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part05+-第70章

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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
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