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practicability and that the discussion of these articles would
probably provoke divergency rather than unanimity of view。 The
secretary goes on to say that 〃it is doubtful if wars will be
diminished by rendering them less destructive; for it is the
plain lesson of history that the periods of peace have been
longer protracted as the cost and destructiveness of war have
increased。 The expediency of restraining the inventive genius of
our people in the direction of devising means of defense is by no
means clear; and; considering the temptations to which men and
nations may be exposed in a time of conflict; it is doubtful if
an international agreement of this nature would prove effective。〃
As to the fifth; sixth; and seventh articles; aiming; in the
interest of humanity; to succor those who by the chance of battle
have been rendered helpless; to alleviate their sufferings; and
to insure the safety of those whose mission is purely one of
peace and beneficence; we are instructed that any practicable
proposals should receive our earnest support。
On the eighth article; which proposes the wider extension of
〃good offices; mediation; and arbitration;〃 the secretary dwells
with much force; and finally says: 〃The proposal of the
conference promises to offer an opportunity thus far unequaled in
the history of the world for initiating a series of negotiations
that may lead to important practical results。〃 The delegation is
therefore enjoined to propose; at an opportune moment; a plan for
an International Tribunal of Arbitration which is annexed to the
instructions; and to use their influence in the conference to
procure the adoption of its substance。
And; finally; we are instructed to propose to the conference the
principle of extending to strictly private property at sea the
immunity from destruction or capture by belligerent powers
analogous to that which such property already enjoys on land; and
to endeavor to have this principle incorporated in the permanent
law of civilized nations。 A well…drawn historical resume of the
relations of the United States to the question of arbitration
thus far is added; and a historical summary of the action of the
United States; hitherto; regarding the exemption of private
property at sea from seizure during war。
The document of most immediate importance is the plan furnished
us for international arbitration。 Its main features are as
follows:
First; a tribunal 〃composed of judges chosen; on account of their
personal integrity and learning in international law; by a
majority of the members of the highest court now existing in each
of the adhering states; one from each sovereign state
participating in the treaty; who shall hold office until their
successors are appointed by the same body。〃
Secondly; the tribunal to meet for organization not later than
six months after the treaty shall have been ratified by nine
powers; to organize itself as a permanent court; with such
officers as may be found necessary; and to fix its own place of
session and rules of procedure。
The third article provides that 〃the contracting nations will
mutually agree to submit to the international tribunal all
questions of disagreement between them; excepting such as may
relate to or involve their political independence or territorial
integrity。〃
The fifth article runs as follows: 〃A bench of judges for each
particular case shall consist of not fewer than three nor more
than seven; as may be deemed expedient; appointed by the
unanimous consent of the tribunal; and shall not include any
member who is either a native; subject; or citizen of the state
whose interests are in litigation in the case。〃
The sixth article provides that the general expenses of the
tribunal be divided equally among the adherent powers; but that
those arising from each particular case be provided for as may be
directed by the tribunal; also that non…adherent states may bring
their cases before it; on condition of the mutual agreement that
the state against which judgment shall be found shall pay; in
addition to the judgment; the expenses of the adjudication。
The seventh article makes provision for an appeal; within three
months after the notification of the decision; upon presentation
of evidence that the judgment contains a substantial error of
fact or law。
The eighth and final article provides that the treaty shall
become operative when nine sovereign states; whereof at least six
shall have taken part in the conference of The Hague; shall have
ratified its provisions。
It turns out that ours is the only delegation which has anything
like a full and carefully adjusted plan for a court of
arbitration。 The English delegation; though evidently exceedingly
desirous that a system of arbitration be adopted; has come
without anything definitely drawn。 The Russians have a scheme;
but; so far as can be learned; there is no provision in it for a
permanent court。
In the evening there was a general assemblage of the members of
the conference at a reception given by Jonkheer van Karnebeek;
formerly Dutch minister of foreign affairs; and now first
delegate from the Netherlands to the conference。 It was very
brilliant; and I made many interesting acquaintances; but;
probably; since the world began; never has so large a body come
together in a spirit of more hopeless skepticism as to any good
result。 Though no one gives loud utterance to this feeling; it is
none the less deep。 Of course; among all these delegates
acquainted with public men and measures in Europe; there is
considerable distrust of the intentions of Russia; and;
naturally; the weakness of the Russian Emperor is well
understood; though all are reticent regarding it。 The only open
utterances are those attributed to one or two of the older
European diplomatists; who lament being sent on an errand which
they fear is to be fruitless。 One of these is said to have
bewailed this mission as a sad ending to his public services; and
to have declared that as he had led a long life of devotion to
his country and to its sovereign; his family might well look upon
his career as honorable; but that now he is probably doomed to
crown it with an open failure。
May 18。
At two o'clock in the afternoon the conference held its open
session at the 〃House in the Wood。〃 The building is most
interesting; presenting as it does the art and general ideas of
two hundred and fifty years ago; it is full of historical
associations; and the groves and gardens about it are delightful。
The walls and dome of the great central hall are covered with
immense paintings in the style of Rubens; mainly by his pupils;
and; of these; one over the front entrance represents Peace
descending from heaven; bearing various symbols and; apparently;
entering the hall。 To this M。 de Beaufort; our honorary
president; the Netherlands minister of foreign affairs; made a
graceful allusion in his opening speech; expressing the hope that
Peace; having entered the hall; would go forth bearing blessings
to the world。 Another representation; which covers one immense
wall; is a glorification of various princes of Orange: it is in
full front of me; as I sit; the Peace fresco being visible at my
left; and a lovely view of the gardens; and of the water beyond;
through the windows at my right。
The 〃House in the Wood〃 was built early in the seventeenth
century by a princess of the house of Orange; the grandmother of
William III of England。 The central hall under the dome; above
referred to; is now filled up with seats and desks; covered with
green cloth; very neat and practical; and mainly arranged like
those in an English college chapel。 Good fortune has given me one
of the two best seats in the house; it being directly in front of
the secretaries; who are arranged in a semicircle just below the
desk of the president; at my left are the other members of our
delegation; and facing me; across the central aisle; is Count
Munster; at the head of the German delegation。 This piece of good
luck comes from the fact that we are seated in the alphabetical
order of our countries; beginning with Allemagne; continuing with
Amerique; and so on down the alphabet。
The other large rooms on the main floor are exceedingly ha