be

of B

ment

Cases

ressels

itionala

of suir After the enumeration of topics suggested for discussion, es of the Russian rescript of January 11, 1899, continued: "It is quite understood that all questions concerning the political relations of states, and the order of affairs established by treaties, as in general all questions which do not d'in sat fall directly within the programme adopted by the cabinets, should be excluded absolutely from the deliberations of the e la conference." In Baron de Staal's opening address to the conference, he too emphasized this exclusiveness of the programme by saying, after its eight topics had been assigned to the first three commissions: "It is understood cts that, outside of the topics mentioned above, the conference cat does not consider itself competent to consider any other question. In case of doubt the conference shall have to decide whether any proposition, originating in the commissions, is or is not within the scope of the topics outlined.” This ruling of the president was adhered to, and in the few instances where new propositions were introduced in commissions or subcommissions, the conference declined their discussion on the ground of "no jurisdiction."

Russi

thre

b. THE CONFERENCE OF 1907

When the Russian government issued its call for the second conference, April 6, 1906 (Russian style, March 24, 1906), it published a programme of topics for discussion, and as introduction to it said: In taking the initiative in convoking a second Conference of the Peace, the Imperial Government has had in view the necessity of giving a new development to the humanitarian principles which served as the basis of work for the great international assembly of 1899." After stating the reasons for this necessity

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in regard to arbitration and warfare upon land and sea, the Russian circular continues:

"Believing, then, that there is reason at present for proceeding with the examination of only those questions which are especially prominent, inasmuch as they have arisen from the experience of recent years, and without raising those which concern the restriction of military or naval forces, the Imperial Government proposes as the programme of the projected meeting the following principal points:

"1. Improvements in those provisions of the convention relative to the settlement of international disputes which have to do with the Court of Arbitration and the International Commissions of Inquiry.

"2. Additions to the provisions of the convention relative to the laws and customs of warfare on land: among others, those concerning the opening of hostilities, the rights of neutrals on land, etc.; and, one of the declarations of 1899 having lapsed, the question of its renewal.

"3. The elaboration of a convention relative to the laws and customs of maritime warfare, concerning:

66

special operations of maritime warfare, such as the bombardment by a naval force of cities, towns and villages, the placing of torpedoes,

etc.;

"the transformation of merchant vessels into war ships;

the treatment of the private property of belligerents on the sea; the interval of grace accorded to merchant vessels for leaving neutral ports or the ports of the enemy after the opening of hostilities; "the rights and duties of neutrals on the sea: among others, questions of contraband, the treatment of belligerent ships in neutral ports, the destruction by superior force of neutral merchant vessels captured as prizes.

In this convention, also, should be introduced provisions relative to warfare on land which might be equally applicable to warfare on

the sea.

"4. Additions to the convention of 1899 for the adaptation to maritime warfare of the principles of the Geneva Convention of 1864."

The above programme was subjected to the following condition: "As was the case with the Conference of

1899, it will remain quite understood that the deliberations of the proposed assembly should affect neither the political relations between states, nor the order of affairs established by treaties, nor, in general, the questions which do not fall directly within the programme adopted by the cabinets."

This condition, however, was not indorsed by all of the governments when they accepted the Russian invitation to be represented at the conference, and they accordingly made certain reserves. The United States reserved the liberty of submitting two supplementary questions, namely: that of the reduction or limitation of armaments, and that of an agreement to observe certain limitations in the use of force for the collection of ordinary public debts arising from contracts.

Spain expressed its desire to discuss the limitation of armaments, and reserved the right of introducing this question.

Great Britain announced that it attached great importance to having the question of expenditures for armaments discussed, and reserved the right of introducing it; it also reserved the right of abstaining from the discussion of any question mentioned in the Russian programme which should appear to it to lead to no useful result.

Japan believed that certain questions not specifically enumerated in the programme might be profitably included among those to be examined, and reserved the right of abstaining or withdrawing from any discussion taking or promising to take a direction not conducive, in its judgment, to a useful result.

Bolivia, Denmark, Greece, and the Netherlands also reserved the right of proposing for consideration other

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subjects analogous to those specifically mentioned in Russian programme.

Germany and Austria reserved the right of abstai from the discussion of any question not appearing to towards a practical result.

Even Russia, after being informed of these various r vations, declared that it would maintain its program April, 1906, as the basis of the deliberations of the co ence, but that it would reserve in its turn the right o staining from the discussion of any question not appe to tend towards a practical result.

At least eleven of the countries invited having made vations as to the programme, and some of them in a positive, not to say belligerent, manner, it looked for a as though the second Peace Conference would have a stormy career, or would probably not enter upon any at all. But through the persuasive influence of macy, and especially, it is believed, as a result of a made by Professor de Martens, of Russia, to several great powers which had made reservations, it was de that they would send representatives to the conferenc that, in the words of Chancellor von Bülow, of Ger they would be "content to leave to those powers whi convinced that such discussions will yield a gen successful result, the burden of carrying them on.

This decision was carried out, and all the powers represented at the conference; but at its second s (its first real business session), the United States d tion reserved the right of presenting "the question of t lection of public debts by force, or any other questi mentioned in the programme"; and the British dele also reserved "the right of formulating new propo

later." President Nelidow admitted the right claimed by the two delegations, but ruled that every new proposition, not included within the subjects enumerated in the programme, should first be communicated in writing to the president of the conference and immediately printed and distributed among the members. This ruling was accepted, and thus the first great obstacle of the second conference was avoided.