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ment of which one clause permitted the adoption of defensive measures, while another prohibited the erection of fortifications. It is most important that no doubt should exist as to the intention of the contracting parties. As to this, I understand that by the omission of all reference to the matter of defense the United States Government desire to reserve the power of taking measures to protect the canal, at any time when the United States may be at war, from destruction or damage at the hands. of an enemy or enemies. On the other hand, I conclude that, with the above exception, there is no intention to derogate from the principles of neutrality laid down by the rules. As to the first of these propositions I am not prepared to deny that contingencies may arise when, not only from a national point of view, but on behalf of the commercial interests of the whole world, it might be of supreme importance to the United States that they should be free to adopt measures for the defense of the canal at a moment when they were themselves engaged in hostilities.
It is also to be borne in mind that, owing to the omission of the words under which this country became jointly bound to defend the neutrality cf the canal, and the abrogation of the Clayton-Bulwer treaty, the obligations of Great Britain would be materially diminished.
This is a most important consideration. In my despatch of the 22d February I dwelt upon the strong objection entertained by His Majesty's Government to any agreement under which, while the United States would have a treaty right to interfere with the canal in time of war, or apprehended war, Great Britain alone, in spite of her vast possessions on the American continent and the extent of her interests in the East, would be absolutely precluded from resorting to any such action, or from taking measures to secure her interests in and near the canal. The same exception could not be taken to an arrangement under which, supposing that the United States, as the power owning the canal and responsible for the maintenance of its neutrality, should find it necessary to interfere temporarily with its free use by the shipping of another power, that power would thereupon at once and ipso facto become liberated from the necessity of observing the rules laid down in the new treaty.
8. The difficulty raised by the absence of any provision for the adherence of other powers still remains. While indifferent as to the form in which the point is met, I must emphatically renew the objections of His Majesty's Government to being bound by stringent rules of neutral conduct not equally binding upon other powers. I would therefore suggest the insertion in rule 1, after "all nations," of the words "which
shall agree to observe these rules." This addition will impose upon other powers the same self-denying ordinance as Great Britain is desired to accept, and will furnish an additional security for the neutrality of the canal, which it will be the duty of the United States to maintain.
As matters of minor importance, I suggest the renewal of one of the stipulations of Article VIII of the Clayton-Bulwer convention by adding to rule 1 the words "such conditions and charges shall be just and equitable," and the adoption of "treaty" in lieu of "convention" to designate the international agreement which the high contracting parties may conclude.
Mr. Hay's draft, with the proposed amendments shown in italics, is annexed.*
AUGUST 3, 1901.
PONTIFICAL BRIEF ON INTERNATIONAL PEACE,
TO OUR VENERABLE BROTHER,
DIOMEDES, TITULAR ARCHBISHOP OF LARISSA, APOSTOLIC DELEGATE TO THE UNITED STATES OF AMERICA.
Venerable Brother, Health and Apostolic Benediction.
We are happy to learn from you that in the United States of America under the leadership of men enjoying the highest authority with the people the more judicious members of the community are fervently desirous of maintaining the advantages of international peace.
To compose differences, to restrain the outbreak of hostilities, to prevent the dangers of war, to remove even the anxieties of so-called armed peace, is, indeed, most praiseworthy and any effort in this cause even although it may not immediately or wholly accomplish its purpose, manifests, nevertheless, a zeal which can not but redound to the credit of its authors and be of benefit to the state. This is especially true at the
present day when vast armies, instrumentalities most destructive to human life, and the advanced state of military science portend wars which must be a source of fear even to the most powerful rulers.
Wherefore, We most heartily commend the work already begun which should be approved by all good men and especially by us holding, as We do, the Supreme Pontificate of the Church, and representing Him who is both the God and the Prince of Peace; and We most gladly lend the weight of Our authority to those who are striving to realize this most beneficent purpose. For We do not doubt that the same distinguished men who possess so much ability and such wisdom in affairs of state will construct in behalf of a struggling age a royal road for the nations leading to peace and conciliation in accordance with the laws of justice and charity, which should be sacredly observed by all. For, inasmuch as peace consists in order who will vainly think that it can be established unless he strives wth all the force within him that due respect be everywhere given to those virtues which are the principles of order and its firmest foundation.
As for the remaining aspects of the matter, We recall to mind the example of so many of Our illustrious Predecessors who, when the condition of the times permitted, rendered, in this very matter also, the most signal service to the cause of humanity and to the stability of Governments; but since the present age allows Us to aid in this cause only by pious prayers to God, We, therefore, most earnestly pray God who knows the hearts of men and inclines them as He wills, that He may be gracious to those who are furthering peace amongst the peoples and may grant to the nations which with united purpose are laboring to this end that the destruction of war and its disasters being averted, they may at length find repose in the beauty of peace.
As a pledge of divine favor and a proof of Our benevolence, We most lovingly grant you, Venerable Brother, the Apostolic Benediction.
Given at Rome at St. Peter's the eleventh day of June 1911 and the eighth year of Our pontificate.
DIOMEDI ARCHIEPISCOPO TIT. LARISSENSIUM, DELEGÁTO APOSTOLICO IN FOEDERATIS AMERICAE CIVITATIBUS, WASHINGTONIAM,
PIUS PP. X.
Venerabilis Frater Salutem et Apostolicam Benedictionem.
Libenter abs te accepimus, auspice virorum coetu quorum summa est ad populam auctoritas, fervere in Foederatis Americae Civitatibus prudentiorum studia ad pacis commoda gentibus tuenda. Videlicet animos coniungere, hostiles continere impetus, prohibere belli pericula et ipsas amovere pacis uti aiunt armatae sollicitudines, coeptum est nobilissimum : et quid quid in hanc causam confertur operae, et si non eo proxime vel plene contingat quo consilia spectant, conatum tamen praestat qui neque auctoribus vacat laude, neque publicae rei utilitatibus. Idque hoc maxime tempore, quum et magnae copiae, et instrumenta ad internecionem aptissima, et tam longe provecta rei militaris scientia bella portendunt quae vel ipsis sunt principibus potentissimis vehementer pertimescenda. Quare gratulamur ex animo coeptum cum optimo cuique tum Nobis, prae ceteris, probandum qui, adepti summum Ecclesiae Pontificatum vices gerimus Illius qui PACIS et PRINCEPS et DEUS EST et ad illud, saluberrimo consilio, contendentibus Nostrae suffragio auctoritatis adiungimur libentissime. Neque enim dubium est Nobis quin iidem praestantes viri in quibus tanta est ingenii vis prudentiaeque civilis, velint ad pacem laboranti saeculo conciliandam regiam gentibus sternere viam in iustitiae et caritatis legibus sancte ab omnibus servandis. Pacem enim, hoc ipso quod ordine continetur, frustra quis sibi confidit stabiliendam, nisi pro viribus contendat ut iis suus ubique sit honos virtutibus quae ordinis sunt principia ac fundamentum omnium maximum? Ceterum, memoria repetentes exempla tot illustrium Decessorum Nostrorum qui, quando per tempora licuit, hoc etiam ex capite, de gentium humanitate, de firmitate imperiorum tam egregie meruerunt, quandoquidem aliud nihil hac in re praestare aetas sinat quam pias ad Deum preces, Deum, qui corda noscit hominum et ea quocumque vult inclinat, instantissime ad-. precamur ut iis propitius adsit qui pacem populis conciliare student: gentibus vero quae pacem concordi voto expetunt, tribuere benigus velit ut, amotis belli ac descidii calamitatibus, in pulcritudine pacis tandem aliquando conquiescant Auspicem divinorum munerum Nostraeque testem benevolentiae Apostolicam Benedictionem tibi, Venerabilis Frater, peramanter in Domino impertimus.
Datum Romae apud Sanctum Petrum die XI Junii MCMXI Pontificatus Nostri anno octavol. PIUS PP. X.
CONVENTION OF OBLIGATORY ARBITRATION BETWEEN RUSSIA AND SPAIN.
Signed at St. Petersburg August 2/15, 1910; ratifications exchanged November 9/22, 1910.
His Majesty the Emperor of all the Russias and His Majesty the King of Spain, desiring to adjust so far as possible by means of arbitration such differences as might arise between their countries, have decided to conclude a convention for this purpose, and have named as their plenipotentiaries, to wit:
His Majesty the Emperor of all the Russias:
Mr. Serge Sazonow, of the rank of Master of the Imperial Court, His Actual State Councillor, and Director of the Ministry for Foreign Affairs
and His Majesty the King of Spain:
His Excellency Don Cipriano Munoz y Manzano, Count de la Vinaza, His Chamberlain and Ambassador Extraordinary and Plenipotentiary near the Imperial Court of Russia,
Who, having communicated to each other their full powers, found to be in good and due form, have agreed upon the following articles:
ARTICLE I. The high contracting parties engage to submit to the Permanent Court of Arbitration, established at The Hague by the Convention of July 17/29, 1899, such differences as may arise between them in the cases enumerated in Article III, in so far as they do not affect the independence, the honor, the vital interests or the exercise of the sovereignty of the contracting countries, and in case it has not been possible to arrive at a friendly solution by means of direct diplomatic negotiations or by any other means of conciliation.
ARTICLE II. It rests with each of the high contracting parties to determine whether the difference which has occurred involves its vital interests, its honor, its independence or the exercise of its sovereignty, and is therefore of a character to be included among those cases which, in accordance with the preceding article, are exempted from obligatory arbitration.
ARTICLE III. Arbitration between the high contracting parties will be obligatory:
I. In case of disputes concerning the application or interpretation of any convention concluded or to be concluded between the high contracting parties and relating to:
1) Matters of private international law;