[Executive S, Sixtieth Congress, first session-Confidential.] DISCHARGING PROJECTILES FROM BALLOONS. A DECLARATION SIGNED BY THE DELEGATES OF THE UNITED STATES TO THE SECOND INTERNATIONAL PEACE CONFERENCE HELD AT THE HAGUE FROM JUNE 15 TO OCTOBER 18, 1907, PROHIBITING THE DISCHARGE OF PROJECTILES AND EXPLOSIVES FROM BALLOONS. FEBRUARY 27, 1908.-Read; declaration read the first time and referred to the Committee on Foreign Relations, and, together with the message and accompanying papers, ordered to be printed in confidence for the use of the Senate. MARCH 10, 1908.-Ratified. 1 The Undersigned, Plenipotentiaries of the Powers invited to 2 the Second International Peace Conference at The Hague, duly 3 authorized to that effect by their Governments, inspired by the 4 sentiments which found expression in the Declaration of St. 5 Petersburg of the 29th November (11th December), 1868, and 6 being desirous of renewing the declaration of The Hague of the 7 29th July, 1899, which has now expired, 8 9 Declare: The Contracting Powers agree to prohibit, for a period extend10 ing to the close of the Third Peace Conference, the discharge of 11 projectiles and explosives from balloons or by other new methods 12 of a similar nature. 13 The present Declaration is only binding on the Contracting 14 Powers in case of war between two or more of them. 15 It shall cease to be binding from the time when, in a war 16 between the Contracting Powers, one of the belligerents is joined 17 by a non-Contracting Power. 18 19 20 The present Declaration shall be ratified as soon as possible. A procès-verbal shall be drawn up recording the receipt of the 21 ratifications, of which a duly certified copy shall be sent, through 22 the diplomatic channel, to all the Contracting Powers. 1 Non-Signatory Powers may adhere to the present Declaration. 2 To do so, they must make known their adhesion to the Con3 tracting Powers by means of a written notification, addressed 4 to the Netherland Government, and communicated by it to all 5 the other Contracting Powers. 6 In the event of one of the High Contracting Parties denounc7 ing the present Declaration, such denunciation shall not take 8 effect until a year after the notification made in writing to the 9 Netherland Government, and forthwith communicated by it to 10 all the other Contracting Powers. 11 This denunciation shall only have affect in regard to the 12 notifying Power. 13 In faith whereof the Plenipotentiaries have appended their 14 signatures to the present Declaration. 15 Done at The Hague, the 18th October, 1907, in a single copy, 16 which shall remain deposited in the archives of the Netherland 17 Government, and duly certified copies of which shall be sent, 18 through the diplomatic channel, to the Contracting Powers. [Executive K, Sixtieth Congress, first session-Confidential.] STATUS OF ENEMY MERCHANT SHIPS. [Not signed by the delegates of the United States-Not ratified by the Senate.] A CONVENTION ADOPTED BY THE SECOND INTERNATIONAL PEACE CONFERENCE, HELD AT THE HAGUE FROM JUNE 15 TO OCTOBER 18, 1907, RELATIVE TO THE STATUS OF ENEMY MERCHANT SHIPS AT THE OUTBREAK OF HOSTILITIES. FEBRUARY 27, 1908.-Referred to the Committee on Foreign Relations and ordered to be printed in confidence for the use of the Senate. 1 3 7 [Not reported.] His Majesty the German Emperor, King of Prussia; the 2 President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, 4 King of Bohemia, &c., and Apostolic King of Hungary; His 5 Majesty the King of the Belgians; the President of the Repub6 lic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the Pres8 ident of the Republic of Chile; His Majesty the Emperor of 9 China; the President of the Republic of Colombia; the Provi10 sional Governor of the Republic of Cuba; His Majesty the 11 King of Denmark; the President of the Dominican Republic; 12 the President of the Republic of Ecuador; His Majesty the 13 King of Spain; the President of the French Republic; His 14 Majesty the King of the United Kingdom of Great Britain and 15 Ireland and of the British Dominions beyond the Seas, Em16 peror of India; His Majesty the King of the Hellenes; the 17 President of the Republic of Guatemala; the President of the 18 Republic of Haïti; His Majesty the King of Italy; His Majesty 19 the Emperor of Japan; His Royal Highness the Grand Duke 20 of Luxemburg, Duke of Nassau; the President of the United 21 States of Mexico; His Royal Highness the Prince of Monte22 negro; the President of the Republic of Nicaragua; His Majesty 23 the King of Norway; the President of the Republic of Panamá; 24 the President of the Republic of Paraguay; Her Majesty the 1 Queen of the Netherlands; the President of the Republic of Peru; 2 His Imperial Majesty the Shah of Persia; His Majesty the 3 King of Portugal and of the Algarves, &c.; His Majesty the 4 King of Roumania; His Majesty the Emperor of All the Russias; 5 the President of the Republic of Salvador; His Majesty the 6 King of Servia; His Majesty the King of Siam; His Majesty 7 the King of Sweden; the Swiss Federal Council; His Majesty 8 the Emperor of the Ottomans; the President of the Oriental 9 Republic of Uruguay; the President of the United States of 10 Venezuela: 11 Anxious to ensure the security of international commerce 12 against the surprises of war, and wishing, in accordance with 13 modern practice, to protect as far as possible operations under14 taken in good faith and in process of being carried out before 15 the outbreak of hostilities, have resolved to conclude a Conven16 tion to this effect, and have appointed the following persons as their Plenipotentiaries: 17 18 19 [For names of Plenipotentiaries, see Final Act, supra.] Who, after having deposited their full powers, found in good 20 and due form, have agreed upon the following provisions:ARTICLE I. 21 22 When a merchant-ship belonging to one of the belligerent 23 Powers is at the commencement of hostilities in an enemy port, 24 it is desirable that it should be allowed to depart freely, either 25 immediately, or after a reasonable number of days of grace, 26 and to proceed, after being furnished with a pass, direct to its 27 port of destination or any other port indicated. 28 The same rule should apply in the case of a ship which has 29 left its last port of departure before the commencement of the 30 war and entered a port belonging to the enemy while still igno31 rant that hostilities had broken out. 32 33 ARTICLE II. A merchant-ship unable, owing to circumstances of force 34 majeure, to leave the enemy port within the period contemplated 35 in the above Article, or which was not allowed to leave, can36 not be confiscated. 37 The belligerent may only detain it, without payment of com38 pensation, but subject to the obligation of restoring it after 39 the war, or requisition it on payment of compensation. 1 2 ARTICLE III. Enemy merchant-ships which left their last port of departure 3 before the commencement of the war, and are encountered on 4 the high seas while still ignorant of the outbreak of hostilities 5 cannot be confiscated. They are only liable to detention on the understanding that they shall be restored after the war without compensation, or to be requisitioned, or even destroyed, on payment of compensation, but in such case provision must 9 be made for the safety of the persons on board as well as the 10 security of the ship's papers. 6 7 8 11 After touching at a port in their own country or at a neutral 12 port, these ships are subject to the laws and customs of maritime war. 13 14 15 ARTICLE IV. Enemy cargo on board the vessels referred to in Articles I and 16 II is likewise liable to be detained and restored after the termi17 nation of the war without payment of compensation, or to be 18 requisitioned on payment of compensation, with or without the 19 ship. 20 21 22 23 The same rule applies in the case of cargo on board the vessels referred to in Article III. ARTICLE V. The present Convention does not affect merchant-ships whose 24 build shows that they are intended for conversion into war-ships. 25 26 ARTICLE VI. The provisions of the present Convention do not apply except 27 between Contracting Powers, and then only if all the belligerents 28 are parties to the Convention. 29 30 31 ARTICLE VII. The present Convention shall be ratified as soon as possible. 32 The first deposit of ratifications shall be recorded in a procès33 verbal signed by the Representatives of the Powers which take 34 part therein and by the Netherland Minister for Foreign Affairs. 35 The subsequent deposits of ratifications shall be made by means 36 of a written notification addressed to the Netherland Govern37 ment and accompanied by the instrument of ratification. |