this important subject the views of the Government Chapter V of the United States with the utmost frankness. I join most sincerely and cordially in the requests which have been addressed to the honorable delegate of the German Empire.

"In no part of the world has public opinion so clearly and unmistakably expressed its adherence to the noble sentiments of His Majesty the Emperor of Russia, which have led to the calling of this Conference, as in America, both North and South. Nowhere do more sincere wishes, hopes, and prayers ascend to heaven for the success of this Conference. The Commission of the United States of America has received hundreds of expressions of sympathy and support, not only from the United States, but from the entire American Continent, and these manifestations come, not only from individuals, but from secular organizations of the highest standing and the widest influence and from great and powerful churches-some of them representing millions of members. In consequence we, the members of this Conference, are bound, so to speak, by a most solemn moral obligation, incurred, not between the Governments, but between the peoples of the civilized world. As it was most fittingly expressed in a great national crisis of my own country by its greatest modern statesman, Abraham Lincoln, we cannot escape history. We, of this Conference and of this Committee, will be remembered in spite of ourselves - no personal significance or insignificance can spare one or another of us.'

6

Chapter V Let me ask the honorable members of this Committee Speech of Mr. to approach the question before us in a practical

Holls.

spirit, such as is generally attributed to us Americans; let us observe the true state of public opinion. Public opinion, all over the world, is not only eagerly hoping for our success, but it should be added that it has become uneasy and anxious about it. The powers of unrest and discord are even now exulting over what they hope will prove to be our ignominious failure.

"On the other hand, the fear is abroad, most unmistakably, even among our friends and wellwishers, that by reason of conflicting interests of a political nature, or for other causes which cannot be discussed openly, the results of this Conference may turn out to be purely platonic, inadequate, unsatisfactory, perhaps even farcical; and, moreover, it should be clearly recognized and remembered that public anxiety on this point is based upon recent experience in a case presenting many analogies to the situation before us. A Conference was called not many years ago upon the noble and generous initiative of His Majesty the German Emperor, upon a subject profoundly interesting to mankind; namely, the proper protection of the interests of labor, and it met at Berlin, having a most distinguished and representative membership; but what was the result? Resolutions of a purely academic character were adopted, and that Conference is even now almost forgotten.

"Civilized, educated, progressive public opinion,

which is beyond all question the most potent and Chapter V the one irresistible moral influence in the world to-day - remembering former failures - will not pardon us if we offer it a new acute rebuff, and the very hopes which are now concentrated upon us and our work will be the measure of the disappointment which would follow our failure. Moreover, the establishment of a permanent International Court is the one great success which is hoped for, not only as being brilliant and striking, but also as being attainable, in fact, within our very grasp. Without doubt the honorable delegate from the German Empire is correct, when he regards even the Russian project as a decided step in advance over the present condition of affairs as regards arbitration, but from the point of view of the practical man- the point of view of efficient. and critical public opinion all over the world— I venture to say most emphatically that we shall have done nothing whatever if we separate without having established a permanent tribunal of arbitration."

This closed the preliminary discussion, and the Committee thereupon proceeded to the adoption of the following Articles - the cordial adherence of the German Empire having been subsequently obtained Subsequent and announced to the Committee at a later meeting adherence of by Professor Zorn, who stated that his Government Germany. fully recognized the importance and the grandeur

of the new institution."

cordial

ARTICLE 20. With the object of facilitating an A court to be immediate recourse to arbitration for international organized.

S

Chapter V

Jurisdiction.

Bureau and

differences which could not be settled by diplomatic methods, the Signatory Powers undertake to organize a permanent Court of Arbitration accessible at all times, and acting, unless otherwise stipulated by the parties, in accordance with the rules of procedure included in the present Convention.

ARTICLE 21. The permanent court shall have jurisdiction of all cases of arbitration, unless there shall be an agreement between the parties for the establishment of a special tribunal.

The proposition of Count de Macedo of Portugal to indicate in the body of this Article a preference on the part of the Signatory Powers for recourse to the permanent tribunal, was not adopted, for the reason that it appeared to the Committee, and subsequently to the Conference, that such preference was suffi ciently indicated by the very fact of the establishment of the permanent tribunal, and the desire to avoid everything which could by any possibility be regarded as limiting, even by suggestion, the entire liberty of the Powers.

ARTICLE 22. An international Bureau shall be record office. established at The Hague, and shall serve as the record office for the Court. This Bureau shall be the medium of all communications relating to the Court. It shall have the custody of the archives, and shall conduct all the administrative business. The Signatory Powers agree to furnish the Bureau at The Hague with a certified copy of every agreement of arbitration arrived at between them, and of any award therein rendered by a special tribunal. They also undertake to furnish the Bureau with the laws,

rules, and documents, eventually declaring the execu-Chapter V tion of the judgments rendered by the Court.

documents.

The United States of America endeavored to add Publication of to this Article a provision looking to the publication of documents and records, and requiring the Bureau to furnish any one paying the cost of transcription and certification, with duly authenticated copies of any papers filed in the record office. The Committee was of the opinion that such a rule might conceivably interfere with the rights and interests of litigating Powers, especially if no restriction were adopted regarding the time of making the application for such copies. It was thought best to leave this question to the regulation of the Bureau itself and the council of administration, in the hope that every possible facility would be given, in the interests of the development of the science of international law, to the free publication of all documents connected with litigations before the court which may be of scientific or general interest.

office of

ARTICLE 23. Within three months following the Appointment ratification of the present act, each Signatory Power and term of shall select not more than four persons, of recognized judges. competence in questions of international law, enjoying the highest moral reputation, and disposed to accept the duties of arbitrators. The persons thus selected shall be enrolled as members of the Court, upon a list which shall be communicated by the Bureau to all the Signatory Powers. Any alteration in the list of arbitrators shall be brought to the knowledge of the Signatory Powers by the Bureau.