See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PARTIES:

"Fanatics."

See (in this volume)

BRAZIL: A. D. 1897.

PARTIES:

"Free Silver" Democracy.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER)

and 1900 (MAY-NOVEMBER).

PARTIES:

Fuyu-to (Liberals).

See (in this volume)

JAPAN: A. D. 1890-1898.

PARTIES:

German Democrats.

See (in this volume)

GERMANY: A. D. 1898 (JUNE).

PARTIES:

German Liberal party, Austria.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PARTIES:

German People's party.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PARTIES:

Gold Democrats.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER).

PARTIES:

Hintchak, The.

See (in this volume)

TURKEY: A. D. 1895.

PARTIES:

Historic Christian party.

See (in this volume)

NETHERLANDS: A. D. 1897.

PARTIES:

Kai-shin-to (Progressives).

See (in this volume)

JAPAN: A. D. 1890-1898.

PARTIES:

Kensei-to (Constitutional party).

See (in this volume)

JAPAN: A. D. 1898-1899.

PARTIES:

Labor party, French (Parti Ouvrier).

See (in this volume)

FRANCE: A. D. 1896 (APRIL-MAY).

PARTIES:

Liberal Democrats (German).

See (in this volume)

GERMANY: A. D. 1898 (JUNE).

PARTIES:

Liberal Unionists (German).

See (in this volume)

GERMANY: A. D. 1898 (JUNE).

PARTIES:

Lincoln party.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1900 (MAY-NOVEMBER), SILVER REPUBLICAN.

PARTIES:

Little England party.

See (in this volume)

LITTLE ENGLAND PARTY.

PARTIES:

Middle-of-the-Road Populists.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER);

and 1900 (MAY-NOVEMBER).

PARTIES:

National Democratic party.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER).

PARTIES:

National Liberals (German).

See (in this volume)

GERMANY: A. D. 1898 (JUNE).

PARTIES:

National party, 1896 and 1900.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER);

and 1900 (MAY-NOVEMBER).

PARTIES:

National Silver party.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER).

PARTIES:

New Radical party.

See (in this volume)

ENGLAND: A. D. 1896 (MAY).

PARTIES:

Old Czechs.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PARTIES:

Pan-Germanic Union.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1901.

PARTIES:

Patriotic League.

See (in this volume)

FRANCE: A. D. 1898 (MAY-NOVEMBER).

PARTIES:

Polish Club.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PARTIES:

Progressives (Kaishin-to).

See (in this volume)

JAPAN: A. D. 1890-1898.

PARTIES:

Progressives (Cape).

See (in this volume)

SOUTH AFRICA (CAPE COLONY):

A. D. 1898; and 1898 (MARCH-OCTOBER).

PARTIES:

Protestant Anti-Revolutionists.

See (in this volume)

NETHERLANDS: A. D. 1897.

PARTIES:

Rikken Seiyu-kai

Association of Friends of the Constitution.

See (in this volume)

JAPAN: A. D. 1900 (AUGUST-OCTOBER).

PARTIES:

Siah Chai, The.

See (in this volume)

CHINA: A. D. 1895 (AUGUST).

PARTIES:

Silver Republicans.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER);

and 1900 (MAY-NOVEMBER).

PARTIES:

Socialist parties.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897;

FRANCE: A. D. 1896 (APRIL-MAY);

GERMANY: A. D. 1894-1895, and 1898 (JUNE);

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER),

and 1900 (MAY-NOVEMBER).

PARTIES:

"Sound Money" Democrats.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER).

PARTIES:

United Christian party.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1900 (MAY-NOVEMBER).

PARTIES:

United Irish League.

See (in this volume)

IRELAND: A. D. 1900-1901.

PARTIES:

"Vegetarians."

See (in this volume)

CHINA: A. D. 1895 (AUGUST).

PARTIES:

Verfassungstreue Grossgrundbesitz.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PARTIES:

Volkspartei.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PARTIES:

Young Czechs.

See (in this volume)

AUSTRIA-HUNGARY: A. D. 1897.

PATRIARCHATE: Re-established at Alexandria.

See (in this volume)

PAPACY: A. D. 1896 (MARCH).

PATRIOTIC LEAGUE.

See (in this volume)

FRANCE: A. D. 1898 (MAY-NOVEMBER).

{352}

PAUNCEFOTE, Sir Julian:

British commissioner to the Peace Conference at The Hague.

See (in this volume)

PEACE CONFERENCE.

----------PARTIES: End--------

----------PEACE CONFERENCE.: Start--------

PEACE CONFERENCE:

On the 24th of August, 1898, without previous heralding or

intimation, Count Mouravieff, the Russian Minister for Foreign

Affairs, placed copies of the following momentous proposal

from the Tsar in the hands of all the foreign representatives

attending his weekly reception at St. Petersburg:

"The maintenance of universal peace and a possible reduction

of the excessive armaments which weigh upon all nations

represent, in the present condition of affairs all over the

world, the ideal towards which the efforts of all Governments

should be directed. This view fully corresponds with the

humane and magnanimous intentions of His Majesty the Emperor,

my august Master. Being convinced that this high aim agrees

with the most essential interests and legitimate aspirations

of all the Powers, the Imperial Government considers the

present moment a very favourable one for seeking, through

international discussion, the most effective means of assuring

to all peoples the blessings of real and lasting peace, and

above all of limiting the progressive development of existing

armaments. During the last twenty years aspirations towards

general pacification have particularly asserted themselves in

the consciences of civilized nations. The preservation of

peace has been made the aim of international policy; for the

sake of peace the Great Powers have formed powerful alliances,

and for the purpose of establishing a better guarantee of peace

they have developed their military forces in an unprecedented

degree, and continue to develop them without hesitating at any

sacrifice. All these efforts, however, have not yet led to the

beneficent results of the desired pacification. The ever

increasing financial burdens strike at the root of public

prosperity. The physical and intellectual forces of the

people, labour and capital, are diverted for the greater part

from their natural application and wasted unproductively.

Hundreds of millions are spent in acquiring terrible engines

of destruction which are regarded to-day as the latest

inventions of science, but are destined to-morrow to be

rendered obsolete by some new discovery. National culture,

economical progress, and the production of wealth are either

paralysed or developed in a wrong direction. Therefore, the

more the armaments of each Power increase, the less they

answer to the objects aimed at by the Governments. Economic

disturbances are caused in great measure by this system of

excessive armaments, and the constant danger involved in this

accumulation of war material renders the armed peace of to-day

a crushing burden more and more difficult for the nations to

bear. It consequently seems evident that if this situation be

prolonged, it will inevitably lead to that very disaster which

it is desired to avoid, and the horrors of which make every

humane mind shudder by anticipation. It is the supreme duty,

therefore, at the present moment of all States to put some

limit to these unceasing armaments, and to find means of

averting the calamities which threaten the whole world. Deeply

impressed by this feeling, His Majesty the Emperor has been

pleased to command me to propose to all Governments who have

Representatives at the Imperial Court the meeting of a

Conference to discuss this grave problem. Such a Conference,

with God's help, would be a happy augury for the opening

century. It would concentrate in one powerful effort the

strivings of all States which sincerely wish to bring about

the triumph of the grand idea of universal peace over the

elements of trouble and discord. It would, at the same time,

cement their agreement by a united affirmation of the

principles of law and equity on which rest the security of

States and the welfare of peoples."

_Great Britain, Parliamentary Publications

(Papers by Command: Russia, Number 1, 1899)._

Having allowed his supremely noble proposition to stand before

the world for consideration during a period of four months,

and having received from almost every governing authority a

formal expression of willingness to join in the Conference

recommended, the sovereign of Russia pursued his grand design,

on the 11th of January, 1899, by the following communication

to the foreign representatives at his court:

"When, in the month of August last, my August master

instructed me to propose to the Governments which have

Representatives in St. Petersburg the meeting of a Conference

with the object of seeking the most efficacious means for

assuring to all peoples the blessings of real and lasting

peace, and, above all, in order to put a stop to the

progressive development of the present armaments, there

appeared to be no obstacle in the way of the realization, at

no distant date, of this humanitarian scheme. The cordial

reception accorded by nearly all the Powers to the step taken

by the Imperial Government could not fail to strengthen this

expectation. While highly appreciating the sympathetic terms

in which the adhesions of most of the Powers were expressed,

the Imperial Cabinet has been also able to collect, with

lively satisfaction, evidence of the warmest approval which

has reached it, and continues to be received, from all classes

of society in various parts of the globe. Notwithstanding the

strong current of opinion which set in favour of the ideas of

general pacification, the political horizon bas recently

undergone a sensible change. Several Powers have undertaken

fresh armaments, striving to increase further their military

forces, and in the presence of this uncertain situation, it

might be asked whether the Powers considered the present

moment opportune for the international discussion of the ideas

set forth in the Circular of the 12th (24th) August. In the

hope, however, that the elements of trouble agitating

political centres will soon give place to a calmer disposition

of a nature to favour the success of the proposed Conference,

the Imperial Government is of opinion that it would be

possible to proceed forthwith to a preliminary exchange of

ideas between the Powers, with the object:

(a.) Of seeking without delay means for putting a limit to the

progressive increase of military and naval armaments, a question

the solution of which becomes evidently more and more urgent

in view of the fresh extension given to these armaments; and

(b.) Of preparing the way for a discussion of the questions

relating to the possibility of preventing armed conflicts by

the pacific means at the disposal of international diplomacy.

{353}

In the event of the Powers considering the present moment

favourable for the meeting of a Conference on these bases, it

would certainly be useful for the Cabinets to come to an

understanding on the subject of the programme of their

labours. The subjects to be submitted for international

discussion at the Conference could, in general terms, be

summarized as follows:

"1. An understanding not to increase for a fixed period the

present effective of the armed military and naval forces, and

at the same time not to increase the Budgets pertaining

thereto; and a preliminary examination of the means by which a

reduction might even be effected in future in the forces and

Budgets above-mentioned.

"2. To prohibit the use in the armies and fleets of any new

kind of fire-arms whatever and of new explosives, or any

powders more powerful than those now in use either for rifles

or cannon.

"3. To restrict the use in military warfare of the formidable

explosives already existing, and to prohibit the throwing of

projectiles or explosives of any kind from balloons or by any

similar means.

"4. To prohibit the use in naval warfare of submarine

torpedo-boats or plungers, or other similar engines of

destruction; to give an undertaking not to construct vessels

with rams in the future.

"5. To apply to naval warfare the stipulations of the Geneva

Convention of 1864, on the basis of the Additional Articles of

1868.

"6. To neutralize ships and boats employed in saving those

overboard during or after an engagement.

"7. To revise the Declaration concerning the laws and customs

of war elaborated in 1874 by the Conference of Brussels, which

has remained unratified to the present day.

"8. To accept in principle the employment of good offices, of

mediation and facultative arbitration in cases lending

themselves thereto, with the object of preventing armed

conflicts between nations; to come to an understanding with

respect to the mode of applying these good offices, and to

establish a uniform practice in using them.

"It is well understood that all questions concerning the

political relations of States and the order of things

established by Treaties, as generally all questions which do

not directly fall within the programme adopted by the

Cabinets, must be absolutely excluded from the deliberations

of the Conference. In requesting you, Sir, to be good enough

to apply to your Government for instructions on the subject of

my present communication, I beg you at the same time to inform

it that, in the interest of the great cause which my august

master has so much at heart, His Imperial Majesty considers it

advisable that the Conference should not sit in the capital of

one of the Great Powers, where so many political interests are

centred which might, perhaps, impede the progress of a work in

which all the countries of the universe are equally

interested."

General assent being given to the suggestions here offered,

the next step toward realization of the grand project was

taken, by an arrangement with the government of the Kingdom of

the Netherlands, in accordance with which an invitation was

addressed from The Hague, in April, to many governments, both

the greater and the less of the political world, in the

following terms:

"For political reasons the Imperial Russian Government

considered that it would not be desirable that the meeting of

the Conference should take place in the capital of one of the

Great Powers, and after securing the assent of the Governments

interested, it addressed the Cabinet of The Hague with a view of

obtaining its consent to the choice of that capital as the

seat of the Conference in question. The Minister for Foreign

Affairs at once took the orders of Her Majesty the Queen in

regard to this request, and I am happy to be able to inform

you that Her Majesty, my august Sovereign, has been pleased to

authorize him to reply that it will be particularly agreeable

to her to see the proposed Conference meet at The Hague.

Consequently, my Government, in accord with the Imperial

Russian Government, charges me to invite [the Government

named] to be good enough to be represented at the

above-mentioned Conference, in order to discuss the questions

indicated in the second Russian Circular of the 30th December,

1898 (11th January, 1899), as well as all other questions

connected with the ideas set forth in the Circular of the 12th

(24th) August, 1898, excluding, however, from the

deliberations everything which refers to the political

relations of States or the order of things established by

Treaties. My Government trusts, that [the Government named]

will associate itself with the great humanitarian work to be

entered upon under the auspices of His Majesty the Emperor of

All the Russias, and that it will be disposed to accept this

invitation, and to take the necessary steps for the presence

of its Representatives at The Hague on the 18th May next for

the opening of the Conference, at which each Power, whatever

may be the number of its Delegates, will only have one vote."

_Great Britain, Parliamentary Publications

(Papers by Command: Miscellaneous,

Number 1, 1899, pages 3-4 and 8)._

In response to this definite invitation, the governments of

Austria-Hungary, Belgium, Bulgaria, China, Denmark, France,

Germany, Great Britain, Greece, Italy, Japan, Luxembourg,

Mexico, Montenegro, the Netherlands, Persia, Portugal,

Roumania, Russia, Servia, Siam, Spain, Sweden and Norway,

Switzerland, Turkey, and the United States of America,

appointed representatives who met at The Hague, on the 18th of

May, 1899, and organized the Conference by electing M. de

Staal, Russian Ambassador, to preside. The United States was

represented by the Honorable Andrew D. White, Ambassador to

Berlin, the Honorable Seth Low, President of Columbia

University, the Honorable Stanford Newel, Envoy Extraordinary,

&c., to The Hague, Captain Alfred T. Mahan, U. S. N., Captain.

William Crozier, U. S. A., and the Honorable Frederick W.

Holls, of New York. The representatives of Great Britain were

Sir Julian Pauncefote, Ambassador to the United States, Sir

Henry Howard, Envoy Extraordinary, &c., to The Hague,

Vice-Admiral Sir John A. Fisher, Major-General Sir J. C.

Ardagh, and Lieutenant-Colonel C. à Court.

{354}

"The Conference at The Hague was a Parliament of Man

representing, however imperfectly, the whole human race. The

only independent ones not represented at the Huis ten Bosch

were the South American republics, the Emperor of Morocco, the

King of Abyssinia, and the Grand Lama of Tibet. That the South

American republics were not represented is not the fault of

the Russian Emperor. Mexico received and accepted an

invitation. Brazil received, but rejected, the invitation to

be present, and so did one other South American republic. The

original Russian idea was to assemble representatives from

every independent government in the world; nor did they even

confine themselves to the secular governments. They were very

anxious that the Pope should also be directly represented in

this supreme assembly. Even with the Pope and South America

left out, the Congress represented more of the world and its

inhabitants than any similar assembly that has ever been

gathered together for the work of international legislation.

That circumstance in itself is sufficient to give distinction

to the Conference at The Hague, which, it is expected, will be

the forerunner of a series of conferences, each of which will

aim at being more and more universally representative. On the

eve of the twentieth century the human race has begun to

federate itself. That is the supreme significance of the

assembly which has just spent two months in the capital of

Holland."

_W. T. Stead,

The Conference at The Hague

(Forum, September, 1899)._

To systematize and facilitate the discussions of the

Conference, three Commissions or Committees were appointed,

between which the several subjects suggested in the Russian

circular of January 11 (as given above), and agreed to by the

several governments, were distributed. The 1st, 2d, 3d and 4th

propositions of the programme were referred to the First

Commission, the 5th, 6th and 7th to the Second, the 8th

(concerning mediation and arbitration) to the Third. This was

done on the 23d of May, after which the general Conference was

held only at intervals, to receive and consider reports from

the several Commissions, of agreements reached or

disagreements ascertained. This went on until the 29th of

July, when the several Conventions, Declarations, and

Recommendations agreed upon for submission to the governments

represented were summarized in the following "Final Act,"

signed by all:

"In a series of meetings, between the 18th May and the 29th

July, 1899, in which the constant desire of the Delegates

above mentioned has been to realize, in the fullest manner

possible, the generous views of the august Initiator of the

Conference and the intentions of their Governments, the

Conference has agreed, for submission for signature by the

Plenipotentiaries, on the text of the Conventions and

Declarations enumerated below and annexed to the present Act:

"I. Convention for the pacific settlement of international

conflicts.

"II. Convention regarding the laws and customs of war by land.

"III. Convention for the adaptation to maritime warfare of the

principles of the Geneva Convention of the 22nd August, 1864.

"IV. Three Declarations:

1. To prohibit the launching of projectiles and explosives

from balloons or by other similar new methods,

2. To prohibit the use of projectiles, the only object of

which is the diffusion of asphyxiating or deleterious

gases.

3. To prohibit the use of bullets which expand or flatten

easily in the human body, such as bullets with a hard

envelope, of which the envelope does not entirely cover the

core, or is pierced with incisions.

"These Conventions and Declarations shall form so many

separate Acts. These Acts shall be dated this day, and may be

signed up to the 31st December, 1899, by the Plenipotentiaries

of the Powers represented at the International Peace

Conference at The Hague.

"Guided by the same sentiments, the Conference has adopted

unanimously the following Resolution:—'The Conference is of

opinion that the restriction of military budgets, which are at

present a heavy burden on the world, is extremely desirable

for the increase of the material and moral welfare of

mankind.'

"It has, besides, formulated the following wishes:

"1. The Conference, taking into consideration the preliminary

steps taken by the Swiss Federal Government for the revision

of the Geneva Convention, expresses the wish that steps may be

shortly taken for the assembly of a Special Conference having

for its object the revision of that Convention. This wish was

voted unanimously.

"2. The Conference expresses the wish that the questions of

the rights and duties of neutrals may be inserted in the

programme of a Conference in the near future.

"3. The Conference expresses the wish that the questions with

regard to rifles and naval guns, as considered by it, may be

studied by the Governments with the object of coming to an

agreement respecting the employment of new types and calibres.

"4. The Conference expresses the wish that the Governments,

taking into consideration the proposals made at the

Conference, may examine the possibility of an agreement as to

the limitation of armed forces by land and sea, and of war

budgets.

"5. The Conference expresses the wish that the proposal, which

contemplates the declaration of the inviolability of private

property in naval warfare, may be referred to a subsequent

Conference for consideration.

"6. The Conference expresses the wish that the proposal to

settle the question of the bombardment of ports, towns, and

villages by a naval force may be referred to a subsequent

Conference for consideration.

"The last five wishes were voted unanimously, saving some

abstentions.

"In faith of which, the Plenipotentiaries have signed the

present Act, and have affixed their seals thereto. Done at The

Hague, 29th July, 1899, in one copy only, which shall be

deposited in the Ministry for Foreign Affairs, and of which

copies, duly certified, shall be delivered to all the Powers

represented at the Conference."

_Great Britain, Parliamentary Publications

(Papers by Command: Miscellaneous,

Number 1, 1899, pages 3-4, 8 and 288-9)._

{355}

The accompanying Conventions and Declarations were in no case

unanimously signed, several delegations, in each case,

claiming time for the governments they represented to consider

certain questions involved. The most important of the proposed

Conventions, namely, that "For the Pacific Settlement of

International Disputes," was signed at The Hague by the

delegates from Belgium, Denmark, Spain, the United States of

America, Mexico, France, Greece, Montenegro, the Netherlands,

Persia, Portugal, Roumania, Russia, Siam, Sweden and Norway,

and Bulgaria; but not by Austria-Hungary, Germany, Italy,

Japan, Great Britain, Luxembourg, Switzerland, Servia, Turkey,

or China. Ultimately, however, the great Treaty of Arbitration

was signed by everyone of the Powers represented. The

signature of the delegates of the United States was given

under reserve of a declaration which will be found in the

following excerpt from the general report of the American

Commission. The full text of each of the Conventions is given

below.

"The entire plan for the tribunal and its use is voluntary, so

far as sovereign States are concerned. The only seeming

exceptions to this rule are contained in Article 1, which

provides that the Signatory Powers agree to employ their

efforts for securing the pacific regulation of international

differences; and Article 27, which says that the Signatory

Powers consider it to be a duty, in the case where an acute

conflict threatens to break out between two or more of them,

to remind those latter that the permanent court is open to

them. The obligation thus imposed is not legal or diplomatic

in its nature. These articles merely express a general moral

duty for the performance of which each State is accountable

only to itself. In order, however, to make assurance doubly

sure and to leave no doubt whatever of the meaning of the

Convention, as affecting the United States of America, the

Commission made the following declaration in the full session

of the Conference, held July 25:—

The Delegation of the United States of America, in signing the

Convention regulating the peaceful adjustment of international

differences, as proposed by the International Peace

Conference, make the following declaration:—Nothing contained

in this Convention shall be so construed as to require the

United States of America to depart from its traditional policy

of not intruding upon, interfering with, or entangling itself

in the political questions or policy or internal

administration of any foreign State; nor shall anything

contained in the said Convention be construed to imply a

relinquishment by the United States of America of its

traditional attitude toward purely American questions.' Under

the reserve of this declaration the United States delegates

signed the Arbitration Convention itself. Article 8 of the

Convention, providing for a special form of Mediation, was

proposed individually by Mr. Holls of the United States

Commission. … It is hoped that in particular crises, when the

other means provided by the Convention for keeping or

restoring peace have failed, it may prove to have real and

practical value. It is certain that, by the Continental States

of Europe, it has been exceedingly well received."

_General Report of the American Commission._

"Objection has been made to [the International Court of

Arbitration] on the ground that submission to it is purely

voluntary and that no executive authority has been provided to

carry out its decrees. The answer to all such objections is

simply that the power of enlightened public opinion is relied

upon to be amply sufficient for the purpose of insuring

obedience to every just mandate of this Court. In the case of

the United States of America the judgments of the Court,

according to the decisions now in force, will have a

peculiarly binding force. An agreement to submit a case to the

Court cannot be made by the United States, except by way of a

treaty, which, when ratified by the Senate, becomes the

supreme law of the land. In the case of La Ninfa, Whitelaw v.

The United States (75 Fed. Rep., 513), it was decided by the

United States Circuit Court of Appeals in California that by

virtue of the treaty the judgment of the Court of Arbitration

provided for by the terms of the treaty has all the force of a

federal statute, and it is itself the supreme law of the land,

binding upon every individual citizen of the United States,

including all federal and State authorities. For us, at least,

the International Court of Arbitration at The Hague will, if

this view prevails, in reality be the highest possible

tribunal, with an authority binding even on our own United

States Supreme Court.

"Article 27 aims, in a measure, to supply the deficiency of

the provision for obligatory arbitration, in that it declares

it to be the duty of all Signatory Powers to remind anyone or

more of themselves, in case of a threatened dispute, that the

permanent Court of Arbitration is open to them. What

particular effect this particular article will have must be

left to the future. Without modification or reservation the

article, when ratified by the United States, would have

constituted a complete abandonment of the time-honored Monroe

Doctrine. Accordingly the representatives of the United States

declined to sign the treaty, except under a reservation or

declaration, which was solemnly accepted by the Peace

Conference, thus materially modifying the jurisdiction of the

Court [see above]. … By this declaration the Monroe Doctrine

was not only self-guarded, but it was stated and vindicated

more emphatically than ever before in our history, and the

people of this country are, therefore, in a position to

cordially support the International Court of Arbitration,

without the fear that the Court itself, or the fact of its

establishment, may ever be used against this country, or to

the embarrassment of its diplomacy and traditional policy. …

"The effect of the establishment of the Court upon European

diplomacy is necessarily surrounded by great uncertainty. In

a recent review of the work of the Peace Conference I ventured

to use this language: 'It is most encouraging and of the

highest importance that upon the whole Continent the

governments are apparently in advance of public opinion upon

the entire subject of the Peace Conference. The reason is not

far to seek. No man who is fit for the position can to-day

hold a place involving the direction of his country's

international policy without feeling an almost intolerable

pressure of responsibility. To him every remote chance of a

lightening of his burden comes as a promise of blessed relief.

It is a historical fact that none of the obstacles to success

which the Peace Conference had to overcome originated in the

mind of any sovereign or of any high minister of State. In

every case they were raised by underlings without

responsibility and anxious to show superior wisdom by finding

fault. So long as this favorable governmental attitude

continues there is every reason for encouragement.'

{356}

'Continental public opinion, especially in questions of

foreign policy, seems more pliable than ever before, and is as

clay in the hands of a potter, so far as alliances and

sympathies are concerned, when following a popular monarch or

foreign minister.' I have since been assured by the highest

officials of at least two great European Powers, that this

statement meets with their unqualified approval. The sneers of

irresponsible journals and politicians cannot and will not

affect the deliberate purposes of a high-minded and serious

minister of State."

_F. W. Holls,

The International Court of Arbitration at The Hague;

a paper read before the New York State Bar Association,

January 15, 1901._

PEACE CONFERENCE:

Convention for the Pacific Settlement of

International Disputes.

TITLE I.

On the Maintenance of the General Peace.

ARTICLE I.

With a view to obviating as far as possible, recourse to

force in the relations between States, the Signatory Powers

agree to use their best efforts to insure the pacific

settlement of international differences.

TITLE II.

On Good Offices and Mediation.

ARTICLE II.

In case of serious disagreement or conflict, before an

appeal to arms, the Signatory Powers agree to have

recourse, as far as circumstances allow, to the good

offices or mediation of one or more friendly Powers.

ARTICLE III.

Independently of this recourse, the Signatory Powers

recommend that one or more Powers, strangers to the

dispute, should, on their own initiative, and as far as

circumstances may allow, offer their good offices or

mediation to the States at variance. Powers, strangers to

the dispute, have the right to offer good offices or

mediation, even during the course of hostilities. The

exercise of this right can never be regarded by one or the

other of the parties in conflict as an unfriendly act.

ARTICLE IV.

The part of the mediator consists in reconciling the

opposing claims and appeasing the feelings of resentment

which may have arisen between the States at variance.

ARTICLE V.

The functions of the mediator are at an end when once it is

declared, either by one of the parties to the dispute, or

by the mediator himself, that the means of reconciliation

proposed by him are not accepted.

ARTICLE VI.

Good offices and mediation, either at the request of the

parties at variance, or on the initiative of Powers

strangers to the dispute, have exclusively the character of

advice and never have binding force.

ARTICLE VII.

The acceptance of mediation can not, unless there be an

agreement to the contrary, have the effect of interrupting,

delaying, or hindering mobilization or other measures of

preparation for war. If mediation occurs after the

commencement of hostilities it causes no interruption to

the military operations in progress, unless there be an

agreement to the contrary.

ARTICLE VIII.

The Signatory Powers are agreed in recommending the

application, when circumstances allow, for special

mediation in the following form:—In case of a serious

difference endangering the peace, the States at variance

choose respectively a Power, to whom they intrust the

mission of entering into direct communication with the

Power chosen on the other side, with the object of

preventing the rupture of pacific relations. For the period

of this mandate, the term of which, unless otherwise

stipulated, cannot exceed thirty days, the States in

conflict cease from all direct communication on the subject

of the dispute, which is regarded as referred exclusively

to the mediating Powers, who must use their best efforts to

settle it. In case of a definite rupture of pacific

relations, these Powers are charged with the joint task of

taking advantage of any opportunity to restore peace.

TITLE III.

On International Commissions of Inquiry.

ARTICLE IX.

In differences of an international nature involving neither

honour nor vital interests, and arising from a difference

of opinion on points of fact, the Signatory Powers

recommend that the parties, who have not been able to come

to an agreement by means of diplomacy, should as far as

circumstances allow, institute an International Commission

of Inquiry, to facilitate a solution of these differences

by elucidating the facts by means of an impartial and

conscientious investigation.

ARTICLE X.

The International Commissions of Inquiry are constituted by

special agreement between the parties in conflict. The

Convention for an inquiry defines the facts to be examined and

the extent of the Commissioners' powers. It settles the

procedure. On the inquiry both sides must be heard. The form

and the periods to be observed, if not stated in the inquiry

Convention, are decided by the Commission itself.

ARTICLE XI.

The International Commissions of Inquiry are formed, unless

otherwise stipulated, in the manner fixed by Article XXXII

of the present Convention.

ARTICLE XII.

The powers in dispute engage to supply the International

Commission of Inquiry, as fully as they may think possible,

with all means and facilities necessary to enable it to be

completely acquainted with and to accurately understand the

facts in question.

ARTICLE XIII.

The International Commission of Inquiry communicates its

Report to the conflicting Powers, signed by all the members

of the Commission.

ARTICLE XIV.

The Report of the International Commission of Inquiry is

limited to a statement of facts, and has in no way the

character of an Arbitral Award. It leaves the conflicting

Powers entire freedom as to the effect to be given to this

statement.

TITLE IV.

On International Arbitration.

CHAPTER I.

On the System of Arbitration.

ARTICLE XV.

International arbitration has for its object the settlement

of differences between States by judges of their own

choice, and on the basis of respect for law.

ARTICLE XVI.

In questions of a legal nature, and especially in the

interpretation or application of International Conventions,

arbitration is recognized by the Signatory Powers as the

most effective, and at the same time the most equitable,

means of settling disputes which diplomacy has failed to

settle.

ARTICLE XVII.

The Arbitration Convention is concluded for questions

already existing or for questions which may arise

eventually. It may embrace any dispute or only disputes of

a certain category.

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ARTICLE XVIII.

The Arbitration Convention implies the engagement to submit

loyally to the Award.

ARTICLE XIX.

Independently of general or private Treaties expressly

stipulating recourse to arbitration as obligatory on the

Signatory Powers, these Powers reserve to themselves the

right of concluding, either before the ratification of the

present Act or later, new Agreements, general or private,

with a view to extending obligatory arbitration to all

cases which they may consider it possible to submit to it.

CHAPTER II.

On the Permanent Court of Arbitration.

ARTICLE XX.

With the object of facilitating an immediate recourse to

arbitration for international differences, which it has not

been possible to settle by diplomacy, the Signatory Powers

undertake to organize a permanent Court of Arbitration,

accessible at all times and operating, unless otherwise

stipulated by the parties, in accordance with the Rules of

Procedure inserted in the present Convention.

ARTICLE XXI.

The Permanent Court shall be competent for all arbitration

cases, unless the parties agree to institute a special

Tribunal.

ARTICLE XXII.

An International Bureau, established at The Hague, serves

as record office for the Court. This Bureau is the channel

for communications relative to the meetings of the Court.

It has the custody of the archives and conducts all the

administrative business. The Signatory Powers undertake to

communicate to the International Bureau at The Hague a duly

certified copy of any conditions of arbitration arrived at

between them, and of any award concerning them delivered by

special Tribunals. They undertake also to communicate to

the Bureau the Laws, Regulations, and documents eventually

showing the execution of the awards given by the Court.

ARTICLE XXIII.

Within the three months following its ratification of the

present Act, each Signatory Power shall select four persons

at the most, of known competency in questions of

international law, of the highest moral reputation, and

disposed to accept the duties of Arbitrators. The persons

thus selected shall be inscribed, as members of the Court,

in a list which shall be notified by the Bureau to all the

Signatory Powers. Any alteration in the list of Arbitrators

is brought by the Bureau to the knowledge of the Signatory

Powers. Two or more Powers may agree on the selection in

common of one or more Members. The same person can be

selected by different Powers. The Members of the Court are

appointed for a term of six years. Their appointments can

be renewed. In case of the death or retirement of a member

of the Court, his place shall be filled in accordance with

the method of his appointment.

ARTICLE XXIV.

When the Signatory Powers desire to have recourse to the

Permanent Court for the settlement of a difference that has

arisen between them, the Arbitrators called upon to form the

competent Tribunal to decide this difference, must be

chosen from the general list of members of the Court.

Failing the direct agreement of the parties on the

composition of the Arbitration Tribunal, the following

course shall be pursued:—Each party appoints two

Arbitrators, and these together choose an Umpire. If the

votes are equal, the choice of the Umpire is intrusted to a

third Power, selected by the parties by common accord. If

an agreement is not arrived at on this subject, each party

selects a different Power, and the choice of the Umpire is

made in concert by the Powers thus selected. The Tribunal

being thus composed, the parties notify to the Bureau their

determination to have recourse to the Court and the names

of the Arbitrators. The Tribunal of Arbitration assembles

on the date fixed by the parties. The Members of the Court,

in the discharge of their duties and out of their own

country, enjoy diplomatic privileges and immunities.

ARTICLE XXV.

The Tribunal of Arbitration has its ordinary seat at The

Hague. Except in cases of necessity, the place of session

can only be altered by the Tribunal with the assent of the

parties.

ARTICLE XXVI.

The International Bureau at The Hague is authorized to

place its premises and its staff at the disposal of the

Signatory Powers for the operations of any special Board of

Arbitration. The jurisdiction of the Permanent Court, may,

within the conditions laid down in the Regulations, be

extended to disputes between non-Signatory Powers, or

between Signatory Powers and non-Signatory Powers, if the

parties are agreed on recourse to this Tribunal.

ARTICLE XXVII.

The Signatory Powers consider it their duty, if a serious

dispute threatens to break out between two or more of them,

to remind these latter that the Permanent Court is open to

them. Consequently, they declare that the fact of reminding

the conflicting parties of the provisions of the present

Convention, and the advice given to them, in the highest

interests of peace, to have recourse to the Permanent

Court, can only be regarded as friendly actions.

ARTICLE XXVIII.

A Permanent Administrative Council, composed of the

Diplomatic Representatives of the Signatory Powers

accredited to The Hague and of the Netherland Minister for

Foreign Affairs, who will act as President, shall be

instituted in this town as soon as possible after the

ratification of the present Act by at least nine Powers.

This Council will be charged with the establishment and

organization of the International Bureau, which will be

under its direction and control. It will notify to the

Powers the constitution of the Court and will provide for

its installation. It will settle its Rules of Procedure and

all other necessary Regulations. It will decide all

questions of administration which may arise with regard to

the operations of the Court. It will have entire control

over the appointment, suspension or dismissal of the

officials and employés of the Bureau. It will fix the

payments and salaries, and control the general expenditure.

At meetings duly summoned the presence of five members is

sufficient to render valid the discussions of the Council.

The decisions are taken by a majority of votes. The Council

communicates to the Signatory Powers without delay the

Regulations adopted by it. It furnishes them with an annual

Report on the labours of the Court, the working of the

administration, and the expenses.

ARTICLE XXIX.

The expenses of the Bureau shall be borne by the Signatory

Powers in the proportion fixed for the International Bureau

of the Universal Postal Union.

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CHAPTER III.

On Arbitral Procedure.

ARTICLE XXX.

With a view to encourage the development of arbitration,

the Signatory Powers have agreed on the following Rules

which shall be applicable to arbitral procedure, unless

other Rules have been agreed on by the parties.

ARTICLE XXXI.

The Powers who have recourse to arbitration sign a special

Act ("Compromis"), in which the subject of the difference

is clearly defined, as well as the extent of the

Arbitrators' powers. This Act implies the undertaking of

the parties to submit loyally to the award.

ARTICLE XXXII.

The duties of Arbitrator may be conferred on one Arbitrator

alone or on several Arbitrators selected by the parties as

they please, or chosen by them from the members of the

Permanent Court of Arbitration established by the present

Act. Failing the constitution of the Tribunal by direct

agreement between the parties, the following course shall

be pursued: Each party appoints two Arbitrators, and these

latter together choose an Umpire. In case of equal voting,

the choice of the Umpire is intrusted to a third Power,

selected by the parties by common accord. If no agreement

is arrived at on this subject, each party selects a

different Power, and the choice of the Umpire is made in

concert by the Powers thus selected.

ARTICLE XXXIII.

When a Sovereign or the Chief of a State is chosen as

Arbitrator, the arbitral procedure is settled by him.

ARTICLE XXXIV.

The Umpire is by right President of the Tribunal. When the

Tribunal does not include an Umpire, it appoints its own

President.

ARTICLE XXXV.

In case of the death, retirement, or disability from any

cause of one of the Arbitrators, his place shall be filled

in accordance with the method of his appointment.

ARTICLE XXXVI.

The Tribunal's place of session is selected by the parties.

Failing this selection the Tribunal sits at The Hague. The

place thus fixed cannot, except in case of necessity, be

changed by the Tribunal without the assent of the parties.

ARTICLE XXXVII.

The parties have the right to appoint delegates or special

agents to attend the Tribunal, for the purpose of serving

as intermediaries between them and the Tribunal. They are

further authorized to retain, for the defense of their

rights and interests before the Tribunal, counselor

advocates appointed by them for this purpose.

ARTICLE XXXVIII.

The Tribunal decides on the choice of languages to be used

by itself, and to be authorized for use before it.

ARTICLE XXXIX.

As a general rule the arbitral procedure comprises two

distinct phases; preliminary examination and discussion.

Preliminary examination consists in the communication by

the respective agents to the members of the Tribunal and to

the opposite party of all printed or written Acts and of

all documents containing the arguments invoked in the case.

This communication shall be made in the form and within the

periods fixed by the Tribunal in accordance with Article

XLIX. Discussion consists in the oral development before

the Tribunal of the arguments of the parties.

ARTICLE XL.

Every document produced by one party must be communicated

to the other party.

ARTICLE XLI.

The discussions are under the direction of the President.

They are only public if it be so decided by the Tribunal,

with the assent of the parties. They are recorded in the

"procès-verbaux" drawn up by the Secretaries appointed by

the President. These "procès-verbaux" lone have an

authentic character.

ARTICLE XLII.

When the preliminary examination is concluded, the Tribunal

has the light to refuse discussion of all fresh Acts or

documents which one party may desire to submit to it

without the consent of the other party.

ARTICLE XLIII.

The Tribunal is free to take into consideration fresh Acts

or documents to which its attention may be drawn by the

agents or counsel of the parties. In this case, the

Tribunal has the right to require the production of these

Acts or documents, but is obliged to make them known to the

opposite party.

ARTICLE XLIV.

The Tribunal can, besides, require from the agents of the

parties the production of all Acts, and can demand all

necessary explanations. In case of refusal, the Tribunal

takes note of it.

ARTICLE XLV.

The agents and counsel of the parties are authorized to

present orally to the Tribunal all the arguments they may

think expedient in defence of their case.

ARTICLE XLVI.

They have the right to raise objections and points. The

decisions of the Tribunal on those points are final, and

cannot form the subject of any subsequent discussion.

ARTICLE XLVII.

The members of the Tribunal have the right to put questions

to the agents and counsel of the parties, and to demand

explanations from them on doubtful points. Neither the

questions put nor the remarks made by members of the

Tribunal during the discussions can be regarded as an

expression of opinion by the Tribunal in general, or by its

members in particular.

ARTICLE XLVIII.

The Tribunal is authorized to declare its competence in

interpreting the "Compromis" as well as the other Treaties

which may be invoked in the case, and in applying the

principles of international law.

ARTICLE XLIX.

The Tribunal has the right to issue Rules of Procedure for

the conduct of the case, to decide the forms and periods

within which each party must conclude its arguments, and to

arrange all the formalities required for dealing with the

evidence.

ARTICLE L.

When the agents and counsel of the parties have submitted

all explanations and evidence in support of their case, the

President pronounces the discussion closed.

ARTICLE LI.

The deliberations of the Tribunal take place in private.

Every decision is taken by a majority of members of the

Tribunal. The refusal of a member to vote must be recorded

in the "procès-verbal."

ARTICLE LII.

The award, given by a majority of votes, is accompanied by

a statement of reasons. It is drawn up in writing and

signed by each member of the Tribunal. Those members who

are in the minority may record their dissent when signing.

ARTICLE LIII.

The award is read out at a public meeting of the Tribunal,

the agents and counsel of the parties being present, or

duly summoned to attend.

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ARTICLE LIV.

The award, duly pronounced and notified to the agents of

the parties at variance, puts an end to the dispute

definitely and without appeal.

ARTICLE LV.

The parties can reserve in the "Compromis" the right to

demand the revision of the award. In this case, and unless

there be an agreement to the contrary, the demand must be

addressed to the Tribunal which pronounced the award. It

can only be made on the ground of the discovery of some new

fact calculated to exercise a decisive influence on the

award, and which, at the time the discussion was closed,

was unknown to the Tribunal and to the party demanding the

revision. Proceedings for revision can only be instituted

by a decision of the Tribunal expressly recording the

existence of the new fact, recognizing in it the character

described in the foregoing paragraph, and declaring the

demand admissible on this ground. The "Compromis" fixes the

period within which the demand for revision must be made.

ARTICLE LVI.

The award is only binding on the parties who concluded the

"Compromis." When there is a question of interpreting a

Convention to which Powers other than those concerned in

the dispute are parties, the latter notify to the former

the "Compromis" they have concluded. Each of these Powers

has the right to intervene in the case. If one or more of

them avail themselves of this right, the interpretation

contained in the award is equally binding on them.

ARTICLE LVII.

Each party pays its own expenses and an equal share of

those of the Tribunal.

General Provisions.

ARTICLE LVIII.

The present Convention shall be ratified as speedily as

possible. The ratification shall be deposited at The Hague.

A "procès-verbal" shall be drawn up recording the receipt

of each ratification, and a copy duly certified shall be

sent, through the diplomatic channel, to all the Powers who

were represented at the International Peace Conference at

The Hague.

ARTICLE LIX.

The non-Signatory Powers who were represented at the

International Peace Conference can adhere to the present

Convention. For this purpose they must make known their

adhesion to the Contracting Powers by a written

notification addressed to the Netherland Government, and

communicated by it to all the other Contracting Powers.

ARTICLE LX.

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.

ARTICLE LXI.

In the event of one of the High Contracting Parties

denouncing the present Convention, this denunciation would

not take effect until a year after its notification made in

writing to the Netherland Government, and by it

communicated at once to all the other Contracting Powers.

This denunciation shall on]y affect the notifying Power. In

faith of which the Plenipotentiaries have signed the

present Convention and affixed their seals to it. Done at

The Hague, the 29th July, 1899, in a single copy, which

shall remain in the archives of the Netherland Government,

and copies of it, duly certified, be sent through the

diplomatic channel to the Contracting Powers.

_United States, 56th Congress,

1st Session., Senate Document 159._

PEACE CONFERENCE:

The Permanent Court of Arbitration.

The following is the membership of the Permanent Court of

Arbitration, as finally organized, in January, 1901, and

announced to be prepared for the consideration of any

international dispute that may be submitted to it. Fifteen of

the greater nations of the world are represented in this most

august tribunal that has ever sat for judgment of the disputes

of men:

Austria-Hungary.

His Excellency Count Frederic Schonborn, LL. D., president

of the Imperial Royal Court of Administrative Justice,

former Austrian Minister of Justice, member of the House of

Lords of the Austrian Parliament, etc.

His Excellency Mr. D. de Szilagyi, ex-Minister of Justice,

member of the House of Deputies of the Hungarian

Parliament.

Count Albert Apponyi, member of the Chamber of Magnates and

of the Chamber of Deputies of the Hungarian Parliament,

etc.

Mr. Henri Lammasch, LL. D., member of the House of Lords of

the Austrian Parliament, etc.

Belgium.

His Excellency Mr. Beernaert, Minister of State, member of

the Chamber of Representatives, etc.

His Excellency Baron Lambermont, Minister of State, Envoy

Extraordinary and Minister Plenipotentiary,

Secretary-General of the Ministry of Foreign Affairs.

The Chevalier Descamps, Senator.

Mr. Rolin Jacquemyns, ex-Minister of the Interior.

Denmark.

Professor H. Matzen, LL. D., Professor of the Copenhagen

University, Counsellor Extraordinary of the Supreme Court,

President of the Landsthing.

France.

M. Leon Bourgeois, Deputy, ex-President of the Cabinet

Council, ex-Minister for Foreign Affairs.

M. de Laboulaye, ex-Ambassador.

Baron Destournelles de Constant, Minister Plenipotentiary,

Deputy.

M. Louis Renault, Minister Plenipotentiary, Professor in

the Faculty of Law at Paris, Law Office of the Department

of Foreign Affairs.

Germany.

His Excellency Mr. Bingner, LL. D., Privy Councillor,

Senate President of the Imperial High Court at Leipsic.

Mr. von Frantzius, Privy Councillor, Solicitor of the

Department of Foreign Affairs at Berlin.

Mr. von Martitz, LL. D., Associate Justice of the Superior

Court of Administrative Justice in Prussia, Professor of

Law at the Berlin University.

Mr. von Bar, LL. D., Judicial Privy Councillor, Professor

of Law at the Göttingen University.

Great Britain.

His Excellency the Right Honorable Lord Pauncefote of

Preston, G. C. B., G. C. M. G., Privy Councillor,

Ambassador at Washington.

The Right Honorable Sir Edward Baldwin Malet,

ex-Ambassador.

The Right Honorable Sir Edward Fry, member of the Privy

Council, Q. C.

Professor John Westlake, LL. D., Q. C.

Italy.

His Excellency Count Constantin Nigra, Senator of the

Kingdom, Ambassador at Vienna.

His Excellency Commander Jean Baptiste Pagano

Guarnaschelli, Senator of the Kingdom, First President of

the Court of Cassation at Rome.

His Excellency Count Tornielli Brusati di Vergano, Senator

of the Kingdom, Ambassador at Paris.

Commander Joseph Zanardelli, Attorney at Law, Deputy to the

National Parliament.

{360}

Japan.

Mr. Motono, Envoy Extraordinary and Minister

Plenipotentiary at Brussels.

Mr. H. Willard Denison, Law Officer of the Minister for

Foreign Affairs at Tokio.

Netherlands.

Mr. T. M. C. Asser, LL. D., member of the Council of

State, ex-Professor of the University of Amsterdam.

Mr. F. B. Coninck Liefsting, LL. D.,

President of the Court of Cassation.

Jonkheer A. F. de Savornin Lohman, LL. D.,

ex-Minister of the Interior, ex-Professor of the Free

University of Amsterdam, member of the Lower House of the

States-General.

Jonkheer G. L. M. H. Ruis de Beerenbrouck,

ex-Minister of Justice, Commissioner of the Queen in the

Province of Limbourg.

Portugal.

Count de Macedo, Peer of the Realm,

ex-Minister of Marine and Colonies, Envoy Extraordinary and

Minister Plenipotentiary at Madrid.

Rumania.

Mr. Theodore Rosetti, Senator,

ex-President of the High Court of Cassation and Justice.

Mr. Jean Kalindero, Administrator of the Crown Domain,

ex-Judge of the High Court of Cassation and Justice.

Mr. Eugene Statsco,

ex-President of the Senate, ex-Minister of Justice and

Foreign Affairs.

Mr. Jean N. Lahovari, Deputy, ex-Envoy Extraordinary and

Minister Plenipotentiary, ex-Minister of Foreign Affairs.

Russia.

Mr. N. V. Mouravieff, Minister of Justice, Active Privy

Councillor, Secretary of State of His Majesty the Emperor.

Mr. C. P. Pobedonostzeff, Attorney-General of the Most

Holy Synod, Active Privy Councillor, Secretary of State of

His Majesty the Emperor.

Mr. E. V. Frisch,

President of the Department of Legislation of the Imperial

Council, Active Privy Councillor, Secretary of State of His

Majesty the Emperor.

Mr. de Martens, Privy Councillor,

permanent member of the Council of the Ministry of Foreign

Affairs.

Spain.

His Excellency the Duke of Tetuan,

ex-Minister of Foreign Affairs, Senator of the Kingdom,

Grandee of Spain.

Mr. Bienvenido Oliver,

Director-General of the Ministry of Justice, ex-Delegate of

Spain to the Conference on Private International Law at The

Hague.

Dr. Manuel Torres Campos,

Professor of international law at the University of

Grenada, associate member of the Institute of International

Law.

Sweden and Norway.

Mr. S. R D. K. D'Olivecrona,

member of the International Law Institute, ex-Associate

Justice of the Supreme Court of the Kingdom of Sweden,

Doctor of Laws and Letters at Stockholm.

Mr. G. Gram,

ex-Minister of State of Norway, Governor of the Province of

Hamar, Norway.

United States.

Mr. Benjamin Harrison,

ex-President of the United States.

Mr. Melville W. Fuller,

Chief Justice of the United States.

Mr. John W. Griggs,

Attorney-General of the United States.

Mr. George Gray,

United States Circuit Judge.

First Secretary of the Court

J. J. Rochussen.

Second Secretary of the Court

Jonkheer W. Roell.

The Administrative Council consists of the Minister of Foreign

Affairs of the Netherlands and the diplomatic representatives

at The Hague of the ratifying Powers.

Secretary-General

Mr. R Melvil, Baron Van Leyden,

Judge of the District Court of Utrecht and a member of the

First Chamber of the States-General.

PEACE CONFERENCE:

Convention with respect to the Laws and Customs of

War on Land.

ARTICLE I.

The High Contracting Parties shall issue instructions to their

armed land forces, which shall be in conformity with the

"Regulations respecting the Laws and Customs of War on Land"

annexed to the present Convention.

ARTICLE II.

The provisions contained in the Regulations mentioned in

Article I. are only binding on the Contracting Powers, in case

of war between two or more of them. These provisions shall

cease to be binding from the time when, in a war between

Contracting Powers, a non-Contracting Power joins one of the

belligerents.

ARTICLE III.

The present Convention shall be ratified as speedily as

possible. The ratifications shall be deposited at The Hague. A

"procès-verbal" shall be drawn up recording the receipt of

each ratification, and a copy, duly certified, shall be sent

through the diplomatic channel, to all the Contracting Powers.

ARTICLE IV.

Non-Signatory Powers are allowed to adhere to the present

Convention. For this purpose they must make their adhesion

known to the Contracting Powers by means of a written

notification addressed to the Netherland Government, and by it

communicated to all the other Contracting Powers.

ARTICLE V.

In the event of one of the High Contracting Parties denouncing

the present Convention, such denunciation would not take

effect until a year after the written notification made to the

Nethterland Government, and by it at once communicated to all

the other Contracting Powers. This denunciation shall affect

only the notifying Power.

In faith of which the Plenipotentiaries have signed the

present Convention and affixed their seals thereto.

[Signed by representatives of Belgium, Denmark, Spain, Mexico,

France, Greece, Montenegro, the Netherlands, Persia, Portugal,

Roumania, Russia, Siam, Sweden and Norway, and Bulgaria.]

REGULATIONS.

SECTION I.

On Belligerents.

CHAPTER I.

On the qualifications of Belligerents.

ARTICLE I.

The laws, rights, and duties of war apply not only to armies,

but also to militia and volunteer corps, fulfilling the

following conditions:

1. To be commanded by a person responsible for his

subordinates;

2. To have a fixed distinctive emblem recognizable at a

distance;

3. To carry arms openly; and,

4. To conduct their operations in accordance with the laws

and customs of war. In countries where militia or volunteer

corps constitute the army, or form part of it, they are

included under the denomination "army."

ARTICLE II.

The population of a territory which has not been occupied who,

on the enemy's approach, spontaneously take up arms to resist

the invading troops without having time to organize themselves

in accordance with Article I, shall be regarded a belligerent,

if they respect the laws and customs of war.

ARTICLE III.

The armed forces of the belligerent parties may consist of

combatants and non-combatants. In case of capture by the enemy

both have a right to be treated as prisoners of war.

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CHAPTER II.

On Prisoners of War.

ARTICLE IV.

Prisoners of war are in the power of the hostile Government,

but not in that of the individuals or corps who captured them.

They must be humanely treated. All their personal belongings,

except arms, horses, and military papers remain their

property.

ARTICLE V.

Prisoners of war may be interned in a town, fortress, camp, or

any other locality, and bound not to go beyond certain fixed

limits; but they can only be confined as an indispensable

measure of safety.

ARTICLE VI.

The State may utilize the labour of prisoners of war according

to their rank and aptitude. Their tasks shall not be

excessive, and shall have nothing to do with the military

operations. Prisoners may be authorized to work for the Public

Service, for private persons, or on their own account. Work

done for the State shall be paid for according to the tariffs

in force for soldiers of the national army employed on similar

tasks. When the work is for other branches of the Public

Service or for private persons, the conditions shall be

settled in agreement with the military authorities. The wages

of the prisoners shall go towards improving their position,

and the balance shall be paid them at the time of their

release, after deducting the cost of their maintenance.

ARTICLE VII.

The Government into whose hands prisoners of war have fallen

is bound to maintain them. Failing a special agreement between

the belligerents, prisoners of war shall be treated as regards

food, quarters, and clothing, on the same footing as the

troops of the Government which has captured them.

ARTICLE VIII.

Prisoners of war shall be subject to the laws, regulations,

and orders in force in the army of the State into whose hands

they have fallen. Any act of insubordination warrants the

adoption, as regards them, of such measures of severity as may

be necessary. Escaped prisoners, recaptured before they have

succeeded in rejoining their army, or before quitting the

territory occupied by the army that captured them, are liable

to disciplinary punishment. Prisoners who, after succeeding in

escaping, are again taken prisoners, are not liable to any

punishment for the previous flight.

ARTICLE IX.

Every prisoner of war, if questioned, is bound to declare his

true name and rank, and if he disregards this rule, he is

liable to a curtailment of the advantages accorded to the

prisoners of war of his class.

ARTICLE X.

Prisoners of war may be set at liberty on parole if the laws

of their country authorize it, and, in such a case, they are

bound, on their personal honour, scrupulously to fulfil, both

as regards their own Government and the Government by whom

they were made prisoners, the engagements they have

contracted. In such cases, their own Government shall not

require of nor accept from them any service incompatible with

the parole given.

ARTICLE XI.

A prisoner of war cannot be forced to accept his liberty on

parole; similarly the hostile Government is not obliged to

assent to the prisoner's request to be set at liberty on

parole.

ARTICLE XII.

Any prisoner of war, who is liberated on parole and

recaptured, bearing arms against the Government to whom he had

pledged his honour, or against the allies of that Government,

forfeits his right to be treated as a prisoner of war, and can

be brought before the Courts.

ARTICLE XIII.

Individuals who follow an army without directly belonging to

it, such as newspaper correspondents and reporters, sutlers,

contractors, who fall into the enemy's hands, and whom the

latter think fit to detain, have a right to be treated as

prisoners of war, provided they can produce a certificate from

the military authorities of the army they were accompanying.

ARTICLE XIV.

A Bureau for information relative to prisoners of war is

instituted, on the commencement of hostilities, in each of the

belligerent States and, when necessary, in the neutral

countries on whose territory belligerents have been received.

This Bureau is intended to answer all inquiries about

prisoners of war, and is furnished by the various services

concerned with all the necessary information to enable it to

keep an individual return for each prisoner of war. It is kept

informed of internments and changes, as well as of admissions

into hospital and deaths. It is also the duty of the

Information Bureau to receive and collect all objects of

personal use, valuables, letters, &c., found on the

battlefields or left by prisoners who have died in hospital or

ambulance, and to transmit them to those interested.

ARTICLE XV.

Relief Societies for prisoners of war, which are regularly

constituted in accordance with the law of the country with the

object of serving as the intermediary for charity, shall

receive from the belligerents for themselves and their duly

accredited agents every facility, within the bounds of

military requirements and Administrative Regulations, for the

effective accomplishment of their humane task. Delegates of

these Societies may be admitted to the places of internment

for the distribution of relief, as also to the halting places

of repatriated prisoners, if furnished with a personal permit

by the military authorities, and on giving an engagement in

writing to comply with all their Regulations for order and

police.

ARTICLE XVI.

The Information Bureau shall have the privilege of free

postage. Letters, money orders, and valuables, as well as

postal parcels destined for the prisoners of war or despatched

by them, shall be free of all postal duties, both in the

countries of origin and destination, as well as in those they

pass through. Gifts and relief in kind for prisoners of war

shall be admitted free of all duties of entry and others, as

well as of payments for carriage by the Government rail ways.

ARTICLE XVII.

Officers taken prisoners may receive, if necessary, the full

pay allowed them in this position by their country's

regulations, the amount to be repaid by their Government.

ARTICLE XVIII.

Prisoners of war shall enjoy every latitude in the exercise of

their religion, including attendance at their own church

services, provided only they comply with the regulations for

order and police issued by the military authorities.

ARTICLE XIX.

The wills of prisoners of war are received or drawn up on the

same conditions as for soldiers of the national army. The same

rules shall be observed regarding death certificates, as well as

for the burial of prisoners of war, due regard being paid to

their grade and rank.

{362}

ARTICLE XX.

After the conclusion of peace, the repatriation of prisoners

of war shall take place as speedily as possible.

CHAPTER III.

On the Sick and Wounded.

ARTICLE XXI.

The obligations of belligerents with regard to the sick and

wounded are governed by the Geneva Convention of the 22d

August, 1864, subject to any modifications which may be

introduced into it.

SECTION II.

On Hostilities.

CHAPTER I.

On means of injuring the Enemy, Sieges: and Bombardments.

ARTICLE XXII.

The right of belligerents to adopt means of injuring the enemy

is not unlimited.

ARTICLE XXIII.

Besides the prohibitions provided

by special Conventions, it is especially prohibited:

(a.) To employ poison or poisoned arms;

(b.) To kill or wound treacherously individuals belonging

to the hostile nation or army;

(c.) To kill or wound an enemy who, having laid down arms,

or having no longer means of defence, has surrendered at

discretion;

(d.) To declare that no quarter will be given;

(e.) To employ arms, projectiles, or material of a nature

to cause superfluous injury;

(f.) To make improper use of a flag of truce, the national

flag, or military ensigns and the enemy's uniform, as well

as the distinctive badges of the Geneva Convention;

(g.) To destroy or seize the enemy's property, unless such

destruction or seizure be imperatively demanded by the

necessities of war.

ARTICLE XXIV.

Ruses of war and the employment of methods necessary to obtain

information about the enemy and the country, are considered

allowable.

ARTICLE XXV.

The attack or bombardment of towns, villages, habitations or

buildings which are not defended, is prohibited.

ARTICLE XXVI.

The Commander of an attacking force, before commencing a

bombardment, except in the case of an assault, should do all

he can to warn the authorities.

ARTICLE XXVII.

In sieges and bombardments all necessary steps should be taken

to spare as far as possible edifices devoted to religion, art,

science, and charity, hospitals, and places where the sick and

wounded are collected, provided they are not used at the same

time for military purposes. The besieged should indicate these

buildings or places by some particular and visible signs,

which should previously be notified to the assailants.

ARTICLE XXVIII.

The pillage of a town or place, even when taken by assault, is

prohibited.

CHAPTER II.

On Spies.

ARTICLE XXIX.

An individual can only be considered a spy if, acting

clandestinely, or on false pretences, he obtains, or seeks to

obtain information in the zone of operations of a belligerent,

with the intention of communicating it to the hostile party.

Thus, soldiers not in disguise who have penetrated into the

zone of operations of a hostile army to obtain information are

not considered spies. Similarly, the following are not

considered spies: soldiers or civilians, carrying out their

mission openly, charged with the delivery of despatches

destined either for their own army or for that of the enemy.

To this class belong likewise individuals sent in balloons to

deliver despatches, and generally to maintain communication

between the various parts of an army or a territory.

ARTICLE XXX.

A spy taken in the act cannot be punished without previous

trial.

ARTICLE XXXI.

A spy who, after rejoining the army to which he belongs, is

subsequently captured by the enemy, is treated as a prisoner

of war, and incurs no responsibility for his previous acts of

espionage.

CHAPTER III.

On Flags of Truce.

ARTICLE XXXII.

An individual is considered as bearing a flag of truce who is

authorized by one of the belligerents to enter into

communication with the other, and who carries a white flag. He

has a right to inviolability, as well as the trumpeter,

bugler, or drummer, the flag-bearer, and the interpreter who

may accompany him.

ARTICLE XXXIII.

The Chief to whom a flag of truce is sent is not obliged to

receive it in all circumstances. He can take all steps

necessary to prevent the envoy taking advantage of his mission

to obtain information. In case of abuse, he has the right to

detain the envoy temporarily.

ARTICLE XXXIV.

The envoy loses his rights of inviolability if it is proved

beyond doubt that he has taken advantage of his privileged

position to provoke or commit an act of treachery.

CHAPTER IV.

On Capitulations.

ARTICLE XXXV.

Capitulations agreed on between the Contracting Parties must

be in accordance with the rules of military honour. When once

settled, they must be scrupulously observed by both the

parties.

CHAPTER V.

On Armistices.

ARTICLE XXXVI.

An armistice suspends military operations by mutual agreement

between the belligerent parties. If its duration is not fixed,

the belligerent parties can resume operations at any time,

provided always the enemy is warned within the time agreed

upon, in accordance with the terms of the armistice.

ARTICLE XXXVII.

An armistice may be general or local. The first suspends all

military operations of the belligerent States; the second,

only those between certain fractions of the belligerent armies

and in a fixed radius.

ARTICLE XXXVIII.

An armistice must be notified officially, and in good time, to

the competent authorities and the troops. Hostilities are

suspended immediately lifter the notification, or at a fixed

date.

ARTICLE XXXIX.

It is for the Contracting Parties to settle, in the terms of

the armistice, what communications may be held, on the theatre

of war, with the population and with each other.

ARTICLE XL.

Any serious violation of the armistice by one of the parties

gives the other party the right to denounce it, and even, in

case of urgency, to recommence hostilities at once.

ARTICLE XLI.

A violation of the terms of the armistice by private

individuals acting on their own initiative, only confers the

right of demanding the punishment of the offenders, and, if

necessary, indemnity for the losses sustained.

{363}

SECTION III.

On Military Authority over Hostile Territory.

ARTICLE XLII.

Territory is considered occupied when it is actually placed

under the authority of the hostile army. The occupation

applies only to the territory where such authority is

established, and in a position to assert itself.

ARTICLE XLIII.

The authority of the legitimate power having actually passed

into the hands of the occupant, the latter shall take all

steps in his power to re-establish and insure, as far as

possible, public order and safety, while respecting, unless

absolutely prevented, the laws in force in the country.

ARTICLE XLIV.

Any compulsion of the population of occupied territory to take

part in military operations against its own country is

prohibited.

ARTICLE XLV.

Any pressure on the population of occupied territory to take

the oath to the hostile Power is prohibited.

ARTICLE XLVI.

Family honours and rights, individual lives and private

property, as well as religious convictions and liberty, must

be respected. Private property cannot be confiscated.

ARTICLE XLVII.

Pillage is formally prohibited.

ARTICLE XLVIII.

If, in the territory occupied, the occupant collects the

taxes, dues, and tolls imposed for the benefit of the State,

he shall do it, as far as possible, in accordance with the

rules in existence and the assessment in force, and will in

consequence be bound to defray the expenses of the

administration of the occupied territory on the same scale as

that by which the legitimate Government was bound.

ARTICLE XLIX.

If, besides the taxes mentioned in the preceding Article, the

occupant levies other money taxes in the occupied territory,

this can only be for military necessities or the

administration of such territory.

ARTICLE L.

No general penalty, pecuniary or otherwise, can be inflicted

on the population on account of the acts of individuals for

which it cannot be regarded as collectively responsible.

ARTICLE LI.

No tax shall be collected except under a written order and on

the responsibility of a Commander-in-chief. This collection

shall only take place, as far as possible, in accordance with

the rules in existence and the assessment of taxes in force.

For every payment a receipt shall be given to the taxpayer.

ARTICLE LII.

Neither requisitions in kind nor services can be demanded from

communes or inhabitants except for the necessities of the army

of occupation. They must be in proportion to the resources of the

country, and of such a nature as not to involve the population

in the obligation of taking part in military operations

against their country. These requisitions and services shall

only be demanded on the authority of the Commander in the

locality occupied. The contributions in kind shall, as far as

possible, be paid for in ready money; if not, their receipt

shall be acknowledged.

ARTICLE LIII.

An army of occupation can only take possession of the cash,

funds, and property liable to requisition belonging strictly

to the State, depots of arms, means of transport, stores and

supplies, and, generally, all movable property of the State

which may be used for military operations. Railway plant, land

telegraphs, telephones, steamers, and other ships, apart from

cases governed by maritime law, as well as depots of arms and,

generally, all kinds of war material, even though belonging to

Companies or to private persons, are likewise material which

may serve for military operations, but they must be restored

at the conclusion of peace, and indemnities paid for them.

ARTICLE LIV.

The plant of railways coming from neutral States, whether the

property of those States, or of Companies, or of private

persons, shall be sent back to them as soon as possible.

ARTICLE LV.

The occupying State shall only be regarded as administrator

and usufructuary of the public buildings, real property,

forests, and agricultural works belonging to the hostile

State, and situated in the occupied country. It must protect

the capital of these properties, and administer it according

to the rules of usufruct.

ARTICLE LVI.

The property of the communes, that of religious, charitable,

and educational institutions, and those of arts and science,

even when State property, shall be treated as private

property. All seizure of, and destruction, or intentional

damage done to such institutions, to historical monuments,

works of art or science, is prohibited, and should be made the

subject of proceedings.

SECTION IV.

On the Internment of Belligerents and the Care of the Wounded

in Neutral Countries.

ARTICLE LVII.

A neutral State which receives in its territory troops

belonging to the belligerent armies shall intern them, as far

as possible, at a distance from the theatre of war. It can

keep them in camps, and even confine them in fortresses or

localities assigned for this purpose. It shall decide whether

officers may be left at liberty on giving their parole that

they will not leave the neutral territory without

authorization.

ARTICLE LVIII.

Failing a special Convention, the neutral State shall supply

the interned with the food, clothing, and relief required by

humanity. At the conclusion of peace, the expenses caused by

the internment shall be made good.

ARTICLE LIX.

A neutral State may authorize the passage through its

territory of wounded or sick belonging to the belligerent

armies, on condition that the trains bringing them shall carry

neither combatants nor war material. In such a case, the neutral

State is bound to adopt such measures of safety and control as

may be necessary for the purpose. Wounded and sick brought

under these conditions into neutral territory by one of the

belligerents, and belonging to the hostile party, must be

guarded by the neutral State, so as to insure their not taking

part again in the military operations. The same duty shall

devolve on the neutral State with regard to wounded or sick of

the other army who may be committed to its care.

{364}

ARTICLE LX.

The Geneva Convention applies to sick and wounded interned in

neutral territory. The Convention establishing these

regulations was not signed by the delegates from the United

States, nor by those of Great Britain. The reasons for

abstention on the part of the latter were stated in a

communication from the British War Office, as follows: "Lord

Lansdowne … considers it essential that the revised Articles,

together with the Preamble and final dispositions, should be

submitted to the most careful examination by the high military

authorities and by the legal advisers of Her Majesty's

Government, before he can pronounce a definitive opinion on

the three points raised. Subject to such reserves as may

result from this examination, Lord Lansdowne is of opinion

that the Project of Convention is in general of such a nature

that it may, in principle, be accepted as a basis of

instructions for the guidance of the British army, but he is

unable, until that examination has been completed, to offer an

opinion as to whether it is desirable to enter into an

international engagement. Lord Lansdowne would therefore

suggest, for Lord Salisbury's consideration, that instructions

should be given to Sir Julian Pauncefote to reserve full

liberty for Her Majesty's Government, to accept only such

Articles as, after mature examination by their military and

legal advisers, they may approve of." Probably the delegates

from the United States were similarly instructed by their

government.

Added to the Convention relative to Laws and Customs of War

were three Declarations, separately signed, as follows:

1. "The contracting powers agree to prohibit, for a term of

five years, the launching of projectiles and explosives from

balloons, or by other new methods of a similar nature."

2. "The contracting parties agree to abstain from the use of

bullets which expand or flatten easily in the human body, such

as bullets with a hard envelope which does not entirely cover

the core, or is pierced with incisions."

3. "The contracting parties agree to abstain from the use of

projectiles the object of which is the diffusion of

asphyxiating or deleterious gases."

The first of these Declarations was signed by the delegates

from the United States, but not by those from Great Britain.

The second and third were signed by neither British nor

American representatives. In the discussion that preceded the

adoption of the second Declaration by a majority of the

Conference, Captain Crozier, of the American delegation,

presented the objections to it, on which he and his colleagues

were in agreement with the British representatives. He said

"there was a great difference of opinion as to whether the

bullets of small calibre rifles sufficed to put men 'hors de

combat,' which was admitted on all sides to be the object

which rifle fire was expected to achieve. He considered the

proposition before the Conference to be unsatisfactory, since

it limited the prohibition to details of construction which

only included a single case, and left all others out of

consideration. He would not enter into a recapitulation of all

the advantages of small calibre rifles, since they were

perfectly well known; but he felt sure that certain Powers

might adopt calibres even smaller than those at present in

use, and, in this case, he maintained that they would be

compelled to secure increased shock by some new method of

construction of the projectile. He considered that it would be

perfectly easy to devise such projectiles while keeping within

the terms of the proposed interdiction, and he thought that

the result might be the ultimate adoption of a bullet of an

even less humane character than those aimed at by the

Resolution. He declared that he had nothing to say for or

against the Dum-Dum bullet [see, in this volume, DUM-DUM

BULLET], of which he knew nothing except what had been stated

during the meetings of the First Commission, but that he was

not disposed to make any condemnation without proofs, and

these proofs had not been forthcoming."

As for the third Declaration, it was opposed by Captain Mahan,

who spoke for the Americans, because "he considered the use of

asphyxiating shell far less inhuman and cruel than the

employment of submarine boats, and as the employment of

submarine boats had not been interdicted by the Conference

(though specially mentioned with that object in the Mouravieff

Circular), he felt constrained to maintain his vote in favour of

the use of asphyxiating shell on the original ground that the

United States' Government was averse to placing any

restriction on the inventive genius of its citizens in

inventing and providing new weapons of war."

PEACE CONFERENCE:

Convention for the adaptation to maritime warfare of the

principles of the Geneva Convention of August 22, 1864.

ARTICLE I.

Military hospital-ships, that is to say, ships constructed or

assigned by States specially and solely for the purpose of

assisting the wounded, sick, or shipwrecked, and the names of

which shall have been communicated to the belligerent Powers

at the commencement or during the course of hostilities, and

in any case before they are employed, shall be respected and

cannot be captured while hostilities last. These ships,

moreover, are not on the same footing as men-of-war as regards

their stay in a neutral port.

ARTICLE II.

Hospital-ships, equipped wholly or in part at the cost of

private individuals or officially recognized relief Societies,

shall likewise be respected and exempt from capture, provided

the belligerent Power to whom they belong has given them an

official commission and has notified their names to the

Hostile Power at the commencement of or during hostilities,

and in any case before they are employed. These ships should

be furnished with a certificate from the competent

authorities, declaring that they had been under their control

while fitting out and on final departure.

ARTICLE III.

Hospital-ships, equipped wholly or in part at the cost of

private individuals or officially recognized Societies of

neutral countries, shall be respected and exempt from capture,

if the neutral Power to whom they belong has given them an

official commission and notified their names to the

belligerent Powers at the commencement of or during

hostilities, and in any case before they are employed.

ARTICLE IV.

The ships mentioned in Articles I, II, and III shall afford

relief and assistance to the wounded, sick, and shipwrecked of

the belligerents independently of their nationality. The

Governments engage not to use these ships for any military

purpose. These ships must not in any way hamper the movements

of the combatants. During and after an engagement they will

act at their own risk and peril. The belligerents will have

the right to control and visit them; they can refuse to help

them, order them off, make them take a certain course, and put

a Commissioner on board; they can even detain them, if important

circumstances require it. As far as possible the belligerents

shall inscribe in the sailing papers of the hospital-ships the

orders they give them.

{365}

ARTICLE V.

The military hospital-ships shall be distinguished by being

painted white outside with a horizontal band of green about a

metre and a half in breadth. The ships mentioned in Articles

II and III shall be distinguished by being painted white

outside with a horizontal band of red about a metre and a half

in breadth. The boats of the ships above mentioned, as also

small craft which may be used for hospital work, shall be

distinguished by similar painting. All hospital-ships shall

make themselves known by hoisting, together with their

national flag, the white flag with a red cross provided by the

Geneva Convention.

ARTICLE VI.

Neutral merchantmen, yachts, or vessels, having, or taking on

board, sick, wounded, or shipwrecked of the belligerents,

cannot be captured for so doing, but they are liable to

capture for any violation of neutrality they may have

committed.

ARTICLE VII.

The religious, medical, or hospital staff of any captured ship

is inviolable, and its members cannot be made prisoners of

war. On leaving the ship they take with them the objects and

surgical instruments which are their own private property.

This staff shall continue to discharge its duties while

necessary, and can afterwards leave when the

Commander-in-chief considers it possible. The belligerents

must guarantee to the staff that has fallen into their hands

the enjoyment of their salaries intact.

ARTICLE VIII.

Sailors and soldiers who are taken on board when sick or

wounded, to whatever nation they belong, shall be protected

and looked after by the captors.

ARTICLE IX.

The shipwrecked, wounded, or sick of one of the belligerents

who fall into the hands of the other, are prisoners of war.

The captor must decide, according to circumstances, if it is

best to keep them or send them to a port of his own country,

to a neutral port, or even to a hostile port. In the last

case, prisoners thus repatriated cannot serve as long as the

war lasts.

ARTICLE X.

The shipwrecked, wounded, or sick, who are landed at a neutral

port with the consent of the local authorities, must, failing

a contrary arrangement between the neutral State and the

belligerents, be guarded by the neutral State, so that they

cannot again take part in the military operations. The

expenses of entertainment and internment shall be borne by the

State to which the shipwrecked, wounded, or sick belong.

ARTICLE XI.

The rules contained in the above Articles are binding only on

the Contracting Powers, in case of war between two or more of

them. The said rules shall cease to be binding from the time

when, in a war between the Contracting Powers, one of the

belligerents is joined by a non-Contracting Power.

ARTICLE XII.

The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague. On the

receipt of each ratification a "procès-verbal" shall be drawn

up, a copy of which, duly certified, shall be sent through the

diplomatic channel to all the Contracting Powers.

ARTICLE XIII.

The non-Signatory Powers who accepted the Geneva Convention of

the 22d August, 1864, are allowed to adhere to the present

Convention. For this purpose they must make their adhesion

known to the Contracting Powers by means of a written

notification addressed to the Netherland Government, and by it

communicated to all the other Contracting Powers.

ARTICLE XIV.

In the event of one of the High Contracting Parties denouncing

the present Convention, such denunciation shall not take

effect until a year after the notification made in writing to

the Netherland Government, and forthwith communicated by it to

all the other Contracting Powers. This denunciation shall only

affect the notifying Power.

In faith of which the respective Plenipotentiaries have signed

the present Convention and affixed their seals thereto.

[Signed by the representatives of Belgium, Denmark, Spain,

Mexico, France, Greece, Montenegro, the Netherlands, Persia,

Portugal, Roumania, Russia, Siam, Sweden and Norway, and

Bulgaria]

----------PEACE CONFERENCE: End--------

PEARY'S EXPLORATIONS.

See (in this volume)

POLAR EXPLORATION, 1895, 1896, 1897, 1898—.

PEKING: A. D. 1900.

The siege of the Foreign Legations and their rescue.

Occupation of the city by the allied forces.

Looting and outrage.

March through the "Forbidden City."

See (in this volume)

CHINA: A. D. 1900 (JUNE-AUGUST);

and (AUGUST 4-16, and 15-28).

PEKING: A. D. 1900-1901.

Seizure of grounds for a fortified Legation Quarter.

See (in this volume)

CHINA: A. D. 1900-1901 (NOVEMBER-FEBRUARY).

PEKING SYNDICATE, Chinese concessions to the.

See (in this volume)

CHINA: A. D. 1898 (FEBRUARY-DECEMBER).

PELAGIC SEAL KILLING, The question of.

See (in this volume)

BERING SEA QUESTIONS.

PELEW ISLANDS:

Sale by Spain to Germany.

See (in this volume)

CAROLINE AND MARIANNE ISLANDS.

PENNSYLVANIA: A. D. 1897.

Great strike of coal miners.

Conflict at Lattimer.

See (in this volume)

INDUSTRIAL DISTURBANCES: A. D. 1897.

PENNSYLVANIA: A. D. 1900.

Strike of anthracite coal miners.

See (in this volume)

INDUSTRIAL DISTURBANCES: A. D. 1900.

PENNSYLVANIA, University of:

Expeditions to explore the ruins of Nippur.

See (in this volume)

ARCHÆOLOGICAL RESEARCH: BABYLONIA:

AMERICAN EXPLORATION.

PENNY POSTAGE, British Imperial.

See (in this volume)

ENGLAND: A. D. 1898 (DECEMBER).

PENSIONS, Old-Age.

See references (in this volume) under

OLD-AGE PENSIONS.

PEONES.

See (in this volume)

PORTO RICO: A. D. 1898-1899 (AUGUST-JULY).

PEOPLE'S PARTY, The.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1896 (JUNE-NOVEMBER);

and 1900 (MAY-NOVEMBER).

{366}

PERRY'S EXPEDITION TO JAPAN,

Proposed monument to commemorate.

See (in this volume)

JAPAN: A. D. 1901.

PERSIA: A.D. 1896.

Assassination of the Shah.

The Shah of Persia, Nâsr-ed-din, was shot, on the 1st day of

May, when entering the mosque of Shah Abdul Azim, by one Mirza

Mahomed Reza, said to be of the Babi sect. Nâsr-ed-din had

reigned since 1848. He was succeeded by his son,

Muzaffar-ed-din, who was forty-three years old at his

accession.

PERSIA: A. D. 1897-1899.

Recent exploration of the ruins of Susa.

See (in this volume)

ARCHÆOLOGICAL RESEARCH: PERSIA.

PERSIA: A. D. 1899 (May-July).

Representation in the Peace Conference at The Hague.

See (in this volume)

PEACE CONFERENCE.

PERSIA: A. D. 1900.

Russian railway projects.

See (in this volume)

RUSSIA IN ASIA: A. D. 1900.

PERSIAN GULF, Railways to the.

See (in this volume)

TURKEY: A. D. 1899 (NOVEMBER);

and RUSSIA IN ASIA: A. D. 1900.

PERU: A. D. 1894-1899.

Overthrow of an unconstitutional government.

Legitimate authority restored.

The death of President Bermudez, in March, 1894, brought about

a revolutionary movement in the interest of ex-President

Caceres. Constitutionally, the First Vice-President, Dr. del

Solar, would have succeeded the deceased President, until a

new election was held; but the Second Vice-President, who was

a partisan of Caceres, and who had the army with him, seized

control of the government. In May, Caceres was proclaimed

Provisional President, and in August it was claimed for him

that he had been elected by Congress; but the election was not

recognized by his opponents. A formidable rebellion was

organized, under the lead of ex-President Pierola, who had

been in exile and now returned. Civil war raged for nearly a

year, Pierola gaining steadily. In February, 1895, his forces

reached the capital and laid siege to it. On the 17th of March

they entered the city, and there was desperate fighting in the

streets of Lima for three days, nearly 2,000 of the

combatants being killed and more than 1,500 wounded. Chiefly

through the efforts of the Papal delegate, the bloody conflict

was finally stopped and terms of peace arranged. A provisional

government, made up from both parties, was formed, under which

a peaceable election was held in the following July. Pierola

was then elected President. Caceres and his partisans

attempted a rising the next year (1896), but it had no

success. In the northern department of Loreto, on the border

of Ecuador, an abortive movement for independence was set on

foot by an ambitious official, who gave the government

considerable trouble, but accomplished nothing more. In 1899,

President Pierola was succeeded by Eduardo L. de Romana,

elected in May. A rebellion attempted that year by one General

Durand was promptly suppressed.

PERU: A. D. 1894.-1900.

The dispute with Chile concerning Tacna and Arica.

See (in this volume)

CHILE: A. D. 1884-1900.

PESCADORES ISLANDS:

Cession by China to Japan.

See (in this volume)

CHINA: A. D. 1894-1895.

PHILADELPHIA: A. D. 1897.

Opening of the Commercial Museum.

A Commercial Museum which has acquired great importance was

opened in Philadelphia on the 2d of June, 1897. "In both aim

and results the institution is unique. Other countries, also,

have their commercial museums, which are doing excellent work.

Their scope, however, is much more limited; the Museum of

Philadelphia differing from them in that it is an active, not

merely a passive, aid to the prospective exporter. The foreign

museums, situated in London, Bremen, Hamburg, Stuttgart,

Vienna, Havre, Brussels, and various other commercial centres,

do not extend active aid, but content themselves with more or

less complete displays of samples of domestic and foreign

competitive goods sold in export markets. The theory of their

organization is, that the manufacturer, contemplating a

foreign business campaign, will be enabled to pursue it

intelligently through the study of these samples. The

initiative is left to the exporter himself, who must discover

what opportunities exist for him abroad; and it is also left

to him to take advantage of his opportunities in the way that

may seem best to him. The display of manufactured samples is

only a small part of the work of the Philadelphia Museum. This

institution shows not only what goods are sold in foreign

markets, but also where those markets are, what commercial

conditions obtain in connection with them, what particular

kinds of goods they demand, how these markets may be best

competed for, and where the raw material may be most

profitably purchased. It furnishes information, furthermore,

as to business connections as well as the credit ratings of

the agents or firms recommended. To secure specific

information it is not necessary to visit the institution

itself; for reports of trade opportunities abroad are

distributed by the Museum to its members; and these reports

are provided with photographs of many of the articles which,

at that particular time, are in demand, in certain parts of

the world. Under these circumstances, the exporter is

practically provided with a staff of expert, foreign

representatives, without any expense to himself beyond the

merely nominal fee for membership. While its activities are

dependent to a certain extent upon the income derived from

subscribers, the Museum is not a money-making institution.

Indeed, its income from this source does not cover half the

expenditures. It is enabled to carry on its work only by

reason of the generous, annual appropriation provided for it

by the City Councils of Philadelphia. But a very large income

is required to maintain a staff of 150 employees in

Philadelphia, as well as 500 regular and several thousand

occasional correspondents scattered throughout the world. The

only advantage which the city itself derives from the Museum

is that resulting indirectly from the presence of foreign

buyers attracted to Philadelphia by the Museum's work."

_W. P. Wilson,

The Philadelphia Commercial Museum

(Forum, September, 1899)._

PHILADELPHIA: A. D. 1899.

National Export Exposition and International

Commercial Congress.

See (in this volume)

INTERNATIONAL COMMERCIAL CONGRESS.

{367}

----------PHILIPPINE ISLANDS: Start--------

PHILIPPINE ISLANDS:

Number, area, shore line, and population.

"In regard to the number and areas of the islands in the

archipelago there must necessarily be a certain inaccuracy,

because the group has never been properly surveyed, and the

only method of determining the number and areas is by counting

and measuring on the charts. The following figures are

probably the best ever compiled. They are drawn from

enumeration and mensuration on maps recently obtained by the

United States commissioners to the Philippines and which are

without doubt the most complete and the most thorough ever

made. The following is quoted from the introduction to these

maps, which are being published by the United States Coast and

Geodetic Survey. All the islands or groups having an area of over

20 square miles have been measured, and the areas are here

given in square miles and square kilometers. Many different

statements have been made in regard to the number of the

islands composing the archipelago. The cause for this must be

attributed to the scale of the charts on which the count was

made and the difficulty of distinguishing between rocks and

formations of sufficient area to dignify them by the name of

islands. Thus on a small-scale Spanish chart of the entire

group 948 islands were counted; on various large-scale charts

of the same area there were found 1,725. The principal

islands, with the extent of shore line of some of them and

their area, are given on the following lists. The areas were

carefully measured, but are subject to the inaccuracy of the

length of general shore line.

Name. Square Miles. Square kilometers.

Babuyan 36 93

Bagata, or Quinalasag 27 70

Balabae 38 98

Basilan 350 907

Batan 21 54

Bantayan 26 67

Bohol 1,430 3,727

Bucas 41 106

Burias 153 422

Busuanga 328 850

Calayan 37 96

Calamian 117 303

Camiguin (Babnyanes group) 54 140

Camiguin 71 184

Catandunanes 680 1,761

Cebu 1,742 4,512

Dalupiri 20 53

Dinagat 259 671

Dumaran 95 246

Fuga 21 54

Guimaras 176 456

Leite (Leyte) 2,713 7,027

Linapacan 40 104

Luzon 47,238 122,346

Mactan 20 52

Malhou (Homonkon) 35 91

Marindugna 287 743

Masbate 1.200 3,341

Mindanao 36,237 93,854

Mindoro 3,972 10,987

Negros 4,854 12,571

Olutanga 71 184

Panaon 57 148

Panay 4,708 12,194

Panglao 24 62

Pangutaran 32 85

Polillo 231 598

Samal 105 272

Samar 5,040 13,054

Saranguani 36 93

Semerara 23 60

Siargao 134 347

Sibuyan 131 339

Siquijor 83 215

Sulu, or Jolo 241 624

Tablas 250 648

Ticao 94 243

Ybayat, or Ibayat 22 57

Ylin 24 62

GROUPS.

Alabat 76 197

Jomalig

Banton 44 114

Simara

Romblon

Daram 41 106

Buad

Camotes group: 74 192

Ponson

Poro

Pasijan

Calaguas group:

Tinagua 19 49

Guintinua

Cuyos group: 28 73

Cuyos

Cugo

Agutaya

Hamipo

Bisukei

Laguan 23 60

Batag

Limbancauyan 184 477

Mesa, or Talajit

Maripipi

Balupiri

Biliran

Lubang 53 163

Ambil

Golo

San Miguel 82 212

Batan

Cacraray

Rapurrapu

Tawi Tawi group: 183 414

Tawi Tawi

Tabulinga

Tandubato

Others of the

Tawi Tawi group. 54 140

Total measured 118,542 307,025

Estimated area of

unmeasured islands 1,000 2,500

Total area 119,542 309,615

{368}

Length of general shore line.

Name. Miles Kilometers

Bohol 161 259

Cebu 310 499

Jolo Archipelago 858 1,381

Kalamines 126 203

Leite 363 584

Luzon 2,144 3,450

Masbate 244 393

Mindanao 1,592 2,562

Mindoro 322 518

Negros 386 621

Palawan 644 1,036

Panay 377 607

Samar 412 663

Minor islands 3,505 5,641

Total 11,444 18,417

"The following [as to population] is a quotation from an

article by W. F. Wilcox, of the United States Census Bureau.

It is well to notice that the last official census was in 1887

and that the figures of that census, though probably

underestimating the population of the islands, are the ones

which, in default of better, we are obliged to take as final.

It is probable that these are an understatement of the true

population of the Philippines for several reasons, among which

is one not observed by Mr. Wilcox, and which is therefore

mentioned. It is, of course, only supposition, but is at least

suggestive. For every adult counted in the census the

officials were obliged to return a poll tax. Thus, for

instance, if 100,000 persons were counted 100,000 pesetas

would have to be returned to the treasury. It has therefore

been supposed that the officials counted, say, 150,000 and

returned only 100,000 pesetas and 100,000 names. Mr. Wilcox

says (American Statistical Association Publ., September,

1899): 'The population of the islands in 1872 was stated in a

letter to Nature (6:162), from Manila, by Dr. A. B. Meyer, who

gives the latest not yet published statistics as his

authority. The letter gives the population of nine islands, as

follows:

Luzon 4,467,111

Panay 1,052,586

Cebu 427,356

Leite 285,495

Bohol 283,515

Negros 255,873

Samar 250,062

Mindanao 191,802

Mindoro 70,926

"It also gives the population of each of the 43 provinces of

the islands. The population was not counted, but estimated.

The number who paid tribute was stated as 1,232,544. How this

was ascertained we are not informed. The total population,

7,451,352, was approximated 'on the supposition that about the

sixth part of the whole has to pay tribute.' In reality this

population is 6.046 times the assigned tribute-paying

population. But Dr. Meyer adds: 'As there exist in all the

islands, even in Luzon, independent tribes and a large number

in Mindanao, the number of 7,451,352 gives no correct idea of

the real population of the Philippines. This is not known at

all and will not be known for a long time to come.'

"Since 1872 there have been actual enumerations of the

Philippines, but authorities differ as to the time when they

occurred and the detailed results. These enumerations were

usually confined to the subject and Catholic population, and

omitted the heathen, Mohammedan, and independent tribes. Four

reports of the entire population have been printed:

1. A report made by the religious orders in 1876 or 1877, in

which the nationalities and creeds of the population were

distinguished.

2. A manuscript report to Professor Blumentritt of the

enumeration made by the religious orders in December, 1879.

3. The official report of the civil census of December 31,

1877, contained in Reseña geog. y estad. de España, 1888, p.

1079.

4. The official report upon the census taken by the civil

officers December 31, 1887, and printed in the first volume of

Censo de la Poblacion de España, at Madrid, in 1891.

The first two may be compared, and tend somewhat to

corroborate each other, as follows:

1. Tribute-paying natives. 5,501,356

2. Army 14,545

3. Navy 2,924

4. Religious officers (Geistlichkeit) 1,962

5. Civil officers 5,552

6. Other Spaniards 13,265

Total Spaniards 38,248

1876-77. 1879.

Total Catholics 5,539,604 5,777,522

Heathen and Mohammedan natives 602,853 632,640

Foreigners (In 1876 there were:

British, 176; German, 109;

Americans, 42; French, 30) 378 592

Chinese 30,797 39,054

Total 6,173,632 6,449,813

"The third enumeration reported 5,567,685 as the

tribute-paying population. To this number should be added the

estimated number of the independent tribes, 'Indios no

sometidos'; this according to the missionaries' count was

about 600,000, making a total of 6,167,685. Most experts agree

that this official report is untrustworthy and involves

serious omissions, but believe that the facts are so

imperfectly known that they are unable to correct it. One

author, del Pac, writing in 1882, started from the

missionaries' census of 1876-77, viz, 6,173,632, assumed that

this omitted as many as 600,000 members of independent tribes

and that the increase of 1876-1882 would be 740,000. In this

way he got 7,513,632. A second writer, Sanciano, estimated the

population in 1881 as 10,260,249. The missionaries made an

estimate of their own in 1885 which showed 9,529,841.

[Image: Seat of War in the Island of Luzon.]

{369}

"The fourth enumeration of those mentioned above showed a

population of 5,985,123 in 1887, and the totals both for the

group as a whole and for the fifty odd provinces tend to

confirm and to be confirmed by the civil count of 1877. This

number, however, represents only the nominally Catholic or

tribute-paying population. To it must be added the Mohammedan

or heathen tribes set down by clerical authorities as about

600,000. Perhaps the highest authority in this field,

Professor Blumentritt, is confident that this number does not

include all the independent tribes, but only those in the

mountains who have a special arrangement freeing them from all

the dues of the subject tribes. On the whole, therefore, Prof.

H. Wagner is inclined to estimate these omissions of

independent or non-Christian tribes at about 1,000,000 and the

population of the group at about 7,000,000. This result is

indorsed by the latest German authority, Hübner's

Geographisch-Statistische Tabellen for 1898, which gives the

population as

5,985,124 + 1,000,000 = 6,985,124, as follows:

Spanish Estimated number

census. not counted.

Luzon and adjacent islands 3,443,000 150,000

Mindoro and Masbate 126,000 100,000

Visayas Archipelago 2,181,000 200,000

Mindanao 209,000 400,000

Calamianes and Palawan 22,000 50,000

Jolo (Sulu) Islands 4,000 100,000

Total 5,985,000 1,000,000

"Personally I am disposed to suspect that this number,

although called by Professor Wagner an outside estimate, is

below rather than above the truth. In favor of this position

it may be urged that Professor Wagner's estimate makes no

allowance either for the natural increase of population,

1887-1898, or for the fact that the first careful census of

densely populated regions, like India and Japan, usually

reveals a larger population than had been previously

estimated. This analogy might reasonably be applied to Luzon

and the Visayas."

_United States, 56th Congress, 1st Session,

Senate Document Number 171, pages 4-7._

PHILIPPINE ISLANDS:

The native inhabitants.

"The inhabitants of the Philippines belong to three sharply

distinct races—the Negrito race, the Indonesian race, and the

Malayan race. It is universally conceded that the Negritos of

to-day are the disappearing remnants of a people which once

populated the entire archipelago. They are, physically,

weaklings of low stature, with black skin, closely-curling

hair, flat noses, thick lips, and large, clumsy feet. In the

matter of intelligence they stand at or near the bottom of the

human series, and they are believed to be incapable of any

considerable degree of civilization or advancement. Centuries

ago they were driven from the coast regions into the wilder

interior portions of the islands by Malay invaders, and from

that day to this they have steadily lost ground in the

struggle for existence, until but a few scattered and

numerically insignificant groups of them remain. … It is

believed that not more than 25,000 of them exist in the entire

archipelago, and the race seems doomed to early extinction. …

"So far as is at present known, the Philippine tribes

belonging to the Indonesian race are confined to the great

island of Mindanao, the surface of which constitutes about

one-third of the total land area of the archipelago. … The

Philippine representatives of this race are physically

superior not only to the Negritos, but to the more numerous

Malayan peoples as well. They are tall and well developed,

with high foreheads, aquiline noses, wavy hair, and often with

abundant beards. The color of their skins is quite light. Many

of them are very clever and intelligent. None of the tribes

have been Christianized. Some of them have grown extremely

fierce and warlike as a result of their long struggle with

hostile Malayan peoples. Others, more happy in their

surroundings, are pacific and industrious.

"The great majority of the inhabitants of the Philippines are

of Malayan extraction, although the race is not found pure in

any of the islands, but is everywhere more or less modified

through intermarriage with Chinese, Indonesians, Negritos,

Arabs, and, to a limited extent, Spaniards and other

Europeans. The individuals belonging to these Malayan tribes

are of medium size, with straight black hair. As a rule the

men are beardless, and when they have a beard it is usually

straggling, and appears late in life. The skin is brown and

distinctly darker than that of the Indonesians, although very

much lighter than that of the Negritos. The nose is short and

frequently considerably flattened. The representatives of

these three races are divided into numerous tribes, which

often differ very greatly in language, manners, customs, and

laws, as well as in degree of civilization. …

"Any estimate of the total population must manifestly depend

on the number of inhabitants assigned to the various wild

tribes, of which there are no less than 69. For the purposes

of this report the commission has adopted as the total figure

8,000,000, considering this a conservative estimate. Baranera,

whose figures are believed to be carefully prepared, places

the total at 9,000,000. The extent of territory occupied in

whole or in part by each of the more important civilized

tribes can be estimated with a greater degree of accuracy, and

is approximately as follows: Visayans (occupying 28,100 square

miles) 2,601,600; Tagalogs (15,380 sq. miles) 1,663,900;

Bicols (6,900 sq. miles) 518,100; Ilocanos (6,170 sq. miles)

441,700; Pangasinaus (1,950 sq. miles) 365,500; Pampangas

(1,950 sq. miles) 337,900; Moros (12,860 sq. miles) 268,000;

Cagayans(11,500 sq. miles) 166,300. All of these peoples,

although ignorant and illiterate, are possessed of a

considerable degree of civilization, and, with the exception

of the Mohammedan Moros, are Christianized."

_Philippine Commission,

Report, January 31, 1900, volume 1, pages 11-15._

PHILIPPINE ISLANDS: A. D. 1896-1898.

The Katipunan and the rising against Spanish rule.

Appearance of Aguinaldo as a leader.

Dr. José Rizal.

The Treaty of Biac-na-bato.

Departure of Aguinaldo and his return with

the American forces.

The Philippine Islands, discovered in 1521 by Magellan (or

Maghallanes or Magalhaes), and occupied by the Spaniards in

1565, seems, for a long period, to have interested that people

more as a missionary than as a commercial field. Indeed, the

doings of the church and of the religious orders, and the

acceptance of Roman teachings of Christianity by the greater

part of the native population, make up the essential history

of the Philippines until quite recent times. If the islands

had offered gold mines, or pearl fisheries, or spice forests

to their European discoverers, the story would certainly have

been different. As it was, the Spaniards were not moved to

much eagerness in exploiting such resources of commerce as

they found; and so, through fortunate circumstances, the

natives were made converts instead of slaves.

{370}

By missionaries, more than by soldiers, they were subdued; by

the church, more than by the Spanish state, they were ruled.

It is certain that there were great corruptions and

oppressions in the government, and it follows that a large

share of responsibility for them rests on those who controlled

the affairs of the church. For the past hundred years, at

least, the more spirited part of the native population has

been restive under the misrule and its burdens, and frequent

attempts at insurrection have been made. Such an outbreak in

1872 was suppressed and punished with a vengefulness, in

executions and banishment, which rankled ever afterwards in

the hearts of the people.

A secret society, called the "Katipunan," or League, was then

formed, which became a revolutionary organization, and from

which sprang the most serious of Filipino rebellions, in 1896.

The province of Cavite was the center of revolt, and it was

there that Emilio Aguinaldo, then the schoolmaster at Silan,

came into prominence as a leader. Mr. John Foreman, who was in

the Philippines at the time of the insurrection, states that

Aguinaldo was personally humane, but fearful atrocities were

committed in the first months of the rising by some of the

insurgents of his band. One captured priest, according to Mr.

Foreman's account, "was cut up piecemeal; another was

saturated with petroleum and set on fire; and a third was

bathed in oil and fried on a bamboo spit run through the

length of his body." The Spaniards, on their side, were

equally inhuman in their treatment of captured rebels and

"suspects." Says Mr. Foreman: "About 600 suspects were

confined in the dungeons of Fort Santiago at the mouth of the

Pasig River. Then occurred a frightful tragedy. The dungeons

are below water-mark at high tide; the river filtered in

through the crevices in the ancient masonry; thus twice a day

these unfortunates were up to their waists or necks in water,

according to the height of the men. The Spanish sergeant on

duty threw his rug over the only light and ventilating shaft,

and, in a couple of days, carts were seen by many citizens

carrying away the dead, calculated to number 70. Provincial

governors and parish priests seemed to regard it as a duty to

supply the capital with batches of 'suspects' from their

localities. In Vigan, where nothing had occurred, many of the

heads of the best families and monied men were arrested and

brought to Manila in a steamer. They were bound hand and foot,

and carried like packages of merchandise in the hold. I

happened to be on the quay when the steamer discharged her

living freight, with chains and hooks to haul up and swing out

the bodies like bales of hemp. …

"Thousands of peaceful natives were treated with a ferocity

which would have shocked all Europe. … Within three months of

the outbreak, hundreds of the richest natives and half-castes

in Manila were imprisoned for a few days and released

conditionally"—the condition being a payment of ransom,

sometimes said to be as high as $40,000. But General Blanco,

the then Governor-General, was not vigorous enough in his

measures to satisfy the all-powerful clerical party in the

islands, and he was replaced by General Polaveja, who received

large reinforcements from Spain, and who succeeded in breaking

the strength of the rebellion to a great extent. But the

character of Polaveja's administration is thus described by

Mr. Foreman: "Apart from the circumstances of legitimate

warfare, in which probably neither party was more merciful

than the other, he initiated a system of striking terror into

the non-combatant population by barbarous tortures and

wholesale executions. … Men were escorted to the prisons by

pure caprice and subjected to horrible maltreatment. Many of

them were liberated in the course of a few days, declared

innocent, but maimed for life and forever unable to get a

living. … The only apparent object in all this was to

disseminate broadcast living examples of Spanish vengeance."

The most notable victim at this period was Dr. José Rizal, a

physician, highly educated in Europe, distinguished as an

oculist, and the author of certain novels in which the

condition of things in his native country was set forth. On

his return to the Islands, Dr. Rizal incurred the enmity of

the friars by opposing them, and was pursued by their

hostility. From 1893 to 1896 he was kept in banishment,

closely watched, at a small town in the island of Mindanao.

Then he sought and obtained permission to go to Cuba in the

medical staff of the Spanish army; but, just as he arrived at

Manila, on his way to Spain, the insurrection of 1896 broke

out, and though he was suffered to depart, his enemies pursued

him with accusations of complicity in the rising and caused

him to be brought back. Says Mr. Foreman, who was an

eye-witness of what occurred: "Not a few of us who saw the

vessel leave wished him 'God speed.' But the clerical party

were eager for his extermination. … The lay authorities always

had to yield to the monks, and history herein repeated itself.

Dr. Rizal was cabled for to answer certain accusations, and so

on his landing in the Peninsula he was incarcerated in the

celebrated fortress of Montjuich (the scene of so many

horrors), pending his re-shipment by the returning steamer. He

reached Manila as a state prisoner in the Colon, isolated from

all but his jailors. It was materially impossible for him to

have taken any part in the rebellion, whatever his sympathies

may have been." Nevertheless, he was tried by court-martial

for sedition and rebellion, condemned and shot; and his memory

is cherished in the islands as that of a martyred patriot.

"The decree of execution was one of Polaveja's foulest acts."

Having scotched but not killed the insurrection, Polaveja went

home, with broken health, in the spring of 1897, and was

succeeded by General Primo de Rivera, who, after some months

of continued warfare, opened negotiations with Aguinaldo, the

recognized leader of the revolt. The result was a treaty,

known as the "Pacto de Biac-na-bato, signed December 14. By

this treaty "the rebels undertook to deliver up their arms and

ammunition of all kinds to the Spaniards; to evacuate the

places held by them; to conclude an armistice for three years

for the application and development of the reforms to be

introduced by the other part, and not to conspire against

Spanish sovereignty in the Islands, nor aid or abet any

movement calculated to counteract the reforms.

{371}

Emilio Aguinaldo and 34 other leaders undertook to quit the

Philippine Islands, and not to return to them until so

authorised by the Spanish Government. On behalf of the Spanish

Government it was agreed to pay, through the medium of Pedro

A. Paterno, to the rebels the sum of $1,000,000, and to the

families who had sustained loss by reason of the war $700,000,

in instalments and conditionally,"—the condition being that no

renewal of rebellion or conspiracy occur. Aguinaldo and other

chiefs of the insurrection left the Islands, accordingly; but

they are said to have been utterly duped. One instalment, only

($400,000), of the promised money was ever paid; the promised

reforms were not carried out, and persecution of those who had

been in sympathy with the rising was renewed.

_J. Foreman,

The Philippine Islands,

chapter 26 (New York: Charles Scribner's Sons)._

"Aguinaldo and his associates went to Hongkong and Singapore.

A portion of the money, $400,000, was deposited in banks at

Hongkong, and a lawsuit soon arose between Aguinaldo and one

of his subordinate chiefs named Artacho, which is interesting

on account of the very honorable position taken by Aguinaldo.

Artacho sued for a division of the money among the insurgents

according to rank. Aguinaldo claimed that the money was a

trust fund, and was to remain on deposit until it was seen

whether the Spaniards would carry out their promised reforms,

and if they failed to do so, it was to be used to defray the

expenses of a new insurrection. The suit was settled out of

court by paying Artacho $5,000. No steps have been taken to

introduce the reforms, more than 2,000 insurgents, who had

been deported to Fernando Po and other places, are still in

confinement, and Aguinaldo is now using the money to carry on

the operations of the present insurrection."

_F. V. Greene,

Memorandum concerning the Situation in the Philippines,

August 30, 1898 (Treaty of Peace and Accompanying Papers:

55th Congress, 3d Session,

Senate Document Number 62, part 1, page 421._

PHILIPPINE ISLANDS: A. D. 1897.

Refusal of United States Government to negotiate

with the insurgent republic.

See (in this volume)

UNITED STATES OF AMERICA: A. D. 1897 (NOVEMBER).

PHILIPPINE ISLANDS: A. D. 1898 (April-May).

Circumstances in which Aguinaldo was brought to

Manila to co-operate with American forces.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1898 (APRIL-MAY: PHILIPPINES).

PHILIPPINE ISLANDS: A. D. 1898 (April-July).

Destruction of the Spanish fleet in Manila Bay.

Blockade and siege of the city.

Co-operation of insurgents under Aguinaldo.

See (in this volume)

UNITED STATES OF AMERICA: A. D. 1898 (APRIL-JULY).

PHILIPPINE ISLANDS: A. D. 1898 (May-August).

Conduct of English and German naval officers at Manila.

See (in this volume)

UNITED STATES OF AMERICA: A. D. 1898 (MAY-AUGUST).

PHILIPPINE ISLANDS: A. D. 1898 (July-August).

Correspondence between the American commander and Aguinaldo.

This is fully given (showing the relations between the

American and Filipino forces, before the capture of Manila),

in the general account of the Spanish-American War.

See (in this volume)

UNITED STATES OF AMERICA:

A. D. 1898 (JULY-AUGUST: PHILIPPINES).

PHILIPPINE ISLANDS: A. D. 1898 (July-September).

American capture of Manila.

Relations with the Filipino insurgents.

General Merritt's report.

Aguinaldo declared President of the Philippine Republic.

See (in this volume)

UNITED STATES OF AMERICA: A. D. 1898 (JULY-SEPTEMBER).

PHILIPPINE ISLANDS: A. D. 1898 (August).

Suspension of hostilities between the United States and Spain.

Manila held by the former pending the conclusion

of a treaty of peace.

See (in this volume)

UNITED STATES OF AMERICA: A. D. 1898 (JULY-DECEMBER).

PHILIPPINE ISLANDS: A. D. 1898 (August).

Losses of the American army during the war with Spain.

See (in this volume)

UNITED STATES OF AMERICA: A. D. 1900 (JUNE).

PHILIPPINE ISLANDS: A. D. 1898 (August-December).

The state of things following the occupation of Manila

by American forces.

Growing distrust and unfriendliness of the Tagalos.

General Otis's report.

Of the state of things which followed the departure of General

Merritt, August 30, General Otis, who succeeded him in

command, reported subsequently as follows:

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