[2] The Commission decides to publish Chevalier DESCAMPS' work under its auspices, without, however, involving his responsibility.

His Excellency Count Nigra makes himself the spokesman of the members present in expressing their gratitude to the Government of Her Majesty the QUEEN OF THE NETHERLANDS for the publication of Mr. VAN DAEHNE VAN VARICK, entitled "Actes et documents relatifs au programme de la Conférence de la Paix."

As the work of the Commission is of special interest to the public, Baron Bildt expresses the wish that the bureau will furnish the press with rather full information.

The President recalls that the three Commissions cannot adopt different lines of conduct in their reports to the press. It is within the province of the bureau of the Conference, acting for all the Commissions, to settle this question.

His Excellency Count Nigra speaks to the same effect. Messrs. Martens, Descamps, Zenil, and Okolicsányi are of the opinion that there are serious objections to communications to the press regarding the status of the Commission's work.

Jonkheer van Karnebeek believes that the work of the Commissions being of a preparatory nature, it would be very dangerous to make it known to the public.

His Excellency Count Nigra, for the same reason, moves the previous question against the motion on this subject.

Mr. Asser likewise is of the opinion that the motion is beyond the competence of the Commissions.

In view of these observations, Baron Bildt does not insist upon his proposal's being put to vote.

The President having recalled that the Third Commission will meet again next Friday at 2 o'clock, the meeting adjourns.

SECOND MEETING

MAY 26, 1899

Mr. Léon Bourgeois presiding.

The minutes of the preceding meeting are read and adopted.

The President reads a letter from his Excellency Mr. STAAL accompanied by two documents entitled:

(1) "Outline for the preparation of a draft convention to be concluded by the Powers participating in the Hague Conference."

(2) "Draft arbitral code."

In turning these documents over to the Bureau, the PRESIDENT thanks the Imperial Russian Government for having furnished a definite basis for the deliberations of the Commission. He asks permission to indicate the questions which it seems to him should be examined by the Commission and thus to outline the plan and the order of the work to be undertaken. He does not intend, of course, to prejudge the solutions of any of the questions, nor to express in any manner his personal ideas, which his position as PRESIDENT does not permit him to voice at this time.

It is proper, says he, to examine first of all the general principle which brings us together.

Do we all agree, following the expression of Mr. DESCAMPS, to try to estab lish relations between nations preferably according to law, and to regulate them, in case of dispute, according to justice? In other words, is it more desirable to have recourse to peaceful means rather than to force in settling disputes between nations?

If we all agree upon this general principle, we shall then have to seek means of arriving at this result.

Failing the customary channels of diplomacy, which can assure friendly agreement directly, we shall seek means for friendly agreement indirectly by mediation. That might constitute the first chapter of our discussions.

Apart from mediation and by means still peaceful, but in this instance final, we shall have to examine arbitral procedure.

[3] In the case of recourse to arbitration we must determine and enumerate the cases in which such recourse is possible.

We shall then ask ourselves whether there are cases where nations can

agree in advance that this recourse shall be obligatory.

It will next be necessary to establish in advance an arbitral procedure accepted by all. On all these points we can take the Russian project, which has just been distributed, as our guide.

The cases where arbitration is conventionally obligatory or optional having

been established, and the procedure having been fixed, what means shall be employed to make the practice general?

Will it be preferable to proceed by extending the system of permanent arbitration treaties by introducing the arbitration clause in international acts?

Or, on the contrary, shall there be established a permanent international institution to act:

(1) As an intermediary, to remind the parties of the existence of the conventions, of the possible application of arbitration, and to offer to set the procedure in motion;

(2) As a means of conciliation previous to any judicial discussion;
(3) Finally, as a court in the form of an international tribunal.

If the Commission approves this suggestion, the order of our discussions will be expedited. (Assent.)

Before taking up the examination of the Russian project, the President inquires whether any other members of the Commission have similar proposals to make.

His Excellency Sir Julian Pauncefote reads the following motion:

Permit me, Mr. PRESIDENT, to ask you before going deeper into the matter, if it would not be useful and opportune to sound the Commission on the subject which I believe to be the most important, that is, the establishment of a permanent international court of arbitration, which you have touched upon in your remarks.

Many arbitration codes and rules of procedure have been made, but the procedure has up to the present time been regulated by the arbitrators or by general or special treaties.

Now it seems to me that new codes and rules of arbitration, whatever be their merit, do not greatly advance the great cause which brings us together.

If we want to make a step forward, I believe that it is absolutely necessary to organize a permanent international tribunal which may be able to assemble at once upon the request of the disputing nations. This principle being established, I do not believe that we shall have much difficulty in agreeing on the details. The necessity of such a tribunal and the advantages which it would offer, as well as the encouragement and even inspiration which it would give to the cause of arbitration, has been demonstrated with much eloquence and force and clearness, by our distinguished colleague, Mr. DESCAMPS, in his interesting essay on arbitration, an extract from which is included in the acts and documents so graciously furnished to the Conference by the Netherland Government. There is therefore nothing more for me to say upon this subject, and I shall be grateful to you, Mr. PRESIDENT, if before going any further, you consent to receive the ideas and sentiments of the Commission upon the proposition which I have the honor to submit concerning the establishment of a permanent international court of arbitration.

His Excellency Count Nigra says that he will be grateful to Sir JULIAN PAUNCEFOTE if he will not insist upon the place which he desires his proposal to have in the general order of the work of the Commission. He thinks it would. be preferable to follow the order which has been indicated by the PRESIDENT and to take up the examination of the English proposal last of all, as it looks as if it would encounter certain difficulties.

His Excellency Mr. Beernaert supports Count NIGRA'S point of view. He

remarks that the proposal so happily presented by Sir JULIAN PAUNCEFOTE finds the Commission unprepared. It would certainly be of advantage to give its members time to examine the proposal and, if need be, to consult their respective Governments.

The same observation applies to his Excellency Mr. STAAL'S proposals. His Excellency Mr. BEERNAERT asks whether the English proposal is in writing.

Sir Julian Pauncefote replies that he desired merely to learn the sentiments of the Commission on the principle; he reserves the right to formulate later a definite proposal, if this principle is adopted.

He does not insist upon immediate discussion.

The President states that two proposals have been filed with the Bureau: (1) the Russian project; (2) the British motion.

It would seem to be difficult for the Commission to take up at once the discussion of these texts and he proposes that they be subjected to a preliminary examination by a special committee.

[4] Chevalier Descamps suggests that the bureau be entrusted with the designation of the members of this committee.

The President asks whether the Commission does not think that it ought to make these appointments itself.

On the intervention of Count Nigra, it is decided that the committee of examination shall be appointed in conformity with Chevalier DESCAMPS' proposal.

The President states that this course will be followed and that the bureau, consisting of the honorary presidents, the president, and vice-presidents, will proceed to select the special committeemen, subject, however, to confirmation by the Commission.

Before suspending the meeting, the PRESIDENT asks permission to state a fact which seems to him to be of the greatest significance:

The assembly, he says, has seemed to be unanimously of the opinion that it is better to have recourse to peaceful means than to force for the settlement of differences between nations. I think that the affirmation of this idea, which is common to all, defines the scope of this meeting and permits us to pass advantageously to the discussion of its application. (General applause.)

On the proposal of Chevalier Descamps, the meeting is suspended to allow the bureau to designate the members of the committee of examination.

On the resumption of the meeting, the President submits the following list to the Commission: Messrs. ASSER, DESCAMPS, D'ESTOURNELLES, HOLLS, LAMMASCH, MARTENS, ODIER, and ZORN.

After an exchange of views by several of the members, the Commission decides to leave it to the PRESIDENT to call the next meeting on one of the days set for the rotation of the work.

It is understood that Sir JULIAN PAUNCEFOTE's motion will be referred to the same committee of examination, as well as all other proposals of the same kind that may be presented.

The President reads a communication from his Excellency Mr. STAAL, supplementing the Russian proposal.

This document will be printed and distributed at the same time as Sir JULIAN PAUNCEFOTE's motion and referred to the committee of examination.

The meeting adjourns.

THIRD MEETING

JUNE 5, 1899

Mr. Léon Bourgeois presiding.

The President takes the floor and speaks as follows:

Gentlemen, you have all heard that a terrible misfortune has just befallen one of the most distinguished members of the Conference.

The daughter of Dr. ROTH, the first delegate of Switzerland, has been killed in a railroad accident, and the circumstances under which this sad event occurred makes the sorrow that has come to our colleague still more cruel.

You will feel that it is impossible to proceed with your customary work before expressing your sentiments of deep and sincere condolence. The PRESIDENT of the Conference has already made himself the spokesman of us all by sending the following telegram to Dr. ROTH:

Sharing most sincerely the grief that has come to you, all the members of the Conference desire to express to you their profound sympathy in this cruel bereavement.

(Signed) STAAL, President of the Conference.

You will join with me in thanking Mr. STAAL for having already expressed to our colleague the sympathetic sentiments which we all feel. (General assent.)

Mr. Odier thanks the members of the Conference in the name of Dr. ROTH for their expressions of sympathy to the first delegate of Switzerland on the occasion of his affliction.

[5] The minutes of the meeting of May 26 are read and approved.

Mr. Beldiman asks to be allowed to make an observation in reply to an appeal to the discretion of the members of the Conference, which was addressed to them by one of the secretaries general. A certain document marked “secret," which was recently distributed, had been published four days previously in the Times and reproduced the next day in the Cologne Gazette. It was the American project relative to the establishment of a permanent court of arbitration. He desires to remark that under these circumstances there can be no question as to the discretion of the members of the Commission.

The President officially acknowledges Mr. BELDIMAN'S observation and states that the document was not made public by the bureau.

The PRESIDENT says that the committee of examination appointed at the last meeting has been organized with Chevalier DESCAMPS as its president and Baron D'ESTOURNELLES as its secretary. It has held several meetings, in the course of which it has examined the original Russian proposal and some of the other pro