Frederick William Holls.

The peace conference at The Hague, and its bearings on international law and policy online

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THE PEACE CONFERENCE
AT THE HAGUE



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UNIVERSITY OF CALIFORNIA SAN DIEGO




3 1822 02685 5437



THE PEACE CONFERENCE
AT THE HAGUE



AND ITS BEARINGS ON INTERNATIONAL
LAW AND POLICY



BY



FREDERICK W. HOLES, D.C.L.

A MEMBER OF THE CONFERENCE FROM THE UNITED STATES
OF AMERICA



Justitia elevat gentem



Ncfa gork
THE MACiMILLAN COMPANY

LONDON: MACMILLAN & CO., Ltd.
1900

All rights reserved



Copyright, 1900,
By the MACMILLAN COMPANY.



TfotinoolJ ?3re8B

J. S. Cu8hing & Co. — Berwick & Smith
Norwood Mass. U.S.A.



/



Co '^i& flajcstg
NICHOLAS THE SECOND

EMPEROR OF RUSSIA

THE AUGUST INITIATOR OF THE PEACE CONFERENCE

THIS VOLUME IS, 15Y PERMISSION

fHost J^rspcttfullg Drtt'cateB



PREFACE

The Peace Conference at the Hague in 1809 has
passed into histor}^ From the time of its inception
it has naturally been the object of much discussion,
and of every variety of criticism. Of enthusiastic
welcome it received but little, and even that little
rarely came from leaders of thought or action. Its
lofty aim did not save it from sarcasm, cynicism,
and even condemnation. The good faith of the
originating government was openly challenged or
derided, — at best the idea was patronizingly called
an '' Utopian dream " — "a misprint on the page of
history," according to the gloomy pessimism of a
distinguished historian.

By a singular Ijut well-nigh universal misconcep-
tion of its object, it was at first persistently called
the " Disarmament Conference," and the gradual
abolition of armies and navies, as well as " eternal
peace," was by implication assumed to be its ultimate
object.

Accordingly, theoretical discussions on the abstract
justice or injustice of warfare immediately arose, while
hardly any preparatory work of value regarding the



viii PREFACE

practicable and attainable objects of such a gathering
was done, either by publicists or journalists.

When the Conference opened, speculation was rife
as to whether or not it could last a fortnight with-
out ending in a quarrel, and perhaps precipitating
a general war.

The modest and unostentatious as well as business-
like way in which the Conference organized and
immediately went to work, made the first distinctly
favorable impression, and for a while there seemed
to be ground for hope that continental public opinion
would at least suspend judgment.

This hope was destroyed largely through the un-
fortunate attitude of many important members of the
Conference toward the press. That secrecy, during
the progress of the w^ork of a diplomatic gathering,
was indispensable was readily admitted by the jour-
nalists themselves, some of whom were the most
eminent in their profession, and all of whom were
men of high standing and ability. With their scepti-
cism, however, regarding the ultimate outcome, even
a slight show of an uncompromising, haughty, and
even hostile attitude was sufficient to convince them
of the uselessness of further attention under adverse
circumstances. The fact that '' disarmament " could
not even be discussed was, of course, soon evident ;
and taking this fact as proof of the " failure " of



PRE FA CE ix

the Conference, the press, with a very few notable
exceptions, withdrew its representatives from The
Hague, and contented itself thereafter with sup-
plying its readers with the fragmentary and often
inaccurate snatches of information supplied by irre-
sponsible sources.

In consequence, and also because the official records
of the Conference have only lately been published,
it may be said that hardly upon any recent event
of importance is even the reading public less com-
pletely informed than upon the work actually accom-
plished at the Peace Conference and its practical value.

Under these circumstances it is hardly surprising
that the events which have taken place, notably in
South Africa and in the Far East, since the adjourn-
ment of the Conference, should have resulted in
deepening the prevalent misconceptions regarding
its results and their importance. Fortunately the
waves of honest disappointment and of ignorant
abuse can no longer rise to a point where the work
itself might be endangered. " The past at least is se-
cure," and neither hopeful nor pessimistic prediction,
but experience alone can now pass final judgment.

The present writer frankly avows his conviction
that the Peace Conference accomplished a great and
glorious result, not only in the humanizing of war-
fare and the codification of the laws of war, but,



X PREFA CE

above all, in the promulgation of the Magna Charta
of International Law, the binding together of the
civilized powers in a federation for Justice, and the
establishment of a permanent International Court
of Arbitration.

He believes that this view will be shared by an
increasing number of thouglitful observers as time
progresses ; and that in consequence, the story of the
Conference and a description of its work, even within
the necessarily restricted limits open to a member,
will not be without interest.

Under these circumstances he has no apology to
offer for the preparation of this volume. The official
records of the Conference have not yet been pub-
lished in the English language, and, when so pub-
lished, they will contain many details, technical or
otherwise, of little general interest. In this Ijook
the aim has been to tell what took place, with suffi-
cient fulness for the student of International Law,
but without making the book too technical for the
general reader, — a most difficult undertaking, and
one in which no author can hope, for more than a
qualified success.

No pains have been spared to secure accuracy, but
no attempt has been made in the commentaries on
the treaties to do more than elucidate the text, or
state the reasons for the adoption of the various



PREFACE xi

provisions. Exhaustive and thorough commentaries
will no doubt soon appear from the pens of scholars
both in Europe and America, and could not enter
into the plan of this volume.

The author has freely used the admirable reports
made to the Conference by the reporters of the
various Committees: Chevalier Descamps, M. Roliu,
Professor Renault, Jonkheer van Karnebeek, Count
Soltyk, M. Asser, and General Den Beer Poortugael,
and it is a pleasure to acknowledge his obligation
to these gentlemen. By the courtesy of the Honor-
able John Hay, Secretary of State, the author was
also permitted to make unrestricted use of the files
of the State Department with reference to the Con-
ference, and the reports of the American Commis-
sion, notably those of its distinguished military and
naval experts, Captain Crozier, of the army, and
Captain Mahan, of the navy, have been freely drawn
upon, especially in the discussion of the work of the
First and Second Committees.

As this book is written primarily for American
and English readers, particular attention has been
paid to the action of the American and British gov-
ernments, and their representatives at the Conference.
It is believed, however, that nothing of importance,
bearing upon the attitude and actions of the other
Powers, has been omitted.



xii PRE FA CE

The translation of the various treaties has been
carefully revised by the author, from the British
Blue Book, and will, it is hoped, be found to be
accurate, while, on the other hand, a free render-
ing of speeclies and debates is given.

In the appendix will be found the complete text
of the Final Act, the Treaties and Declarations of the
Conference, as well as the Reports of the American
Commission. The story of the Peace Conference
would not have been complete without an account
of the Hugo Grotius celebration, on July 4, at Delft.
Accordingly a complete record of the proceedings,
containing the admirable oration of Ambassador
White, and the other addresses given on that oc-
casion, is also included.

The author acknowledges with sincere thanks the
encouragement and valuable suggestions, with refer-
ence to the preparation of the present volume, received
by him from Ambassador White, Lord Pauncef ote, and
the Honorable David Jayne Hill, Assistant Secretary
of State. The same is especially true of his friends,
Albert Shaw and Nicholas Murray Butler, who have
also kindly assisted in reading proofs and revising the
text.

Algonak,

YoNKERS, New York,

October, 1900.



CONTENTS



CHAPTER I



THE CALLING OF THE PEACE -CONFERENCE



Three notable events of 1898

The Spanish-American War

Its revelation of the pov^'er of the United States

Solidarity of feeling and interest between Great Britain and the

United States
The death of Prince Bismarck
Bismarck as a friend of peace
Universal military service
End of the epoch of blood and iron
The Rescript of the P^mperor of Russia
Text of the Rescript ....
Report of a conversation witli Count INIouravieff by Sir Charles

Scott ..........

Reply of Mr. Balfour to the Rescript .....

Acceptance of the invitation by the United States

The attitude of the European press .....

Article from the Journal de St. Petershurg ....

Formal reply of Lord Salisbury

Despatch from the United States Charge d' Affaires
Circular of Count Mouravieff dated January 11, 1899
J]xplanatory despatch from Sir Charles Scott
Reply of Lord Salisbury .......

Selection of The Hague as the place of meeting .

Text of the formal invitation of the Netherlands Government

What Powers were invited .......

Omission of the Central and South American Republics

xiii



1
1

2

3
3
4

5

7
8
8

11
\-2
V2
V2
13
14
1(J
24
27
29
32
32
34
35



xiv CONTENTS

CHAPTER II
THE OPENING OF THE CONFERENCE

PAGE

The birthday of the Czar, May 18, 1899 36

Tlie House in tlie Wood 37

Arrangement oi" the Orange Zaal 37

Alphabetical arrangement of States 38

Full list of members of the Conference 38

Opening address of M. de Beaufort, Netherlands Minister of

Foreign Affairs 62

Telegram to the Emperor of Russia ...... 54

Election of Baron de Staal as President ..... 54

Address of President de Staal ....... 55

Election of Honorary President, Vice-Presidents, and Secretaries 57

The second session, May 20 . . 58

Telegrams from the Queen of the Netherlands and the Emperor

of Russia 58

Address of President de Staal 58

Appointment of Committees 64

Dates of subsequent meetings of the Confei'ence .... 65



CHAPTER III



THE WORK OF THE FIRST COMMITTEE

Limitation of Armaments

Misunderstanding regarding the object of the Conference

Speech of M. Beernaert

Speech of President de Staal .

Proposals submitted on behalf of Russif

Speech of Colonel Gilinsky .

Address of General von Schwarzhoff

Answer of Colonel Gilinsky .

Reply of General von Schwarzhoff

Reference to the Sub-Committees .

Report of the jMilitary Sub-Committee

Speech of Baron de Bildt

Speech of M. Bourgeois .

Resolution offered by him

Report of the Naval Sub-Conuuittee



66
66
68
69
72
73
76
80
80
82
83
84
87
90
90



CONTENTS



Declaration on behalf of the United States of America

Value of the discussion

The humanizing of war .........

Report of the Military Sub-Coniniittee

Powders ...........

Explosives, or Inirstiiig charge of projectiles

Field guns

Balloons

Muskets

Automatic muskets ........

The use of new means of destruction . . . . .
Expanding bullets

Declaration by Sir John Ardagh on behalf of Great Britain

Interview between Jonkheervan Karnebeek and the British
delegates

Amendment of proposed declaration offered by Captain
Crozier

Address of Captain Crozier .

Ineffectual replies ....

The manner of taking the vote

Amendment never voted upon

Absence of parliamentary rules

Further declaration on belialf of Great
Methods of naval ivarfare

Report of Sub-Committee

Warships with rams

Rifles and naval guns

Projectiles for the diffusion of asphyxiating gases

Objections of Captain Mahan ....



Britain



PAGT5

91
92
93
93
93
94
95
95
90
97
97
98
98

103

107
107
112
113
114
114
115
117
117
118
118
118
119



CHAPTER IV



THE WORK OF THE SECOND COMMITTEE

The Convention for the Adaptation to INIakitime

Warfare of the Principles of the Geneva

Convention, August 22, 1864

Reference to first Sub-Committee 120

Report of Professor Renault 120

Text of the treaty 123



CONTENTS



PAGE



Hospital ships constructed and equipped by belligerent States . 128
Hospital ships ecpiipped by private individuals or relief societies

of belligerent States 128

Hospital ships equipped by private individuals or relief societies

of neutral countries ... .... 128

Status of liospital ships ........ 124

Distinguishing marks of hospital ships and their flags . . 125

Declaration on behalf of Persia 125

Declaration on behalf of Siam 126

Status of neutral vessels taking on board sick, wounded, or ship-
wrecked belligerents 126

Status of the religious, medical, or hospital staff on captured

ships 126

Duty of captors 127

Status of captured belligerents 127

Duty of neutral States under Article 10 127

Disagreement about Article 10 128

Suppression of article by general agreement .... 129

Binding force of the treaty . 130

Ratification . . . . . . . . . . .130

Adherence 131

Denunciation . . . . . . . . . .131

Additional articles proposed by Captain Mahan .... 131

Revision of the Geneva Convention under the auspices of Swit-
zerland .......... 132

The laws and customs of war ........ 134

Consideration restricted to rules of war on land . . . 135

Reference to Sub-Committee 135

Address of M. de Martens 135

Objections of M. Beernaert ....... 137

Resolution in favor of the consideration of the rights and

duties of neutral States for subsequent conference . . 138

Text of the treaty 139

Ratification 139

Adherence 140

Denunciation .......... 140

.gulations resjiecting laws and customs of war on land . 140

vVhat constitutes a belligerent 140

Status of population resisting an invader .... 140

Armed forces of belligerent parties 140



CONTENTS



and customs



dues



of articles for



burials



Declaration of M. de Martens

Discussion of the right to repel invasion

Speech of General von Schwarzhoff

On prisoners of war

Their status, rights, privileges, and duties

Discipline

Parole

Correspondents and camp followers

Bureau of information

Relief societies

Freedom from postage

prisoners of war .
Pay of officers
Religious tolerance
Wills, death certificates.
Repatriation .
Sick and wounded .
Prohibitions .
Means of injuring the enemy
Ruses of war ....
Sieges and bombardments
Bombardment of fortified places
Immunity of certain places .
Pillage prohibited .
On spies .....
Limitation of the definition .
Not to be punished without trial
On flags of truce
Rights and duties of envoys .
On capitulations
On armistices ....
Violation of armistices .
On military authority over hostile territory
Prohibition to compel oath of allegiance or to violate family

honor, individual lives, and private property
Collection of taxes and other charges ....

Requisitions to be paid for

Certain property to be returned on the conclusion of peace

Trusteeship of occupying State

No damage to arts and sciences



PAGR

142
143
144

145
145
146
147
148
148
149

149
149
149
150
150
151
151
151
152
152
152
153
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153
153
154
154
154
155
155
156
156

157



158
159
160



i CONTENTS

PAGK

On the detention of belligerents and the care of wounded

in neutral countries ........ 160

Rights and duties of neutral States ..... 160

Value of the treaties 161

Opinion of Professor Zorn 161

Opinion of M. de Martens 161



CHAPTER V

THE WORK OF THE THIRD COMMITTEE

Good Offices, Mediation, International Commissions
OF Inquiry and Arbitration

Diplomatic character of the work of the Third Committee . .16-1

Its officers ........... 165

Complete list of members ........ 16.5

Communications to the press 167

Necessity of secrecy 168

The Co7niie d'Exmnen ......... 169

Mode of appointment 169

Membership 169

Importance of the Committee 170

Negotiations at Berlin 171

Meetings 171

Personal remarks 172

The Convention for the Peaceful Ad.justment of
International Differences

The preamble 174

Title I. The Maintenance of General Peace

Respect for sovereignty once established 175

Title II. On Good Offices and Mediation

Declaration of Paris 176

Difference between Good Offices and Mediation .... 177

Advantages of Mediation 177



CONTENTS



Former agreements unsatisfactory

Offer of ^Mediation not favored iieretofore .

JNIediation to terminate wai- .....

' Mediation established as a permanent institution
Not to be confounded with meddling- .
The restriction " as far as circumstances will allow ''
The offer of (iood Offices and ^Mediation
The refusal of the offer .....

Duty of the mediator ......

When functions cease ......

Advisory character of (iood Offices and ]\Iediation

No interruption of preparations for war or of hostilities

Special Mediation .......

M. de Nelidoff's suggestion ....

Analogy between warfare and duelling

The necessity of the challenge

Restraint as to time and place

Exemptions .......

Feuds permitted against the person, but not against property

Xeiitralization ......

Preventive measures .....

Remarks of Mr. Holls

Duties of a " second "

New element of deliberation ....
- An agency for peace in time of war

Discussion .......

]\lethod of procedure .....

The practical value of the article .



178
180
180
181
181
182
182
184
18.^
18.5
180
180
187
188
190
1.91
1.0:J
193
194
19.5
19.>
190
197
197
198
199
201
202



Title III. International Commissions of Inquiry



Not an innovation
Difficulties in the way .
The object of the title .
Speech of M. de INIartens
The example of Holland
Honor and vital interests
Importance of the institution
Refusal to submit to investigation
Objeetions of the Balkan States .
Procedure



203
204
206
206
209
210
211
213
214
215



XX CONTENTS

PAOE

Manner of appointment 217

Report of the commission ........ 219

No binding force 219

Title IV. International Arbitration
Chapter I. On Arbitral Justice



Character of questions recognized as snitable for arbitration
Remarks of Ex-President Harrison in Paris

the question



221
222
223
227

228
228
229
229



Importance of the form of statement of

Agreements of arbitration in general

Obligation to submit to the award

Other agreements to be made

Obligatory arbitration .

The Russian proposal .

The subjects of international rivers, interoceanic canals, and
monetary affairs stricken out on motion of American

representative ......... 230

Entire article stricken out on motion of Germany . . . 232

Chapter II. On the Permanent International Court of
Arbitration

Address of Lord Pauncefote 233

Historical note on the attitude of the United States . . . 233

Importance of voluntary feature 237

The British proposal 238

The Russian proposal 239

The American proposal 239

'D'l&CMS.sion in the Comite d'Examen 240

Statement of the French delegation 240

Remarks of Lord Pauncefote 243

Remarks of M. Descamps 244

Professor Zorn's motion to strike out 246

Remarks of ]M. Asser 249

Reply of Professor Zorn 249

Speech of Count Nigra 2.50

Speech of M. de IVIartens 251

Speech of M. Odier 252

Speech of Professor Lammasch 253

Speech of Mr. Holls 254



CONTENTS



i



liti



Subsequent acquiescence of Germany

The Court to be organized .

Its jurisdiction ....

The bureau and record office

Publication of documents

Appointment and term of office of judges

Appointment by the highest court of each State

Manner of selection of the members of particular

The choice of umpire subject to ratification of

Dissent of M. Descamps ....

Diplomatic privileges and immunities of judges

Place of sitting

Facilities to be placed at the disposal of special tr

Extension of jurisdiction

The duiy of Signatory Poivers and the. Monroe DocI

The French proposal ....

Reservation by Mr. Holls

Text of the American declaration

The Monroe Doctrine ....

Declaration accepted ....

Its importance .....

Cordial feeling toward the United States

Efforts to strike out the word " duty " .

Speech of M. Bourgeois ....

The administrative council .

The expenses of the bureau .



ejected
tribunals

gating States



ibunals



PAGK

257
257
258
258
259
259
261
264
265
266
266
267
267
267
267
268
269
270
270
271
271
272
273
273
275
276



Chapter III. On Arbitral Procedure



Rules

The agreement to arbitrate

Manner of constituting arbitral tribunal
Sovereigns and Chiefs of State to fix procedure .

The umpire to preside

Filling of vacancies ......

Place of sitting .......

Appointment of agents, attorneys, and counsellors
Judges not to practise in certain cases

Language

Two phases of procedure .....
Communication of documents ....



277
277
277
278
278
278
279
279
280
280
280
281



xxii CONTENTS

PAOE

The proceedings in open court 281

Control of tlie tribunal over pleadings and practice . . . 282

Arguments of counsel ......... 282

Incidental motions ......... 283

The tril)uiial to determine its own jurisdiction .... 283

Deliberations to take place with closed doors .... 284

Award by a majority of votes accompanied by a statement of

reasons 28-5

Public reading of the award 286

Reservation for a rehearing ........ 286

American proposition regarding a reexamination of the case . 287

Debate on the subject of rehearing 287

Argument of M. de Martens 287

Speech of Count Nigra 290

Argument of Mr. Holls 291

Speech of Chevalier Descamps 298

Reply of M. de Martens 300

Speech of Mr. I^ow 301

Speech of Mr. Asser 302

Joinder of other powers in the litigation 303

Expenses 303

Ratification 304

Adherence 304

Withdrawal 304

Signatures, deposit of ratifications, and first appointments to the

court ... 305



CHAPTER VI

THE IMMUNITY OF PRIVATE PROPERTY ON THE
HIGH SEAS



The policy of the United States ....
Memorial of the American Commission

Text of the proposed article

Speech of M. de Martens

Speech of Ambassador White ....

The lesson of the American Civil War

No separate interests on the part of the United States

Speech of Count Nigra ......

Abstention of Great Britain .....



306
307
311
314
314
317
319
321
321



CONTENTS



CHAPTER VII

THE CONFERENCE FROM DAY TO DAY: ADDRESSES,

COMMUNICATIONS, AND DELEGATIONS FROM

OUTSIDE SOURCES: THE QUESTION OF

ADHERENCE: THE CLOSING SESSION

PAGE

The Conference avoids ostentation or display .... 3'22

Frequency of meetings of Conference or Committees . . . 322

Netlierlands Government hospitality, — the daily luncheon . 328

Reception to the Conference by the Queens, INIay 2-4 . . . 323

Dinner at tlie Royal Palace in Amsterdam, July 6 . . . 324

Other fetes and festivals given in honor of the Conference . . 324

Recess July 7 to 17 325

Interest of the Japanese delegation ...... 325

Remarks of the Chinese delegate . 326

F arew ell dinner of the Comite d'Examen ..... 326

Appointment of Committee on outside communications . . 326

Letters and telegrams of sympathy ...... 327

Pamphlets and books on arbitration 328

Delegations from oppressed nationalities 329

Disappointment of some " friends of peace " .... 330

The Question of Adherence ........ 332

Attempts to countenance the claims of the Pope . . . 333

The position of the United States and Great Britain . . . 333

The Closing Session 335

Report on Signatures 336

Correspondence between Queen Wilhelmina and the Pope . . 338

Speech of Baron de Staal 340

Remarks of Prince iNIiinster 346

Replies of Baron de Staal and Jonkheer Van Karnebeek . . 347

Remarks of Baron d'Estournelles 348

Closing address of M. de Beaufort 349

Adjournment sine die 350



CHAPTER VIII

THE BEARINGS OF THE CONFERENCE UPON
INTERNATIONAL LAW AND POLICY

The Conference a natural consummation ....
Former schemes for Eternal Peace .....



Online LibraryFrederick William HollsThe peace conference at The Hague, and its bearings on international law and policy → online text (page 1 of 39)