its resolution adopted April 28, 1904, with the added suggestion that it may be desirable to consider and adopt a procedure by which states non-signatory to the original acts of the Hague Conference may become adhering parties. In the present state of the project, this Government is still indisposed to formulate a programme. In view of the virtual certainty that the President's suggestion of The Hague as the place of meeting of a second peace conference will be accepted by all the interested powers, and in view also of the fact that an organized representation of the signatories of the Acts of 1899 now exists at that capital, this Government feels that it should not assume the initiative in drawing up a programme, nor preside over the deliberations of the signatories in that regard. It seems to the President that the high task he undertook in seeking to bring about an agreement of the powers to meet in a second peace conference is virtually accomplished so far as it is appropriate for him to act, and that, with the general acceptance of his invitation in principle, the future conduct of the affair may fitly follow its normal channels. To this end it is suggested that the further and necessary interchange of views between the signatories of the Acts of 1899 be effected through the International Bureau under the control of the Permanent Administrative Council of The Hague. It is believed that in this way, by utilizing the central representative agency established and maintained by the powers themselves, an orderly treatment of the preliminary consultations may be insured and the way left clear for the eventual action of the Government of the Netherlands in calling a renewed conference to assemble at The Hague, should that course be adopted. You will bring this communication to the knowledge of the Minister for Foreign Affairs and invite consideration of the suggestions herein made. I am, etc., JOHN HAY. THE RUSSIAN AMBASSADOR TO THE SECRETARY OF STATE Mr. Secretary of State: [Translation] IMPERIAL EMBASSY OF RUSSIA, WASHINGTON, April 12, 1906. When it assumed the initiative of calling a second peace conference, the Imperial Government had in view the necessity of further developing the humanitarian principles on which was based the work accomplished by the great international assemblage of 1899. At the same time, it deemed it expedient to enlarge as much as possible the number of states participating in the labors of the contemplated conference, and the alacrity with which the call was answered bears witness to the depth and breadth of the present sentiment of solidarity for the application of ideas aiming at the good of all mankind. The first conference separated in the firm belief that its labors would subsequently be perfected from the effect of the regular progress of enlightenment among the nations and abreast of the results acquired from experience. Its most important creation, the International Court of Arbitration, is an institution that has already proved its worth and brought together, for the good of all, an areopagus of jurists who command the respect of the world. How much good could be accomplished by international commissions of inquiry towards the settlement of disputes between states has also been shown. There are, however, certain improvements to be made in the convention relative to the peaceful settlement of international disputes. Following recent arbitrations, the jurists assembled in court have raised certain questions of details which should be acted upon by adding to the said convention the necessary amplifications. It would seem especially desirable to lay down fixed principles in regard to the use of languages in the proceedings in view of the difficulties that may arise in the future as the cases referred to arbitral jurisdiction multiply. The modus operandi of international commissions of inquiry would likewise be open to improvement. As regards the regulating of the laws and customs of war on land, the provisions established by the first conference ought also to be completed and defined, so as to remove all misapprehensions. As for maritime warfare, in regard to which the laws and customs of the several countries differ on certain points, it is necessary to establish fixed rules in keeping with the exigencies of the rights of belligerents and the interests of neutrals. A convention bearing on these subjects should be framed and would constitute one of the most prominent parts of the tasks devolved upon the forthcoming conference. Holding, therefore, that there is at present occasion only to examine questions that demand special attention as being the outcome of the experience of recent years, without touching upon those that might have reference to the limitation of military or naval forces, the Imperial Government proposes for the programme of the contemplated meeting the following main points: 1. Improvements to be made in the provisions of the convention relative to the peaceful settlement of international disputes as regards the Court of Arbitration and the international commissions of inquiry. 2. Additions to be made to the provisions of the convention of 1899 relative to the laws and customs of war on land-among others, those concerning the opening of hostilities, the rights of neutrals on land, etc. Declarations of 1899. One of these having expired, question of its being revived. 3. Framing of a convention relative to the laws and customs of maritime warfare, concerning: The special operations of maritime warfare, such as the bombardment of ports, cities and villages by a naval force; the laying of torpedoes, etc. The transformation of merchant vessels into warships. The length of time to be granted to merchant ships for their departure from ports of neutrals or of the enemy after the opening of hostilities. The rights and duties of neutrals at sea-among others the questions of contraband, the rules applicable to belligerent vessels in neutral ports; destruction, in cases of vis major, of neutral merchant vessels captured as prizes. In the said convention to be drafted, there would be intro duced the provisions relative to war on land that would be also applicable to maritime warfare. 4. Additions to be made to the convention of 1899 for the adaptation to maritime warfare of the principles of the Geneva Convention of 1864. As was the case at the conference of 1899, it would be well understood that deliberations of the contemplated meeting should not deal with the political relations of the several states, or the condition of things established by treaties, or in general with questions that did not directly come within the programme adopted by the several cabinets. The Imperial Government desires distinctly to state that the data of this programme and the eventual acceptance of the several states clearly do not prejudge the opinion that may be delivered in the conference in regard to the solving of the questions brought up for discussion. It would likewise be for the contemplated meeting to decide as to the order of the questions to be examined and the form to be given to the decisions reached, as to whether it should be deemed preferable to include some of them in new conventions or to append them, as additions, to conventions already existing. In formulating the above-mentioned programme, the Imperial Government bore in mind, as far as possible, the recommendations made by the First Peace Conference, with special regard to the rights and duties of neutrals, the private property of belligerents at sea, the bombardment of ports, cities, etc. It entertains the hope that the Government of the United States will take the whole of the points proposed as the expression of a wish to come nearer that lofty ideal of international justice that is the permanent goal of the whole civilized world. By order of my Government, I have the honor to acquaint you with the foregoing, and awaiting the reply of the Government of the United States, with as little delay as possible, I embrace this opportunity to beg you, Mr. Secretary of State, to accept the assurance of my very high consideration. ROSEN. THE RUSSIAN AMBASSADOR TO THE SECRETARY OF STATE [Translation] IMPERIAL EMBASSY OF RUSSIA, Mr. Secretary of State: Supplementing the note dated April 12, relative to the programme of the Second Peace Conference I am charged by the Imperial Government to submit to the favorable attention of the Government of the United States the following considerations: The inclosed list shows that among the States invited to participate in the labors of the contemplated meeting there are several that have not taken part in the first conference of 1899. It can but subserve the lofty purpose pursued by these great humanitarian gatherings to increase the number of the powers which join in agreements so beneficial to universal peace. But, on the other hand, a difficulty, of form only, that stands in the way of the admission, pure and simple, of new States must be taken into account. If, as supposed by the Imperial Government, the forthcoming conference is to be called upon to perfect the provisions of 1899, a formal adhesion to the three conventions of The Hague should be formulated by the States which have newly convoked and would, thereafter, take part in the general deliberations over the additions or amendments to the said provisions. As to the convention relative to the peaceful settlement of international disputes, it contains in Article 60 the following stipulation concerning eventual accessions: The conditions on which the powers who were not represented at the International Peace Conference can adhere to the present convention shall form the subject of a subsequent agreement among the contracting powers. As the agreement thus referred to has not been effected, it seems necessary to find a practical means of adjusting this formality, and the Imperial Government suggests that, on the opening of the second conference, the representatives of the States parties to the first conference sign the following protocol: The Representatives at the Second Peace Conference of the States signatories of the Convention of 1899 relative to the peaceful settlement |