WRIGHT— POWER TO MEET RESPONSIBILITIES. 281 



tory." ^^ Sometimes treaties state the degree of diligence which the 

 government must exercise to achieve a given result leaving it dis- 

 cretion in determining the method to be used. Thus article III of 

 the Chinese treaty of 1880 affirmed by article IV of the treaty of 

 1894 requires the United States to " exert all its powers to devise 

 measures for the protection (of resident Chinese) and to secure to 

 them the same rights, privileges, immunities and exemptions as may 

 be enjoyed by the citizens or subjects of the most favored nation 

 and to which they are entitled by treaty." ^'^ Finally, treaties some- 

 times merely require that the government endeavor to have legis- 

 lation passed. Thus by article 2"/ of the Geneva convention of 1906:'^'^ 



" The signatory powers whose legislation may not now be adequate engage 

 to take or recommend to their legislatures such measures as may be necessary 

 to prevent the use, by private persons or by societies other than those upon 

 which this convention confers the right thereto, of the emblem or name of 

 the Red Cross or Geneva Cross, particularly for commercial purposes by 

 means of trademarks or commercial labels. The prohibition of the use of 

 the emblem or name in question shall take effect from the time set in each 

 act of legislation, and at the latest five years after this convention goes into 

 effect. After such going into effect, it shall be unlawful to use a trademark 

 or commercial label contrary to such prohibition." 



This has been the usual form in general international conventions. 

 Although the obligation of Congress to act is doubtless greater 

 under treaties of the first form than the last, it would appear that 

 the difference is wholly one of degree. Under any of the three 

 forms, the United States will be responsible if it fails to exert the 

 diligence required by the treaty, and in none of them is criminal 

 prosecution possible in the United States without enabling legislation. 



^5 See also Submarine Cable Convention, 1884, art. II. 



^^ See also XIII Hague Convention, 1907, sees. 8, 25. 



6^ See also African Slave Trade Convention, 1890, art. xii, and Treaty of 

 Peace with Great Britain, 1783, art. V. President Cleveland recommended 

 legislation prohibiting the sale of arms in central Africa as required by the 

 former, in his message of December 4, 1893, but Congress has not acted. 

 (Moore, Digest, 2: 471.) 



