were to be judges of the Supreme Court of the United States or of the circuit courts, and the other three, judges of the British Supreme Court of Judicature or members of the Judicial Committee of the Privy Council, whose award, if by a majority of not less than five to one, was to be final. The award by a smaller majority was also to.be final unless either party should within three months protest against it, in which case it was to be of no validity; but it was stipulated that in such an event no recourse to hostile measures should be taken till the mediation of one or more friendly powers had been invited by one or both of the contracting parties. In case the question concerned a particular State or Territory of the United States, it was to be open to the President to appoint a judicial officer of such State or Territory as one of the arbitrators; and the British Government was to have a similar discretion where the question concerned a British colony or possession. It was further provided that, in case one of the tribunals, constituted for the decision of matters not involving the determination of territorial claims, should, before the close of the hearing, decide, upon motion of either contracting party, that the determination of the case before it necessarily involved "the decision of a disputed question of principle of grave general importance affecting the national rights of such party as distinguished from the private rights whereof it is merely the international representative," the jurisdiction of the tribunal should cease and the case should be dealt with in the same manner as if it involved the determination of a territorial claim. It was explained in the treaty that the phrase groups of pecuniary claims" meant " claims by one or more persons arising out of the same transactions or involving the same issues of law and of fact; " and that the phrase "territorial claims included "all claims to territory and all claims involving questions of servitudes, rights of navigation and of access, fisheries and all rights and interests necessary to the control and enjoyment of the territory claimed by either of the high contracting parties." Each Government was to pay its own expenses, while those properly devolving upon the two Governments were to be defrayed in equal moieties; but, where "the essential matter of difference submitted to arbitration" was the right of one of the parties " to receive disavowals of or apologies for acts or defaults of the other not resulting in substantial pecuniary injury," the tribunal was to direct whether any of the expenses of the successful party should be borne by the unsuccessful party, and if so, to what extent. The treaty was to remain in force for five years from the date on which it should go into operation, and further till the expiration of twelve months after notice by either party of a wish to terminate it. For. Rel. 1896, 238. May 12, 1897, Mr. Sherman, Secretary of State, notified Sir Jullan Pauncefote" that the Senate of the United States, under date of May 5, 1897, failed to give its advice and consent to the ratification of the arbitration treaty concluded January 11, 1897, between the United States of America and Great Britain." "International arbitration can not be omitted from the list of subjects claiming our consideration. Events have only served to strengthen the general views on this question expressed in my inaugural address. The best sentiment of the civilized world is moving toward the settlement of differences between nations without resorting to the horrors of war. Treaties embodying these humane principles on broad lines without in any way imperiling our interests or our honor shall have my constant encouragement." President McKinley, annual message, Dec. 6, 1897, For. Rel. 1897, xxv. (3) THE HAGUE CONVENTION, 1899. § 1086. "The maintenance of general peace and a possible reaction of the excessive armaments which weigh down upon all nations present themselves, in the actual present situation of the world, as the ideal toward which should tend the efforts of all governments. "The magnanimous and humanitarian views of His Majesty the Emperor, my august master, are entirely in accord with this senti ment. "In the conviction that this lofty object agrees entirely with the most essential interests and the most rightful desires of all the powers, the Imperial Government believes that the present time is very favorable for seeking, through the method of an international conference, the most effective means of assuring to all nations the benefits of a real and lasting peace, and of placing before all the question of ending the progressive development of existing armaments. "In the course of the last twenty years the aspirations for a general pacification have become strongly impressed upon the minds of civilized nations. The preservation of peace has been set up as the end of international politics; it is in its name that the great powers have formed powerful alliances with one another; it is for the better guarantee of peace that they have developed, to proportions hitherto unknown, their military forces, and that they shall continue to augment them without hesitating on account of any sacrifice whatever. "All these efforts have not, however, yet accomplished the beneficent results of the much-wished-for pacification. "The ever-increasing financial expense touches public prosperity at its very source; the intellectual and physical powers of the people, labor and capital, are, in a great measure, turned aside from their natural functions and consumed unproductively. Hundreds of millions are used in acquiring fearful engines of destruction, which, to-day considered as the highest triumph of science, are destined to-morrow to lose all their value because of some new discovery in this sphere. "It is true also that as the armaments of each power increase in size they succeed less and less in accomplishing the result which is aimed at by the governments. Economic crises, due in great part to the existence of excessive armaments, and the constant dangers which result from this accumulation of war material, makes of the armed peace of our day an overwhelming burden which it is more and more difficult for the people to bear. It therefore seems evident that, if this state of affairs continues it will inevitably lead to that very cataclysm which we are trying to avoid, and the horrors of which are fearful to human thought. "To put an end to these increasing armaments, and to find means for avoiding the calamities which menace the entire world, that is the supreme duty which to-day lies upon all nations. Impressed with this sentiment, His Majesty the Emperor has deigned to command me to propose to all the governments who have duly accredited representatives at the imperial court the holding of a conference to consider this grave problem. "This conference will be, with the help of God, a happy augury for the century which is about to open. It will gather together into a powerful unit the efforts of all the powers which are sincerely desirous of making triumphant the conception of a universal peace. It will at the same time strengthen their mutual harmony by a common consideration of the principles of equity and right, upon which rest the security of states and the well-being of nations. "CTE. MOURAVIEFF. ST. PETERSBURG, August 12, 1898. (New style August 24.)" Translation of a circular note, a copy of which was handed by Count The contents of the note were summarized by Mr. Hitchcock in a telegram "ST. PETERSBURG, December 30, 1898. "MR. AMBASSADOR: When, during the month of August last, my August Master ordered me to propose to the governments who had accredited representatives in St. Petersburg the meeting of a conference for the purpose of seeking the most efficient means of assuring to all peoples the benefits of a real and lasting peace, and above all to place a limit upon the progressive development of existing armaments, nothing seemed opposed to the realization in the comparatively near future of this humanitarian project. "The welcome reception accorded to the measure of the Imperial Government by almost all the powers can but justify this hope. Appreciating fully the sympathetic manner in which the adhesion of almost all the governments has been expressed, the imperial cabinet has at the same time received with the liveliest satisfaction the evidences of hearty assent which have been addressed to it, and which do not cease to arrive from all classes of society of the different parts of the world. Notwithstanding the great current of opinion which has been produced in favor of a general pacification, the political horizon has sensibly changed in its aspect recently. Several powers have proceeded with new armaments, enforcing additional increase of their military forces, and in the presence of this uncertain situation one might be led to ask whether the present moment is opportune for an international discussion of the ideas set forth in the circular of August 12-24. Hoping, however, that the elements of trouble which agitate the political world will soon give place to a calmer order of things and one of a nature to encourage the success of the proposed conference, the Imperial Government for its part is of the opinion that it will be possible to proceed at once with a preliminary exchange of ideas among the powers with a view— "(a) Of seeking without delay for means of placing a limit upon the progressive increase of land and naval armaments, a question which plainly is becoming more and more urgent in view of the new increase of these armaments; and (b) To prepare the way for a discussion of the questions relating to the possibility of preventing armed conflicts by the pacific means at the disposition of international diplomacy. "In case the powers consider the present moment favorable for the meeting of a conference on these bases, it certainly will be useful for the cabinets to agree among themselves upon the subject of a programme of its work. "The themes to submit to an international discussion at the actual conference might generally be summed up in the following manner: "1. An understanding stipulating the nonincrease for a fixed term of the present effectives of land and naval forces, as well as of the war budgets relating thereto; a preliminary study of the manner in which there might be even realized in the future a reduction of the effectives and the budgets above mentioned. 2. Interdiction of the putting into use in armies and navies of any new firearms whatever, and of new explosives, as well as more powerful powders than those now adopted, as well for guns as for cannon. 3. Limitation of the use in land campaigns of explosives of great power already in existence, and the prohibition against the throwing of all projectiles and explosives from balloons, or by similar means. 4. The interdiction of the use in naval wariare of submarine torpedo boats or plungers, or other engines of destruction of the same nature; engagement not to build in the future war vessels with rams. 5. The adaptation to naval warfare of the stipulations of the Geneva convention of 1864, upon the basis of the additional articles of 1868. 6. Revision of the declaration in regard to the laws and customs of war, elaborated in 1874 by the Brussels conference and still remaining unratified. 7. The acceptance in principle of the usage of good offices, of mediation, and of optional arbitration for such cases as lend themselves to it, with a view of preventing armed conflicts between nations; an understanding upon the subject of their mode of application, and the establishment of a uniform code of practice in their use. It is clearly understood that all questions concerning the political relations of states, and of the established order of things by treaty, a, in general, all questions which do not enter directly into the programme adopted by the cabinets, ought to be absolutely excluded from the deliberations of the conference. "In addressing to you, Mr. Ambassador, the request to have the goodness to obtain the instructions of your Government upon the subject of my present communication, I would ask you at the same time to bring to its notice that in the interest of the great cause |