Mr. McKenna’s reckoning of the comparative numbers of

Dreadnoughts that Great Britain and Germany would have in 1912

was challenged at once by the leader of the Opposition, Mr.

Balfour, who said: "On the two-years’ basis of building we

shall in December, 1910, as I calculate, have ten, and only

ten, Dreadnoughts. But the Germans at that date, as I

calculate, will have 13. That assumes, of course, that I am

right in stating, and I do not think I shall be contradicted,

that the Germans anticipated their programme by four months.

If you work that out, and assume that the German ships begun

last November, in anticipation by five months of the ordinary

date, are completed in two years, then you will find that I am

not wrong in saying that in December, 1910, we shall have only

ten Dreadnoughts and the Germans will have 13. That danger

period in which, according to my calculation, the ratio of

British to German Dreadnoughts is as ten to 13 extends, on the

basis of two years’ building, from December, 1910, to the end

of March, 1911. On April 1, 1911, the Germans, as I understand

it, will have only 13 and we shall have raised our number to

12. We should still, therefore, on April 1, 1911, according to

my calculation, have one less than the Germans, and that

period of what I might call the 12 British to 13 Germans will

last until July, 1911. Then we shall have 14; but in the

meanwhile the Germans, if they build their four ships this

year, in addition to the anticipated ships they laid down in

November, will have 17, as I understand. We should still have

14 in July, 1911, but the Germans would, as I make out, have

17."

Mr. Balfour contended that the four ships which, according to

the German programme, were to be laid down on the 1st of April

coming (1909) had been actually laid down in advance of that

time. He had information to that effect; whereas Mr. McKenna

was informed that materials for them had been collected in

advance, but that the construction was not begun. Mr. Balfour

contended stoutly for the correctness of his own information,

and argued: "If they [the four battleships supposedly waiting

to be laid down April 1, 1909] were laid down in November, as

I believe, that means that the Germans laid down eight

Dreadnoughts last year. They may lay down no Dreadnoughts this

year, and they may say, ‘We anticipated our four ships for

1909-1910; we anticipated them by laying them down in November;

we have no ships for this financial year.’ But there are two

other things to remember. Having laid down eight ships last

year, they may lay down four ships this year, or they may lay

down eight ships this year. That the capacity of their yards

and their great engineering shops renders that process

perfectly feasible no one now doubts. … If the Germans go on

at that rate, which is more than possible, the probability is

that they will have on April 1, 1912, 21 Dreadnoughts to our

20. The hypotheses, then, are these, and I want to make it

clear to the Government and to the House:—Eight Dreadnoughts

have been laid down in 1908 by Germany. If four are laid down

in 1909, there will be 17 on April 1, 1912; if eight are laid

down—as eight have been laid down last year—there will be 21

on April 1, 1912, to our 20; and if the Germans imitate the

policy of the present Government and lay down not only their

eight in the financial year, but begin a new group of four

when the Government propose their group of four, on April 1,

12 months hence, they will then have 25."

{703}

Over this difference of information as to the facts of German

Dreadnought-building, and consequent differences of

conclusion, controversy raged throughout the kingdom for

weeks. The Prime Minister, Mr. Asquith, tried unavailingly to

moderate the impeachment of German good faith in the matter.

"It is fair and right to the German Government that I should

say," he remarked, "that we have had a most distinct

declaration from them that it is not their intention to

accelerate their programme (cheers) and we cannot possibly, as

a Government, believing as we do most explicitly in the good

faith of those declarations (cheers), we cannot possibly put

before the House of Commons and Parliament a programme based

on the assumption that a declaration of that kind will not be

carried out. Be it observed—I want to be very careful in the

language I use about this—I am not saying that it is a pledge

in the sense of an agreement between the two countries.

Nothing of the kind. I should not accuse the German Government

of anything in the nature of bad faith if they altered their

intention. We have been told by them expressly and explicitly

that that is their intention, an intention not to accelerate,

or in other words not to do what the right honourable

gentleman contemplates, when he credits them with the

intention possibly of doing—namely, of laying down as many as

eight ships in one financial year. It is impossible in framing

these Estimates to do so while at the same time ignoring that

declaration from the German Government, and that is why I say

in taking this power to lay down if need be four ships on

April 1 next year we are making such provision as prudence

shows to be necessary for all the contingencies which we can

reasonably anticipate at the present moment."

At the same time, Mr. Asquith made a statement of importance

in reply to the question, Why should there be an increasing

competition in naval expenditure between these two countries?

"The question," he said, "has been raised by us, the British

Government, more than once, with a view to ascertaining

whether any proposal for a mutual reduction of expenditure for

naval purposes would be accepted by the German Government, but

we have been assured more than once, and in the most formal

manner, that their naval expenditure is governed solely by

reference to their own needs, and that their programme does

not depend upon ours. That is the statement which has been

made to us. They tell us quite plainly that if we build 100

Dreadnoughts we must not assume that they would add to their

naval programme, and, on the other hand, if we built no

Dreadnoughts at all they would go on with their programme just

as it is. If that is so, it is perfectly clear that there is

no possibility of an arrangement for mutual reduction. I

regret it very much, but I do not complain. The Germans, like

every other nation, are the best judges of their own national

requirements and necessities."

As will have been learned from Mr. McKenna’s statement, quoted

above, the Government desired authority to begin construction

of two new Dreadnoughts in July and two in November, 1909,

with contingent authority in addition to give orders during

the year for four more, if reasons for doing so appeared. This

did not satisfy the Opposition, which insisted that not less

than eight the new type of battle-ships should be built

outright; and a veritable panic of public excitement on the

subject of German designs against England was created in the

country, by the combined agency of speech and press and the

melodramatic stage. The Government was so little shaken by the

clamor that a motion of censure on its "declared policy" in the

matter was defeated in the House of Commons by a majority of

218. Nevertheless, on the 26th of July, Mr. McKenna made the

following announcement of a modification in its naval

programme:

"After very anxious and careful examination of the condition

of shipbuilding in foreign countries the Government have come

to the conclusion that it is desirable to take all the

necessary steps to ensure that the second four ships referred

to in this year’s programme should be completed by March,

1912. They propose to take all the necessary steps in the way

of preparation of plans, getting out of specifications,

invitations to tender, and, finally, the giving of orders

which will procure the delivery of these ships at the time I

have named. As was said in the month of March, there will be

no need to lay the keels of these ships in the course of the

present financial year. It will be quite time enough if the

keels are laid in the month of April next. …

"The examination of the state of foreign shipbuilding

programmes to which I have referred is bound to lead in the

minds of most members of the Committee to the conclusion that

the Government had no other course open to them. The Committee

had stated to them last March very amply what was the

condition of foreign shipbuilding up to that date. Since then

the development of shipbuilding in foreign countries has gone

on apace. Two countries, Italy and Austria, have now declared

a definite programme of four large armoured ships of the

latest type. In Italy one of those ships is already laid down,

a second is to be laid down immediately, and the remaining two

are both to be laid down in the course of the present year.

With regard to the Austrian programme, sceptics might say they

would never believe in it until, as in the case of Italy, they

saw the keels actually laid down, but the fact is every

earnest has been given of the determination of the Austrian

Government, and two large slips have been prepared for the

construction of battleships of the largest type."

WAR, THE PREPARATIONS FOR:

The English Naval Programme for 1910.

"The navy estimates for 1910, which were issued by the British

Admiralty last night, provide for an expenditure of

$203,000,500, [thousands digits, "000", obscured and unknown]

an increase of $27,805,000 over 1909. The increase is almost

wholly taken up by shipbuilding armaments authorized by

Parliament before dissolution. The new programme provides for

five large armored ships, five protected cruisers, twenty

destroyers, and a considerable number of submarines. By April

1 there will be under construction seven battleships, three

armored, nine protected, and two unarmored cruisers,

thirty-seven destroyers, and nine submarines."

_New York Evening Post,

March 10, 1910._

{704}

WAR, THE PREPARATIONS FOR:

The French Naval Administration.

Alarming discovery of Bad Conditions.

France was greatly startled and shocked in March, 1909, by

rumored scandals in naval administration, uncovered by the

investigations of a Parliamentary Commission, but not yet

officially made known. The report of the Commission was not

published until late in June, and when it appeared it

confirmed, not the worst of the state of things which rumor

had described, but enough to show an alarming and unsuspected

weakness of the nation on that side of its armament for war.

From the conclusion of the elaborate report a few translated

passages will suffice to indicate some of the conditions it

brought to light. In this final summary, the Commission states

that the testimony submitted by it establishes, among other

facts, the following:

"That during the last ten years Parliament has been asked to

authorize the construction of ships for which in most cases

the plans have not been definitely (_sérieusement_)

fixed; that months, and most generally years, elapsed between

the different contracts for the essential parts of the ships,

the hulls, the turrets, the boilers, &c., entailing

considerable loss of time and of money …; that numerous and

important changes were introduced in the course of

construction, … changes the chief inconvenience of which,

apart from the increase of expenditure and the retardation of

construction, is to impair that homogeneity which is the

supreme quality of a squadron; that most of these defects are

aggravated in the case of the six battleships of the Danton

type, the original contract for which, signed at the end of

December, 1906, has undergone hundreds of modifications which

must now be placed on a proper basis. …

"That the arsenals are not at present in a state to carry out

with the rapidity which is desirable new constructions and

repairs; that the mechanical equipment is in general

inadequate and out of date; that the abolition of piece-work,

which has coincided with a reduction of working hours and the

diminution of the powers and authority of the superintendents

in charge, has resulted in a considerable lessening of

production; and that lack of material sometimes entails a

stoppage of work. …

"That the four divisions of battleships and the cruiser

division of the Mediterranean Squadron have not the regulation

supply of steel shells, that the two divisions of armoured

cruisers of the Northern Squadron have only one-third of their

proper supply of steel shells, and that for both squadrons the

stores for renewing their supplies of steel shells are not

ready.

"That the various branches of the administration are wanting

in unity of views and purpose, in method and in defined

responsibility, and that neglect, disorder, and confusion too

frequently prevail. …

"In view of the fact that only a small part of the scheme of

1901 for modernizing ports and (lock yards in accordance with

the requirements of the construction programme of 1900 has

been executed, and in view of the total failure to provide

docking accommodation for the large battleships of the Danton

class, the Commission invites the Chamber to censure the want

of foresight and the indifference which these lamentable

discoveries disclose."

WAR, THE PREPARATIONS FOR:

French Naval Programme revised in 1909.

Radical Changes in the Department of the Marine.

A despatch from Paris, June 8, 1909, announced:

"According to the _Temps_ this evening, the Navy Council

has finally decided to recommend that, in addition to 45 ships

of the line, the fleet shall consist of 12 ‘scout cruisers,’

60 large destroyers, and 64 submarines. The importance

attached to an increase in the number of capital ships, which

is the chief feature of the new proposals, is illustrated by a

comparison with the so-called ‘programmes’ of 1900 and 1907.

In 1900 it was decided on paper that the fleet should consist

of 28 battleships, 24 armoured cruisers, 52 destroyers, 263

torpedo-boats, and 38 submarines or submersibles. In 1907 the

composition of the fleet was changed to 38 battleships, 20

armoured cruisers, six scouts, 109 destroyers, 170

torpedo-boats, 82 submarines for offensive purposes, and 49

defence submarines.

"A comparison of these three ‘programmes’ shows an increase in

the number of capital ships and destroyers, the abolition of

armoured cruisers as a separate class and of torpedo-boats in

favour of destroyers, and a decrease in the number of

submarines. With regard to the existing armoured cruisers,

which the Navy Council no longer regards as efficient fighting

units, it may be noted that two out of the four 14,000-ton

Gambettas have not yet been completed. Given the age limit of

armoured ships as fixed at 20 years, only the six Danton and

the six République battleships would still figure on the

effective list by 1925. In other words, 33 armoured ships

would have to be completed during the next 16 years. In

addition, 12 scout cruisers would have to be constructed, and,

besides a number of submarines, over 100 destroyers would have

to be laid down, since the life of this class of vessel is

fixed at 17 years."

On the 29th of July the Paris correspondent of the London

_Times_ wrote: "It is semi officially announced this

evening that the Council of Ministers at its meeting to-day

approved a number of radical changes proposed by the new

Minister of Marine, among the higher ranks of the

_personnel_ of the naval administration. All the heads of

departments at the Ministry of Marine appointed under the old

regime have been removed and their places have been filled by

Admiral Boué de Lapeyrère’s own nominees. So complete a

reconstruction of a public department is without precedent in

modern French history. These changes, moreover, are

supplemented by a number of new appointments in the commands

afloat."

On the first of April, 1910, it was announced from Paris that

the Chamber of Deputies had voted to lay down two battle-ships

in the current year, designed to equal the latest type added

to the navies of Great Britain and Germany.

WAR, THE PREPARATIONS FOR:

French Naval Administration.

Parliamentary Investigation.

See (in this Volume)

FRANCE: A. D. 1909 (MARCH-JUNE).

{705}

WAR, THE PREPARATIONS FOR:

The German Emperor’s Statement of his Peace Policy based

on Preparation for War.

In the spring of 1905, speaking at Bremen, on the unveiling of

a monument to his father, the Emperor made an impressive

statement of his motives in striving for the creation in

Germany of a great naval and military power. He said that in

boyhood he had been angered at the weakness of the German

navy, and that his policy had sprung from that feeling, not

directed toward aggression, but to the command of respect from

the rest of the world. His aim was to "do everything possible to

let bayonets and cannon rest, but to keep the bayonets sharp

and the cannon ready, so that envy and greed shall not disturb

us in tending our garden or building our beautiful house." "I

vowed," he said, "never to strike for world-mastery. The

world-power that I then dreamed of was to create for the

German Empire on all sides the most absolute confidence as a

quiet, honest, and peaceable neighbor. I have vowed that if

ever the time comes that history shall speak of a German

world-power, or a Hohenzollern world-power, this should not be

based upon conquest, but should come through the mutual

striving of nations after common purposes."

It is not difficult to believe in the perfect truthfulness of

this assertion of high motives, and the perfect sincerity with

which they have been obeyed, while seeing at the same time how

much, in their working, they have threatened the peace of the

world. As the power of Germany has grown under his hand, the

Kaiser has been tempted more and more to impose his will on

neighbors whose cannon were not as ready or their sharpened

bayonets as many as his. The world-power of his desire has

become more and more a dictatorial power. The peace he has

preserved by it has been peace on his own terms, more than

once. The result has been to excite throughout the world such

a feeling of being menaced by war as had not been known since

Napoleon’s day, and to impel among nations, big and little, a

more feverish and competitive arming for war than ever busied

them before. As worked out by the man, the Kaiser’s policy of

peace-making by the tools of war has certainly lost the

innocence it had when conceived by the boy.

WAR, THE PREPARATIONS FOR:

The German Side of the Navy-building Question.

When, in March, 1909, debate on the Navy Estimates in England

started excitement over the rapidity with which Germany seemed

to have developed the building of Dreadnoughts, Chancellor

Bülow, on the 29th of that month, said in the Reichstag: "The

Federated Governments entertain no thoughts of entering into

competition with British sea-power by means of the

construction of the German navy. According to the provisions

of the Navy Law, the immovable purpose of German naval policy

is founded upon the fact that we desire to create our naval

armaments solely for the protection of our coasts and our

trade. It is, moreover, an indisputable fact that the

programme of our naval construction lies open in absolute

publicity. We have nothing to keep secret, nothing to hide,

and it is not intended to accelerate the carrying out of our

construction programme beyond the limits of time contemplated

by the law (_über die gesetzliche Frist hinaus zu

beschleunigen_). All rumours to the contrary are false. In

the autumn of 1912, at the earliest, we shall have ready for

service the 13 large new ships, including three armoured

cruisers, provided by law."

This statement was supplemented by one from Admiral Tirpitz,

who said:

"Now, as previously, we build all ships in about 36 months

—about 40 months in the small yards. To that period are added

trials, which last for several months. Equally inaccurate is

the assertion that, with a view to more rapid construction,

the contracts for the newer ships are placed sooner than is

allowed by the estimates. All that is true is the following:

Subject to approval by the Reichstag, contracts for two ships

of the 1909 financial programme were last autumn promised to

two private yards at comparatively low prices. This was done

because there was a danger that, if orders for four ships were

placed at the same time at the beginning of 1909 there would

be a considerable advance in price. If orders for two ships

were already placed the Imperial Navy Office was in a much

more favourable position for placing orders for the other two.

We can put the Imperial yards into competition with the

private yards. The Imperial yards cannot undertake more than

two ships at once. The private firms, therefore, will be

compelled to ask lower terms. If the matter has been kept

secret, that is solely because the firms must not be made

aware of the business transactions of the Navy Office.

Contracts for the ships have not been placed; assurances only

have been given. The contract is concluded only after the

voting of the estimate. The period for delivery is 36 months

from April 1, 1909. Not a penny is available for the

‘promised’ ships before April 1. That must be clear to

everybody who knows the Parliamentary conditions and our

accounts system. Not even indirectly has any money been

procured from banks for the yards in any way whatever by the

agency of the Navy Office.

"In regard to the placing of the order for the first of the

two ships special account was taken of the fact that the yard

in question is principally engaged in the construction of this

kind of ship. Accelerated completion of these two ships is

neither asked for nor intended. The firms get their money only

in quarterly instalments. Contracts for the two other ships of

this year’s programme are not to be placed until some months

after the conditions for tendering are drawn up late in the

summer. As the private yards no more than the Imperial yards

know whether they will get the orders for these ships, there

can be no possibility of special preparation of material. If

there has been any such accumulation, it is, presumably, due

to business reasons, certainly to no incentive of ours.

"In conclusion, I repeat once more with emphasis that, as the

Imperial Chancellor has already said, we shall have ready for

use in 1912 ten Dreadnoughts and three Invincibles—in all 13,

and not 17, large modern ships—and that not in the spring, but

in the autumn. How far it is right to base comparisons of

naval strength upon the number of Dreadnoughts is a question

which I shall not here discuss."

As to the suggested readiness and desire of Great Britain to

join in an international agreement for the limiting of naval

armaments, the Germans have always had a rather reasonable

answer, which was phrased forcibly by one of the Agrarian

organs when it said:

"When the weaker promises the stronger to abstain from all

means of increasing his strength, the strong man needs to make

no further effort to retain his relative preponderance for

ever. If the other naval Powers entered into such an

agreement, England, without taking upon herself any further

burdens, would retain mastery at sea before which all must

bow. Little need as we have to interfere with regard to

England’s programme, even so little need has England to look

askance upon our construction of ships, not to attack England,

but only in order to have a naval power with which even the

strongest opponent will not light-heartedly engage in battle.

This good right of ours we shall not surrender by any

agreement."

{706}

But a better view was that taken by one of the German

Conservative journals, the _Kreuz Zeitung_, which said

last summer: "First of all we must complete our construction

programme. Before that we could not agree to any limitation of

naval armaments. Otherwise we should not be able to create the

navy of moderate size which corresponds to our position as a

seafaring people. … Even after the completion of our

construction programme our navy will be but a dwarf as

compared with the British Navy. Nevertheless, the moment ought

then to have arrived for entering into an international

agreement about limitation of armaments, and on the part of

Germany there will, presumably, be readiness for it."

WAR, THE PREPARATIONS FOR:

Elasticity of the German Navy Law.

At the annual meeting of the German Navy League in June, 1909,

Admiral Weber, speaking of the German Navy Law, praised its

elasticity. "In international relations," he said, "it had

lately proved to be a political instrument of equal force with

the American Monroe doctrine and the English two-Power

standard. In 1906 the Reichstag had agreed to increase the

size of capital ships without altering the number. The

amending law of 1908 (which shortened the ‘life’ of

battleships) had rendered possible a rational fulfilment of

all immediate possibilities with regard to battleships, small

cruisers, torpedo-boats, and submarines."

WAR, THE PREPARATIONS FOR:

Italian and Austrian Programmes of Naval Construction.

A despatch from Rome in May, 1909, announced that the minister

of marine, Admiral Mirabello, had obtained the approval of the

Cabinet to a naval programme that provides for the

construction within three years at a total expense of

$52,800,000 of four "Dreadnoughts" and a number of fast scout

cruisers. A local paper stated that the decision to build

these vessels was reached after Italy had learned that

Austria-Hungary was going to spend $40,000,000 on increased

naval power.

Four months later, on the 1st of October, a report came to the

English Press from Rome as follows:

"The Minister of Marine announced in June that the ships would

be begun at once, and completed before the middle of 1912.

Only one, the Dante Alighieri, has yet been laid down, and

owing to some blunder with regard to her steel plates, no work

has been done on her for more than a month. The second is

still awaiting the completion of a building slip before it can

be laid down. As to the other two, according to the

_Tribuna_, the contracts, which ought to have been

concluded with two shipbuilding firms last June, have not yet

been even examined by the Council of State; consequently

neither firm has yet been able to begin the work which will be

necessary in its yards before the ships can be laid down. The

_Tribuna_ throws the blame upon the bureaucratic system."

WAR, THE PREPARATIONS FOR:

Italian Fighting Strength at the End of 1909.

The fighting strength of the Italian Navy was reckoned by the

Rome correspondent of the London _Times_, in November,

1909, as follows:

"Counting in all four of the San Giorgio cruisers [only two of

which were then finished] as forming part of the available

navy at the end of this year, and setting aside some 20 ships

of various kinds and 40 or 50 torpedo-boats, which may,

however, be of some secondary use, the full fighting force of

the Italian navy at the beginning of 1910 should be six

first-class battleships, five second class battleships, seven

first-class armoured cruisers, three second-class armoured

cruisers, 19 destroyers, and 36 first-class torpedo-boats. But

it must be borne in mind that eight of the first 21 fighting

units—the five battleships and three armoured cruisers

described here as of the second class—are not very modern

ships.

"The shipbuilding programme of Admiral Mirabello promises,

besides other less important vessels, four battleships of the

Dreadnought type. As far as one could learn at first these

ships were to be on much the same lines as the Bellerophon,

with a displacement of 18,200, and an armament of ten 12 inch

guns. The chief question then was, When would they be ready

for sea? Admiral Mirabello said in 1912. In order to effect

this he would have had to revolutionize the whole system of

shipbuilding in the Italian navy."

WAR, THE PREPARATIONS FOR:

Japan’s Armament, Present and Prospective.

The naval status of Japan in December, 1909, as ascertained

and described by the Tokio correspondent of T_he Times_,

London, was as follows:

"Ever since the Russo-Japanese War it has been well-nigh

impossible for the public to form a clear idea of what steps

were in progress with regard to the expansion and maintenance

of the Japanese Navy. In the year before the outbreak of the

conflict—namely, 1903, a programme of expansion was approved

by the Diet. It involved the building of three battleships,

three armoured cruisers, and two second-class cruisers; that

is to say, eight fighting vessels, displacing 100,000 tons

approximately. The cost was set down as ten millions sterling,

and the programme was to have been spread over a period of 11

years, ending in 1913. Subsequently, however, owing to

financial expediency, the time of completion was extended,

first to 1915, and thereafter to 1916, so that seven years

still remain. Knowing this and observing carefully what ships

were laid down from time to time, there should have been, it

will appear, no difficulty in forming a clear perception of

the actual conditions at any moment.

{707}

"But naturally the war produced a radical change in the plans

of the Japanese Admiralty. It became necessary at once to

adopt special measures for recouping the losses suffered in

battle, as well as for renewing armaments. Of course the

general public was not taken into official confidence in such

matters, and some time elapsed before people became vaguely

conscious that not one building programme only, but three, had

been taken in hand. Occasionally announcements were made of the

launch of such-and-such a battleship or the laying down of

such-and-such a cruiser, but as to which vessel belonged to

which programme, and what dimensions the several programmes

were ultimately to take, nothing could be clearly ascertained.

Now, at length, this obscurity has been removed. It is seen

that two of the programmes were undertaken with funds included

in the war expenditures, and that, therefore, the nation is

not required to make any further provision of money on these

accounts. These programmes are, first, an emergency programme,

carried out with what is called an ‘implementing fund,’ and,

secondly, an emergency programme carried out with an

‘adjustment fund.’ Under the three programmes, respectively,

the following vessels have been bought, built, or are

building:—

Third Period Expansion Programme.

Tons.

Katori, battleship 15,950

Kashima, battleship 16,400

Ibuki, armoured cruiser 14,600

Emergency Implementing Programme.

Aki, battleship 19,150

Satsuma, battleship 19,150

Tsukuba, armoured cruiser 13,750

Ikoma, armoured cruiser 13,750

Kurama, armoured cruiser 14,600

Tone, cruiser 4,400

Yodo, despatch boat 1,250

Mogami, despatch boat 1,350

Emergency Adjustment Programme.

Kawachi, battleship 21,000

Settsu, battleship 21,000

"There is here a total of 13 ships displacing 176,000 tons,

approximately, and to these have to be added 29 destroyers

built under the ‘emergency implementing programme.’ As for

the vessels which have still to be built, but which have not

yet been laid down, they are as follows:-

Third Period Programme.

Battleship, 1 16,000 tons

Armoured cruisers, 2 11,000 tons each

Cruisers, 2 5,000 tons each

Emergency Implementing Programme.

Armoured cruiser, 1 14,600 tons

Cruisers, 2 4,100 tons each

Destroyers, several 375 tons each

Torpedo-boats, 6 120 tons each

"These eight vessels, exclusive of torpedo craft, aggregate

over 70,000 tons, and if the two lists be combined, we get a

total of 21 ships displacing 247,000 tons, approximately,

apart from about 35 destroyers and six torpedo boats. …

"It may be mentioned that in February last the ships on the

active list of the Japanese Navy were:—

Battleships 13

Armoured Cruisers 12

Other Cruisers 43

Destroyers 59

Torpedo-boats 69"

WAR, THE PREPARATIONS FOR:

Russian "Dreadnoughts" Building.

"The keels of the four Dreadnoughts which are to represent the

nucleus of Russia’s future navy were laid down in St.

Petersburg this morning. The materials to be employed will be

throughout Russian; the designs and the supervision will be

British. It is an open secret that the Tsar has taken a deep

personal interest in arrangements that have been made for

placing the contracts for the new ships."

_St. Petersburg Correspondent

London Times, June 16, 1909._

WAR, THE PREPARATIONS FOR:

The United States Navy in 1909.

As summarized in the Annual Report of the Navy Department for

the fiscal year 1909, the United States Navy was composed, on

the 30th of June in that year, of the following vessels:

_Fit for Service, including those under Repair:_

First-class battle ships, 25;

second-class battle ship, 1;

armored cruisers, 12;

armored ram, 1;

single-turret harbor-defense monitors, 4;

double-turret monitors, 6;

protected cruisers, 22;

unprotected cruisers, 3;

scout cruisers, 3;

gunboats, 9;

light-draft gunboats, 3;

composite gunboats, 8;

training ships, 3;

training brigantine, 1;

special class (Dolphin, Vesuvius), 2;

gunboats under 500 tons, 12;

torpedo boat destroyers, 16;

steel torpedo boats, 33;

wooden torpedo boat, 1;

submarine torpedo boats, 12;

iron cruising vessels, steam, 5;

wooden ditto, 5;

wooden sailing vessels, 5;

tugs, 44;

auxiliary cruisers, 5;

converted yachts, 21;

colliers, 8;

transport and supply ships, 8;

hospital ships, 2;

receiving ships, 4;

prison ships, 3.

Total, 292.

_Under Construction: _

First-class battle ships, 6;

torpedo boat destroyers, 20;

submarine torpedo boats, 16;

tug, 1;

colliers, 6.

Total 49.

_Authorized_:

First-class battle ships, 2;

gunboat for Great Lakes, 1;

submarine torpedo boats, 4;

colliers, 2.

Total 9.

_Unfit for Service:_

Of all descriptions, 12.

Grand Total, 362.

Since the above report, the House of Representatives, by vote

on the 8th of April, 1910, authorized the building of two

additional battle ships of the first class, at a cost of

$6,000,000 each.

WAR, THE PREPARATIONS FOR:

The World-round Cruise of the American Battleship Fleet,

1907-1909.

On the 16th of December, 1907, a fleet of battle-ships which,

comprised practically the whole available fighting force of

the United States Navy steamed away from Hampton Roads, on the

longest and most notable cruise ever made by so formidable an

assemblage of ships of war. Its primary appointment was to

circuit the American continents from the Atlantic to the

Pacific shores of the United States, and the further direction

of the voyage was left for future decision. Ultimately,

invitations from foreign governments drew the fleet to

Australia, New Zealand, China and Japan, and it returned from

these visits in the Far East by way of the Suez Canal and the

Mediterranean Sea. The duration of the long voyage was a year,

two months and six days, and the total miles of ocean

traversed were about 45,000. Many foreign ports were visited,

South American, Australasian, Asiatic and European, and

boundless hospitalities were bestowed everywhere on the fleet.

Its stay of some days at San Francisco, before leaving

American waters, was the grand event of the year to Americans

of that coast, and its call at Manila gave emphasis to

American authority in the Philippines.

Until it reached San Francisco the fleet was under the command

of Rear-Admiral Robley D. Evans; but physical disabilities

then compelled the retirement of Admiral Evans, and he was

succeeded in the command by Rear-Admiral Charles S. Sperry,

under whom the remainder of the voyage was made. The sixteen

battleships of the fleet were divided into two squadrons and

four divisions, each division consisting of vessels of the

same general type; the first division comprised the

Connecticut, Admiral Evans’s flag-ship, the Kansas, the

Vermont, and the Louisiana; the second included the Georgia,

the New Jersey, the Rhode Island and the Virginia; the third

included the Minnesota, the Ohio, the Missouri, and the Maine;

the fourth contained the Alabama, the Illinois, the Kearsarge,

and the Kentucky. The battle-ships were accompanied by two

supply-ships, a repair-ship, and a tender, and were preceded

from Hampton Roads by a flotilla of six torpedo-boats and a

squadron of armored cruisers.

{708}

From San Francisco to New Zealand the voyage of 6000 miles was

made with one stop, only, at Honolulu, and so perfectly in

order, it is said, that only twice did any ship fall out of

the line of formation, in which the ships steamed steadily

together, two hundred and fifty yards apart. This order, with

time-table regularity of movement, was maintained from

beginning to end, and when, on the 22d of February, 1909,

President Roosevelt welcomed the return of the fleet to

Hampton Roads, he was able to say with just pride: "This is

the first battle fleet that ever circumnavigated the globe.

Those who perform the feat again can but follow your

footsteps. You have falsified every prediction of failure made

by the prophets. In all your long cruise not an accident

worthy of mention has happened to a single battleship, nor yet

to the cruisers or torpedo-boats. You left this coast in a

high state of battle efficiency, and you return with your

efficiency increased as a war machine, as the fleet returns in

better shape than when it left. In addition, you have shown

yourselves the best of all possible ambassadors and heralds of

peace. Wherever you have landed you have borne yourselves so

as to make us at home proud of being your countrymen."

Before the undertaking of this notable cruise of a battle-ship

fleet having no militant mission, many political reasons for

and against the movement were urged and discussed. From the

naval point of view, professionally, the true motive of the

project was stated undoubtedly by Captain A. T. Mahan, in an

article published in the _Scientific American_, and it

had no political purpose whatever. "A perfectly sufficient

reason," said Captain Mahan, "is the experience to be gained

by the fleet in making a long voyage, which otherwise might

have to be made for the first time under the pressure of war,

and the disadvantage of not having experienced at least once

the huge administrative difficulties connected with so distant

an expedition by a large body of vessels dependent upon their

own resources. By ‘own resources’ must be understood, not that

which each vessel carries in herself, but self-dependence as

distinguished from dependence on near navy-yards—the great

snare of peace times. The renewal of stores and coal on the

voyage is a big problem, whether the supply vessels accompany

the fleet or are directed to join from point to point."

The following statistics are given of the cost of the cruise:

"The fleet burned 400,320 tons of coal, costing $1,078,994.

The transportation of this coal by naval and hired colliers

cost $1,463,825. The total coal bill was $2,646,069. There

were used on the engines and other machinery 125,000 gallons

of oil costing $43,750. No official statement has been made of

the cost of ammunition used in target and battle practice. The

figure is put at above a million dollars, and $20,000,000 is

estimated as the total cost of the 14 months’ cruise."

WAR, THE PREPARATIONS FOR:

The World Naval Armament.

Fleets of the Great Powers in March, 1910.

A British Parliamentary Paper made public on the 29th of

April, 1910, gave statistics of the navies of the greater

Powers as they existed on the 31st of March. The following

summary of the figures appeared in the next issue of _The

Mail_. The letters at the heads of the columns signify—

E., England;

F., France;

R., Russia;

G., Germany;

I., Italy;

U., United States; and

J., Japan:--

Ships Built.

E. F. R. G. I. U. J.

Battleships 56 17 7 33 10 30 14

Armored C. D. Vessels - 8 2 7 - 10 -

Armored Cruisers 38 20 4 9 8 15 12

Protected Cruisers, I. 18 5 7 - - 3 2

Protected Cruisers, II. 35 9 2 23 3 16 11

Protected Cruisers, III 16 8 2 12 11 2 6

Unprotected Cruisers 2 - - 10 - 5 6

Scouts 8 - - - - 3 -

Torpedo Vessels 23 10 6 1 5 2 2

T. B. Destroyers 150 60 97 85 21 25 57

Torpedo Boats 116 246 63 82 96 30 69

Submarines 63 56 30 8 7 18 9

Ships Building.

E. F. R. G. I. U. J.

Battleships 9 6 8 8 2 4 3

Armored Cruisers 3 2 2 3 2 - 1

Protected Cruisers, II. 9 - - 5 - - 3

Unprotected Cruisers 2 - - - - - -

T. B. Destroyers 37 17 - 12 2 15 2

Submarines 11 23 3 * - 10 3

* Number uncertain.

----------WAR, THE PREPARATIONS FOR: End--------

----------WAR, THE REVOLT AGAINST: Start--------

WAR, THE REVOLT AGAINST: A. D. 1899-1909.

General Treaties of Arbitration concluded since the First

Peace Conference at The Hague.

"Arbitration in the sense of the present day dates from Jay’s

Treaty of 1794, in which Great Britain and the United States

bound themselves to arbitrate contested boundary claims

(Article 5); claims preferred by British creditors (Article

6); and, more especially, the claims of American and British

creditors based upon ‘irregular or illegal captures or

condemnations of their vessels and other property’ (Article

7). …

"The first award under it [Jay’s Treaty] was made in 1798, so

that exactly one hundred years elapsed until the call of the

First Hague Conference. Arbitrations in this period were very

frequent. Writers differ as to the exact number; for example

Dr. Darby instances no less than 471 cases, but in his

enthusiasm for the peaceful settlement of international

differences he has included a large number of interstate

arrangements, which cannot be regarded as international

arbitrations in the strict sense of the word. Mr. Fried, in

his Handbook of the Peace Movement, enumerates some 200. M. La

Fontaine gives a list of 177 instances to the year 1900, which

should be reduced to 171 arbitrations or agreements to

arbitrate before the meeting of the First Conference in 1899.

Professor John Bassett Moore is more conservative and

enumerates 136 cases of international arbitration during the

nineteenth century, in 57 of which the United States was a

party, with a like number of 57 to which Great Britain has

been a party.

{709}

"But, as happily said by M. Descamps, arbitration is not a

question of mathematics, and whether the instances be 471,

according to Darby or 136, according to Professor Moore, the

recourse to arbitration bids fair to become a habit with

nations."

_James Brown Scott,

The Hague Peace Conferences of 1899 and 1907,

Volume 1, pages 210 and 224-225._

Dr. Scott cites from M. La Fontaine a table showing the

participation of each State in arbitration. Germany has no

representation in the table, either as a whole or by any of

its parts; whereas every other nation of the least importance

in the world appears as having arbitrated some of its

disputes, prior to the preparation of this table.

At the First Peace Conference, of 1899, an attempt, strongly

supported, was made to frame and secure the adoption of a

treaty of arbitration by which the nations would bind

themselves to arbitrate a carefully selected list of subjects.

This failed, says Dr. Scott, in the work quoted above, "owing

to the opposition of Germany. As a compromise, Article 19 of

the convention for the peaceful adjustment of international

differences was adopted:

"‘Independently of existing general or special treaties

imposing the obligation to have recourse to arbitration on the

part of any of the Signatory Powers, these powers reserve to

themselves the right to conclude, either before the

ratification of the present convention or subsequent to that

date, new agreements, general or special, with a view of

extending the obligation to submit controversies to

arbitration to all cases which they consider suitable for such

submission’ (re-enacted in 1907 as Article 40).

"The article did not seem at the time to be of any special

importance and it was generally looked upon as useless because

independent and sovereign States possess the right without

special reservation to conclude arbitration agreements,

general or special, without being specifically empowered to do

so. The fact is, however, that this article, insignificant and

useless as it may seem, marks, one may almost say, an era in

the history of arbitration. The existence of the article has

called attention to the subject of arbitration and by

reference to it many States have negotiated arbitration

treaties. It is true that there is no legal obligation created

by the article and it is difficult to find a moral one, for it

is not declared to be the duty of any State to conclude

arbitration treaties. The moral effect of the article has,

however, been great and salutary, and the existence of

numerous arbitration treaties based upon the reservation

contained in the article shows the attention and respect which

nations pay to the various provisions of the Hague

Conference."

Dr. Scott adds to these remarks a list of treaties, of the

character contemplated, which had been entered into since the

First Hague Conference, up to the time at which he wrote, with

appended notes describing briefly the nature of the variously

broadened or narrowed reference clauses contained in them. A

more extended list has been published since by the

International Peace Bureau of Berne, Switzerland, for a copy

of which I am indebted to Mr. Frederick P. Keppel, Secretary

of Columbia University, New York. The list below is mainly

that of the International Peace Bureau, with the addition of a

few more recent treaties to which the United States has been a

party, obtained from the State Department at Washington. Some,

but not all, of Dr. Scott’s notes have been borrowed, with his

permission.

In the list of treaties as they are given here the date of

signature is entered first, with the prefix S.; that of

ratification follows, with the prefix R. When two dates of

ratification are given, the first is that by the government

named first in the entry of the parties to the treaty in

question. [Notes "A", "B", "C" and "E" are defined following

entry 105 below.]

WAR, THE REVOLT AGAINST:

List of States between which Permanent Treaties of Arbitration

have been concluded since the First Peace Conference at The

Hague, with the Dates of their Signature and Ratification.

1. Brazil and Chile.

S. May 18, 1899.

R. March 7, 1906, at Santiago.

2. Argentine and Uruguay.

S. June 8, 1899.

R. December 21, 1901.

Additional protocol

S. December 21, 1901.

R. December 18, 1901.

3. Argentine and Paraguay,

S. November 6, 1899.

R. June 5, 1902.

Additional protocol

S. January 25, 1902.

R. June 5, 1902.

4. Bolivia and Peru.

S. November 21, 1901.

R. December 29, 1903.

5. Spain and Mexico.

S. January 11, 1902.

R. July 18, 1902.

6. Nicaragua, Salvador, Honduras, Costa Rica.

S. January 20, 1902.

[R. No date given.]

7. Argentine and Spain.

S. January 28, 1902.

[R. No date given.]

8. Spain and Salvador.

S. January 28, 1902.

R. July 18, 1902.

9. Spain and Dominican Republic.

S. January 28, 1902.

R. July 18, 1902.

10. Spain and Uruguay.

S. January 28, 1902.

R. July 18, 1902.

11. Pan-American Treaty of obligatory arbitration between

Argentine, Bolivia, Guatemala, Mexico, Paraguay.

Peru, Dominican Republic, Salvador, and Uruguay (for

differences relating to diplomatic privileges, rights of

navigation, questions of frontiers and interpretation and

enforcement of treaties). E

S. January 29, 1902, at Mexico. According to Article 21 of the

Treaty it would become of force as soon as three States among

those which signed the Treaty should make known their

approbation to the government of Mexico, which would

communicate the information to other governments. It has been

ratified by the governments of Salvador, May 28, 1902, of

Guatemala, August 25, 1902, and of Uruguay, January 31, 1903.

12. Special Treaty between the seventeen States represented at

the Pan-American Conference at Mexico, including the United

States of America, relating to the adjustment by means of

arbitration of difficulties resulting from financial

questions.

S. January 30, 1902, at Mexico.

[R. No date given.]

13. Argentine and Bolivia.

S. February 3, 1902.

R. March 13, 1902.

14. Bolivia and Spain.

S. February 17, 1902.

R. October 10, 1903.

15. Colombia and Spain.

S. February 17, 1902

R. July 18, 1902.

16. Spain and Guatemala.

S. February 28, 1902.

R. July 18, 1902.

{710}

17. Mexico and Persia.

S. May 14, 1902.

[R. No date given.]

18. Argentine and Chile. E

S. May 28, 1902.

R. July 30, 1902.

19. Germany and Venezuela.

S. May 7, 1903.

(R. La ratification n’a pas étc exigée.)

20. Paraguay and Peru.

S. May 18, 1903.

[R. No date given.]

21. France and Great Britain. C

S. October 14, 1903.

R. February 25, 1904.

22. Guatemala, Nicaragua, Honduras and Salvador.

S. November, 1903.

[R. No date given.]

23. France and Italy. C

S. December 25, 1903.

R. March 26, 1904-March 7, 1904.

24. Great Britain and Italy. C

S. February 1, 1904.

Not ratified.

25. Denmark and The Netherlands. B

S. February 12, 1904.

R. March 8, 1906, at The Hague.

26. Spain and France. C

S. February 26, 1904.

R. March 7, 1904-April 20, 1904.

27. Spain and Great Britain. C

S. February 27, 1904.

R. March 7, 1904-March 16, 1904.

28. France and The Netherlands. C

S. April 6, 1904.

R. July 5, 1905, at Paris.

29. Spain and Portugal.

S. May 31, 1904.

Not ratified.

30. France and Sweden. C

S. July 9, 1904.

R. November 9, 1904.

31. France and Norway. C

S. July 9, 1904.

R. November 9, 1904.

32. Germany and Great Britain. C

S. July 12, 1904.

Without reserve of ratification.

33. Great Britain and Sweden. C

S. August 11, 1904.

R. November 9, 1904.

34. Great Britain and Norway. C

S. August 11, 1904.

R. November 9, 1904.

35. The Netherlands and Portugal.

S. October 1, 1904.

R. October 29, 1908, at The Hague.

36. Spain and Nicaragua.

S. October 4, 1904.

R. March 19, 1908.

37. Belgium and Russia. A

S. October 17/30, 1904.

R. September 9/August 27, 1905-July 27 /August 9, 1905.

38. Belgium and Switzerland. A

S. November 15, 1904.

R. August 19, 1905.

39. Great Britain and Switzerland. C

S. November 16, 1904.

R. July 12, 1905.

40. Great Britain and Portugal. C

S. November 16, 1904.

Not ratified.

41. Germany and The United States of America.

S. November 22, 1904.

Not ratified.

42. Italy and Switzerland. C

S. November 23, 1904.

R. December 5, 1905.

43. Norway and Russia. A

S. November 26/December 9, 1904.

R. February 27, 1905-February 12/25, 1905.

44. Russia and Sweden. A

S. November 26/December 9, 1904.

R. February 12/25-February 27/14, 1905.

45. Belgium and Sweden. A

S. November 30, 1904.

R. August 11, 1905.

46. Belgium and Norway. A

S. November 30, 1904.

R. August 11, 1905-October 30, 1906.

47. Austria-Hungary and Switzerland. C

S. December 3, 1904.

R. October 17, 1905, at Vienna.

48. France and Switzerland. C

S. December 14, 1904.

R. July 13, 1905.

49. Sweden and Switzerland. A

S. December 17, 1904.

R. July 13, 1905.

50. Norway and Switzerland. A

S. December 17, 1904.

R. July 13, 1905.

51. Austria-Hungary and The United States of America.

S. January 6, 1905.

Not ratified.

52. Austria-Hungary and Great Britain. C

S. January 11, 1905.

R. May 17, 1905, at Loudon.

53. Spain and Sweden.

S. January 23, 1905.

R. March 20, 1905.

54. Spain and Norway.

S. January 23, 1905.

R. March 20, 1905.

55. Belgium and Spain. A

S. January 23, 1905.

R. December 16-July 28, 1905.

56. Great Britain and The Netherlands. C

S. February 15, 1905.

R. July 12, 1905, at London.

57. Denmark and Russia. A

S. February 16/March 1, 1905.

R. April 11, 1905-March 20/April 3, 1905.

58. Italy and Peru.

S. April 18, 1905.

R. November 11, 1905.

59. Belgium and Greece. A

S. April 19/May 2, 1905.

R. July 9/22, 1905.

60. Belgium and Denmark. A

S. April 26, 1905.

R. May 2, 1906.

61. Portugal and Sweden. C

S. May 6, 1905.

Not ratified.

62. Norway and Portugal. C

S. May 6, 1905.

Not ratified.

63. Italy and Portugal. C

S. May 11, 1905.

Not ratified.

64. Spain and Honduras.

S. May 13, 1905.

R. July 16, 1906.

65. Belgium and Roumania. A

S. May 27/14, 1905.

R. October 9/September 26, 1905.

66. Portugal and Switzerland. C

S. August 18, 1905.

R. October 23, 1908, at Berne.

67. Argentine and Brazil.

S. September 7, 1905.

R. September 28, 1908-October 2, 1908.

68. Colombia and Peru.

S. September 12, 1905.

R. July 6, 1906, with the modus _rivendi_.

69. Denmark and France. C

S. September 15, 1905.

R. May 31, 1906.

70. Denmark and Great Britain. C

S. October 25, 1905.

R. May 4, 1906.

71. Norway and Sweden. A

S. October 26, 1905.

Without reserve of ratification.

72. Denmark and Spain. A

S. December 1, 1905.

R. May 10, 1906-May 14. 1906.

73. Denmark and Italy. B

S. December 16, 1905.

R. May 22--March 30, 1906.

74. Austria-Hungary and Portugal. C

S. February 13, 1906.

R. October 16, 1908, at Vienna.

75. Belgium and Nicaragua.

S. March 6, 1906.

Not ratified.

76. France and Portugal. C

S. July 29, 1906.

Not ratified.

77. Denmark and Portugal. B

S. March 20, 1907.

R. October 26, 1908, at Copenhagen.

78. Nicaragua and Salvador.

S. April 3, 1907.

Not ratified.

79. Spain and Switzerland. C

S. May 14, 1907.

R. July 9, 1907.

80. Argentine and Italy.

S. September 18, 1907.

Not ratified.

81. Italy and Mexico.

S. October 16, 1907.

R. December 31, 1907.

82. Honduras, Guatemala, Salvador, Nicaragua and Costa Rica.

S. December 20, 1907, at Washington.

R. March, 1908.

83. United States of America and France. D

S. February 10, 1908.

R. March 12, 1908, at Washington.

84. United States of America and Greece.-

S. February 29, 1908.

Not ratified [?].

85. United States of America and Switzerland. D

S. February 29, 1908.

R. December 23, 1908.

86. United States of America and Mexico. D

S. March 24, 1908.

R. June 27, 1908, at Washington.

{711}

87. United States of America and Italy. D

S. March 28, 1008.

R. January 22, 1900.

88. United States of America and Great Britain. D

S. April 4, 1008.

R. June 4, 1908, at Washington.

89. United States of America and Norway. D

S. April 4, 1908.

R. June 24, 1908, at Washington.

90. United States of America and Portugal. D

S. April 6, 1908.

R. November 14, 1908.

91. United States of America and Spain. D

S. April 20, 1908.

R. June 2, 1908, at Washington.

92. United States of America and Sweden. D

S. May 2, 1908.

R. August 18, 1908, at Washington.

93. United States of America and The Netherlands. D

S. May 2, 1908.

R. March 25, 1909.

94. United States of America and Japan. D

S. May 5, 1908.

R. August 24, 1908, at Washington.

95. Denmark and the United States of America. D

S. May 18, 1908.

R. March 29, 1909.

96. Denmark and Sweden. D

S. July 17, 1908.

Not ratified.

97. China and the United States of America. D

S. October 8, 1908.

R. April 6, 1909.

98. Denmark and Norway.

S. October 8, 1908.

Not ratified.

99. United States of America and Austria-Hungary. D

S. January 15, 1909, at Washington.

R. May 13, 1909.

100. United States of America and Peru. D

S. December 5, 1908, at Washington.

R. June 29, 1909.

101. United States of America and Salvador. D

S. December 21, 1908, at Washington.

R. July 3, 1909.

102. United States of America and Costa Rica. D

S. January 13, 1909, at Washington.

R. July 20, 1909.

NOTES.

The treaties differ in the range given to the obligation

imposed on the signatory parties, as to the nature of the

differences which they shall submit to arbitration. Most of

them, however, are divisible in this respect into three

classes, distinguished above by the reference letters "A,"

"B," and "C," and the distinction described in the following

notes thus marked, from Dr. Scott’s work. Treaties concluded

by the United States have an otherwise distinct character, as

explained in note "D."

A.—The article of reference in these treaties is substantially

(when not identically) as follows:

"The high contracting parties agree to submit to the permanent

Court of Arbitration established at The Hague by the

Convention of July 29, 1899, the differences which may arise

between them in the cases enumerated in Article 3, in so far

as they affect neither the independence, the honor, the vital

interests, nor the exercise of sovereignty of the contracting

countries, and provided it has been impossible to obtain an

amicable solution by means of direct diplomatic negotiations

or by any other method of conciliation.

"1. In case of disputes concerning the application or

interpretation of any convention concluded or to be concluded

between the high contracting parties and relating—a. To

matters of international private law; b. To the management of

companies; c. To matters of procedure, either civil or

criminal, and to extradition.

"2. In cases of disputes concerning pecuniary claims based on

damages, when the principle of indemnity has been recognized

by the parties.

"Differences which may arise with regard to the interpretation

or application of a convention concluded or to be concluded

between the high contracting parties and in which third powers

have participated or to which they have adhered shall be

excluded from settlement by arbitration."

"B. The treaties of this noble class are the few thus far

concluded which pledge the parties engaged in them to submit

_all differences that may arise between them to pacific

arbitration_, reserving no dispute, of any nature, to

become a possible entanglement in war. The formula of

reference in them is substantially this:

"The high contracting parties agree to submit to the permanent

Court of Arbitration established at The Hague by the

Convention of July 29, 1899, all differences of every nature

that may arise between them, and which cannot be settled by

diplomacy, and this even in the case of such differences as

have had their origin prior to the conclusion of the present

Convention."

C.—The reference clause in these treaties is substantially

alike in all, to the following purpose:

"Differences which may arise of a legal nature, or relating to

the interpretation of treaties existing between the two

contracting parties, and which it may not have been possible

to settle by diplomacy, shall be referred to the Permanent

Court of Arbitration, established at The Hague by the

convention of the 29th July, 1899; provided, nevertheless,

that they do not affect the vital interests, the independence,

or the honor of the two contracting States, and do not concern

the interests of third parties."

D.—In the treaties of arbitration negotiated by the United

States the article of reference is like that last quoted, in

Note C; but the following is added to it:

"In each individual case the High Contracting Parties, before

appealing to the Permanent Court of Arbitration, shall

conclude a special Agreement, defining clearly the matter in

dispute, the scope of the powers of the arbitrators, and the

periods to be fixed for the formation of the Arbitral Tribunal

and the several stages of the procedure. It is understood that

on the part of the United States such special agreements will

be made by the President of the United States, by and with the

advice and consent of the Senate thereof, and on the part of

Costa Rica shall be subject to the procedure required by the

Constitution and laws thereof."

This was required by the United States Senate, which rejected

a number of earlier arbitration treaties, negotiated by

Secretary Hay, because they would have allowed cases of

controversy with other nations to be referred to The Hague

Tribunal by the President without specific consent from the

Senate in each particular case. This brings the general treaty

of arbitration down very close to absurdity, leaving almost

nothing of its intended pacific influence to act.

E.—See below: A. D. 1901 (November), and 1902.

WAR, THE REVOLT AGAINST: A. D. 1901 (November).

Treaty of Unreserved Arbitration for all Controversies between

Bolivia and Peru.

On the 21st of November, 1901, the republics of Bolivia and

Peru set a great example of trust in arbitration as a means of

settling controversies between nations, by concluding a

convention which pledged them for ten years to submit every

disagreement between themselves to that peaceful solution,

reserving no question whatsoever. Their example, as will be

seen, was remarkably imitated among their Spanish-American

neighbors in the following year. The subjoined are the

important articles of their compact of peace:

"Article 1.

The high contracting parties pledge themselves to submit to

arbitration all the controversies which have thus far been

pending, and those which, while the present treaty is in

force, may arise between them, whatever may be their nature

and causes provided that it has been found impossible to

settle them by direct negotiation.

"Article 2.

In each case that may arise the contracting parties shall

conclude a special agreement with a view to determining the

subject-matter of the controversy, to fixing the points that

are to be settled, the extent of the powers of the

arbitrators, and the procedure to be observed.

"Article 3.

In case the high contracting parties do not succeed in

agreeing on the points referred to in the foregoing article,

the arbitrator shall be authorized to determine, in view of

the claims of both parties, the points of fact and of law that

are to be decided for the settlement of the controversy, and

to establish the mode of procedure to be followed.

{712}

"Article 4.

The high contracting parties agree that the arbitrator shall

be the permanent court of arbitration that may be established

in virtue of the decisions adopted by the Pan-American

Conference now sitting in the City of Mexico.

"Article 5.

For these two cases: (_a_) If the court referred to in

the foregoing article shall not be created, and (_b_) if

there is need of having recourse to arbitration before that

court shall be created, the high contracting parties agree to

designate as arbitrator the Government of the Argentine

Republic, that of Spain, and that of the United Mexican States

for the performance of this duty, one to act in case of the

disability of the other, and in the order in which they are

named.

"Article 6.

If, while the present treaty is in force, and in the two

contingencies referred to in the foregoing article, different

cases of arbitration shall arise, they shall be successively

submitted for decision to the aforesaid governments in the

order above established.

"Article 7.

The arbitrator shall further be competent:

1. To pass upon the regularity of his appointment, the

validity of the agreement, and the interpretation thereof.

2. To adopt such measures as may be necessary, and to settle

all difficulties that may arise in the course of the debate.

Concerning questions of a technical or scientific character

that may arise during the debate, the opinion of the Royal

Geographical Society of London or that of the International

Geodetic Institute of Berlin shall be asked.

3. To designate the time in which he shall perform his

arbitral functions.

"Article 8.

The arbitrator shall decide in strict obedience to the

provisions of international law, and, on questions relating to

boundary, in strict obedience to the American principle of

‘uti possedetis’ of 1810, whenever, in the agreement mentioned

in article 2, the application of the special rules shall not

be established, or in case the arbitrator shall (not ?) be

authorized to decide as an amicable referee.

"Article 9.

The decision shall decide, definitely, every point in dispute,

stating the reasons therefor. It shall be prepared in

duplicate, and notice thereof shall be given to each of the

parties through its representative before the arbitrator.

"Article 10.

The decision, legally pronounced, shall decide, within the

limits of its scope, the contest between the parties.

"Article 11.

The arbitrator shall fix, in his decision, the time within

which said decision is to be executed.

"Article 12.

No appeal from the decision shall be allowed, and its

execution is intrusted to the honor of the nations that sign

this treaty.

"Nevertheless, an appeal for revision to the arbitrator who

pronounced it shall be admissible, provided that such appeal

be taken before the expiration of the time fixed for its

execution, in the following cases:

1. If the decision has been pronounced on the basis of a

counterfeit document, or of one that has been tampered with.

2. If the decision has been, either in whole or in part, the

consequence of a fact resulting from the proceedings or

documents of the case."

WAR, THE REVOLT AGAINST: A. D. 1902.

Noble Treaties between Argentina and Chile for Obligatory

Arbitration of all Disputes, and for Restriction of Naval

Armaments.

Notwithstanding the fortunate arrangement, in 1898, for

arbitration of a serious boundary dispute between the

Argentine Republic and Chile (see, in Volume VI. of this work,

Argentine Republic), there continued to be troublesome

frictions between the two Spanish-American neighbors, while

awaiting the decision of the arbitrator, King Edward VII.,

which was not rendered until November 27, 1902. These had led

to a ruinous rivalry in naval armament. Reporting on this

state of affairs in May of that year, Mr. William P. Lord, the

American Minister to the Argentine Government, wrote:

"Both countries have incurred heavy expense for the equipment

and maintenance of largely increased army and naval forces.

Chile has recently contracted for two formidable warships

involving a heavy cost with the object of putting her navy

upon an equality with the Argentine navy, whereupon Argentina,

not to be outdone, contracted for two war ships larger in size

and perhaps more formidable at a like heavy cost in order to

continue and maintain her naval superiority. The costly

expenditure incurred on account of war and naval preparations

is paralyzing industrial activity and commercial enterprise.

Both countries are largely in debt and confronted with a

deficit. Both have appropriated their conversion funds which

had been set apart for a specific purpose, and which, it would

seem, should have been preserved inviolable. Neither is able

to make a foreign loan without paying a high rate of interest

and giving guarantees to meet the additional expenses which

their war policy is incurring, and both Governments know and

their people know that the only remedy to which either can

resort to meet existing financial conditions is to levy fresh

taxes of some description, notwithstanding nearly everything

that can be taxed is now taxed to the utmost limit. The weight

of taxation already imposed bears heavily upon the energies

and activities of the people. The outlook is not promising,

business being dull, wage employment scarce, and failures

frequent."

Happily, good sense prevailed over this folly very soon after

Minister Lord wrote his account of it. On the 3d of June,

1902, the same writer was enabled to forward to Washington the

text of four remarkable "peace agreements" which had been

signed on the 28th of May, at the Chilean capital, by the

Chilean Minister of Foreign Relations and the Argentine

Minister Plenipotentiary to Chile, who had been brought to

negotiations by the friendly mediation of Great Britain. The

four documents were: a political convention declaring a common

international policy on the part of the two republics; a broad

treaty of general arbitration; an agreement for the reducing

of naval forces; an agreement for the conclusive marking of

boundary lines by the engineers of the arbitrator, King

Edward. The general arbitration treaty is no less unreserved

and comprehensive than that between Peru and Bolivia and

offers another Spanish-American model for imitation in the

interest of peace. Its articles are as follows:

"Article 1.

The high contracting parties bind themselves to submit to

arbitration every difficulty or question of whatever nature

that may arise between them, provided such questions do not

affect the precepts of the respective constitutions of the two

countries, and that they can not be solved through direct

negotiation.

{713}

" Article 2.

This treaty does not embrace those questions that have given

rise to definite agreements between the two parties. In such

cases the arbitration shall be limited exclusively to

questions of validity, interpretation, or fulfillment of these

agreements.

"Article 3.

The high contracting parties designate as arbitrator the

Government of His Britannic Majesty or, in the event of either

of the powers having broken off relations with the British

Government, the Swiss Government. Within sixty days from the

exchange of ratifications the British Government and the Swiss

Government shall be asked to accept the charge of arbitrators.

"Article 4.

The points of controversy, questions or divergencies shall be

specified by the high contracting parties, who may determine

the powers of the arbitrator or any other circumstance

connected with the procedure.

"Article 5.

In the case of divergence of opinion, either party may solicit

the intervention of the arbitrator, who will determine the

circumstances of procedure, the contracting parties placing

every means of information at the service of the arbitrator.

"Article 6.

Either party is at liberty to name one or more commissioners

near the arbitrator.

"Article 7.

The arbitrator is qualified to decide upon the validity of the

obligation and its interpretation, as well as upon questions

as to what difficulties come within the sphere of the

arbitration.

"Article 8.

The arbitrator shall decide in accordance with international

law, unless the obligation involves the application of special

rules or he have been authorized to act as friendly mediator.

"Article 9.

The award shall definitely decide each point of controversy.

"Article. 10.

The award shall be drawn up in two copies.

"Article 11.

The award legally delivered shall decide within the limits of

its scope the question between the two parties.

"Article 12.

The arbitrator shall specify in his award the term within

which the award shall be carried out, and he is competent to

deal with any question arising as to the fulfillment.

"Article 13.

There can be no appeal from the award, and its fulfillment is

intrusted to the honor of the signatory powers. Nevertheless,

the recourse of revision is admitted under the following

circumstances:

1. If the award be given on the strength of a false

document;

2. If the award be the result, either partially or totally,

of an error of fact.

"Article. 14.

The contracting parties shall pay their own expenses and each

a half of the expenses of the arbitration.

"Article 15.

The present agreement shall last for ten years from the date

of the exchange of the ratifications, and shall be renewed for

another term of ten years, unless either party shall give

notice to the contrary six months before expiry."

_Papers relating to the Foreign Relations

of the United States, 1902, pages 13-20._

In their convention on naval armaments the two governments

"renounced the acquisition of the war vessels they have in

construction and the making for the present of any new

acquisitions," agreeing to reduce their fleets to "a prudent

equilibrium."

WAR, THE REVOLT AGAINST: A. D. 1902.

Ten South and Central American Nations join in Protocol

of Convention for Compulsory Arbitration.

"Ten of the nineteen nations represented at the City of Mexico

[Second Pan-American Conference, 1902] united in the project

of a treaty, to be ratified by their respective governments,

providing for compulsory arbitration of all controversies

which, in the judgment of any of the interested nations, do

not affect either their independence or national honor; and it

is prescribed that in independence and national honor are not

included controversies concerning diplomatic privileges,

limits, rights of navigation, or the validity, interpretation,

and fulfillment of treaties. Mexico became a party to this

project, but the United States declined; thus showing an

entire change of attitude on the part of these two nations

since the Washington conference of 1890. Mexico had in the

meantime adjusted its boundary dispute with Guatemala. But

since Mr. Blaine’s ardent advocacy of compulsory arbitration

the Senate of the United States had manifested its opposition

to the policy by the rejection of the Olney-Pauncefote

arbitration treaty of 1897, and it is to be inferred that the

Secretary of State did not think it wise to commit our

government to a measure which had been disapproved of by the

coordinate branch of the treaty-making power."

_J. W. Foster,

Pan-American Diplomacy

(Atlantic Monthly, April, 1902)._

See (in this Volume)

AMERICAN REPUBLICS.

WAR, THE REVOLT AGAINST: A. D. 1902.

Central America.

Treaty of Compulsory Arbitration between Nicaragua, Salvador,

Honduras, Costa Rica, and Guatemala.

A treaty of compulsory arbitration and obligatory peace,

between four of the States above named, in fulfillment of the

agreement at Mexico was signed at Corinto on the 20th of

January, 1902.

See (in this Volume)

AMERICAN REPUBLICS: SECOND INTERNATIONAL CONFERENCE.

Its essential provisions were the following:

"The Governments of Nicaragua, Salvador, Honduras, and Costa

Rica, desirous of contributing by all the means in their power

to the maintenance of the peace and good harmony that exists

and should exist among them, have agreed to celebrate a

convention of peace and obligatory arbitration, and to that

effect have named as their respective plenipotentiaries: …

Who, after having presented their credentials and the same

being found in good and due form, have agreed upon the

following covenant:

"Article 1.

It is declared that the present convention has for object the

incorporation in form of public treaty the conclusions to

which have arrived their excellencies, the Presidents, General

Don J. Santos Zelaya, General Don Tomas Regalado, General Don

Terencio Sierra, and Don Rafael Iglesias, in the several

conferences that have been held in this port with the sole

object of maintaining and assuring, by all possible means, the

peace of Central America.

"Article 2.

The contracting Governments establish the principle of

obligatory arbitration, in order to adjust every difficulty or

question that might present itself between the contracting

parties, binding themselves in consequence to submit them to a

tribunal of Central American arbitrators.

{714}

"Article 3.

Each one of the contracting parties shall name an arbitrator

and a substitute to constitute the tribunal. The terms of the

arbitrators shall be for one year, counting from their

acceptance, and then they may be reelected.

"Article 4.

The arbitrators of those states among whom exists the

disagreement shall not form part of the tribunal for the

consideration of the concrete case, this remaining entirely

with the arbitrator or arbitrators of the remaining states.

"Article 5.

If, through pairing, there should be no decision, the tribunal

shall select a third among the substitutes. The third should

necessarily adhere to one of the views given out.

"Article 6.

As soon as a difficulty or question presents itself between

two or more states, their respective Governments shall advise

the remaining signers of the present convention.

"Article 7.

The contracting Governments establish and recognize the right

of each one of them to offer without delay, singly or

conjointly, their good offices to the Governments of the

states that are in disagreement, even without previous

acceptation by them, and though they should not have notified

them of the difficulty or question pending.

"Article 8.

The friendly offices exhausted without satisfactory result,

the government or governments that would have exercised them

shall notify the others, declaring at the proper time

arbitration proceedings. This declaration shall be

communicated with the greatest possible brevity to the member

of the tribunal corresponding to the president of same, with

the object that within a period not exceeding fifteen days the

tribunal that is to know and decide the case comes together.

The installation of the tribunal shall be communicated by

telegraph to the signing governments, demanding from the

contending parties the presentation of their claims within the

fifteen days following.

"Article 9.

The tribunal shall give its judgment within five days

following the expiration of the term which has been spoken of.

"Article 10.

The difficulties that may arise through questions of pending

limits, or through interpretation, or execution of treaties of

limits, shall be submitted by the governments interested to

the knowledge and decision of a foreign arbitrator of American

nationality

"Article 11.

The Governments of the states in dispute solemnly agree not to

execute any hostile act, warlike preparations, or mobilization

of forces, with the object of not impeding the arrangement of

the difficulty or question through the means established by

the present agreement."

On the 1st of March following the signing of this peace treaty

by the four Presidents named above, the United States Minister

to Costa Rica, Mr. William Lawrence Merry, reported to his

Government that the President of Guatemala had added his

signature to theirs.

WAR, THE REVOLT AGAINST: A. D. 1903.

Gift of a Court House and Library for the Permanent Court

of Arbitration at The Hague.

By a deed signed October 7, 1903, Mr. Andrew Carnegie created

a foundation or trust under the Netherland law (a

_Stichting_ in the Dutch language), "for the purpose of

building, establishing, and maintaining in perpetuity at The

Hague a court-house and library (temple of peace) for the

permanent court of arbitration established by the treaty of

July 29, 1899." As stated in the deed, "the Netherland

Government, according to agreement, will see to the

appointment of a board of directors under proper control, and

draw up the rules according to which the ‘Stichting’ shall be

governed, so as to ensure in perpetuity its maintenance and

efficiency. The words maintaining, maintenance, in this

agreement are not to be construed as relieving the signatory

powers to the treaty of July 29, 1899, from the financial

obligations incurred and so far discharged in connection with

the permanent court of arbitration. If at any time the purpose

for which the 'Stichting' was founded should fail, the assets

of the ‘Stichting’ shall be employed for promoting the cause

of international peace and concord in such a manner as shall

be determined jointly by the sovereign of the Netherlands and

the President of the United States."

WAR, THE REVOLT AGAINST: A. D. 1904.

International Peace Congresses.

The Thirteenth at Boston.

The First International Peace Congress was held in London in

1843, when men who could think of the possibility of ending

war were jeered at, and little heed was given to their talk.

In the next ten years it had six successors, all in Europe,

and three of them in Great Britain. Then came the succession

of wars in the fifties, sixties and seventies, which seemed to

discourage peace-dreams, and it was not until 1878, on the

occasion of the Paris Exposition, that an eighth international

gathering of the dreamers was attempted. Then they waited

eleven years for hope and faith enough to draw them for a

ninth time together. After that date the series ran on under

growing impulsions and encouragements, and when Boston, in

1904, invited its moving spirits to honor America, for the

first time, with their assemblage, the Congress gathered in

that city, in early October, was the Thirteenth of its name

and kind. It was given exceptional brilliancy by the

attendance of many distinguished people from abroad who had

been drawn to the United States that season by the Exposition

at St. Louis and the various conferences there.

WAR, THE REVOLT AGAINST: A. D. 1904.

A Philosopher’s Plan for Ending War.

"Man lives inhabits, indeed, but what he lives for is thrills

and excitements. The only relief from Habit’s tediousness is

periodical excitement. From time immemorial wars have been,

especially for non-combatants, the supremely thrilling

excitement. Heavy and dragging at its end, at its outset every

war means an explosion of imaginative energy. The dams of

routine burst, and boundless prospects open. The remotest

spectators share the fascination. …

"This is the constitution of human nature which we have to

work against. The plain truth is that people _want_ war.

They want it anyhow; for itself; and apart from each and every

possible consequence. It is the final bouquet of life’s

fireworks. The born soldiers want it hot and actual. The

non-combatants want it in the background, and always as an

open possibility, to feed imagination on and keep excitement

going. …

{715}

"We do ill, I fancy, to talk much of universal peace or of a

general disarmament. We must go in for preventive medicine,

not for radical cure. We must cheat our foe, politically

circumvent his action, not try to change his nature. In one

respect war is like love, though in no other. Both leave us

intervals of rest; and in the intervals life goes on perfectly

well without them, though the imagination still dallies with

their possibility. … Let the general possibility of war be

left open, in Heaven’s name, for the imagination to dally

with. Let the soldiers dream of killing, as the old maids

dream of marrying. But organize in every conceivable way the

practical machinery for making each successive chance of war

abortive. Put peace-men in power; educate the editors and

statesmen to responsibility;—how beautifully did their trained

responsibility in England make the Venezuela incident

abortive! Seize every pretext, however small, for arbitration

methods, and multiply the precedents; foster rival excitements

and invent new outlets for heroic energy; and from one

generation to another, the chances are that irritations will

grow less acute and states of strain less dangerous among the

nations. Armies and navies will continue, of course, and will

fire the minds of populations with their potentialities of

greatness. But their officers will find that somehow or other,

with no deliberate intention on any one’s part, each

successive ‘incident’ has managed to evaporate and to lead

nowhere, and that the thought of what might have been remains

their only consolation."

_William James,

Remarks at the Peace Banquet

(Atlantic Monthly, December, 1904)._

WAR, THE REVOLT AGAINST: A. D. 1904-1909.

The Interparliamentary Union.

The Interparliamentary Union, composed of members of the

parliamentary bodies of many countries, had its origin in

1888, when, on the 31st of October, thirty members of the

French Chamber of Deputies met with ten members of the British

Parliament, at Paris, to discuss the practicability of

cooperation in efforts for the promotion of international

peace. William Randal Cremer, a labor union member of

Parliament, is credited with the conception and the active

agency which set the movement on foot, and in 1903 he received

the Nobel Prize of $35,000, for distinguished service to the

cause of peace. He devoted the money to the same cause. He

received further honors from the Government of France, which

made him a Chevalier of the Legion of Honor. The results of

the undertaking he led have already acquired high importance,

and exhibit more each year. If the glorious dream of a World

Parliament, empowered to enact international law, is ever

realized, the realization may be a growth from this seed.

Thus far, the growth has produced an Interparliamentary Union

composed of representatives from the legislatures of every

country in Europe which has a really constitutional

government, and from the United States. The Congress of the

latter became represented in the Union in the winter of 1904,

and the next meeting of the Union was held at St. Louis that

year, while the Louisiana Purchase Exposition was in progress.

The membership of the Union had then risen to about 2000 in

number, drawn entirely from the national law-making bodies of

the world,—elected representatives of many millions of people,

making up a powerfully influential combination of experienced

public men. The St. Louis meeting was attended by two hundred

of these, including many of distinguished standing in the

parliaments of their several countries. This session of the

Union was under the presidency of the Honorable Richard

Bartholdt, Member of Congress from Missouri. Its most

important action was the adoption, by unanimous vote, of the

following resolution:

"_Whereas_, Enlightened public opinion and the spirit of

modern civilization alike demand that differences between

nations should be adjudicated and settled in the same manner

as disputes between individuals are adjudicated—namely, by

the arbitrament of courts in accordance with recognized

principles of law;

"The Conference requests the several governments of the world

to send representatives to an International Conference, to be

held at a time and place to be agreed upon by them, for the

purpose of considering—

"First, the questions for the consideration of which the

Conference at The Hague expressed a wish that a future

conference be called;

"Second, the negotiation of arbitration treaties between the

nations represented at the Conference to be convened;

"Third, the advisability of establishing an International

Congress to convene periodically for the discussion of

international questions;

"And this Conference respectfully and cordially requests the

President of the United States to invite all the nations to

send representatives to such a Conference."

Subsequently, this resolution was presented to the President,

at Washington, by the members of the Union, and his assent to

the request was received. Out of this came the train of

proceedings which brought about the Second Peace Conference at

The Hague.

In 1905 the meeting of the Interparliamentary Union was held

at Brussels; in 1906 at London; in 1908 at Berlin.

WAR, THE REVOLT AGAINST: A. D. 1907.

The First National Peace Congress in the United States,

assembled at New York.

The Peace Congress assembled at New York April 14, 1907, (the

first National assembly of its character), on the initiative

of Andrew Carnegie, "surpassed expectation. First of all, in

numbers. Delegates registered by the thousand. The best hall

in the metropolis proved inadequate. Overflow and additional

meetings were held in other halls and in churches. For the

first time in the history of great conferences, two banquets

were necessary at the close, taking place coincidentally, with

some of the same speakers passing from one to the other, no

hotel accommodations being sufficient for the function if all

applicants were to be housed in one place. Even with this

doubling the issuance of tickets had to be stopped.

"Secondly, the Congress was the first really National peace

meeting in America. In comparison, previous peace congresses

have been sectional. But at last week’s over thirty-five

States were represented by their Governors or their

representatives, by members of State tribunals and State

Legislatures, and by Mayors of important cities. The Federal

Government was represented by members of the Hague Court, of

the Supreme, Circuit, and District Courts, and of Congress.

Thus the resultant body was a peculiarly representative

official gathering. …

{716}

"Still another striking feature of the Congress lay in the

prominent place given to the representatives of labor and

commerce, a feature comprised in two meetings, addressed by

prominent leaders of the various industries. The general

position was well taken by Mr. Samuel Gompers, President of

the American Federation of Labor: ‘Not as workers will we

permit ourselves to be shot down in order to conquer the

markets of barbarians and savages. I know of no gathering of

labor in the last twenty-five years which has not declared

itself unequivocally for international brotherhood and

peace.’"

"A final and chief feature of interest lay in the notably

practical character of the vast majority of speakers and

listeners. The Congress was no ‘collection of cranks and

fools,’ as a hard-headed man of affairs dubbed it in passing

the hall, without looking in to verify his statement. Neither

was it a collection of white-blooded, weak-kneed theorists,

feebly appreciating the actual conditions that govern

individual passions and national prejudices. As one glanced

around, there were the faces of great captains of industry, of

practical leaders of labor, of men who bulk large in

commercial enterprises, of trusted political leaders. Nor was

the Congress any mere anti-war affair: its business was

positive, not negative; it was to affirm the necessity of

substituting reason for passion. There was a general sentiment

that it ought to emphasize, not ‘rainbows’ or distant Utopias,

but only practical plans certain of realization, and of

realization, too, not in the far future, but in this very

coming summer by action at The Hague."

_The Outlook,

April 27, 1907._

Among the prominent speakers were Mr. Carnegie, who presided,

Mr. Root, Secretary of State, Governor Hughes, of New York,

Ambassador Bryce, Mr. William J. Bryan, Congressman Bartholdt,

President of the American group in the Inter-parliamentary

Union, Professor Münsterberg, President Eliot, Baron

d’Estournelles, the eminent peace advocate of France, and Mr.

W. T. Stead. Mr. Root pointed out the great obstacle to

arbitration—a fear that the tribunals selected would not be

impartial, because arbitrators are thought often to act

diplomatically rather than judicially. "We need," he said,

"for arbitrators, not distinguished public men concerned in

all the international questions of the day, but judges

interested only in the question appearing on the record before

them. Plainly, this end is to be attained by the establishment

of a court of permanent judges."

Mr. Bryan made the excellent suggestion that in time of war

money-lenders shall not be allowed to wax fat by loans, taking

advantage of a nation’s weakness and urging it to continue

hostilities. A loan by the citizens of a neutral nation, he

pointed out, is practically a loan by the nation itself, and

should be objected to as much as furnishing shot and shell.

Mr. Stead, writing of the Congress in the _American Review

of Reviews_, characterized it as "in many respects the most

notable Congress of its kind that has ever been held in the

Old World or the New," and as being "the pioneer or John the

Baptist of the Second International Conference" soon to meet

at The Hague. "It represented," he said, "the first

rudimentary, crude, but nevertheless definite effort on the

part of the New World to impress its will on the Old World."

But he thought the resolutions of the Congress, "as a whole,

were hardly worthy of the importance of the occasion or the

representative character of the conference," and criticised

the committee for taking "no steps for pressing their adoption

upon other governments than their own."

WAR, THE REVOLT AGAINST: A. D. 1907.

Second International Peace Conference at The Hague:

Its Conventions, Declarations, and Recommendations.

Text of the Convention for a Pacific Settlement of

International Disputes, and of the "Final Act," with its

recommended Draft Convention for the Creation of a Judicial

Arbitration Court.

"Pursuant to a request of the Interparliamentary Union, held

at St. Louis in 1904, that a further peace conference be held,

and that the President of the United States invite all nations

to send representatives to such a conference, the late

Secretary of State, at the direction of the President,

instructed, on October 21, 1904, the representatives of the

United States accredited to each of the signatories to the

acts of The Hague Conference of 1889 to present overtures for

a second conference to the ministers for foreign affairs of

the respective countries.

"The replies received to this circular instruction of October

21, 1904, indicated that the proposition for the calling of a

second conference met with general favor. At a later period it

was intimated by Russia that the initiator of the First

Conference was, owing to the restoration of peace in the

Orient, disposed to undertake the calling of a new conference

to continue as well as to supplement the works of the first.

The offer of the Czar to take steps requisite to convene a

second international peace conference was gladly welcomed by

the President, and the Final Act of the Conference only

recites in its preamble the invitation of the President.

"The Russian Government thus assumed the calling of the

Conference, and on April 12, 1906, submitted the following

programme, which was acceptable to the Powers generally and

which served as the basis of the work of the Conference:

"1. Improvements to be made in the provisions of the

convention relative to the peaceful settlement of

international disputes as regards the Court of Arbitration and

the International commissions of inquiry.

"2. Additions to be made to the provisions of the convention

of 1899 relative to the laws and customs of war on land—among

others, those concerning the opening of hostilities, the

rights of neutrals on land, etc. Declaration of 1899. One of

these having expired, question of its being revived.

"3. Framing of a convention relative to the laws and customs

of maritime warfare, concerning—

"The special operations of maritime warfare, such as the

bombardment of ports, cities, and villages by a naval force;

the laying of torpedoes, etc.

"The transformation of merchant vessels into war ships.

"The private property of belligerents at sea.

"The length of time to be granted to merchant ships for their

departure from ports of neutrals or of the enemy after the

opening of hostilities.

{717}

"The rights and duties of neutrals at sea, among others the

questions of contraband, the rules applicable to belligerent

vessels in neutral ports; destruction, in cases of _vis

major_, of neutral merchant vessels captured as prizes.

"In the said convention to be drafted there would be

introduced the provisions relative to war on land that would

be also applicable to maritime warfare.

"4. Additions to be made to the convention of 1899 for the

adaptation to maritime warfare of the principles of the Geneva

Convention of 1864.

"The United States, however, reserved the right to bring to

discussion two matters of great importance not included in the

programme, namely, the reduction or limitation of armaments

and restrictions or limitations upon the use of force for the

collection of ordinary public debts arising out of contracts.

"It was finally decided that the Conference should meet at The

Hague on the 15th day of June, 1907, and thus the Conference,

proposed by the President of the United States, and convoked

by Her Majesty the Queen of The Netherlands upon the

invitation of the Emperor of All the Russias, assumed definite

shape and form. …

"In the circulars of October 21 and December 16, 1904, it was

suggested as desirable to consider and adopt a procedure by

which States nonsignatory to the original acts of The Hague

Conference may become adhering parties. This suggestion was

taken note of by the Russian Government and invitations were

issued to forty-seven countries, in response to which the

representatives of forty-four nations assembled at The Hague

and took part in the Conference. No opposition was made to the

admission of the nonsignatory States."

The delegation of the United States to the Conference was

composed of the following members: Commissioners

plenipotentiary with the rank of ambassador extraordinary:

Joseph H. Choate, of New York, Horace Porter, of New York,

Uriah M. Rose, of Arkansas; Commissioner plenipotentiary:

David Jayne Hill, of New York, envoy extraordinary and

minister plenipotentiary of the United States to the

Netherlands; Commissioners Plenipotentiary with rank of

minister plenipotentiary: Brigadier General George B. Davis,

Judge-Advocate-General, United States Army, Rear-Admiral

Charles S. Sperry, United States Navy, William I. Buchanan, of

New York; Technical delegate and expert in international law:

James Brown Scott, of California; Technical delegate and

expert attache to the Commission: Charles Henry Butler, of New

York; Secretary to the Commission: Chandler Hale, of Maine;

Assistant secretaries to the Commission: A. Bailly-Blanchard,

of Louisiana, William M. Malloy, of Illinois.

"The Dutch Government set aside for the use of the Conference,

the Binnenhof, the seat of the States-General, and on the 15th

day of June, 1907, at 3 o’clock in the afternoon, the

Conference was opened by his excellency the Dutch minister for

foreign affairs in the presence of delegates representing

forty-four nations. … At the conclusion of the address of

welcome his excellency suggested as president of the

Conference His Excellency M. Nelidow, first delegate of

Russia, and, with the unanimous consent of the assembly, M.

Nelidow accepted the presidency and delivered an address." …

In accordance with the suggestion of the president, an order

of procedure, in twelve articles, was adopted, and the

Conference was divided into four Commissions, between which

the subjects specified in the programme of the Conference were

apportioned. "The actual work of the Conference was,

therefore, done in commission and committee. The results, so

far as the several commissions desired, were reported to the

Conference sitting in plenary session for approval, and after

approval, submitted to the small subediting committee for

final revision which, however, affected form, not substance.

The results thus reached were included in the Final Act and

signed by the plenipotentiaries on the 18th day of October,

1907, upon which date the Conference adjourned."

_Report of the Delegates of the United States

(60th Congress, 1st Session Senate Doc. 444)._

The results of the Conference are embodied in fourteen

Conventions duly formulated and signed, and a "Final Act" in

which certain principles are declared as being "unanimously

admitted." Of the Conventions entered into, that most

important one which provides means for a pacific solution of

international conflicts is but a revision of the Convention

for the same purpose which the Powers represented at the First

Peace Conference, of 1899, gave adhesion to, and the full text

of which is printed in Volume VI. of this work (pages

356-359). To a large extent the articles of the Convention are

unchanged, and the changes made are mostly in the nature of an

amplification of provisions and prescriptions of procedure for

carrying out the agreements set forth in the compact of 1899.

This occurs especially in Part III., relating to

"International Commissions of Inquiry," the specifications for

which, merely outlined in six articles of the Convention of

1899, were detailed with precision in twenty-eight articles of

the Convention of 1907. A similar amplification was given to

the chapters on "The System of Arbitration" and "Arbitral

Procedure." By a verbal change of some significance, the

parties to the Convention are designated "Contracting Powers,"

instead of "Signatory Powers," as before.

Other important features of the revision are noted in an

article which the Honorable David Jayne Hill, one of the

American Commission at the Conference, communicated to _The

American Review of Reviews_ of December, 1907. Dr. Hill

wrote:

"With regard to good offices and mediation, a slight step

forward was taken by the acceptance of the American

proposition that the initiative of powers foreign to the

controversy in offering them is not only ‘useful’ but

‘desirable.’ Greater precision has been given to the operation

of commissions of inquiry, whose great utility has already been

tested, but it was decided that the functions of such

commissions should be confined to a determination of facts and

should not extend to fixing responsibility. As regards

arbitration, while it was reasserted that ‘in questions of a

legal character, and especially in the interpretation or

application of international conventions, arbitration is

recognized by the contracting powers as the most efficacious

and at the same time the most equitable means of settling

differences that have not been adjusted by diplomacy,’ and,

‘in consequence, it would be desirable that, in contentions of

this character, the powers should resort to arbitration,’ it

was not found possible to render this resort an obligation.

{718}

"It is necessary to state, however, that while unanimity upon

this proposal was not obtainable—even for a convention that

omitted all questions affecting ‘the vital interests,

independence, or honor’ of the contestants and included only a

meagre list of mainly unimportant subjects—32 powers voted in

favor of it, only 9 were opposed, and 3 abstained from voting.

As practical unanimity was held to be necessary for the

inclusion of a convention in the final act, even this very

moderate attempt at obligatory arbitration was unfruitful.

Still, as this strong manifestation of a disposition to make a

definite engagement could not conveniently be nullified

without being in some measure recognized, it was resolved,

with four abstentions, that the first commission was:

‘Unanimous (1) in recognizing the principle of obligatory

arbitration; and (2) in declaring that certain differences,

notably those relative to the interpretation and application

of conventional stipulations, are susceptible of being

submitted to obligatory arbitration without restriction.’

"Regarding this resolution as a retreat from the more advanced

position that had been taken by 32 powers, the head of the

American delegation clearly explained its attitude and

refrained from voting.

"It must, in justice, he added that some of the powers voting

against an obligatory arbitration convention probably did so

chiefly for the purpose of avoiding the isolation of others,

and that some of the powers most earnest in opposing the

project not only have negotiated special treaties of

obligatory arbitration, but declare their intention of

negotiating many more. The state of the question, then, is

this: All accept the principle of obligatory arbitration in

certain classes of cases, 32 powers are prepared to make

definite engagements with all the rest, 9 prefer to make them

only with states on whose responsibility they can rely, and 3

decline at present to commit themselves."

On the part of the United States, when this important

Convention was submitted subsequently to the Senate, it was

ratified conditionally, by the following resolution, adopted

April 2, 1908.

"_Resolved (two-thirds of the Senators present concurring

therein_), That the Senate advise and consent to the

ratification of a convention signed by the delegates of the

United States to the Second International Peace Conference,

held at The Hague from June sixteenth to October eighteenth,

nineteen hundred and seven, for the pacific settlement of

international disputes, subject to the declaration made by the

delegates of the United States before signing said convention,

namely:

"‘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 of 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 its traditional

attitude toward purely American questions.’

"_Resolved further, as a part of this act of

ratification,_ That the United States approves this

convention with the understanding that recourse to the

permanent court for the settlement of differences can be had

only by agreement thereto through general or special treaties

of arbitration heretofore or hereafter concluded between the

parties in dispute; and the United States now exercises the

option contained in article fifty-three of said convention, to

exclude the formulation of the ‘compromis’ by the permanent

court, and hereby excludes from the competence of the

permanent court the power to frame the ‘compromis’ required by

general or special treaties of arbitration concluded or

hereafter to be concluded by the United States, and further

expressly declares that the ‘compromis’ required by any treaty

of arbitration to which the United States may be a party shall

be settled only by agreement between the contracting parties,

unless such treaty shall expressly provide otherwise."

Of the other Conventions agreed to and signed at the

Conference it will be sufficient to give here in part a

summary statement of their objects and provisions which was

prepared by the Honorable James Brown Scott, one of the

Technical Delegates to the Conference from the United States,

originally for publication in _The American Journal of

International Law_ for January, 1908. They are described by

Mr. Scott as follows:

"The second is the convention restricting the use of force for

the recovery of contract debts. This was introduced by the

American delegation, loyally and devotedly seconded by Doctor

Drago, who has battled for the doctrine to which he has given

his name. Without the support of Doctor Drago, it is doubtful

if Latin America—for whose benefit it was introduced—would

have voted for this very important doctrine. The proposition

is very short; it consists of but three articles, but we must

not measure things by their size. In full it is as follows;

‘In order to avoid between nations armed conflicts of a purely

pecuniary origin arising from contractual debts claimed from

the government of one country by the government of another

country to be due to its nationals, the contracting powers

agree not to have recourse to armed force for the collection

of such contractual debts.

"‘However, this stipulation shall not be applicable when the

debtor state refuses or leaves unanswered an offer to

arbitrate, or, in case of acceptance, makes it impossible to

formulate the terms of submission, or after arbitration, fails

to comply with the award rendered.

"‘It is further agreed that arbitration here contemplated

shall be in conformity, as to procedure, with Title IV,

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