and people of the United States recognized that this was largely due to the generous spirit in which the representatives of the Governments concerned approached the subjects submitted to them. It was pointed out that the Govern- ment of the United States appreciated the magnitude of the opium problem and the serious economic interests involved in the production of and trade in the drug; and that a deep impression had been made by the friendly cooperation of the powers financially interested, and by the desire, as expressed by the resolutions of the com- mission, that the opium evil should be eradicated not only from far eastern countries, but also from the home territories and possessions in other parts of the world of the powers therein represented. It was stated that, as the result of the investigation of the opium problem in the United States, it had become apparent, quite apart from the question as it affected the Philippine Islands, that a serious opium evil obtained in the United States itself; that this was primarily due to the large Chinese population in the country, to the intimate commercial intercourse with the Orient, and to the unrestricted importation of opium and manufacture of morphia.

Thus it was observed that the interest of the United States in the opium problem is material as well as humanitarian, and that, as the result of the investigations made before the meeting of the International Opium Commission, the Congress enacted legislation which aimed to prevent the importation of opium into the United States except for medicinal purposes. But it was noted that the United States is not an opium-producing country, and that in order to make its present and proposed laws fully effective and so stamp out the national opium and allied evils. there should be control of opium and other habit-forming drugs shipped to this country: and there- fore that, to attain this end, it would be necessary to secure international cooperation and the sympathy of opium-producing countries.

Continuing, the proposal stated that this Government, impressed by the gravity of the opium and allied problems and the desirability of divesting them of local and unwise agitation, as well as by the necessity of maintaining the entire question upon the basis of fact, as determined by the Shanghai commission, suggested the following tentative program:

(There then follows the items from (a) to (n) of the circular proposal of Sept. 1, 1909.}

It was made plain, however, that the United States had no desire to prescribe the scope of the conference or to present a program which might not be varied nor enlarged; but that the tentative program was submitted in the belief that it might serve as a basis at least for preliminary discussion, and a formal expression of opinion was invited on the topics outlined, and an enumeration requested of the other aspects of the opium problem which might seem of peculiar importance to any participating nation.

This circular proposal was made to those Governments which were represented in the International Opium Commission and to the Turkish Government, which,

THE OPIUM EVIL.

although invited to participate in the International Opium Commission, failed to do so because it had no diplomatic representative in the Far East.

The proposal for an international opium conference has been accepted by all the Governments to which it was made, except those of Austria-Hungary and the Ottoman Empire.

The Government of the Netherlands very courteously suggested that the conference meet at The Hague. This has proved to be agreeable to all of the powers; and the question of the date of the conference having been left to the Netherlands Govern- ment, that Government has finally found that December 1 next is acceptable, and invitations naming that date have been accordingly issued to the assenting Gov-

ernments.

With regard to the tentative program laid down in this Government's circular proposal, the following reservations, additional proposals. and suggestions have been made by certain of the participating powers:

The French Government, making no objection to items (b). (c), (d), (e), (f), (j), and k), has remarked as to items (a), (g), (i), (l), (m), and (n) of the tentative program that item (a) demands the adoption of uniform national laws and regulations to control the production, manufacture, and distribution of opium, its derivatives and prepa- rations, and expresses the view that they do not believe that it is desirable that this question should be brought up. In regard to this item it has been explained to the French and British Governments that a mistake was made by this Government in using the words "uniform national laws"; that they should have been "effective national laws"; that item (g) proposes the application of the pharmacy laws of the Governments concerned to their subjects in the consular districts. concessions, and settlements in China, and expresses the view that at present it would seem to be impos- sible to accomplish this purpose, as it would tend to place in the hands of the Chinese or nationals of countries not signatories to a convention the exercise of the profession of pharmacy in the concessions; that item (7) as to the establishment of uniform pro- visions of penal laws concerning offenses against any agreement that the powers may make in regard to opium production would mean a modification of French penal laws. and that this is such a grave question that the Government of the Republic is not pre- pared to bring it up in the French Parliament. As to items (7) and (n), which raise the question of the right of search, and about which public opinion in France has always shown itself particularly susceptible, the French Government would not renounce its principles in this matter to prevent contraband opium. The French Government also reserves its opinion in regard to item (n), which involves the question of an inter- national commission to supervise any international agreement concluded by the con- ference. Within the limits thus indicated the French Government has declared its readiness to study proper measures to bring about the gradual suppression of the unnecessary production and misuse of opinni.

The German Government, agreeing to the general principles of the tentative pro- gram, in particular consented that the morphine and cocaine questions be made the subject matter of deliberations at the conference.

The British Government, after pointing out that the illicit traffic in morphine and cocaine in India, China, and other far eastern countries is becoming more grievous and deadly than opium smoking, and that such an evil is certain to increase as the restrictions which are now being placed in India and China on the production and use of opium become more stringent, suggested that the powers participating in the conference should definitely consider beforehand the question whether they would be prepared to make a statistical study of the manufacture and trade in morphine and cocaine and agree to impose severe restrictions on such manufacture of and trade in the drugs in their respective territories. Further, the British Government has stated that they take exception to those items of the tentative program numbered (h), (1), (m), and (n), and that they will not be prepared to discuss in the conference: First. The arrangement made between His Majesty's Government and China respect- ing the progressive restriction of opium imports and of opium production in China (i. e.,

the so-called 10-year agreement). Second. Other existing treaties between the two countries. It may be stated that all of the participating Governments have accepted the proposals of the British Government in regard to morphine and cocaine, The Chinese Government has suggested in regard to item (a) of the tentative program that, in drawing up laws and regulations, there should be no interference with the sovereign rights of any nation; that in regard to item (i) that offenses against any agreement that the powers might make should be punished by each country according to its own penal laws; that in regard to item (7) that the right of search of vessels should be restricted by the Governments concerned to vessels found within their own terri- torial waters; and in regard to item (n) that there would be no need of an international commission to supervise any agreement reached by the conference and assented to by the interested Governments.