Chapter V Switzerland, and Zorn of Germany. The Chairman Membership. of the Third Committee, M. Bourgeois, usually presided at the meetings of the Comité d'Examen, and the Honorary Presidents, Count Nigra and Lord Pauncefote, were regular and active attendants. The President of the Conference, M. de Staal, M. Basily of Russia, and Jonkheer van Karnebeek of Holland, also attended with more or less regularity. Chevalier Descamps was chosen reporter of the Committee, and Baron d'Estournelles, secretary. The latter was ably assisted by M. Jarousse de Sillac, one of the secretaries of the Conference. Besides the members, various delegates attended particular meetings by invitation, notably Baron de Bildt of Sweden, Count Macedo of Portugal, Messrs. Beldiman and Papiniu of Roumania, Delyannis of Greece, Professor Renault of France, M. Rolin of Siam, and Messrs. Mijatovich and Veljkovich of Servia. Importance mittee. The Comité d'Examen rapidly and quite unexpectof the com- edly became the centre of interest in the entire Conference. The most important declarations of the various Governments were made at its meetings, and it was soon evident that the question of the success or failure of the Conference as a whole depended almost entirely upon the chance of unbroken harmony in this Committee. Accordingly, when for a time there appeared to be danger that at least one great Power-the German Empire- might discontinue its coöperation in the establishment of the permanent Court of Arbitration, the sessions were suspended by common consent, in order to give an at Berlin. opportunity to the German representative, Dr. Zorn, Chapter V to proceed to Berlin in order to discuss the objec- Negotiations tions which had been raised, which were technical, though by no means frivolous, in their nature. At the suggestion of Prince Münster and Ambassador White, and with the cordial assent of the other members of the Committee, Mr. Holls of the United States also went to consult with Prince Hohenlohe and Count von Bülow upon the same subject, and the joint efforts of the two delegates were completely successful. Other similar crises were happily averted without friction or publicity. The Committee met at first in the famous Chinese Meetings. room of the House in the Wood, but most of its sessions were held in the beautiful and historical Salle de Trèves in the Binnenhof, in the city of The Hague. The Committee held eighteen sessions, usually on Mondays, Wednesdays, and Fridays, most of them lasting from two till six in the afternoon, and the discussions were often of the greatest interest. While the ordinary language used was, of course, French, the familiarity of nearly all the members with English and German led to the occasional use of these languages -the secretary, Baron d'Estournelles, giving notable assistance in the way of immediate, accurate, and graceful translation. Beyond any doubt, the work of this Committee Personal will remain, to those who were privileged to take remarks. part, the most memorable feature of the entire Conference. Bound together by a common endeavor to accomplish what was recognized as an end as Chapter V Personal remarks. noble as it was difficult, the members soon dropped diplomatic reserve. Sincere personal esteem, as well as genuine good fellowship, appeased even the most serious differences of opinion. The absorbing interest shown in the work by the members themselves is evidenced by the fact that from first to last no member was absent from any meeting, save only M. Bourgeois, when summoned to Paris by the offer of the Premiership of France, and M. de Martens when on duty as President of the High Court of Arbitration between Great Britain and Venezuela. The plan and scope of this work preclude much narration of a personal nature, which otherwise might not be wholly without interest. It may, however, perhaps be permissible to make more than a passing reference to the delightful hours spent in the company of these men. To listen to the diplomatic wisdom of veteran statesmen like Baron de Staal, Count Nigra, and Lord Pauncefote; to hear the profoundest problems of International Law debated thoroughly and most brilliantly by authorities like De Martens, Asser, Descamps, Lammasch, and Zorn; to observe the noble idealism of Baron d'Estournelles, the sound judgment of M. de Basily and Jonkheer van Karnebeek, and the unerring prudence of Switzerland's efficient representative, M. Odier, - and finally, to watch the perfection of decision and tact in the firm but most amiable management of all these various elements by the Chairman, M. Bourgeois, -all this would in itself be of sufficient general interest to deserve an enduring record. Unfortunately, this is Chapter V impossible, for in the absence of a stenographic report, by far the greater and better part of the debates the animated discussions -are necessarily lost. The admirable procès verbeaux of Baron d'Estournelles summarize most accurately the action taken, as well as many of the speeches made, and they, together with the present writer's own recollections and memoranda, form the basis of most of the narrative which is hereinafter given, under the appropriate article. One further personal remark may be pardoned. To every member of the Comité d'Examen, without exception, the author is under the deepest obligation for acts of personal kindness and good will too numerous to mention, and the knowledge that these were intended also as proofs of friendship for the great Republic which he had the honor to represent, serves only to increase his sincere gratitude. From first to last, there is not one phase of the Committee's work, nor of his intercourse with each of its members, of which he cannot sincerely and thankfully say: Haec olim meminisse juvabit. THE CONVENTION FOR THE PEACEFUL ADJUSTMENT OF The Convention for the peaceful adjustment of international disputes, dated and signed July 29th. 1899, requires comparatively little commentary or explanation. A code of rules for international inter Chapter V Preamble. course is naturally more simple than a code of law for individuals, since questions arising between States, multifarious and complex as they may be, are still simplicity itself when compared to the innumerable jural relations of private and municipal life. The full text of the Convention is here given, and besides the official minutes, the report made to the Conference on behalf of the Comité d'Examen by Chevalier Descamps has of course been taken as the basis of the commentary, without, however, diminishing the present writer's own responsibility. The Treaty begins as follows: The Sovereigns and Heads of State [here follow the names] represented at the Conference, animated by a strong desire to coöperate for the maintenance of general peace: Resolved to second by their best efforts the friendly settlement of international disputes: Recognizing the solidarity which unites the members of society of civilized nations: Desirous of extending the empire of law, and of strengthening the appreciation of international jus tice: Convinced that the permanent institution of a Court of Arbitration, accessible to all, in the midst of the independent Powers, will contribute effectively to this result: Having regard to the advantages attending the general and regular establishment of arbitral procedure: Sharing the opinion of the August Initiator of the |