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"On September 24 these resolutions were presented to the President by a numerous deputation of the Inter-Parliamentary Union. The President accepted the charge offered to him, feeling it to be most appropriate that the Executive of the nation which had welcomed the Conference to its hospitality should give voice to its impressive utterances in a cause which the American Government and people held dear. He announced that he would at an early day invite the other nations, parties to The Hague Convention, to reassemble with a view to pushing forward toward completion the work already begun at The Hague by considering the questions which the first Conference had left unsettled with the express provision that there should be a second Conference.

"In accepting this trust the President was not unmindful of the fact, so vividly brought home to all the world, that a great war is now in progress. He recalled the circumstance that at the time when, on August 24, 1898, His Majesty the Emperor of Russia sent forth his invitation to the nations to meet in the interests of peace the United States and Spain had merely halted, in their struggle, to devise terms of peace. While at the present moment no armistice between the parties now contending is in sight, the fact of an exist ing war is no reason why the nations should relax the efforts they have so successfully made hitherto toward the adoption of rules of conduct which may make more remote the chances of future wars between them. In 1899 the Conference of The Hague dealt solely with the larger general problems which confront all nations, and assumed no function of intervention or suggestion in the settlement of the terms of peace between the United States and Spain. It might be the same with a reassembled Conference at the present time. Its efforts would naturally lie in the direction of further codification of the universal ideas of right and justice which we call international law; its mission would be to give them future effect. . .

"It is only by comparison of views that a general accord can be reached as to the matters to be considered by the new Conference. It is desirable that in the formulation of a programme the distinction should be kept clear between the matters which belong to the province of international law and those which are conventional between individual Governments. The final act of The Hague Conference, dated July 29, 1899, kept this distinction clearly in sight. Among the broader general questions affecting the right and justice of the relation of sovereign States which were then relegated to a future Conference, were the rights and duties of neutrals, the inviolability of private property in naval warfare, and the bombardment of ports, towns, and villages by a naval force. The other matters mentioned in the final Act take the form of suggestions for consideration by interested Governments.

"The three points mentioned cover a large field. The first, especially, touching the rights and duties of neutrals, is of universal importance. Its rightful disposition affects the interests and well-being of all the world. The neutral is something more than an onlooker. His acts of omission or commission may have an influence-indirect, but tangible-on a war actually in progress; whilst, on the other hand, he may suffer from the exigencies of the belligerents. It is this phase of warfare which deeply concerns the world at large. Efforts have been made, time and again, to formulate rules of action applicable to its more material aspects, as in the Declarations of Paris. As recently as April 28, the Congress of the United States adopted a resolution reading thus:

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that it is the sense of the Congress of the United States that it is desirable, in the interest of uniformity of action by the maritime States of the world in time of war, that the President endeavour to bring about an understanding among the principal maritime Powers with a view of incorporating into the permanent law of civilised nations the principle of the exemption of all private property at sea, not contraband of war, from capture or destruction by belligerents. Approved April 28, 1904.'

"Other matters closely affecting the rights of neutrals are the distinction to be made between absolute and conditional contraband of war, and the inviolability of the official and private correspondence of neutrals. As for the duties of neutrals towards the belligerent, the field is scarcely less broad. One aspect deserves mention, from the prominence it has acquired during recent times—namely, the treatment due to refugee belligerent ships in neutral

forts. It may also be desirable to consider and adopt a procedure by which States non- signatory to the original Act of The Hague Conference may become adhering parties.

"You will explain to his Excellency the Minister for Foreign Affairs that the present overture for a second Conference to complete the postponed work of the first Conference is not designed to supersede other calls for the consideration of special topics, such as the proposition of the Government of the Netherlands, recently issued, to assemble for the purpose of amending the provisions of the existing Hague Convention with respect to hospital ships.1 Like all tentative Conventions, that one is open to change in the light of practical experience, and the fullest deliberation is desirable to that end.

"Finally, you will state the President's desire and hope that the undying memories which cling around The Hague as the cradle of the beneficent work which had its beginning in 1899, may be strengthened by holding the second peace Conference in that historic city.

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President Roosevelt, in his message to Congress of December 5, 1905, returned to the subject. As regards the arrest of the growth of armaments and the diminution of military and naval expenditure, he denounced the "demagogues of peace" "who advocate peace at any price." He hoped "the Conference may be able to devise some way to make arbitration the customary way of settling disputes in all save a few classes of cases which should themselves be as sharply defined and rigidly limited as the present governmental and social development of the world will permit." "Neutral rights and property should be protected at sea as they are protected on land." There should be an "agreement defining contraband of war." The creation of something like an organisation of the civilised nations" should be aimed at. "As the world becomes more highly organised, the need for armies and navies will diminish," but "disarmament can never be of prime importance," there being "more need to get rid of the causes of war than of the implements of war."

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On the 21st of December 1905 the British Prime Minister, Sir H. Campbell-Bannerman, in his Albert Hall speech, following more or less on the same lines, defined the Liberal policy towards peace in the following terms:

“I rejoice that . . . the principle of arbitration has made great strides, and that to-day it is no longer counted weakness for any of the Great Powers of the world to submit those issues which would once have been referred to the arbitrament of self-assertion and of passion to a higher tribunal. . . . I hold that the growth of armaments is a great danger to the peace of the world. A policy of huge armaments keeps alive and stimulates and feeds the belief that force is the best, if not the only, solution of international differences. It is a policy which tends to inflame old sores and to create new

1 See p. 198, and text of new Convention, p. 257.

sores. And I submit to you that as the principle of peaceful arbitration
gains ground, it becomes one of the highest tasks of a statesman to adjust
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those armaments to the newer and happier condition of things.
nobler rôle could this great country assume than at the fitting moment to
place itself at the head of a league of peace, through whose instrumentality
this great work would be effected?"-(Times, December 22, 1905.)

In March-April 1906 the Emperor of Russia issued an official invitation to hold the second Conference in July 1906. Representations from the United States and elsewhere led to the The chief passages postponement of the Conference till 1907.

of the letter of invitation were as follows:

"In taking the initiative in convoking a second Peace Conference, the Imperial Government has had in view the necessity of giving a fresh development to the humanitarian principles which served as a basis for the work of the great international meeting of 1899.

"It believed at the same time that it would be opportune to increase, as far as possible, the number of States participating in the work of the projected Conference; and the enthusiasm with which this appeal has been met testifies to the depth and universality of the sentiment of solidarity which makes for the application of ideas having as their object the good of humanity as a whole.

"The first Conference separated with the conviction that its work should be completed subsequently through the regular progress of enlightenment among peoples and in accordance with the dictates of experience. Its most important creation, the International Court of Arbitration, is an institution which has already been put to the test, and has brought together in an Areopagus for the benefit of humanity, jurists who enjoy universal respect. It is also evident how beneficent International Commissions of Inquiry have been in the solution of difficulties between States.

"None the less, there is still a need of improvement in the Convention As a result of concerning the Pacific Regulation of International Disputes. recent arbitrations, the jurists sitting as an International Court have raised certain questions of detail which must be decided so as to give the said Convention its necessary development. It has seemed especially desirable that fixed principles should be laid down regarding the languages1 to be used in the procedure of the Court, in view of the difficulties which might arise in the future, as the number of applications to the Court of Arbitration increased. There is also need of certain improvements in the working of the International Commissions of Inquiry.

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Touching the regulation of the Laws and Practices of Land Warfare, the arrangements made by the first Conference need no less to be completed and defined in such a way as to prevent any misunderstanding.

As regards Naval Warfare, of which the laws and usages differ in certain points in different countries, it is necessary to establish fixed regulations in harmony with the requirements of the rights of belligerents and the interests of neutrals.

"An agreement touching these matters should be drawn up, and would form one of the most notable parts of the work of the coming Conference.

"The Imperial Government, believing that it is necessary only to examine questions which press with particular urgency inasmuch as they arise from the experience of recent years, and without touching on those which belong to the limitation of Military and Naval Forces, proposes therefore as programme for the Conference the following principal points:

"1. Improvements to be made in the regulations of the Convention touching the pacific settlement of international disputes regarding both the Court of Arbitration and the International Commissions of Inquiry.

"2. Additions to be made in the regulations of the Convention of 1899 touching the Laws and Practices of Land Warfare, among others the opening Declarations of 1899, one of hostilities, the rights of neutrals on land, etc.

among them being renewable-the question of its renewal.

3. Elaboration of a Convention touching the Laws and Practices of Naval Warfare concerning

1 See pp. 21, 27-28.

"The special operations of naval warfare, such as the bombardment of ports, towns, and villages by a naval force, the laying of mines, etc.

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'The transformation of commercial vessels into warships.

"The private property of belligerents at sea.

"The delay to be accorded to commercial vessels in leaving neutral ports or those of the enemy after the outbreak of hostilities.

"The rights and duties of neutrals at sea, among other questions that of contraband, the treatment to which the ships of belligerents should be subjected in neutral ports, destruction by force majeure of neutral ships of commerce as prizes.

"In the said Convention should be introduced arrangements relative to land warfare, which should be equally applicable to naval warfare.

"Additions to be made in the Convention of 1899 for the adaptation to naval warfare of the principles of the Geneva Convention of 1864.

"As at the Conference of 1899, it should be understood that the deliberations of the proposed Conference shall deal neither with the political relations among States, nor with the order of things established by treaties, nor with any general interests which were not directly included in the programme adopted by the Cabinets.

"The Imperial Government desires to emphasise that the issue of this programme, and its eventual acceptance by the various States, must not be held to prejudice any opinion which might be formulated in the Conference regarding the solutions to be given to the questions submitted for discussion. Equally, it should belong to the projected Conference to determine the order of questions for discussion and the form to be given to its decisions, according as it may be considered preferable to include certain of them in new conventions, or to add them as supplements to existing conventions.

"In formulating the above programme the Imperial Government has taken into account, as far as possible, the desires expressed by the first Peace Conference, notably in regard to the rights and duties of neutrals, private property of belligerents at sea, the bombardment of ports, towns, etc. It expresses the hope that the Government will see in the points proposed, taken as a whole, an expression of the desire to approach that lofty ideal of International Justice which is the constant goal of the entire civilised world."1

The chief cause of adjournment of the Conference was the meeting of the Pan-American Congress at Rio-de-Janeiro fixed already for the month of July,-a Congress with which most of the North and South-American experts available for The Hague Conference would be occupied. It was decided at this Congress to add to the questions for discussion at The Hague Conference that of the enforcing by arms of commercial and financial obligations.2

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1 The following is, according to the Vienna Neue Freie Presse, the text of the circular despatch addressed on April 3rd, 1907, by M. Isvolsky, Russian Minister of Foreign Affairs, to the Russian representatives abroad :

"Before the summoning of the second Peace Conference, the Imperial Government considers it its duty to lay the present situation before the Powers who have accepted its invitation. All the Powers to whom the Imperial Government, in April 1906, communicated its outline of the programme for the labours of the new Conference have assented to it. The following observations, however, have been made with reference to this programme :"The Government of the United States has reserved the right to submit to the second Conference two supplementary questions, one relating to the reduction or limitation of armies, and the other relating to the securing of an obligation to observe certain limitations in the employment of force for the collection of ordinary public debts arising out of treaties. "The Spanish Government has expressed the wish to discuss the question of the limita tion of armaments, and has reserved to itself the right to treat this question at the next Hague meeting.

"The British Government has communicated the fact that it attaches great importance to the discussion at the Conference of the question of expenditure upon armaments, and it has reserved the right to raise this question. It has also reserved the right to abstain from participating in the discussion of any articles in the Russian programme which, in its opinion, would not lead to useful results.

"Japan is of the opinion that certain questions, not specially enumerated in the programme, might advantageously be taken up among the matters which are to be examined, and has reserved the right to abstain or to withdraw from any discussion which may take a direction or show a tendency which, in its judgment, would not conduce to a useful result.

"The Governments of Bolivia, Denmark, Greece, and the Netherlands have likewise in general reserved the right to submit to the judgment of the Conference other matters which exhibit an analogy with those expressly adduced in the Russian programme.

"The Imperial Government deems it its duty to declare that Russia, on its part, adheres to the programme of April 1906 as the basis for the deliberations of the Conference, and in turn reserves the right to abstain from any discussion which does not appear to it to tend to a practical result.

"Observations analogous to these last have been made by the Governments of Germany and Austria-Hungary, which likewise have reserved the right to abstain from the discussion of any question which does not appear to them to tend to practical results.

"The Imperial Goverument, while bringing these reservations to the knowledge of the Powers, and expressing the hope that the labours of the second Peace Conference will result in fresh securities for a good understanding among the nations of the civilised world, has at the same time addressed a request to the Government of the Netherland, to summon the Conference for the early part of June."-(Translation given in Herald of Peace, May 1907.)

2 See Chap. XIX.

3 Whether Mr. Alfred Stead's proposed International Pilgrimage of Peace will have any direct effect in obtaining recognition of the articles of faith he suggests it should advocate (Review of Reviews, April, p. 374) or not, such work sets the general public thinking on a subject it can no longer afford to neglect.

subjects for discussion, as it was at the Conference of 1899,1 either by the Russian Government or by President Roosevelt. The British Government, on the contrary, has steadfastly maintained the necessity of keeping this subject in the front. A serious controversy on the advisability of including it in the programme in fact threatened to disturb the harmony of the Governments at the outset, and caused the British Prime Minister to publish a remarkable statement on the subject in the Nation of March 2, 1907, protesting vigorously against the suggestion that the discussion of the subject "would be fraught with danger." 2

1 See p. 123.

2 The text of Sir H. CAMPBELL-BANNERMAN'S statement is as follows:"The disposition shown by certain Powers, of whom Great Britain is one, to raise the question of the limitation of armaments at the approaching Hague Conference, has evoked some objections both at home and abroad, on the ground that such action would be ill-timed, inconvenient, and mischievous. I wish to indicate, as briefly as may be, my reasons for holding these objections to be baseless.

"It should be borne in mind that the original Conference at The Hague was convened for the purpose of raising this very question, and in the hope that the Powers might arrive at an understanding calculated to afford some measure of relief from an excessive and everincreasing burden. The hope was not fulfilled, nor was it to be expected that agreement on so delicate and complex a matter would be reached at the first attempt; but, on the other hand, I have never heard it suggested that the discussion left behind it any injurious consequences. I submit that it is the business of those who are opposed to the renewal of the attempt, to show that some special and essential change of circumstances has arisen, such as to tender unnecessary, inopportune, or positively mischievous, a course adopted with general approbation in 1898.

"Nothing of the kind has, so far as I know, been attempted, and I doubt if it could be undertaken with any hope of success. It was desirable in 1893 to lighten the burden of armaments; but that consummation is not less desirable to-day, when the weight of the burden has been enormously increased. In 1898 it was already perceived that the endless multiplication of the engines of war was futile and self-defeating; and the years that have passed have only served to strengthen and intensify that impression. In regard to the struggle for sea power, it was suspected that no limits could be set to the competition, save by a process of economic exhaustion, since the natural checks imposed on military power by frontiers, and considerations of population, have no counterpart upon the seas; and again, we find that the suspicion has grown to something like a certainty to-day.

"On the other hand, I am aware of no special circumstances which would make the submission of this question to the Conference a matter of international misgiving. It would surprise me to hear it alleged that the interests of the Powers in any respect impose on them a divergence of standpoint so absolute and irreconcilable that the mere discussion of the limitation of armaments would be fraught with danger. Here, again, it seems to me that we do well to fortify ourselves from recent experience. Since the first Hague Conference was held, the points of disagreement between the Powers have become not more, but less acute; they are confined to a far smaller field; the sentiment in favour of peace, so far as can be judged, has become incomparably stronger and more constant; and the idea of arbitration and the peaceful adjustment of international disputes has attained a practical potency, and a moral authority undreamt of in 1998. These are considerations as to which the least that can be said is that they should be allowed their due weight; and in face of them, I suggest that only upon one hypothesis can the submission of this grave matter to the Conference be set down as inadmissible: namely, that guarantees of peace, be they what they may, are to be treated as having no practical bearing on the scale and intensity of warlike preparations.

"That would be a lame and impotent conclusion, calculated to undermine the moral position of the Conference, and to stultify its proceedings in the eye of the world. It would amount to a declaration that the common interest of peace, proclaimed for the first time by the community of nations assembled at The Hague, and carried forward since then by successive stages with a rapidity beyond the dreams of the most sanguine, has been confided to the guardianship of the Admiralties and War Offices of the Powers.

"Let me in conclusion say a word as to the part of Great Britain. We have already given earnest of our sincerity by the considerable reductions that have been effected in our naval and military expenditure, as well as by the undertaking that we are prepared to go further, if we find a similar disposition in other quarters. Our delegates, therefore, will not go into the Conference empty-handed. It has, however, been suggested that our example will count for nothing, because our preponderant naval position will still remain unimpaired. I do not believe it. The sea power of this country implies no challenge to any single State or group of States. I am persuaded that throughout the world that power is recognised as non-aggressive, and innocent of designs against the independence, the commercial freedom, and the legitimate development of other States, and that it is, therefore, mistake to imagine that the naval Powers will be disposed to regard our position on the sea as a bar to any proposal for the arrest of armaments, or to the calling of a temporary true. The truth appears to me to lie in the opposite direction. Our known adhesion to those two dominant principles-the independence of nationalities and the freedom of trade-entitles us of itself to claim that if our fleets be invulnerable, they carry with them no menace across the waters of the world, but a message of the most cordial goodwill, based on a belief in the community of interests between the nations."

(The Prime Minister's suggestions are marked in italics.)

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