FRANK B. KELLOGG - TYPED LETTER SIGNED 10/14/1931 - HFSID 286538
Sale Price $324.00
FRANK B. KELLOGG
Confidential Letter Signed discussing his feelings on the World Court and its involvement in domestic matters of sovereign states.
Typed Letter signed: "Frank B. Kellogg", 2 pages, 8½x11. St Paul, Minnesota, 1931 October 14. On Letterhead of the law firm of Kellogg, Morgan, Chase & Headley to Martin Taylor, c/o Platt, Taylor & Walker, New York City. MarkedConfidential. In Full: "I received your letter of September 30th with the enclosed memorandum written by R. Masujima. I was very much interested in the article, especially as it touches on the development of international law and the World Court. There are some things pertaining to the development of international law, the election of the judges and the jurisdiction of the court in which I am deeply interested and on which I would be glad to comment if I thought it would be wise for a judge of the Court to do so. There is in my opinion a good deal to be gained by improving the system of election of judges and there is in my judgment grave danger that the Court will decide that it has jurisdiction of purely political questions which I think would be fatal to its prestige and influence. In other words, it seems to me the court's jurisdiction should be confined to the decision of legal questions - that is, questions arising under treaties or well settled principles of international law. The court has nothing whatever to do with those domestic questions which are purely within the jurisdiction of a sovereign state. Every question, of course unless it is controlled by a treaty, convention between nations, or some well settled principle of international law, is of necessity a domestic question. I can illustrate this by a question now being discussed between Great Britain and France. Great Britain claims that the French tariffs are too high and is trying to negotiate an agreement for the reduction of those tariffs which will improve the British trade. France refuses. Suppose Great Britain and France were to submit to the World Court the question as to what the French tariff should be. Has the court jurisdiction? I will not take your time in further discussing this subject, however. I do not know that there is any possibility of a change in the system of electing the judges of the World Court. If there were an established international bar association, there might be some means devised looking toward this improvement. However, as I have said, I do not deem it wise for me to comment on the subject. Sincerely yours," Coolidge's Secretary of State from 1925-1929, Frank B. Kellogg (1856-1937) was awarded the 1929 Nobel Peace Prize for negotiating the Kellogg-Briand Peace Pact, an agreement signed in 1928 by 15 nations (later agreed to by 64 others) renouncing "war as an instrument of national policy". Kellogg had previously served as a Republican U.S. Senator from Minnesota (1917-1923) and U.S. Ambassador to Great Britain (1923-1925). From 1930 to 1935, Kellogg was an associate judge on the Permanent Court of International Justice, predecessor of the current International Court of Justice, commonly known as the World Court. The Court rules on questions of international, not national law, and can only address disputes which national governments agree to refer to it. Staple at top left corner. 2 holes at left edge from hole-punch. Multiple pencil notes (unknown hand) on 1st page. One horizontal and two vertical fold creases. Otherwise fine condition.
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