Frederick William Holls.

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

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had spent many years of his life, and he thereupon intro-
duced Baron de Bildt, First Delegate of Sweden and



THE GROTIUS CELEBRATION 555

Norway, who stated that lie liad been directed by tele-
graph to offer the sincere congratulations and good wishes
of His ^Majesty, the King of Sweden and Norway, to the
Commission of the United States of America and to the
Government of tlie Netherlands, on the occasion of this
celebration. He added that the memory of Grotius would
always be highly cherished in the speaker's native coun-
irj^ which Grotius had served so long and so faitlifull3\

The Chairman thereupon introduced the Honorable
T. M. C. Asser, Delegate to the Peace Conference from
the Netherlands, and President of the Institute of Inter-
national Law, who spoke as follows : —

" Ladies and Gentlemen :

" Having the honor to be the President of the Institute
of International Law, I consider it my duty to add a few
words, in the name of that body, to the eloquent speeches
that we have heard.

" It is a great pleasure for the members of the Institute
who attend this meeting, in their capacity of delegates to
the Peace Conference, to declare through their President
that they fully sympathize with the congratulations and
the thanks addressed to the eminent American delegates,
— congratulations on this most important memorial day,
thanks for their homage to the father of our science —
my great Compatriot, Hugo (jlrotius.

"And these thanks. Ladies and Gentlemen, do not only
concern the splendid ceremony of this day. Our grati-
tude is inspired, above all, by the most valuable services
that American jurists and American statesmen have ren-
dered to the development of International Law.

" The Annals of our Institute show the great influence
that American science and practice have exercised upon
its resolutions.



55G THE anon US CELEBRATION

" Among tlie founders of the Institute we read the name
of the celebrated American jurist David Dudley Field,
the first who, in his Draft Outlines of an International
Code, undertook to formulate precise rules for the legal
intercourse between the different nations, and between
the citizens of different states.

" During a quarter of a centur3% our Institute has de-
voted its best force to this work of codification, after hav-
ing by serious and uninterrupted endeavors succeeded in
establishing a communis opinio on many matters, with re-
gard to which there was a gi-eat divergence between the
jurists of different nationalities.

"• This is neither the place nor the time to recount the
results which have been obtained.

" I must, however, ask leave to mention that in its first
scientific session at Geneva, just twenty-five years ago,
the Institute resolved that three very important objects
ought to have its attention before all other matters.

"The first Avas the codification oi i^rivate international
J a IV.

'' The illustrious Italian, Mancini, then President of the
Institute, took the initiative in this urgent reform.

" The Dutch Government continued what he had begun,
and, as a first practical result of the diplomatic Conference
which met at The Hague in 1893 and 1894, the first page
of a code of private international law, having legal force
in almost all continental Europe, was written in the form
of a convention, and signed at The Hague on November
14, 1896. We hope that the following pages of the code
Avill be written in the next years, as a consequence of new
conferences on the subject.

" We also hope that, in indicating the States which ac-
cept the code, the word ' continental ' may soon prove to
be inexact, and it is our sincere wish that the fatherland of
the jurist, who in his ' Draft Outlines ' did not omit the



THE GROTIUS CELEBRATION 557

rules of private law, may join old Europe, so that the
States united to accept that code of private interna-
tional law may embrace the New as well as the Old
World.

"The second matter to which the priority was granted
by the Institute concerned International Arbitration, and
the rules of procedure to be adopted by States that agree
to submit to arbitration the controversies arising between
them. A most remarkal)le draft l)y the well-known Ger-
man jurist Professor Goldschmidt formed the basis of the
Institute's resolutions.

'' Since 1874 the practice of International Arbitration
has made enormous progress, and we may now expect
that the generous and magnanimous initiative of His
Majesty the Emperor of Russia will bring into operation
a set of uniform rules for the decision of international
controversies, and for the establishment of a Court of
Arbitration.

" In tlie meantime the special arbitration treaties, con-
cluded by some Governments (among which the Anglo-
American, though not ratified, is one of the most remark-
able), have exercised a strong influence on public oj)inion
and the feelings of leading statesmen ; and I may add,
without being guilty of indiscretion, that tlie Government
of the United States is one of those which have provided
the Conference with most valuable materials for the or-
ganization of the new institution.

'' The third object chosen by the Institute in its first
session has quite an American character.

" The three rules of the Washington treaty of 1871
concerning the duties of neutral Governments had to be
examined on the basis of pro})osals made by a Committee,
to which belonged the American scholar and jurist,
Theodore Woolsey.

" I have called this matter (piite American, because the



558 THE G It or I US CELEBRATION

United States had the merit of permanently fixing the
doctrine of neutrality.

" When Grotius wrote his famous book, the state of war
— and of war in which all nations were concerned —
was almost permanent in Europe.

" It was Grotius's great merit to have shown how war
ought to be submitted to certain rules in the interest of
humanity and of justice. Tlie rights and obligations of
belligerents form tlie principal contents of his work.
Those of neutrals are indicated in a very brief and rather
superficial way.

" At two great epochs — that of the first French revolu-
tionary war in 1793, during the administration of Washing-
ton and the secretaryship of Jefferson, and about twenty-five
years later, in 1818, Mr. Monroe being President and
Mr. John Quincy Adams Secretary of State, when the
Spanish colonies in America threw off their allegiance
to the mother country — the United States had the oppor-
tunity of establishing liberal and humane principles of
international law.

" On the former occasion they passed their first neutrality
Statute, that of 1794, and on the latter the act of Congress
of 1818, called the amended foreign enlistment act.

" One of the greatest English authorities on international
law. Sir Robert Phillimore, says that the British statute
was during the next year (1819) carried through Parlia-
ment in accordance with the American act of Congress.

" The principal object of the law of neutrality up to this
time has been to state the duties of neutrals, and the con-
ditions under which their neutrality is to be respected by
fthe belligerents.

" If, in the future, war should be rendered impossible,
neutrality would cease to exist.

" As long, however, as war may, from time to time,
appear to be unavoidable, it will be a great blessing for



THE GROTIUS CELEBRATION 559

humanity if the new Code of Neutrality sliall not only
prevent neutrals from favoring one of the belligerents and
from disturbing the belligerents in their military opera-
tions, but if it shall also — and in the first place —
prevent the belligerents from disturbing the neutrals in
their peaceful occupations, in their trade and navigation,
and in the practice of science and arts.

''The United States of America would again render an
immense service to humanity if they induced the States
of Europe and the other parts of the world to prepare in
time of peace a Code of Neutrality so favorable for the
pacific nations, and so severe with regard to those who
may feel desirous to have recourse to war, that it would
prove to be in fact the best guarantee for the maintenance
of peace.

" This would be a glorious task for the statesmen of the
new world, in the beginning of a new century ! "

At the conclusion of M. Asser's speech, the choir sang
a magnificent Dutch hymn of the sixteenth century, —
"Prayer for the Fatherland," by Valerius, — whereupon
the Chairman introduced the Honorable Seth Low, Com-
missioner of the United States of America, President of
Columbia University of New York, who spoke as fol-
lows : —

"Mr. Chairman, Ladies and Gentlemen:

" The pleasing task has been devolved upon me of ex-
pressing the thanks of the American Delegation to those
whose kindness has made this occasion possible.

" First of all our thanks are due, and are most heartily
given to you, Sir, for so courteously presiding ; to the
Burgomaster and City of Delft and to the Trustees of this
venerable Church for the generous hospitality that has
permitted the use of this sacred edifice and of the City



560 THE a R onus CELEBRATION

Hall ; and to the chorus whose volunteered services have
added to the proceedings the welcome charm and inspira-
tion of son^'.

"• "VVe think ourselves fortunate, also, in being able to
avail of this opportunity to express our thanks to Her
Majesty, the Queen, for the gracious kindness she has
shown to us in common with our colleagues of the Confer-
ence of Peace. It has been to us a sincere pleasure to
liave the honor of a presentation to Her Majesty, for the
accents of her voice when she took the coronation oath
found an echo in every American heart. Motley has en-
abled us to understand what it signifies when the Head of
the House of Orange swears, ' Je maintiendrai ! '

" We are glad, also, to offer our thanks to the distin-
guished Minister of Foreign Affairs of the Netherlands,
his Excellency, M. de Beaufort, and, througli him, to his
Government and the people of The Hague for the great
hospitality in which we have had a share as members of
the Conference.

" We are grateful, also, for the message that has been
received from His Majest3% the King of Sweden and Nor-
way, through his distinguished Representative at the
Conference of Peace ; and for the kind words spoken in
the name of the Institute of International Law by its
gifted and able President.

" The International Conference at The Hague doubtless
will take its place in history as the first attempt on the
part of the nations of the East and of the West, of Asia,
and Europe and America, to create a body of International
LaAv by formal and joint enactment. Great national as-
semblies have sprung from seeds not more promising than
this ; so that it is not strange that men should see in this
Conference a distinct step toward the poet's dream: ' The
Parliament of Man, the Federation of the World.' Our
own Lowell has said: —



THE GROriUS CELEBRATION 5G1

" ' For I believed the poets ; it is they
Who gather wisdom from the central deep,
And, listening to the inner flow of things,
Speak to the age out of eternity.'

" But those of us who have taken part in these delibera-
tions, can never dissociate the experience from the hearty
Avelcome we have received in the historic Capital of Hol-
land, — the beautiful city of The Hague. Both Peace
and Hospitality appear to us to have laid aside their san-
dals at The Hague, as if there they had found tlieir perma-
nent abiding-place.

" On this day, so full for Americans of thoughts connected
with their national independence, we may not forget that
Americans have yet other grounds for gratitude to the
people of the Netherlands. We cannot forget that our
flag received its first foreign salute from a Dutch ofHcer,
nor that the Province of Friesland gave to our indepen-
dence its first formal recognition. By way of Leyden
and Delft-Haven and Plymouth Rock, and again by way
of New Amsterdam, the free public school reached Ameri-
can shores.

^ The United States of America have taken their name
from the United States of the Netherlands. We have
learned from you not only that ^ In Union there is
Strength,' — that is an old lesson, — but also, in large
measure, how to make ' One out of many.' From you we
have learned, what we, at least, value, to separate Church
and State ; and from you we gather inspiration at all
times in our devotion to learning, to religious libert}', and
to individual and national freedom. These are some of
the things for which we believe the American people owe
no little gratitude to the Dutch ; and these are the
things for which to-day, speaking in the name of tlie
American people, we venture to express their heartfelt
thanks."

2o



562 THE anorTUS CELEBRATION

The choir then sang two verses of " America," in which
they were joined by the audience, standing, and a post-
lude, including the " Star Spangled Banner " and the
" Hallelujah " Chorus from Handel's " Messiah," ended
the celebration.

At the close of the exercises in the church, the invited
guests, about three hundred and thirty-eight in number,
sat down with the American Commission to a luncheon
served in the ancient Town Hall of Delft. This building,
as well as the colossal bronze statue of Grotius standing
in front of it, and the contemporary portrait of Grotius
in the Hall of the Burgomaster, was decorated with the
flags of the Netherlands and the United States.

During the progress of the luncheon, the American
representatives, headed b}^ Ambassador White, visited the
various tables, and toasts to the President of the United
States, the Queen of the Netherlands, the Emperor of Rus-
sia, and the President of the Peace Conference, as well as
to the various countries represented, were exchanged.

At three o'clock the weather had moderated, and the
guests returned to The Hague.

In the evening the orchestra at Scheveningen made
American national airs the chief feature of the gala con-
cert, which was attended by most of the members of the
Conference.



INDEX



Abdullah Pascha, member from
Turkey, 51.

Addresses and communications, com-
miltee on, 326.

Adherence, question of, 332.

Adherence to treaty, articles on,
304 ; withdrawal from, 304 ; sig-
natures to, 305 ; ratification of
treaty, 305.

Administrative Council at The
Hague, 275.

Allegiance, oath of, not to be com-
pelled. 157.

Annlo-Saxon race, fundamental soli-
darity of, 3.

Appeal not allowed (see Rehearing).

Appeals of oppressed nationalities,
329.

Appointment of attorneys, coun-
selors, or agents, 279.

Arbitral award to be read in public,
280 ; to decide dispute finally and
without appeal, 28(;.

Arbitral procedure, code of, 276 ;
rules of, 277 ; when a sovereign
or chief of state is arbitrator,
278 ; two phases of, 280 ; in open
court, 281 ; speci;ii rules of, 282.

Arbitral tribunal, how constituted,
277 ; umpire to preside over, 278 ;
vacancies to be filled, 278 ; place
of sitting, 279 ; attorneys, coun-
selors, and agents before, 279 ;
who not to act as, 280 ; powers
of, 282 ; oral arguments before,
282 ; objections before tribunal,
283 ; motions before tribunal, 283 ;
to deliberate with closed doors,



284 ; que.stions and explanations
before, 283 ; phases of hearing
before, 284 ; to determine its own
jurisdiction, 283 ; to prescribe
.special rules, 282 ; award of tribu-
nal. 285 ; to be accompanied by an
opinion, 285.

Arbitration, committee on, members
of, 165 ; meetings of, 167.

Arbitration, general agreements for,
327 ; treaties for, 228 ; agreement
for, 274 ; joinder of other Powers
in litigation, 303 ; expenses of, 303 ;
ratification of treaty of, 304.

Arbitration, international (.see Inter-
national Arbitration).

Arbitration, International Court of
(see International Court of Arbi-
tration).

Arbitration, obligatory (.see Obliga-
tory Arbitration).

Arbitration Treaty, the Magna
Charta of International Law, 354.

Ardagh, Major-(ieneral Sir John,
member from Great Britain, 45 ;
statement on Dum Dum bullets,
98.

Arguments, oral, before tribunal,
282.

Armaments, limitation of, GO.

Armi.stices, 155 ; notification of,
150; violation of, 150.

Arriga, Nagas, member from Japan,
40.

Article 10 on application of Geneva
rules, exclusion of, 128.

Asser, T. M. C, member from the
Netherlaudis, 47 ; member of



5G3



564



INDEX



Comite (VExnmen, 109 ; speech
on International (^ourt of Arbitra-
tion, 24y ; opinion on choice of
umpire, 'HM^ ; amendment on re-
hearing, 287 ; speech on rehear-
ing, 302 ; speech at Delft, 555.
Automatic muskets, 97.

Baguer, Arturo de, member from
Spain, 43.

Balfour, Right Hon. Arthur J.,
reply to Rescript, 12.

Balloons, throwing projectiles from,
95.

Barantzew, Count, member from
Russia, 49.

Basily, Chamberlain A., member
from Russia, 49.

Beaufort, W. H. de, Minister of For-
eign Affairs of the Netherlands,
52 ; introductory speech by, 52 ;
elected Honorary President of the
Peace Conference, 57 ; closing
speech of, 348 ; speech at Delft,
552.

Beernaert, Auguste, member from
Belgium, 42 ; speech of, on limi-
tation of armaments, 68 ; speech
on laws and customs of war, 137 ;
remarks on laws and customs of
war, 143; on term "belligerent,"
143.

Behring Sea arbitration, form of
question in, 235.

Beldiman, Alexander, member from
Roumania, 48.

Belligerents, what constitutes, 141.

Berlin, negotiations at, 171.

Bianco, Captain Auguste, member
from Italy, 40.

Bihourd, Georges, member from
France, 44.

Bildt, Baron de, member from
Sweden and Norway, 50 ; speech
on limitation of armaments, 84 ;
speech on communications to the
press, 107 ; motion for adminis-
trative council to consist of ac-



credited representatives to The
Hague, 275.

de Bille, Frederic, member from
Denmark, 43.

Bismarck, Prince, death of , 4 ; a
friend of peace, 4 ; basis of his
policy, 5.

Bombardment of undefended cities
prohibited, 152 ; warning of, 153 ;
immunity from, 153.

Bourgeois, Leon, member from
France, 44 ; motion to appoint
sub-committee on limitation of
armaments, 82 ; speech on limita-
tion of armaments, 87 ; president
of the committee on Arbitra-
tion, 104 ; speech on International
Commissions of Inquiry, 215 ; dec-
laration on behalf of French
delegation, on International Court
of Arbitration, 240 ; speech on
" Duty " under article 27, 273.

Brandstrom, Colonel, member from
Sweden and Norway, 50.

Bullets, expanding, 98 ; Dum Dum,
statement of Sir John Ardagh,
98.

Bunsen, George von, 0.

Bureau and record office of Inter-
national Court, 258.

Bureau of information for prisoners
of war, 148.

Burial of prisoners of war, 150.

Cable, submarine landings of, 158.

Canals, iuteroceanic, arbitration re-
garding, 230.

Capitulations, 155.

Castilho, Captain Auguste de, mem-
ber from Portugal, 48.

Challenge, necessity of, 191.

China, situation in, with reference
to an International Commission of
Inquiry, 214 ; interest shown by,
325.

Coanda, Colonel Constantine, mem-
ber from Roumania, 48.

Combatants, who are, 141.



INDEX



565



Comite (V Examen, appointment of,
109 ; members of, l(i!) ; impor-
tance of, 170; meetings of, 171;
remarks on, 171 ; menu of fare-
well dinner of, 327.

Committees, appointments and du-
ties of, o;3.

Conference (see Peace Conference).

Conscriptions prohibited, 157.

Contributions in hostile territory,
157.

Correspondents and reporters, 148.

a Court, Lieutenant-Colonel
Charles, member from Great Brit-
ain, 45.

Court, international (see Interna-
tional Court of Arbitration).

Ci'ozier, Captain William, member
from the United States, 40 ; dec-
laration as to American attitude
on military inventions, 90 ; amend-
ment on expanding bullets, 103 ;
speech on expanding bullets, 107 ;
amendment : manner of taking
vote, 113.

Damage to certain property prohib-
ited, 159.

Death certificate for prisoners of
war, 150.

Delyannis, Nicolas P., member
from Greece, 45 ; declaration on
limitation of armaments, 90.

Descamps, Chevalier, member from
Belgium, 42 ; member of Comite
cVExamen, 109 ; speech on Inter-
national Court of Arbitration, 244;
opinion on choice of umpire, 266 ;
speech on rehearing, 298.

Destruction, new methods of, 97.

Detention of prisoners of war, 145.

Diplomacy, the future of ; a higher
development of, 307.

Diplomatic privileges and immuni-
ties for judges of international
court, 206.

Disappointment of some friends of
Peace, 331.



Disarmament, 00.

Disclosure of name and rank of
prisoners of war, 147.

Dittlinger, Lieutenant C. E., Assists
ant Secretary, 57.

Documents to be conmiunicatcd, 281.

Duelling, the analogy between war-
fare and, 190.

"Duty," efforts of Balkan States to
strike out the word, 273.

Duty of Signatory Powers to advise
recourse to International Court of
Arbitration, 207 ; French proposi-
tion on, 2()8 ; American reserva-
tion on, 209.

Escape of prisoners of war, 140.

Explosives, high, report on, 94.

Eys, Jonkheer J. C. N. van. Secre-
tary General of the Peace Con-
ference, 57.

Eyschen, M., member from Luxem-
burg, 40 ; resolution on future
conference concerning neutral
states, 138 ; proposition regarding
International Commissions of In-
quiry, 210.

d'Estournelles de Constant, Baron,
member from France, 44 ; mem-
ber Comite d'' Examen, 109 ; clos-
ing speech of, 348.

Family honor and rights to be
respected, 157.

Festivities in honor of Peace Con-
ference, 324.

Feuds formerly permitted, 194 ;
prohibited, 195.

Field guns, report on, 95.

Fisher, Vice-Admiral Sir John A.,
member from Gi'eat Britain, 45.

Form of question in arbitration,
importance of, 223.

Gas, asphyxiating, 118.

Geneva Convention, adaptation to
maritime warfare of, 121 ; sub-
committees on, 121 ; ratification



566



INDEX



of, loO ; adherence to, 131 ; de-
nunciation of, l.'Jl.

German Empire, objections to obli-
gatory arbitration, 232 ; cordial
adherence of, to International
Court of Arbitration, 257.

Gilinsky, Colonel, member from
Kussia, 49 ; speech on limitation
of armaments, 72 ; reply to Gen-
eral von Schwarzhoff, 80 ; reply
to Captain Crozier on expanding
bullets, 112.

Good offices: offer of, 183; United
States of America, offer of, be-
tween Great Britain and South
African Republics, 183 ; refusal
of offer of, 184.

Good offices and mediation, 176 ;
difference between, 177 ; advisoiy
character of, 186 ; not to interruj^t
preparations for war, 186.

Great Britain, delegates from, inter-
view with Jonkheer van Karne-
beek on expanding bullets, 103.

de Grelle Rogier, Count, member
from Belgium, 42.

de Grelle llogier, Edward, secretary
of the Peace Conference, 57.

Hague, The, selected as place of
meeting of the Conference, 32 ;
place of sitting of International
Coui't of Arbitration, 267.

Harrison, Ex-President, speech at
the Venezuela arbitration, 222.

Haya.shi, Baron, member from
Japan, 46.

Hessaptchieff. Major Christo, mem-
ber from Bulgaria, 52.

Hjulhammer, Captain C. A. M. de,
member from Sweden and Nor-
way, 51.

Holland, king of, undue extension
of jurisdiction by, 283.

HoUs, Frederick W., member from
the United States, 41 ; member
Comite d^Examen, 169 ; remarks
on Comite d'Examen, 172 ; article



on special mediation, 187 ; speech
on article on special mediation,
106 ; moves to strike out interna-
tional rivers, interoceanic canals,
and monetary affairs from article
on obligatory arbitration, 230 ;
speech on International Court of
Arbitration, 254 ; opinion on
choice of umpire, 265 ; reservation
on duty of Signatory Powers, 269 ;
suggestions as to judges and coun-
sel, 280 ; speech on rehearing,
291.

Honor and vital interests, questions
touching, 211.

Hoo Wei Teh, member from China,
42.

Hospital ships, 123; regulations
concerning, 124 ; distinguishing
marks of, 125 ; inviolability of
the staff of, 126.

Hospital territory, military author-
ity over, 156.

Ho.stilities, 151.

House in the Wood, meeting place
of Conference, 37 ; arrangement
of rooms, 37.

Howard, Sir Henry, member from
Great Britain, 44.

Ho Yen Cheng, member from China,
43.

Injuries, superfluous, prohibited,
151.

Institute of International Law, the,
370.

Instructions to land forces, 139.

International arbitration, 220 ; ob-
ject of, 220 ; questions recognized
as suitable for, 221 ; agreement to
abide by award, 228.

International bureau, expenses of,
276.

International Commissions of In-
quiry, 208 ; Venezuela Commis-



Online LibraryFrederick William HollsThe peace conference at The Hague, and its bearings on international law and policy → online text (page 38 of 39)