Conservative.
cargoes wore attempting to enter block
aded ports.
"Our commissioners might well , and
it is presumed they did , - at
tention to the arbitrations entered into
by their homo country at every period
of its history. Sixty-five treaties of
arbitration successfully and in dignified
and honorable fashion carried to a re
sult avoiding war ; many of them with
powers on the American continent , but
among them seventeen with Great
Britain , seven with Spain , three with
Franco nnd three with Portugal. In
volving questions of magnitude usually
settled by resort to arms : with England
the St. Croix river , the Lake of the
Woods , the river St. Lawrence , the bay
of Fuudy boundary questions ; losses to
subjects for vessels and slaves captured
and property destroyed ; the Alabama
claims ; the Northeastern and Bering
Sea Fisheries contentions.
"Were an object lesson close at hand
needed , they could point to Paris , where
now sits an august arbitral tribunal ,
presided over by the celebrated Russian
statesman , Professor Martens , dividing
his time between his duty at Paris and
that at The Hague as a member of the
peace conference , and of which High
Court Chief Justice Fuller and Justice
Brewer , of our own supreme court , and
Lord Russell of Killoweu are members ,
trying the grave question of the Vene
zuela British-Guiana boundary , and
before which Ex-president Benjamin
Harrison and ex-secretary of the navy ,
Benjamin F. Tracy , as leading counsel
for Venezuela , are being heard.
"The labors of the conference at The
Hague are over. The differences that
arose during the two months of deliber
ation have been reconciled. There re
mains now the action of the nations
upon the work that has come from the
suggestion of the Czar. All was not
gained that was desired , but unexpected
and most gratifying success was had
where it was least expected. While
disarmament has not been definitely
agreed to , 'the conference considers that
the limitation of military charges , which
at present oppress the world , is greatly
to be desired for the increase of the
material and moral welfare of mankind. '
' As Ambassador White has well expressed
/ it , 'it is quite natural that arbitration
0 / should be accepted in principle before
disarmament , for which , in fact , it paves
j the way. '
"But the first great step has been
taken. 'The Convention for the Pacific
Settlement of International Conflicts'
has been adopted and the American bar
association can congratulate itself that
it is to very large extent the inter
national code of arbitration prepared by
it and issued to the world. The conven
tion prepared for the signatory powers
agrees to mediation and good offices by
friendly powers. The mediators have
the right to interpose their good offices
at any time , even during the course of
hostilities. Special mediation shall bo
had in the event of serious dispute
threatening peace , by each contending
nation selecting a power , that those two
may use all their efforts to settle the
dispute , and in the event of an effective
rupture of pacific relations that these
powers may take advantage of every
opportunity of restoring peace.
"Where there are divergences of
opinion regarding local circumstances ,
which cannot be settled by diplomacy ,
the parties may have recourse to the
'Institution of International Commis
sions of Inquiry , ' the members of which
are to be selected by the disagreeing pow
ers. The report of this commission leaves
the contestants to an amicable arrange
ment or to have recourse to arbitration.
"The convention then provides for
international arbitration which it de
clares to be the 'most efficacious and at
the same time the most equitable means
of settling disputes. ' The signatory
powers agree to organize a permanent
court of arbitration , accessible at all
times and working under a code of pro
cedure which is inserted in the conven
tion. An international bureau is estab
lished at The Hague under the direction
of a permanent secretary general. Each
power shall appoint not more than four
persons of recognized competence in
international law. These persons thus
nominated will be entered as members
of the court and are appointed for six
years. From these members the powers
having disputes may select the arbitra
tors in such number as they may agree
upon. A permanent council of the
diplomatic representatives at The Hague
will be charged with the establishment
of the international bureau.
"The convention then provides the
rules of procedure. This code consists
of many articles and did time permit it
would be interesting to review them.
Suffice it to say that they are admirably
adapted to the great work to be per
formed.
"The criticism will be made , by those
who are impatient and would rush to
results with a precipitation , that would
delay if not defeat the desirable ulti
mate , that this submission to an arbitral
tribunal and obedience to its rulings is
optional and not compulsory. There
need be no fear on this account. With
this great court established woe betide
the state that would not , in cases not
affecting its political integrity or its
autonomy , appeal to it and abide the
result. Public opinion , in this day of
telegraphic swiftness , that binds the
nations of the world together , making
them , with the easy means of communi
cation and supply interdependent upon
each other and practically one great
social system , where the disturbance of
one is the confusion of all , is a mighty
power. It lies back of kings and em
perors and will bring irresistible pressure
to bear upon governments not to fight
when they can save treasure wrung from
their people and the shedding of blood
by their sons , by recourse to a fair , deliberate -
liberate and disinterested court of their
own choosing.
"Article 27 of the arbitration conven
tion provides : 'The signatory powers
consider it their duty , in the event of an
acute conflict threatening to break out
between two or more of them , to re
mind these latter that the permanent
court is open to them. ' It then provides
that such reminder 'and the advice
tendered in the superior interests of
peace to apply to the permanent court ,
can only be considered as an offer of ;
good offices. ' The American delegates ,
from what would seem to bo an overabundance - '
abundance of caution , took exceptions
to this article and insisted that the lan
guage be so modified that the United v
States may in no case bo obliged to >
interfere in European affairs , or Europe '
in American disputes. Presumably this
was because of the actual or supposed
rights belonging to this republic and to
the western continent under the Monroe
doctrine. It is understood at our state
department that in signing the protocol
our representatives succeeded in reserv
ing our rights in this behalf.
"In the matter of humanizing warfare
but little was done except in the way of
suggestions for future conferences. The
throwing of explosives from balloons
seems to have received interdiction ,
and the provisions of the Geneva con
ference were recommended for adaption
to naval warfare. The inhibition of new
firearms and explosives , of submarine
torpedo boats , plungers and rams upon
war vessels hereafter constructed , like
the non-increase of war budgets , re
duction of effectives in armies and navies
and the inviolability of private property
on the high seas , which latter our repre
sentatives had near at heart , received no
action at the hands of the conference ,
except the recommendation that all re
ceive consideration in the future ;
although each and every proposition
had strong and able advocacy. The
United States and Great Britain declined
to accept the prohibition of asphyxiating
projectiles or expanding bullets.
"With a permanent court of arbitra
tion , even one to be optionally used ,
established by the action of the powers ,
these failures to act favorably are of but
little account. In fact the more terrible
and destructive warfare is made the less
likely is its precipitation. M. Jules
Simon in 1894 writes : 'it is horrible to
think that one is journeying every day
towards the universal war which will be
the cataclysm of history , ' and Lord
Salisbury in 1897 , speaking of the ever-
increasing competition of European
nations in armaments , said this compe
tition might end 'in a terrible effort of
mutual destruction , fatal to Christian
civilization. ' All recognize it , the lead
ers and the led and those who hold the
power to declare the conflict of arms ,
viewing its horrible enginery , with its