Chapter VI italienne. the American La réciprocité devra résulter de lois Memorial of locales, de conventions diplomatiques, ou de déclaraCommission. tions faites par l'ennemi avant le commencement de la guerre.' (Art. 211.) "And in the correspondence with Mr. Middleton, the Representative of the United States at the Russian Court, Count Nesselrode, so eminent in the service of Russia, said that the Emperor sympathized with the opinions and wishes of the United States, and that, as soon as the Powers whose consent he considers as indispensable shall have shown the same disposition, he will not be wanting in authorizing his ministers to discuss the different articles of an act which will be a crown of glory to modern diplomacy.' "In this rapid survey of the course which the United States have pursued during more than a century, Your Excellency will note abundant illustration of the fact above stated- namely, that the instructions under which we now act do not result from the adoption of any new policy by our Government, or from any sudden impulse of our people, but that they are given us in continuance of a policy adopted by the United States in the first days of its existence and earnestly urged ever since. "Your Excellency will also remember that this policy has been looked upon as worthy of discussion in connection with better provisions for international peace, not only by eminent statesmen and diplomatists in the active service of various great nations, but that it has also the approval of such eminent recent authorities in international law as Bluntschli, Chapter VI Pierantoni, De Martens, Bernard, Massé, De Laveleye, Nys, Calvo, Maine, Hall, Woolsey, Field, Amos, and many others. "We may also recall to your attention that the Institute of International Law has twice pronounced in its favor. "The proposition which we are instructed to present may be formulated as follows: proposed "The private property of all citizens or subjects Text of the of the signatory Powers, with the exception of contra- article. band of war, shall be exempt from capture or seizure on the high seas or elsewhere by the armed vessels or by the military forces of any of the said signatory Powers. But nothing herein contained shall extend exemption from seizure to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of any of the said Powers. "La propriété privée de tous les citoyens ou sujets des Puissances signataires, à l'exception de la contrabande de guerre, sera exempte en pleine mer ou autre part de capture ou de saisie par les navires armés ou par les forces militaires des dites Puissances. Toutefois cette disposition n'implique aucunement l'inviolabilité des navires qui tenteraient d'entrer dans un port bloqué par les forces navales des susdites Puissances, ni des cargaisons des dits navires.' "As regards the submission of this question to the Conference at this time, we most respectfully present the following additional observations. "At the second session of the Conference held on Chapter VI Text of the proposed article. the 20th of May, it was decided in connection with the establishment of the three Commissions to which were referred the various articles of the Russian circular of December 30, 1898/January 11, 1899, as follows: "Il est entendu qu'en dehors des points mentionnés ci-dessus, la Conférence ne se considère comme compétente pour l'examen d'aucune autre question. En cas de doute la Conférence aurait à décider si telle ou telle proposition émise dans les commissions rentrerait ou non dans le cadre tracé par ces points.' "The fact that we have received the instructions herein referred to, from the President of the United States, shows that the scope of the Conference was believed by our Government to be wide enough to include this question. "The invitation from the Government of the Netherlands in response to which we are here invites us as follows, afin de discuter les questions exposées dans la seconde circulaire russe du 30 decembre 1898/11 janvier 1899, ainsi que toutes autres questions se rattachant aux idées émises dans la circulaire du 12/24 août 1898; avec exclusion, toutefois, des délibérations de tout ce qui touche aux rapports politiques des États ou à l'ordre de choses établi par les traités.' "We respectfully submit that a rule of war relating to the amelioration of its hardships as practised upon the sea attaches as fairly to the ideas put forth in the Russian circular of August 12/24, 1898, as the stipulations of the Geneva Convention or the Rules of War relating to operations on land of the Chapter VI Brussels Conference of 1874. If the Russian circular of December 30, 1898/January 11, 1899, did not specifically mention this question, the Government of the United States has assumed that it was because the Russian Government wished the Conference to decide for itself whether the question should be discussed. "It would certainly appear from the foregoing statements that there is here at least a case of doubt calling for submission to the Conference as is contemplated in the resolution adopted by the Conference on the 29th of May, and in view of this fact the Delegation of the United States of America respectfully request that the matter be submitted by Your Excellency to the proper Commission or to the Conference itself, that it may be decided whether our proposal is among those which should now be considered. "In submitting this request allow us to present to Your Excellency the assurance of our most distinguished consideration. "ANDREW D. WHITE, President. "STANFORD NEWEL. "A. T. MAHAN. "WILLIAM CROZIER. "FREDERICK W. HOLLS, Secretary." This letter was referred by the President to the Second Committee, and at the meeting of the full Chapter VI de Martens. Conference on July 5, M. de Martens of Russia, in Speech of M. a speech in which he paid a hearty tribute to the historic adherence of the United States to the great principle concerned, reported from this Committee that the Committee did not consider itself competent to discuss the subject, and that it was therefore not ready to consider the question upon its intrinsic merits, but that it had instructed him to report in favor of a resolution, to be adopted by the Conference, expressing the hope that the whole subject would be included in the programme of a future Conference. Speech of Ambassador White, the President of the American Commission, thereupon made the following speech : "MR. PRESIDENT:- The Memorial which I have had the honor of presenting to the Conference shows that for more than a century the Government of the United States has steadily and earnestly endeavored to secure the adoption of the principle therein advocated, namely: the principle of immunity from seizure in time of war of all private property, except contraband. "In heartily responding to the appeal of His Majesty, the Emperor of Russia, and to the invitation of the Government of the Netherlands to take part in this Conference, my Government desired not only to give its support to the main purposes announced in the Imperial Circular, but to place this principle once more before the world, in the hope that it might be definitely incorporated into International Law. "The Commission have found several of the delegations ready to accept this proposal, and sundry |