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INTERNATIONAL RELATIONS

BY

STEPHEN HALEY ALLEN

FORMERLY A JUSTICE OF THE SUPREME COURT OF KANSAS

Author of

THE EVOLUTION OF GOVERNMENTS AND LAWS

PRINCETON UNIVERSITY PRESS
PRINCETON, N. J.

Sales Agents for the Author
Copyright, 1920, by
STEPHEN HALEY ALLEN

Published January, 1920
CONTENTS

INTRODUCTORY

CHAPTER I

SOVEREIGN StTaTEs—Early Conceptions of Sovereignty and
International Relations. Modern Conception of the Na-
tion. Want of Binding Law and Supervising Force over
the Nations. Composition of the Nation. Aliens and
Absentees.

CHAPTER II

Lae SAN .
INTERNATIONAL Law—Dawn of International Law. Ambas-
sadors and Diplomatic Agents. Treaties. European
Political Congresses. The Monroe Doctrine.

CHAPTER III

GENERAL WELFARE CONVENTIONS—The Geneva Convention.
International Bureau of Weights and Measures. Protec-
tion of Submarine Cables. Repression of the African
Slave Trade. International Union for the Publication of
Customs Tariffs. Repression of the Trade in White
Women. International Institute of Agriculture. The
Algeciras Convention. International Office of Public
Health.

CHAPTER IV
Tue UNIVERSAL PostaL Unton-——Universal Postal Conven-
tion.
CHAPTER V

CoMMON PROPERTY OF ALL NaTIoNs—The Sea. Interna-
tional Rules for Preventing Collisions at Sea. Safety of
Life at Sea. Entry in port of destination. Piracy. As-
sistance and Salvage at Sea. Fisheries. Telegraphs:
Cable and Radio. Bed of the Sea and Ocean Products
other than Fish. Sanitation. The unseen Natural
Forces. The Air.
iv CONTENTS

CHAPTER VI

SETTLEMENT OF INTERNATIONAL DISPUTES BY ARBITRATION
AND Mepiation—The Alabama Claims. The Fur-Seal
Fisheries.

CHAPTER VII

Tue Hacue ConrerENcEs—Pacific Settlement of Interna-
tional Disputes. Forcible Collection of Contract Debts.
Declaration of War. Laws and Customs of War on
Land. Discharge of Projectiles and Explosives from
Balloons. Laws and Customs of War on the Sea.
Status of Enemy Merchant Ships at the Outbreak of
Hostilities. Conversion of Merchant Ships into War-
ships. Laying of Automatic Submarine Contact Mines.
Bombardment by Naval Forces in Time of War. Adapta-
tion to Naval War of the Principles of the Geneva Con-
vention. Right of Capture in Naval War. Rights and
Duties of Neutrals in Naval War. Declaration of Lon-
don Concerning the Laws of Naval Warfare. Red Cross
Convention.

CHAPTER VIII

OTHER RECENT GENERAL WELFARE CONVENTIONS—Conven-
tions of the Central American States. Repression of the
Circulation of Obscene Publications. International Am-
erican Conferences. Pecuniary Claims Convention.
Literary and Artistic Copyright. Protection of Trade-
marks. Inventions, Patents, Designs, and Industrial
Models. Industrial Property Convention. International
Sanitary Convention. Wireless Telegraph Convention.

CHAPTER IX

INTERNATIONAL GOVERNMENTAL EsTABLISHMENTS—Suc-
cesses and Failure of the General Welfare Conventions.
National Expansion.

CHAPTER X

Tue LeEaGuE oF NATIONS: COVENANT AND PEACE TREATY
WITH GERMANY.
INTRODUCTORY

The relations of nations and of people to each other are de-
termined by the sum total of human progress and of the ideals
which lead men to happier lives and more useful activities. In
the march of civilization law-makers of necessity follow rather
than lead. The great inventions which arouse the imagination
are the pioneers. The mariner’s compass pointed the way over
the unknown seas and gave assurance that whatever course
was taken might be retraced. To it and the spirit of adventure
it aroused the world owes the conversion of the ocean from an
impassable barrier, separating the continents into different
worlds, to a great universal thoroughfare connecting every
port of every: land with every other port. Following the dis-
covery of America and the settlement of Europeans along its
coasts came colonial problems to the statesmen of Europe and
the necessity of changing their theories of rulership by arbi-
trary force for a system affording the people of the colonies
some measure of liberty in the regulation of their affairs. With
no means of communication between the two continents but
sailing vessels, there was such partial isolation as induced the
growth of new customs, modes of life and ideas of social re-
lations. In time these became so distinct and firmly established
that the colonists would not submit to the ill-advised measures
of the governments of the parent countries. The result was
political separation and the organization in the western hemi-
sphere of republican governments now numbering twenty-one.

Political separation has not been followed by isolation.
Soon after it took place the relatively small and slow sailing
vessels which had brought settlers by tens and by hundreds
were supplemented by the great steamships transporting them
swiftly and safely by thousands. With the aid of the steam-
engines in use during the nineteenth century for the first time
in the history of the world, Europe and America were drawn
. Closer and closer together, till the manufacturing and commer-
2 INTERNATIONAL RELATIONS

cial states of the former became dependent on the latter for a
large part of their daily food and material for their industries.
The stream of migration swelled until more than a million peo-
ple a year crossed the Atlantic to make the United States their
home. The discovery that instantaneous communication could
be carried on by means of a broken electrical current trans-
mitted over a wire, and that by insulation of the wire the cur-
rent could be transmitted through the water, led to the laying
of the great cables across the ocean. Through these corre-
spondence between governments and individuals became instan-
taneous. The breadth of the ocean interposed no obstacle and
caused no delay in the transmission of messages. The many
inventions through which the great printing presses were per-
fected and the organization of the press associations made
possible the great daily papers giving to the public on all con-
tinents news of the events in every part of the world. Wire-
less telegraphy has now extended this instantaneous communi-
cation to and from the ships on the sea. Combining the use of
the broken electrical current with that of the explosive force
of ignited gas the long dreamed of horseless carriage and fly-
ing machine afford rapid transit over land and still more rapid
movement through the air. The shore lines place limits to the
ocean highway, but the thoroughfare of the air has no bound-
aries or limitations. Neither political boundaries nor natural
obstacles bar the aviator’s passage. National isolation is a con-
dition of the past. All theories of government and of social
organization based on it are obsolete. The world is one and
the relations of its peoples must be adjusted accordingly. No
man is entitled to the name of statesman who does not think
in terms of the whole world and all its people. Inventive
genius, private enterprise, and personal daring, have ushered
in the new age of universal fellowship. Under this leadership
the march of civilization moves on at a rapidly accelerated
pace, obstructed more often than aided by the action of rulers
and law-makers. The inspiration of these changed conditions
points to moral advancement corresponding to the marvelous
changes in the material world. Statesmen without clear vision
of the moral as well as material aspects of the problems pre- .
INTRODUCTORY 3

sented to them in readjusting international relations have no
right to sit in the conferences through which the new relations
are to be adjusted.

The design of this work is to present as clearly and concisely
as possible the ancient and modern conceptions of a nation, the
attribute of ultimate sovereignty claimed for it, its composition
and boundaries, the laws and customs followed in international
dealings and, more particularly, the modern progress in regu-
lating international intercourse by international conventions,
efforts to prevent war by arbitration and mediation, and to
mitigate its barbarities when it does come. In order to present
the exact situation existing at the outbreak of the great war
the important general conventions which were then in force
have been copied in full. These disclose the wonderfully rapid
progress which has been made within the last half century in
international cooperation on land and sea for the safety and
welfare of all. The work closes with the peace treaty and the
constitution of the league of nations.

The natural method of treating the subject of government
and the relations of states is to begin at the beginning and
trace the development of governmental systems down to the
present time, but this cannot be done. Aristotle says—‘“Now
if any one would watch the parts of a state from the very first
as they rise into existence, as in other matters, so here he would
gain the truest view of the subject. . . . That society then,
which nature has established for daily support, is a family... .
But the society of many families, which was instituted for last-
ing and mutual advantage, is called a village, and a village is
most naturally composed of the emigrant members of one fami-
ly. . . . And hence by the way states were originally govern-
ed by kings, as the Barbarians now are; for they were com-
posed of those who always were under kingly government.
For every family is governed by the elder as are its branches,
on account of their relationship; and this is what Homer says:

“Then each his wife and child doth rule
for in this scattered manner they formerly lived.”*

1 Aristotle’s Politics, Book 1, Chapter 2.
4 INTERNATIONAL RELATIONS

The family taken by Aristotle as the starting point of his
state consisted of a man and his wife, children, and slaves,
whom he ruled. Following in the same line of thought Taylor
says—‘“The most important single result so far attained by the
application of the comparative method to the study of political
institutions is embodied in the discovery that the unit of or-
ganization in all the Aryan nations, from Ireland to Hindu-
stan, was the naturally organized association of kindred—the
family swelled into the clan—which in a settled state assumed
the form of a village community.”*

The paternal theory of government, so prevalent in all Asi-
atic countries, is based on rulership of the family by the male
head of it. Most writers are content to take the family as the
starting-point of all political organization and to build tribe,
gens, village, city and state on it as a foundation. Instances
of such development in great number may be cited from
Hebrew, Greek and Roman history, but when we consider
that Greek and Roman history only reach back a scant hundred
generations, and Hebrew records perhaps fifty more, and that
all the records we have started after a period of intellectual
activity sufficient and continuing long enough to produce a
written language, it becomes evident that, in relation to the
unnumbered ages since man appeared on earth, all history is
modern. We have no really ancient history and know nothing
about really old civilization. We have, however, records of
the rise and fall of nations in many diverse ways in great num-
ber. Apparently the Egyptian and Chinese records reach
farthest back of all, but of course they fail to reach the be-
ginning, and start with a considerably advanced state of so-
ciety which has been followed by many radical changes.
Abraham went out of Ur, a city of the Chaldees, with his
family, and settled in Canaan and became the founder of the
Hebrew nation.* He did not spring from primitive conditions,
but came out of Chaldea with his family and herds to seek
more favorable surroundings. His grandchildren, from whom
sprang the twelve tribes of Israel, went into captivity in Egypt,

2 International Public Law, Taylor § 7. 2
3 Genesis XI-XII.
INTRODUCTORY 5

a highly civilized and productive country, from which their
progeny in twelve tribes were led into Palestine by Moses.
There they established a permanent settlement with a theo-
cratic government and division of the land among them by
tribes. This division into tribes persisted for many centuries
in accordance with the laws of Moses relating to the tenure of
their lands. No such division appears to have been maintained
either in Egypt or Babylonia. In those rich and populous
countries the people were classified according to official posi-
tion, wealth, and occupation, and subject to despotic govern-
ments ruling over all of them.

In the early settlements of Greece there were tribal growths
from which city states developed. As manufactures and com-
merce grew tribal divisions in the principal cities disappeared.
Rome started from its three tribes, but when it became a great
city the usual differentiation along class lines took place, and a
very large part of the population was made up from outside
districts and countries. These are prominent instances of na-
tional beginnings from tribal sources. Many others concern-
ing which our information is not so full might be mentioned.
Neither of those mentioned is a case of what may fairly be
called primitive people. All of the tribes mentioned proceeded
out of civilized countries in which the family relations were
clearly defined by law. Abraham was the head of a polyga-
mous family and had wives, children and servants in ac-
cordance with the established law of his country. The Greeks
and Romans had advanced from polygamists to monogamists,
but included slaves as a part of the household. Aristotle as-
sumed this to be the natural composition of a family.

Generally tribal development takes place under conditions of
comparative isolation and poverty, and disappears with dense
population and much accumulation of wealth. This is equally
so whether the progenitors of the tribe come out of a civilized
state or break off from a savage tribe. The Indians of the
Americas, the natives of the poorer regions of Africa, the
Asiatics in the desert and pastoral countries, exhibit persistent
divisions into tribes, of which some are destroyed in wars, by

4 Numbers Ch. 34-35 and 36.
6 INTERNATIONAL RELATIONS

famine, or pestilence, while others increase in numbers, sepa-
rate and send out branches from which new tribes are formed.
Indolence and improvidence furnish no foundation for an ex-
tensive governmental structure or an elaborate system of laws.
So long as these are general conditions, war, pestilence and
famine, prevent great increase of population and restrict ideas
of government to mere tribal organization, with here and there
a confederacy for mutual aid in war.

The confederacy of the Iroquois was formed of the tribes
settled in the game filled forests of New York near lakes and
streams filled with the best of fish. Before the advent of the
Europeans the Mexicans, though without a written language,
had made much progress in agriculture and manufactures, and
had a well organized government, exercising executive, legis-
lative, and judicial functions. In Peru the unique socialistic
despotism of the Incas proved its wonderful efficiency by the
gteat public works and accumulation of supplies in the public
warehouses which were found by the Spaniards. Whichever
may be regarded as the cause of the other, industry, thrift and
increase of population on one hand, and governmental organi-
zation on the other, attend each other. In the numbers of its
people China leads all the nations. Industry and thrift from
time immemorial have been characteristics of its people. From
very early times it has had a very complicated governmental
system with a multitude of officials. There, in India, and most
of the rest of Asia, as well as in eastern Europe, the village
system with its tribal characteristics still persists outside the
great cities. In western Europe, over which Roman dominion
and culture extended, there are few survivals of tribal rela-
tions, the exceptions being in the mountainous districts and
among Germanic tribes.

On the American continent there have been no tribal devel-
opments in the settlements made by Europeans. The influx of
people has been so rapid and in such numbers that political or-
ganization has started as a conscious combination of represen-
tatives of many families for governmental purposes. Most of
the savage tribes were pure democracies, in which public mat-
ters were determined by the general assembly of the tribe.
INTRODUCTORY 7

This democratic spirit pervaded the European settlements in
America and public concerns were discussed and determined in
the town and county gatherings. The more general concerns
were considered and dealt with by assemblies of representa-
tives, modelled somewhat on the plan of the British Parlia-
ment, but without its hereditary nobility. The United States
may fairly be called a pioneer in conscious government build-
ing, but, nevertheless, with an imported foundation of concep-
tions of law brought from England.

In tracing the transmission of ideas concerning social rela-
tions we find that the Hebrews brought much with them out
of their ancestral home in Chaldea and borrowed some from
the land of their captivity, Egypt. The lively Greeks brought
with them the customs and traditions of their Asiatic ances-
tors, and their statesmen and philosophers studied the politi-
cal institutions of Babylon, Egypt, Crete, Asia Minor, the
Phoenicians and their great colonies, and of all the people
dwelling about the Mediterranean Sea. The Romans, though
more advanced in their governmental work, were students of
the Greek philosophers and profited greatly from their teach-
ings. All Europe and America have the benefit of the light
that has come to them from Palestine, Greece and Rome, and
at the same time of the wider view which includes the civiliza-
tions of India, China and Japan, and the yet more important
lessons drawn from the experience of a whole world now open
to the view of all, and supplied with facilities for instantaneous
communications between the most remote nations.

While the prevailing conception of a state both in ancient
and modern times has relation to a fixed territory, there are
instances of migratory nations, the first accounts of which are
of organized masses of people, either allured by some more
attractive country or driven from their own by some superior
force. Such-were the Aryan conquerors of India, who moved
down from the northwest and spread over the great peninsula.
Such have been the hordes pouring into Europe across the
grass lands of southern Russia.

The Romans had more practical wisdom in political affairs
than the Greek philosophers, whose central purpose was to
8 INTERNATIONAL RELATIONS

build states with enduring governments, each thoroughly
equipped for defense in war. Beginning with the conquest of
the neighboring Latin people, the Romans treated them as al-
lies rather than subjects, with equality of right in the acquisi-
tion of land and chattels and in trade. This relation, estab-
lished during the early monarchy, continued under the repub-
lic. As other conquests were made Latin rights were accorded
to some of the conquered districts but not to all, As Roman
power was extended four classes of communities came into ex-
istence within the Republic:

1. Roman, with full Roman citizenship, which however
could only be exercised in political affairs by the citizen in
person at Rome.

2. Latin rights, with municipal freedom and local govern-
ment corresponding in form to that of Rome, but in all mat-
ters of foreign policy, of peace and war, under the guidance of
Rome, and prohibited from all other alliances within or with-
out the Republic.

3. Communities whose members were citizens sine suffragio,
included in the census, but neither entitled to vote or hold of-
fice.

4. Non-Latin communities with varying rights depending
on treaties or Roman decrees.

By conquest and by diplomacy the sovereignty of Rome was
extended over southern and western Europe, northern Africa,
Asia Minor, Syria, Armenia and all the islands of the Medi-
terranean and other interior Seas. A single sovereignty was
thus extended over all the great western nations and all the
little city states among which destructive wars had raged from
the most remote time. No nation approximated Rome in
strength. For all this vast territory Rome furnished law and
forbade conflicts between its dependencies. Far away Persia
and the barbarians of northern and eastern Europe waged war
at times, but there was little room for the play of international
law between the Roman Empire and its relatively weak neigh-
bors. The jus gentium, law of nations, of the Romans was
law governing internal, not external, relations. Its principles
were gathered from the nations taken into the Empire and out
INTRODUCTORY 9

of these the jurists sought to extract jus naturale. China and
India, though large and populous, were so remote and little
known as to call for no regulation of intercourse or relations.
During the continuance of the Roman Empire in substantial
integrity Europe presented no field for the growth of inter-
national law. The rise of Mohammedan power based on re-
ligious zeal was contemporaneous with the later period of the
decay of the Roman, and religious intolerance on both sides
rendered any profitable discussion of international relations
impracticable. Roman civilization became obscured, and over
most of the Empire utterly obliterated, as the waves of barbar-
ians from the German forests and over the steppes of Russia
swept over it. Charlemagne built a great empire by his mili-
tary genius, but it was dependent on his personality and crum-
bled in the hands of his weak successors. Jenghis Kahn and
his successors devastated Asia and Europe with their savage
hordes and built a great but short-lived military despotism.
They had little use for law within or without their dominions,
or for treaties with other nations.
CHAPTER I

SOVEREIGN STATES

EarLy CONCEPTIONS OF SOVEREIGNTY AND INTERNATIONAL
RELATIONS

The stages of the growth of conceptions of sovereignty
must be traced more by comparison of contemporaries than by
historical records of the progress of particular tribes and
states, for history is altogether too incomplete to show the
chain of events from the days of primitive savages to the or-
ganization of their descendants into highly civilized states.
The starting point of the investigation is not, as many writers
make it, the distinct, well ordered family, but the promiscuous
herd, utterly devoid of law and order. Out of this chaos have
slowly emerged family and tribal organizations. Leadership
in war has usually given influence in council, but such sover-
eignty as exists in a primitive tribe is in the general assembly
of all its members. In exceedingly diverse ways temporary
leaders of tribes have acquired continuing power, and with in-
crease in numbers and wealth rudimentary governmental func-
tions have come into being. War, disease and famine have
taken their tolls of human life with consequent partial or total
destruction of the tribe. Only the more prudent, hardy or
fortunate ones have survived to continue their development.
With increase of numbers the home instinct asserts itself and
families become more clearly defined and segregated. These
usually have been in part polygamous and in part monogamous,
the stronger or more crafty males enslaving more or less of
the females. Polyandry, though much more rare, has become
an established system in some tribes. Reliable records contain-
ing the early history of the nations known to us are very
meager and in the nature of things commence after the inven-
tion of letters, which in itself is evidence of very considerable
progress in civilization.
SOVEREIGN STATES II

The earliest comprehensive discussion of the various forms,
purposes and principles of government that has come down to
us is that of the Greek philosophers after the Persian invasion
and prior to the time of Alexander of Macedon. Socrates,
Plato, Aristotle and numerous others discussed these matters
with a wealth of research and clearness and force of reasoning
that commands the admiration of modern readers. The basis
on which their reasoning was built was the Greek world with
its many small cities, the Phoenician and other cities of the
Mediterranean shores, Egypt, Crete, Palestine, Asia Minor,
Mesopotamia, Persia, the barbarians of the surrounding coun-
tries and faint gleams of light from distant India. The period
was one of brilliant achievement and great intellectual activity.

Aristotle starts his discussion of the founding of a state
with his views concerning the proper organization of a family,
which he makes consist of a master, his wife, children and
slaves. He accepts slavery as a natural and necessary institu-
tion and mastery of the husband over his wife and children.
The state he contemplates is made up of families living in a
city or well defined district of small size. Viewed from our
standpoint and surroundings his state appears as merely the
next step in advance of tribal organization, yet his definitions
of monarchies, tyrannies, oligarchies, aristocracies, and dem-
ocracies and of the various kinds of each, the principles on
which they act, their good and bad tendencies and the laws
which should govern them, are most enlightening to the stu-
dent of the subject now. Unity of purpose and accountability
was the central idea of the Greeks in the structure of their
states. The welfare of the state as a political entity was
deemed of more importance than that of the citizens as indi-
viduals. Lacadaemonia affords an extreme illustration of these
views, with efficiency in war as the prime object in the organi-
zation of the state. To promote unity of sentiment home life
was destroyed and common tables provided. Rigid discipline
for the young and a hard life for the mature were enforced.
In battle the soldier must fight to the death and the survivor of
a lost battle was forever disgraced. At Athens democratic
principles obtained, and far more scope was allowed for in-
12 INTERNATIONAL RELATIONS

dividuality and the private welfare of the citizens. Under the
leadership of Aristides the Athenians succeeded in forming a
confederacy for the protection of the Greek cities against the
Persians about 477 B.C. The general policy of the confeder-
acy was determined by a synod of representatives of the cities
which met at Delos in the temple of Apollo. Yearly contri-
butions were made by the members, first of ships and men and
later of money. In time Athens assumed control of these con-
tributions and enforced their payment, thus rendering the
other cities its tributaries. In the course of time the synod of
representatives ceased to exercise authority and all matters of
interest to the confederacy were determined at Athens. Dis-
content among her democratic allies caused by the arbitrary
authority exercised by Athens over them and the jealousy of
Sparta and her oligarchical confederates culminated in the
Peloponnesian war and the downfall of Athens. Two Greek
confederacies had been formed and were the parties to this
war, which proved mutually destructive to both and was fol-
lowed by the Macedonian conquest.

Larger states organized on very different principles were
well known to the Greeks. Babylon was visited by Hercdotus,
and from him we learn something of its laws and the manners
and customs of its people. It was far greater than any Greek
city, and its king in the height of its power ruled over a vast
territory extending from Egypt into Persia. The king ruled
under a claim of divine right. He established laws for the
government of his subjects but was himself above all laws.
The Code of Hammurabi is the oldest code of written laws
known to us, but was doubtless preceded by others. Substan-
tially the same theory of sovereign power prevailed in the
kingdoms of Assyria, Media, Persia, Egypt and India. The
sovereign made laws but did not submit to them. Distant
conquests were mainly for the purpose of extorting tribute,
which was sometimes paid by the cities and districts through
their own officers, and in other cases collected by satraps wield-
ing the despotic powers of the sovereign for their own advan-
tage as well as to get the tribute for the king. The funda-
mental idea of sovereignty in most of the Asiatic kingdoms
SOVEREIGN STATES 13

was paternal absolute power vested in a king, while that of the
Greek cities was a state composed of its citizens and ruled by
such and so many of them as were vested with power at the
time. The fact that tyrants usurped arbitrary power at times
did not change the prevailing conception of the unity and sov-
ereignty of the city itself.

The Chinese, then unknown to the Greeks, adopted the pa-
ternal theory of government, but Confucius conceded the right
of the emperor to rule only so long as he himself obeyed the
laws. The powers actually wielded by the Chinese rulers were,
however, not much less arbitrary than those exercised by the
_ kings of western Asia, but the very great numbers of their
‘peop precluded direct personal rulership as to most of them
and rendered government by law a necessity. The isolation
of China and the multiplication of its homogeneous people ren-
dered its position unique, yet it is interesting to note the simi-
larity of the experiments in government that have been tried
there to those of the nations of the west. It is also noteworthy
that in the 4th, 5th and 6th centuries B.C. there was profound
consideration of the principles of government by Chinese as
well as by Greek philosophers. Lao-Tsze and Confucius were
contemporaries of Socrates and of Pericles who led in the most
brilliant period of Athenian history. Plato, Aristotle and a
multitude of other brilliant men followed. China still looks
to Confucius as its greatest teacher and lawgiver, and the
western world with all its changes and progress still admires
the wisdom of the Greek philosophers. The date of the com-
pilation of the great Hindoo Code of Manu, which has so pro-
foundly influenced the social life of India, is uncertain, but it
was probably somewhat, and may have been very much earlier.

With Greek soldiers Alexander of Macedon extended his
power over Egypt, Asia Minor, Persia and Mesopotamia, and
on into India, but his mastery was not perpetuated by his suc-
cessors in accordance with Greek, but of Asiatic principles of
government. His relations with all the nations with which he
came in contact were merely that of a warrior who knew no
law but that of might. His career affords abundant proof
of the truth of many of the sayings of his great teacher, Aris-
14 INTERNATIONAL RELATIONS

totle, but not of his success in inculcating sound moral prin-
ciples in his pupil. Aristotle said “Nothing is so savage as
injustice in arms,’ and “He who bids the law to be supreme
makes God supreme, but he who intrusts man with supreme
power, gives it to a wild beast, for such his appetite sometimes
makes him; passion, too, influences those who are in power,
even the very best of men; for which reason the law is intellect
free from appetite.’”

Though neighboring tribes of savages have at times had un-
derstandings with each other with reference to the use of hunt-
ing grounds, the occupancy of land and other matters of con-
cern to both, the instability of their organizations and the
vicissitudes of savage life have rendered the establishment of
general rules governing the relations of tribe to tribe impos-
sible. Want of the use of letters precludes all written codes,
treaties and conventions. Tribal warfare has generally been
waged to drive out or exterminate the enemy, with no restric-
tions designed to mitigate its barbarities. Peaceful relations
have often been maintained for considerable periods in ac-
cordance with tribal agreements, but war between tribes has
known no restrictions of its methods. In America and Africa
in recent times utter extermination of one tribe by another has
sometimes occurred.

The earliest known limitations on the savageries of war
have resulted from religious teachings among related people of
considerable culture. The Amphyctionic League of Greek
cities did not prohibit its members from warring with each
other, but forbade them to cut off the water supply of a be-
sieged city or to raze it when taken. No such restriction saved
Troy from the earlier Greeks, nor Carthage from the later
Romans. The ancient cities of Mesopotamia and many of
those of Asia Minor were destroyed by merciless conquerors
in periods of war, and the civilization which had developed
in Babylon, Nineveh and succeeding cities was blotted out.
Joshua utterly destroyed Jericho and all its inhabitants except

1 Politics B. 1, Ch. 2.
2? Politics B. 3, Ch. XVI.
SOVEREIGN STATES 15

Rahab and her household who had concealed his spies.* In the
wars of the Israelites no restrictions were placed on the slaugh-
ter of enemies unless for special reasons.

The Aryan invaders of India, at an early date that cannot
be definitely fixed, placed important restrictions on the savag-
ery of war. The laws of war in the Code of Manu provide—

go. “Let no man engaged in combat smite his foe with sharp weapons
concealed in wood, nor with arrows mischievously barbed, nor with
poisoned arrows, nor with darts blazing with fire;

gt. “Nor let him in a car or on horseback strike his enemy alighted on
the ground; nor an effeminate man; nor one who sues for life with closed
palms; nor one whose hair is loose and obstructs his sight; nor one who
sits down fatigued; nor one who says ‘I am thy captive’;

92. “Nor one who sleeps; nor one who has lost his coat of mail; nor
one who is naked; nor one who is disarmed; nor one who is a spectator,
but not a combatant; nor one who is fighting with another man.

93. “Calling to mind the duty of honorable men, let him never slay one
who has broken his weapon; nor one who is afflicted with private sorrow;
nor one who has been grievously wounded; nor one who is terrified; nor
one who turns his back.”

201. “Having conquered a country let him respect the deities adored
in it and their virtuous priests; let him also distribute largesses to the
people, and cause a full exemption from terror to be loudly proclaimed.

202. “When he has perfectly ascertained the conduct and intentions of
all the vanquished, let him fix in that country a prince of the royal race
and give him precise instructions.

203. “Let him establish the laws of the conquered nation as declared in

‘their books; and let him gratify the new prince with gems and other
precious gifts.”

Some of the foregoing rules and restrictions will be recog-
nized as corresponding with the Geneva and Hague Conven-
tions so recently adopted and more recently so grossly violated.
The provisions of these conventions are to be found in suc-
ceeding parts of this work. No such humane principles ap-
pear to have ever obtained in western Asia, and the present
state of desolation in districts once highly cultured is due in
main to the savagery of war. The religious principles of the

8 Joshua Ch. 5.

4.Code of Manu, Translation by Sir William Jones, § go-91-92-93-201-202-
203. ‘Ch. 7. Evolution of Governments and Laws, pp. 1033-1036.
16 INTERNATIONAL RELATIONS

Greeks preserved most of their cities from annihilation but did
not save them from the miseries of war. Though from the
earliest times of which we have historical accounts there were
numerous powerful nations in western Asia and on the shores
of the Mediterranean and Black Seas, which were accustomed
to the use of letters, to trading with one another, and each of
which had established governments and national personality,
no attempt seems to have ever been made to develop anything
approximating international law among them. Wars were not
always waged with a purpose to exterminate the enemy but
often to extort tribute or capture slaves. The Romans early
adopted a wise and humane policy of binding their conquered
foes to Rome by liberal treatment and mutually profitable deal-
ings. This policy quite as much as Roman legions was the
cause of the growth and solidity of the Republic. The Empire
followed, uniting all the civilized parts of the known world
east of Persia under one government. During its existence
there was little room for international law, for one nation pre-
scribed law for all the people.

Mopern CoNCEPTION OF THE NATION

That the land area of the world, except parts of Africa and
small parts of Asia, is divided among nations with fixed terri-
torial boundaries, each under a government responsible for its
own acts and also for the conduct of its citizens and subjects,
is now the accepted doctrine on which all international law is
based. This preserves in all essential particulars the Greek
conception of distinct individuality in the state with unity of
political purpose and accountability, but without restriction as
to extent or contiguity of territory. In the requirement of
definiteness of territorial boundaries it perpetuates the theory
of dominion established in feudal times, which based all gov-
ernmental power on land tenure, the king being the ultimate
owner of all, and those having local authority his tenants and
subtenants. It also accords with the feudal system in allowing
a nation to have remote and disconnected possessions. What-
ever its form of government or the extent of its territory the
corporate accountability of the state through its government is
SOVEREIGN STATES 17

as full as under either the Greek, the paternal, or the feudal
theory of rulership. Within its dominions its authority is ex-
clusive, except as special governmental functions may be
granted or delegated by treaty to other nations. National en-
tity is recognized by the community of nations in San Marino,
with its twenty-three square miles of territory and 8200 peo-
ple, as well as in Great Britain with colonies and dependencies
on every continent. San Marino answers the description of
the Greek city state, while the British Empire includes all races
of people, in every stage of civilization, and living under the
most diverse climatic and economic conditions. Between these,
in varying extent and composition, are other firmly organized
nations, which separately or in combination assume rulership
of the whole world. Much of Africa and parts of Asia are not
yet subjected to orderly government, but the European States
have apportioned these parts among themselves, denominating
large parts of Africa as spheres of influence, for the govern-
ment of which they do not assume full responsibility.

Though its nations dominate so much of the lands of other
continents and of the remote islands, Europe’s interna! divi-
sions and boundaries are still in a state of change and transi-
tion. Most great modern wars have been waged by European
nations against each other, to gratify the ambitions of rulers
and commercial and industrial leaders for extended mastery.
The great war just ended is no exception. It was instituted
without any necessity or justification, to further the ambitions
of military rulers and the classes of their subjects which ex-
pected to derive especial advantage from aggressive warfare.
The result has been the reverse of that anticipated by its auth-
ors. This result has been achieved by a world-wide combina-
tion of forces. This combination was possible mainly hecause
the sense of humanity was shocked by the ruthless slaughter of
people who had done nothing to warrant attacks on them, and
by the disregard of the rules adopted at the Hague Conference
to mitigate the horrors and barbarities of war. A league in-
cluding nearly all the great nations of the world was formed
to overthrow the Central Powers. The result has been more
far-reaching than was anticipated. The Russian despotism,
18 INTERNATIONAL RELATIONS

which was fighting in alliance with the popular governments
of western Europe, was the first to fall, and the vast empire
which included so large a part of Europe and Asia is now in
such a condition of disorganization, turmoil, and suffering, as
usually attends the overthrow of a long established despotism.
How many separate states will be formed from its fragments
cannot yet be foretold, but it now seems probable that it will
be divided into states more nearly corresponding in size to the
other nations of Europe. The Empire of the.Turks, which
has been waning for a century, is now about to be broken up,
and the Armenians and other subject people who have endured
its tyrannies and persecutions will be liberated and placed un-
der the protection of the League of Nations. The dual mon-
archy of Austria-Hungary, which for centuries has blocked
the progress of free institutions in central Europe, is disrupted,
and the people it has ruled so long are organizing new govern-
ments according with racial lines. Germany, most powerful
and efficiently organized for war of all the nations of the
world, with a population mainly homogeneous, is now in a
state bordering on anarchy. Famine threatens its people, and
to the losses occasioned by war are added the burdens of in-
debtedness and of payment of compensation for the destruc-
tion wrought in the territories occupied by them and reached
by their guns and air crafts. Out of the wrecks of these em-
pires the ancient Polish state, which had been partitioned
among these despotisms in 1795 and prior thereto, is again
taking form and asking for its place among the nations. The
Czechs and Slovaks are forming a new state and the Jugo-
Slavs are seeking a reconstruction along racial lines. Many
conflicting claims and projects are presented which impera-
tively demand concert of action by the nations that have not
been broken up by the war to aid in the restoration of order in
the territory formerly ruled by these disrupted governments.
The peace conference has to deal with conditions of disorgani-
zation where at the beginning of the war were strongly central-
ized governments. The principles on which the conference is
proceeding render it impossible to settle the status of all the
disorganized territories. Questions with reference to the au-
SOVEREIGN STATES 19

tonomy of the different parts of each of the disrupted empires
may, and probably will, require a long process of settlement
involving the submission to the people of many localities of
questions as to their political affiliations and territorial combi-
nations. For a time it may require a large police force to pre-
serve the peace until fair and just settlements of the contro-
versies can be arrived at. The situation is far different from
that presented to the Congress of Vienna in 1814 and 1815,
when the map of Europe was redrawn in accordance with the
views of triumphant monarchs. There were then no trouble-
some questions as to the rights and preferences of the people
of the various districts. The interests of rulers and the bal-
ance of power were the only considerations having weight.
The principle of despotic government had been sustained
through the wars, and the so-called Holy Alliance was formed
to perpetuate it. The problem now is one of reorganization in
accordance with higher ideals. The rulers of Europe are no
longer either the dominant force in the conference or their
claims a subject of consideration. The great problem is to
organize Europe in the manner best calculated to preserve
harmony and good relations between the states and peace and
prosperity among the people. The League of Nations appears
to be an indispensable agency to complete the work of making
a real treaty of peace. The people of the separate districts
which have no clearly defined relation to any established gov-
ernment require the protection of a supervising organization
until such time as their status can be settled in accordance with
their wishes, or at least the wishes of a majority of them.
Settlement of all the questions of boundary in the manner of
the Congress of Vienna would doubtless result in strife and
turmoil for an indefinite period. Adjustments must accord
with the wishes of the people concerned in order to promote
permanent good relations. There is also need of greatly in-
creased freedom of commercial intercourse between the small
states of continental Europe, and of organizations calculated
to stimulate friendly relations among the people of all of them.

The number of nations now mutually recognizing the sover-
eign rights of each other is a few more than of the states which
20 INTERNATIONAL RELATIONS

make up the American Union. Of these nations all on the.
Western Hemisphere are republics. In Europe the downfall
of the Roman Empire was followed by a relapse into more
primitive organizations, followed by the feudal system and
local despotisms based on military support of the ruler in re-
turn for protection in the possession of land. This statement
of the general situation does not apply to every part, for there
were parts of Europe where the feudal system never obtained.
With the exception of these parts all Europe fell under the
domination of kings who claimed to rule by right divine and
without accountability to any earthly authority. The Roman
Church added the weight of its teachings and influence to the
pretensions of most of these rulers, and caused the overthrow
of many who denied its authority.

Beginning with the French Revolution there has been a drift
toward popular government, either in the form of a republic
or a constitutional monarchy, with the real power in a repre-
sentative body executing its will through a responsible minis-
try accountable to it. This drift has been greatly accelerated
by the recent war, which has resulted in the overthrow of the
imperial governments of Russia, Germany and Austria, and
the abdication of minor kings and potentates. In Asia the
great paternal despotism of China has been converted into a
republic; Japan, the most exclusive of monarchies, has become
a constitutional monarchy, a very great commercial and in-
dustrial nation, and the most progressive of all the nations,
while the typical oriental despotism of Persia, which persisted
through so many centuries, has become a constitutional mon-
archy. All the vast multitudes of India, with their diverse re-
ligions, customs and degrees of culture, are ruled by Great
Britain. The great African continent is wanting in any strong
native government. Egypt, though one of the pioneers in
civilization so far as history advises us, is now under the
guardianship of Great Britain. Ethiopia is still in about the
same stage of development as in the days of Soloman. Mo-
rocco is under the joint guardianship of European powers,
though its sovereignty is still recognized in form. Little Li-
beria, a republic on the western coast of Africa, maintains a
SOVEREIGN STATES al

national existence, and is perhaps as nearly an independent
power as any state on the continent. The general situation is
that a larger share of the habitable globe is included in the
territory of firmly organized governments than of the present
continental possessions of the United States was included in
the thirteen colonies at the time of the Revolution. Thirty-five
new states, averaging much larger territorially than the origi-
nal thirteen, have been admitted into the Union from territory
then peopled by the scattered Indian tribes. New independent
nations will doubtless soon emerge from the wild regions of
Asia and Africa and claim admission into the society of na-
tions. Though there is much diversity in forms and theories
of government and law, the drift toward a uniform type is
very marked and very rapid.

Every nation has its mouthpiece through which it speaks to
other nations and its ear through which it hears from them.
The capitals of all the great nations are connected with each
other by telegraph so that communications may be passed be-
tween them instantaneously. When the American Union was
formed it took weeks to send a message and get an answer
from Boston to Savannah either by the slow uncertain sailing
vessels or by the yet slower land conveyances, Intercommuni-
cation between the most remote capitals is now far more ex-
peditious, reliable and satisfactory than between the capitals
of the colonies in 1776.

Thus far the world has struggled on developing govern-
ments over the people of portions of the earth varying in ex-
tent, each claiming ultimate and absolute sovereignty within
its own dominions and waging war at will against its neighbors
on any pretext and for any purpose that it chose. No superior
authority has existed with power to settle disputes, prevent
aggression or redress wrongs committed by one nation or its
people on another or its people.

Within each nation there is a governmental organization
clothed with power to preserve order, restrain aggression, pun-
ish wrongdoers, and promote the general welfare. While there
is very great diversity in the degrees of efficiency of these
governments, in theories of political power, and in the details
22 INTERNATIONAL RELATIONS

of the governmental structure, all undertake to protect their
citizens in their persons and property against violence and
wrong from others. All forbid private warfare and punish
those who wage it. In the exercise of its legislative function
the government enacts laws, levies taxes, directs the expendi-
ture of the public moneys and makes provision for the execu-
tion of its will. Its judiciary interprets the laws and applies
them to cases as they arise. The executive carries the gov-
ernmental will into effect, employing such organized force as
may be necessary to overcome any resistance that may be of-
fered. In despotic countries the executive acts without re-
straint and may not be called to account for his misdeeds. In
free states all executive officers are accountable for their vio-
lations of the laws, whether committed with or without claim
of authority. In autocratic countries subordinate officers are
accountable solely to the autocrat. In democratic countries all
officers, high and low, are accountable to the people or to such
tribunals as they have established for their violations of the
law.

While these differences in theory and practice are of the ut-
most importance in the regulation of internal affairs, the claim
of entire freedom from all outside restraint has been main-
tained by all nations alike. Within each nation a citizen or
denizen must not wage private warfare, but may apply to a
court or other appropriate governmental agency for protection
of his person or the enforcement of his rights, but nations
have had no such alternative for the settlement of their contro-
versies. The determining factor in every controversy be-
tween nations has therefore been might, not right. The in-
herent moral strength of manifest right may, and in the great
war which has just ended has, attracted strength to aid weak
nations, but superior might was the final arbiter. Its brutal
strength may oppress and destroy as well as protect.

The unprecedented struggle which has just ended has made
the world painfully conscious of the need of some efficient or-
ganization to prevent the horrors, brutalities and injustices of
war, to force nations as well as private persons to submit to
the rule of law and to win or lose their controversies according
SOVEREIGN STATES 23

as they are right or wrong, rather than because they are strong
or weak. Not all wars, in fact but few wars, result from the
denial of a clear moral right. Conflicts between nations arise
from a multiplicity of causes, many of which cannot be classed
as moral or legal issues. Of these by far the greater part
would appear altogether inadequate if not quite insignificant
to a disinterested tribunal.

WantT OF BINDING Law AND SUPERVISING ForRcE OVER THE
NarTIoNns

While international law is not a myth but has real existence
and is enforced in the domestic tribunals of each of the leading
nations in controversies between the parties before them, if
nations disagree no tribunal exists to which either may apply
for the determination and enforcement of its rights. If na-
tions disagree as to the true meaning and intent of the treaties
they have made, no court has authority to settle their differ-
ences. The judgments of arbitrators to which they may sub-
mit their cofitroversies are wholly dependent on the good faith
of the parties to comply with them.

No nation has power to legislate for the high seas except
for its own people. The navigable waters covering about
three-fourths of the surface of the earth are common prop-
erty of all nations in the government of which all have rights
and interests, yet no power exists that is authorized to make
laws governing their common use.

The nations may and do make treaties and conventions but
these bind only such as consent and voluntarily submit to them
and only so long as they see fit to keep faith.

Among the advantages which may reasonably be expected to
accrue from civil government of the world and the enactment
and enforcement of binding international law may be men-
tioned :

The preservation of peace.

Relief during peace from the burdens of preparations for
war.

More efficient laws for the seas.

Laws regulating the international use of electrical force.
24 INTERNATIONAL RELATIONS

Laws governing the navigation of the air.

Higher conceptions of justice.

Greatly increased commercial and industrial activity.

Cooperation of nations in vast undertakings for the com-
mon good.

Freedom of travel and association.

Increasing respect and good will resulting from better ac-
quaintance.

Humane assistance to unorganized and undeveloped peoples.

Utilization of the waste places of the world.

General advancement in moral standards and conceptions.

All these advantages, so far as they relate to interior con-
ditions, have accrued to the people of the United States as the
result of their union under one efficient government for gen-
eral concerns, leaving local affairs to the states. While it may
be too much to expect these results in equal measure from any
possible league or union of the nations, it seems at least a
well grounded hope that a league, union or confederation of
all nations whose governments are based on the theory of ac-
countability of all officials to the people or their representa-
tives, would produce results corresponding in main with those
enjoyed by the people of the United States and resulting from
their union of states. At the time the American Union was
formed the colonies were thirteen separate sovereignties. By
the adoption of the Constitution they ceded such attributes of
sovereignty as were essential to their common safety to the
general government and retained all others. Among the at-
tributes so ceded was that of sovereign power to make war.
No combination of the nations can be effectual for the needs
of the world unless they, like the American States, cede to the
general union of nations their sovereign right to make war
and to do those things for the general good which the nations
cannot do separately. It is equally important that they reserve
to themselves the sole right to regulate their internal concerns.
It would appear better to confer too little than too much power
on the union or league but it must have enough to prevent
war and all preparation for war. Europe is the part of the
earth which has been most afflicted by destructive wars in re-
SOVEREIGN STATES 25

cent times. People from all parts of it in great numbers have
migrated to America and become citizens of this country.
Most of them have been very readily assimilated in the body
politic, and no serious disorders have resulted from the mix-
ture of all nationalities. In the generation born in this coun-
try and educated in the public schools all children of parents
coming from northern Europe appear as Americans, usually
with little or nothing to indicate the nationality of their par-
ents. The Latin races are assimilated more slowly, but with-
out serious difficulty. Africans and Asiatics are also here, the
former in great numbers, yet notwithstanding their differ-
ences from the European stock, their relations to the whites
become quite readily adjusted and all live together in peace.
Freedom of movement and of industrial and economic adjust-
ment and a general disposition to treat every one according to
his personal capacity and worth, and to apply the law impar-
tially to all are the most potent influences which combine in
‘producing the happy situation. The fundamental difficulty in
preserving the good relations of the people of Europe to each
other arises from their segregation into small nations, speak-
ing different languages, and under governments in the hands
of ambitious rulers who seek personal and national aggrandize-
ment at the expense of neighboring people. Political barriers
there prevent the freedom of personal and commercial move-
ments that binds the different states of the American Union
together so closely. Permanent peace is dependent on general
confidence of the nations and of individuals in their ability to
obtain substantial justice by peaceable methods. No condi-
tion of society has ever existed, and perhaps none ever will
exist, under which all people are entirely satisfied of the jus-
tice of the laws and of the distribution of the burdens and re-
wards of public and private enterprises and activities. But if
all can come to have confidence in the agencies through which
the people collectively may themselves right their wrongs, they
may patiently bear what they regard as injustices until there is
a chance to correct them. If the supervising force is one
created by the people themselves for the purpose of enforcing
justice among them, and one which they may change when they
26 INTERNATIONAL RELATIONS

find it necessary to do so, in an orderly and peaceable manner
prescribed by law, there is no need of war or mob violence.
There is no theoretical difficulty in framing a constitution for
all the nations of the world under which all ultimate power
will be retained by the people. The practical difficulty, how-
ever, of creating agencies adequate to preserve the peace and
promote the general welfare, yet with powers so limited and
counterbalanced that they cannot become instrumentalities of
oppression, is quite obvious. The farther public agencies are
removed from the people whom they are designed to serve,
the more the need of strict limitation of their powers, and of
publicity in all their official acts. The needed publicity would
hardly have been possible a hundred years ago. It is entirely
practicable now. The telegraph and the printing press, work-
ing together, place before the reading public at night all mat-
ters of great interest that have occurred during the day. When
there is an overwhelming public sentiment on any question it
finds immediate expression in all the leading countries through
the press and public meetings.

The need of clearly expressed laws, binding on all the na-
tions, becomes more and more apparent as commercial and so-
cial intercourse increases. The people of the manufacturing
and commercial states of Europe are dependent on the agri-
cultural countries for both their food and raw material for
their industries. In the great war which has just ended abil-
ity to obtain supplies from America was regarded as the de-
termining factor in the contest. The present economic adjust-
ments cannot continue without general conditions of peace.
Warfare renders it necessary for each country to be either
self-supporting or allied with an accessible neighbor from
whom the deficiencies of home products can be supplied. The
United States is perhaps best able to supply all the wants of
its people from its own products of all the countries in the
world, yet the scale of living demanded by all classes from
common laborers to multi-millionaires calls for coffee, tea,
spices, drugs, sugar, rubber, silk, tropical fruit and manufac-
tured articles of many kinds and minor articles too numerous
to mention. To live as we are accustomed to live and as we
SOVEREIGN STATES 27

wish to continue to live we must have access to many distant
markets. To enable us to buy all these things we must have
markets for our surplus products. This market we find in
Europe. The manufacturing nations there must have our cot-
ton, grain and meat products as their business is now adjusted.
The value of the merchandise passing to and from the several
grand divisions of the world in normal times and without in-
flated valuations is fairly indicated by the trade statistics of
the United States for the year 1911 which are summarized as
follows:

Imports from Exports to
Europe $768,167,760. $1,308,275,778.
- South America 182,623,750. 108,894,804.
Asia 213,440,730. 85,422,428,
Oceania 30,274,452. 66,060,813.
Africa 27,213,620. 23,607,107.
North America 305,496,793. 457,050,179.

From this showing it appears that in ordinary times a little
more® than fifty per cent. of all the imports of the United
States come from Europe, on which we are not necessarily de-
pendent for any product of the earth. We are, however, strict-
ly dependent on Europe for a market for our surplus products,
of which it bought nearly sixty-four per cent. Trade with
South America, which bears much the same relation to Europe
that we do, is of relatively small importance. We get much
of our coffee from Brazil, and rubber, cinchona and many
other products from other parts of the continent. Exports to
South America are mostly of manufactured articles. It would
be exceedingly unpleasant to be deprived of our trade with the
' people of that continent, but the main lines of both travel and
commerce are east and west instead of north and south. Trade
with our immediate neighbors in North America exceeds in
volume that with any other continent except Europe.
Considering ties of blood between our citizens and those of
Europe and commercial relations it is apparent that we are
more deeply and directly interested in the maintenance of
peace there than anywhere else in the world. All the states on
the American continents have the same theory of government.

6 Statistical Abstract, 1911, pp. 722, 723.
28 INTERNATIONAL RELATIONS

They have each had hard struggles to establish their institu-
tions on a firm and durable basis, but now have little occasion
for turmoil within or conflict without their dominions. The
mother countries, however, are not so happily situated, and it
seems necessary for the now mature children on this side of
the water to take a friendly interest in the affairs of their cous-
ins there. The relationship of the people of Europe and
America is not a mere theoretical or ideal relation, but an
actual, easily traceable blood connection. The general situa-
tion at the close of the war is that the people of all eastern
Europe and Germany and what was Austria-Hungary are now
in the turmoil which has always followed the overthrow of
despotic military governments, while those of the western
part, which had democratic institutions before the war, are
able to maintain internal order. No great military nation now
remains to oppose its will to the organization of the entire
world on a basis of popular government at home and justice
and equality of right among all the states great and small.
Disarmament can go forward in all countries as fast as the
great League of Nations is able to inspire a sense of security
and confidence in the just purposes of those who are entrusted
with the solution of international problems.

The formulation of rules of international law designed for
universal observance is not a matter of great difficulty. There
is no danger that a body representing all the nations would by
even a bare majority vote enact any general law that would be
fundamentally unjust. It might do so if a large number of
the great nations were still ruled by military leaders, but rep-
resentatives of the people cannot truly represent the wishes of
their constituents unless they seek the just and true rule. But
if the world can have a permanent organization with a general
legislative body, made up of representatives holding for short
terms, and having power to correct its own errors, bad laws
would soon disappear and their evil consequences be little felt.
Unwise legislation may always be expected in popular govern-
ments, but evil influences when detected and exposed soon pass
away and their works with them.

The approaches toward international legislation which have
SOVEREIGN STATES 29

been made by the conferences at which the great conventions
hereinafter considered were formulated exhibit a most encour-
aging tendency for representatives of many nations to apply
both sound’ moral principles and practical wisdom in their
work. The quality of this work is not open to criticism. It
fails however of universality of application and lacks instru-
mentalities. for its enforcement, even as between the parties to
it. The Universal Postal Union is now a complete world-wide
organization of all the nations for the transmission of the
mails. Its methods of legislation are adapted to its peculiar
needs. It connects the postal administration of each country
with that of every other country, and international business is
carried on through the cooperation of the postal organizations
of all the countries. The conventions for the regulation of
navigation on the high seas and to prevent the spread of in-
fectious diseases cover fields requiring regulation by positive
laws of universal application. For efficiency they require the
aids of judicial and executive force. They apply to people,
ships, and merchandise of all nations, and the authority of the
courts and officers charged with the enforcement of them needs
to extend over all alike.

COMPOSITION OF THE NATION

As the government of a nation speaks for its people as in-
dividuals, as well as for all of them collectively, in all dealings
with other states, the relations of the state to the people within
its boundaries are of great importance in considering the sub-
ject of international relations. Within each of the great mod-
ern nations there are cities far greater and more populous than
any of the Greek city states ever were, yet these are mere
creatures of the sovereign power of the nation of which they
are a part, possessing such corporate powers as the state has
conferred upon them. In the United States they do not even
derive their powers from the general government, but from
the state in which they are located. While the states are sov-
ereign in all matters over which no power is conferred on the
general government by the Constitution, the power to deal
with foreign nations is expressly conferred on the President
30 INTERNATIONAL RELATIONS

and Congress. Similarly the British Government speaks for
all its colonies and dependencies, though it now generally al-
lows them to take part in making treaties in which their
especial interests are involved. The doctrine of*personality
and single responsibility is applied alike to the little republic
of San Marino, so small that it can hardly be located on the
map, the vast widely scattered dominions of the British Em-
pire, and all the other nations whatever their size or the com-
plexity or simplicity of their institutions.

With the increase of travel, commerce and intercourse
among the people of different nations many questions arise as
to the status of persons while away from their native homes.
International law concedes to each nation the right to classify
its people as it sees fit, and to determine the relation of each
class to the government, but when one who at birth owes alleg-
iance to one country removes to another, questions arise as to
the authority of his native country over him, its duties and
obligations to protect him in his person and property and as to
his rights, duties and obligations in the country to which he
goes.

The general rule is that place of birth determines national-
ity, and that all persons born within the territorial boundaries
of the nation and within the allegiance of its government are
citizens or subjects of it, bound to support and maintain it,
subject to its laws, and entitled to its protection both at home
and abroad.” “All persons born or naturalized in the United
States and subject to the jurisdiction thereof are citizens of the
United States and of the State wherein they reside.”® ‘‘Nat-
ural subjects are born within the dominions of the crown of
England, that is within the legeance or, as it is generally called
the allegiance, of the king; and aliens such as are born out of
it.”® This is the general doctrine in all countries.” Every na-

71 Blackstone 370. "

814th Amendment to Constitution of the United States.

®1 Blackstone 366. _

10,Civil Code of France, Art. 8. Const. Switzerland Arts. 43-44-45.
Const. Japan Ch. 2. Tiaco v. Forbes, 228 U. S. 549, U. S. v. Wong
Kim Ark 169 U. S. 228. Musgrove v. Chun Teeong Toy (1891) A. C. 272,
z SOVEREIGN STATES 31

tion, unless otherwise bound by treaty, has the right to forbid
the entrance of foreigners within its boundaries, or to prescribe
the terms on which they may be admitted, and to deport and
expel foreigners who have not been naturalized.11 Though
this power exists and has at times been used by all the nations,
it is not generally exercised in commercial nations in times of
peace, and the sparsely peopled countries of the Western
Hemisphere have invited the immigration of Europeans.

The converse of this power, that of preventing its citizens
from going abroad, also exists, and a nation may compel its
citizens or subjects to remain within its territorial limits, but
the exercise of this power is not in accord with the principles
of free people. By the common law of England a subject
could not throw off his allegiance to the crown without the
consent of the sovereign,” and the monarchies of central Eu-
rope have strenuously asserted this doctrine until recent times.
The United States does not deny its citizens the right of ex-
patriation, but from an early day has steadily asserted the right
of a man to choose his country and his allegiance. Section
1999 of the Revised Statutes of the United States provides :—

“Whereas the right of expatriation is a natural and inherent right of
all people, indispensable to the enjoyment of the rights of life, liberty,
and the pursuit of happiness; and whereas in the recognition of this
principle this Government has freely received emigrants from all nations,
and invested them with the rights of citizenship; and whereas it is claimed
that such American citizens, with their descendants, are subjects of foreign
states, owing allegiance to the governments thereof; and whereas it is
necessary to the maintenance of the public peace that this claim of for-
eign allegiance ‘should be promptly and finally disavowed: Therefore any
declaration, instruction, opinion, order, or decision of any officer of the
United States which denies, restricts, impairs, or questions the right of
expatriation, is declared inconsistent with the fundamental principles of
the Republic.”

Aliens may become citizens of the country in which they are
domiciled by compliance with its laws relating to naturaliza-
tion in the countries which have such laws in force. Many
treaties have been entered into, especially between the United

11 Fitch v. Weber 6 Hare 51. Macdonald’s Case 18 How. St. Tr. 858.
12 McKenzie v. Hare 239 U. S. 299. Alsberry v. Hawkins 33 Am. D. 546.
32 INTERNATIONAL RELATIONS

States and other countries, giving to the citizens of each coun-
try the right of naturalization in the other. The United States
statute on the subject provides that the alien must declare on
oath, before the clerk of a court authorized to naturalize
aliens, that it is his bona fide intention to become a citizen of
the United States and to renounce forever all allegiance to
any foreign sovereignty, two years at least before his admis-
sion. Not less than two nor more than seven years after mak-
ing such declaration he may file a petition to be admitted to
citizenship. He must then prove to the satisfaction of the
court that he has resided continuously in the United States
five years and in the state where the court is held at least a
year, that he has behaved as a man of good moral character,
attached to the principles of the Constitution, and on admis-
sion must swear to support the Constitution and renounce and
abjure all allegiance to any foreign prince, potentate, state or
sovereignty of which he was before a citizen or subject, and to
support and defend the Constitution and laws of the United
States against all enemies.* Naturalization of parents also
makes citizens of their children who were minors dwelling in
the United States at the time of such naturalization. The
children of citizens of the United States, born out of the
United States are also citizens.**

Citizenship is not lost by mere absence from the United
States, no matter how long continued, but may be transferred
by naturalization in another country.

Citizenship of the husband carries with it citizenship of the
wife in the United States, France and Great Britain,”

Naturalization is provided for under general laws in Great
Britain, France, and many other nations."

Denizens are residents of foreign birth accorded privileges

13 Comp. Stats. of U. S. 1918, Title XXX.

14 Comp. Stats. of U. S. 1918, § 4367.

15 Ruckgaber v. Moore 104 Fed. 947. Kelly v. Owen, 7 Wall. 496 Civil
Code of France, Art. 12.

16 Stat. 7 & 8 Vict. c 66 & 33 & 34 Vict. c 14. Civil Code of France,
Art. 8. Mexico requires a residence of two years only. Wheless Laws
of Mexico, Arts, 825-826.
SOVEREIGN STATES 33

as such but not admitted to full citizenship. In England for-
merly the king might grant an alien the rights of a denizen by
letters patent” and the states of the American Union conferred
such rights before the passage of the Federal Statute on the
subject,** but the whole subject is now covered in both coun-
tries by the statutes regulating naturalization.

Within the territories of the leading nations are to be found
persons not falling within any of the foregoing classes. In the
United States there was formerly a large slave population,
which by the amendments to the Constitution have become
free citizens. ‘The native Indians were not citizens unless
specially admitted as such. For many purposes the tribes,
though living within the boundaries of a state or territory, are
on the footing of independent nations, and the Government of
the United States has made many treaties with them with ref-
erence to their lands, places of abode, and personal privileges.
The Indians until granted citizenship are also treated as wards
of the Government and under its especial care and supervision,
so that no dealings with them by the whites are allowed except
with the consent and in accordance with the regulations of the
Government. The Commissioner of Indian Affairs in the De-
partment of the Interior has the general supervision of their
interests,’® and the legislation with reference to them has been
very voluminous.

All the contiguous territory of the United States is now di-
vided into States admitted into the Union on equal footing,
and the citizens of each state are entitled to all the privileges
and immunities of the others.2? The people of Hawaii and
Alaska are also citizens of the United States, but not admit-
ted into the Union as states.”*
~ Porto Rico and the Philippine Islands stand on a different

177 Bl. Com. 373.

18 Act 1799, 5 Stat. of S. Car. 355. McClenaghan v. McClenaghan 47
Am, D. 532.

19U. S. Comp. Stats. 1918 § 713 and Title XXVIII.

20 Const. of U. S. Sec. 2, Art. IV.

21 U. S. Comp. Stats. § 3530-3647.
34 INTERNATIONAL RELATIONS

basis, the people being citizens of those possessions respective-
ly, but not full United States citizens.”

The British Empire exhibits very great diversity in the re-
lations of its subjects to the Empire. There are

1. The self-governing colonies, subject to a seldom used
veto on their legislation by the British Government, each de-
termining questions of citizenship for itself. Canada, New-
foundland, Australia, New Zealand and South Africa, have
representative governments, accountable to the people.

2. Those having representative governments but subject to
the veto of the home government on their legislation and to
the appointment of officials by the crown, including the Isle
of Man, Channel Islands, Malta, Cyprus, Ceylon, Mauritius,
Bermudas, West Indian Islands, and British Guiana.

3. Crown colonies ruled by the home government. Gibraltar,
India, Aden, Perim, Straits Settlements, Hong Kong, African
possessions other than South Africa, British Honduras, New
Guinea, Fiji Islands, Faulkland Islands, and Egypt, with very
diverse relations to the native rulers and people.

Besides these there are various districts over which Great
Britain assumes a protectorate, without having instituted any
settled government, including Borneo and much of Africa.

Notwithstanding the very wide separation of the parts of
the Empire, the extreme diversity in race of the people, the
wide differences in local conditions, needs, and influences, the
British Government speaks for the people of every part of the
Empire in all dealings with other nations. The attribute of
ultimate sovereignty rests alone in the King and Parliament,
in which the people of the British Isles alone have representa-
tion. The great war has shown the wonderful strength and
coherence of these scattered dominions and of the bonds so
loosely tied.

France also has its home citizenship and its African, Asiatic,
and American dependencies, the people of which are in all
stages of social development, and while accorded the protec-
tion of subjects have not French citizenship.

The Netherlands exercises sovereignty over vast possessions

22U. S. Comp. Stats. § 3754, $ 3800.
SOVEREIGN STATES 35

in the East Indies, including Java with an area and population
many times greater than that of the Netherlands, the Moluc-
cas, and large parts of Sumatra, Borneo and Celebes, besides
smaller islands. It also has Dutch Guiana and Curacoa and
small island possessions in the West Indies. In internutional
dealings it speaks for the people of all these possessions.

Other European states are accorded sovereign rights over
distant possessions by the consensus of the nations.

In Asia, China, Japan, and Persia have extensive dominions,
mainly of contiguous territory and inhabited by homogeneous
people. The South American nations all have compact pos-
sessions with a very large element in their population descend-
ed from aboriginal stock.

The exercise of sovereign powers over such widely scattered
possessions shows how very far the modern sovereign state
differs from that defined by Aristotle. The nation is not con-
fined to contiguous territory, nor is it restricted in its citizen-
ship to one race of people. All races are included in the citi-
zenship of the United States, Africans constituting about one
tenth of the whole. The people of European stock are the
dominant element in substantially all the American republics,
British and northern European in the United States and Can-
ada, and Spanish and Portuguese in Mexico, Central and South
America. It is the European nations that have assumed
guardianship over so many of the islands and so much of the
great continents of Asia and Africa.

While it is a fundamental principle of international law that
the sovereignty of each nation within its territorial limits is
absolute and exclusive, the law affords no guarantee of the
continuance of this sovereignty, and each nation must main-
tain it as best it can against all forces within and without.
Conflicting claims of dominion have been most prolific causes
of war throughout all the history of the race. Any nation, on
any pretext, or for any purpose, might wage war to acquire
dominion over the territory of another in whole or in part.
No matter how slight the justification for it might be, nor
whether any justification was attempted, the status and rights
of belligerents were at once accorded equally to the opposing
36 INTERNATIONAL RELATIONS

nations. The leading purpose of the League of Nations is to
require the settlement of all international controversies by
pacific methods, to protect the weak against the strong, and
require that right rather than might shall prevail in the de-
termination of international questions relating to the exercise
of sovereign powers.

ALIENS AND ABSENTEES

Migrations of people from one country to another with a
view to permanent residence, foreign travel on business or for
pleasure, and temporary sojourns of all kinds in a foreign
country give rise to many questions of both international and
domestic law. An alien is one who does not, either by nativity
or voluntary adoption, owe allegiance to the government
within whose territory he is.** Though in a foreign country,
he is still a citizen or subject of his native government. The
movements of people from Europe to America during the last
century have resulted in building a composite nation in which
are represented not only all European races, but also the Afri-
can and Asiatic. In the year 1910 there were 13,515,886 for-
eign born people in the United States.** Of these the greatest
number 2,501,333, came from Germany; Russia and Finland,
1,732,462, and 1,352,257 from Ireland. While a very large
majority of all of them came from Europe there were 4,664
from India, 67,744 from Japan and 56,756 from China.** Most
of these people came to America with the intention of becom-
ing citizens, and very many of them have been naturalized in
accordance with the laws of the United States and are now ac-
corded all the rights of citizens. Others have declared their
intentions to become citizens and are accorded in some of the
states the right to vote, while the rest are still properly classed
as aliens. No other country contains such an intermixture of
people, but the Central and South American States are also
open to foreign settlement and have a large foreign element
in their population. Native Americans are now to be found

232 Cyc 83. Abbott Law Dic.

24 Statistical Abstract 1917, p. 56.

25 Statistical Abstract 1917, p. 59 to 64.
SOVEREIGN STATES 37

in most, if not quite, every country on earth. All these mi-
gratory people are deeply interested in the questions as to the
duties they owe to the country of their birth and to that of
their domicil, and also in the question as to the protection they
have a right to demand from the governments of both coun-
tries. As we have seen, no country is bound to admit to its
citizenship, or even to temporary domicil within its territories
when under no treaty obligation to do so, the people of foreign
countries. But when it does admit them they become subject
to its laws and entitled to the protection of them. As to the
security of their persons aliens are entitled to the full protec-
tion of the municipal law of the country in which they are
domiciled, and may resort to its courts for redress when their
rights are violated. An alien friend may sue and be sued in
the proper courts of the country to the same extent as a citi-
zen.”* This rule may be safely stated very broadly as to aliens
whether domiciled or non-resident, in the courts of the United
States, and Great Britain, and, though it is still within the
power of a nation to deny aliens the use of its courts, the sub-
stantially universal custom is to give the same consideration
to their demands as is given to those of citizens. Where the
courts of the country refuse redress for injuries, or to enforce
rights, the alien is entitled to the protection of his home gov-
ernment, provided he has done nothing causing him to forfeit
the right to such protection. The right to acquire and hold
personal property of all kinds is now very generally recognized
in all countries.” This liberality has not always obtained in
the countries of Europe. Feudal lords were slow to give up
the practice of plundering foreign merchants under a claim
termed droit d’aubaine, by extraordinary taxation of foreign-
ers and the confiscation of the personal estate left by a de-

28 Eng. Ramkessenseat v. Baker, 1 Atk. 51. Pisani v. Lawson, 6 Bing.
N.C. 90. Hepburn v. Dunlop, 1 Wheat. (U. S.) 179. Taylor v. Carpenter,
23 Fed. Cas. No. 13784. 3 Storey 458. France, “An Alien shall enjoy in
France the same civil rights as those granted to French people by the
treaties of the nations to which such aliens belong.” Civil Code § 11.

27 Hughes v. Edwards, 9 Wheat. (U. S.) 489. Eng. Calvin’s case, 7
Coke 2. Fourdrin v. Gowdey, 3 Myl. & K. 383.
38 INTERNATIONAL RELATIONS

ceased foreigner within their dominions.** To put an end to
this practice special treaties were negotiated by the United
States with Bavaria in 1846,” Hesse, 1845,°° Nassau, 1847,"
Saxony, 1846,” and Wurttemberg, 1844.°° The commercial
nations of Europe were necessarily far more liberal in their
treatment of foreigners.

Aliens also have substantially the same right to sell and
transfer personal property during life and to transmit it by
will or inheritance that citizens have.** Bequests to non-resi-
dent aliens of chattels are valid.*

A different rule prevails as to real property. At common
law both in England and the United States an alien cannot
take title to land by inheritance,** nor can title to land pass by
inheritance through the medium of an ancestor who was an
alien.” If a citizen dies and his next heir is an alien who
cannot take, the inheritance goes to the next heir who is compe-
tent to take as if no such alien had ever existed.** At common
law an alien may acquire land by voluntary conveyance from
the owner, but he cannot hold it as against the state.** No
one but the state can question the alien’s title.*° The whole
theory of ownership of a part of the face of the earth is es-
sentially different from that of ownership of movables. The
nation asserts and maintains sovereignty over its territorial
possessions until overthrown or driven out of them, or until it
transfers its sovereignty to another, but no matter how na-
tions come and go or people multiply or die out, the land re-

28 Grotius Lib. II, cap. vi, § 14. Vattel II. 8, §112. Taylor $ 200.

29 Senate Documents, 2d Session 61st Congress, 47-56.

30 Senate Documents, 2d Session 61st Congress, 47, 947.

81 Senate Documents, 2d Session 61st Congress, 48, 1231.

32 Senate Documents, 2d Session 61st Congress, 48, 1610.

33 Senate Documents, 2d Session 61st Congress, 48, 1893.

842 Corpus Juris, 1069.

35 Craig v. Leslie, 3 Wheat. 563.

36 Blythe v. Hinckley 180 U. S. 333. Eng. Doe v. Acklam 2 B. & C. 779.
37 Levy v. McCortee, 6 Peters, 102.

38 Corpus Juris, 2 p. 1050.

39 Orr v. Ogden, 4 Wheat. 543. Wallace v. Adamson, 10 U. C. C. P. 338.
40 Manuel v. Wulff, 152 U. S. 505.
SOVEREIGN STATES 39

mains for whomsoever is able to maintain mastery over it.
Private ownership is a more immediate and definite dominion,
but like that of the state, it may be transferred or lost, yet
the land remains, whatever the fate of the owner. Title to
land, therefore, whether in the sense of the political dominion
of the state or private ownership by the individual, is strictly
a creature of positive human law. As against the outside
world the nation asserts and maintains its political control.
Within its boundaries it determines as it pleases who may
acquire private dominion of its land, the nature and duration
of such dominion, and all the other questions relating to land
tenure. Chattel property is essentially different. Its value
may be a human creation and readily destroyed. It is ordi-
narily movable, so that the owner may take it with him or
keep it where he pleases on such part of the earth as he is al-
lowed to use. Its value may be temporary and quickly lost
by decay, or durable indefinitely so long as possession is re-
tained, as in the precious metals and durable works of art.
There is quite general uniformity in the views of the people
of all nations as to the rights of possessors of personal prop-
erty, but much diversity of laws and customs as to its disposi-
tion after the death of the owner. Upon this subject the
most general rule that can be safely asserted is that the law
of the sovereignty in which the chattels are at the time of the
death of the owner will determine the disposition to be made
of them.** The law of the domicil of the owner is usually al-
lowed to determine who are the distributees and their respec-
tive shares.*? In the exercise of their powers of taxation the
state of the decedent’s domicil and that where the goods are
at the time of his death may impose taxes on the property,
unless under treaty obligation not to do so. In the United
States the laws with reference to the descent of real property
and the distribution of the personal estate are exclusively the
work of the different states and there is great diversity in the
rules adopted by them. There is entire uniformity, however,
in their acceptance of the principles that the law of the situs

41 Hamilton v. Dallas, 38 L. T. Rep. N. S. 215.
4214 Cyc. 180.
40 INTERNATIONAL RELATIONS

governs the descent of land and the law of the owner’s domicil
the distribution of the personal estate.

The exclusive power to make treaties with foreign nations
is vested in the President of the United States by and with
the advice and consent of the Senate. Treaties so made be-
come the supreme law of the land and cannot be defeated or
limited in their operation by any act of the legislature of a
state. If there is a conflict between the provisions of the
treaty and a state statute the treaty prevails.**

Aliens are subject to the municipal law of the country into
which they go, and are subject to prosecution and punishment
by the courts of the country for crimes committed within their
jurisdiction. An alien’s right to remain in the territory of
a foreign government is wholly dependent on the will of that
government, and may be terminated at any time by it.”

While warring nations formerly claimed the right and ex-
ercised the power to confiscate the property of aliens within
their possession, modern international law does not recognize
this as a right. Alien property may be seized and held and
dealings between citizens and aliens may be suspended during
the war.** The right of an alien to sue in the courts of the
enemy country is suspended during war.*’ The property seized
may be used by the government and the right to compensation
adjusted either with the private owner or with the government
of his country when peace is reestablished. The belligerent
has the power to confiscate the property of the enemy and of
its citizens in its possession, but the Hague conventions deny
the right to confiscate private property and undoubtedly ex-
press modern sentiment on the subject.

The subject of the status of aliens in the United States was

43 De 'Geofroy v. Riggs, 133 U. S. 258. Hauenstein v. Lynham, too U. S.
483. Japanese Immigration Cases 189, U. S. 86. In re Parrott 6 Saw. 349.

44 Barrington v. Missouri, 205 U. S. 483. In re Burbidge (Eng.), 1 Ch.
426.

45Tn re Wang Tuck 11 Hawaii 600. Fok Young Yo v. U. S. 185 U. S.
296. Schwartz v. Adams, 228 U. S. 592.

46 40 Cyc. 320. Trading with the Enemy act Oct. 6, 1917.

47 Dorr v. Gibboney, 7 Fed. Cases 4006,
SOVEREIGN STATES 41

very fully considered and discussed by the Supreme Court in
the case of the United States v. Wong Kim Ark. He was
born at San Francisco of Chinese parents who were subjects
of the Emperor of China, but domiciled residents of San
Francisco. He made a temporary visit to China and on his
return applied to the collector of customs for permission to
land, which was refused on the ground that he was not a citi-
zen of the United States. The opinion contains an extended
review of the authorities bearing on the question presented in
the case. Quoted from the opinion in the English case of
Udny v. Udny* is the following: “The law of England, and
of almost all civilized countries, ascribes to each individual at
his birth two distinct legal states or conditions; one, by virtue
of which he becomes the subject of some particular country,
binding him by the tie of natural allegiance, and which may be
called his political status; another, by virtue of which he has
ascribed to him the character of a citizen of some particular
country, and as such is possessed of certain municipal rights,
and subject to certain obligations, which latter character is the
civil status or condition of the individual, and may be quite
different from his political status,’ and from the language of
Lord Chief Justice Cockburn: “By the common law of Eng-
land, every person born within the dominions of the Crown,
no matter whether of English or of foreign parents, and, in
the latter case, whether the parents were settled or merely
temporarily sojourning, in the country, was an English sub-
ject; save only the children of foriegn ambassadors (who were
excepted because their fathers carried their own nationality
with them) or a child born to a foreigner during the hostile
-occupation of any part of the territories of England. No
effect appears to have been given to descent as a source of
nationality.”*° It is further said in the opinion: “But at the
time of the adoption of the Constitution of the United States
in 1789, and long before, it would seem to have been the rule
in Europe generally, as it certainly was in France, that, as
said by Pothier, ‘citizens, true and native-born citizens, are

49 Udny v. Udny (1869) L. R. 1 H. L. Sec. 441.
50 Cockburn on Nationality 7.
42 INTERNATIONAL RELATIONS

those who are born within the extent of the dominion of
France,’ and ‘mere birth within the realm gives the rights of a
native-born citizen, independently of the origin of the father
or mother, and of their domicil’; and ‘children born in a for-
eign country, of a French father who had not established his
domicil there nor given up the intention of returning,’ were
also deemed Frenchmen, as Laurent says, by ‘a favor, a sort
of fiction’ and Calvo, ‘by a sort of fiction of exterritoriality,
considered as born in France, and therefore invested with
French nationality.” . .

“The foregoing considerations and authorities irresistibly
lead us to these conclusions: The Fourteenth Amendment af-
firms the ancient and fundamental rule of citizenship by birth
within the territory, in the allegiance and under the protection
of the country, including all children here born of resident
aliens, with the exceptions or qualifications (as old as the
rule itself) of children of foreign sovereigns or their minis-
ters, or born on foreign public ships, or of ‘enemies within and
during a hostile occupation of part of our territory, and with
the single additional exception of children of members of the
Indian tribes owing direct allegiance to their several tribes.
The Amendment, in clear words and in manifest intent, in-
cludes the children born within the territory of the United
States, of all other persons, of whatever race or color, domi-
ciled within the United States. His allegiance to the United
States is direct and immediate, and, although but local arid
temporary, continuing only so long as he remains within our
territory, is yet, in the words of Lord Coke, in Calvin’s Case,
7 Rep. 6a, ‘strong enough to make a natural subject, for if he
hath issue here, that issue is a natural born subject,’ and his
child, as said by Mr. Binney in his essay before quoted, ‘if
born in the country, is as much a citizen as the natural-born
child of a citizen, and by operation of the same principle.’ . . .

“Chinese persons, born out of the United States, remaining
subjects of the Emperor of China, and not having become
citizens of the United States, are entitled to the protection of
and owe allegiance to the United States, so long as they are

51 Pothier Traite des Personnes, pt. J, tit. 2, sect. 1, nos. 43, 45.
SOVEREIGN STATES 43

permitted by the United States to reside here; and are ‘sub-
ject to the jurisdiction thereof,’ in the same sense as all other
aliens residing in the United States. ...

“Upon the facts agreed in this case, the American citizen-
ship. which Wong Kim Ark acquired by birth within the
United States has not been lost or taken away by anything
happening since his birth.”

From this opinion and the authorities cited in it it appears
that the alien owes a double allegiance, to the country of his
birth and that of his domicil, and that he is entitled to the pro-
tection of both until he renounces one or the other. His al-
legiance to his native country is of a political character. He
is not personally subject to its jurisdiction and will not be de-
livered up by the country of his domicil on the demand of
that of his birth except for an extraditable offense committed
in that country. Political offenses do not afford grounds for
extradition.** If his sovereign calls the alien home for mili-
tary duty, he is legally bound to go, but will not be forced to
do so by the country of his adoption. He may renounce his
allegiance if he sees fit to do so, but whatever property he has
in the country of his birth is subject to its laws, and if he re-
turns to it he subjects himself to its jurisdiction for any dis-
obedience of its laws while in foreign countries.

Nowhere else are the principles above declared of so much
importance as in the United States, the citizenship of which
is so largely made up of alien born people and their descend-
ants born in this country. Though in the early years of the
republic there was some controversy with European powers
over questions of expatriation and naturalization, it now has
satisfactory treaties with most of the nations removing the
grounds of controversy. The exclusion of Asiatic laborers
has caused complaints from China and Japan, but amicable
adjustments of the limitations of their rights to migrate to
this country have thus far been accomplished by treaties. Race
prejudices and antipathies are hard to overcome. There is

52 United States v. Wong Kim Ark, 169 U. S. 649.
53 Stat. 33 and 34 Vict. c. 52, § 3. In re Munier 2 Q. B. 415. In re
Ezeta, 62 Fed. 972.
44 INTERNATIONAL RELATIONS

little of these left in the United States as to the Europeans,
of the blood of all nations of whom we now have so many
citizens, but with the Asiatics there is as yet very little inter-
mixture. With rapidly increasing acquaintance friendly feel-
ing grows, but it is hardly to be expected that Orientals will
be soon regarded with the same feeling as the Europeans with
whom we are allied by blood.
CHAPTER II
INTERNATIONAL LAW

Dawn oF INTERNATIONAL Law

Out of the feudal system of the middle ages, as a natural,
outgrowth, came kingdoms, personified in their sovereigns, to
whom all subjects owed fealty as the source of title to all the
land in the state. The saying of Louis XIV “I am the state”
fairly expressed the prevailing theory of national responsi-
bility. In all dealings with other powers, whether in peace or
in war, the king spoke for his country. The discovery of
America and of the ocean route to the far east excited rivalry
among the maritime countries for distant trade and possess-
ions. Governments became more firmly established, popula-
tion increased, and ships multiplied on the seas. Nations had
more frequent intercourse with each other, and rules govern-
ing such intercourse came to be regarded as necessary. The
rudiments of a common law of nations were generally accepted
by the leading states, though not uniformly observed. The
only sanction of the law was such as was imposed by the
ruler on his own subjects. The Popes sometimes used their
influence and spiritual weapons to mitigate the barbarities of
war, but were too often more concerned with the interests of
the church than in restraining the savagery of war.

The first comprehensive work on international law was that
of Hugo de Groot, better known by the Latinized name of
Grotius, entitled De Jure Belli et Pacis, published in 1625. It
is a most scholarly work and shows great familiarity with
Greek and Roman history and the reasoning of their states-
men and philosophers. While the great purpose actuating his
effort was the advancement of moral standards, he dealt with
an existing, not an ideal, world, and based his statements con-
cerning the laws on the rules actually observed. Like the
Roman scholars he sought for the Ler naturae as a moral
46 INTERNATIONAL RELATIONS

basis for human law. He says—‘That there is such a thing
as natural law is commonly proved both a@ priori and a pos-
teriori; the former the more subtle, the latter the more popu-
lar proof. It is proved a priori by shewing the agreement or
disagreement of anything with the rational and social nature
of man. It is proved a posteriori by certain or very probable
accounts we find of anything accepted as natural law among
all nations, or at least the more civilized. For a universal ef-
fect requires a universal cause; now such a universal belief
can hardly have any cause except the common sense of man-
kind.’”*

In the slow and spasmodic evolution of law it is not surpris-
ing that international law should be a later development than
the civil law of states. It is so of necessity, for the idea of
the collective personality of the nation must be well developed
and recognized before moral and legal accountability as such
can be attributed to it.

The extreme doctrine of individual liberty has been applied
to nations and those who have exercised sovereign authority
in them, in quite as full measure as individual liberty is as-
serted in the savage tribes which acknowledge no law or
authority. The doctrine that the king can do no wrong,
though not maintained as sound ethics, has prevailed because
there was no adequate force within or without the state to
judge, restrain or punish him. Not only philosophers but all
normal people recognize the applicability of the moral law to
the relation of states to each other with the same force as it
applies to the relations of natural persons. The difficulty has
been, and still is, to agree on methods of ascertaining the gen-
eral consensus of opinion as to the principles of the natural
law, the moral law, and to establish instruments to apply and
enforce them. There is the same need of restraints over the
conduct of nations as over that of natural persons. They are
actuated by similar passions and motives of interest and ad-
vantage. Perhaps the ultimate goal to be reached is a con-
dition in which national personality will disappear, and all
men be guided by accepted principles of human relations, but

1De Jure, Book 1, Ch. 1, XII.
INTERNATIONAL LAW 47

this age must deal with its own problems and conditions in
practical ways, leaving those which a higher and better civili-
zation will present to be dealt with by posterity.

Grotius discusses domestic relations, inheritance, wills, the
acquisition, possession and transfer of property, real and per-
sonal, and many other topics of the law as generally adminis-
tered, and by particular nations, and bases many of his state-
ments of international law on the rules generally observed in
private as well as public matters. He recognized the right
of rulers to exercise and transfer political power as property,
without regard to the wishes of their subjects. In this he
merely followed the accepted doctrines and practices of the
European rulers of his time. He asserts the right to levy war
for a just cause, and undertakes to discriminate between the
just and unjust grounds. The work is so full of quotations,
discussions, and illustrations from ancient and modern in-
stances that no brief summary can indicate the wealth of valu-
able matter it presented to his contemporaries. The recep-
tion given to it by the public was most flattering, and its in-
fluence in promoting international law has been very great.

Grotius was not the first modern writer on the subject of
international law. He was preceded in Italy by Machiavelli,
some of whose principles are generally regarded as abomin-
able, and Alberticus Gentilis, who defended him. In Spain
Francisco Suarez, Francisco de Victoria and Balthazar Ayala
published works dealing with the subject. None of their writ-
ings gained anything like the prominence of that of Grotius.
In 1672 Pufendorf’s De Jure Naturae et Gentium was pub-
lished and was followed in 1702 by Bynkershoek’s De Dominio
Maris, and other writings later.

Vattel’s Droit des Gens published in 1758 added much to the
structure of international law, and was accepted as a leading
authority on the subject. It, like that of Grotius, discusses
many of the recognized principles of civil law and applies them
to the relations of nations. Vattel, however, maintains that
there is a difference in the law applicable to private persons
and to states. He says—‘‘When therefore, we apply to na-
tions the duties which the law of nature prescribes to indi-
48 INTERNATIONAL RELATIONS

vidual man, and the rights it confers on him in order to enable
him to fulfil his duties, since those rights and those duties can
be no other than what are consistent with the nature of their
subjects, they must, in their application, necessarily undergo
a change suitable to the new subjects to which they are ap-
plied. Thus, we see that the law of nations does not, in every
particular, remain the same as the law of nature, regulating
the actions of individuals.”?

Since the time of Grotius many writers have published
works on international law,® and its principles are recognized
and enforced between private litigants by the courts of all the
leading nations, though no tribunal has yet been created with
power either to secure uniformity in the rules applied or to
enforce the observance of any of its principles by the sover-
eign nations. Many of its princples are generally agreed on
by these authors, and have been accepted as a part of the civil
law of continental Europe and of the common law of Great
Britain and America. Yet with all the teachings of so many
able men, the fundamental doctrines of international law still
leave a wide field for conflicting claims of right, with neither
clear rules to determine them, nor any authority empowered
to make or enforce such rules. The only supreme power

2Vattel’s Law of Nations. Preface XI.

3In Great Britain,—Hobbes, Austin, Bentham, Manning, Polson, Wild-
man, Hosack, Phillimore, Twiss, Amos, Creasy, Hall, Maine, Lorimer,
Levi, Lawrence, Walker, Baker, Smith and Westlake.

United States—Kent, Wheaton, Woolsey, Halleck, Field, Forbes, Scott,
Wharton, Davis, Moore, Bridgman, Snow and Taylor.

France—Funck-Bretano and Sorel, Pradier-Fodere, Bonfils, Despagnet,
Piederievre, Gallaudet.

Germany—Schmalz, Kluber, Saalfield, Heffter, Oppenheim, Bluntschli,
Hartmann, Holtzendorff, Bulmerincq, Gareis, Ullmann, von Liszt.

Italy—Casanova, Fiore, Carnazza-Amari, del Bon, Sandona, Pertille,
Pierantoni.

Japan—Takahoshi.

Spain—Bello, de Pando, Riquelme, Alcorta, de Olivart, Acosta, Cru-
chaga.

Miscellaneous—Bornemann, von Martens, Ferguson, Rivier, Matzen,
Nys.

Argentine Republic—Calvo.
INTERNATIONAL LAW 49

known on earth is that at the head of the nation. There are
now more than fifty such heads, and there are at all times
many controverted questions of right between them for the
determination of which there is no recognized and generally
accepted law. As commerce is extended and inventions multi-
ply new questions of right and of expediency and utility arise
calling for authoritative settlement, yet no such power exists.
Arbitration is a primitive alternative for strife, and accomp-
lishes good results in most cases where. the parties agree to
submit to it, but it lacks the essential attributes of an efficient
judicial system. It starts with an agreement to arbitrate and
ends with voluntary submission to the award of the arbitra-
tors. To be efficient a court must be constituted in advance,
have power to receive complaints and compel answers to them,
decide the controversy and enforce performance of its judg-
ment. Sovereigns, especially those whose power is based on
military combination, have thus far refused to submit to the
authority of any tribunal questions affecting national honor or
vital interests. As these are the matters over which nations
go to war, arbitration treaties which exclude them amount to
no more than a means of disposing of minor controversies,
leaving the major ones to the arbitrament of force.

The theory of the government of the United States is that
every officer from President to the lowest employee of the
government is subject to the law, and that all governmental
functions are carried on by authority of and in accordance
with law. The Constitution defines and distributes govern-
mental powers. It recognizes the existence of international
law and gives the Congress power—

“To define and punish piracies and felonies committed on
the high seas and offenses against the law of nations.’”

The growth of the law of nations has been very similar to
that of the common law of England. Customs more or less
general have been accepted as binding rules of conduct.
Among these customs is one which runs back to time im-
memorial, that of waging war at will against any adversary
that the sovereign may select, and for any cause or on any

4Const. of U. S. Art 1, Sec. 8.
50 INTERNATIONAL RELATIONS

pretext. The struggle having started, international law under-
takes to prescribe rules regulating the conduct of it, much as
the now discarded code of private warfare regulated duelling.
The warring nations have a fixed character as belligerents,
and are accorded the right to interfere with the business of
their non-combatant neighbors in many ways on the ground
of military necessity. Neutral nations must submit to have
their commerce restricted in order that the combatants may
carry on the struggle. The Hague Conventions and the Dec-
laration of London, to which all the leading nations taking
part in the great war were parties, gave definiteness and bind-
ing force so far as international agreement can do so, to the
laws regulating warfare on sea and land, yet it would be diffi-
cult to point out any important provision in these Conventions
that has not been violated, not only once but many times dur-
ing the struggle.

Until very recent times the growth of governments and
governmental agencies stopped at the supreme power in the
nation, and such agencies as it saw fit to establish in foreign
countries by permission of their local governments. This
growth has usually centered around the military combination
through which mastery at home is maintained and the enforce-
ment of rights or claims against other states is made.
In historical accounts of the rise of states military organiza-
tion and achievement hold first place. Patriotism is a virtue
almost universally lauded. It is generally regarded as ending
in devotion to the interests of ones own country, and many
appear to think that its merit is enhanced by hatred of a na-
tion or race with which the nation comes in conflict in the
advancement of its apparent material interests. Yet it is not
difficult to perceive that in a country like the United States
patriotism has a far different meaning from what it had in a
little Greek city state. Here the city, whether a little country
town or the great metropolis, is of minor importance, and
never thought of as the object of patriotic devotion. With the
increase of business and social intercourse state boundaries
have become of minor importance, and, when we consider that
the people of the United States have gathered in from all na-
INTERNATIONAL LAW 51

tions and races on the earth, and that some of our fellow citi-
zens are closely related to the people of all other nations, it
becomes evident that our concern for others cannot stop even
at the boundaries of the nation. Our citizens travel and have
business dealings in every nation, and we are therefore di-
rectly interested in the peace, good order, and welfare of the
people in all parts of the earth. We have just been drawn
into the greatest war of all time because the right of our people
to cross the sea with their goods was ruthlessly invaded under
a claim of belligerent right. Thus we find that true patriotism
calls for more than devotion to our own country, and makes
the welfare of the whole world the object of our care. The
community of states, like a community of persons, has its com-
mon interests. As it regards international relations, the theory
of ultimate and absolute sovereignty in the nation is palpably
false, as clearly so as the claim of sovereignty in each mem-
ber of the small community would be. Manifestly the right of
each is restricted by the corresponding right of each other.
There is the same need of laws agreed upon, published, and
understood for the government of nations in their dealings
with each other that there is for municipal law governing the
relations of individuals. How shall such laws gain expres-
sion, how shall they be given sanction? Manifestly by the
general consensus of all the peoples, for we know of no higher
test of the justice of laws than the judgment of all the people
whom they affect.

Though many writers on the subject of international law
express their views concerning the justice and injustice of the
rules they discuss, no writer asserts that all the rules which he
regards as recognized law are just or nearly so. His criti-
cisms of the rules which are regarded as law are generally de-
signed to induce the modification of them or the adoption of
better ones. By this process of discussing the merits and
demerits of prevailing doctrines and practices much has been
done to educate the world and induce rulers to advance their
standards of conduct to a nearer approximation to ethical
principles. This process of evolving law by the reasoning of
publicists is slow and uncertain, and is so recognized by the
52 INTERNATIONAL RELATIONS

writers themselves. Grotius recognized the need of some
more authoritative expression of it. He says—“It would be
useful, and indeed it is almost necessary, that certain con-
gresses of Christian Powers should be held, in which contro-
versies which arise among some of them may be decided by
others who are not interested; and in which measures may be
taken to compel parties to accept peace on equitable terms.’”®
The Congress he suggests it will be observed is not so much
for the purpose of establishing rules governing the relations
of states as of settling particular controversies between them.
Vattel speaks of congresses for like purposes.® Legislation by
representative bodies was not carried on to such an extent in
their time as of late. We shall consider hereafter in detail
the Conventions adopted by the representatives of many na-
tions, which may quite fairly be classed as pieces of interna-
tion legislation. These will show how rapidly the nations are
coming to recognize the fact that ultimate earthly sovereignty
lies outside the boundaries of any nation.

While as between nations international law has been with-
out adequate sanction and mainly dependent on its inherent
moral force and the consensus of world opinion for its ob-
servance, within each of the leading nations it has been given
definite and binding form in many particulars among its peo-
ple by legislative enactments and the judicial decisions of its
courts which become binding in the particular case and pre-
cedents for like cases at home and abroad. Cases involving
the same question have been presented to the courts of many
nations, and where all concur in maintaining the same rule it
may fairly be regarded as the settled law. Great numbers of
such cases have been considered by the courts of the leading
countries, but unfortunately there is still much diversity of
opinion among them on many questions, and no tribunal ex-
ists that has power to harmonize differences or correct errors.
Each of the great nations has its court of last resort, vested
with power to review and reverse the rulings of lower courts
which are not in accordance with its views of the law. In this

5 Grotius, De Jure, B. 2, Ch. 23, § X, Art. 4.

6 Vattel, 278.
INTERNATIONAL LAW 53

manner the law is made uniform within the nation, but this
uniformity cannot be enforced beyond its boundaries.

AMBASSADORS AND DipLomatic AGENTS

Ambassadors both in peace and in war were employed by
the ancients, but only for special missions to transact par-
ticular business intrusted to them. Ministers resident at the
court of a foreign power are not mentioned in ancient history.
Though the Athenians and Spartans put the ambassadors of
Darius, who came to demand earth and water in token of his
supremacy, to death, the Spartans afterward acknowledged
that in doing so they had committed a heinous crime. The
general rule was that while on their missions the persons of
ambassadors were inviolable and they were entitled to hos-
pitable treatment even by enemies.” When the particular busi-
ness was concluded their mission was ended and they returned
to their home country.

The modern system of ambassadors resident at the seat of
government of the foreign state developed in the 16th and
17th centuries. Ambassadors were at first regarded with dis-
trust by some nations as being in fact spies, but the practice
of sending and receiving them became firmly established after
the peace of Westphalia. Their legal status is now quite defi-
nitely fixed by the law of nations and very generally respected.*

The governmental agerjcies through which international
dealings are carried on are now well defined and very similar
in all nations. Each government has a department of ioreign
relations at the head of which is a minister, variously named,

, who is a member of the cabinet. In the United States the
Secretary of State is at the head of the department of foreign
affairs. In the cabinets of most European states there is a
member called the Minister of Foreign Affairs. All dealings
with foreign nations are ordinarily carried on through the
department of Foregn Affairs. The executive head of each
nation appoints such diplomatic officers to represent it at the

7 Herod, VIII, 136. Theuc. Lib. II-67. Code of Manu, Ch. 7-63-64.
81 Kent, 15. Taylor, Sec. 274.
54 INTERNATIONAL RELATIONS

seats of government of other nations as it sees fit. The larger
nations all make such appointments to each of the other prin-
cipal nations. Some of the smaller ones do not maintain a
general system of foreign embassies. Diplomatic officers have
been given rank and classification in the following order:

1. Ambassadors, Papal Legates or Nuncios.

2. Envoys, Ministers and other agents accredited to sover-
eigns.

3. Ministers resident accredited to sovereigns.

4. ‘Charges d’ Affaires accredited to the minister of foreign
affairs.° The distinctions between these classes relate to diplo-
matic precedence and etiquette rather than to essential powers
or rights under international law.*° The appointment of
diplomatic officers is made by the sovereign or executive head
of the government. In the United States it is made by the
President, confirmed by the Senate.

Ambassadors and other diplomatic agents are absolutely
free from allegiance to the nation to which they are accredited,
and are not subject to its laws or the jurisdiction of its courts.
Their persons are inviolable. These immunities are declared
by statute in England” and the United States.** The immun-
ity continues for a reasonable time after his recall or dismis-
sal.** The privileges and immunities of an ambassador extend
to his family and the members of his official household.” The
equipage, property and house of the ambassador are entitled
to the same immunity as his person.

While each nation is free to appoint such persons as it sees
fit as its representatives at a foreign capital, the government
to which they are accredited is not bound to receive them if
they are personally obnoxious. To decline to receive an am-
bassador on the ground that he is persona non grata is not re-

9 Wheaton, Int. Law, Sec. 211.

107 Kent, 39. Wheaton 299.

112 Corpus Juris 1302.

127 Anne c. 12.

13U, S. Rev. Stats. §$ 4062, 4065.

14 Musurus Bey v. Gadban 1 Q. B. 533. Vattel, 500.

15U. S. v. Benner, 24 Fed. Cases 14,568. Taylor v. Best, 14 C. B. 20.
INTERNATIONAL LAW 55

garded as an affront to the government appointing him, but
the exercise of a clearly established right. The theory of
modern diplomatic intercourse is that it is designed to promote
friendly relations and afford a convenient and efficient method
of adjusting all questions arising between the governments.
It is therefore necessary that the representative of the foreign
government be a person with whom it is agreeable to deal.
As a result of this custom there is at the capital of each of
the leading nations a body of diplomats representing all the
other nations that see fit to be so represented. Though these
diplomats are in general commissioned solely to deal with the
government to which they are accredited, they in fact are
often empowered to deal with representatives of ‘other nations
on matters of general concern. Through informal conferences
and social intercourse among the members of the diplomatic
corps matters of general interest are sometimes brought to the
attention of their governments, and they are often appointed
plenipotentiaries to represent their government in general con-
ferences for the purpose of dealing with matters of general
interest to a number or all of the nations. .

The ambassador represents his government in all dealings
with the power to which he is accredited which are committed
to his charge. The regular line of communication is for his
home government to send to him all notes, messages and com-
munications addressed to the power to which he is accredited,
and he then delivers them to the foreign office. Answers to
such communications and messages to his government may be
passed through him, or through the ambassador resident at
the seat of his government. When matters of very great im-
portance are under consideration sovereigns and prime minis-
ters sometimes confer directly with each other, but such con-
ferences are quite exceptional and the final binding agreement
is always made through the foreign offices. For the negotia-
tion of treaties and conventions special ministers plenipoten-
tiary are often appointed. The executive head of each na-
tion employs such agencies and follows such methods as it
sees fit in dealing with other powers’ Whatever the particular
powers or designation of these agencies, they are all entitled
56 INTERNATIONAL RELATIONS

to the privileges and immunities of ambassadors. The rank
of each and the extent of his powers is determined by the
government appointing him.**

Nations which have only a qualified sovereignty sometimes
send and receive diplomatic representatives, but only those
states which are recognized as enjoying full sovereignty are
generally accorded this right.

As the ambassador or other minister does not subject him-
self to the laws of the country to which he goes, it naturally
follows that he and all his household, domestic and official,
remain subject to the laws of his own country. This law in
all civil matters the minister himself administers over those at-
tached to his legation.” If criminal offenses are committed
by them he may send them to their own country for trial or
deliver them up to the courts of the State where the offense
is committed. Formerly ambassadors sometimes exercised
criminal jurisdiction over their suites, but the modern usage
is otherwise.** While the personal effects of the minister are
exempt from the jurisdiction of all local officers, if he en-
gages in any business not connected with his mission or deals
in real or personal property otherwise than for use in his
family or office, he is, as to all such transactions, subject to
the laws of the country where they take place,”® but it has been
held in England that as to such dealings the ambassador can-
not be sued, but that the remedies of a creditor are confined
to process against the property as to which the exemption does
not apply.”° The Constitution of the United States gives the
Supreme Court original jurisdiction “in all cases affecting
Ambassadors, other public Ministers and Consuls,’’* but this
does not change the law which exempts them from the juris-
diction of the courts of the country to which they are accred-

16 Wheaton, § 226. Vattel, 498.

17 Wheaton, $ 214.

18 Wheaton, § 215.

19 Wheaton, $ 227.

20 Magdalena S. N. Co. v. Martin, 2 E. & E. 94, 105 E. C. L. 94. Vattel
Book 4, Ch. IX § 113.

21 Const. of U. S. Art. 3, § 2.
INTERNATIONAL LAW 57

ited. Local jurisdiction cannot be exercised so as to interfere
in any way with the minister’s freedom of diplomatic action,
or the property of his legation, except regulations necessary
for the health and safety of the community.” Assaults and
other offenses committed against foreign ministers are punish-
able by the courts of the country where the offenses are com-
mitted.”

The diplomatic officers who are entitled to the privileges
and exemptions of ambassadors are defined in the United
States by statute. “‘ ‘Diplomatic officer’ shall be deemed to
include ambassadors, envoys extraordinary, ministers plenipo-
tentiary, ministers resident, commissioners, charges d’affaires,
counselors, agents, secretaries of embassy and legation, and
secretaries in the Diplomatic Service and none others.”’*

The mission of a diplomatic officer may be terminated at
any time by recall by his own government or dismissal by the
government to which he is accredited. His functions can only
be exercised while peaceful relations subsist between his coun-
try and that to which he is sent. On the breaking out of hos-
tilities he is entitled to a safe conduct out of the enemy coun-
try and a reasonable time to leave it.” Diplomatic intercourse
has been greatly extended in recent years. In 1827 Henry
Wheaton was appointed charge d’affaires at the court of Den-
mark, and from that time till 1835 was the American repre-
sentative for all Germany and Austria, there being no other
minister to either of these countries.”

Since Wheaton’s time the number of diplomatic officers
throughout the world has increased very greatly, and the busi-
ness transacted through them now includes a multiplicity of
matters of both public and private concern. Increased travel,
commerce, and foreign investments, greatly complicate in-
ternational relations, and call for the settlement of many

22 Hall Int. L. 180, Glenn Int. L. 70. Gladstone v. Musurus Bey, 32

L. J., Ch. 155.

23 U. S. v. Liddle 2 Wash. (U. S.) 205. U.S. v. Benner, 24 Fed. Cases
14,568.

24, S. Comp. Stats. (1918) $ 3116.

23 Vattel, Book 4 Ch. IX § 125.

26 Editor’s Preface to Wheaton 8th Edition viii.
58 INTERNATIONAL RELATIONS

questions that could not have arisen a hundred years ago. The
great banking houses of the world have their agencies in all
countries with which their home country has large commer-
cial dealings. Through them investments and loans oi many
kinds and for many purposes are made. The railroads of the
Americas, Asia and Africa have been financed and built in
great part by European capitalists. Telegraph cables owned
by great corporations have been stretched across the oceans
which are the common property of all the nations. Wireless
telegraphy now supplements communication through wires.
Electrical force reaches not only across the seas but throughout
every nook and corner of the land, and is a common property,
through which all people of the earth become neighbors within
speaking distance of each other. Its uses for the promotion,
of good fellowship and common interests are but in their in-
fancy, and their value is incapable of measurement. The
great war has stimulated aviation to the point that navigation
of the air is no longer a dream but a most important reality.
The winds blow across lands and seas, and like the ocean the
air is the common property of all. National boundaries can-
not contain it, and mere national parliaments cannot regulate
its use. Under the present organization of the world into so
many sovereign nations all these conditions are constantly giv-
ing rise to questions to be settled by diplomacy and, where that
fails, by war.

Through diplomatic officers all questions affecting the gen-
eral interests of the nations, and the particular interests of
their subjects which they cannot settle between themselves,
must be handled and adjusted. If a private citizen has a debt
owing to him from or a claim for damages for injuries sus-
tained against a foreign government or any of its citizens or
subjects for which satisfaction is denied him, he may apply to
the foreign department of his own government for relief. It
is for his government then to determine whether or not it
will take action. Many considerations other than the merits
and justice of his claim may influence the political departments
of his government in deciding what shall be done about it.
The state of international feeling, the existence of counter
INTERNATIONAL LAW 59

demands of a similar character, the pendency of more impor-
tant negotiations which might be affected by making the claim,
and all the various complications with which statecraft has
to deal must be weighed and considered. In a circular ad-
dressed to the representatives of Great Britain in foreign
countries in 1848 Lord Palmerston said, speaking of claims
on bonds and securities of foreign states: “It is for the British
Government a question of discretion, and by no means a ques-
tion of international right, whether they should or should not
make this matter the subject of diplomatic negotiation.”
Torts committed by foreign governments or their nationals
are regarded as entitled to more consideration, because of the
obligation of the government to protect its citizens in their
persons and property against all foreign powers.”* This in-
deed has always been regarded as one of the fundamental pur-
poses of organized government and akin to that of protecting
its own subjects against the aggressions of each other.

The manner of calling on the government of the United
States to assert a claim against another nation is pointed out
in a circular issued by the Department of State March 6,
-tgo1.”? A claim of an individual against a foreign govern-
ment so presented becomes the property of. the government
of the aggrieved citizen, which it has the absolute right
to relinquish or settle as it deems best, and after adjustment
between the governments the citizen has no further claim
against the foreign government, but only against that of his
own country.°° Where the United States releases a just claim
against a foreign country it is liable to the citizen for the loss
of his claim.** No court however has power to enforce pay-
ment of any claim by the United States.

Where the claim is such that it may be asserted by the claim-
ant in the courts of the foreign state and legal redress ob-

27 Hall Int. Law, 294, 205.

28 22 Cyc. 1734.

29 22 Cyc. 1741, note 50.

30 Meade’s Case 2 Ct. Cl. 224.

81 Ware v. Hylton, 3 Dallas (U. S.) 109, 245, Gray v. U. S. a1 Ct. Cl.

340, 390.
60 INTERNATIONAL RELATIONS

tained, the government ordinarily will not interfere in behalf
of the claimant.”

Diplomatic settlements may be effected directly by agree-
ment arrived at between the representatives of the govern-
ments, or indirectly by the submission of the matters in con-
troversy to arbitration. Great numbers of claims, public and
private, have been settled in this manner.** As commercial
and social intercourse between nations increases the volume
of such claims grows and is sure to continue to grow at an
increasing rate.

So long as peaceful relations subsist between two nations,
the business of the foreign offices goes on through the regular
diplomatic channels, but war terminates them, and the minis-
ters must promptly return to their own countries with all their
records and belongings. Such communications as pass be-
tween the warring nations are sent through the diplomatic
representative of some neutral power to whom the belligerent
intrusts the care of its interests. During the great war many
communications have in fact passed directly from one power
to the other by wireless telegraph, but these are not deemed
official. All formal dealings have passed through regular.
channels of communication.

The judicial power of diplomatic officers is usually limited
to their official and domestic families, but more extended
jurisdiction is sometimes given them. The United States has
vested its ministers and consuls appointed to reside in China,
Japan, Siam, Egypt and Madagascar with authority to ar-
raign and try citizens of the United States charged with of-
fenses against law, committed in such countries, and to pass
sentence on the offenders, and also authority to execute the
provisions of the treaties with those countries in regard to
civil rights and jurisdiction in matters of contract at the port
nearest to whch the contract was made. This jurisdiction em-
braces all controversies between citizens of the United States
and of such others as are provided for in the treaties, and is

327 Moore Dig. Int. L. 987 et seq.
33 For an extended summary of International Arbitrations see Moore’s
History of International Arbitrations, Vols. 1, 2 and Appendix 3, Vol. 5.
INTERNATIONAL LAW 61

to be exercised in all cases in accordance with the laws of the
United States. Consuls and commercial agents in countries
not inhabited by civilized people are given like power in civil
cases involving $1,000 or less, and criminal jurisdiction of
crimes committed by citizens of the United States.**

CoNsuULS

Consuls are not diplomatic officers, but are sometimes called
on and temporarily appointed to perform diplomatic service
in the absence of all the members of a legation. The duties
performed by the consuls and vice-consuls in different coun-
tries are not uniform, but dependent on treaties and the laws
of the country appointing them. All the consuls of the United
States are commercial agents and as such required to make
reports to the Secretary of State of the exports from and im-
pofts to the places to which they are accredited, the market
prices of the various articles of commerce and the wages paid
for labor within their jurisdictions. Where the laws of the
country permit, it.is their duty to take charge of and conserve
the estates of citizens of the United States, other than seamen
belonging to any vessel, who die within their consulates leav-
ing no personal representative, partner or trustee appointed
by him to take care of his effects.*° They are also charged
with the duty to investigate the complaints of seamen and pro-
tect them in case of discharge in a foreign port, and to pro-
vide passage home for destitute seamen.** By statutes and
treaties judicial powers are conferred on many of them, espe-
cially in poorly organized countries. Consular treaties in great
numbers have been entered into by the various governments.
Consular officers of the United States are authorized to solemn-
ize marriages and certify them to the Department of State.*”
All consular officers are authorized to administer oaths, take
and certify depositions, and perform ‘any act that a notary
public is authorized to perform within the United States.

84 Revised Statutes of United States §§ 4084, 4085, 4086, 4087, 4088.
35 Compiled Statutes of United States (1918) § 3162.

36 Compiled Statutes of U. S. (1918) $§ 8368 to 8374.

37 Compiled Statutes of the U. S. (1918) § 3211.
62 INTERNATIONAL RELATIONS

TREATIES

The peaceful relations and intercourse between nations and
their respective citizens goes on in accordance with established
customs and general principles recognized as international law,
supplemented by such treaties as they mutually agree upon. A
treaty is a formal agreement entered into by two or more
sovereignties, binding on the nations as political entities and
on their citizens and subjects individually and collectively. It
is based on the idea of the unity and personality of the state,
and its capacity to contract for all its people. Treaties are in
no sense a modern invention. They are mentioned by the most
ancient of historians. War may end by the extermination of
one of the parties to it, as often happens among savage tribes,
by the subjugation of one of the parties to terms dictated by
the conqueror, or by a treaty between the parties fixing the
terms on which peaceful relations are to be resumed. In mod-
ern times most wars between civilized states end in a treaty
of peace. The treaty becomes a contract between the parties,
ending the controversy and containing provisions to be ob-
served as rules of right and conduct by and between the na-+
tions and their people. These rules do not bind any nation
not a party to it, or become a part of general international law.

Without attempting anything like a comprehensive review
of ancient treaties a few conspictious ones may be mentioned.
Solomon and Hiram, king of Tyre, entered into a treaty un-
der which Solomon was given cedar and fir trees for the
temple he was about to build, in exchange for wheat and
oil for Hiram’s household. Pursuant to this treaty Solomon
sent his men to Lebanon and cut and removed the timber he
needed and Hiram’s builders and Solomon’s builders worked
together on the timbers and stones of the temple, “and there
was peace between Hiram and Solomon; and they two made
a league together.”** When Cambyses of Persia applied to
the Phoenicians for ships for an expedition against Carthage,
they answered that they were bound by a treaty of amity and
ties of blood to Carthage, and therefore refused his request.®°

381 Kings, Ch. V.

39 Herod, b, iii ro.
INTERNATIONAL LAW 63

Montesquieu says ‘“The noblest treaty of peace ever mentioned
in history is, in my opinion, that which Gelon made with the
Carthaginians. He insisted on their abolishing the custom of
sacrificing their children.’ The Sicilians under Gelon had
just destroyed the great army and fleet sent against them by
the Carthaginians, and the only condition of peace imposed
was the abolition of an inhuman custom.

A treaty was entered into between the Romans and the Jews
in the time of Judas Maccabaeus, 161 B.C., providing for
mutual aid in case of war.** It seems that the early Roman
consuls were without power to conclude a binding treaty, for
when the two consuls commanding the Roman army were
taken prisoners by the Samnite leader, Caius Pontius, and
made a treaty with their captor, the treaty was rejected at
Rome and the consuls, who had been released on the faith of
the treaty, were returned to the Samnites, accompanied by the
Fetiales who refused to sanction the treaty, but Pontius again
released them.*? About 508 B.C. the Romans and Carthagin-
ians concluded an important commercial treaty by which the
Romans were prohibited from sailing beyond Fair promon-
tory, near Carthage, and fixing the dues to be paid at the port
of Carthage.** Prior to the invasion of Greece by Xerxes he
entered into a treaty with the Carthaginians by which the lat-
ter agreed to invade Sicily at the same time that he invaded
Greece.** From the earliest times until the Roman conquests
covered most of the known world, treaty-making was carried
on by the Greeks, Persians and their neighbors, but each party
to a treaty had to rely on the good faith of the other for its
observance. No method of enforcement of treaty obligations
other than by war waged by the aggrieved party and such allies
as he could get was devised.

As gunpowder put an end to the military system of feudal
times, and kings came to rely on paid mercenaries and stand-

40 Spirit of Laws, b. x, ch. 5.

411 Maccabees, c. 8.

42 Liv. lib ix.

43 Polyb. 1, iii, 247.

44 Diod. I xi, p. 1-16-21.
é

64 INTERNATIONAL RELATIONS

ing armies instead of the knightly services of their retainers,
the power of kings increased. The theory of rulership by
right Divine, inculcated by the Roman Church in its own and
their interest, emancipated the princes from all accountability
to the people over whom they ruled. Kingdoms were regarded
as property of the sovereigns, to be acquired and disposed of
as the king saw fit. Treaties were mostly agreements between
crowned heads for the advancement of their personal and
political interests. Matrimonial alliances, which had played
such an important part throughout feudal times, were still a
very important consideration in many treaties between king-
doms. Treaties remained secret unless the monarchs who
were parties to them deemed it to their interest to make them
public. This most pernicious practice of making secret treaties
has persisted to the present time, and seems to be in some
degree responsible for the awful war which has just termi-
nated.

With the growth of commerce and the increase of inter-
course between nations treaty-making has been greatly stimu-
lated, and commercial interests have prompted a very large
part of the treaties, especially between the new and the old
world. In Europe territorial aggrandizement and military and
naval supremacy have still occupied the attention of diplomats,
and as a result of wars and diplomacy the political map of
Europe has been changed many times and in most important
particulars within the memory of the writer. Treaties be-
tween pairs of nations have been made in very great numbers
in recent years. Great Britain has been the most active of all
the nations in its diplomacy, and its treaties fill many large
volumes.

From the earliest times to the present day all treaties be-
tween nations have been negotiated and formulated by their
diplomatic agents. These are ordinarily appointed by the ex-
ecutive head of the nation. Treaties thus negotiated usually
require ratification, and there is much diversity now in the laws
of the different countries as to the requirements with refer-
ence to ratification. These agents are usually denominated
plenipotentiaries, and are furnished with letters defining their
INTERNATIONAL LAW 65

full powers, to be exhibited and copies of which are furnished
by and to each other.** These letters show the scope of the
minister’s power. He is ordinarily furnished with instruc-
tions which he is not required and it would usually be injudi-
cious to communicate to the other party.

Where the people of the two nations speak different ‘lan-
guages, duplicates are usually drawn, one in each language.
Both are deemed original and entitled to equal consideration.*®
Conventions to which many nations are parties are usually in
a single original, written in the language agreed on, the French
being the favorite where the parties speak many different lan-
guages. If translations are also made and signed, provision
is made in the treaty itself for the deposit of the original in
the foreign office of a party named. Thus the Hague Conven-
tions were deposited with the government of the Netherlands.

Early writers regarded the sovereigns as bound by the acts
of their plenipotentiaries in making treaties within the scope
of their full powers,* but ratification by the proper officers or
body in each government having power to do so is now gen-
erally understood to be necessary before the treaty takes ef-
fect.** In the distribution of the powers of government in the

- different.nations there is much diversity as to the ratification
of treaties.. ‘

The Constitution of the United States in the enumeration
of the powers of the President provides that—“He shall have
Power, by and with the Advice and Consent of the Senate, to
make Treaties, provided two-thirds of the Senators present
concur.’ The established practice is for the President to
submit the treaties which he has caused to be negotiated to
the Senate for ratification. The Senate then either ratifies,
amends, or rejects the treaty. Where a treaty fails of ratifi-
cation when submitted to the Senate, the vote is not neces-

45 Wheaton § § 217-218.

46 Crandall, Treaties, their Making and Enforcement, § 169.

47 Pothier on Obligations, Pt. 1, c. 1, Art. V, § 4, Grotius B. 2, c. xi, § 12,
Vattel B. 2, c. xii, § 156.

48 Crandall, Treaties &c, § 155.

49 Const. of U. S., Art. 2, Sec. 2.
66 INTERNATIONAL RELATIONS

sarily final but may be reconsidered and further action taken.”°
If the treaty is amended the amendment must of course be
agreed to by the other party before it takes effect. After full
ratification by both parties the President proclaims the treaty
and it then becomes the law of the land.** As respects the
rights of either government under it, a treaty is considered as
concluded and binding from the date of its signature, but in
the United States it only becomes the law of the land affect-
ing the rights of individuals upon proclamation by the Presi-
dent.°? While a treaty so made ratified and proclaimed is
regarded as binding on the United States, it may fail of exe-
cution for want of the necessary legislation to carry it into
effect, unless such legislation is obtained before the final ex-
change of ratifications. Under the distribution of governmen-
tal powers in the United States, Congress may refuse to ap-
propriate money or pass laws necessitated by the treaty, or
state legislatures may fail to give effect to its provisions. The
President and Senate, though clothed with full power to make
the treaty, have no power to compel Congress or the States to
act.°*

In Great Britain the power to make treaties is a prerogative
of the Crown, but in fact exercised by a ministry responsible.
to Parliament. This power includes that of ratification, and
it is not the practice to submit treaties to Parliament before
ratification. Where legislation is necessary to carry the treaty
into effect, it is customary to procure the legislation in advance
of the exchange of ratifications. In discussing the rule as to
ratification of British treaties in the House of Lords, Earl
Grey said: “Ever since I have been in Parliament I have in-
variably heard the rule of our Constitution and of Parliament
stated by the highest authorities to be this—that treaties were
never to be laid before Parliament until they had been rati-
fied; that the responsibility of ratifying or refusing ratification

50Ex. Journal IX, 306, 312, X, 139, 144. XXIV, 141, 205, XXX, 358,
359; 377, 378.

51 Moore Int. L. Dig. V, 210.

52U. S. v. Arredondo, 6 Peters, 691, 748. Hower v. Foker, 9 Wall. 32.

68 Wheaton 266. Foster v. Neilson, 2 Peters, 314.
INTERNATIONAL LAW 67

rested with the ministers; that when a treaty had been ratified
it was quite competent for Parliament to censure the conduct
of ministers, and that the Crown had never been in the habit
of abdicating responsibility and presenting treaties before they
were signed.”** Later Mr. Asquith, replying to a question,
said that if a treaty involved any alteration of statute law the
assent of Parliament was needed, and if it required funds to
carry it into effect it would be proper to submit the matter to
the House before the treaty was ratified.”

In France the power to make and ratify treaties is defined
by Article VIII of the Constitutional law of 1875 which pro-
vides that the President of the Republic negotiates and ratifies
the treaties. He is to inform the Chambers in regard to them
as soon as the interest and safety of the state permit. Treaties
of peace, of commerce, that engage the finances of the State,
those that relate to the status of persons and to the right of
property of Frenchmen abroad are not definitive until they have
been voted by the two Chambers.” From this it appears that
treaties of the excepted classes require full legislative sanc-
tion in France before they become operative. The legislative
approval is given in the form of a law authorizing the Presi-
dent to ratify the treaty and cause it to be executed. This
action, like that of the Senate of the United States, regularly
follows the signing and precedes the ratification of the treaty.”

The King of Belgium makes treaties but “Treaties of com-
merce or imposing obligations on the Belgians mitst be ratified
by both houses,” and ‘No act of the King shall have any ef-
fect, if it be not countersigned by a Minister who, by this act
alone, makes himself responsible.””*

For The Netherlands the king makes and ratifies treaties
but, treaties that contain provision for changes of the territory
of the state, that impose on the kingdom pecuniary obligations,
or that contain any other provision concerning rights estab-

54 Hansard’s Debates, CCVI, 1106.

53 197 Parl. Debates, 1236.

56 Dodd, Modern Constitutions, I, 292.
57 Crandall, Treaties &c., § 130.
58Const. of Belgium, Art. 64.
68 INTERNATIONAL RELATIONS

lished by law shall not be ratified by the King until after their
approval by the States-General, unless the power has been
given the King by law to conclude such treaty.”

The Constitution of Italy contains similar provisions. The
King makes treaties, but those that involve financial obliga-
tions, or a change of territory of the state, do not have effect
till they have received the assent of the Chambers. Legisla-
tive approval is given in the form of a law authorizing the
treaty to be carried into effect.

The King of Spain has power to make treaties but requires
authorization by law: To alienate, cede or exchange any part
of Spanish territory; To incorporate any other territory into
Spanish territory; To admit foreign troops into the kingdom;
To ratify treaties of offensive alliance, special treaties of com-
merce, those that stipulate to give subsidies to any foreign
power, and all those that may be binding individually on
Spaniards.**

For Switzerland treaties are negotiated by the Federal Coun-
cil and ratified by the National Assembly.** The Cantons like
the American States are forbidden to make treaties with for-
eign nations.

The kings of Sweden, Norway, Denmark and the Balkan
States make treaties, the King of Sweden after consultation
with the Minister of State and two other members of the
Council of State, but he cannot dispose of any part of the
kingdom.* ‘A similar restriction is placed on the power of
the King of Denmark and also prohibiting him from entering
into any engagement for a change of the existing constitu-
tion.** In the Balkan States legislative assent is necessary in
certain cases. The Emperor of Japan has full power to make
and ratify treaties.”

59 Dodd, Modern Constitutions, II-91.
60 Dodd, Modern Constitutions, II-5.
61 Crandall, Treaties &c. § 146.

62 Const. of Switzerland, Arts. 8-85-95.
68 Dodd, Modern Constitutions, II-219.
64 Brit. & For. State Papers, 58-1235.
85 Dodd, Foreign Constitutions, II-25.
INTERNATIONAL LAW 69

For Mexico and Cuba treaties are made by the President but
must be ratified by the Senate. In all the other American
Republics legislative ratification is required.

In the manner pointed out by the constitutions of the vari-
ous nations respectively treaties in very great number have
been negotiated and ratified by the nations. A very large ma-
jority of these treaties are between pairs of states and do not
purport to affect other states. The influence of these treaties
in promoting peaceful relations and commercial intercourse
has been very great. The instances in which nations refuse to
fulfill-their treaty obligations are rare and exceptional. Like
contracts between private persons, they fix the rights of the
parties, and afford their citizens rules of property and of con-
duct. Where all their provisions are given the same interpre-
tation by both parties and faithfully observed, the relations of
the nations that are parties to them in the field covered by the
treaty are satisfactorily adjusted. But with them, as with
private contracts, there are cases in which the parties disagree
as to the meaning of the treaty, and cases in which one of the
parties refuses to abide by its terms. If the parties to a private
contract differ as to its meaning there is in every civilized
state a court with power to decide between them on the appli-
cation of either party and due notice to the other. If one
party refuses to perform his obligation the court has power to
and will compel him to do so. When nations disagree as to
the meaning of their contracts or refuse to abide by them
there is no court to resort to. The various arbitration treaties
that have been entered into, except that of the Central Ameri-
can Republics with each other, require another treaty, desig-
nating the arbitrators and stating the question to be submit-
ted to their decision. Having made an award the arbitrators
have no power to enforce performance of it. Arbitration has
been very useful in settling disputes between nations mutually
desirous of maintaining friendly relations. It fails utterly if
one of the parties is seeking occasion for war. The alterna-
tives presented to the aggrieved party in case of the violation

66 Crandall, Treaties &c., § 153.
70 INTERNATIONAL RELATIONS

of a treaty are, a new treaty or agreement to arbitrate if the
other party will consent, or war.

The questions arising with reference to the interpretation of
treaties are clearly susceptible of judicial determination. Most
of the rules used as guides for determining the meaning of
private contracts are recognized in international law as also
applicable to treaties, but there are some slight exceptions.
Where duplicate originals in the different languages of each of
the parties are executed, both must be construed together and
harmonized if possible. Where there was a clear discrepancy
in the texts of a treaty between Spain and the United States, it
was held that the text in the language of the grantor, Spain,
must prevail over that in the language of the grantee.” In
the United States treaties become a part of the law of the land
and are enforced as such by the courts. If a construction has
been given to the treaty by both parties it will be followed by
the courts, and the courts of the nation will ordinarily follow
the construction placed upon it by the political department of
the government, though they are not bound to do so. Gen-
erally the meaning of a treaty is to be ascertained by the same
rules of construction and course of reasoning as is applied in
the interpretation of private contracts. Vattel discusses the
interpretation of treaties very ably and at much length and
lays down a number of rules to be observed.” All of them are
designed to aid in arriving at the real intent of the parties.

Where only two nations are concerned in the matter of a
treaty, it is entirely competent to dispose of it by agreement
in any manner they mutually see fit, but, as the intercourse of
nations is extended, a network of varied interests arises, for
the adjustment of which an agreement of a number or even of
all the nations becomes necessary. The preservation of peace
is always a matter of interest to all the nations having inter-
course with those between whom a matter of difference arises.

67 U. S. v. Arredondo, 6 Peters (U. S.) 601-741.

68 Castro v. De Uriarte, 16 Fed. 93-98. 38 Cyc. 970.

69J Kent, 174, Grotius B. 2, c. 16.1. Vattel B. 2, c. 17, § 270. Puf-
fendorf, 5-12-1. Foster v. Neilson, 2 Peters (U. S.) 253.

70 Vattel B. 2, c. 17, § 311 to 321.
INTERNATIONAL LAW 71

These considerations have led to conferences of plenipoten-
tiaries of a number of nations at which conventions were
signed by some or all of them covering the particular matter
under consideration. These conferences have multiplied in
recent years, and many of them have produced conventions
designed to be world wide in their effect, and to which all the
nations have been invited to adhere and become parties. The
work of these conferences foreshadows a general system of
formulating international law by bodies representing all the
nations.

Some idea of the recent growth and decay of states as well
as of the progress of treaty making among the nations may
be gained from the treaties made by the United States with
other powers since the colonies gained their independence.
From 1782 to 1799 inclusive sixteen treaties were concluded
with different nations as follows: Algiers 1, France 3, Great
Britain 6, The Netherlands 2, and Prussia, Spain, Sweden and
Tripoli, one each. Since then more than four hundred and
fifty separate treaties with different countries have been con-
cluded. Of the countries with which these later treaties have
been made, twenty are republics in the Americas, which have
come into being since the beginning of the nineteenth century.
Of the nations in the eastern hemisphere with which treaties
have been made by the United States, twenty-eight have ceased
to exist as independent sovereignties, and new sovereignties
which did not exist at the time of our revolutionary war to the
number of eight are included. Of the whole list only eighteen
which were then independent nations still retain their political
integrity, and many changes in the territorial possessions of
these have taken place. Among these are included China,
Japan, Siam and Persia, two of which date back far beyond
the Christian era. Of the treaties above mentioned fifty have
been between the United States and Great Britain and forty
with Mexico. Many of these treaties with the last mentioned
countries deal with questions of boundary and other conflict-
ing claims of neighboring nations. Most of the other treaties
relate to trade, patents, designs, copyright, extradition, claims,
arbitration or naturalization. Recently conventions covering
72 INTERNATIONAL RELATIONS

most of these subjects have been entered into by considerable
numbers of states with uniform provisions between all of them
granting reciprocal rights.

In the early history of the United States treaties with the
Indians were matters of great public interest. The first one
made after the breaking out of the Revolutionary War was
with the Delawares in 1778. It begins with a provision that
all acts of hostility committed by either party against the other
shall be “mutually forgiven, and buried in oblivion, never
more to be had in remembrance.” It then recites the existence
of war against the King of England, and provides for the
passage of the troops of the United States across the lands of
the Delawares and for such supplies as they can furnish to be
paid for by the commanding officers, “And the said deputies on
behalf of their nation, engage to join the troops of the United
States aforesaid with such a number of their best and most
expert warriors as they can spare, consistent with their own
safety, and act in concert with them.” It then provides for
the erection of a fort for the security of the old men, women
and children of the tribe, and a garrison of as many troops
as the United States can spare, and guarantees the Delawares
the possession of all their territorial rights.

The next treaty made was with the Six Nations in New
York. It was a treaty of peace, and provided for the giving of
six hostages to remain in possession of the United States “till
all the prisoners, white and black, which were taken by the
Senecas, Mohawks, Onondagas, and Cayugas, or any oi them,
in the late war, from among the people of the United States,
shall be delivered up.” This treaty was concluded in 1784,
and by it the western boundary of their lands was defined.
Since then treaties have been concluded with more than three
hundred tribes and bands, ratified by the Senate and pro-
claimed by the President. Many different treaties were made
with some of the tribes; with the Sioux thirty ; the Chippewas
forty-three and with the Pottawatomies forty-four. This
mode of dealing with the Indians was terminated by an act
of Congress passed in 1871, which prohibited the making of
INTERNATIONAL LAW 73

any more treaties with Indian nations or tribes. While the
theories that the tribes were sovereignties, capable of making
treaties, and that they and their members were wards of the
government and under its special care and protection, appear
to be contradictory, both have in practice served very useful
purposes. Though the Indians had no law of land title, they
claimed the forests and prairies as their hunting grounds and
the streams and lakes as their fishing preserves. They had
such possession of the country as their habits of life allowed.
Their right of occupancy antedated that of the whites, and
could not be denied on any moral ground. The government
therefore procured relinquishments of their rights by treaty
before granting the land to white settlers. On the other hand
the Indians had no comprehension of values, and if allowed to
deal freely with the whites would have been easily defrauded.
The government therefore protected them. These policies
have put an end to Indian warfare, allowed the whites to set-
tle and improve the country, and preserved the Indians. All
statements as to the number of Indians in the United States
in early times are mere estimates based on very insufficient
data. In 1782 Thomas Jefferson inquired into the subject,
and his authorities varied in their estimates of the number
within the limits of-the territory of the United States at that
time, which extended only to the Mississippi on the west and
to Florida on the south, from 9,100 (in 1759) to 25,080 (in
1768), and of Indians outside the United States from 10,400
(in 1759) to 31,630 (in 1764)."* In 1890 the number in the
United States, exclusive of Alaska, as shown by the Census
was 248,253, of whom 58,806 were civilized and taxed. In
1911 the number had increased to 307,913."* Though the ter-
ritory of the five Civilized Tribes (Cherokees, Choctaws,
Chickasaws, Creeks, and Seminoles), had been greatly re-
duced, the development of agricultural and mineral wealth on
their lands has caused many of them to be very wealthy. There

71 Revised Statutes § 2079.

72 y1th Census, Part 3, p. III5.

78 r1th Census, Part 3, p. 1128.

74 Statistical Abstract of 9911, p. 27.
74 INTERNATIONAL RELATIONS

has been much intermixture of white blood among them, and
many of them are highly cultured and very delightful people.
Many tribes have received individual allotments of land and
become citizens of the United States. The descendants of the
formerly dreaded savages are now our neighbors and friends.
Treaty-making and guardianship have wrought the much de-
sired results. These treaties are published in a large volume
of 1053 pages and are full of matter of great interest to the
student of American History.”*

EuROPEAN POLITICAL CONGRESSES

The Thirty Years’ War, which devastated Europe, espe-
cially Germany, from 1618 to 1648, involved so many states
that its settlement required a congress of all the leading pow-
ers. The peace of Prague, concluded in 1835 by only a part
of the belligerents with the purpose of binding all, failed to
satisfy the others and the savage warfare continued. It was
stimulated by the combined venom of political ambition and
priestly and religious hatred. Schiller in his Thirty Years’
War gives a vivid picture of the desolation of Germany and
the savagery of both soldiers and civilians. In 1642 it was
arranged that representatives of Austria, Spain, France, and
the Catholic states, should meet at Munster under the media-
tion of the Pope and the republic of Venice, and that the rep-
resentatives of Sweden and the Protestant states should meet
at Osnabriick under the mediation of the King of Denmark.
But no meeting took place till 1644, and then the diplomats
quarreled month after month over. matters of precedence and
ceremonial without making any attempt at negotiations. By
the summer of 1645 a great concourse of diplomats and states-
men, representing all the principal Christian states of Europe,
except Great Britain, had assembled, and such progress had
been made that specific propositions were lodged with the
mediators. These were discussed for two years without any
progress being made, but the accumulated misfortunes and
necessities of parties finally brought them to an agreement,
and the treaty was signed at Munster on September 9, 1648.

75 Compilation of Indiari Treaties. (Govt. Print.)
INTERNATIONAL LAW 79

By its terms the independence of Switzerland was acknowl-
edged, France gained the bishoprics of Metz, Toul, and Ver-
dun, the province of Alsace, and from the Duke of Savoy the
town of Pignerol in Piedmont. Sweden acquired Upper
Pomerania, the Isle of Rugen and various towns on the Baltic.
Spain had acknowledged the independence of the Netherlands,
June 30, 1648. Other territorial adjustments were made
which now appear unimportant. The religious controversy
had been the most virulent and tenacious, and proved to be
one of the most difficult to settle. The Peace of Passau was
finally taken as a basis, and the Calvinists were admitted to
equal privileges with the Lutherans. Equality of religious
rights was accorded to Catholic, Lutheran, and Calvinist
princes and states. All benefices were to be restored to the
condition in which they were on January 1, 1624, except those
in the dominions of the Elector Palatinate, the Margrave of
Baden, and the Duke of Wiirtemberg, as to which the defini-
tive period was fixed at 1618."

The Germanic Empire as finally constituted by this treaty,
which is referred to in history and by writers on international
law as the treaty of Westphalia, was composed of three hun-
dred and fifty-five states, each claiming sovereignty, but of
very unequal extent and power. From the conclusion of
this treaty the policy of European statesmen with reference
to the maintenance of the balance of power took its rise. It
has exerted a most potent influence on the diplomacy of
Europe until very recent times. Ostensibly designed to avoid
conflicts by preventing any nation from gaining a position of
mastery, it has led to a multiplicity of combinations and
counter combinations in which have been the seeds of numer-
ous wars. The treaty of Westphalia did not bring an end to
the war then raging between France and Spain, and the years
following were far from peaceful in western Europe. The
ambitions and fears of rulers gave rise to the doctrine of
balance of power, rather than of the rights of people. It has

76 Hoosack, Law of Nations, 221-5. Shiller, 30 Years War, 330.

77 Hoosack, Law of Nations, 226.

78 Taylor $ 70.
76 INTERNATIONAL RELATIONS

been defined as ‘‘a constitution subsisting between neighboring
states more or less connected with one another, by virtue of
which no one among them can injure the independence or
essential rights of another, without meeting with effectual re-
sistance on some side, and consequently exposing itself to
danger.” The scheme of maintaining a balance of power was
not backed by any organization for its enforcement. Each
nation remained sole judge of the occasion when it would
throw its weight into the scale to aid the weaker power. Con-
cert of action among the powers was not secured by any gen-
eral supervising tribunal or congress, but depended on diplo-
macy and narrow views of interest in each particular contro-
versy as it arose. It was from time to time undermined and
countermined by secret diplomacy and alliances to overthrow
it and gain mastery. Louis the XIV of France pursued a
settled policy of aggression, and in the early years of his reign
greatly increased and extended the power of France, but wars
brought poverty to his subjects and exhaustion to the king-
dom. Defeat and loss of all his great prestige embittered the
closing years of his long reign. The treaties of Breda, 1667,
of Nimwegen, 1678-1679, and of Ryswick, 1697, marked sus-
pensions of hostilities, shifting of boundaries, abandonment of
pretensions, rise of new combinations and abandonment of old
ones, but no approach toward a general combination of all to
preserve the peace and promote their mutual welfare.

The war of the Spanish succession, which raged from 1701
to 1713, was terminated by the peace of Utrecht. The war
resulted from the conflicting ambitions of crowned heads, and
the terms of the treaty which ended it indicate the issues which
had been fought out. Its leading stipulations were that Philip
V, grandson of Louis XIV of France, should retain the
Spanish throne upon his renunciation of all right to the crown
of France, that the dukes of Berry and Orleans should like-
wise renounce their claims to the throne of Spain, and that
the two crowns should never be united on the same head. The
ambition of the French king to combine the two kingdoms in
one and thereby upset the balance of power had been defeated
by an alliance including England, Holland, Austria and the
INTERNATIONAL LAW 77

Empire, and Portugal. His allies were the elector of Bavaria,
and the dukes of Modena and Savoy, with such aid as disor-
ganized Spain could give him. Great Britain received from
France an express recognition of the right of the Hanoverian
succession to the British throne, consent to the expulsion of
the pretender from French soil, and recognition of the sover-
eignty of Great Britain over Hudson’s Bay and Straits, St.
Kitts, Nova Scotia, and Newfoundland with the adjacent
islands, France reserving however Cape Breton and the is-
lands at the mouth of the St. Lawrence, with certain fishing
rights on the Newfoundland coast; and from Spain the ces-
sion of Gibraltar and Minorca. Philip of Spain was required
to cede to Charles of Austria his possessions in Italy, the
Spanish Netherlands and the island of Sardinia. The island
of Sicily was given to the duke of Savoy; Sardinia was as-
signed to the elector of Bavaria; Holland received Namur,
Charleroi, Luxembourg, Ypres and Nieuport, but restored
Lisle and its dependencies, and the king of Prussia exchanged
Orange and his possessions in Franche-Comté for Upper
Gelders.”

By the peace of Nystadt, concluded August 30, 1721, Rus-
sia acquired from Sweden, Livonia, Esthonia, Ingermanland,
part of Carelia, Riga, Rivel, Wiborg, and the island of Oesel;
by the peace of Aix-la-Chapelle, October 18, 1748, the war of
the Austrian succession was terminated and the territorial
boundaries of the combatants settled; France, Great Britain
and Holland were the parties and Spain, Austria, Genoa and
Modena assented to it; and by the peace of Paris, February
10, 1763, the seven years war, which involved the American
colonies in the broils of the European powers, was brought to
anend. Great Britain, France, Spain and Portugal had fought
for mastery in the western world and in the far east. In the
same month, by the peace of Hubertsburg, Prussia, Austria
and Saxony settled for the time their conflicting claims to
European dominions. By the treaty of Paris, France gave
up to Great Britain substantially all her claims of territory in

79 Halleck, I, 335. Russell, Hist. Mod. Eur. ii, 195. Dumont Corps
Dipl. t. vi. Taylor § 76. .
78 INTERNATIONAL RELATIONS

America east of the Mississippi River, and to Granada, St.
Vincent, Dominique, and Tobago, in the West Indies, receiv-
ing in return only Guadaloupe, Desidrade, Mariegalante,
Martinique, Belleisle, and St. Lucia in the West Indies and
Pondicherry and a district on the coast of India in the east.*°

By a series of treaties concluded in 1772, 1793 and 1795
Poland was divided among Prussia, Austria and Russia, and
ceased its national existence. The partition of Poland by
these three autocratic powers has been universally condemned
by lovers of liberty in every country. It was a gross and
palpable violation of the first principle of international law,
which accords to each nation the right of existence. It violated
the principle of the balance of power by a combination of three
for the destruction of one. By a similar method all the small
states might be absorbed by the great ones agreeing on a di-
vision of their territories.™

On September 3, 1783, for the first time in the history of
the world, a treaty was signed by a power of Europe with an
American state. Preliminary articles had been settled late in
the preceding year, but the execution of the definitive treaty
was delayed till that date. On the same day were als) signed
at Versailles the definitive treaties between Great Britain,
France, and Spain. Great Britain acknowledged the independ-
ence of the United States, France recovered possessions in
both the East and West Indies, and Spain gained Florida and
Minorca.** Prior to this time the European states had fought
among themselves for possessions in the new world, and had
disposed of countries far more valuable now than all their
home possessions, as mastery shifted with the fortunes of
war. In the great war which has just closed, this new na-
tion, which then came into existence, has intervened in Eu-
rope, not for conquest or gain of any kind, but to bring peace
and security to the world. :

The French revolution and the rise of Napoleon threatened,
not merely the overthrow of the balance of power in Europe,

80 Taylor § 80.

81 Martens, Recueil &c. II, 80.
82 Martens, Recueil &c. III, 503.
INTERNATIONAL LAW 79

but the overthrow of the doctrine of the divine right of kings
to rule. With the slogan of “war to the palace but peace to
the cottage” Napoleon drew to his support the liberal forces
of Europe and recruited his armies in the countries he over-
ran. Great Britain alone of all the great nations pursued a
course of steady and persistent hostility to him until his final
defeat at Waterloo. As a result of the wars the map of Eu-
rope had been greatly changed; old states had disappeared and
new ones had come into existence. The claims of hereditary
rulers had been ignored and new governments established.
The victory was with the reactionaries, but the war had con-
tinued so long that mere restoration of the status quo ante did
not satisfy the rulers. To reconstruct the map required a gen-
eral agreement among the powers. After the abdication of Na-
poleon on April 11, 1814, and the conclusion of the first peace
of Paris, the treaty then executed provided for a congress of
plenipotentiaries of all the powers that had been engaged in
the war to meet at Vienna. This Congress was attended by
the monarchs of Russia, Austria, Prussia, Denmark, Bavaria
and various smaller German states, and by Wellington, Castle-
reagh, Talleyrand, Nesselrode, Hardenberg, Metternich, and
Stein. It was the greatest congress, both in the number of
states represented and the prominence and ability of the men
who attended it, that had ever been held. It resulted in a gen-
eral treaty to which all were parties. Though its fundamental
purpose was to restore the power of despots who had been
deposed by the people, and maintain that of those who had
been able to retain their power, it marked a great stride for-
ward in the method of making treaties. The interests of all
the nations were considered in and fixed by a congress in
which all were represented. The fundamental fault in it was
that the representation was of rulers, not of people. By the
treaty the boundaries of France were restored to about the
same condition as in 1792; Austria took back what Napoleon
had wrested from her; Prussia regained substantially her for-
mer possessions ; Ferdinand IV was reestablished on the throne
of Naples with the two Sicilies; a new Germanic Confedera-
tion was formed; Genoa was united to Sardinia; Venice to
80 INTERNATIONAL RELATIONS

Austria; Norway to Sweden; Belgium and Luxembourg to
Holland under the King of the Netherlands, and a part of
Saxony was added to Prussia. The relative ranks of ambassa-
dors and ministers was defined in order to remove the con-
flicts which had existed as to precedence among them.**

The combination formed by Austria, Russia, Prussia and
Bourbon France, under the style of the Holy Alliance, was
for the avowed purpose, as expressed in a circular declaring
their intentions, “to repel the maxim of rebellion, in whatever
place and under whatever form it might show itself.” It was
signed by the sovereigns of the three first named countries
without any ministerial counter signatures, with the words
“Au nom de la tres Sainte et indivisible Treinité’ prefixed.**
Its fundamental purpose was to maintain the doctrine of the
divine right of kings and repress the growing demand for
popular government.

The Crimean war brought out the combination of the two
Christian states of Great Britain and France with Mohamme-
dan Turkey to resist the aggression of Christian Russia. The
Congress of Paris of 1856 at which the terms of peace were
settled was attended by ambassadors of the Sultan, the first of
that power to appear in a congress of European powers, and
of Great Britain, France, Austria, Russia and Sardinia. The
consolidation of the Italian states under the king of Sardinia
in 1861, the rise of Prussia at the expense of Denmark, Aus-
tria and France, followed by the consolidation of the German
states and the assumption of the title of German Emperor by
the king of Prussia at Versailles January 18, 1871, the Con-
gress of Berlin following the treaty of San Stefano in 1878,
which dealt with the boundaries and status of the Balkan
States, all affected the balance of power in Europe, but, in-
stead of bringing a general feeling of peace and security, were
attended with ever-growing armaments and military and naval
preparations for war. Efforts to equalize forces and balance
powers at last culminated in the Triple Alliance formed by
Germany, Austria and Italy, and the Triple Entente by Great

88 Taylor, § 85-86. Kliiber. Acten des Wiener Congresses VII, § 48.
84 Manning, 82, 84. Taylor § 87.
INTERNATIONAL LAW 81

Britain, France and Russia, and the great war just concluded.
As a means of preserving peace the balance of power has been
a most dismal and disastrous failure. It produced its logical
fruit, great combinations and preparations for war, and then
a war to test the relative strength of the combinations. Eu-
rope had made progress in the art of combination, but not in
the art of promoting peace. Questions without number had
been settled by wars and the treaties which terminated them,
but the doctrine of absolute, ultimate sovereignty in each na-
tion left Europe as an anarchistic community of nations, ready
at all times for conflict with each other. The establishment of
a police force to preserve the peace and guarantee the security
of all would be futile so long as the doctrine of ultimate sov-
ereignty and power to decide every question was asserted by
each state and backed by all its military and naval strength.
Abdication of this sovereignty by each and the transference of
the ultimate power to settle international disputes to deliber-
ative, judicial and executive agencies representing all the na-
tions, not merely of Europe, but of the new world of America
and the old world of Asia also, is manifestly the next step to
be taken in the effort to bring peace to the earth. :

Prior to the treaty of 1783, which recognized the independ-
ence of the United States, there had been no sovereign power
on the western continent recognized as such by the nations of
Europe. Diplomatic relations had not then been established
with the Asiatic nations. European potentates claimed sover-
eignty over remote lands by right of discovery and prior oc-
cupancy, priority meaning over other Europeans. The rights
of the aborigines were not deemed important. The Euro-
peans are entitled to the credit of having brought the people
of all parts of the earth into communication with each other,
and planting colonies among the most savage tribes and in the
waste places. About 1810, during the dominance of Napoleon
in Spain, most of its American colonies revolted and main-
tained their independence thereafter. While Napoleon domi-
nated the Iberian Peninsula in 1807, the royal family of Portu-
gal moved to Brazil and maintained its court there, thus pre-
senting the novel situation of a Furopean kingdom ruled from
82 INTERNATIONAL RELATIONS

America. Brazil became independent in ,1822 with Dom
Pedro as its emperor. There are now twenty-one republics in
the Western Hemisphere, all of which are parties to the Uni-
versal Postal Union. The general political situation from the
time of the restoration of the Bourbons to power in France
till 1848 was that the governments of Europe, Asia and Africa
were monarchical, while those in America were republican.
It is true that republican sentiment was growing and able at
some times and places to make gains and limit arbitrary power,
but autocracy was dominant in the concert of European
powers.

To the United States is due the credit of bringing into the
ereat family of nations the theretofore most exclusive king-
dom of Japan, which now occupies such a commanding posi-
tion in the far east. On June 22, 1855, a treaty of peace,
amity and commerce with that country, which had been nego-
tiated by Admiral Perry, was proclaimed by the President.
Since then Japan may fairly be said to have been the most
progressive nation on earth, to have exhibited the most wis-
dom in its willingness to learn from others, and in its ca-
pacity for adapting what it has learned from civilizations so
different from its own to its own needs. China too has ab-
sorbed more of the spirit of western civilization, and has over-
thrown its paternal despotism and undertaken the organiza-
tion of a republic. With the greatly increased facilities for
travel and transportation there are now no far away countries.
By means of cables and wireless telegraphs instantaneous inter-
communication can be had between any two governments on
earth. It is not alone the ships of Europe that visit the ports
of America and Asia, but the ships of America and Asia visit
the ports of Europe. The family of nations includes those
on all continents, and no congress of representatives is compe-
tent to legislate for the seas unless America and Asia, as well
as Europe, are represented.

Since these great changes have come about in the general
world situation, congresses of a very different kind from
those we have just been considering have been held. Those
we have been considering have dealt almost exclusively with
INTERNATIONAL LAW 83

questions of sovereignty, boundaries, alliances and political
combinations. We shall take up hereafter a much more hope-
ful line of diplomatic work, dealing only with common inter-
ests and for the common good. The progress that has been
made in this work in the last half century is most remarkable,
but it also brings forcibly to view the imperative needs of more
efficient and more just methods of dealing with matters of
general concern to all the nations.

Before proceeding to a consideration of these international
conventions there is another line of political interest to be con-
sidered. America, though now peopled mainly by Europeans
and descendants of Europeans, has always had its own ideals
of social organization and government. These have been the
result of a combination of influences, some of which have not
affected Europeans. The free life of the native Indians and
the environments of the early settlers taught them self-reliance
and inspired them with a love of liberty. Separation from
Europeans and infrequent communication with them allowed
students of history to freely compare the ideals of ancient
Greece and Rome with those of the rulers of modern Europe.
These ideals produced the republics, and when they were men-
aced the Monroe doctrine.

Tue Monroe DoctTRINE

In pursuance of its purpose “to put an end to the system of
representative governments” in Europe, the Holy Alliance
crushed the Neapolitan revolution of 1820, and France at its
behest invaded Spain in 1823 to overthrow the constitution of
the Cortes and restore the autocracy of Ferdinand VII. In
the summer of that year the Alliance notified Great Britain
that, as soon as France should complete the overthrow of the
revolutionary government of Spain, a corfgress would be
called for the purpose of terminating the revolutionary gov-
ernments of South America. These governments had then
been recognized by the United States, but not by Great Britain
or other European governments. In England, Castlereagh,
who was regarded as in sympathy with the Holy Alliance,
yielded the direction of foreign affairs to Canning, an advo-
84 INTERNATIONAL RELATIONS

cate of the right of self-government and opponent of the in-
vasion of Spain by France. English merchants were deeply
interested in the trade with South America, and their interests
would be seriously menaced by armed intervention by the other
powers. Canning therefore suggested to the American Min-
ister at London that a joint declaration against the proposed
intervention be made by Great Britain and the United States.
The correspondence on the subject was transmitted from Lon-
don and submitted to President Monroe, who called on Jef-
ferson, then in retirement, for his advice in the matter. Jef-
ferson’s views as to the importance of the subject and the
policy which should be adopted appear from his letter of Oc-
. tober 24, 1823, in which he said: “The question presented by
the letters you have sent me, is the most momentous which
has ever been offered to my contemplation since that of inde-
pendence. That made us a nation; this sets our compass, and
points the course which we are to steer through the ocean of
time opening on us. And never could we embark on it under
circumstances more auspicious. Our first and fundamental
maxim should be, never to entangle ourselves in the broils of
Europe; our second, never to suffer Europe to intermeddle
with cis-Atlantic affairs. America, North and South, has a
set of interests distinct from those of Europe, and peculiarly
her own. She should, therefore, have a system of her own,
separate and apart from that of Europe. While the last is la-
boring to become the domicile of despotism, our endeavor
should surely be, to make our hemisphere that of freedom.
One nation, most of all, could disturb us in this pursuit; she
now offers to lead, aid, and accompany us in it. By acceding
to her proposition, we detach her from the band of despots,
bring her mighty weight into the scale of free government,
and emancipate a continent at one stroke, which might other-
wise linger long in doubt and difficulty. Great Britain is the
nation that can do us the most harm of any one, or all, on
earth; and with her on our side we need not fear the whole
world. With her, then, we should most sedulously cherish a
cordial friendship; and nothing would tend more to knit our
affections, than to be fighting once more, side by side, in the
INTERNATIONAL LAW 85

same cause. Not that I would purchase even her amity at the
price of taking part in her wars. But, the war in which the
present proposition might engage us, should that be its conse-
quence, is not her war, but ours. Its object is to introduce
and establish the American system, of keeping out of our land
all foreign powers, of never permitting those of Europe to
intermeddle with the affairs of our nations. It is to maintain
our own principle, not to depart from it. And if, to facilitate
this, we can effect a division in the body of European powers,
and draw over to our own side its most powerful member,
surely we should do it. But I am clearly of Mr. Canning’s
opinion, that it will prevent instead of provoking war. With
Great Britain withdrawn from their scale, and shifted into
that of our two continents, all Europe combined would not
undertake such a war. For how would they propose to get at
either enemy without superior fleets? Nor is the occasion to
be slighted which this proposition offers, of declaring our pro-
test aganst the atrocious violations of the rights of nations,
by the interference of any one in the internal affairs of an-
other, so flagitiously begun by Bonaparte, and now continued
by the equally lawless Alliance, calling itself Holy.’’*”

President Monroe chose to deal with the matter in the form
of a message to Congress delivered December 2, 1823, in
which he said:

“At the proposal of the Russian Imperial Government, made
through the minister of the Emperor residing here, a full
power and instructions have been transmitted to the minister
of the United States at St. Petersburg to arrange, by amicable
negotiation, the respective rights and interests of the two
nations on the north-west coast of this continent. A similar
proposal has been made by his Imperial Majesty to the Govern-
ment of Great Britain, which has likewise been acceded to.
The Government of the United States has been desirous, by
this friendly proceeding, of manifesting the great value which
they have invariably attached to the friendship of the Emp-
eror, and their solicitude to cultivate the best understanding

85 Jefferson’s Works, IV, 381.
86 INTERNATIONAL RELATIONS

with his Government. In the discussions to which this interest
has given rise and in the arrangements by which they may
terminate, the occasion has been adjudged proper for assert-
ing, as a principle in which the rights and interests of the
United States are involved, that the American continents, by
the free and independent condition which they have assumed
and maintain, are henceforth not to be considered as subjects
for future colonization by any European Powers.

“Tt was stated at the commencement of the last session that
a great effort was then making in Spain and Portugal to im-
prove the condition of the people of those countries, and that
it appears to be conducted with extraordinary moderation. It
need scarcely be remarked that the result has been so far very
different from what was then anticipated. Of events in that
quarter of the globe, with which we have so much intercourse,
and from which we derive our origin, we haye always been
anxious and interested spectators. The citizens of the United
States cherish sentiments, the most friendly, in favour of the
liberty and happiness of their fellow men on that side of the
Atlantic. In the wars of the European Powers in matters re-
lating to themselves, we have never taken any part, nor does
it comport with our policy to do so. It is only when our rights
are invaded, or seriously menaced, that we resent injuries or
make preparation for our defense. With the movements in
this hemisphere we are of necessity more immediately con-
cerned, and by causes which must be obvious to all enlightened
and impartial observers.

“The political system of the Allied Powers is essentially
different in this respect from that of America. This differ-
ence proceeds from that which exists in their respective Gov-
ernments. And to the defense of our own, which has been
achieved by the loss of so much blood and treasure, and ma-
tured by the wisdom of their most enlightened citizens and
under which we have enjoyed unexampled felicity, this whole
nation is devoted. We owe it, therefore, to candour and to-
the amicable relations existing between the United States and
those Powers to declare that we should consider any attempt
on their part to extend their system to any portion of this
INTERNATIONAL LAW 87

hemisphere as dangerous to our peace and safety. With the
existing colonies or dependencies of any European Power we
have not interfered, and shall not interfere. But with the
Governments who have declared their independence and main-
tained it, and whose independence we have, on great considera-
tion and on just principles, acknowledged, we could not view
any interposition for the purpose of oppressing them, or con-
trolling in any manner their destiny by any European Power,
in any other light than as the manifestation of an unfriendly
disposition towards the United States. In the war between
those new Governments and Spain, we declared our neutrality
at the time of their recognition, and to this we have adhered,
and shall continue to adhere, provided no change shall occur
which in the judgment of the competent authorities of this
Government shall make a corresponding change on the part
of the United States indispensable to their security.

“The late events in Spain and Portugal show that Europe is
still unsettled. Of this important fact no stronger proof can
be adduced than that the Allied Powers should have thought
it proper, on a principle satisfactory to themselves, to have in-
terposed by force in the internal concerns of Spain. To what
extent such interposition may be carried on the same principle
is a question to which all independent Powers whose Gov-
ernments differ from them are interested, even those most
remote, and surely none more so than the United States. Our
policy in regard to Europe which was adopted at an early
stage of the wars which have so long agitated that quarter of
the globe, nevertheless remains the same, which is not to inter-
fere in the internal concerns of any other Powers; to consider
the Government de facto as the legitimate Government for
us; to cultivate friendly relations with it, and to preserve those
relations by a frank, firm, and manly policy; meeting in all
instances the just claims of every Power, submitting to in-
juries from none. But in regard to these continents, circum-
stances are eminently and conspicuously different. It is im-
possible that the Allied Powers should extend their political
system to any portion of either continent without endangering
our peace and happiness; nor can anyone believe that our
88 INTERNATIONAL RELATIONS

Southern brethren, if left to themselves, would adopt it of
their own accord. It is equally impossible, therefore, that we
should behold such interposition in any form with indiffer-
ence. If we look to the comparative strength and resources of
Spain and those new Governments, and their distance from
each other, it must be obvious that she can never subdue them.
It is still the true policy of the United States to leave the
parties to themselves, in the hope that other Powers will pur-
sue the same course.’’*°

The wisdom of this policy seems to be fully established by
subsequent history, for it has not involved the United States
in any war, and, with a single exception, no European nation
has interfered forcibly in the internal affairs of the American
republics. This exception occurred during the Civil War in
the United States. Napoleon III took advantage of the situ-
ation in Mexico arising from the confiscation of the church
property by Juarez, his suspension ‘of the payment of foreign
debts, and the demands of France, Great Britain, and Spain,
as principal creditors for payment, and of the inability of the
United States at that time to interfere with his operations, to
invade Mexico and establish Maximilian of Austria as em-
peror. France alone furnished the troops for the enterprise.
The United States protested at the time of the invasion, re-
fused to recognize Maxmilian, and after the termination of
the Civil War demanded that the French troops be withdrawn,
and proceeded to move troops toward the Mexican border.
France yielded and withdrew the troops, and Maxmilian was
speedily dethroned, court-martialed,and shot.*

The doctrine was again asserted very vigorously by Presi-
dent Cleveland in 1895 in relation to the dispute between
Great Britain and Venezuela over the boundary line between
British Guiana and Venezuela. As the result of his stand
denying the right of Great Britain to extend its possessions
by force, the matter was submitted to arbitration and amicably
settled.**

86 Moore Int. Law Dig. 6, 4o1. Messages & Papers of the Presidents
XI-787.

87 Wilson, History of the American People, V. 42.

88 Wilson, History of the Amcrican People, V. 245.
INTERNATIONAL LAW 89

The annexation of Hawaii in 1898, though a departure from
a strictly continental policy, can hardly be said to constitute a
breach of the traditional policy of the government. The
islands are nearer to America than to Asia. The assumption
of possession of the Philippine Islands is a clear departure
from the continental policy, if such possession is to be retained
permanently.

Although the United States entered into the European war
and fought on the continent of Europe in combination with
the troops of the western nations, the cause of its entry into
the war was the clear and repeated violation of its rights as
a neutral nation. It happened to be the fact that these nations
are all either republics or constitutional monarchies in which
accountable ministers direct the executive departments of the
governments and elective representative bodies exercise the
legislative powers. The Central Powers and Turkey were
dominated by military combinations under the command of
hereditary rulers. If the purpose had been merely to aid the
allied nations, the United States would still have been fighting
in support of the ideals of Jefferson and Monroe, though on
the soil of Europe. The rulers of all the powers that united
to form the so-called Holy Alliance have been deposed and
have left to their people the task of constructing new govern-
ments.

At the time President Monroe announced the policy which
has since been steadily followed by the United States the con-
ditions were very different from those with which the nation
is now confronted. There was but one firmly established re-
public in Europe, Switzerland. Of the other governments
that of Great Britain was the most democratic, but very far
from being the popular government it now is. Austria, Rus-
sia, Prussia, and France under Bourbon rule, were united in
the Holy Alliance for the avowed purpose of crushing all
popular uprisings in Europe and ruling it by military force.
When this unholy alliance proposed to restore the Spanish
despotism in South America and asked the aid of Great Britain
in the undertaking it refused and placed itself in opposition to
the scheme. Jefferson favored the acceptance of the British
90 INTERNATIONAL RELATIONS

plan of joint action by the United States and Great Britain,
by which the latter power would be allied to the republics of
America in opposition to the monarchies of Europe, but Mon-
roe preferred to take a strictly American stand, relying on the
assistance of Great Britain in case the Holy Alliance should
then undertake to intervene in South America. The transpor-
tation of troops from Europe to America was then a far more
difficult task than it now is. Communication could only be
had across the ocean by ships. The telegraph had not yet been
invented. Great Britain, then as now, dominated the ocean.
With its aid there was no doubt of the ability of America to
defend itself. On the other hand it would have been nothing
short of madness for the United States even in ‘alliance with
Great Britain, the South American States, and Switzerland,
to have undertaken to wage war for democracy on continental
Europe.

The great war just ended has witnessed the invasion of
Europe by the democracies of America, Asia, Australia, and
Africa, and the utter destruction of all the remaining dynas-
ties that had formed the Holy Alliance. The United States
transported an army of more than two million men across
the Atlantic in less than a year, with all its needed supplies
and equipment, with the aid of British shipping. It has also
furnished food to all the allied nations. It is now confronted
with the problem of making an enduring peace by which it
will be made secure against the recurrence of such conditions
as drew it into this great struggle. There is no powerful
military despotism left in Europe, Asia, or Africa, but there
is a vast territory in central and eastern Europe and northern
Asia throughout which the people are striving to establish
free institutions. They are now divided into many discordant
factions, with conditions throughout Germany and much of
Russia very similar to those prevailing in France after the
revolution. Western Europe, which had established govern-
ments accountable to the people, comes out of the war victori-
ous, but with many frightful scars from it. “Without the aid
the Allies received from America in supplies and men it appears
reasonably certain that the Central Powers would have succeed-
ed in extending their military despotisms in all directions. The
INTERNATIONAL LAW oI

spirit of the Monroe doctrine was invoked when the United
States entered the war. It must now be applied to preserve
the fruits of a victory won at such fearful cost, especially to
the popular governments of Europe. This spirit and the prac-
tical wisdom of Monroe and Jefferson clearly call for a larger
application of the doctrine which was announced in behalf of
free government in America. Military despotism must not be
allowed to come back in any part of the world to work havoc
at the command of any ruthless ruler. The allied nations
fought for the avowed purpose of making the world safe for
democracy, and there can be no doubt that the announcement
of this purpose contributed materially to their success. At
the conclusion of the war the victorious nations which sit at
the peace table to arrange the terms of peace include the re-
publics of the United States, France, Portugal, Brazil, Cuba
and China, and the constitutional monarchies of Great Britain,
Belgium, Italy, and Japan, whose governments are almost as
popular in character as those of the republics. These nations,
and the smaller ones associated with them, entered into a great
league in fact, if not in name, by which they overthrew the
governments which brought on the war. They have now
formed a league to maintain the fruits of their victory. The
combinations of nations forming this league is vastly more
powerful than the whole force of America with Great Britain
added in the time of Monroe. This combination is not now
confronted by any great monarchical combination. Its diffi-
culties are merely those of applying the fundamental princi-
ples of freedom and representative government to all the
nations of the world. Manifestly the first danger to be pro-
vided against is that of the reorganization of a great military
machine like that of Germany at the commencement of the
war. This can only be done through a supervising force estab-
lished by the league to prohibit great military combinations.
Very clearly this force must be representative of and account-
able to the free people who establish it. It must itself be sub-
ject to law and to the popular governments it represents. It
must act in strict accordance with the benign principles of
Monroe and Jefferson and shield the weak against the aggres-
sions of the strong nations. It is still necessary, as a matter
92 INTERNATIONAL RELATIONS

both of right and of policy, to allow the people of each coun-
try to regulate their domestic affairs in accordance with their
own views. The nations must be free, but this freedom must
not extend even to preparation for aggression on their neigh-
bors. Heretofore international law has been utterly impotent
as a means of preserving the peace of the world. It is for
the League of Nations to make its rules just, and to see that
they are enforced against any member of the family of nations
that would attempt to do what the Holy Alliance wished to
do in the days of Monroe. It is not the Monroe doctrine that
stands in the way of a successful league of nations, but the
lack of affirmative principles in international law concerning
the relations of nations. International law has never defi-
nitely sanctioned aggressive war, but it has interposed no ob-
stacle to it.. It has accorded to each nation, no matter how
organized, the right to determine for itself for what cause
and when it would go to war. So long as this doctrine pre-
vails, there can be no assurance of peace. International law,
to be worthy the name, must be law which binds nations in
their corporate capacity. Order is heaven’s first law, and order
does not exist on earth when nations are permitted to and do
goto war. No matter what question of international relation
may arise, there may be, there should be, a rule of law to set-
tle it. Such rules, in order to be accepted and enforced, must
commend themselves to the general sense of right of the peo-
ple of all nations. In order to be sure of accordance with this
general opinion it is manifestly necessary that a body repre-
senting all the free nations formulate them. International
law has never said to a sovereign nation, thou shalt not kill,
thou shalt not rob, thou shalt not covet thy neighbor’s goods,
but only when you do these awful-crimes you shall, if you
conveniently can, do them under a few restrictions and limi-
tations designed to mitigate their barbarities. It must be
made to enforce on nations the fundamental principles under-
lying all municipal codes dealing with crime. It must deny to
each and every nation, as an attribute of its sovereignty, the
right to go to war. It must afford a practical means for the
enforcement of the rights of a nation, without referring the
remedy to the primitive law of the savage, self-help.
CHAPTER III
GENERAL WELFARE CONVENTIONS

Though much has been accomplished in the improvement of
international relations by separate treaties affecting only two
or a very few nations, these have been found inadequate to
fill the requirements of modern commercial and social inter-
course. The ever-growing web of complicated relations in-
volving the people of many nations, the increasing dependence
of densely peopled manufacturing states on distant lands for
food supplies, and of the agricultural states on them for a
market for their products and supplies of clothing, implements
and other manufactured articles, render more general agree-
ments an imperative necessity. It has been perceived that the
highest welfare of each nation is dependent in very large
measure on friendship and commerce with many others. The
full measure of benefit from commercial intercourse can only
be attained under conditions of permanent peace. Most of
the old treaties were made either to combine for war or to fix
the terms of its termination. Treaties of peace have disposed
of the particular controversies involved in the wars which they
terminated, and many of them have been observed and carried
out in good faith by both parties for long periods, but chang-
ing conditions have presented new questions and new combina-
tions out of which leaders imbued with ancient hatred or am-
bition have been able to extract pretexts for war. It is now
apparent that peace must be secured by better and more gen-
eral guaranties than treaties between two hostile nations or
combinations of hostile nations.

Of late many questions of general concern to all nations
have been taken up by diplomatic conferences at which many
nations have been represented. A very prominent purpose has
been to bring about international agreements for the mitiga-
tion of the horrors of war, and for reducing the numbers of
94 INTERNATIONAL RELATIONS

wars by arbitration of differences and by conciliation.
Other general international interests, however, have been
deemed of sufficient importance to be considered in general
conferences and as subjects of treaties to which the adherence
of all the nations of the earth has been invited. One of the
earliest and most important of these conferences was held at
Geneva for the purpose of obtaining a general agreement for
the protection of the sick and wounded in war and of those
employed in caring for them. The convention adopted and
signed at the conference met with almost universal approval
and it remained in force until superseded by the Geneva Con-
vention of 1906, which will be found in full in its order. As
this was the first of the great general welfare conventions to
become generally adopted by the nations it is given here in
full.

GENEVA CONVENTION, 1864

In 1864 a Convention of representatives of twelve Euro-
pean Powers was held at Geneva, Switzerland, to consider the
amelioration of the condition of the wounded in time of war,
at which a convention was agreed upon and signed on August
22, 1864, providing as follows:

Article I, Ambulances and Military hospitals shall be acknowledged
to be neuter, and, as such, shall be protected and respected by belligerents
so long as any sick or wounded may be therein.

Such neutrality shall cease if the ambulances or hospitals should be
held by a military force.

Art. II. Persons employed in Hospitals and Ambulances, comprising
the staff for superintendence, medical service, administration, transport
of wounded, as well as chaplains, shall participate in the benefit of neu-
trality, whilst so employed, and so long as there remain any wounded to
bring in or to succor.

Art. III. The persons designated in the preceding article may, even
after occupation by the enemy, continue to fulfill their duties in the
hospital or ambulance, which they serve, or may withdraw in order to
rejoin the corps to which they belong.

Under such circumstances, when these persons shall cease from their
functions, they shall be delivered by the occupying army to the outposts
of the enemy.

Art. IV, As the equipment of military hospitals remains subject to the
GENERAL WELFARE CONVENTIONS 95

laws of war, persons attached to such hospitals cannot, in withdrawing,
carry away any articles but such as are their private property.

Under the same circumstances an ambulance shall, on the contrary, re-
tain its equipment.

Art. V. Inhabitants of the country who may bring help to the wounded
shall be respected, and shall remain free. The generals of the belligerent
Powers shall make it their care to inform the inhabitants of the appeal
addressed to their humanity, and of the neutrality which will be the con-
sequence of it.

Any wounded man entertained and taken care of in a house shall be
considered as a protection thereto. Any inhabitant who shall have enter-
tained wounded men in his house shall be exempt from the quartering
of troops, as well as from a part of the contributions of war which may
be imposed.

Art. VI. Wounded or sick soldiers shall be entertained and taken care
of, to whatever nation they may belong. :

‘Commanders-in-chief shall have the power to deliver immediately to
the outposts of the enemy soldiers who have been wounded in an engage-
ment when circumstances permit this to be done, and with the consent
of both parties.

Those who are recognized, after their wounds are healed, as incapable
of serving, shall be sent back to their country.

The others may also be sent back, on condition of not again bearing
arms during the continuance of the war.

Evacuations, together with the persons under whose directions they
take place, shall be protected by an absolute neutrality.

Art. VII. A distinctive and uniform flag shall be adopted for hos-
pitals, ambulances and evacuations. It must, on every occasion, be ac-
companied by the national flag. An arm-badge (brassard) shall also be
allowed for individuals neutralized, but the delivery thereof shall be left
to military authority.

The flag and the arm-badge shall bear a red cross on a white ground.

Art. VIII The details of execution of the present convention shall
be regulated by the commanders in chief of belligerent armies, according
to the instructions of their respective governments, and in conformity
with the general principles laid down in this convention. ;

Art. IX. The high contracting Powers have agreed to communicate
the present convention to those (Governments which have not found it
convenient to send plenipotentiaries to the International Conference at
Geneva, with an invitation to accede thereto; the protocol is for that
purpose left open.

Art. X. The present convention shall be ratified, and the ratifications
shall be exchanged at Berne in four months, or sooner, if possible.1

1 Senate Documents, 2d Session, 61 Congress, 48-1903.
96 INTERNATIONAL RELATIONS

Though not represented at the convention which formulated
it, the United States adopted the convention and it was duly
proclaimed July 26, 1882. The adhesion to it by other powers
was duly communicated as follows: Sweden and Norway,
Greece, Great Britain, Mecklenburg-Schwerin, Turkey, Wurt-
temburg, Hesse, Bavaria, Austria, Portugal, Saxony, Russia,
Persia, Roumania, Salvador, Montenegro, Servia, Bolivia,
Chile, Argentine Republic, Peru, Bulgaria, Japan, Kongo Free
State, Venezuela, Uruguay, Korea, Guatemala, China, Mexico,
Colombia, Brazil, Paraguay, Cuba, Dominican Republic,
Hayti, Panama and Ecuador.

On October 22, 1868, another convention was signed at
Geneva, by representatives of fifteen European Powers, in-
cluding North Germany, which was also adhered to and pro-
mulgated by the United States at the same time as the first
one. It recites the purpose of the Powers “to extent to armies
on the sea the advantages of the Convention concluded at
Geneva the 22 of August, 1864,” and. provides:

Article I, The persons designated in Article II of the Convention
shall, after the occupation by the enemy, continue to fulfill their duties,
according to their wants, to the sick and wounded in the ambulance or
the hospital which they serve. When they request to withdraw, the com-
mander of the occupying troops shall fix the time of departure, which
he shall only be allowed to delay for a short time in case of military
necessity.

Art. II. Arrangements will have to be made by the belligerent powers
to ensure to the neutralized persons, fallen into the hands of the army
of the enemy, the entire enjoyment of his salary.

Art. III. Under the conditions provided for in Articles I and IV of
the Convention, the name “ambulance” applies to field hospitals and other
temporary establishments, which follow the troops on the field of battle
to receive the sick and wounded.

Art. IV. In conformity with the spirit of Article V of the Conven-
tion, and to the reservations contained in the protocol of 1864, it is ex-
plained that for the appointment of the charges relative to the quartering
of troops, and of the contributions of war, account only shall be taken
in an equitable manner of the charitable zeal displayed by the inhaibtants.

Art. V. In addition to Article VI of the Convention, it is stipulated
that, with the reservation of officers whose detention might be important
to the fate of arms and within the limits fixed by the second paragraph
of that article, the wounded fallen into the hands of the enemy shall be
GENERAL WELFARE CONVENTIONS 97

sent back to their country, after they are cured, or sooner if possible, on
condition, nevertheless, of not again bearing arms during the continuance
of the war.

Art. VI. The boats which, at their own risk and peril, during and
after an engagement pick up the shipwrecked or wounded, or which hav-
ing picked them up, convey them on board a neutral or hospital ship,
shall enjoy, until the accomplishment of their mission, the character of
neutrality, as far as the circumstances of the engagement and the posi-
tion of the ships engaged will permit.

The appreciation of these circumstances is entrusted to the humanity
of all the combatants. The wrecked and wounded thus picked up and
saved must not serve again during the continuance of the war.

Art. VII. The religious, medical and hospital staff of any captured
vessel are declared neutral, and, on leaving the ship, may remove the
articles and surgical instruments which are their private property.

Art. VIII. The staff designated in the preceding article must continue
to fulfill their functions in the captured ship, assisting in the removal
of the wounded made by the victorious party; they will then be at liberty
to return to their country, in conformity with the second paragraph of
the first additional article.

The stipulations of the second additional article are applicable to the
pay and allowance of the staff,

Art. IX. The military hospital ships remain under martial law in all
that concerns their stores; they become the property of the captor, but
the latter must not divert them from their special appropriation during
the continuance of the war.

The vessels not equipped for fighting, which, during peace, the gov-
ernment shall have officially declared to be intended to serve as floating
hospital ships, shall, however, enjoy during the war complete neutrality,
both as regards stores, and also as regards their staff, provided their
equipment is exclusively appropriated to the special service on which they
are employed.

Art. X. Any merchantman, to whatever nation she may belong, charged
exclusively with removal of sick and wounded, is protected by neutrality,
but the mere fact, noted on the ship’s books, of the vessel having been
visited by an enemy’s cruiser, renders the sick and wounded incapable of
serving during the continuance of the war. The cruiser shall even have
the right of putting on board an officer in order to accompany the convoy,
and thus verify the good faith of the operation.

If the merchant ship also carries a cargo, her neutrality will still pro-
tect it, provided that such cargo is not of a nature to be confiscated by
the belligerents.

The belligerents retain the right to interdict neutralized vessels from
all communication, and from any course which they may deem prejudical
98 INTERNATIONAL RELATIONS

to the secrecy of their operations. In urgent cases special conventions
may be entered into between commanders-in-chief, in order to neutralize
temporarily and in a special manner the vessels intended for the removal
of the sick and wounded.

Art. XI. Wounded or sick sailors and soldiers, when embarked, to
whatever nation they may belong, shall be protected and taken care of by
their captors.

Their return to their own country is subject to the provisions of
Article VI of the Convention, and of the additional Article V.

Art. XII. The distinctive flag to be used with the national flag, in
order to indicate any vessel or boat which may claim the benefits of
neutrality, in virtue of the principles of this Convention is a white flag
with a red cross. The belligerents may exercise in this respect any mode
of verification which they may deem necessary.

Military hospital ships shall be distinguished by being painted white
outside with green strake.

Art. XIII. The hospital ships which are equipped at the expense of
the aid societies, recognized by the governments signing this Convention,
and which are furnished with a commission emanating from the sover-
eign, who shall have given express authority for their being fitted out,
and with a certificate from the proper naval authority that they have
been placed under his control during their fitting out and on their final
departure, and that they were then appropriated solely for the purpose
of their mission, shall be considered neutral, as well as the whole of
their staff. They shall be recognized and protected by the belligerents.

They shall make themselves known by hoisting, together with their
national flag, the white flag with a red cross. The distinctive mark of
their staff, while performing their duties, shall be an armlet of the same
colors. The outer painting of these hospital ships shall be white, with
red strake.

These ships shall bear aid and assistance to the wounded and wrecked
belligerents, without distinction of nationality.

They must take care not to interfere in any way with the movements
of the combatants. During and after the battle they must do their duty
at their own risk and peril.

The belligerents shall have the right of controlling and visiting them;
they will be at liberty to refuse their assistance, to order them to depart,
and to detain them if the exigencies of the case require such a step.

The wounded and wrecked picked up by these ships cannot be reclaimed
by either of the combatants, and they will be required not to serve dur-
ing the continuance of the war.

Art. XIV. In naval wars any strong presumption that either belliger-
ent takes advantage of the benefits of neutrality, with any other view than
the interest of the sick and wounded, gives the other belligerent, until
GENERAL WELFARE CONVENTIONS 99

proof to the contrary, the right of suspending the Convention, as regards
such belligerent.

Should this presumption become a certainty, notice may be given to
such belligerent that the Convention is suspended with regard to him
during the whole continuance of the war.

Art. XV. The present act shall be drawn up in a single original copy,
which shall be deposited in the Archives of the Swiss: Confederation.

An authentic copy of this Act shall be delivered, with an invitation to
adhere to it, to each of the signatory Powers of the Convention of the
22d of August, 1864, as well as to those that have successively acceded to
it.?

The metric system of weights and measures was first pro-
posed in the French National Assembly in March, 1791, and
was definitely adopted in 1799, but it was not given its final
form until 1840. It is a decimal system based on a meter as
the fundamental unit of measurement. This unit of length is
one ten-millionth part of the earth’s meridian quadrant through
Paris. All other measurements of distance are expressed in
decimal multiples or fractions of the meter. The unit measure
of capacity is the liter which is a cube of one-tenth of a meter.
The unit of weight is the gramme which is one-thousandth of
a liter of water at the temperature of 4° C. In this manner
the whole system of weights and measures is based on the
meter, which is established from the quadrant of the earth.
The standards actually in use are very close approximations
to those above indicated. All quantities and measurements
being expressed in a decimal system of notation, the metric
system has very naturally become the one used in all scientific
computations. It is also the system in general use in trade in
continental Europe and in South America. While the size of
the earth affords a permanent standard of measurement, it is
one that can only be used by men having sufficient scientific
knowledge and adequate facilities for ascertaining what it 1s.
For the use of the multitude definite, comprehensible and ac-
cessible standards are necessary. In order that such standards
should be accepted in all countries an international agreement
was necessary and a conference of plenipotentiaries of the
leading countries to agree on a convention on the subject was

2 Senate Documents, 2d Session, 61 Congress, 48-1907.
100 INTERNATIONAL RELATIONS

held at Paris in 1875. The following is the text of the con-
vention and attached regulations:

INTERNATIONAL BuREAU OF WEIGHTS AND MEASURES

Article 1. The high contracting parties engage to establish and main-
tain, at their common expense, a scientific and permanent international
bureau of weights and measures, the location of which shall be at Paris.

Art. 2. The French Government shall take all the necessary measures
to facilitate the purchase, or, if expedient, the construction, of a building
which shall be especially devoted to this purpose, subject to the conditions
stated in the regulations which are subjoined ‘to this convention.

Art. 3. The operation of the international bureau shall be under the
exclusive direction and supervision of an international committee of
weights and measures, which latter shall be under the control of a gen-
eral conference for weights and measures, to be composed of delegates
of all the contracting governments.

Art. 4. The general conference for weights and measures shall be
presided over by the president for the time being of the Paris Academy of
Science.

Art. 5. The organization of the bureau, as well as the formation and
the powers of the international committee, and of the general conference
for weights and measures, are established by the regulations subjoined to
this convention,

Art. 6. The international bureau of weights and measures shall be
charged with the following duties:

ist. All comparisons and verifications of the new prototypes of the
meter and kilogram.

2d. The custody of the international prototypes.

3rd. The periodical comparison of the national standards with the in-
ternational prototypes and with their test copies, as well as comparison
of the standard thermometers.

4th. The comparison of the prototypes with the fundamental standards
of the non-metrical weights and measures used in different countries for
scientific purposes, rH

5th. The sealing and comparison of geodesic measuring-bars. =~

6th. The comparison of standards and scales of precision, the verifi-
cation of which may be requested by governments or by scientific so-
cieties, or even by constructors or men of sciefce.

Art. 7. The persons composing the bureau shall be a director, two
assistants, and the necessary number of employés. When the compari-
sons of the new prototypes shall have been finished, and when these proto-
types shall have been distributed among the different states, the number

of persons composing the bureau shall be reduced so far as may be deemed
expedient.
GENERAL WELFARE CONVENTIONS “FOI

The governments of the high contracting parties will be informed by
the international committee of the appointment of the persons compos-
ing this bureau. =

Art. 8. The international prototypes of the meter and of the kilogram,
together with the test copies of the same, shall be deposited in the bu-
reau, and access to them shall be allowed to the international commit-
tee only.

Art. 9. The entire expense of the construction and outfit of the inter-
national bureau of weights and measures, together with the annual cost
of its maintenance and the expenses of the committee, shall be defrayed
by contributions from the contracting states, the amount of which shall
be computed in proportion to the actual population of each.

Art, 10. The amounts representing the contributions of each of the
contracting states shall be paid at the beginning of each year, through
the ministry of foreign affairs of France, into the Caisse de depdis et
consignations at Paris, whence they may be drawn as occasion may re-
quire, upon the order of the director of the bureau.

Art. 11. Those governments which may take advantage of the privi-
lege, open to every state, of acceding to this convention, shall be re-
quired to pay a contribution, the amount of which shall be fixed by the
committee on the basis established in article 9, and which shall be devoted
to the improvement of the scientific apparatus of the bureau.

Art. 12, The high contracting parties reserve to themselves the power
of introducing into the present convention, by common consent, any modi-
fications the propriety of which may have been shown by experience.

Art. 13. At the expiration of twelve years this convention may be
abrogated by any one of the high contracting parties, so far as it is
concerned.

Any government which may avail itself of the right of terminating
this convention, so far as it is concerned, shall be required to give notice
of its intentions one year in advance, and by so doing shall renounce all
rights of joint ownership in the international prototypes and in the bureau.

Art. 14. This convention shall be ratified according to the constitu-
tional laws of- each state, and the ratifications shall be exchanged in
Paris within six months, or sooner, if possible.

It shall take effect on the first day of January, 1876.

In testimony whereof the respective plenipotentiaries have attached
their signatures and have hereunto affixed their seals of arms.

Done at Paris, May 20, 1875.8

REGULATIONS

Article 1. The international bureau of weights and measures shall be
established in a special building, possessing all the necessary safeguards
of stillness and stability.

3 Senate Documents, 2d Session 61st Congress, 48, 1924 to 1935.
102 INTERNATIONAL RELATIONS

It shall comprise, in addition to the vault, which shall be devoted to the
safe-keeping of the prototypes, rooms for mounting the comparators and
balances; a laboratory, a library, a room for the archives, work-rooms
for the employés, and lodgings for the watchmen and attendants.

Art. 2. It shall be the duty of the international committee to acquire
and fit up the aforesaid building and to set in operation the work for
which it was designed.

In case of the committee’s inability to obtain a suitable building, one
shall be built under its directions and in accordance with its plans.

Art. 3. The French Government shall, at the request of the interna-
tional committee, take the necessary measures to cause the bureau to be
recognized as an establishment of public utility.

Art. 4. The international committee shall cause the necessary instru-
ments to be constructed, such as comparators of the standards of line and
end measures, apparatus for the determination of absolute dilations, bal-
ances for weighing in air and in vacuo, comparators for geodetic measur-
ing-bars, &c.

Art. 5. The entire expense incurred in the purchase or construction
of the building, and in the purchase and placing of the instruments and
apparatus, shall not exceed 400,000 francs.

Art. 6. The estimate of annual expenditures is as follows:

 

(a) Salary of the director.......... cc cece cece eee teen eae 15,000 fr.
“of two adjuncts, at 3,000 fr. each.............. 12,000
a of four assistants, at 3,000 fr. each............. 12,000
Pay of door-keeper, (mechanic).............0cceeveeee 3,000
Wages of two office-boys, at 1,500 fr. each............. 3,000
Total for salaries.......... ccc cece cece cece eeaee 45,000

(b) Compensation of men of science and artists who, by
direction of the committee, may be employed to per-
form special duties, keeping the building in proper or-
der, purchase and repair of apparatus, fuel, light, and

 

OfMCE-EXPENSES. .eeuiei cscs dececes gelesaeeacveovectsautes 24,000

(c) Compensation of the secretary of the international com-
mittee of weights and measures.................0005 6,000
Obl. swisapeiy stein dawn me akdiew Recusielawhalsad Rageoadae 75,000

The annual budget of the bureau may be modified by the international
committee as necessity may require at the suggestion of the director, but
it shall in no case exceed the sum of 100,000 francs.

The contracting governments shall be notified of any modifications that
the committee may think proper to make within these limits, in the an-
nual budget fixed by the present regulations,
GENERAL WELFARE CONVENTIONS 103

The committee may authorize the director, at his request, to make
transfers from one subdivision of the allotted budget to another.
B. For the period subsequent to the distribution of the prototypes:

 

(a) Salary of the director...........ccceeeceeeeeeee sigeaead 15,000 fr.
“of one adjunct......... soi iis dsaanbeeusess see. 6,000
Pay of a door-keeper, (mechanic)...........eeeseeeeeee 3,000
Wages of an office-boy...........ce cece euseeeeees seeee 1,500
(b) Office-expenses ...5....ecceeas cease vaceeetne secretes 18,500
(c) Compensation of secretary, international committee....... 6,000
Total. svi. siitewieisara it eokaaiscas@ensnd oe eoa ae aaeite 50,000

Art. 7. The general conference mentioned in article 3 of the conven-
tion shall be at Paris, upon the summons of the international committee,
at least once every six years.

It shall be its duty to discuss and initiate measures necessary for the
dissemination and improvement of the metrical system, and to pass upon
such fundamental metrological determinations as may have been made
during the time when it was not in session. It shall receive the report
of the international committee concerning the work that has been ac-
complished, and shall replace one half of the international committee by
secret ballot.

The voting in the general conference shall be by states; each state
shall be entitled to one vote.

Each of the members of the international committee shall be entitled
to a seat at the meetings of the conference. They may at the same time
be delegates of their governments.

Art. 8. The international committee mentioned in article 3 of the con-
vention shall be composed of fourteen members, who shall belong to
different states.

It shall consist, at first, of the twelve members of the former perma-
nent committee of the international commission of 1872, and of the two
delegates, who, at the time of the appointment of that permanent com-
mittee, received the largest number of votes next to the members who
were elected.

At the time of the renewal of one-half of the international committee,
the retiring members shall be, first, those who, in cases of vacancy, may
have been elected provisionally during the interval occurring between two
sessions of the conference. The others shall be designated by lot.

The retiring members shall be re-eligible.

Art. 9. The international committee shall direct the work connected
with the verification of the new prototypes, and, in general, all the metro-
logical labors, as the high contracting parties may decide to have per-
104 INTERNATIONAL RELATIONS

formed at the common expense. It shall, moreover, exercise supervision
over the safe-keeping of the international prototypes.

Art. 10. The international committee shall choose its chairman and
secretary by secret ballot. The governments of the high contracting
parties shall be notified of the result of such elections.

The chairman and secretary of the committee, and the director of the
bureau, must belong to different countries.

After having been formed, the committee shall hold no new elections
and make no new appointments until three months after notice thereof
shall have been given to all the members by the bureau of the committee.

Art. 11. Until the new prototypes shall have been finished and dis-
tributed, the committee shall meet at least once a year. After that time
its meetings shall be held at least biennially.

Art. 12. Questions upon which a vote is taken in the committee shall
be decided by a majority of the votes cast. In case of a tie, the vote
of the chairman shall decide. No resolution shall be considered to have
been duly adopted unless the number of members present be at least
equal to a majority of the members composing the committee.

This condition being fulfilled, absent members shall have the right to
authorize members who are present to vote for them, and the members
thus authorized shall furnish proper evidence of their authorization. The
same shall be the case in elections by secret ballot.

Art. 13. During the interval occurring between two sessions, the com-
mittee shall have the right to discuss questions by correspondence.

In such cases, in order that its resolutions may be considered to have
been adopted in due form, it shall be necessary for all the members of
the committee to have been called upon to express their opinions.

Art. 14. The international committee for weights and measures shall
provisionally fill such vacancies as may occur in it; these elections shall
take place by correspondence, each of the members being called upon to
take part therein. .

Art. 15. The international committee shall prepare detailed regula-
tions for the organization and the labors of the bureau, and shall fix the
amounts to be paid for the performance of the extraordinary duties pro-
vided for in article 6 of this convention.

Such amounts shall be applied to the improvement of the scientific ap-
paratus of the bureau.

Art. 16. All communications from the international committee to the
governments of the high contracting parties shall take place through the
diplomatic representatives of such countries at Paris.

For all matters requiring the attention of the French authorities, the
committee shall have recourse to the ministry of foreign affairs of France.

Art. 17. The director of the bureau and the adjuncts shall be chosen
by the international committee by secret ballot.
GENERAL WELFARE CONVENTIONS 105

The employees shall be appointed by the director.

The director shall have a right to take part in the deliberations of
the committee.

Art. 18, The director of the bureau shall have access to the place of
deposit of the international prototypes of the meter and the kilogram
only in pursuance of a resolution of the committee and in the presence
of two of its members.

The place of deposit of the prototypes shall be opened only by means
of three keys, one of which shall be in possession of the director of the
archives of France, the second in that of the chairman of the commit-
tee, and the third in that of the director of the bureau.

The standards of the class of national prototypes alone shall be used
for the ordinary comparing work of the bureau.

Art. 19. The director of the bureau shall annually furnish to the com-
mittee: rst. A financial report concerning the accounts of the preceding
year, which shall be examined, and, if found correct, a certificate to that
effect shall be given him; 2d. A report on the condition of the apparatus;
3d. A general report concerning the work accomplished during the course
of the year just closed.

The international committee shall make to each of the governments of
the high contracting parties an annual report concerning all its scientific,
technical, and administrative operations, and concerning those of the
bureau. The chairman of the committee shall make a report to the
general conference concerning the work that has been accomplished since
its last session.

The reports and publications of the committee shall be in the French
language. They shall be printed and furnished to the governments of
the high contracting parties.

Art. 20. The contributions referred to in article 9 of the convention
shall be paid according to the following scale:

The number representing the population, expressed in millions, shall be
multiplied by the coefficient three for states in which the use of the metri-
cal system is obligatory;

by the coefficient of two for those in which it is optional;

by the coefficient one for other states.

The sum of the products thus obtained will furnish the number of
units by which the total expense is to be divided. The quotient will give
the amount of the unit of expense,

Art. 21. The expense of constructing the international prototypes, and
the standards and test copies which are to accompany them, shall be de-
frayed by the high contracting parties in accordance with the scale fixed
in the foregoing article.

The amounts to be paid for the comparison and verification of stand-
ards required by states not represented at this convention shall be regu-
106 INTERNATIONAL RELATIONS

lated by the committee in conformity with the rates fixed in virtue of
article 15 of the regulations.
Art. 22. These regulations shall have the same force and value as the
convention to which they are annexed.
(Signatures) .4

The parties to the foregoing convention are the United
States, Germany, Austria-Hungary, Belgium, Brazil, Argen-
tine Confederation, Denmark, Spain, France, Italy, Peru,
Portugal, Russia, Sweden and Norway, Switzerland, Turkey,
and Venezuela. It will be observed that all of the principal
nations of Europe, except Great Britain, joined it and also the
leading nations of North and South America. Neither of the
strictly Asiatic nations is a party to it. Dealing with a single
subject on which uniformity among all the nations is desirable,
it was a pioneer in the establishment of international law by
a conference of plenipotentiaries appointed for the sole pur-
pose of providing permanent standards of weights and meas-
ures by which the standards in use in the different countries
might be tested. The international bureau established at Paris
pursuant to this convention appears to be a permanent institu-
tion affording uniform standards for all countries desiring to
make use of the metric system. It exercises an international
governmental function under a written fundamental law de-
fining its powers and duties. It appears to be the first inter-
national bureau ever established by a large number of nations
with continuing powers and designed to be permanent. It
follows the democratic plan of deciding questions by a ma-
jority vote, each country having but one voie, whether great
or small. It is supported by contributions from all the states
which have joined in its organization and is open to all other
nations which desire to become parties to the convention, who
are permitted to join on exactly the same basis as the original
parties. This most just and enlightened method of bringing
about general agreements among all the nations with reference
to matters of general concern has since been followed in most
of the great international conventions.

On March 20, 1883, a Convention for International Protec-

4 Senate Documents, 2d Session, 61st Congress, 48, 1924 to 1935.
GENERAL WELFARE CONVENTIONS 107

tion of Industrial Property was concluded at Paris by repre-
sentatives of Belgium, Brazil, Spain, France, Guatemala,
Italy, The Netherlands, Portugal, Salvador, Servia and Swit-
zerland, which was adhered to and proclaimed by the United
States on June 11, 1887. The main purpose of this Conven-
tion is expressed in the second article as follows:

“Article II. The subjects or citizens of each of the con-
tracting States shall enjoy, in all the other states of the Union,
so far as concerns patents for inventions, trade or commer-
cial marks, and the commercial name, the advantages that the
respective laws thereof at present accord, or shall afterwards
accord to subjects or citizens. In consequence they shall have
the same protection as the latter, and the same legal recourse
against all infringements of their rights, under reserve of
complying with the formalities and conditions imposed upon
subjects or citizens by the democratic legislation of each
State.”

The first article provides that the States named ‘‘have con-
stituted themselves into a state of Union for the protection
of Industrial Property,” and in the sixteenth article it is pro-
vided that: “The States that have not taken part in the present
convention shall be admitted to adhere to the same upon their
application. This adhesion shall be notified through the diplo-
matic channel to the Government of the Swiss Confederation
and by the latter to all the others. It shall convey of full right,
accession to all the clauses and admission to all the advantages
stipulated by the present convention.’ Subsequent conventions
relating to the same subject were entered into at Madrid on
April 15, 1891,° and at Brussels on December 14, 1900." Fif-
teen nations participated in framing the Convention of Brus-
sels, which modifies the prior ones in some particulars but in
the direction of more extended and better application of its
provisions to effectuate its main purposes. Very manv sepa-
rate treaties had been entered into concerning the subjects of
trademarks and patents and the evident advantages of a uni-

5 Senate Documents, 2d Session, 61st Congress, 48-1935.
6 Id. 1943.
7 Id. 1945.
108 INTERNATIONAL RELATIONS

form act covering the subject as between all the nations in-
duced the making of these conventions.*

On March 14, 1884, a Convention for the Protection of
Submarine Cables was entered into at Paris by twenty-seven
Nations including most of the leading ones with a provision
for the adhesion of the others. The purpose of it was to per-
mit the laying of Cables across the Oceans over which neither
of the nations had sovereignty by securing the joint consent
of all of them, and to provide for their protection after lay-
ing.’ Subsequent agreements and protocols with reference to
it were entered into on December 1, 1886;"° May 21, 1886;"
and July 7, 1887. In order to confer the right to lay and
maintain these cables international legislation was necessary,
because so much of a cable as was not within a marine league
of the shore was beyond the jurisdiction of any nation.

When the first cables were laid there seems to have been
little if any consideration given to the broad international
aspect of the right to lay and maintain a cable on the bed of
the ocean. The promoters of the first cable lines appear to
have been satisfied with the permission of the governments of
the countries owning the shores to land their cables. The
first submarine cable that was successfully established was
from Dover to Ostend, November 1, 1852. After several un-
successful attempts to connect Europe and America by a cable
across the Atlantic, communication was established in 1858
and messages of congratulation were exchanged between
Queen Victoria and President Buchanan, but the line ceased
to work in a few weeks. On July 27, 1866, permanent com-
munication by cable was established, and President Johnson in
his annual message to Congress said—‘‘The entire success of
the Atlantic telegraph between the coast of Ireland and the
Province of Newfoundland is an achievement which has been

8 All these conventions relating to industrial property have been super-
seded by that of June 2, 1911, which is copied below in full.

9 Id. 1949.

10 Td, 1956,

11 Jd, 1957.

12 Td, 1858.
GENERAL WELFARE CONVENTIONS 109

justly celebrated in both hemispheres as the opening of an era
in the progress of civilization.”"* A French cable was landed
in July, 1869, from Havre to Canso, and a cable from Ireland
to Rye, New Hampshire, was completed in 1875. It having
been fully demonstrated that communication by cable laid un-
der the ocean was not merely practicable but commercially
profitable other projects were started. This led to a consider-
ation of questions as to the value of a franchise which merely
allowed the landing of a cable by the governments controlling
the termini but having no more right to the bed of the sea
than any other government. A valid franchise to maintain an
ocean cable required the consent of all the nations. To meet
this situation an international conference was called and the
following convention was signed by plenipotentiaries of the
United States, Germany, the Argentine Confederation, Aus-
tria-Hungary, Belgium, Brazil, Costa Rica, Denmark, the
Dominican Republic, Spain, Colombia, France, Great Britain,
Guatemala, Greece, Italy, Turkey, the Netherlands, Luxem-
burg, Persia, Portugal, Roumania, Russia, Salvador, Servia,
Sweden and Norway, and Uruguay.

CONVENTION FOR THE PROTECTION oF SUBMARINE CABLES

Article I. The present Convention shall be applicable, outside of the
territorial waters, to all legally established submarine cables landed in the
territories, colonies or possessions of one or more of the High Contract-
ing Parties.

Art. II. The breaking or injury of a submarine cable, done wilfully
or through culpable negligence, and resulting in the total or partial in-
terruption or embarrassment of telegraphic communication, shall be a
punishable offense, but the punishment inflicted shall be no bar to a civil
action for damages.

This provision shall not apply to ruptures or injuries when the parties
guilty thereof have become so simply with the legitimate object of sav-
ing their lives or their vessels, after having taken all necessary precau-
tions to avoid such ruptures or injuries.

Art. III, The High Contracting Parties agree to insist, as far as pos-
sible, when they shall authorize the landing of a submarine cable, upon
suitable conditions of safety, both as regards the track of the cable and
its dimensions.

18 Messages and Papers of the Presidents, V. 3652.

~
110 INTERNATIONAL RELATIONS

Act. IV. The owner of a cable who, by the laying or repairing of that
cable, shall cause the breaking or injury of another cable, shall be required
to pay the cost of the repairs which such breaking or injury shall have
rendered necessary, but such payment shall not bar the enforcement, if
there be ground therefor, of article II of this convention.

Art. V. Vessels engaged in laying or repairing submarine cables must
observe the rules concerning signals that have been or shall be adopted,
by common consent, by the High Contracting Parties, with a view to
preventing collisions at sea. ;

When a vessel engaged in repairing a cable carries the said signals,
other vessels that see or are able to see those signals shall withdraw or
keep at a distance of at least one nautical mile from such vessel, in order
not to interfere with its operations.

Fishing gears and nets shall be kept at the same distance.

Nevertheless, a period of twenty-four hours at most shall be allowed
to fishing vessels that perceive or are able to perceive a telegraph ship
carrying the said signals, in order that they may be enabled to obey the
notice thus given, and no obstacle shall be placed in the way of their
operations during such period.

The operations of telegraph ships shall be finished as speedily as possible.

Art. VI. Vessels that see or are able to see buoys designed to show
the position of cables when the latter are being laid, are out of order, or
are broken, shall keep at a distance of one quarter of a nautical mile at
least from such buoys.

Fishing gears and nets shall be kept at the same distance.

Art. VII. Owners of ships or vessels who can prove that they have
sacrificed an anchor, a net, or any other implement used in fishing, in
order to avoid injuring a submarine cable, shall be indemnified by the
owner of the cable.

In order to be entitled to such indemnity, one must prepare, whenever
possible, immediately after the accident, in proof thereof, a statement
supported by the testimony of the men belonging to the crew; and the
captain of the vessel must, within twenty-four hours after arriving at
the first port of temporary entry, make his declaration to the competent
authorities. The latter shall give notice thereof to the consular author-
ities of the nation to which the owner of the cable belongs.

Art. VIII. The courts competent to take cognizance of infractions of
this convention shall be those of the country to which the vessel on board
of which the infraction has been committed belongs.

It is, moreover, understood that, in cases in which the provision con-
tained in the foregoing paragraph cannot be carried out, the repression
of violations of this convention shall take place, in each of the contracting
States, in the case of its subjects or citizens in accordance with the gen-
eral rules of penal competence established by the special laws of those
states, or by international treaties.
GENERAL WELFARE CONVENTIONS It

Art. IX. Prosecutions on account of the infractions contemplated in
articles II, V and VI, of this convention, shall be instituted by the State
or in its name.

Art. X. Evidence of violations of this convention may be obtained by
all methods of securing proof that are allowed by the laws of the coun-
try of a court before which a case has been brought.

When the officers commanding the vessels of war or the vessels spe-
cially commissioned for that purpose, of one of the High Contracting
Parties, shall have reason to believe that an infraction of the measures
provided for by this Convention has been committed by a vessel other
than a vessel of war, they may require the captain or master to exhibit
the official documents furnishing evidence of the nationality of the said
vessel. Summary mention of such exhibition shall at once be made on
the documents exhibited. :

Reports may, moreover, be prepared by the said officers, whatever may
be the nationality of the inculpated vessel. The reports shall be drawn
up in the form and in the language in use in the country to which the
officer drawing them up belongs; they may be used as evidence in the
country in which they shall be invoked, and according to the laws of such
country. The accused parties and the witnesses shall have the right to
add or to cause to be added thereto, in their own language any explana-
itons that they may deem proper; these declarations shall be duly signed.

Art. XI, Proceedings and trials in cases of infractions of the pro-
visions of this Convention shall always take place as summarily as the
laws and regulations in force will permit.

Art. XII. The High Contracting Parties engage to take or propose to
their respective legislative bodies the measures necessary in order to
secure the execution of this Convention, and especially to cause the pun-
ishment, either by fine or imprisonment, or both, of such persons as
may violate the provisions of articles II, V. and VI.

Art. XIII. The High Contracting Parties shall communicate to each
other such laws as may already have been or as may hereafter be enacted
in their respective countries, relative to the subject of this Convention.

Art. XIV. States that have not taken part in this Convention shall be
allowed to adhere thereto, on their request to do so. Notice of such ad-
hesion shall be given, diplomatically, to the Government of the French
Republic, and by the latter to the other signatory Governments.

Art. XV. It is understood that the stipulations of this Convention shall
in no wise affect the liberty of action of belligerents.

Art. XVI. This Convention shall take effect on such day as shall be
agreed upon by the High Contracting Parties.

It shall remain in force for five years from that day, and, in case none
of the High Contracting Parties shall have given notice, twelve months
previously to the expiration of said period of five years, of its intentions
112 INTERNATIONAL RELATIONS

to cause its effects to cease, it shall continue in force for one year, and
so on from year to year.

In case one of the Signatory Powers shall give notice of its desire for
the cessation of the effects of the Convention, such notice shall be effective
as regards that Power only.

Art. XVII. This Convention shall be ratified; its ratification shall be
exchanged at Paris as speedily as possible, and within one year at the
latest.

In testimony whereof, the respective Plenipotentiaries have signed it,
and have thereunto affixed their seals.

Done in twenty-six copies, at Paris, this 14th day of March, 1884.

(Signatures) .14

ADDITIONAL ARTICLE
The stipulations of the Convention concluded this day for the protec-
tion of submarine cables shall be applicable, according to Article I, to
the colonies and possessions of Her Britannic Majesty with the exception
of those named below, to wit:

Canada, New South Wales, South Australia,
Newfoundland, Victoria, ‘West Australia,
The Cape, Queensland, New Zealand.
Natal, Tasmania (2),

Nevertheless, the stipulations of the said Convention shall be applicable
to one of the above named colonies or possessions, if, in their (its?)
name, a notification to that effect has been addressed by the representa-
tive of Her Britannic Majesty at Paris to. the Minister of Foreign Af-
fairs of France.

Each of the above named Colonies or possessions that shall have ad-
hered to the said Convention, shall have the privilege of withdrawing in
the same manner as the contracting powers. In case one of the colonies
or possessions in question shall desire to withdraw from the Convention,
a notification to that effect shall be addressed by her Britannic Majesty’s
representative at Paris to the Minister of Foreign Affairs of France.

Done in twenty-six copies at Paris, this fourteenth day of March, 1884.

(Signatures) 15

Declaration Respecting the Interpretation of Articles II and IV of the

Convention of March 14, 1884, for the Protection of Submarine Cables.

The undersigned Plenipotentiaries of the signatory Governments of the
Convention of March 14, 1884, for the protection of submarine cables,
having recognized the expediency of defining the sense of the terms of
Articles II and IV, of the said convention, have prepared by common ac-
cord the following declaration:

14 Senate Documents, 2d Session, 61st Congress, 48, 1949.
15 Senate Documents, 2d Session, 61st Congress, 48, 1955.
GENERAL WELFARE CONVENTIONS 113

Certain doubts having arisen as to the meaning of the word “wilfully”
inserted in Article II of the convention of the 14th of March, 1884, it is
understood that the imposition of penal responsibility, mentioned in the
said article, does not apply to cases of breaking or of injuries occasioned
accidentally or necessarily in repairing a cable, when all precautions have
been taken to avoid such breakings or damages.

It is likewise understood that Article IV of the Convention has no
other object and is to have no other effect than to charge the competent
tribunals of each country with the determination, conformably to their
laws and according to circumstances, of the question of the civil responsi-
bility of the owner of a cable, who, by the laying or repairing of such
cable, causes the breaking or injury of another cable, and also of the
consequences of that responsibility if it is found to exist.

Done at Paris, December 1, 1886, and March 23, 1887, for Germany.

(Signatures) .16
Finat Protocou

The undersigned, Plenipotentiaries of the Governments, parties to the
Convention of March 14, 1884, for the protection of submarine cables,
having met at Paris for the purpose of fixing, in pursuance of article 16
of that international instrument, the date for putting the said convention
into execution, have agreed upon the following:

I. The International Convention of March 14, 1884, for the protection
of submarine cables, shall go into operation on the 1st day of May, 1888
provided, however, that at that date those of the contracting Governments
that have not yet adopted the measures provided for by article 12 of the
said international instrument, shall have conformed to that stipulation.

II. The measures which shall have been taken by the said States in
execution of article 12 aforesaid, shall be made known to the other con-
tracting Powers through the French Government, which is charged with
the examination of the said measures.

III. The Government of the French Republic is likewise charged with
the examination of the similar legislative and reglementary provisions
which are to be adopted, in their respective countries, in pursuance of
article 12, by such states as have not taken part in the Convention, and
as may desire to avail themselves of the privilege of accession, for which
provision is made in article 14.

In testimony whereof, the undersigned Plenipotentiaries have adopted
this final protocol, which shall be considered as forming an integral part
of the International Convention of March*14, 1884.

Done at Paris, July 7, 1887.

(Signatures) .17

16 Td. 48, 1956.
17 Td. 48, 1958.
114 INTERNATIONAL RELATIONS

Early in the war the British cut the two German cables ex-
tending from Emden to America by way of the Azores and
also the cable between Monrovia, Liberia, and Brazil. This
action was not in contravention of the terms of the foregoing
treaty, article fifteen of which expressly provides that it shall
not affect the liberty of action of belligerents. But the action
of the British in cutting these cables affected not only the Ger-
man powers but also the United States, Brazil and Liberia,
which were all neutrals at the time. Several German cables in
the Pacific were also seized by the British: one from the island
of Yap in the Caroline group to Singapore, connecting there
with the Dutch and British cables; and another connecting
this cable with Celebes. The importance of these lines as
means of communication with the most remote parts of the
earth renders the disposition to be made of them a matter of
international concern. The laying and protection of ocean
cables presents an international problem of continuing im-
portance. No single nation or group of nations is competent
to make law for the ocean.

On March 15, 1886, a convention was signed at Brussels by
the plenipotentiaries of the United States, Belgium, Brazil,
Spain, Italy, Portugal, Servia, and Switzerland providing for
international exchange of official documents, scientific and lit-
erary publications. Other states were invited to adhere to it.
This convention provides for exchanges of documents through
bureaus to be established in each of the contracting states. It
does not establish any international bureau.”®

THE AFRICAN SLAVE TRADE

Slavery has been recognized by the laws of most of the
countries of the world from the earliest ages of which we
have any account until modern times. The Greeks and Ro- *”
mans enslaved their prisoners of war and slavery persisted
throughout the Roman Empire until it was converted into
serfdom by the feudal system. At the time of the discovery
of America slavery was not recognized by the laws of any.
European country except Turkey, which was always more

18 Senate Documents, 2d Session, 61st Congress, 48, 1959.
GENERAL WELFARE CONVENTIONS II5

Asiatic than European. But at a very early stage of the set-
tlement of America the Europeans began the introduction of
slavery into the colonies. Columbus proposed an exchange of
his Carib Indian prisoners as slaves for live stock to be fur-
nished to Hispanola by Spanish merchants and in 1494 sent
home more than 500 of them, but Queen Isabella would not
permit them to be sold at Seville and ordered them sent back.
The Spaniards, however, did not hesitate to enslave the In-
dians in America. The Portuguese had commenced traffic in
African slaves before the discovery of America. They at first
obtained negroes from the coast of Africa and brought them
into Spain where they were made slaves. When Ovando was
sent to Hispanola as governor in 1502 permission was given -
to carry to the colony negro slaves born in Spain. From this
time on the slave trade grew with the settlement of America,
and was soon participated in by traders from all the maritime
nations of Europe. In 1620 a Dutch ship from the coast of
Guinea visited. Jamestown, Virginia, and sold part of her
cargo of negroes to the tobacco planters. This appears to
have been the beginning of slavery in British America. By
the treaty of Utrecht a contract for supplying the Spanish
colonies with 4,800 negroes annually, which had previously
passed from the Dutch to the French, was transferred to Great
Britain, and an English company was to enjoy the monopoly
for thirty years from May 1, 1713. The British slave trade
reached its maximum just before the revolt of the American
colonies, when there were 192 slave ships from Liverpool,
London, Bristol, and Lancaster, engaged in the traffic, with
total space for the transport of 47,146 negroes. After the
war the number of stations on the coast of Africa from which
slaves were procured is given as forty, of which 14 were
English, 3 French, 15 Dutch, 4 Portuguese, and 4 Danish. It
was estimated that the annual traffic of the different nations in
1790 was, by the British, 38,000, by the French, 20,000, by
the Dutch, 4,000, by the Danes, 2,000, by the Portuguese,
10,000, total 74,000. It seems almost incredible that the pro-
fessedly Christian nations of Europe could all join in the
cruelties of this traffic. The business of obtaining the negroes
116 INTERNATIONAL RELATIONS

in Africa was of course carried on in utter disregard of every
humane principle. War was waged to get prisoners, and the
whole coast and far into the interior of Africa was kept in a
constant state of turmoil. When they could not capture
enough from other tribes to supply the demand the chiefs
often sold members of their own. Great numbers were killed
in the forays to capture them and died from the cruel treat-
ment given them after capture. Of those shipped across the
ocean 121% per cent are said to have died during the passage
and 3734 per cent more in port and during the process of
breaking them in as slaves.*° The barbarities of the traffic
shocked the moral sense of all Christendom. The total colored
- population of the United States, substantially all of whom
were imported as slaves or the descendants of them, was
757,208 according to the census of 1790. In 1910 the colored
population had increased to 10,239,579. Though the revo-
lutionary fathers were keenly alive to the immorality of the
slave trade and desired to put an end to it, the influence of
those engaged in the traffic was such that the constitution pre-
vented Congress from prohibiting the importation of negroes
until 1808.7
The growth of sentiment against slavery and the slave trade
both in Europe and America was very rapid in the nineteenth
century. By the constitutions of Chile of 1833 and of the
Argentine Republic of 1860 slavery was abolished in those
countries, and with the abolition in the United States in 1863,
slavery ceased to be an institution of the western hemisphere.
The Portuguese who were pioneers in the trade were the last
to abandon it by royal decree in 1836. The great traffic in
slaves which had been so active between the coasts of Africa
and America during the eighteenth came to an end during
the first half of the nineteenth century. But this did not
put an end to the traffic nor to the disorders on the African
continent resulting from it. Slavery still existed in the Mo-
hammedan countries of northern Africa and western Asia.
19 Encyclopedia Brittannica, XXII, 137, 138.

20 Statistical Abstract, 1911, p. 30.
21 Constitution of the United States, Art. I, Sec. o.
GENERAL WELFARE CONVENTIONS 117

Africa was still the source of supply and the hunters and trad-
ers were still busy in gathering and transporting slaves from
Africa to Turkey, Persia, Arabia and neighboring countries,
The people of European countries which had been most active
in the slave-trade between Africa and America became inter-
ested in the legitimate trade with Africa and therefore in the
pacification and civilization of that continent. The crimes and
barbarities of slave hunters were utterly incompatible with so-
cial order and industrial and commercial development. Great
Britain, France, Portugal, Denmark, the Netherlands and
Spain, all of which had ceased to tolerate slavery in their pos-
sessions, induced slave-holding Turkey and Persia to join in
putting an end to the slave-trade. It was a vast undertaking,
requiring not only the policing of nearly the whole eastern
coast of Africa, but also supervision of the caravan routes
across the desert. Most of the slaves were taken from parts
of the continent over which there was no organized govern-
ment. Transportation of them to the countries of Asia was
mostly by sea, and it was necessary to search and seize vessels
employed in the traffic. Guns and ammunition were used by
the slave-hunters in their raids to capture negroes and intoxi-
cating liquors in their schemes to take them by fraud and
deception. It was therefore deemed necessary to stop the im-
portation of arms and ammunition and of distilled liquors.
At a conference of powers representing Europe, Asia,
Africa and North America, held at Brussels in 1890, a
general act for the repression of the African slave-trade was
‘agreed upon and signed by representatives of the follow-
ing powers: the United States, Germany, Austria~-Hun-
gary, Belgium, Denmark, Spain, Independent State of the
Congo, France, Great Britain, Italy, the Netherlands, Luxem- °
burg, Persia, Portugal, Russia, Sweden and Norway, Turkey
and Zanzibar. By this act these powers undertook to legislate
for the greater part of the African continent, the Indian Ocean
and adjoining seas and gulfs on the subject of the slave-trade
and the introduction of fire-arms and intoxicating liquors into
Africa. These nations assumed a joint guardianship of the
savage tribes of Africa, and undertook to protect them from
118 INTERNATIONAL RELATIONS

the evils of these traffics and pacify the continent. Since then
most of the powers which were parties to this humane under-
taking have been engaged, between themselves, in the greatest
and most destructive war ever known. They deemed them-
selves competent to preserve peace in Africa, but have utterly
failed to preserve peace in Europe and Asia. Notwithstanding
this failure at home, the good accomplished by this joint un-
dertaking has been very great and its effects will doubtless be
preserved. Though there are still cases of traffic in slaves,
they are now very rare. The following is the full text of this
most remarkable piece of international legislation.

‘(GENERAL ACT FOR THE REPRESSION OF AFRICAN SLAVE TRADE

Chapter I. Slave-trade countries—Measures to be taken in the
places of origin.

Article I. The powers declare that the most effective means of coun-
teracting the slave-trade in the interior of Africa are the following:

1. Progressive organization of the administrative, judicial, religious,
and military services in the African territories placed under the sov-
-ereignty or protectorate of civilized nations.

2. The gradual establishment in the interior, by the powers to which
the territories are subject, of strongly occupied stations, in such a way
as to make their protective or repressive action effectively felt in the
territories devastated by slave hunting.

3. The construction of roads, and in particular of railways, connecting
the advanced stations with the coast, and permitting easy access to the
inland waters, and to such of the upper courses of the rivers and streams
as are not broken by rapids and cataracts, with a view to substituting
economical and rapid means of transportation for the present system of
carriage by men.

4. Establishment of steam-boats on the inland navigable waters and on
the lakes, supported by fortified posts established on the banks.

5. Establishment of telegraphic lines, insuring the communication of the
posts and stations with the coast and with the administrative centres.

6. Organization of expeditions and flying columns, to keep up the com-
munication of stations with each other and with the coast to support re-
pressive action, and to insure the security of high roads.

7. Restriction of the importation of fire-arms, at least of those of
modern pattern, and of amunition throughout the entire extent of the ter-
ritory in which the slave-trade is carried on.

Art. II. The stations, the inland cruisers organized by each power in
its waters, and the posts which serve as ports of register for them shall,
GENERAL WELFARE CONVENTIONS 110

independently of their principal task, which is to prevent the capture of
slaves and intercept the routes of the slave trade, have the following
subsidiary duties:

1. To support and, if necessary, to serve as a refuge for the native
population, whether placed under the sovereignty or the protectorate of
the state to which the station is subject, or independent, and temporarily
for all other natives in case of imminent danger; to place the population
of the first of these categories in a position to co-operate for their own
defense; to diminish the intestine wars between tribes by means of arbi-
tration; to initiate them in agricultural labor and in the industrial arts
so as to increase their welfare; to raise them to civilization and bring
about the extinction of barbarous customs, such as cannibalism, and
human sacrifices.

2. To give aid and protection to commercial enterprises; to watch over
their legality by especially controlling contracts for service with natives,
and to prepare the way for the foundation of permanent centers of culti-
vation and of commercial settlements.

3. To protect, without distinction of creed, the missions which are al-
ready or that may hereafter be established.

4. To provide for the sanitary service and to extend hospitality and
help to explorers and to all who take part in Africa in the work of re-
pressing the slave-trade.

Art. III. The powers exercising a sovereignty or a protectorate in
Africa confirm and give precision to their former declarations, and en-
gage to proceed gradually, as circumstances may permit, either by the
means above indicated, or by any other means that they may consider
suitable, with the repression of the slave-trade, each State in its respective
possessions and under its own direction. Whenever they consider it pos-
sible, they shall lend their good offices to such powers as, with a purely
humanitarian object, may be engaged in Africa in the fulfillment of a
similar mission.

Art. IV. The States exercising sovereign powers or protectorates in
Africa may in all cases delegate to companies provided with charters all
or a portion of the engagements which they assume in virtue of Article
III. They remain, nevertheless, directly responsible for the engagements
which they contract by the present act, and guarantee the execution
thereof. The powers promise to encourage, aid and protect such national
associations and enterprises due to private initiative as may wish to co-
operate in their possessions in the repression of the slave-trade, subject to
their receiving previous authorization, such authorization being revokable
at any time, subject also to their being directed and controlled, and to
the exclusion of the exercise of rights of sovereignty.

Art. V. The contracting powers pledge themselves, unless this has
already been provided for by laws in accordance with the spirit of the
120 INTERNATIONAL RELATIONS

present article, to enact or propose to their respective legislative bodies,
in the course of one year at the latest from the date of the signing of the
present general act, a law rendering applicable, on the one hand, the pro-
visions of their penal laws concerning grave offenses against the person,
to the organizers and abettors of slave-hunting, to those guilty of mutilat-
ing male adults and children, and to all persons taking part in the cap-
ture of slaves by violence; and, on the other hand, the provisions relat-
ing to offenses against individual liberty, to carriers and transporters of,
and to dealers in slaves.

The accessories and accomplices of the different categories of slave
captors and dealers above specified shall be punished with penalties pro-
portionate to those incurred by the principals.

Guilty persons who may have escaped from the jurisdiction of the au-
thorities of the country where the crimes or offenses have been commit-
ted shall be arrested either on communication of the incriminating evi-
dence by the authorities who have ascertained the violation of the law,
or on production of any other proof of guilt by the power in whose ter-
ritory they may have been discovered, and shall be kept, without other
formality, at the disposal of the tribunals competent to try them.

The powers shall communicate to one another, with the least possible
delay, the laws or decrees existing or promulgated in execution of the
present Article.

Art. VI. Slaves liberated in consequence of the stoppage or dispersion
of a convoy in the interior of the continent, shall be sent back, if circum-
stances permit, to their country of origin; if not, the local authorities
shall facilitate, as much as possible, their means of living, and if they’
desire it, help them to settle on the spot.

Art. VII. Any fugitive slave claiming, on the continent, the protection
of the signatory powers, shall receive it, and shall be received in the camps
and stations officially established by said powers, or on board of the ves-
sels of the State plying on the lakes and rivers. Private stations and
boats are only permitted to exercise the right of asylum subject to the
previous consent of the State.

Art. VIII. The experience of all nations that have intercourse with
Africa having shown the pernicious and preponderating part played by
fire-arms in operations connected with the slave-trade as well as internal
wars between the native tribes; and this same experience having clearly
proved that the preservation of the African population whose existence
it is the express wish of the powers to protect, is a radical impossibility,
if measures restricting the trade in fire-arms and amunition are not
adopted, the powers decide, so far as the present state of their frontiers
permits, that the importation of fire-arms, and especially of rifles and
improved weapons, as well as of powder, ball and cartridges, is, except
in the cases and under the conditions provided for in the following
GENERAL WELFARE CONVENTIONS 12]

Article, prohibited in the territories comprised between the 2oth parallel
of North latitude and the 22d parallel of South latitude, and extending
westward to the Atlantic Ocean and eastward to the Indian Ocean and
its dependencies, including the islands adjacent to the coast within 100
nautical miles from the shore.

Art. IX. The introduction of fire-arms and ammunition, when there
shall be occasion to authorize it in the possessions of the signatory powers
that exercise rights of sovereignty or of protectorate in Africa, shall be
regulated, unless identical or stricter regulations have already been en-
forced, in the following manner in the zone defined in Article VIII:

All imported fire-arms shall be deposited, at the cost, risk and peril
of the importers, in a public warehouse under the supervision of the
State government. No withdrawal of fire-arms or imported ammunition
shall take place from such warehouses without the previous authoriza-
tion of the said government. This authorization shall, except in the cases
hereinafter specified, be refused for the withdrawal of all arms for ac-
curate firing, such as rifles, magazine guns, or breech-loaders, whether
whole or in detached pieces, their cartridges, caps, or other ammunition
intended for them.

In seaports and under conditions affording the needful guarantees, the
respective governments may permit private warehouses, but only for ordi-
nary powder and for flint-lock muskets, and to the exclusion of improved
arms and ammunition therefor.

Independently of the measures directly taken by the governments for
the arming of the public force and the organization of their defence, in-
dividual exceptions may be allowed in the case of persons furnishing
sufficient guarantees that the weapon and ammunition delivered to them
shall not be given, assigned or sold to third parties, and for travelers
provided with a declaration of their government stating that the weapon
and ammunition are intended for their personal defence exclusively.

All arms, in the cases provided for in the preceding paragraph, shall
be registered and marked by the supervising authorities, who shall deliver
to the persons in question permits to bear arms, stating the name of the
bearer and showing the stamp with which the weapon is marked. These
permits shall be revocable in case proof is furnished that they have been
improperly used, and shall be issued for five years only, but may be
renewed.

The above rule as to warehousing shall also apply to gunpowder.

Only flint-lock guns, with umnrifled barrels, and common gunpowder
known as trade powder, may be withdrawn from the warehouses for sale.
At each withdrawal of arms and ammunition of this kind for sale, the
local authorities shall determine the regions in which such arms and
ammunition may be sold. The regions in which the slave-trade is carried
on shall always be excluded. Persons authorized to take arms or powder
122 INTERNATIONAL RELATIONS

out of the public warehouses, shall present to the State government,
every six months, detailed lists indicating the destinations of the arms
and powder sold, as well as the quantities still remaining in the ware-
houses.

Art. X. The Governments shall take all such measures as they may
deem necessary to insure as complete a fulfillment as possible of the pro-
visions respecting the importation, sale and transportation of fire-arms
and ammunition, as well as to prevent either the entry or exit thereof
via the inland frontiers, or the passage thereof to regions where the
slave-trade is rife.

The authorization of transit within the limits of the zone specified in
Article VIII, shall not be withheld when the arms and ammunition are
to pass across the territory of the signatory or adherent power cccupying
the coast, towards inland territories under the sovereignty or protectorate
of another signatory or adherent power, unless this latter power have
direct access to the sea through its own territory. If this access be
wholly interrupted, the authorization of transit cannot be withheld. Any
application for transit must be accompanied by a declaration emanating
from the government of the power having the inland possessions, and
certifying that the said arms and ammunition are not intended for sale,
but are for the use of the authorities of such power, or the military
forces necessary for the protection of the missionary or commercial sta-
tions, or of persons mentioned by name in the declaration. Neverthe-
less, the territorial power of the coast retains the right to stop, excep-
tionally and provisionally, the transit of improved arms and ammunition
across its territory, if, in consequence of inland disturbances or other
serious danger, there is ground for fearing lest the dispatch of arms
and ammunition may compromise its own safety.

Art. XI. The powers shall communicate to one another information
relating to the traffic in fire-arms and ammunition, the permits granted,
and the measures of repression in force in their respective territories.

Art. XII. The powers engage to adopt or to propose to their respec-
tive legislative bodies the measures necessary everywhere to secure the
punishment of infringers of the prohibitions contained in Articles VIII
and IX, and that of their accomplices, besides the seizure and confisca-
tion of the prohibited arms and ammunition, either by fine or imprison-
ment, or by both of these penalties, in proportion to the importance of
the infraction and in accordance with the gravity of each case.

Art. XIII. The signatory powers that have possessions in Africa in
contact with the zone specified in Article VIII, bind themselves to take
the necessary measures for preventing the introduction of fire-arms and
ammunition across their inland frontiers into the regions of said zone, at
least that of improved arms and cartridges.

Art. XIV. The system stipulated in Articles VIII to XIII, shall re-
GENERAL WELFARE CONVENTIONS 123

main in force for twelve years. In case none of the contracting parties
shall have given notice twelve months before the expiration of this
period, of its intention to put an end to it, or shall have demanded its
revision, it shall remain obligatory for two years longer, and shall thus
continue in force from two years to two years.

Chapter II. Caravan Routes and Transportation of Slaves by land.

Art. XV. Independently of the repressive or protective action which
they exercise in the centers of the slave-trade, it shall be the duty of the
stations, cruisers and posts, whose establishment is provided for in
Article II, and of all other stations established or recognized by Article
IV, by each government in its possessions, to watch, so far as circum-
stances will permit, and in proportion to the progress of their adminis-
trative organization, the roads traveled in their territory by slave-dealers,
to stop convoys on the march, or to pursue them wherever their action
can be legally exercised.

Art. XVI. In the regions of the coast known to serve habitually as
places of passage or terminal points for slave-traffic coming from the
interior, as well as at the points of intersection of the principal caravan
routes crossing the zone contiguous to the coast already subject to the
control of the sovereign or protective powers, posts shall be established
under the conditions and with the reservations mentioned in Article III,
by the authorities to which the territories are subject, for the purpose of
intercepting the convoys and liberating the slaves.

Art, XVII. A strict watch shall be organized by the local authorities
at the ports and places near the coast, with a view to preventing the sale
and shipment of slaves brought from the interior, as well as the forma-
tion and departure landwards of bands of slave-hunters and dealers.

Caravans arriving at the coast or in its vicinity, as well as those arriv-
ing in the interior at a locality occupied by the territorial power, shall, on
their arrival, be subjected to a minute inspection as to the persons com-
posing them. Any such person being ascertained to have been captured
or carried off by force, or mutilated, either in his native place or on the
way, shall be set free.

Art. XVIII. In the possessions of each of the contracting powers, it
shall be the duty of the government to protect liberated slaves, to return
them, if possible, to their country, to procure means of subsistence for
them, and, in particular, to take charge of the education and subsequent
employment of abandoned children.

Art. XIX. The penal arrangements provided for by Article V shall be
applicable to all offences committed in the course of operations connected
with the transportation of and traffic in slaves on land whenever such
offences may be ascertained to have been committed.

Any person having incurred a penalty in consequence of an offence
provided for by the present general act, shall incur the obligation of
124 INTERNATIONAL RELATIONS

furnishing security before being able to engage in any commercial trans-
action in countries where the slave-trade is carried on.
Chapter III. Repression of the Slave-trade by Sea.
Section I. General provisions.

Art. XX. The sighatory powers recognize the desirability of taking
steps in common for the more effective repression of the slave-trade in
the maritime zone in which it still exists.

Art. XXI. This zone extends, on the one hand, between the coasts of
the Indian Ocean (those of the Persian Gulf and Red Sea included),
from Beloochistan to Cape Tangalane (Quilimane) ; and, on the other
hand, a conventional line which follows the meridian from Tangalane
till it intersects the 26th degree of South latitude; it is then merged in
this parallel, then passes round the Island of Madagascar by the east,
keeping 20 miles off the east and north shore, till it intersects the meridian
at Cape Ambre. From this point the limit of the zone is determined by
an oblique line, which extends to the coast of Beloochistan, passing 20
miles off Cape Ras-el-Had.

Art. XXII. The signatory powers of the present general act,—among
whom exist special conventions for the suppression of the slave-trade,
have agreed to restrict the clauses of those conventions concerning the
reciprocal right of visit, of search and of seizure of vessels at sea, to the
above mentioned zone.

Art. XXIII. The same powers also agree to limit the above men-
tioned right to vessels whose tonnage is less than 500 tons. This stipula-
tion shall be revised as soon as experience shall show the necessity
therefor.

Art. XXIV. All other provisions of the conventions concluded for the
suppression of the slave-trade between the aforesaid powers shall remain
in force provided they are not modified by the present general act.

Art. XXV. The signatory powers engage to adopt efficient measures
to prevent the unlawful use of their flag, and to prevent the transporta-
tion of slaves on vessels authorized to fly their colors.

Art. XXVI. The signatory powers engage to adopt all measures neces-
sary to facilitate the speedy exchange of information calculated to lead
to the discovery of persons taking part in operations connected: with the
slave-trade.

Art. XXVII. At least one international bureau shall be created; it
shall be established at Zanzibar. The high contracting parties engage
to forward to it all the documents specified in Article XLI, as well as all
information of any kind likely to assist in the suppression of the slave-
trade.

Art. XXVIII. Any slave who has taken refuge on board a ship of war
bearing the flag of one of the signatory powers, shall be immediately and
definitely set free. Such freedom, however, shall not withdraw him from
GENERAL WELFARE CONVENTIONS 125

the competent jurisdiction if he has been guilty of any crime or offense
at common law.

Art. XXIX. Any slave detained against his will on board of a native
vessel shall have the right to demand his liberty. His release may be
ordered by any agent of any of the signatory powers on whom the present
general act confers the right of ascertaining the status of persons on
board of such vessels, although such release shall not withdraw him
from the competent jurisdiction if he has committed any crime or of-
fense at common law.

Section II. Regulation concerning the use of the flag and supervision
by cruisers.
1. Rules for granting the flag to native vessels, and as to crew lists
and manifests of black passengers on board.

Art. XXX. The signatory powers engage to exercise a strict surveil-
lance over native vessels authorized to carry their flag in the zone men-
tioned in Article XXI, and over the commercial operations carried on by
such vessels.

Art. XXXI. The term “native vessel” applies to vessels filling one of
the following conditions:

1. It shall present the outward appearance of native build or rigging.

2. It shall be manned by a crew of whom the captain and a majority
of the seamen belong by origin to one of the countries on the coast of
the Indian Ocean, the Red Sea, or the Persian Gulf.

Art. XXXII. The authorization to carry the flag of one of the said
powers shall in future be granted only to such native vessels as shall
satisfy at the same time the three following conditions:

1. Fitters-out or owners of ships must be either subjects of or persons
protected by the power whose flag they ask to carry.

2. They shall be obliged to prove that they possess real estate situated
in the district of the authority to whom their application is addressed, or
to furnish bona fide security as a guaranty of the payment of such fines
as may be incurred.

3. The above-named fitters-out or owners of ships, as well as the cap-
tain of the vessel, shall prove that they enjoy a good reputation, and that
in particular they have never been sentenced to punishment for acts con-
nected with the slave trade.

Art. XXXIII. This authorization shall be renewed every year. It
may at any time be suspended or withdrawn by the authorities of the
power whose colors the vessel carries.

Art. XXXIV. The act of authorization shall contain the statements
necessary to identify the vessel. The captain shall have the keeping
thereof. The name of the vessel and the amount of its tonnage shall
be cut and painted in Latin characters on the stern, and the initial or ini-
tials of the name of the port of registry, as well as the registration num-
126 INTERNATIONAL RELATIONS

ber in the series of the numbers of that port, shall be printed in black on
the sails. ‘

Art, XXXV. A list of the crew shall be issued to the captain of the
vessel at the port of departure by the authorities of the power whose
colors it carries. It shall be renewed at every fresh venture of the
vessel, or, at the latest, at the end of a year, and in accordance with the
following provisions:

1. The vessel shall be visaed at the departure of the vessel by the
authority that has issued it.

2. No.negro can be engaged as a seaman on a vessel without having
previously been questioned by the authority of the power whose colors
it carries, or, in default thereof, by the territorial authority, with a view
to ascertaining the fact of his having contracted a free engagement.

3. This authority shall see that the proportion of seamen and boys is
not out of proportion to the tonnage or rigging.

4. The authorities who shall have questioned the men before their de-
parture shall enter them on the list of the crew in which they shall be
mentioned with a summary description of each of them alongside his
name.

5. In order the more effectively to prevent any substitution, the sea-
men may, moreover, be provided with a distinctive mark.

Art. XXXVI. When the captain of a vessel shall desire to take negro
passengers on board, he shall make his declaration to that effect to the
authority of the power whose colors he carries, or in default thereof, to
the territorial authority. The passengers shall be questioned, and after
it is ascertained that they embarked of their own free will, they shall be
entered in a special manifest, bearing the description of each of them
alongside of his name, and specially sex and height. Negro children
shall not be taken as passengers unless they are accompanied by their re-
lations, or by persons whose respectability is well known. At the de-
parture, the passenger roll shall be visaed by the aforesaid authority after
it has been called. If there are no passengers on board, this shall be
specially mentioned in the crew-list.

Art. XXXVI. At the arrival at any port of call or of destination, the
captain of the vessel shall show to the authority of the power whose flag
he carries, or, in default thereof, to the territorial authority, the crew-
list, and, if need be, the passenger-roll previously delivered. The authority
shall check the passengers who have reached their destination or who
are stopping in a port of call, and shall mention their landing in the roll.
At the departure of the vessel, the same authority shall affix a fresh
visé to the list and roll, and call the roll of the passengers.

Art. XXXVIII. On the African coast and on the adjacent islands, no
negro passengers shall be taken on board of a native vessel, except in

localities where there is a resident authority belonging to one of the
Signatory powers, a
. GENERAL WELFARE CONVENTIONS 127

Throughout the extent of the zone mentioned in Article XXI, no negro
passenger shall be landed from a native vessel except at a place in which
there is a resident officer belonging to one of the high contracting pow-
ers, and unless such officer is present at the landing.

Cases of vis major that may have caused an infraction of these pro-
visions shall be examined by the authority of the power whose colors
the vessel carries, or, in default thereof, by the territorial authority of
the port at which the vessel in question calls.

Art. XXXIX. The provisions of Articles XXXV, XXXVI, XXXVII,
and XXXVIII, are not applicable to vessels only partially decked, having
a crew not exceeding ten men, and filling one of the two following con-
ditions :

1. That it be exclusively used for fishing within the territorial waters.

2. That it be occupied in the petty coasting trade between the different
ports of the same territorial power, without going farther than five miles
from the coast.

These different boats shall receive, as the case may be, a special license
from the territorial or consular authority, which shall be renewed every
year, and subject to revocation as provided in Article XL, the uniform
model of which license is annexed to the present general act and shall be
communicated to the international information office.

Art. XL. Any act or attempted act connected with the slave-trade that
can be legally shown to have been committed by the captain, fitter-out,
or owner of a ship authorized to carry the flag of one of the signatory
powers, or having procured the license provided for in Article XXXIX,
shall entail the immediate withdrawal of the said authorization or license.
All violations of the provisions of Section 2 of Chapter III shall render
the person guilty thereof .liable to the penalties provided by the special
laws and ordinances of each of the contracting parties.

Art. XLI. The signatory powers engage to deposit at the international
information office the specimen forms of the following documents:

1. License to carry the flag;

2. The crew-list;

3. The negro passenger list.

These documents, the tenor of which may vary according to the differ-
ent regulations of each country, shall necessarily contain the following
particulars, drawn up in one of the European languages:

1. As regards the authorization to carry the flag:

(a) The name, tonnage, rig, and the principal dimensions of the vessel ;

(b) The register number and the signal letter of the port of registry;

(c) The date of obtaining the license, and the office held by the per-
son who issued it.

2. As regards the list of the crew:

(a) The name of the vessel, of the captain and the fitter-out or owner;

(b) The tonnage of the vessel; :
128 INTERNATIONAL RELATIONS

(c) The register number and the port of registry, its destination, as
well as the particulars specified in Article XXV.

3. As regards the list of negro passengers:

The name of the vessel which conveys them, and the particulars in-
dicated in Article XXXVI, for the proper identification of the passengers.

The signatory powers shall take the necessary measures so that the
territorial authorities or their consuls may send to the same office certi-
fied copies of all authorizations to carry their flag as soon as such author-
izations shall have been granted, as well as notices of the withdrawal of
‘any such authorization.

The provisions of the present article have reference only to papers in-
tended for native vessels.

2. The stopping of suspected vessels.

Art. XLII. When the officers in command of war-vessels of any of
the signatory powers have reason to believe that a vessel whose tonnage
is less than 500 tons, and which is found navigating in the above-named
zone, is engaged in the slave-trade or is guilty of the fraudulent use of
a flag, they may examine the ship’s papers.

The present article does not imply any change in the present state of
things as regards jurisdiction in territorial waters.

Art. XLIII. To this end, a boat commanded by a naval officer in uni-
form may be sent to board the suspected vessel after it has been hailed
and informed of this intention.

The officers sent on board of the vessel which has been stopped shall
act with all possible consideration and moderation.

Art. XLIV. The examination of the ship’s papers shall consist of the
examination of the following documents:

1. As regards native vessels, the papers mentioned in Article XLI.

2. As regards other vessels, the documents required by the’ different
treaties or conventions that are in force.

The examination of the ship’s papers only authorizes the calling of the
roll of the crew and passengers in the cases and in accordance with the
conditions provided for in the following article.

Art. XLV. The examination of the cargo or the search can only take
place in the case of vessels sailing under the flag of one of the powers
that have concluded, or may hereafter conclude the special conventions
provided for in Article XXII, and in accordance with the provisions of
such conventions.

Art. XLVI. Before leaving the detained vessel, the officer shall draw
up a minute according to the forms and in the language in use in the
country to which he belongs.

This minute shall be dated and signed by the officer, and shall recite
the facts.

The captain of the detained vessel, as well as the witnesses, shall have
GENERAL WELFARE CONVENTIONS 129

the right to cause to be added to the minutes any explanations they may
think expedient.

Art. XLVII. The commander of a man-of-war who has detained a
vessel under a foreign flag shall, in all cases, make a report thereof to his
own government, and state the grounds upon which he acted.

Art. XLVIII. A summary of this report, as well as a copy of the
minute drawn up by the officer on board the detained vessel, shall be sent,
as soon as possible, to the international information office, which shall
communicate the same to the nearest consular or territorial authority of
the power whose flag the vessel in question has shown. Duplicates of
these documents shall be kept in the archives of the bureau.

Art. XLIX. If, in performing the acts of supervision mentioned in the
preceding articles, the officer in command of the cruiser is convinced that
an act connected with the slave-trade has been committed on board
during the passage, or that irrefutable proofs exist against the captain,
or fitter-out, for accusing him of fraudulent use of the flag, or fraud, or
participation in the slave-trade, he shall conduct the arrested vessel to the
nearest port of the zone where there is a competent magistrate of the
power whose flag has been used.

Each signatory power engages to appoint in the zone, and to make
known to the international information office, the territorial or consular
authorities or special delegates who are competent in the above men-
tioned cases. ;

A suspected vessel may also be turned over to a cruiser of its own na-
tion, if the latter consents to take charge of it.

°3, Of the examination and trial of vessels seized.

Art. L. The magistrate referred to in the preceding article, to whom
the arrested vessel has been turned over, shall proceed to make a full
investigation, according to the laws and rules of his country, in the pres-
ence of an officer belonging to the foreign cruiser.

Art. LI. If it’is proved by the inquiry that the flag has been fraudu-
lently used, the arrested vessel shall remain at the disposal of its captor.

Art. LII. If the examination shows an act connected with the slave-
trade, proved by the presence on board of slaves destined for sale, or any
other offense connected with the slave-trade for which provision is made
by special convention, the vessel and cargo shall remain sequestered in
charge of the magistrate who shall have conducted the inquiry.

The captain and crew shall be turned over to the tribunals designated
by Articles LIV and LVI. The slaves shall be set at liberty as soon as
judgment has been pronounced.

In the cases provided for by this article, liberated slaves shall be dis-
posed of in accordance with the special conventions concluded, or to be
concluded, between the signatory powers. In default of such conven-
tions, the said slaves shall be turned ,over to the local authority, to be
130 INTERNATIONAL RELATIONS

sent back, if possible, to their country of origin; if not, this authority
shall facilitate to them, in so far as it may be in its power, the means of
livelihood, and, if they desire it, of settling on the spot.

Art. LIII. If it shall be proved by the inquiry that the vessel has
been illegally arrested, there shall be clear title to an indemnity in pro-
portion to the damages suffered by the vessel being taken out of its course.

The amount of this indemnity shall be fixed by the authority that has
conducted the inquiry.

Art. LIV. In case the officer of the capturing vessel does not accept
the conclusions of the inquiry held in his presence, the matter shall be
turned over to the tribunal of the nation whose flag the captured vessel
has borne.

No exception shall be made to this rule, unless the disagreement arises
in respect of the amount of the indemnity stipulated in Article LIII, and
this shall be fixed by arbitration, as specified in the following article.

Art. LV. The capturing officer and the authority which has conducted
the inquiry shall each appoint a referee within forty-eight hours, and the
two arbitrators shall have twenty-four hours to choose an umpire. The
arbitrators shall, as far as possible, be chosen from among the diplomatic,
consular, or judicial officers of the signatory powers. Natives in the
pay of the contracting Governments are formally excluded. The decision
shall be by a majority of votes, and be considered as final.

If the court of arbitration is not constituted in the time indicated, the
procedure in respect of the indemnity, as in that of damages, shall be in
accordance with the provisions of Article LVIII, paragraph 2.

Art. LVI. The cases shall be brought with the least possible delay be-
fore the tribunal of the nation whose flag has been used by the accused.
However, the consuls or any other authority of the same nation as the
accused, specially commissioned to this end, may be authorized by their
Government to pronounce judgment instead of the tribunal.

Art. LVII. The procedure and trial of violations of the provisions of
Chapter III shall always be concluded in as summary a manner as is per-
mitted by the laws and regulations in force in the territories subject to
the authority of the signatory powers.

Art. LVIII. Any decision of the national tribunal or authorities re-
ferred to in Article LVI, declaring that the seized vessel did not carry
on the slave-trade, shall be immediately enforced, and the vessel shall be
at perfect liberty to continue on its course.

In this case, the captain or owner of any vessel that has been seized
without legitimate ground of suspicion, or subjected to annoyance, shall
have the right of claiming damages, the amount of which shall be fixed
by agreement between the Governments directly interested, or by arbitra-
tion, and shall be paid within a period of six months from the date of
the judgment acquitting the captured vessel.
GENERAL WELFARE CONVENTIONS 131

Art. LIX. In case of condemnation, the sequestered vessel shall be
declared lawfully seized for the benefit of the captor.

The captain, crew, and all other persons found guilty shall be punished
according to the gravity of the crimes or offenses committed by them, and
in accordance with Article V.

Art. LX. The provisions of Articles L and LIX do not in any way
affect the jurisdiction or procedure of existing special tribunals, or of
such as may hereafter be formed to take cognizance of offenses con-
nected with the slave-trade.

Art. LXI. The high contracting parties engage to make known to one
another, reciprocally, the instructions which they shall give, for the ex-
ecution of the provisions of Chapter III, to the commanders of their
men-of-war navigating the seas of the zone referred to.

Chapter IV. Countries to which slaves are sent, whose institutions
recognize the existence of domestic slavery.

Art. LXII. The contracting powers whose institutions recognize the
existence of domestic slavery, and whose possessions, in consequence
thereof, in or out of Africa, serve, in spite of the vigilance of the authori-
ties, as places of destinations of African slaves, pledge themselves to pro-
hibit their importation, transit and departure, as well as the trade in
slaves. The most active and the strictest supervision shall be enforced at
all places where the arrival, transit, and departure of African slaves take
place.

Art. LXIII. Slaves set free under the provisions of the preceding
article shall, if circumstances permit, be sent back to the country from
whence they came. In all cases they shall receive letters of liberation
from the competent authorities, and shall be entitled to their protection
and assistance for the purpose of obtaining means of subsistence.

Art. LXIV. Any fugitive slave arriving at the frontier of any of the
powers mentioned in Article LXII shall be considered free, and shall have
the right to claim letters of release from the competent authorities.

Art. LXV. Any sale or transaction to which the slaves referred to in
Articles LXIII and LXIV may have been subjected through circum-
stances of any kind whatsoever, shall be considered as null and void.

Art. LXVI. Native vessels carrying the flag of one of the covatries
mentioned in Article LXII, if there is any indication that they are em-
ployed in operations connected with the slave-trade, shall be subjected by
the local authorities in the ports frequented by them to a strict examina-
tion of their crews and passengers both on arrival and departure. If
African slaves are found on board, judicial proceedings shall be insti-
tuted against the vessel and against all persons who may be implicated.
Slaves found on board shall receive letters of release through the authori-
ties who have seized the vessel.
132 INTERNATIONAL RELATIONS

Art. LXVII. Penal provisions similar to those provided for by Article
V shall be enacted against persons importing, transporting, and trading
in African slaves, against the mutilators of male children, or adults, and
those who traffic in them, as well as against their associates and accom-
plices.

Art. LXVIII. The signatory powers recognize the great importance
of the law respecting the prohibition of the slave-trade sanctioned by His
Majesty the Emperor of the Ottomans on the 4th (16th) of December,
1889 (22 Rebi-ul-Akhir, 1307), and they are assured that an active sur-
veillance will be organized by the Ottoman authorities, especially on the
west coast of Arabia and on the routes which place that coast in com-
munication with the other possessions of His Imperial Majesty in Asia.

Art. LXIX. His Majesty the Shah of Persia consents to organize an
active surveillance in the territorial waters and those off the coast of the
Persian Gulf and ‘Gulf of Oman which are under his sovereigaty, and
on the inland routes which serve for the transportation of slaves. The
magistrates and other authorities shall, to this effect, receive the necessary
powers.

Art. LXX. His Highness the Sultan of Zanzibar consents to give his
most effective support to the repression of crimes and offenses commit--
ted by African slave-traders on land as well as at sea. The tribunals
created for this purpose in the Sultanate of Zanzibar shall rigorously en-
force the penal provisions mentioned in Article V. In order to render
more secure the freedom of liberated slaves, both in virtue of the pro-
visions of the present general act and of the decrees adopted in this
matter by His Highness and his predecessors, a liberation office shall be
established in Zanzibar.

Art. LXXI. The diplomatic and consular agents and the naval offi-
cers of the contracting powers shall, within the limits of existing con-
ventions, give their assistance to the local authorities in order to assist
in repressing the slave-trade where it still exists. They shall be en-
titled to be present at trials for slave-trading brought about at their in-
stance, without, however, being entitled, to take part in the deliberations.

Art. LXXII. Liberation offices, or institutions in lieu thereof, shall
be organized by the governments of the countries to which African slaves
are sent, for the purposes specified in Article XVII.

Art. LXXIII. The signatory powers having undertaken to communi-
cate to one another all information useful for the repression of the slave-
trade, the Governments whom the present chapter concerns shall peri-
odically exchange with the other Governments statistical data relating
to slaves intercepted and liberated, and to the legislative and adminis-
trative measures which have been taken for suppressing the slave-trade.
GENERAL WELFARE CONVENTIONS 133

Chapter V. Institutions intended to insure the execution of the
general act.

Section I. Of the international maritime office.

Art. LXXIV. In accordance with the provisions of Article XXVII,
an international office shall be instituted at Zanzibar, in which each of
the signatory powers may be represented by a delegate.

Art. LXXV. The office shall be constituted as soon as three powers
have appointed their respresentatives.

It shall draw up regulations fixing the manner of exercising its func-
tions. These regulations shall immediately be submitted to the approval
of such signatory powers as shall have signified their intention of being
represented in this office. They shall decide in this respect within the
shortest possible time.

Art. LXXVI. The expenses of this institution shall be divided in equal
parts among the signatory powers mentioned in the preceding article.

Art. LXXVII. The object of the office at Zanzibar shall be to central-
ize all documents and information of a nature to facilitate the repression
of the slave-trade in the maritime zone. For this purpose the signatory
powers engage to forward within the shortest time possible:

1. The documents specified in Article XLI.

2. Summaries of the reports and copies of the minutes referred to in
Article XLVIII.

3. The lists of the territorial or consular authorities and special dele-
gates competent to take action as regards vessels seized according to the
terms of Article XLIX.

4. Copies of judgments and condemnations in accordance with Article
LVIII.

5. All information that may lead to the discovery of persons engaged
in the slave-trade in the above-mentioned zone.

Art. LXXVIII. The archives of the office shall always be open to the
naval officers of the signatory powers authorized to act within the limits
of the zone defined by Article XXI, as well as to the territorial or judicial
authorities, and to consuls specially designated by their Governments.

The office shall supply to foreign officers and agents authorized to con-
sult its archives, translations into a European language of documents
written in an oriental language.

It shall make the communications provided for in Article XLVIII.

Art. LXXIX. Auxiliary offices in communication with the office at
Zanzibar may be established in certain parts of the zone, in pursuance of
a previous agreement between the interested powers.

They shall be composed of delegates of these powers, and established in
accordance with Articles LXXV, LXXVI, and LXXVIII.

The documents and information specified in Article LXXVII, so far
134 INTERNATIONAL RELATIONS

as they relate to a part of the zone specially concerned, shall be sent to
them directly by the territorial and consular authorities of the region in
question, but this shall not exempt the latter from the duty of communi-
cating the same to the office at Zanzibar, as provided by the same article.

Art. LXXX. The office at Zanzibar shall prepare in the first two
months of every year, a report of its own operations and of those of the
auxiliary offices, during the past twelve months.

Section II. Of the exchange between the Governments of documents
and information relating to the slave-trade.

Art. LXXXI. The powers shall communicate to one another, to the
fullest extent and with the least delay that they shall consider possible:

I. The text of the laws and administrative regulations, existing or
enacted by application of the clauses of the present general act;

2. Statistical information concerning the slave-trade, slaves arrested and
liberated, and the traffic in fire-arms, ammunition, and alcoholic liquors.

Art. LXXXII, The exchange of these documents and information
shall be centralized in a special office attached to the foreign office at
Brussels.

Art. LXXXIII. The office at Zanzibar shall forward to it every year
the report mentioned in Article LXXX, concerning its operations during
the past year, and concerning those of auxiliary offices that may have
been established in accordance with Article LXXIX.

Art. LXXXIV. The documents and information shall be collected and
published periodically, and addressed to all the signatory powers. This
publication shall be accompanied every year by an analytical table of the
legislative, administrative, and statistical documents mentioned in Arti-
cles LXXXI and LXXXIII.

Art. LXXXV. The office expenses as well as those incurred in cor-
respondence, translation, and printing, shall be shared by all the signatory
powers, and shall be collected through the agency of the department of
the foreign office at Brussels.

Section III. Of the protection of liberated slaves.

Art. LXXXVI. The signatory powers having recognized the duty of
protecting liberated slaves in their respective possessions, engage to es-
tablish, if they do not already exist, in the ports of the zone determined
by Article XXI, and in such parts of their possessions as may be places
for the capture, passage and arrival of African slaves, such offices and
institutions as may be deemed sufficient by them, whose business shall
specially consist in liberating and protecting them in accordance with the
provisions of Articles VI, XVIII, LII, LXIII and LXVI.

Art. LXXXVII. The, liberation offices or the authorities charged with
this service shall deliver letters of release and shall keep a register thereof.

In case of the denunciation of an act connected with the slave-trade, or
one of illegal detention, or on application of the slaves themselves, the
GENERAL WELFARE CONVENTIONS 135"

said offices or authorities shall exercise all necessary diligence to insure
the release of the slaves and the punishment of the offenders.

The delivery of letters of release shall in no case be delayed, if the
slave be accused of a crime or offense against the common law. But
after the delivery of the said letters an investigation shall be proceeded
with in the form established by the ordinary procedure.

Art. LXXXVIII. The signatory powers shall favor, in their posses-
sions, the foundation of establishments of refuge for women and of
education for liberated children.

Art. LXXXIX. Freed slaves may always apply to the offices for pro-
tection in the enjoyment of their freedom.

Whoever shall have used fraudulent or violent means to deprive a freed
slave of his letters of release or of his liberty, shall be considered as a
slave-dealer.

Chapter VI. Measures to restrict the traffic in spirituous liquors.

Art. XC. Being justly anxious concerning the moral and material con-
sequences to which the abuse of spirituous liquors subjects the native
population, the signatory powers have agreed to enforce the provisions
of articles XCI, XCII and XCIII within a zone extending from the 20th
degree of North latitude to the 22d degree of South latitude, and bounded
on the west by the Atlantic Ocean and on the east by the Indian Ocean
and its dependencies, including the islands adjacent to the main land
within 1co nautical miles from the coast.

Art. XCI. In the districts of this zone where it shall be ascertained
that, either on account of religious belief or from some other causes, the
use of distilled liquors does not exist or has not been developed, the
powers shall prohibit their importation. The manufacture of distilled
liquors shall be likewise prohibited there.

Each power shall determine the limits of the zone of prohibition of
alcoholic liquors in its possessions or protectorates, and shall be bound
to make known the limits thereof to the other powers within the space
of six months.

The above prohibition can only be suspended in the case of limited
quantities intended for the consumption of the non-native population and
imported under the regime and conditions determined by each Government.

Art. XCII. The powers having possessions or exercising protectorates
in those regions of the zone which are not subjected to the regime of the
prohibition, and into which alcoholic liquors are at present either freely
imported or pay an import duty of less than 15 francs per hectolitre at
50 degrees centigrade, engage to levy on such alcoholic liquors an import
duty of 15 francs per hectolitre at 50 degrees centigrade, for three years
after the present general act comes into force. At the expiration of this
period the duty may be increased to 25 francs during a fresh period of
three years. At the end of the sixth year it shall be submitted to re-
136 INTERNATIONAL RELATIONS

vision, for the purpose of then fixing, if possible, a minimum duty
throughout the whole extent of the zone where the prohibition referred
to in Article X:CI is not in force.

The powers retain the right of maintaining and increasing the duties
beyond the minimum fixed by the present article in those regions where
they already possess that right.

Art. XCIII. Distilled liquors manufactured in the regions referred to
in Article XCII, and intended for inland consumption, shall be subject to
an excise duty.

This excise duty, the collection of which the powers engage to secure,
as far as possible, shall not be less than the minimum import duty fixed
by article XCII.

Art. XCIV. The signatory powers having possessions in Africa con-
tiguous to the zone specified in Article XC engage to adopt the necessary
measures for preventing the introduction of spirituous liquors within the
territories of the said zone via their inland frontiers.

Art. XCV. The powers shall communicate to one another, through the
office at Brussels, and according to the terms of Chapter V, information
relating to the traffic in alcoholic liquors within their respective terri-
tories.

Chapter VII. Final Provisions.

Art. XCVI. The present general act repeals all contrary stipulations of
conventions previously concluded between the signatory powers.

Art. XCVII. The signatory powers, without prejudice to the stipula-
tions contained in Articles XIV, XXIII, and XCII, reserve the right of
introducing into the present general act, hereafter and by common con-
sent, such modifications or improvements as experience may prove to be
useful.

Art. XCVIII. Powers who have not signed the present general act
shall be allowed to adhere to it.

The signatory powers reserve the right to impose such conditions as
they may deem necessary to their adhesion.

If no conditions shall be stipulated, adhesion implies acceptance of all
the obligations and admission to all the advantages stipulated by the
present general act.

The powers shall agree among themselves as to the steps to be taken
to secure the adhesion of states whose cooperation may be necessary or
useful in order to insure complete execution of the general act.

Adhesion shall be effected by a separate act. Notice thereof shall be
given through the diplomatic channel to the Government of the King of
the Belgians, and by that Government to all the signatory and adherent
states.

Art. XCIX. The present general act shall be ratified within the short-
est possible period, which shall not in any case exceed one year.
GENERAL WELFARE CONVENTIONS 137

Each power shall address its ratification to the Government of the
King of the Belgians, which shall give notice thereof to all the other
powers’ that have signed the present general act.

The ratifications of all the powers shall remain deposited in the arch-
ives of the Kingdom of Belgium.

As soon as all of the ratifications shall have been furnished, or at the
latest one year after the signature of the present general act, their de-
livery shall be recorded in a protocol which shall be signed by the rep-
resentatives of all the powers that have ratified.

A certified copy of this protocol shall be forwarded to all the powers
interested.

Art. C. The present general act shall come into force in all the pos-
sessions of the contracting powers on the sixtieth day, reckoned from the
day on which the protocol provided for in the preceding article shall have
been drawn up.

In witness whereof the respective plenipatentiaries have signed the
present general act, and have affixed their seals.

Done at Brussels the 2d day of the month of July, 1890.

(Signatures) 22

The resolution passed by the Senate of the United States
on January 11, 1892, ratifying the convention, contains the
following peculiar provision:

“That the United States of America, having neither possess-
ions nor protectorates in Africa, hereby disclaims any inten-
tion, in ratifying this treaty, to indicate any interest whatso-
ever in the possessions or protectorates established or claimed
on that continent by the other powers, or any approval of the
wisdom, expediency or lawfulness thereof, and does not join
in any expressions in the said General Act which might be
construed as such a declaration or acknowledgment; and, for
this reason, that it is desirable that a copy of this resolution be
inserted in the protocol to be drawn up at the time of the ex-
change of the ratifications of this treaty on the part of the
United States.’’*

A further Convention relating to the importation of intoxi-
cating liquors into Africa was signed at Brussels June 8, 1899,
and proclaimed by the United States February 6, 1901. It
deals only with import duties and excise taxes on liquors.” A

22 Senate Documents, 2d Session, 61st Congress, 48, 1964 to 1990.

23 Jd, 1901.
24 Senate Documents, 2d Session, 61st Congress, 48-1991.
138 INTERNATIONAL RELATIONS

further Convention on the same subject was signed at Brus-
sels, November 3, 1906.”

Another Convention for the formation of an association un-
der the title, “International Union for the publication of Cus-
toms Tariffs’ was concluded at Brussels on July 5, 1890, by
representatives of thirty nations and proclaimed December 17,
1890. The purposes of the Union are expressed in Article 2
as follows:

“Art. II. The object of the Union is to publish, at the
common expense, and to make known, as speedily and accur-
ately as possible, the customs tariffs of the various States of
the globe and the modifications that may, in future, be made
in those tariffs.”

It provides for the establishment of an International Bureau
at Brussels and the publication of an “International Customs
Bulletin.””°

The “Boxer” troubles in China caused the intervention of
the leading Powers of Europe, Japan and the United States to
preserve order and protect their legations at Pekin. The final
Protocol between these Powers and China was concluded at
Pekin on September 7, 1901, and provided for the payment
by China of an indemnity of 450,000,000 Haikwan Taels for
States, companies or societies and private individuals, includ-
ing some Chinese, the punishment of certain persons connected
with the uprising, the erection of monuments to certain per-
sons who had been killed during the troubles, and formal ex-
pressions of regret by the Emperor of China for the assassina-
tion of the German and Japanese ministers. The parties to
this Protocol were China, Germany, Austria-Hungary, Bel-
gium, Spain, United States, France, Great Britain, Italy, Japan,
The Netherlands, and Russia. These great Powers acted in
concert as a League to Enforce Internal Peace in China dur-
ing these troubles and to compel the payment of indemnities
for the wrongs done after their termination.”*

A very necessary and important piece of international legis-

25 Td. 1993.
26 Td. 2214.
28 Senate Documents, 2d Session, 61st Congress, 48, 2006.
GENERAL WELFARE CONVENTIONS 130

lation is the “International Sanitary Convention which was
concluded at Paris December 3, 1903, by the following signa-
tory Powers: German Empire, Austria-Hungary, Belgium,
Brazil, Spain, United States, France, Great Britain, Greece,
Italy, Luxemburg, Montenegro, Netherlands, Persia, Portu-
gal, Roumania, Russia, Servia, Switzerland, and Egypt. Its
purpose is to prevent the spread of plague and cholera. As
this field was more fully covered by the convention of Paris
of 1912 which is given below in full it is not deemed necessary
to make further mention of this one.?®

The traffic in African slaves is not the only one in human
beings to shock the moral sense of enlightened people. Pros-
titution has claimed countless victims in Europe and America,
as well as in other less highly organized parts of the earth.
By the general act for the suppression of the African slave-
trade the leading nations of Europe sought to protect the de-
fenseless people of Africa. It was not necessary to go so
far from home to find defenseless people needing protection
from quite as vile trafficers as the slave-traders. Statistics
showing the extent of the trade in white women and girls are
not available, but it has been sufficient to attract the attention
of the public authorities of Europe and America and to bring
about an agreement for combined effort to repress the traffic.
With this purpose in view the following convention was
signed at Paris in 1904.
AGREEMENT BETWEEN THE UNITED STATES AND OTHER

POWERS FOR THE REPRESSION OF THE TRADE
IN WHITE WOMEN

Article 1. Each of the Contracting Governments agrees to establish
or designate an authority who will be directed to centralize all informa-
tion concerning the procuration of women or girls both in a view to
their debauchery in a foreign country; that authority shall have the right
‘to correspond directly with the similar service established in each of the
other Contracting States.

Art. 2, Each of the Governments agree to exercise a supervision for
the purpose of finding out, particularly in the stations, harbours of em-
barkation and on the journey, the conductors of women or girls intended
for debauchery. Instructions shall be sent for that purpose to the offi-

29 Infra, p. 383.
140 INTERNATIONAL RELATIONS

cials or to any other qualified persons, in order to procure, within the
limits of the laws, all information of a nature to discover a criminal
traffic,

The arrival of persons appearing evidently to be the authors, the ac-
complices or the victims of such a traffic will be notified, in each case,
either to the authorities of the place of destination or to the interested
diplomatic or consular agents, or to any other competent authorities.

Art. 3. The Governments agree to receive, in each case, within the
limits of the laws, the declarations of women and girls of foreign na-
tionality who surrender themselves to prostitution, with a view to estab-
lish their identity and their civil status and to ascertain who has in-
duced them to leave their country. The information received will be
communicated to the authorities of the country of origin of the said
women or girls, with a view to their eventual return.

The Governments agree, within the limits of the laws and as far as
possible, to confide temporarily and with a view to their eventual re-
turn, the victims of criminal traffic, when they are without any resources,
to some institution of public or private charity or to private individuals
furnishing the necessary guaranties.

The Governments agree also, within the limits of the laws to return to
the country of origin, those of those women or girls who ask their return
or who may be claimed by persons having authority over them. Return
will be made only after reaching an understanding as to their identity
and nationality, as well to the place and date of their arrival at the fron-
tiers. Each of the Contracting Parties will facilitate the transit on his
territory.

The correspondence relative to the return will be made, as far as pos-
sible, through the direct channel. é

Art. 4. In case the woman or girl to be sent back can not pay herself
the expenses of her transportation and she has neither husband, nor
relations, nor guardian to pay for her the expenses occasioned by her
return, they shall be borne by the country or the territory of which she
resides as far as the nearest frontier or port of embarkation in the di-
rection of the country of origin, and by the country of origin for the
remainder.

Art. 5. The provisions of the above articles 3 and 4, shall not in-
fringe upon the provisions of special conventions which may exist be-
tween the contracting Governments.

Art. 6. The Contracting Governments agree, within the limits of the
laws, to exercise, as far as possible, a supervision over the bureaux or
agencies which occupy themselves with finding places for women or girls
in foreign countries.

Art. 7. The non-signatory States are admitted to adhere to the present
Arrangement. For this purpose, they shall notify their intention, through
GENERAL WELFARE CONVENTIONS 141

the diplomatic channel, to the French Government, which shall inform
all the contracting States.

Art. 8 The present arrangement shall take effect six months after
the date of the exchange of ratifications. In case one of the contracting
Parties shall denounce it, that denunciation shall take effect only as re-
gards that party and then twelve months only from the date of the day
of the said denunciation.

Art. 9. The present arrangement shall be ratified and the ratifications
shall be exchanged at Paris, as soon as possible.

In faith whereof the respective Plenipotentiaries have signed the pres-
ent Agreement, and thereunto affixed their seals.

Done at Paris, the 18th May, 1904, in single copy, which shall be de-
posited in the archives of the Ministry of Foreign Affairs of the French
Republic, and of which one copy, certified correct, shall be sent to each
Contracting Party.

(Signatures) .8°

The parties to this Agreement are Germany, Belgium, Den-
mark, Spain, France, Great Britain, Italy, The Netherlands,
Portugal, Russia, Sweden and Norway, and Switzerland. On
the invitation of France the United States adhered to it on
June 6, 1908.

At a largely attended conference of representatives of the
nations held at Rome in 1905 a convention was signed creat-
ing another permanent international agency called the Inter-
national Institute of Agriculture. The Institute has been or-
ganized and all the nations participate in it. It performs a
valuable, though quite inconspicuous, function in gathering
and disseminating information concerning agricultural pro-
ducts, both vegetable and animal, and commerce in them. The
following is a full copy of the convention:

CONVENTION FOR THE CREATION OF AN INTERNATIONAL
INSTITUTE OF AGRICULTURE

Article 1. There is hereby created a permanent international institute
of agriculture, having its seat in Rome.

Art. 2. The international institute of agriculture is to be a government
institution, in which each adhering power shall be represented by dele-
gates of its choice.

The institute shall be composed of a general assembly and a permanent
committee, the composition and duties of which are defined in the ensu-
ing articles.

30 Senate Documents, 2d Session, 61st Congress, 48, 2131.
142 INTERNATIONAL RELATIONS

Art. 3. The general assembly of the institute shall be composed of the
representatives of the adhering governments. Each nation, whatever be
the number of its delegates, shall be entitled to a number of votes in the
assembly which shall be determined according to the group to which it
belongs, and to which reference will be made insarticle Io.

Art. 4.. The general assembly shall elect for each session from among
its members a president and two vice-presidents.

The sessions shall take place on dates fixed by the last general as-
sembly and according to a programme proposed by the permanent com-
mittee and adopted by the adhering governments.

Art. 5. The general assembly shall exercise supreme control over the
international institute of agriculture.

It shall approve the projects prepared by the permanent committee re-
garding the organization and internal workings of the institute. It shall
fix the total amount of the expenditures and audit and approve the ac-
counts.

It shall submit to the approval of the adhering governments modifica-
tions of any nature involving an increase of expenditure or an enlarge-
ment of the functions of the institute. It shall set the date for holding
the sessions. It shall prepare its regulations.

The presence at the general assemblies of delegates representing two-
thirds of the adhering nations shall be required in order to render the
deliberations valid.

Art. 6. The executive power of the institute is intrusted to the per-
manent committee, which, under the direction and control of the general
assembly, shall carry out the decisions of the latter and prepare propo-
sitions to submit to it.

Art. 7. The permanent committee shall be composed of members desig-
nated by the respective governments. Each adhering nation shall be rep-
resented in the permanent committee by one member. However, the
representation of one nation may be intrusted to a delegate of another
adhering nation, provided that the actual number of members shall not
be less than fifteen.

The conditions of voting in the permanent committee shall be the
same as those indicated in article 3 for the general assemblies.

Art. 8, The permanent committee shall elect from among its members
for a period of three years a president and a vice-president, who may
be reelected. It shall prepare its internal regulations, vote the budget
of the institute within the limit of the funds placed at its disposal by the
general assembly, and appoint and remove the officials and employees of
its office.

The general secretary of the permanent committee shall act as secretary
of the assembly.

Art. 9. The institute, confining its operations within an international
sphere, shall—
GENERAL WELFARE CONVENTIONS 143

(a) Collect, study, and publish as promptly as possible statistical, tech-
nical, or economic information concerning farming, both vegetable and
animal products, the commerce in agricultural products, and the prices
prevailing in the various markets;

(b) Communicate to parties interested, also as promptly as possible,
all the information just referred to;

(c) Indicate the wages paid for farm work;

(d) Make known the new diseases of vegetables which may appear in
any part of the world, showing the territories infected, the progress of
the disease, and, if possible, the remedies which are effective in combating
them.

(e) Study questions concerning agricultural cooperation, insurance,
and credit in all aspects; collect and publish information which might
be useful in the various countries in the organization of the works con-
nected with agricultural cooperation, insurance, and credit;

(£) Submit to the approval of the governments, if there is occasion
for it, measures for the protection of the common interests of farmers
and for the improvement of their condition, after having utilized all the
necessary sources of information, such as the wishes expressed by inter-
national or other agricultural congresses or congresses of sciences ap-
plied to agriculture, agricultural societies, academies, learned bodies, etc.

All questions concerning the economic interests, the legislation, and the
administration of a particular nation shall be excluded from the con-
sideration of the institute.

Art. 10. The nations adhering to the institute shall be classed in five
groups, according to the place which each of them thinks it ought to
occupy.

The number of votes which each nation shall have and the number of
units of assessment shall be established according to the following grad-
ations:

: Number Units of
Groups of nations of votes assessment
I, 5 16
Il. 4 8
III. 3 4
IV. 2 2
Vv. I I

In any event the contribution due per unit of assessment shall never
exceed a maximum of 2,500 francs.

As a temporary provision the assessment for the first two years shall
not exceed 1,500 francs per unit.

Colonies may, at the request of the nations to which they belong, be
admitted to form part of the institute on the same conditions as the in-

dependent nations.
144 : INTERNATIONAL RELATIONS

Art. 11. The present Convention shall be ratified and the ratifications
exchanged as soon as possible by depositing them with the Italian Gov-
ernment.

In faith whereof the respective Plenipotentiaries have signed the pres-
ent Convention and have hereunto affixed their seals.

Done at Rome the 7th of June one thousand nine hundred and five, in
a single original, deposited with the Ministry of Foreign Affairs of
Italy, of which certified copies shall be sent through the diplomatic chan-
nel to the contracting States.

(Signatures) 31

This Convention was signed for Italy, Montenegro, Russia, Argentine
Republic, Roumania, Servia, Belgium, Salvador, Portugal, Mexico, Luxem-
burg, Switzerland, Persia, Japan, Ecuador, Bulgaria, Denmark, Spain,
France, Sweden, The Netherlands, Greece, Uruguay, Germany, Cuba,
Austria-Hungary, Norway, Egypt, Great Britain, Guatemala, Ethiopia,
Nicaragua, United States, Brazil, Costa Rica, Chile, Peru, China, Para~-
guay, Turkey.

A General Act was signed at Algeciras April 7, 1906 by
representatives of Germany, Austria-Hungary, Belgium,
Spain, United States, France, Great Britain, Italy, Morocco,
The Netherlands, Portugal, Russia and Sweden for the pur-
pose of maintaining order in Morocco. It provides for the
organization of a police force under the instruction of Span-
ish and French officers of not more than 2,500 nor less than
2,000 men and of an Inspector-General to be appointed by the
Swiss Federal Government from the superior officers of the
Swiss army. It forbids the importation and sale of arms of
war, parts of guns, ammunition of any nature, loaded or un-
loaded, powder, saltpeter, gun cotton, nitroglycerin, and all
compositions destined exclusively for the manufacture of am-
munition, except for the Sultan’s troops and sporting and high-
priced arms to be admitted under regulations prescribed. It
also provides for the establishment of the State Bank of Mo-
rocco, to be the disbursing treasury of the Empire, with its
home office at Tangier, and branches and agencies in the prin-
cipal cities of Morocco. The Bank is governed by the French
law. The Banks of the German Empire, England, Spain and
France, with the approval of their governments, each appoint
a Censor of the Bank to supervise its operations. The initial

81 Senate Documents, 2d Session, 61st Congress, 48, 2140.
GENERAL WELFARE CONVENTIONS 145

capital of the bank is to be divided among the signatory pow-
ers. Provision is also made for improvements in the methods
of collecting the revenues of the government, and for new
taxes. Restrictions are placed on franchises for public ser-
vices, and the Signatory Powers reserve to themselves super-
vision of the making of contracts for public works. The effect
of the Act is to place Morocco under the general supervision
of the Signatory Powers, and it goes quite minutely into de-
tails in reference to the matters above mentioned, but still
leaves nominal sovereignty in the Sultan.** The act is very
long, containing 123 articles, and does not appear to be of
sufficient general interest to be copied here. It does not invite
adhesion by other nations but is merely a treaty between the
signatory powers.

On November 29, 1906, there was signed at Brussels an
agreement entered into by eighteen nations respecting the uni-
fication of the pharmacopceial formulus for potent drugs. It
contains a long list of Latin names of drugs with directions
regarding their preparation and strength. In the Proces-
verbal at the end of it are numerous reservations by the differ-
ent powers. The matter of the convention appears too tech-
nical to be of general interest.** :

On December gth, 1907, a convention was signed at Rome
establishing an International Office of Public Hygiene at Paris,
a copy of which is given below. This made the second per-
manent international office to be established at Paris to exer-
cise functions for and under the direction of all the nations
of the world that should elect to take advantage of it.

ARRANGEMENT FOR THE ESTABLISHMENT OF THE INTERNATIONAL OFFICE
oF Pustic HeattH

The Governments of Belgium, Brazil, Spain, the United States, the
French Republic, Great Britain and Ireland, Italy, the Netherlands, Portu-
gal, Russia, Switzerland, and the Government of His Highness the Khe-
dive of Egypt, deeming it expedient to organize the International Office
of Public Hygiene, referred to in the Paris Sanitary Convention of De-
cember 3, 1903, have resolved to conclude an arrangement to that effect
and agreed upon the following:

22 Senate Documents, 2d Session, 61st Congress, 48-2157.
33 Senate Documents, 2d Session, 61st Congress, 48, 2209.
146 INTERNATIONAL RELATIONS

Article I. The High Contracting Parties engage to found and main-
tain an International Office of Public Hygiene with headquarters at Paris.

Art. II. The Office will perform its functions under the authority and
supervision of a Committee composed of delegates of the contracting
Governments. The membership and rights and duties of the Commit-
tee, as well as the organization and powers of the said Office are de-
termined by the organic by-laws which are annexed to the present ar-
rangement and are considered as forming an integral part thereof.

Art. III. The costs of installation, as well as the annual expenses for
the conduct and maintenance of the Office shall be covered by the quotas
of the contracting States determined in accordance with the provisions
of the by-laws referred to in Article II.

The sums representing the quotas of the several contracting States shall
be deposited by the said States through the Ministry of Foreign Affairs
of the French Republic, at the beginning of every year in the “Caisse
des dépdts et consignations” at Paris, from which they shall be drawn as
needed against warrants of the Director of the Office.

Art. V. The High Contracting Parties reserve the right to make, by
joint agreement, in the present arrangement any change of which the
usefulness shall have been demonstrated by experience.

Art. VI. Governments that have not signed the present arrangement
are, on their request, admitted to adhere thereto. Their adhesion shall be
notified, through the diplomatic channel, to the Royal Government of
Italy, and, by the latter, to the other Contracting Governments; it will
imply a pledge to contribute to the payment of the expenses of the Office
in the manner referred to in Article IIT.

Art. VII. The present arrangement shall be ratified and the ratifica-
tions shall be deposited at Rome as soon as possible; it shall be put into
operation from the date on which the deposit of ratifications shall have
been effected.

Art. VIII. The present arrangement is concluded for a term of seven
years. At the expiration of that period, it shall continue in force for
new periods of seven years between the States that shall not have noti-
fied, one year before the expiration of each period, their intention to
terminate the effects so far as they are concerned.

In faith whereof the undersigned, duly empowered thereto, have drawn
up the present arrangement to which they have affixed their seals.

Done at Rome the 9th of December, 1907, in one copy which shall re-
main deposited in the archives of the Royal Government of Italy and
duly certified copies thereof shall be delivered, through the diplomatic
channel, to the contracting Parties.

(Signatures) 34

34 Senate Documents, 2d Session, 61st Congress, 48, 2214.
GENERAL WELFARE CONVENTIONS 147

ANNEX
Organic By-Laws of the International Office of Public Hygiene.

Article I. There is established in Paris an International Office of
Public Hygiene under the States which accept participation in its oper-
ation.

Art. II. The Office cannot in any way meddle in the administration of
the several States.

It is independent of the authorities of the country in which it is placed.

It corresponds directly with the higher health authorities of the several
countries and with the Boards of Health.

Art. III. The Government of the French Republic shall, on the appli-
cation of the International Committee referred to in Article VI, take
such steps as may be requisite to have the Office recognized as an in-
stitution of public utility.

Art. IV. The main object of the Office is to collect and bring to the
knowledge of the participating States facts and documents of a general
character concerning public health and especially regarding infectious
diseases, notably the cholera, plague and yellow fever, as well as the
measures taken to check these diseases.

Art. V. The Government shall inform the Office of the measures taken
by them toward the enforcement of the international sanitary conventions.

Art. VI. The Office is placed under the authority and supervision of
an International Committee consisting of technical representatives desig-
nated by the participating States in the proportion of one representative
for each State.

Each State is allowed a number of votes inversely proportioned to the
number of the class to which it belongs as regards its participation in the
expenses of the Office. (See Article XI.)

Art. VII. The Committee of the Office meets periodically at least
once a year; the length of its session is unlimited.

The members of the Committee elect, by secret ballot, a chairman whose
term of office shall be three years.

Art. VIII. The business of the office is conducted by a salaried staff
including:

A Director;

A Secretary General,

such forces as may be necessary to perform the work of the Office.

The personnel of the Office shall not be permitted to fill any other
salaried office.

The Director and Secretary General shall be appointed by the Com-
mittee.

The Director shall attend the meetings of the Committee in an advisory
capacity.

The appointment and dismissal of employés of all classes appertain to
the Director and shall be reported by him to the Committee.
148 INTERNATIONAL RELATIONS

Art. IX. The information collected by the Office shall be brought to
the knowledge of the particular States by means of a Bulletin or of spe-
cial communications addressed to them either in regular course or at
their request.

In addition, the Office shall show periodically the results of its labors
in official reports to be communicated to the participating Governments,

Art. X. The Bulletin, which shall be issued at least once a month,
shall include especially :

1. The laws and general or local regulations promulgated in the several
countries in regard to contagious diseases;

2. Information concerning the progress of infectious diseases ;

3. Information concerning the work done or measures taken toward
the sanitation of localities.

4. Statistics concerning public health.

5. Notices of publications.

The official language of the Office and Bulletin shall be the French
language. The Committee may order parts of the Bulletin to be printed
in other languages.

Art. XI. The expenses necessary for the performance of the duties of
the Office, estimated at 150,000 francs per annum, shall be defrayed by
the States signatory to the Convention, their quotas being determined ac-
cording to the following classes: :

First Class: Brazil, Spain, The United States, France, Great Britain,
British India, Italy, Russia, at the rate of 25 units;

Second class, at the rate of 20 units;

Third class, Belgium, Egypt, the Netherlands, at the rate of 15 units;

Fourth class, Switzerland, at the rate of 10 units;

Fifth class, at the rate of 5 units;

Sixth class, at the rate of three units.

This sum of 150,000 francs cannot be exceeded except by consent of
the signatory Powers.

Every State is at liberty to have itself entered in a higher class at
some future time.

The States that may hereafter adhere to the Convention shall select the
class in which they wish to be entered.

Art. XII. A sum intended to form a reserve fund shall be taken from
the annual resources. The total sum of said reserve, which cannot ex-
ceed the amount of the annual budget, shall be invested in first class
State securities.

Art. XIII. The members of the Committee shall receive, out of the
working funds of the Office, an allowance for traveling and other ex-
penses. They shall also receive an attendance counter for each meeting
which they attend.

Art. XIV. The Committee shall fix the amount to be set aside annu-
GENERAL WELFARE CONVENTIONS 140

ally from its budget for a fund intended to secure a retirement pension
for the Office force.

Art. XV. The Committee shall draw up its annual estimates and shall
approve the account of expenditures. It shall make the organic regula-
tions governing the personnel, as well as the arrangements necessary for
the performance of the duties of the office.

The regulations as well as the arrangements shall be reported by the
Committee to the participant States and cannot be modified without
their assent.

Art. XVI. A statement of the financial management of the Office
shall be submitted annually to the participant States at the cluse of the
fiscal year,

(Signatures) 35

35 Senate Documents, 2d Session, 61st Congress, 48, 2216.
CHAPTER TV

THE UNIVERSAL POSTAL UNION

The Persians back in the time of Cyrus had the first postal
service that we have any account of. Augustus established
posts in the Roman Empire and the Great Kahn, according to
Marco Polo, had a very efficient system in China when he
visited it. The Peruvians under the Incas, though without a
written language, transmitted dispatches throughout the em--
pire by postrunners carrying orders and information expressed
in the quipu by threads of various lengths and colors, knotted
and combined in various ways. Along their great highways at
intervals were stations for the accommodation of the runners
carrying dispatches... The old Manchu Code of China re-
quired the carriers of dispatches to proceed at the rate of 300
lee in a day and night on pain of blows with the bamboo in-
creasing in number with each hour of delay.* The beginning
of the postal system in England is assigned to the year 1481,
when relays of riders and post horses were established to carry
news. The first chief postmaster of England was appointed
by Queen Elizabeth in 1581.*

The development of the postal service started and contin-
ued in each country separately until the year 1817, when a
postal convention was entered into by the governments of The
Netherlands and France, which appears to be the first treaty
of the kind. After that, from time to time and after quite
long intervals, other similar treaties were made by European
states. The first treaty for the establishment of a general
postal union was concluded at Berne on October 9, 1874, be-
tween the following nations: Germany, Austria-Hungary, Bel-
gium, Denmark, Egypt, Spain, United States, France, Great

1 Prescott, Conquest of Peru, 1-88.

2 Penal Code of China, Sec. 238.
3 Bridgman, World Law, 17.
THE UNIVERSAL POSTAL UNION i5t

Britain, Greece, Italy, Luxemburg, The Netherlands, Portu-
gal, Rumania, Russia, Servia, Sweden & Norway, Switzer-
land and Turkey. Afterward by subsequent conventions the
union was enlarged and after it had become general a revised
convention was concluded at Washington June 15, 1897. An-
other convention was signed at Rome, May 26, 1906, which in-
cluded The United States and its island possessions, Argen-
tine Republic, Austria, Belgium, Bolivia, Bosnia~-Herzegovina,
Brazil, Bulgaria, Chile, China, Colombia, Kongo, Korea,
Costa Rica, Crete, Cuba, Denmark and its colonies, Dominican
Republic, Egypt, Ecuador, Spain and its colonies, Ethiopia,
France and its colonies and dependencies, Great Britain and its
colonies and dependencies, including India, Australia, Canada,
New Zealand, and South Africa, Greece, Guatemala, Hayti,
Honduras, Hungary, Italy and its colonies, Japan, Liberia,
Luxemburg, Mexico, Montenegro, Nicaragua, Norway, Pana-
ma, Paraguay, The Netherlands, and its colonies, Peru, Persia,
Portugal and its colonies, Roumania, Russia, Salvador, Servia,
Siam, Sweden, Switzerland, Tunis, Turkey, Uruguay, and
Venezuela. The text of the convention is as follows:

UniversaL PostaL ConveNTION

Article 1. Definition of the Postal Union.

The countries between which the present convention is concluded, as
well as those which may adhere to it hereafter, form, under the title of
Universal Postal Union, a single postal territory for the reciprocal ex-
change of correspondence between their post offices.

Article 2. Articles to which the Convention applies.

The stipulations of this Convention extend to letters, post cards, both
single and with reply paid, printed papers of every kind, commercial
papers, and samples of merchandise originating in one of the countries
of the union and intended for another of those countries. They also
apply to the exchange by mail of. the articles above mentioned between
the countries of the union and countries foreign to the union, whenever
the services of two of the contracting parties at least are used for that

exchange. 7
Article 3. Conveyance of mails between contiguous countries; third
services.

1. The postal administrations of contiguous countries, or countries able
to correspond directly with each other without availing themselves of
the services of a third administration, determine, by common consent,
152 INTERNATIONAL RELATIONS

the conditions of the conveyance of the mails which they exchange across
the frontier or from one frontier to the other.

2. In the absence of any contrary agreement, the direct sea conveyance
between two countries by means of packets or vessels depending upon one
of them is considered as a third service; and this conveyance, as well as
any performed between two offices of the same country, by the medium
of sea or territorial services maintained by another country, is regulated
by the stipulations of the following article.

Article 4. Transit Rates.

1. The right of transit is guaranteed throughout the entire territory
of the union.

2. Consequently the several postal administrations of the union may
send reciprocally, through the medium of one or of several of them,
either closed mails or articles in open mail, according to the needs of the
traffic and the convenience of the postal service.

3. Articles exchanged in closed mails between two administrations of
the union, by means of the services of one or of several other adminis-
trations of the union, are subject to the following transit charges to be
paid to each of the countries traversed or whose services participate in
the conveyance, viz:

1° For territorial transits:

a. I franc 50 centimes per kilogram of letters and post cards and 20
centimes per kilogram of other articles, if the distance traversed does not
exceed 3000 kilometers ;

b. 3 francs per kilogram of letters and post cards and 4o centimes per
kilogram of other articles, if the distance traversed exceeds 3000 kilo-
meters and does not exceed 6000 kilometers ;

c. 4 francs 50 centimes per kilogram of letters and post cards and 60
centimes per kilogram of other articles, if the distance traversed exceeds
6000 kilometers but does not exceed gooo kilometers;

d. 6 francs per kilogram of letters and post cards and 80 centimes per
kilogram of other articles, if the distance traversed exceeds gooo kilo-
meters,

2° For sea transits: a

a. I franc 50 centimes per kilogram of letters and post cards and 20
centimes per kilogram of other articles, if the distance traversed does
not exceed 300 nautical miles. Sea conveyance over a distance not ex-
ceeding 300 nautical miles is, however, gratuitous if the administration
concerned already receives, on account of the mails conveyed, the remu-
neration applicable to territorial transit;

b. 4 francs per kilogram of letters and post cards and 50 centimes per
kilogram of other articles, exchanged over a distance exceeding 300
nautical miles between European countries, between Europe and ports
of Africa and Asia on the Mediterranean and Black Sea, or between one
THE UNIVERSAL POSTAL UNION 153

of these ports and another, and between Europe and North America.
The same rates are applicable to conveyance, by service to the whole
union, between two ports of a single state, as well as between the ports
of two states served by the same line of packets when the sea transit
involved does not exceed 1500 nautical miles;

c. 8 francs per kilogram of letters and post cards and 1 franc per
kilogram of other articles, for all transits not included in the ciutegories
given above in paragraphs a and b.

In the case of a sea conveyance effected by two or more administra-
tions, the charges paid for the entire transit cannot exceed 8 francs per
kilogram of letters and post cards and 1 franc per kilogram of other
articles; these charges are, when occasion arises, shared between the
administrations participating in the service, in proportion to the distances
traversed, without prejudice to any other arrangement which may be
made between the parties interested.

4. Correspondence exchanged in open mail between two administrations
of the union are subject to the following transit charges per article, and
irrespective of weight or destination, namely; letters, 6 centimes each;
post cards 2%4 centimes each; other articles 214 centimes each.

5. The transit rates specified in the present article do not apply to
conveyance within the union by means of extraordinary services specially
established or maintained by one administration at the request of one or
several other administrations. The conditions of this category of con-
veyance are regulated by mutual consent between the administrations
concerned.

Moreover, in all cases where the transit, either by land or sea, is at
present gratuitous or subject to more advantageous conditions, such state
of things is maintained.

Nevertheless, territorial transit services exceeding 3000 kilometers, may
profit by the provisions of paragraph 3 of the present article.

6. The expenses of transit are borne by the administration of the coun-
try of origin.

7. The general accounting for these expenses takes place on the basis
of statements prepared once in every six years, during a period of twenty-
eight days to be determined in the detailed regulations provided for in
Article 20 hereafter.

From the period between the date on which the convention of Rome
comes into force and the date on which the transit statistics mentioned
in the detailed regulations provided for in Article 20 become operative,
transit rates will be paid in accordance with the stipulations of the con-
vention of Washington.

8. The articles mentioned in paragraph 3 and 4 of Article 11 hereafter,
the reply halves of double post cards returned to the country of origin,
articles redirected or missent, undelivered articles, advices of delivery,
154 INTERNATIONAL RELATIONS

post-office money orders, and all other documents relative to the postal
service are exempt from all charges for territorial or sea transit.

9. When the annual balance of transit accounts between two adminis-
trations does not exceed 1000 francs, the debtor administration is re-
lieved of all payment on that account.

Article 5. Rates of Postage and General Conditions.

1. The rates of postage for the conveyance of postal articles through-
out the entire extent of the union, including their delivery at the resi-
dence of the addressees in the countries of the union where a delivery is
or shall be organized, are fixed as follows:

1” For letters, 25 centimes in case. of prepayment, and double that
amount in the contrary case, for each letter not exceeding 20 grams in
weight; and 15 centimes in case of prepayment, and double that amount
in the contrary case for every weight of 20 grams or fraction of 20
grams above the initial weight of 20 grams;

2° For post cards, in case of prepayment, 10 centimes for single cards
or for each of two halves of reply post cards, and double that amount
in the contrary case;

3° For printed papers of every kind, commercial papers, and samples
of merchandise, 5 centimes for each article or packet bearing a particu-
lar address and for every weight of 50 grams or fraction of 50 grams,
provided that such article or packet does not contain any letter or manu-
script note having the character of actual and personal correspondence,
and that it be made up in such a manner as to admit of its being easily
examined,

The charge on commercial papers cannot be less than 25 centimes per
packet, and the charge on samples cannot be less than 10 centimes per
packet.

2. In addition to the rates fixed by the preceding paragraph there may
be levied:

1° For every article subject to the sea-transit charges prescribed in
paragraph 3, 2°, c, of Article 4, and in all the relations to which these
transit rates are applicable, a uniform surtax which may not exceed 25
centimes per single rate for letters, 5 centimes per post card, and 5 cen-
times per 50 grams or fraction of 50 grams for other articles:

2° For every article conveyed by means of services maintained by ad-
ministrations foreign to the union, or of extraordinary services in the
union giving rise to special expenses, a surcharge in proportion to’ those
expenses,

When the rate of prepaymenf for the single post card comprises one or
other of the surcharges authorized in the two preceding paragraphs, the
same rate is applicable to each half of the reply-paid post card.

3. In case of insufficient prepayment, correspondence of every kind is
liable to a charge equal to double the amount of the deficiency, to be
THE UNIVERSAL POSTAL UNION 155

paid by the addressees; but that charge may not exceed that which is
levied in the country of destination on unpaid correspondence of the same
nature, weight, and origin.

4. Articles other than letters and post cards must be prepaid at least
partly.

5. Packets of samples of merchandise may not contain any article hav-
ing a salable value; they must not exceed 350 grams in weight, or measure
more than 30 centimeters in length, 20 centimeters in breadth, and 10
centimeters in depth, or, if they are in the form of a roll, 30 centimeters
in length and 15 centimeters in diameter.

6. Packets of commercial papers and printed papers may not exceed
2 kilograms in weight, or measure more than 45 centimeters in any di-
rection. Packets in the form of a roll may, however, be allowed to pass
through the post so long as they do not exceed 10 centimeters in diameter
and 75 centimeters in length.

7. Stamps or forms of prepayment obliterated or not, as well as all
printed papers constituting the sign of a monetary value, save the ex-
ceptions authorized by the detailed regulations provided for in Article 20
of the present convention, are excluded from transmission at the re-
duced rate.

Article 6. Registered Articles; Return Receipts; Requests for Infor-

mation.

I. The articles specified in Article 5 may be registered.

The reply halves of reply-paid post cards cannot, however, be regis-
tered by the original senders of such cards.

2. Every registered article is liable, at the charge of the sender:

1° To the ordinary prepaid rate of postage on the article, according to
its nature.

2° To a fixed registration fee of 25 centimes at most, including a
receipt given to the sender.

3. The sender of a registered article may obtain an advice of the de-
livery of such article, by paying, at the time when he asks for such an
advice, a fixed ‘fee of 25 centimes at most. The same fee may be charged
for inquiries concerning registered articles, if the sender has not already
paid the special fee for an advice of délivery.

Article 7. Articles marked with Trade Charges.

1. Registered articles may be sent marked with trade charges to be
collected on delivery between countries of which the administrations agree
to provide this service.

These articles are subject to the same regulations and rates as regis-
tered articles.

The maximum trade charge which may be collected on any one regis-
tered article is fixed at 1000 francs or at the equivalent of that sum.

2. In the absence of any contrary agreement hetween the administra-
156 INTERNATIONAL RELATIONS

tions of the countries concerned, the amount collected from the addressee
is to be transmitted to the sender by means of a money order, after de-
ducting a commission of 10 centimes for the service of collection, and
the ordinary rate chargeable for money orders calculated on the amount
of the balance.

The amount of an undeliverable money order of this kind remains at
the disposal of the administration of the country in which the article
marked with a trade charge originated.

3. For the loss of a registered article marked with a trade charge the
responsibility of the postal service is fixed under the conditions laid down
in article 8 hereafter for registered articles not marked with trade charges.

After the delivery of the article the administration of the country of
destination is responsible for the amount of the trade charges, unless it
can be proved that the conditions prescribed for such articles by the
detailed regulations contemplated in Article 20 of the present convention
have not been fulfilled. Nevertheless the omission from the letter bill of
the entry “Remb.” and of the amount of the trade charge does not affect
the responsibility of the administration of the country of destination for
failing to collect the amount.

Article 8. Responsibility for Registered Articles.

1, In case of the loss of a registered article, and except in cases beyond
control, the sender, or, at the request of the sender, the addressee, is
entitled to an indemnity of 50 francs,

2. Countries prepared to take risks arising from causes beyond con-
trol are authorized to collect from the sender on that account a supple-
mentary rate of not more than 25 centimes on each registered article.

3. The obligation of paying the indemnity rests with the administration
to which the dispatching office is subordinate. To that administration is
reserved a remedy against the administration responsible, that is to say,
against the administration on the territory or in the service of which the
loss took place.

In case of the loss, under circumstances beyond control, on the terri-
tory or in the service of a country undertaking the risks mentioned in
the preceding paragraph, of a registered article sent from another coun-
try, the country where the loss occurred is responsible for it to the dis-
patching office, if the latter undertakes risks in cases beyond control in
dealing with its own public.

4. Until the contrary be proved, the responsibility rests with the ad-
ministration which, having received the article without making any ob-
servation, cannot establish the delivery to the addressee or the regular
transfer to the following administration, as the case may be. For articles
addressed “Poste Restante” or held at the disposition of the addressees,
the responsibility ceases on delivery to a person who has proved his
identity according to the rules in force in the country of destination, and
THE UNIVERSAL POSTAL UNION 157

whose name and description correspond to those indicated in the address.

5. The payment of the indemnity by the dispatching office ought to
take place as soon as possible, and at latest within a year of the date of
the application. The responsible office is bound to refund to the dispatch-
ing office, without delay, the amount of the indemnity paid by the latter.

The office of origin is authorized to make payment to the sender on
account of the office, whether intermediate or of destination, which, af-
ter application has been made in due course, has let a year pass without
settling the matter. Moreover, in cases where an office whose responsi-
bility is duly established has at the outset declined to pay the indemnity,
such office must take upon itself, in addition to the indemnity, the sub-
sidiary expenses resulting from the unwarranted delay in payment.

6. It is understood that the application for an indemnity is only en-
tertained if made within a year of the posting of the registered article;
after this term the applicant has no right to any indemnity.

7. If the loss has occurred in course of conveyance without its being
possible to ascertain on the territory or in the service of what country the
loss took place, the administrations concerned bear the loss in equal
shares.

8. Administrations cease to be responsible for registered articles for
which the owners have given a receipt and accepted delivery.

Article 9. Withdrawal of Articles, Correction of Address, Etc.

1. The sender of a letter or other article can have it withdrawn from
the post or have its address altered, so long as such article has not been
delivered to the addressee.

2. The request for such withdrawal is sent by mail or by telegraph at
the expense of the sender, who must pay as follows:

1° For every request by mail, the amount payable for a registered single
letter ;

2° For every request by telegraph, the charge for a telegram according
to the ordinary tariff.

3. The sender of a registered article marked with a trade charge can,
under the conditions laid down for requests for alteration of address, de-
mand the total or partial cancelling of the amount of the trade charge.

4. The stipulations of this article are not obligatory for countries of
which the legislation does not permit the sender to dispose of an article
in its course through the post.

Article 10. Fixing of Rates in Money other than the Franc.

Those countries of the union which have not the franc for their mone-
tary unit fix their charges at the equivalents, in their respective curren-
cies, of the rates determined by the various articles of the present con-
vention. Such countries have the option of rounding fractions in con-
formity with the table inserted in the detailed regulations mentioned in
Article 20 of the present convention.
158 INTERNATIONAL RELATIONS

The administrations which maintain post offices forming part of the
union in non-union countries fix their rates in the local currency, in the
same manner. When two or several administrations maintain such offi-
ces in the same non-union country, the local equivalents to be adopted
by all such offices are fixed by mutual arrangement between the admin-
istrations concerned.

Article 11. Prepayment; Reply Coupons; Exemptions from Postage.

1. Prepayment of postage on every description of article can be ef-
fected only by means of postage stamps valid in the country cf origin
for the correspondence of private individuals. It is not, however, per-
mitted to make use, in the international service, of postage stamps pro-
duced with an object special and peculiar to the country of issue, such as
the so-called commemorative postage stamps of temporary validity.

Reply post cards bearing postage stamps of the country in which the
cards were issued are considered as duly prepaid, as also are newspapers
or packets of newspapers without postage stamps but with the super-
scription “Abonnements poste” (subscription by mail), which are sent in
virtue of the special arrangement for newspaper subscriptions, provided
for in Article 19 of the present convention.

2. Reply coupons can be exchanged between the countries of which the
administrations have agreed to participate in such exchange. The mini-
mum selling price of a reply coupon is 28 centimes, or the equivalent of
this sum in the money of the country which sells it.

This coupon is exchangeable in all countries parties to the agreement
for a postage stamp of 25 centimes or the equivalent of that sum in the
money of the country where the exchange’ is requested. The detailed
regulations contemplated in Article 20 of the convention determine the
other conditions of this exchange, and in particular the intervention of
the international bureau in manufacturing, supplying and accounting for
the coupons. :

3. Official correspondence relative to the postal service exchanged be-
tween postal administrations, between these administrations and the in-
ternational bureau, and between post offices in union countries, is exempt
from prepayment by means of ordinary postage stamps, and is free from
liability to charge.

4. The same privilege is accorded to correspondence concerning pris-
oners of war, dispatched or received, either directly or as intermediary,
by the special information offices established on behalf of such persons,
in belligerent countries or in neutral countries which have received bel-
ligerents on their territories.

Correspondence intended for prisoners of war or dispatched by them
is likewise exempt from postal charges, not only in the countries of origin
and destination, but in intermediary countries.
THE UNIVERSAL POSTAL UNION 159

Belligerents received and held in a neutral country are assimilated to
prisoners of war, properly so called, in so far as the application of the
above-mentioned stipulations is concerned.

5. Articles posted on the high seas in the letter box on board a vessel
or placed in the hands of postal agents on board or the commanders of
ships may be prepaid by means of the postage stamps, and according to
the tariff of the country to which the said vessel belongs or by which it
is maintained. If the mailing on board takes place during the stay at
one of the two terminal points of the voyage or at any intermediate port
of call, prepayment can only be effected by means of the postage stamps
and according to the tariff of the country in the waters of which the
vessel happens to be.

Article 12. Postage Kept by Collecting Country.

1. Each administration keeps the whole of the sums which it collects
by virtue of the foregoing Articles 5, 6, 7, 10 and 11, exceptions being
made in the case of the credit due for the money orders referred to in
paragraph 2 of Article 7, and also in regard to reply coupons (Article 11).

2. Consequently there is no necessity under this head for any accounts
between the several administrations of the union, subject always to the
reservations made in paragraph 1 of the present article.

3. Letters and other postal articles cannot be subjected, either in the
country of origin or in that of destination, to any postal tax or postal
fee at the expense of the senders or addressees other than those con-
templated in the articles above mentioned.

Article 13. Special-Delivery Articles.

1. At the request of the senders, all classes of articles are delivered
at the addresses by a special messenger immediately on arrival, in those
countries of the union which consent to undertake this service in their
reciprocal relations.

2. Such articles, which are marked “express” are subject to a special
charge for delivery; this charge is fixed at 30 centimes, and must be
fully paid in advance by the sender, in addition to the ordinary postage.
It belongs to the administration of the country of origin.

3. When an article is destined for a place where there is no post office
authorized to deliver correspondence by express messenger, the postal
administration of the country of destination can levy an additional charge
up to the amount of the fee fixed for express delivery in its inland ser-
vice, less the fixed charge paid by the sender, or its equivalent in the
money of the country which levies this additional charge.

The additional charge provided for above is recoverable in case of
redirection or nondelivery, and is retained by the administration which
has raised it.

4. “Express” articles upon which the total amount of the charges pay-
able in advance has not been prepaid are delivered by the ordinary means,
*

160 INTERNATIONAL RELATIONS

unless they have been treated as expressed by the office of origin.

Article 14. Reforwarding; Undelivered Articles.

1. No additional postage is charged for the reforwarding otf postal
articles within the union.

2. Undelivered articles do not, when returned, give rise to the restitu-
tion of the transit charges due to intermediate administrations for the
previous conveyance of such correspondence.

3. Unpaid letters and post cards and insufficiently paid articles of every
description, which are returned to the country of origin as redirected or
as undeliverable, are liable, at the expense of the addressees or senders, to
the same rates as similar articles addressed directly from the country of
the first destination to the country of origin.

Article 15. Mails exchanged with Warships.

1. Closed mails may be exchanged between the post offices of any one
of the contracting countries and the commanding officers of naval di-
visions or ships of war of the same country stationed abroad, or be-
tween the commanding officers of one of those naval divisions or ships
of war and the commanding officer of another division or ship of the
same country, through the medium of the sea or land services maintained
by other countries.

2. Articles of every description inclosed in these mails must consist
exclusively of such as are addressed to or sent by the officers and crews
of the ships to or from which the mails are forwarded; the rates and
conditions of dispatch applicable to them are determined, according to
its internal regulations, by the postal administration of the country to
which the ships belong.

3. In the absence of any arrangement to the contrary between the offices
concerned, the post office which receives or dispatches the mails in ques-
tion is accountable to the intermediate offices for transit charges calcu-
lated in accordance with the stipulations of article 4.

Article 16. Prohibitions.

1. Commercial papers, samples, and printed papers which do not ful-
fill the conditions laid down for articles of these categories in Article 5
of the present convention and in the regulations contemplated in Article
20 are not to be forwarded.

2. If occasion arise, these articles are sent back to the post office of
origin and returned, if possible, to the sender, save where, in the case
of articles prepaid at least partially, the administration of the country
of destination is authorized by its laws or by its internal regulations to
deliver them.

3. It is forbidden:

1° To send by post:

a. Samples and other articles which, from their nature, may expose the
postal officials to danger or soil or damage the correspondence ;
THE UNIVERSAL POSTAL UNION 161

b. Explosive, inflammable, or dangerous substances; animals and in-
sects, living or dead, except in the cases provided for in the regulations
contemplated in Article 20 of the convention.

2° To insert in ordinary or registered correspondence, consigned to
the post: :

a. Coin;

b. Articles liable to customs duty;

c. Articles of gold and silver, precious stones, jewelry and other pre-
cious articles, but only where their insertion or transmission is forbidden
by the legislation of the countries concerned ;

d. Any articles whatsoever of which the importation or circulation is
prohibited in the country of destination.

4. Packets falling under the prohibitions of the foregoing paragraph 3,
which have been erroneously admitted to transmission, should be re-
turned to the post office of origin, except in cases where the administra-
tion of the country of destination is authorized by its laws or by its in-
ternal regulations to dispose of them otherwise.

Explosive, inflammable, or dangerous substances, however, are not re-
turned to the country of origin; they are destroyed on the spot under
the direction of the administration which has detected their presence.

5. The right is, moreover, reserved to the government of every coun-

‘try of the union to refuse to convey over its territory, or to deliver,
articles passing at reduced rates in regard to which the laws, ordinances,
or decrees which regulate the conditions of their publication or circula-
tion in that country have not been complied with, or correspondence of
any kind bearing ostensibly inscriptions, designs, etc., forbidden by the
legal enactments or regulations in force in the same country.

Article 17. Regulations with Countries Outside the Union.

_I, Offices of the Union which have relations with countries situate out-
side the Union are to lend their assistance to all the other offices of the
Union:

1° For the transmission, by their services, either in open mail or in
closed mails, if this method of transmission is admitted by mutual agree-
ment between the offices of origin and destination of the mails, of articles
addressed to or originating in countries outside the union;

2° For the exchange of articles either in open mail or in closed mails
across the territories or by means of services maintained by the said
countries outside the union;

3° That the articles conveyed may be subject outside the union, as
within the union, to the transit rates determined by Article 4.

2, The charges for the total sea transit, within and without the union,
may not exceed 15 francs per kilogram of letters and post cards and
1 franc per kilogram of other articles. If occasion arise, these charges
are divided, in the ratio of distances, between the offices taking part in
the sea conveyance.
162 INTERNATIONAL RELATIONS

3. The charges for transit, by land or sea, without as well as within
the limits of the union, on the articles to which the present article ap-
plies, are established in the same manner as the transit charges relating
to articles exchanged between union countries by means of the services
of other countries of the union.

4. The transit charges on articles for countries outside the postal union
are payable by the office of the country of origin, which fixes the postage
rates in its services for the said articles, but these rates may not be
lower than the normal union tariff,

5. The transit charges on articles originating in countries eit the
union are not payable by the office of the country of destination. That
office delivers without charge articles transmitted to it as fully prepaid;
it charges unpaid articles double the prepaid rate applicable in its own
service to similar articles addressed to the country where the said articles
originate, and insufficiently prepaid articles double the deficiency; but the
charge may not exceed that which is levied on unpaid articles of the
same nature, weight, and origin.

6. With regard to responsibility in the matter of registered articles, the
articles are treated:

For transmission within the limits of the union in accordance with the
stipulations of the present convention;

For transmission without the limits of the union in accordance with
the conditions notified by the office of the union which serves as the in-
termediate office.

Article 18. Counterfeit Postage Stamps.

The high contracting parties undertake to adopt, or to propose to their
respective legislatures, the necessary measures for punishing the fraudu-
lent use of counterfeit postage stamps or stamps already used for the
prepayment of correspondence. They also undertake to adopt, or to
propose to their respective legislatures, the necessary measures for pro-
hibiting and repressing the fraudulent manufacture, sale, offering for
sale, or distribution of embossed or adhesive stamps in use in the postal
service, forged or imitated in such a manner as to be mistakable for the
embossed and adhesive stamps issued by the administration of any one
of the contracting countries.

Article 19. Special Arrangements for Particular Services.

The services concerning letters and boxes of declared value, postal
money orders, postal parcels, collection of bills and drafts, certificates
of indemnity, subscriptions to newspapers, etc., form the subject of special
arrangements between the various countries or groups of countries com-
posing the union.

Article 20. Regulations of Execution; Special Agreements between

Administrations.
1. The postal administrations of the various countries composing the
THE UNIVERSAL POSTAL UNION 163

union are competent to draw up, by common consent, in the form of
regulations of execution, all the measures of order and detail which
are judged necessary.

2. The several administrations may, moreover, make amongst them-
selves the necessary arrangements on the subject of questions which do
not concern the union generally, provided that those arrangements do not
derogate from the present convention.

3. The administrations concerned are, however, permitted to come to
mutual arrangements for the adoption of lower rates of postage within a
radius of 30 kilometers.

Article 21. Internal Laws; Restricted Unions.

1. The present convention does not involve alterations in the legisla-
tion of any country as regards anything which is not provided for by the
stipulations contained in this convention.

2. It does not restrict the right of the contracting parties to maintain
and to conclude treaties, as well as to maintain and establish more re-
stricted unions, with a view to the reduction of postage rates or to any
other improvement of postal relations.

Article 22, International Bureau.

1. Under the name of the International Bureau of the Universal Postal
Union a central office is maintained which is conducted under the super-
vision of the Swiss postal administration, and of which the expenses are
borne by all the administrations of the union.

2. This bureau is charged with the duty of collecting, collating, publish-
ing, and distributing information of every kind which concerns the in-
ternational postal service; of giving, at the request of parties concerned,
an opinion upon questions in dispute; of making known proposals for
modifying the acts of the congress; and, in general, of taking up such
studies and labors as may be confided to it in the interest of the postal
union.

Article 23. Disputes to be Settled by Arbitration.

1. In case of disagreement between two or more members of the
union as to the interpretation of the present convention, or as to the
responsibility resting on an administration by the application of the said
convention, the question in dispute is decided by arbitration. To that
end each of the administrations concerned chooses another member of
the union not directly interested in the matter.

2. The decision of the arbitrators is given by an absolute majority of
votes.

3. In case of an equality of votes the arbitrators choose, with the view
of settling the difference, another administration equally uninterested in
the question in dispute. :

4. The stipulations of the present article apply equally to all the agree-
ments concluded by virtue of the foregoing Article 19.
164 INTERNATIONAL RELATIONS

Article 24, Adhesions to the Convention.

1. Countries which have not taken part in the present convention are
admitted to adhere to it upon their demand.

2. This adhesion is notified through the diplomatic channel to the
government of the Swiss Confederation, and by that government to all
the countries of the union.

3. It implies, as a right, accession to all the clauses and admission to
all the advantages for which the present convention stipulates.

4. It devolves upon the government of the Swiss Confederation to
determine, by common consent with the government of the country con-
cerned, the share to be contributed by the administration of this latter
country toward the expenses of the international bureau, and, if neces-
sary, the rates to be levied by that administration in conformity with the
foregoing Article Io.

Article 25. Congresses and Conferences.

1. Congresses of plenipotentiaries of the contracting countries, or
simple administrative conferences, according to the importance of the
questions to be solved, are held, when a demand for them is made or ap-
proved by two thirds, at least, of the governments or administrations,
as the case may be.

2. A congress shall, in any case, be held not later than five years after
the date of the entry into force of the acts concluded at the last congress.

3. Each country may be represented by one or several delegates, or by
the delegation of another country. But it is understood that the delegate
or delegates of one country can be charged with the representation of
two countries only, including the country they represent.

4. In the deliberations each country has one vote only.

5. Each congress settles the place of meeting of the next congress.

6. For conferences, the administrations settle the places of meeting on
the proposal of the International Bureau.

Article 26. Proposals made between Congresses.

1. In the interval which elapses between the meetings, any postal ad-
ministration of a country of the union has the right to address to the
other administrations belonging to it, through the medium of the Inter-
national Bureau, proposals concerning the regime of the union.

In order to be considered, every proposal must be supported by at
least two administrations, without counting that from which the pro-
posal emanates. When the International Bureau does not receive, at the
same time as the proposal, the necessary number of declarations of sup-
port, the proposal fails.

2. Every proposal is subject to the following procedure:

A period of six months is allowed to the Administrations of the Union
to examine the proposals and to communicate their observations, if any,
to the International Bureau. Amendments are not admitted. The ans-
THE UNIVERSAL POSTAL UNION 165

wers are tabulated by the International Bureau, and communicated to the
Administrations, with an invitation to declare themselves for or against.
Those who have not furnished their vote within a period of six months,
counting from the date of the second circular of the International Bureau
notifying to them the observations which have been received, are con-
sidered as abstaining.

3. In order to become binding, the proposals must obtain:

1° Unanimity of votes if they involve the addition of new stipulations
or any modification of the stipulations of the present Article or of Arti-
cles 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 15, 18, 27, 28 and 29.

2° Two thirds of the votes if they involve a modification of the stipu-
lations of the conventions other than those of Articles 2, 3, 4, 5, 6, 7, & 9,
12, 13, 15, 18, 26, 27, 28 and 29.

3° Simply an absolute majority, if they affect the interpretation of the
stipulations of the Convention, except in the case of dispute contemplated
by the foregoing Article 23.

4. Resolutions duly adopted are sanctioned, in the first two cases, by a
diplomatic declaration, which the government of the Swiss Confederation
is charged with the duty of preparing and transmitting to all the Govern-
ments of the contracting countries; and in the third case by a simple
notification from the International Bureau to all the Administrations of
the Union.

5. No modification or resolution adopted is binding until at least three
months after its notification.

Article 27. Protectorates and Colonies Included in the Union.

For the application of the foregoing Articles 22, 25 and 26, the follow-
ing are considered as a single country or Administration as the case
may be:

1° The German protectorates of Africa;

2° The German protectorates of Asia and Australasia ;

3° The Empire of British India;

4° The Dominion of Canada;

5° The Commonwealth of Australia with British New Guinea;

7° The whole of all the other British colonies ;

8° The whole of the island possessions of the United States of America,
comprising at present the islands of Hawaii, the Philippine Islands, and
the islands of Porto Rico and of Guam.

9° The whole of the Danish colonies ;

10° The whole of the Spanish colonies;

11° Algeria;

12° The French colonies and protectorates in Indo-China;

13° The whole of the other French colonies ;

14° The whole of the Italian colonies;

15° The whole of the Dutch colonies ;
166 INTERNATIONAL RELATIONS

16° The Portuguese colonies of Africa;

17° The whole of the other Portuguese colonies.

Article 28. Duration of the Convention.

The present convention shall come into operation on the 1st of Octo-
ber, 1907, and shall remain in force for an indefinite period; but each
contracting party has the right of withdrawing from the Union, by
means of a notice given one year in advance by its Government to the
Government of the Swiss Confederation.

Articles 29. Abrogation of Previous Conventions; Ratification.

1. From the, date on which the present Convention comes into effect,
all the stipulations of the Treaties, Conventions, Agreements, or other
Acts previously concluded between the various countries or Administra-
tions, in so far as those stipulations are not in accordance with the terms
of the present Convention, are abrogated, without prejudice to the rights
reserved by the foregoing Article 21.

2. The present Convention shall be ratified as soon as possible. The
acts of ratification shall be exchanged at Rome.

3. In faith of which the plenipotentiaries of the above-named countries
have signed the present convention at Rome on the 26th of May, 1906.

(Signatures)

Finat Protocoy

At the moment of proceeding to sign the Conventions settled by the
Universal Postal Congress of Rome, the undersigned plenipotentiaries
have agreed as follows:

I. Note is taken of the declaration of the British delegates in the
name of their Government to the effect that it has assigned to New Zea-
land, with the Cook Islands and other island dependencies, the vote which
Article 27.7th, of the Convention attributes to “the whole of the other
British Colonies.”

II. In modification of Article 27 of the Convention, a second vote is
accorded to the Netherlands colonies, in favor of the Netherlands East
Indies.

III. In modification of the stipulations of paragraph 1 of Article 5, it
is agreed that, as a temporary measure, Postal Administrations, which in
consequence of the organization of their internal service, or for other
causes, cannot adopt the principle of the increase of the unit of weight
of letters from 15 to 20 grams, and that of the reduction of the charge
above the first unit of weight to 15 centimes for each supplementary rate
instead of 25 centimes, are authorized to postpone the application of these
two stipulations or of one or other of them, so far as regards letters
originating in their service, until the day when they are in a position to
apply them, and to conform in the mean time to the measures prescribed
on this subject by the Congress of Washington.
UNIVERSAL POSTAL UNION 167

IV. In modification of Article 6 of the Convention, which fixes at 25
centimes the maximum charge for registration, it is agreed that coun-
tries out of Europe are authorized to maintain this maximum at 50
centimes, inclusive of the delivery of a registered receipt to the sender.

V. By way of exception to the provisions of paragraph 3 of Article 12
of the Convention, Persia has the right of collecting from the addressees
of printed papers of all kinds received from foreign countries a tax of 5
centimes per article distributed. This right is accorded to it provisionally.

The same right is accorded to China in the event of its adhering to
the principal Conventions.

VI. By way of exception to the provisions of Article 4 of the Conven-
tion and to the corresponding paragraphs of the Regulations relative
thereto, it is agreed as follows in regard to the transit rates to be paid
to the Russian Administration on account of correspondence exchanged
by way of the Siberian Railway:

1° The accounting for transit charges in respect to the articles men-
tioned above shall be based, from the date of the opening of the afore-
said railway, on special returns taken every three years during the first
twenty-eight days of the month of May or of the month of November
(alternately) of the second year of each triennial period, such returns to
take effect retrospectively from the first year.

2° The statistics of May, 1908, shall regulate the payments to be made
from the date of the commencement of the traffic in question until the
end of the year 1909. The statistics of November, 1911, shall apply to the
years I910, 1911, and 1912, and so on.

3° If a country in the Union commences the dispatch of its articles by
way of the Siberian Railway during the period covered by the above men-
tioned statistics, Russia has the right to demand the taking of separate
statistics relating exclusively to such articles.

4° The payment of transit charges due to Russia for the first, and if
necessary, for the second year of each triennial period, is to be made
provisionally at the end of the year on the basis of the preceding sta-
tistics, subject to a subsequent settlement of accounts in accordance with
the results of the new statistics.

5° Transit in open mail is not admitted by the aforesaid railway.

Japan has the right to apply the stipulations of each paragraph of the
present article in regard to the settlement of transit rates due to Japan
for the land or sea transit of articles exchanged by way of the Japanese
railway in China( Manchuria) and so far as concerns the inadmissibility
of transit in open mail.

VII. Salvador, which forms a part of the Postal Union, not having
been represented at the Congress, the Protocol remains open to it in order
that it may adhere to the conventions which have been concluded there or
only to one or other of them.

It remains open with the same object:
168 INTERNATIONAL RELATIONS

a. To Nicaragua and to Peru, whose delegates at the Congress were
not furnished with full powers:

b. To the Dominican Republic, whose delegate was obliged to be absent
when the Acts were signed.

The Protocol likewise remains open to the Chinese Empire and the
Empire of Ethiopia, whose delegates to the Congress have announced the
intention of those countries to enter the Universal Postal Union on a
date to be fixed hereafter.

VIII. The Protocol remains open to those countries whose representa-
tives have to-day signed only the principal Convention, or only a certain
number of the Conventions settled by the Congress, in order to admit of
their adherence to the other Conventions signed this day, or to one or
other of them.

IX. The adhesions contemplated in the foregoing Article VII must be
notified to the Government of Italy by the respective Governments in
diplomatic form. The term accorded to them for the notification will
expire on the 1st of July, 1907. '

X. In the event of one or more of the contracting parties to the Postal
Conventions signed today at Rome not ratifying one or other of these
Conventions, this Convention shall be none the léss valid for the States
which shall have ratified it.

In faith of which the undermentioned plenipotentiaries have drawn up
the present final Protocol, which shall have the same force and validity as
if its provisions were inserted in the text itself of the Conventions to
which it relates, and they have signed it on a single copy, which shall re-
main in the archives of the government of Italy, and of which a copy
shall be delivered to each party.

Done at Rome, the 26th of May, 1906.

(Signatures) 4

Detailed regulations for the execution of the convention
were also agreed to and signed on the same day. They are
too long and minute in their provisions to copy here.

The expenses of the International Bureau are provided for
by Article XXXVIII of the regulations which reads as
follows:

Division of the expenses of the International Bureau.

1. The ordinary expenses of the International Bureau must not exceed:
the sum of 125,000 francs annually, irrespective of the special expenses to
which the meeting of a Congress or of a Conference gives rise.

2. The Swiss Postal Administration supervises the expenses of the In-

# Statutes of the United States 1907-1908. Part II. Treaties and Con-
ventions, 5 to 135.
UNIVERSAL POSTAL UNION 169

ternational Bureau, makes the necessary advances, and prepares the an-
nual account, which is communicated to all the other Administrations.

3. For the apportionment of the expenses, the countries of the Union
are divided into seven classes, each contributing in the proportion of a cer-
tain number of units, viz:

Ist class 25 units
2nd ” 20 ”
3rd ” I 5 ”
4th ” Io ”
5th ” 5 ”
6th ” 3 ”
ath ” I ”

4. These co-efficients are multiplied by the number of countries of each
class, and the total of the products thus obtained furnishes the number of
units by which the whole expense is to be divided. The quotient gives the
amount of the unit of expense.

5. The countries of the Union are classified as follows, in view of the
division of expenses:

ist class: Germany, Austria, United States of America, France, Great
Britain, Hungary, British India, Commonwealth of Australia, Canada,
the British Colonies and Protectorates of South Africa, the whole of the
other British Colonies and Protectorates, Italy, Japan, Russia, Turkey.

and class: Spain.

3rd class: Belgium, Brazil, Egypt, Netherlands, Roumania, Sweden,
Switzerland, Algeria, French Colonies and Protectorates in Indo China,
the whole of the other French Colonies, the whole of the insular posses-
sions of the United States of America, Dutch East Indies;

4th class: Denmark, Norway, Portugal, Portuguese Colonies in Africa,
the whole of the other Portuguese Colonies;

5th class: Argentine Republic, Bosnia-Herzegovina, Bulgaria, Chili, Co-
lombia, Greece, Mexico, Peru, Servia, Tunis;

6th class: Bolivia, Costa Rica, Cuba, Dominican Republic, Ecuador,
Guatemala, Hayti, Republic of Honduras, Luxemburg, Republic of Nicara-
gua, Republic of Panama, Paraguay, Persia, Republic of Salvador, King-
dom of Siam, Uruguay, Venezuela, German Protectorates in Africa, Ger-
man Protectorates in Asia and Australasia, Danish Colonies, Colony of
Curacoa (or Dutch West Indies), Colony of Surinam (or Dutch Guiana) ;

7th class: Congo Free State, Corea, Crete, Spanish Establishments in
the Gulf of Guinea, the whole of the Italian Colonies, Liberia, Mon-
tenegro.®

The functions of the International Postal Union and of the
postoffice departments of the governments constituting it are

5 Statutes of the United States, 1907-1908, Part II. 96.
170 INTERNATIONAL RELATIONS

essentially those of a common carrier. The money-order de-
partment adds another business function usually performed
by bankers. The sole purpose of the Union is to perform use-
ful public services which have no necessary connection with
any purely political question, or with the jealousies or am-
bitions of governments. The general plan on which the busi-
ness is carried on is more purely socialistic, than any other
function discharged by the governments. A vast amount of
property is owned and used in the conduct of the business, the
title to which is vested in the public. There are no stock-
holders to either direct the management or demand dividends.
The people of each nation furnish to their government, by such
method of taxation or contribution as the policy of the par-
ticular state dictates, all funds necessary for the accommoda-
tion and maintenance of the service within its territory. The
rates of postage fixed by the Union for the international ser-
vice as well as those of each local government for its domestic
service, are intended to be sufficient to pay the actual cost of
the service, without any return for the use of the postoffice
buildings or other public property. The employees who per-
form the service are interested in the compensation they re-
ceive and the conditions under which the service is performed.
The general public are interested in the efficiency of the ser-
vice and the cost of it. The governments stand as the repre-
sentatives of the whole people charged with the duty of se-
curing the best possible service at a reasonable cost. Acting
on these principles the nations have built up their domestic
establishments, and by the convention above given they have
combined to make the system universal. In this manner by
far the greatest and most efficient business establishment that
ever existed has been brought into being. Considering the
magnitude of its operations and the numbers of people who are
dependent on its service, the provisions of the convention ap-
pear to be very simple and concise. The appended regulations
go into more minute details, but when the diverse circum-
stances affecting the service in different parts of the world are
considered, the differences in language, in units of weight,
UNIVERSAL POSTAL UNION 171

measure, distance and value, these also appear to be models of
clearness and brevity.

The convention makes provisions for the settlement of con-
troversies under it arising between members of the Union by
arbitration in accordance with the provisions of Article 23.

By article 25 it is provided that congresses of plentipoten-
tiaries shall be held as often as once in five years and oftener
on demand of two-thirds of the governments, and simple ad-
ministrative conferences are also provided for.

Proposals concerning the régime of the Union may also be
made by any member and submitted to a referendum vote,
when the proposal is supported by at least two administrations
other than the one making the proposal. To become binding
the vote must be unanimous if the proposition affects articles
2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 15, 18, 27, 28 and 29, and two-
thirds if it involves a modification of the other articles. If
the proposal is merely one of interpretation not involving a
matter subject to arbitration under article 23, an absolute
majority of all determines the question.

Considered as a whole the convention accords with the prin-
ciples of freedom and equality among the nations, and economy
and efficiency in the service. By the latitude given for adapta-
tion to exceptional conditions, and liberty to the governments
concerned to adjust matters of interest to only two or a few of
them, it avoids difficulties and inconveniences that would re-
sult from unnecessarily rigid rules. Its activities extend to
people in every state of social and political organization, and
the agencies employed must needs be adapted to every con-
dition.

These among other considerations have induced the Con-
gress of the United States to confer powers on a cabinet officer
with the advice and consent of the President, which under the
constitution are vested in the President and the Senate. It is
provided by statute as follows:

“For the purpose of making better postal arrangements with foreign
countries, or to counteract their adverse measures affecting our postal
intercourse with them, the Postmaster-General, by and with the advice
and consent of the President, may negotiate and conclude postal treaties
172 INTERNATIONAL RELATIONS

or conventions, and may reduce or increase the rates of postage on mail-
matter conveyed between the United States and foreign countries.’

“The Postmaster-General shall transmit a copy of each postal convention
concluded with foreign governments to the Secretary of State, who shall
furnish a copy of the same to the Congressional Printer for publication;
and the printed proof-sheets of all such conventions shall be revised at
the Post-Office Department.”7

The Union as a governmental and business agency appears
to be more firmly established and secure against attack than
any other international institution or combination.

6 Revised Statutes of the United States §390.
71d. §400.
CHAPTER V
COMMON PROPERTY OF ALL NATIONS

The accepted doctrine of international law is that each na-
tion has exclusive dbminion over its lands, interior waters, and
the sea along its coasts for a marine league from low water.?
Beyond this marginal strip of the sea no nation has exclusive
rights, but the ocean is free to the ships of all nations. The ex-
pression “freedom of the seas” is more generally used as in-
dicating the rights of all nations to its use than any phrase
expressing property rights. But the human race dominates the
earth, whether the surface be of land or water, and the con-
ception of a right of property over anything susceptible of
use grows with the realization of the uses to which it may be
put and the advantages to be derived therefrom. The idea of
private ownership of land is a development of advanced
civilizaton in regions so densely peopled that it became neces-
sary to apportion a dwelling place to each. The theory of
paper titles to land, wholly without regard to use or occupancy,
is a further extension of the idea of private ownership of the
soil, and makes it a marketable commodity protected by posi-
tive law. This theory of ownershp is also adopted by the na-
tions, each of which claims exclusive dominion over a definite
portion of the land. Nations also have treated their ownership
as a vendible commodity and have bought and sold great dis-
tricts. It was by purchase that the United States acquired
Louisiana, Florida, Alaska, portions of Mexico and other dis-
tricts and islands. Although it is stated in the law books that
title to the surface of the land carries with it, unless otherwise
expressed, ownership of all beneath it to the center of the earth
and of all above to the sky, this ownership is subject to more or
less important qualifications. The elements and the wild
things over which man has no actual mastery do not become

1 Taylor, Int. Law, 293. Bynkershoek De Dom. Mar. c. 2.
174 INTERNATIONAL RELATIONS

his property by coming on his land. Private ownership is also
subject to the demands of public necessity. When needed for
public use the state may exercise its powers of eminent domain
and force the owner to give the land for its value in money.
Common needs outweigh private interest. Thus far the com-
munity of nations has failed to evolve any law of eminent
domain through which a nation may be required to give up its
title to anything needed by all for their common use. Yet
there are many places over which one nation now exer-
cises exclusive sovereignty, to which the others need equal
access and right. Primitive man lives only where he can ob-
tain all things needed to sustain life. The indivdual or the
family or small group supplies its wants from the immediate
surroundings, but in the densely peopled and well developed
states each person is dependent on the activities of great num-
bers of persons near and far for his food and clothing. Whole
nations have become dependent on other nations for food, for
clothing, for fuel and for materials for their industries. The
whole world may be dependent on the mines of one country
for a particular mineral, on the fields of another for a par-
ticular product, or on the forests of another for a gum, a nut
ora wood. The countries having a monopoly of such products
may be dependent on the markets of the whole world in which
to dispose of their peculiar products and obtain their supplies.
The whole world looks to a few countries for its supplies of
coffee, tea, cotton, rubber, sugar, hemp, spices and drugs.
These to reach some of the markets must be transported both
by land and by sea. Nowhere is civilized man willing to be
restricted to the use of the products of his own country, and
much less to the products of the immediate locality in which
he lives. The discovery of America and of the ocean routes
to Asia put an end to the isolation of nations from each other
which had existed from the beginning of time, so far as we
know, and introduced all the distant peoples to each other. It
is now perceived that the welfare of the people of each nation
is dependent in some degree on intercourse with those of dis-
tant lands, and that the great laws of commerce, of justice and
mutual help must be extended throughout the world for the
COMMON PROPERTY OF ALL NATIONS 175

benefit of all. Inventive genius and scientific research have
revealed possessions and resources, instrumentalities and
forces before unknown, by means of which the welfare of all
may be promoted. Some of these are by nature incapable of
monopoly or exclusive appropriation and therefore the general
property of all nations as tenants in common. So far as now
known the most important of these are:

1. The Sea, with all that it contains and that lies beneath it,
almost three fourths of the whole surface of the earth.

2. The Air, which blows over land and sea from nation to
nation, on the purity of which all creatures depend for life.

3. The unseen natural forces which bind together the most
remote parts of the earth and may be used for the transmis-
sion of intelligence or converted into light, heat or power.

4. The inspirations, revelations and ideals that have been
vouchsafed to favored ones for the uplift of the whcle race
of man.

THE SEA

The ancients made no claim to dominion over the ocean. To
them it was a limitless expanse of unknown terrors and offered
no temptation for conquest. In modern times ambitious na-
tions seek mastery of the sea, but the accepted doctrine of in-
ternational law has been and is that all nations have equal
rights away from the coast and interior waters, and may freely
sail wherever they will on the open seas. This general doctrine
by no means disposes of all the questions relating to the uses of
the sea. The more important of these relate to:

1. Navigation.

2. Fisheries.

3. Telegraphs: cable and wireless.

4. The bed of the sea and ocean products other than fish.

5. Sanitation.

Manifestly the use of common property must be regulated
by the owners of it. If these include all the nations of the
earth, then it requires the action of all the nations to prescribe
the rules which are to govern its use. Recent occurrences have
disclosed the painful inefficiency of international law, and
even of treaties and conventions relating to it. The necessity
176 INTERNATIONAL RELATIONS

for intelligent legislation by a body representing all the nations
and authorized to make binding laws and enforce them against
dissenting minorities is apparent. But the greatest need is not
of mere rules regulating the conduct of those who use the seas.
There are many enterprises needing the combined support of
all the nations which require organization and direction by
representatives of all.

NAVIGATION

At present the most important use made of the ocean is as .
a highway for the navigators, their ships and cargoes. Each
ship must have its national character obtained in accordance
with the laws of the country of its owners, and must display
the flag of its country. This character is established by regis-
try in accordance with the laws of the country granting the
registration, and a certificate in due form by the registration
officer. To obtain registration as a vessel of the United States,
proof must be made that the owner is a citizen of the United
States, or if owned by a corporation that the president and
managing directors are such citizens, that the corporation is
organized under the laws of the United States or a state there-
of, and that the master and officials of the vessel are also citi-
zens of the United States.* The provisions of the statute gov-
erning registration, transfer on sale, measurement, change of
master or of name of the vessel and to meet exceptional cases
with reference to the citizenship of owners or officers are very
full.2 The registry is made by the collector of the district of
which the owner is a resident, who may issue a sea-letter certi-
fying to the ownership of the vessel. Each nation determines
for itself the conditions under which it will allow a ship to use
its flag and be accorded the protection of its government. The
nationality of a ship is a matter of great importance, for it
abides with the ship wherever it sails, and carries with it the
laws of its country so far as all on board are concerned.

Having been duly registered, before it can depart for a
foreign port, a ship must obtain from the collector of the port

2 Compiled Statutes of U. S. (1918) Title XLVIII. ۤ 7709, 7720, 7722.
3 Compiled Statutes of the United States, §§ 7707 to 7788.
COMMON PROPERTY OF ALL NATIONS 177

a clearance. To procure a clearance the master of the vessel
must deliver to the collecter a manifest of all the cargo on
board the same and the value thereof and the foreign port or
country in which the cargo is intended to be landed. On pay-
ment of all legal fees a clearance is granted and the ship may
proceed on its voyage. Though the ocean over which it sails
has no nationality and is without government or law other
than such principles as all the nations recognize, the ship and
all on board it retain their national character and laws, not
only while on the open sea but also in foreign ports.* The
courts of the home port have jurisdiction of all controversies
and questions arising on board the ship during its voyage.°
Though endowed with full national character by a nation at
peace with all other nations, the ship is not necessarily secure
from interference on its voyage while on the open sea. If
other nations are at war, their rights as belligerents may li-
cense them to search and seize such goods as are contrabrand
of war destined to the enemy country. The ship may not
violate a lawful blockade of an enemy port by a belligerent,
on pain of capture and confiscation. Notwithstanding all re-
cent efforts to guard the rights of neutrals in time of war,
the rights of belligerents are still regarded as superior to those
of peaceful neutrals conducting their lawful business. Neutral
rights are forced to yield to the exigencies of war and the ex-
pediencies of naval commanders. The great war has demon-
strated the inefficiency both of international law and treaties
and conventions as protection to neutral shipping in time of
war. The merchant ships of belligerents are of course at all
times exposed to capture or destruction by the enemy.

The need of definite, clear and positive rules, strictly en-
forced, is not confined to times of war or limitation of the
acts of belligerents. Vessels of different nationality meet in
the ocean routes and lanes of travel in all kinds of weather and
under a great variety of conditions affecting their safety.
Uniformity of rules governing their conduct and methods of

4 Taylor, Int. Law 307, 308.
5 Taylor, Int. Law, 308.
178 INTERNATIONAL RELATIONS

communicating with each other is manifestly essential to their
safety. To obtain this there must be either general agreement
of all the nations, or a representative body having power to
make rules binding on all. It may not be of prime importance
that the rules are the best that could be devised, but it is clearly
necessary that there shall be uniform rules known and observed
by all. To meet this need international marine conferences
have been held from time to time. One held at Washington in
1899 was participated in by the following nations: Austria-
Hungary, Belgium, Brazil, Chile, China, Costa Rica, Denmark,
France, Germany, Great Britain, Guatemala, Honduras, Italy,
Japan, Mexico, The Netherlands, Nicaragua, Norway, Portu-
gal, Russia, Siam, Spain, Sweden, Turkey, Uruguay, Vene-
zuela and the United States. The work of the conference re-
sulted in the formulation of rules to be observed by navigators,
most of which have been enacted into statutory law by the Con-
gress of the United States, and are as follows:

INTERNATIONAL RULES FOR PREVENTING COLLISIONS
AT SEA

The following regulations for preventing collisions at sea shall be fol-
lowed by all public and private vessels of the United States upon the high
seas and in all waters connected therewith, navigable by sea-going vessels.

PRELIMINARY

In the following rules every steam-vessel which is under sail and not
under steam is to be considered a sailing-vessel, and every vessel under
steam, whether under sail or not, is to be considered a steam vessel.

The words “steam vessel” shall include any vessel propelled by ma-
chinery.

A vessel is under way “within the meaning of these rules when she is not
at anchor, or made fast to the shore or aground.

Ruies ConcerNninGc LicHTs, AND so FortH

The word “visible” in these rules when applied to lights shall mean
visible on a dark night with a clear atmosphere.

Art. 1. The rules concerning lights shall be complied with in all weath-
ers from sunset to sunrise, and during such time no other lights which may
be mistaken for the prescribed lights shall be exhibited.

Art. 2, A steam-vessel when under way shall carry—

(a) On or in front of the foremast, or if a vessel without a foremast,
then in the fore part of the vessel, at a height above the hull of not less
COMMON PROPERTY OF ALL NATIONS 179

than twenty feet, or if the breadth of the vessel exceeds twenty feet, then
at a height above the hull not less than such breadth, so, however, that
the light need not be carried at a greater height above the hull than forty
feet, a bright white light, so constructed as to show an unbroken light over
an arc of the horizon of twenty points of the compass, so fixed as to throw
the light ten points on each side of the vessel, namely, from right ahead to
two points abaft the beam on either side, and of such character as to be
visible at a distance of at least five miles.

(b) On the starboard side a green light so constructed as to show an
unbroken light over an arc of the horizon of ten points of the compass,
so fixed as to throw the light from right ahead to two points abaft the
beam on the starboard side, and of such a character as to be visible at a
distance of at least two miles. :

(c) On the port side a red light so constructed as to show an unbroken
light over an arc of the horizon of ten points of the compass, so fixed as
to throw the light from right ahead to two points abaft the beam on the
port side, and of such a character as to be visible at a distance of at least
two miles,

(d) The said green and red side-lights shall be fitted with inboard screens
projecting at least three feet forward from the light, so as to prevent
these lights from’ being seen across the bow.

(e) A steam-vessel when under way may carry an additional white light
similar in construction to the light mentioned in subdivision (a). These
two lights shall be so placed in line with the keel that one shall be at
least fifteen feet higher than the other, and in such a position with
reference to each other that the lower light shall be forward of the
upper one. The vertical distance between these lights shall be less than
the horizontal distance.

Art. 3. A steam-vessel when towing another vessel shall, in addition to
her side-lights, carry two bright white lights in a vertical line one over
the other, not less than six feet apart, and when towing more than one
vessel shall carry an additional bright white light six feet above or below
such light, if the length of the tow measuring from the stern of the tow-
ing vessel to the stern of the last vessel towed exceeds six hundred feet.
Each of these lights shall be of the same construction and character, and
shall be carried in the same position as the white light mentioned in article
two (a), excepting the additional light, which may be carried at a height
of not less than fourteen feet above the hull.

Such steam-vessel may carry a small white light abaft the funnel or
aftermast for the vessel towed to steer by, but such light shall not be
visible forward of the beam.

Art. 4. (a) A vessel which from any accident is not under command
shall carry at the same height as a white light mentioned in article two (a),
where they can best be seen, and if a steam-vessel in lieu of that light, two
red lights, in a vertical line one over the other, not less than six feet
180 INTERNATIONAL RELATIONS

apart, and of such a character as to be visible all around the horizon
at a distance of at least two miles; and shall by day carry in a vertical
line one over the other, not less than six feet apart, where they can best
be seen, two black balls or shapes, each two feet in diameter.

(b) A vessel employed in laying or in picking up a telegraph cable shall
carry in the same position as the white light mentioned in article two (a)
and if a steam-vessel in lieu of that light, three lights in a vertical line one
over the other, not less than six feet apart. The highest and lowest of
these lights shall be red, and the middle light shall be white, and they
shall be of such a character as to be visible all around the horizon, at a
distance of at least two miles. By day she shall carry in a vertical line,
one over the other, not less than six feet apart, where they can best be
seen, three shapes not less than two feet in diameter, of which the
highest and lowest shall be globular in shape and red in color, and the
middle one diamond in shape and white. — ,

(c) The vessels referred to in this article, when not making way
through the water, shall not carry the side lights, but when making way
shall carry them.

(d) The lights and shapes required to be shown by this article are to
be taken by other vessels as signals that the vessel showing them is not
under command and cannot therefore get out of the way.

These signals are not signals of vessels in distress and requiring
assistance. Such signals are contained in article thirty-one.

Art. 5. A sailing vessel under way and any vessel being towed shall
carry the same lights as are prescribed by article two for a steam-vessel
under way, with the exception of the white lights mentioned therein, which
they shall never carry.

Art. 6. Whenever, as in the case of small vessels under way during bad
weather, the green and red lights cannot be fixed, these lights shall be
kept at hand, lighted and ready for use: and shall, on the approach of
or to other vessels, be exhibited on their respective sides in sufficient time
to prevent collision, in such manner as to make them most visible, and so
that the green light shall not be seen on the port side nor the red light
on the starboard side, not, if practicable, more than two points abaft the
beam on their respective sides. To make the use of these portable lights
more certain and easy the lanterns containing them shall each be painted
outside with the color of the light they respectively contain, and shall be
provided with proper screens.

Art. 7. Steam-vessels of less than forty, and vessels under oars or sails
of less than twenty tons gross tonnage, respectively, and rowing boats,
when under way, shall not be required to carry the lights mentioned in
article two (a), (b), and (c), but if they do not carry them they shall be
provided with the following lights:

First, Steam-vessels of less than forty tons shall carry—

(a) In the fore part of the vessel, or on or in front of the funnel,
COMMON PROPERTY OF ALL NATIONS 181

where it can best be seen, and at a height above the gunwale of not less
than nine feet, a bright white light constructed and fixed as prescribed
in article two (a) and of such a character as to be visible at a distance
of at least two miles.

(b) Green and red side-lights constructed and fixed as prescribed in
article two (b) and (c), and of such a character as to be visible at a
distance of at least one mile, or a combined lantern showing a- green light
and a red light from right ahead to two points abaft the beam of their
respective sides. Such lanterns shall be carried not less than three feet
below the white light.

Second, Small steamboats, such as are carried by seagoing vessels, may
carry the white light at a less height than nine feet above the gunwale,
but it shall be carried above the combined lantern mentioned in subdivision
one (b). ;

Third, Vessels under oars or sails of less than twenty tons shall have
ready at hand a lantern with a green glass on one side and a red glass on
the other, which, on the approach of or to other vessels, shall be exhibited
in sufficient time to prevent collision, so that the green light shall not be
seen on the port side nor the red light on the starboard side.

Fourth, Rowing boats, whether under oars or sail, shall have ready
at hand a lantern showing a white light which shall be temporarily ex-
hibited in sufficient time to prevent collision.

The vessels referred to in this article shall not be obliged to carry the
lights prescribed by article four (a) and article eleven, last paragraph.

Art. 8. Pilot vessels when engaged in their station on pilotage duty,
shall not show the lights required for other vessels but shall carry a white
light at the masthead, visible all around the horizon, and shall also ex-
hibit a flare-up light or flare-up lights at short intervals, which shall never
exceed fifteen minutes.

On the near approach of or to other vessels they shall have their side
lights lighted, ready for use, and shall flash or show them at short inter-
vals, to indicate the direction in which they are heading, but the green light
shall not be shown on the port side, nor the red light on the starboard side.

A pilot-vessel of such a class as to be obliged to go alongside of a ves-
sel to put a pilot on board may show the white light instead of carrying
it at the masthead, and may, instead of the colored lights above mentioned,
have at hand, ready for use, a lantern with a green glass on the one side
and a red glass on the other, to be used as prescribed above. ;

Pilot-vessels when not engaged on their station on pilotage duty shall
carry lights similar to those of other vessels of their tonnage.

A steam pilot-vessel, when not engaged on her station on pilotage duty
and in waters of the United States, and not at anchor, shall, in addition
to the lights required for all pilot boats, carry at a distance of eight feet
below her white masthead light a red light, visible all around the horizon
and of such a character as to be visible on a dark night with a clear atmos-
182 INTERNATIONAL RELATIONS

phere at a distance of at least two miles, and also the colored side lights
required to be carried by vessels when under way.

When engaged on her station on pilotage duty and in waters of the
United States, and at anchor, she shall carry in addition to the lights
required for all pilot boats the red light above mentioned, but not the
colored side lights.

When not’ engaged on her station on pilotage duty, she shall carry the
same lights as other steam vessels.

Art. 9. Fishing vessels and fishing boats, when under way and when not
required by this article to carry or show the lights hereinafter specified,
shall carry or show the lights prescribed for vessels of their tonnage under
way.

(a) Open boats, by which is to be understood boats not protected from
the entry of sea water by means of a continuous deck, when engaged in
any fishing at night, with outlying tackle extending not more than one
hundred and fifty feet horizontally from the boat into the seaway, shall
carry one all-round white light.

Open boats, when fishing at night, with outlying tackle extending more
than one hundred and fifty feet horizontally from the boat into the sea-
way, shall carry one all-round white light, and in addition,’on approaching
or being approached by other vessels, shall show a second white light at
least three feet below the first light and at a horizontal distance of at
least five feet away from it in the direction in which the outlying tackle
is attached.

(b) Vessels and boats, except open boats as defined in subdivision (a),
when fishing with drift nets, shall, so long as the nets are wholly or partly
in the water, carry two white lights where they can best be seen. Such
lights shall be placed so that the vertical distance between them shall be
not less than six feet and not more than fifteen feet, and so that the
horizontal distance between them, measured in a line with the keel, shall
be not less than five feet and not more than ten feet. The lower of these
two lights shall be in the direction of the nets, and both of them shall be
of such a character as to show all around the horizon, and to be visible
at a distance of not less than three miles.

Within the Mediterranean Sea and in the seas bordering the coasts of
Japan and Korea sailing fishing vessels of less than twenty tons gross ton-
nage shall not be obliged to carry the lower of these two lights. Should
they, however not carry it, they shall show in the same position (in the
direction of the net or gear) a white light, visible at a distance of not less
than one sea mile, on the approach of or to other vessels.

(c) Vessels and boats, except open boats as defined in subdivision (a),
when line fishing with lines out and attached to or hauling their lines,
and when not at anchor or stationary within the meaning of subdivision
(h), shall carry the same lights as vessels fishing with drift nets. When
shooting lines, or fishing with towing lines, they shall carry the lights
prescribed for steam or sailing vessel under way, respectively.
COMMON PROPERTY OF ALL NATIONS 183

Within the Mediterranean Sea and in the seas bordering the coasts of
Japan and Korea sailing fishing vessels of less than twenty tons gross ton-
nage shall not be obliged to carry the lower of these two lights. Should
they, however, not carry it, they shall show in the same position (in the
direction of the lines) a white light, visible at a distance of not less than
one sea mile on the approach of or to other vessels.

(d) Vessels when engaged in trawling, by which is meant the dragging
of an apparatus along the bottom of the sea—

First, If steam vessels, shall carry in the same position as the white
light mentioned in article two (a) a tri-colored lantern so constructed and
fixed as to show a white light from right ahead to two points on each
bow, and a green light and a red light over an arc of the horizon from
two points on each bow to two points abaft the beam on the starboard and
port sides respectively; and not less than six or more than twelve feet
below the tri-colored lantern a white light in a lantern, so constructed as
to show a clear, uniform, and unbroken light all around the horizon.

Second, If sailing vessels, shall carry a white light in the lantern, so
constructed as to show a clear, uniform and unbroken light all around
the horizon, and shall also, on the approach of or to other vessels, show
where it can best be seen a white flare-up light or torch in sufficient time
to prevent collision.

All lights mentioned in subdivision (d) first and second shall be visible
at a distance of at least two miles.

(e) Oyster dredges and other vessels fishing with dredge nets shall
carry and show the same lights as trawlers.

(f£) Fishing vessels and fishing boats may at any time use a flare-up
light in addition to the lights which they are by this article required to
carry and show, and they may also use working lights.

(g) Every fishing vessel and every fishing boat under one hundred and
fifty feet in length or upward, when at anchor, shall exhibit a white light
visible all around the horizon at a distance of at least one mile, and shall
exhibit a second light as provided for vessels of such length by article
eleven,

Should any such vessel, whether under one hundred and fifty feet in
length or of one hundred and fifty feet in length or upward, be attached
to a net or other fishing gear, she shall on the approach of other vessels
show an additional white light at least three feet below the anchor light,
and at a horizontal distance of at least five feet away from it in the direc-
tion of the net or gear.

(h) If a vessel or boat when fishing becomes stationary in consequence
of her gear getting fast to a rock or other obstruction, she shall in day
time haul down the day signal required by subdivision (k); at night show
the light or lights prescribed for a vessel at anchor; and during fog,
mist, falling snow, or heavy rain storms make the signals prescribed for
a vessel at anchor. (See subdivision (d) and the last paragraph of article
fifteen).
184 INTERNATIONAL RELATIONS

(i) In fog, mist, falling snow, or heavy rain storms, drift-net vessels
attached to their nets, and vessels when trawling, dredging, or fishing
with any kind of drag net, and vessels line fishing with their lines out,
shall, if of twenty tons gross tonnage or upward, respectively, at intervals
of not more than one minute, make a blast; if steam vessels, with the
whistle or siren, and if sailing vessels, with the fog-horn, each blast to be
followed by ringing the bell. Fishing vessels and boats of less than twenty
tons gross tonnage shall not be obliged to give the above-mentioned sig-
nals: but if they do not, they shall make some other efficient sound signal
at intervals of not more than one minute.

(k) All vessels or boats fishing with nets or lines or trawls, when under
way, shall in daytime indicate their occupation to an approaching vessel
by displaying a basket or other efficient signal where it can best be seen.
If vessels or boats at anchor have their gear out, they shall on the ap-
proach of other vessels, show the same signal on the side on which
those vessels can pass.

The vessels required by this article to carry or show the lights herein-
before specified shall not be obliged to carry the lights prescribed by -article
four (a) and the last paragraph of article eleven.

Art. 10. A vessel which is being overtaken by another shall show from
her stern to such last mentioned vessel a white light or a flare-up light.

The white light required to be shown by this article may be fixed and
carried on a lantern, but in such case the lantern shall be so constructed,
fitted, and screened that it shall throw an unbroken light over an arc of
the horizon of twelve points of the compass, namely, for six points from
right aft on each side of the vessel, so as to be visible at a distance of
at least one mile. Such light shall be carried as nearly as practicable on
the same level as the side lights.

Art. 11. A vessel under one hundred and fifty feet in length, when at
anchor, shall carry forward, where it can best be seen, but at a height
not exceeding twenty feet above the hull, a white light in a lantern so
constructed as to show a clear, uniform, and unbroken light visible all
around the horizon at a distance of at least one mile.

A vessel of one hundred and fifty feet or upwards in length, when at
anchor, shall carry in the forward part of the vessel, at a height of not
less than twenty and not exceeding forty feet above the hull, one such
light and at or near the stern of the vessel, and at such a height that it
shall be not less than fifteen feet lower than the forward light, another
such light.

The length of a vessel shall be deemed to be the length appearing in
her certificate of registry.

A vessel aground in or near a fair-way shall carry the above light or
lights and the two red lights prescribed by article four (a).

Art. 12, Every vessel may, if necessary in order to attract attention, in
addition to the lights which she is by these rules required to carry, show
COMMON PROPERTY OF ALL NATIONS 185

a flare-up light or use any detonating signal that cannot be mistaken for a
distress signal.

Art. 13. Nothing in these rules shall interfere with the operation of any
special rules made by the Government of any nation with respect to addi-
tional station and signal-lights for two or more ships of war or for vessels
sailing under convoy, or with the exhibition of recognition signals adopted
by ship-owners, which have been authorized by their respective Govern-
ments and duly registered and published.

Art. 14. A steam-vessel proceeding under sail only but having her fun-
nel up, shall carry in day-time, forward, where it can best be seen, one
black ball or shape two feet in diameter.

Sounp SIGNALS FoR FoG, AND SO FORTH

Art. 15. All signals prescribed by this article for vessels under way shall
be given:

First, By “steam vessels” on the whistle or siren.

Second, By “sailing vessels” and “vessels towed” on the fog-horn.

The words “prolonged blast” used in this article shall mean a blast
of from four to six seconds duration.

A steam vessel shall be provided with an efficient whistle or siren,
sounded by steam or some substitute for steam, so placed that the sound
shall not be intercepted by any obstruction, and with an efficient fog-
horn to be sounded by mechanical means, and also with an efficient bell.
(In all cases where the rules require a bell to be used a drum may be
substituted on Turkish vessels, or a gong where such articles are used on
board small seagoing vessels.)

A sailing vessel of twenty tons gross tonnage or upward shall be pro-
vided with a similar fog-horn and bell.

In fog, mist, falling snow, or heavy rainstorms, whether by day or night,
the signals described in this article shall be used as follows, namely:

(a) A steam vessel having way upon her shall sound, at intervals of
not more than two minutes, a prolonged blast.

(b) A steam vessel under way, but stopped, and having no way upon
her, shall sound, at intervals of not more than two minutes, two prolonged
blasts, with an interval of about one second between.

(c) A sailing vessel under way shall sound, at intervals of not more
than one minute, when on the starboard tack, one blast; when on the
port tack, two blasts in succession, and when with the wind abaft the
beam, three blasts in succession.

(d) A vessel when at anchor shall, at intervals of not more than one
minute, ring the bell rapidly for about five seconds.

(e) A vessel when towing, a vessel employed in laying or in picking up
a telegraph cable, and a vessel under way, which is unable to get out of
the way of an approaching vessel through being not under command, or
unable to manaeuver as required by the rules, shall, instead of the sig-
186 INTERNATIONAL RELATIONS

nals prescribed in subdivisions (a) and (c) of this article, at intervals of
not more than two minutes, sound three blasts in succession, namely:
one prolonged blast followed by two short blasts. A vessel towed may
give this signal and she shall not give any other.

Sailing vessels and boats of less than twenty tons gross tonnage shall!
not be obliged to give the above-mentioned signals, but, if they do not, they,
shall make some other efficient sound signal at intervals of not more than
one minute.

SPEED OF SHIPS TO BE MODERATE IN Foc, AND SO FORTH

Art. 16, Every vessel shall in a fog, mist, falling snow or heavy rain-
storms, go at a moderate speed, having careful regard to the existing cir-
cumstances and conditions.

A steam vessel hearing, apparently forward of her beam, the fog
signal of a vessel, the position of which is not ascertained shall, so far
as the circumstances of the case admit, stop her engines, and ther nax-
igate with caution until danger of collision is over.

STEERING AND SAILING RULES

Preliminary—Risk of Collision.

Risk of collision can, when circumstances permit, be ascertained by care--
fully watching the compass bearing of an approaching vessel. If the:
bearing does not appreciably change, such risk should be deemed to exist.

Art. 17. When two sailing vessels are approaching one another, so as
to involve risk of collision, one of them shall keep out of the way of the
other as follows, namely:

(a) A vessel which is running free shall keep out of the way of a ves-
sel which is close-hauled.

(b) A vessel which is close-hauled on the port tack shall keep out of
the way of a vessel which is close-hauled on the starboard tack.

(c) When both are running free, with the wind on different sides, the
vessel which has the wind on the port side shall keep out of the way of
the other.

(d) When both are running free, with the wind on the same side, the
vessel which is to the windward shalf keep out of the way of the vessel
which is to leeward.

(e) A vessel which has the wind aft shall keep out of the way of the
other vessel.

Art. 18. When two steam-vessels are 1neeting end on, or nearly end on,
So as to involve risk of collision, each shall alter her course to starboard,
so that each may pass on the port side of’ the other.

This article only applies ta cases where vessels are meeting end on, or
nearly end on, in such a manner as to involve risk of collision, and does
not apply to two vessels which must, #f both keep on their respective
courses, pass clear of each other,
COMMON PROPERTY OF ALL NATIONS 187

The only cases to which it does apply are when each of the two vessels
is end on, or nearly end on, to the other; in other words, to cases in
which, by day, each vessel sees the masts of the other in a line, or
nearly in a line, with her own; and by night, to cases in which each
vessel is in such a position as to see both the side-lights of the other.

It does not apply by day to cases in which a vessel sees another ahead
crossing her own course; or by night, to cases where the red light of one
vessel is opposed to the red light of the other, or where the green light of
one vessel is opposed to the green light of the other, or where a red
light without a green light, or a green light without a red light is seen
ahead, or where both green and red lights are seen anywhere but ahead.

Art. 19. When two steam-vessels are crossing, so as to involve risk of
collision, the vessel which has the other on her own starboard side shall
keep out of the way of the other.

Art. 20. When a steam vessel and a sailing vessel are proceeding in such
direction as to involve risk of collision, the steam-vessel shall keep out of
the way of the sailing vessel.

Art. 21. Where, by any of these rules, one of two vessels is to keep out
of the way the other shall keep her course and speed.

Note.—When, in consequence of thick weather or other causes, such
vessel finds herself so close that collision cannot be avoided by the action
of the giving-way vessel alone, he shall also take such action as will best
aid to avert collision.

Art. 22. Every vessel which is directed by these rules to keep out of the
way of another vessel shall, if the circumstances of the case admit, avoid
crossing ahead of the other.

Art. 23. ‘Every steam-vessel which is directed by these rules to keep out
of the way of another vessel shall, on approaching her, if necessary,
slacken her speed or stop or reverse.

Art. 24. Notwithstanding anything contained in these rules every vessel,
overtaking any other, shall keep out of the way of the overtaken vessel.

Every vessel coming up with another vessel from any direction more
than two points abaft her beam, that is, in such a position, with reference
to the vessel which she is overtaking that at night she would be unable to
see either of that vessel’s side-lights, shall be deemed to be an overtaking
vessel: and no subsequent alteration of the bearing between the two ves-
sels shall make the overtaking vessel a crossing vessel within the meaning
of these rules, or relieve her of the duty of keeping clear of the overtaken
vessel until she is finally past and clear.

As by day the overtaking vessel cannot always know with certainty
whether she is forward of or abaft this direction from the other vessel
she should, if in doubt, assume that she is an overtaking vessel and keep
out of the way.

Art. 25. In narrow channels every steam vessel shall, when it is safe
and practicable, keep to that side of the fair-way or mid-channel which.
lies on the starboard side of such vessel,
188 INTERNATIONAL RELATIONS

Art. 26. Sailing vessels under way shall keep out of the way of sailing
vessels or boats fishing with nets, or lines, or trawls. This rule shall not
give to any vessel or boat engaged in fishing the right of obstructing a
fair-way used by vessels other than fishing vessels or boats.

Art. 27. In obeying and construing these rules due regard shall be had
to all dangers of navigation and collision, and to any special circumstances
which may render a departure from the above rules necessary in order
to avoid immediate danger.

Sounp SIGNALS For VESSELS IN SIGHT OF ONE ANOTHER

Art. 28. The words “short blast” used in this article shall mean a blast
of about one second’s duration.

When vessels are in sight of one another, a steam vessel under way, in
taking any course authorized or required by these rules, shall.indicate that
course by the following signals on her whistle or siren, namely:

One short blast to mean “I am directing my course to starboard.”

Two short blasts to mean “I am directing my course to port.”

Three short blasts to mean “My engines are going at full speed astern.”

No VesseL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS

Art. 29. Nothing in these rules shall exonerate any vessel or owner or
master or crew thereof, from the consequences of any neglect to carry
lights or signals, or of any neglect to keep a proper lookout, or of the
neglect of any precaution which may be required by the ordinary practice
of seamen, or by the special circumstances of the case.

RESERVATION OF RULES FoR Harsors AND INLAND NiavIGATION

Art. 30. Nothing in these rules shall interfere with the operation of a
special rule, duly made by local authority, relative to the navigation of
any harbor, river, or inland waters.

Distress SIGNALS

Art. 31. When a vessel is in distress and requires assistance from other
vessels or from shore, the following shall be the signal to be used or dis-
played by her, either together or separately, namely:

In the daytime—

First, A gun or other explosive signal fired at intervals of about a
minute.

Second, The international code signal of distress indicated by N.C.

Third, The distance signal, consisting of a square flag, having either
above or below it a ball or anything resembling a ball.

Fourth, A continuous sounding with a fog-signal apparatus.

At night—

First, A gun or other explosive signal fired at intervals of about a
minute.

a
COMMON PROPERTY OF ALL NATIONS 189

Second, Flames on the vessel (as from a burning tar barrel, oil barrel,
and so forth.)

Third, Rockets or shells throwing stars of any color or description, fired
one at a time at short intervals.

Fourth, A continuous sounding with fog-signal apparatus.®

Of the foregoing rules and regulations Articles 1, 5, 6, 8, 12,
13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 29, are
included in the rules for harbors, rivers and inland waters.
Rules not identical but substantially the same as those con-
tained in Articles 2, 3, 11, 15, 18, are also made to apply to
them. The rules for the Great Lakes and connecting and
tributary waters, though similar, are somewhat different in
their provisions, as also are those for the Red River of the
North and the rivers emptying into the Gulf of Mexico.’

It will be observed that, so far as it concerns the United
States, international law-making in this instance has not taken
the usual form of an international convention, ratified as such,
but the rules formulated by the representatives of the nations
have been enacted into statutory law. The statute makes it the
duty of the master of each vessel, in case of collision, so far as
he can safely do so, to stay by and assist the other vessel, her
crew and passengers, to report all serious accidents to the col-
lector of the port to which the vessel belongs and “so far as he
can do so without serious danger to his own vessel, crew, or
passengers, render assistance to every person who is found at
sea in danger of being lost,” failing so to do renders him liable
to a penalty of $1,000 or imprisonment for two years or both.®

By the act of October 31, 1903, it was provided:

That the President of the United States be, and he is hereby authorized
to make with the several governments interested in the navigation of the
North Atintic Ocean, an international agreement providing for the report-
ing, marking, and removal of dangerous wrecks, derelicts, and other
menaces to navigation in the North Atlantic Ocean outside the coast
waters of the respective countries bordering thereon.®

® Compiled Statutes of the United States, 1918, §§7834 to 7870.
71d. §§ 7872 to 7874.

8 Id. §§ 7975, 7979, 7991.

91d. § 7980.
190 INTERNATIONAL RELATIONS

The necessity for concerted action by all interested nations
to guard against dangers of this kind was made distressingly
prominent by the disastrous collision of the Titanic with an
iceberg on April 14, 1912 with appalling loss of life. This led
to a conference at London, at which the following convention
was signed on January 20, 1914 by representatives of Ger-
many, Austria-Hungary, Belgium, Denmark, Spain, United
States, France, Great Britain, Italy, Norway, The Netherlands,
Russia and Sweden.

INTENATIONAL ‘CONVENTION ON SAFETY OF LiFE aT SEA
Chapter I—Safety of Life-at Sea

Art. 1. The high contracting parties undertake to give effect to the
visions of this convention, for the purpose of securing safety of life at
sea, to promulgate all regulations and to take all steps which may be neces-
sary to give the convention full and complete effect.

The provisions of this convention are completed by regulations which
have the same force and take effect at the same time as the convention.
Every reference to the convention implies at the same time a reference
to the regulations annexed thereto.

Chapter II—Ships to Which this Convention Applies

Art. 2. Except where otherwise provided by this convention, the mer-
chant ships of any of the states of the high contracting parties, which are
mechanically propelled, which carry more than 12 passengers and which
proceed from a port of one of the said states to a point situated outside
that state, or conversely, are subject to the provisions of this convention.
Ports situated in the colonies, possessions or protectorates of the high con-
tracting parties are considered to be ports outside the states of the high
contracting parties.

Persons who are on board by reason of force majeure or in consequence
of the obligations laid on the master to carry shipwrecked or other per-
sons are not deemed to be passengers.

Art. 3. There are excepted from this convention save in the cases where
the convention otherwise provides, ships making voyages specified in a
schedule to be communicated by each high contracting party to the British
Government at the time of ratifying the convention.

No schedules may include voyagés in the course of which the ships go
more than 200 sea miles from the nearest coast.

Each. high contracting party has the right subsequently to modify its
schedule of voyages in conformity with this article on condition that it
notifies the British government of such modification.
COMMON PROPERTY OF ALL NATIONS 191

Each high contracting party has the right to claim from another high
contracting party the benefit of the privileges of the convention for all
of its ships which are engaged in any one of the voyages mentioned in
its own schedule. For this purpose the party claiming such benefit shall
impose on the said ships the obligations prescribed by the convention in
so far as, having regard to the nature of the voyage, these obligations
would not be unnecessary or unreasonable.

Art. 4. No ship, not subject to the provisions of the convention at the
time of its departure, can be subject to the convention in the course of
its voyage, if stress of weather or any other cause of force majeure com-
pels it to take refuge in a port of one of the states of the high contracting
parties.

Chapter I]I—Safety of Navigation

Art. 5. When the expression “every ship” is used in this chapter and in
the corresponding part of the annexed regulations, it includes all merchant
ships, whether they are ships defined in article 2 or not, which belong to
any of the contracting states.

Art. 6. The high contracting parties undertake to take all steps to
ensure the destruction of derelicts in the Northern part of the Atlantic
ocean east of a line drawn from Cape Sable to a point situated in latitude
34° north and longitude 70° west. Further, they will establish in the north
Atlantic with the least possible delay a service for the study and observa-
tion of ice conditions and a service of ice patrol.

For this purpose :—

Two vessels shall be charged with these three services.

During the whole of the ice season, they shall be employed in ice patrol.

During the rest of the year the two vessels shall be employed in the
study and observation of ice conditions and in the destruction of derelicts;
nevertheless the study and observation of ice conditions shall be effectively
maintained, in particular from the beginning of February to the opening of
the ice season.

While the two vessels are employed in ice patrol the high contracting
parties, to the extent of their ability and so far as the exigencies of naval
service will permit, will send warships or other vessels to destroy any
dangerous derelicts, if this destruction is considered necessary at that time.

Art. 7. The government of the United States is invited to undertake the
management of the three services of derelict destruction, study and ob-
servation of ice conditions, and ice patrol. The high contracting parties
which are especially interested in these services, and whose names are
given below, undertake to contribute to the expense of establishing and
working the said services in the following proportions: Austria-Hungary,
2%, Belgium, 4%, Canada, 2%, Denmark, 2%, France, 15%, Germany, 15%,
Great Britain, 30%, Italy, 4%, Netherlands, 4%, Norway, 3%, Russia, 2%,
Sweden, 2%, United States of America, 15%. :
192 INTERNATIONAL RELATIONS

Each of the high contracting parties has the right to discontinue its con-
tribution to the expense of working these services after the 1st September,
1916. Nevertheless, the high contracting party which avails itself of this
right will continue responsible for the expenses of working up to the Ist
September following the date of denunciation of the convention on this
particular point. To take advantage of the said right, it must give notice
to the other contracting parties at least six months before the said 1st Sep-
tember; so that, to be free from its obligations on the rst September,
1916, it must give notice on the 1st March, 1916, at the latest, and similarly
for each subsequent year.

In case the United States government should not accept the proposal
made to them, or in case one of the high contracting parties, for any
reason, should not assume responsibility for the pecuniary contribution de-
fined above, the high contracting parties shall settle the question in ac-
cordance with their mutual interests.

The government of the high contracting party which undertakes the man-
agement of the service of derelict destruction is invited to devise means
of granting, at the expense of this service, to merchant ships, which have
contributed in an effective manner to the destruction of ocean derelicts,
rewards to be fixed by the government in accordance with the services
rendered.

The high contracting parties which contribute to the cost of the three
above-mentioned services shall have the right by common consent to make
from time to time such alterations in the provisions of this article and of
article 6 as appear desirable.

Art. 8. The master of every ship which meets with dangerous ice or a
dangerous derelict is bound to communicate the information by means of
communication at his disposal to the ships in the vicinity, and also to the
competent authorities at the first point of the coast with which he can
communicate.

Every administration which receives intelligence of dangerous ice or of a
dangerous derelict shall take all steps which it thinks necessary for bring-
ing the information to the knowledge of those concerned and for com-
municating it to the other administrations.

The transmission of messages respecting ice and derelicts is free of cost
to the ships concerned.

It is desirable that the said information should be sent in a uniform
manner, For this purpose, a code, the use of which is optional, appears
in article I of the regulations annexed hereto.

Art. 9. The master of every ship fitted with a radio-telegraph install-
ation, on becoming aware of the existence of an imminent and serious
danger to navigation, shall report it immediately in the manner prescribed
by article II. of the regulations annexed hereto.

Art. Io. When ice is reported on, or near, his course, the master of
every ship is bound to proceed at night at a moderate speed, or to alter
his course so as to go well clear of the danger zone.
COMMON PROPERTY OF ALL NATIONS 193

Art. 11. The ships defined by article 2 shall have on board a Morse
signalling lamp of sufficient range.

The use of Morse signals is regulated by the code appearing in article
III. as well as by article IV. of the regulations annexed hereto.

Art. 12, The use of the international distress signals for any other pur-
pose than that of signals of distress is prohibited on every ship.

The use of private signals which are liable to be confused with the in-
ternational distress signals is prohibited on every ship.

Art. 13. The selection of the routes across the north Atlantic in both
directions is left to the responsibility of the steamship companies. Never-
theless, the high contracting parties undertake to impose on these com-
panies the obligation to give public notice of the regular routes which
they propose their vessels should follow, and of any changes which they
make in them.

The high contracting parties undertake, further, to use their influence
to induce the owners of all vessels crossing the Atlantic to follow as far
as possible the routes adopted by the principal companies.

Art. 14. The high contracting parties undertake to use all diligence to
obtain from the governments which are not parties to this convention
their agreement to the revision of the international regulations for pre-
venting collisions at sea as indicated below:

(A) The regulations shall be completed or revised in regard to the
following points:

(1) The second white light.

(2) The stern light.

(3) A day signal for motor vessels.

(4) A sound signal for a vessel towed.

(5) The prohibition of signals similar to distress signals.

(B) Articles 2, 10, 14, 15, 31 of the said regulations shall be amended
in accordance with the following provisions:

Article 2. The second white mast-head light to be compulsory.

Article 10. A permanent fixed stern light to be compulsory.

Article 14. A special day signal to be compulsory for motor vessels.

Article 15. A special sound signal to be established for use by a vesel in
tow, or if the tow is composed of several vessels by the last vessel of the
tow.

Article 31. Article 31 to be modified in the following manner: Add
to the list of both day and night signals the international radiotelegraph
distress signal.

Art. 15. The governments of the high contracting parties undertake to
maintain, or, if it is necessary, to adopt, measures for the purpose of
ensuring that, from the point of view of safety at sea, the ships defined in
article 2 shall be sufficiently and efficiently manned.
194 INTERNATIONAL RELATIONS

Chapter IV—Construction
New Sues AND ExistING SHIPS

Art. 16. For the application of the articles contained in this chapter
and in the corresponding part of the regulations annexed hereto, the
ships defined in article 2 are divided into “new ships” and “existing ships.”

New ships are those the keel of which is laid after the Ist of July, 1915.
The following articles of this chapter, namely articles 17 to 30, are
applicable to them in full.

Other ships are considered as existing ships. Existing arrangements on
each of these ships shall be considered by the administration of the state
to which the ship belongs, with a view to improvements providing for in-
creased safety where practicable and reasonable.

SUBDIVISION OF SHIPS

Art. 17. Ships shall be as efficiently subdivided as possible having regard
to the nature of the service for which they are intended. The minimum
requirements respecting subdivision and arrangements affecting subdivision
are given in the following articles and in the regulations annexed to this
convention,

The degree of safety provided for by these minimum requirements varies
in a regular and continuous manner with the length of the vessel and with
a certain “criterion of service.’ The requirements of the annexed
regulations are such that the highest degree of safety corresponds with
the ships of the greatest length primarily engaged in the carriage of
passengers,

Articles V. to IX. of the annexed regulations indicate the method to be
followed in order to determine the permissible length of compartments on
the basis of floodable length; prescribe a limit to the length of compart-
ments; and fix the conditions governing special cases.

When the watertight subdivision of a ship is such as to provide for
a degree of safety greater than that provided by the rules prescribed by
this convention, the administration of the state to which the ship belongs
shall, if so required by the owner, record this fact on the safety certificate
of the ship to the extent and in the manner provided in article X. of
the annexed regulations.

Peak AND MacHINERY Space BULKHEADS
Art, 18. Ships shall be fitted with forward and after peak bulkheads
at the extremities of the machinery space in accordance with the pro-
visions of article XI. of the annexed regulations.
Frreproor BULKHEADS

Art. 19. With a view to retarding the spread of fire, ships shall be fitted
with fireproof bulkheads in ‘accordance with the provisions of article XVI.
of the annexed regulations.
COMMON PROPERTY OF ALL NATIONS 195

Exits rromM WATERTIGHT COMPARTMENTS

Art. 20. The conditions under which means of escape from the various

water tight compartments shall be provided are indicated in article XIII.
of the annexed regulations.

CoNSTRUCTION AND TESTS OF WATERTIGHT BULK'HEADS

Art. 21. In order to ensure their strength and watertightness, water-
tight bulkheads shall be constructed and tested in accordance with the pro-
visions of article XIV. of the annexed regulations.

OPENINGS IN WATERTIGHT BULKHEADS

Art. 22, The number of openings in watertight bulkheads shall be re-
duced to the minimum compatible with the design and proper working of
the ship: satisfactory means shall be provided for closing these epen-

_ings. Articles XV. and XVII. of the annexed regulations indicate the
conditions governing the number of openings, the character and use of
the means of closing with which these openings shall be provided, and the
tests to which watertight doors shall be subjected.

OPENINGS IN SHIP’s SIDE

Art. 23. Side-scuttles and other openings in the side of the ship and
the inboard openings of discharges through the shell shall be provided
with the means of closing them, and shall be arranged in such manner as
to prevent so far as possible the accidental admission of water into the
ship. Articles XVI. and XVII. of the annexed regulations indicate the con-
ditions under which openings may be made in the ship’s side, the appliances
which shall be provided for closing these openings, and the requirements
as to operating the closing appliances.

CoNstRUCTION AND TESTS OF WATERTIGHT Decks, &c.

Art. 24. In order to ensure their strength and watertightness, water-
tight decks, trunks and ventilators shall be constructed and tested in
accordance with the provisions of article XVIII. of the annexed regula-
tions.

PERIODICAL OPERATION AND INSPECTION OF WATERTIGHT Doors, &c.

Art. 25. The conditions under which inspection of watertight doors, &c.,
and drills for their operation, shall be made periodically during a voyage
are indicated in article XIX. of the annexed regulations.

ENTRIES IN THE OrricraL Loc Book

Art. 26. A record of the closing and opening of watertight doors, &c.,
and of all inspections and drills, shall be entered in the official log book as
required by article XX. of the annexed regulations.

Dovuste Botroms
Art. 27. The conditions under which a double bottom shall be fitted in
196 INTERNATIONAL RELATIONS

ships of different lengths, and in particular the minimum extent of the
double bottom longitudinally and transversely, are indicated in article
XXI, of the annexed regulations.

Going ASTERN AND AUXILIARY STEERING APPARATUS

Art. 28. Ships shall comply, as regards their power of going astern and
the fitting of auxiliary steering apparatus, with the provisions of article
XXII. of the annexed regulations.

INITIAL AND SUBSEQUENT SURVEYS OF SHIPS

Art. 29. The general principles which shall govern the survey of the
ships defined in article 2, whether new ships or existing ships, as regards
hull, main and auxiliary boilers and machinery, and equipments, are stated
in articles XXIV. to XXVI. of the annexed regulations. The government
of edch of the high contracting parties undertakes: a

(1) To draw up detailed regulations in accordance with these general
principles, or to bring its existing regulations into agreement with these
principles:

(2) To communicate these regulations to each of the other contracting
states; and

(3) To secure that these regulations shall be enforced.

The detailed regulations referred to in the preceding paragraph shall be
in all respects such as to secure that, from the point of view of safety of
life, the ship is fit for the service for which it is intended.

QUESTIONS FoR FurTHER StuDY AND AGREEMENT.—EXCHANGE
OF INFORMATION

Art. 30. The high contracting parties undertake to cause the study of
the criterion of service referred to in article 17 to be pressed forward, and
to communicate to each other the results of that study.

The British government is invited to undertake the duty of circulating
this information, and, as soon as definite result is attainable, of endeavor-
ing to secure, through the diplomatic channel, the acceptance by the con-
tracting states of the criterion. Upon its acceptance by each of the con-
tracting states, as from a date and subject to conditions to be agreed upon,
such criterion shall have effect as if it were prescribed in the convention.

The above procedure shall also be applied to the following items:

(1) The fitting of longitudinal watertight bulkheads, double skins and
water tight decks and flats, and the question whether there may be allowed
any increase in the length of transverse watertight compartments in any’
way of which such longitudinal subdivision is fitted, and, if so, to what
extent; :

(2) The method of subdivision for obtaining the highest practicable de-
gree of safety to be applied to ships of shorter lengths than those covered
by article VIII. of the annexed regulations; and

(3) The results of experiments in regard to the proper margin of re-
COMMON PROPERTY OF ALL NATIONS 197

sistance above the pressure which water tight bulkheads are required to
be capable of supporting, as referred to in article XIV. of the annexed
regulations.

The contracting states undertake to exchange information as freely as
possible in regard to the application of the rules of this convention in
matters relating to safety of construction. They shall communicate to
each other the methods or rules which they adopt, information concerning
any new fittings or appliances which they sanction, the decisions which
they make in regard to points of principle not covered by the foregoing
articles and the corresponding portion of the annexed regulations and the
final results of their further studies in matters not definitely determined.

CHAPTER V—RADIOTELEGRAPHY

Art. 31. All merchant ships belonging to any of the contracting states,
whether they are propelled by machinery or by sails and whether they
carry passengers or not shall, when engaged on the voyages specified in
article 2, be fitted with a radiotelegraph installation, if they have on board
fifty or more persons in all.

Advantage may not be taken of the provisions of article 2 and 3 of this
convention to exempt a ship from the requirements of this chapter.

Art. 32. Ships on which the number of persons on board is exceptionally
and temporarily increased up to or beyond fifty as the result of force
majeure, or because the master is under the necessity of increasing the
number of his crew to fill the places of those who are ill, or is obliged to
carry shipwrecked or other persons, are exempt from the above obligation.

Moreover, the governments of each of the contracting states, if they
consider that the route and the conditions of the voyage are such as to
render a radiotelegraph installation unreasonable or unnecessary, may
exempt from the above requirements the following ships:

(1) Ships which in the course of their voyage do not go more than 150
sea miles from the nearest coast:

(2) Ships on which the number of persons on board is exceptionally or
temporarliy increased up to or beyond fifty by the carriage of cargo hands
for a part of the voyage, provided that the said ships are not going from
one continent to another, and that, during that part of their voyage, they
remain within the limits of latitude 30 N. and 30 S.;

(3) Sailing vessels of primitive build, such as dhows, junks, etc., if it is
practically impossible to instal a radiotelegraph apparatus.

Art. 33. Ships which, in accordance with article 31 above, are required to
be fitted with a radiotelegraph installation are divided, for the purpose of
radiotelegraph service, into three classes, in accordance with the classifica-
tion established for ship stations in article XIII. (b) of the regulations
annexed to the radiotelegraph convention, signed in London on the sth
July, 1912, viz:

First Class—Ships having a continuous service.
198 INTERNATIONAL RELATIONS

There shall be placed in the first class ships which are intended to carry
twenty-five or more passengers:

(1) If they have an average speed in service of fifteen knots or more;
(2) If they have average speed in service of more than thirteen knots,
but only subject to the twofold conditions that they have on board two
hundred persons or more (passengers and crew), and that, in the course
of their voyage, they go a distance of more than five hundred sea miles
between any two consecutive ports. Nevertheless these ships may be
placed in the second class on condition that they have a continuous watch.

Second Class—Ships having a service of limited duration,

There shall be placed in the second class all ships which are intended
to carry twenty-five or more passengers, if they are not, for other reasons,
placed in the first class. ,

Ships placed in the second class must, during navigation, maintain a
continuous watch for at least seven hours a day, and a watch of ten
minutes at the beginning of every other hour.

Third Class—Ships which have no fixed period of service.

All ships which are placed neither in the first nor in the second class
shall be placed in the third class.

The owner of a ship placed in the second or in the third class has the
right to require that, if the ship complies with all the requirements for
a superior class, a statement to the effect that it belongs to that superior
class shall be inserted in the safety certificate.

Art. 34. Ships which are required by article 31 above to be fitted with
a radio-telegraph installation shall be required, by the governments of
the countries to which they belong, to maintain a continuous watch during
navigation as soon as the said governments consider that it will be of
service for the purpose of safety of life at sea.

Meanwhile, the high contracting parties undertake to require, from
the date of the ratification of the present convention subject to the de-
lays specified below, a continuous watch on the following ships:

(1) Ships whose average speed in service exceeds 13 knots, which have
on board 200 persons or more, and which, in the course of their voyage,
go a distance of more than 500 sea miles between two consecutive ports
when these ships are placed in the second class.

(2) Ships in the second class, for the whole of the time during which
they are more than 500 sea miles from the nearest coast.

(3) Other ships specified in article 21, when they are engaged in the
trans-Atlantic trade, or when they are engaged in other trades if their
route takes them 1,000 sea miles from the nearest coast.

Ships connected with all kinds of fishing business, including whaling,
which are required to be fitted with a radiotelegraph installation, shall
not be required to maintain a continuous watch.

The continuous watch may be kept by one or more operators, holding
COMMON PROPERTY OF ALL NATIONS 199

certificates in accordance with article X. of the regulations annexed to
the international radiotelegraph convention, 1912, together, if necessary,
with one or more certified watchers. Nevertheless, if an efficient auto-
matic calling apparatus is invented, the continuous watch may be main-
tained by this means by agreement between the governments of the high
contracting parties.

‘By “certified watcher” is meant any person holding a certificate issued
under the authority of the administration concerned. To obtain this cer-
tificate the applicant must prove that he is capable of receiving and un-
derstanding the radiotelegraph distress signal and the safety signal de-
scribed in the regulations annexed hereto.

The high contracting parties undertake to take steps to insure that the
certified watchers observe the secrecy of correspondence.

Art. 35. The radiotelegraph installations required by article 31 above
shall be capable of transmitting clearly perceptible signals from ship to
ship over a range of at least 100 sea miles by day under normal con-
ditions and circumstances.

Every ship which is required, in conformity with the provisions of
article 31 above, to be fitted with a radiotelegraph installation, shall,
whatever be the class in which it is placed, be provided in accordance
with article XI. of the regulations annexed to the International Radio-
telegraph Convention, 1912, with an emergency installation, every part of
which is placed in a position of the greatest possible safety to be de-
termined by the government of the country to which the ship belongs.

In all cases the emergency installation must be placed, in its entirety,
in the upper part of the ship, as high as practically possible.

The emergency installation includes, as provided by article XI. of the
regulations annexed to the International Radiotelegraph Convention, 1912,
an independent source of energy capable of being put into operation
rapidly and of working for at least six hours with a minimum range of
eighty sea miles for ships in the first class and fifty sea miles for ships
in the two other classes,

If the normal installation, which, in accordance with this article, has a
range of at least 100 sea miles, satisfies all the conditions prescribed
above, an emergency installation is not required.

The license provided for in article IX. of the regulations annexed to
the International Radiotelegraph Convention, 1912, may not be issued
unless the installation complies both with the provisions of that conven-
tion, and also with the provisions of this convention.

Art. 36. The matters governed by the International Radiotelegraph
Convention, 1912, and the regulations annexed thereto, and in particular
the radiotelegraph installations on ships, the transmission of messages,
and the certificates of the operators, remain and will continue subject
to the provisions:
200 INTERNATIONAL RELATIONS

(1) Of that convention and the regulations annexed thereto, or of
any other instruments which may in the future be substituted therefor.

(2) Of this convention, in regard to all the points in which it supple-
ments the aforementioned documents.

Art. 37. Every master of a ship, who receives a call for assistance
from a vessel in distress is bound to proceed to the assistance of the
persons in distress.

Every master of a vessel in distress has the right to requisition from
the ships which answer his call for assistance the ship or ships which he
considers best able to render him assistance, but he must exercise this
right only after consultation, so far as may be possible, with the masters
of those ships. Such ships are then bound to comply immediately with
the requisition by proceeding with all speed to the assistance of the
persons in distress.

The masters of the ships which are required to render assistance are
released from this obligation as soon as the master or masters requisi-
tioned have made known that they will comply with the requisition, or
as soon as the master of one of the ships which has reached the scene
of the casualty has made known to them that their assistance is no
longer necessary.

If the master of a ship is unable, or considers it unreasonable or un-
necessary, in the special circumstances of the case, to go to the assistance
of the vessel in distress, he must immediately inform the master of the
vessel in distress accordingly. Moreover he must enter in his log book
the reasons justifying his action.

The above provisions do not prejudice the international convention for
the unification of certain rules with respect to assistance and salvage
at sea, signed at Brussels on the 23rd September, 1910, and, in particular,
the obligation to render assistance laid down in article 11 of that con-
vention. :

Art. 38. The high contracting parties undertake to take all steps nec-
essary for giving effect to the provisions of this chapter with the least
possible delay. Nevertheless, they may allow:

A delay not exceeding one year, from the date of the ratification of
this convention, for the provision and training of operators and for the
installation of the apparatus on ships placed in the first and second classes.

A delay not exceeding two years, from the date of the ratification of
this convention, for the provision and training of the operators and
watchers on the ships in the third class, for the installation of the ap-
paratus on ships of the third class and for the establishment of a con-
tinuous watch on ships placed in the second and third classes.
COMMON PROPERTY OF ALL NATIONS 201

Chapter VI—Life-saving Appliances and Fire Protection
New Suirs anp Existinc SuHips

Art. 39. For the application of the articles contained in this chapter
and of the corresponding part of the regulations annexed hereto the ships
defined in article 2 are divided into new ships and existing ships.

New ships are those of which the keel is laid after the 31st December,
1914.

‘Other ships are considered as existing ships.

FUNDAMENTAL PRINCIPLE

Art. 40. At no moment of its voyage may a ship have on board a total
number of persons greater than that for whom accommodation is pro-
vided in the life-boats and pontoon life-rafts on board.

The number and arrangement of the boats, and (where they are al-
lowed) of pontoon rafts, on a ship depends on the total number of per-
sons which the ship is intended to carry; provided that there shall not
be required on any voyage a total capacity in boats, and (where they are
allowed) pontoon rafts, greater than that necessary to accommodate all
the persons on board.

STANDARD TYPES OF BoaATs—PontToon RAFtTs

Art. 41. All the life-boats allowed for a ship shall comply with the
conditions fixed by this convention and articles XXVII. and XXXII. of
the regulations annexed hereto: the same articles describe the standard
types, which are divided into two classes.

The conditions required for the pontoon rafts are Even in Article
XXXIII. of the same regulations.

StrenctH or Boats

Art. 42. Each boat must be of sufficient strength to enable it to be
safely lowered into the water when loaded with its full complement of
persons and equipment.

ALTERNATIVE Types OF Boats AND RaFTs

Art. 43. Any type of boat may be accepted as equivalent to a boat of
one of the prescribed classes and any type of raft as equivalent to an
approved pontoon raft, if the administrations concerned are satisfied by
suitable trials that it is as effective as the standard types of the class in
question, or as the approved type of pontoon raft, as the case may be.

The government of the high contracting party which accepts a new
type of boat or raft will communicate to the governments of the other
contracting parties particulars of the trials made. It will also inform
them of the class in which a new type of boat has been placed.
204 INTERNATIONAL RELATIONS

EMBARKATION OF THE PASSENGERS IN Boats AND Rarts

Art. 44. Suitable arrangements shall be made for embarking the pas-
sengers in the boats.

In ships which carry rafts there shall be a number of rope ladders
always available for use in embarking the persons on to the rafts.

Capacity oF Boats AND Pontoon Rarfts

Art. 45. The number of persons that a boat of one of the standard
types or an approved pontoon raft can accommodate is determined by
the methods indicated in articles XXXIV. and XXXIX., inclusive of the
regulations annexed hereto.

EQuiPMENT oF Boats AND Pontoon RarFts
Art. 46. Article XL. of the annexed regulations prescribes the equip-
ment for boats and pontoon rafts. All loose equipment must be securely
attached to the boat or pontoon raft to which it belongs.

StowaceE oF Boats—Numeser or Davits

Art. 47. The arrangements to be made for the stowage of boats and
in particular the extent to which pontoon rafts may be accepted are speci-
fied in articles XLI., XLII., and XLIII. of the annexed regulations.

The minimum number of sets of davits is fixed in relation to the length
of the ship: provided that a number of sets of davits greater than the
number of boats necessary for the accommodation of all the persons on
board may not be required.

HANDLING OF THE Boats AND RartTs

Art. 48. All the boats and rafts must be stowed in such a way that
they can be launched in the shortest possible time and that, even under
unfavorable conditions of list and trim from the point of view of the
handling of the boats and rafts, it may be possible to embark in them as
large a number of persons as possible.

The arrangements must be such that it may be possible to launch on
either side of the ship as large a number of boats and rafts as possible.

Supplementary instructions are given in article LIV. of the annexed
regulations.

STRENGTH AND OPERATION OF THE Davits

Art. 49. The davits shall be of such strength that the boats can be
lowered with their full complement of persons and equipment, the ship
being assumed to have a list of 15 degrees.

The davits must be fitted with a gear of sufficient power to ensure
that the boat can be turned out against the maximum list under which
the lowering of the boat is possible on the vessel in question.

OTHER APPLIANCES EQUIVALENT To Davits
Art. 50. Any appliance may be accepted in lieu of davits or sets of
COMMON PROPERTY OF ALL NATIONS 203

davits if the administration concerned is satisfied, after proper trials,
that the appliance in question is as effective as davits for placing the
boats in the water.

The government of the high contracting party which accepts a new
type of appliance shall communicate to the other contracting parties
particulars of the appliance with details of the trials made.

Lire-JACKETS AND LiFE-BUOYS

Art. 51. (1) A life-jacket of an appropriate type, or other appliance
of equal buoyancy and capable of being fitted on the body, shall be car-
ried for every person on board, and in addition, a sufficient number of
life-jackets, or other equivalent appliances, suitable for children.

(2) Article XLV. of the annexed regulations fixes in accordance with
the length of the ship the number of life-buoys of an approved type to
be carried, and also the conditions with which life-jackets and life-buoys
must comply, and in accordance with which they must be stowed.

ExistiInc SHIPS

Art. 52. The government of each of the high contracting parties un-
dertakes to apply to existing ships, as soon as possible and not later
than the ist July, 1915, all the provisions of the preceding articles of
the present chapter, namely, articles 40 to 51 inclusive, requiring in the
first place accommodation for all the persons on board in boats and rafts:
provided that, in cases where the strict application of these principles
would not be practicable or reasonable, the government of each of the
high contracting parties has the right to allow the exemptions specified in
article XLVI. of the regulations annexed hereto.

Means or INcrEss AND Ecress. EMERGENCY LIGHTING

Art. 53. (1) Proper arrangements shall be made for ingress and
egress from the different compartments, decks, &c.

(2) Provision shall be made for an electric or other system of light-
ing, sufficient for all requirements of safety, in the different parts of
both new and existing ships, and particularly upon the decks on which
the life-boats are stowed. On new ships there must be a self-contained
source capable of supplying, when necessary, this safety lighting system,
and placed in the upper parts of the ship, as high as practically possible.

(3) The exit from every compartment must always be lighted by an
emergency lamp, which shall be kept locked, and which shall be inde-
pendent of the ordinary lighting of the ship. These emergency lamps
must be supplied from the independent installation referred to in the
preceding paragraph, if an independent circuit is employed for this pur-
pose and if this installation works concurrently with the ordinary light-
ing of the ship.
204 INTERNATIONAL RELATIONS

CERTIFIED LIFEBOATMEN—-MANNING THE Boats

Art. 54. There must be, for each boat or raft required, a minimum
number of certified lifeboatmen. The minimum total number of certified
lifeboatmen is determined by the provisions of article XLVII. of the
annexed regulations.

The allocation of the certified lifeboatmen to each boat and raft re-
mains within the discretion of the master, according to the circumstances.

By “certified lifeboatmen” is meant any member of the crew who holds
a certificate of efficiency issued under the authority of the administra-
tion concerned, in accordance with the conditions laid down in the afore-
mentioned article of the annexed regulations.

Article XLVIII. of the regulations deals with the manning of the boats.

Fire Protection

Art. 55. (1) The carriage, either as cargo or ballast, of goods which
by reason of their nature, quantity, or mode of stowage, are, either singly
or collectively, likely to endanger the lives of the passengers or the safety
of the ship, is forbidden.

This provision does not apply to the ship’s distress signals, nor to the
carriage of military or naval stores for the public service of the state
under authorized conditions.

(2) The government of each high contracting party shall, from time
to time by official notice, determine what goods are to be considered
dangerous goods, and shall indicate the precautions which must be taken
in the packing and stowage thereof.

(3) Article XLIX. of the annexed regulations indicates the arrange-
ment to be made for the detection and extinction of fire.

Muster Rotts anp Dritts

Art. 56. Special duties for the event of an emergency shall be allotted
to each member of the crew. ;

The muster list shall show all these special duties, and shall indicate,
in particular, the station to which each man must go, and the duties that
he has to perform.

Before the vessel sails, the muster list shall be drawn up and exhibited,
and the proper authority shall be satisfied that the muster list has been
prepared for the ship. It shall be posted in several parts of the ship,
and in particular in the crew’s quarters.

Articles L. and LI. of the annexed regulations indicates the conditions
under which musters of the crew and drills shall take place.

Cuaprer VII—Sarety CERTIFICATES

Art. 57. A certificate, called a “safety certificate,” shall be issued,
after inspection and survey, to every ship which complies in an efficient
manner with the requirements of the convention.
COMMON PROPERTY OF ALL NATIONS 205

The inspection and survey of ships, so far as regards the enforcement
of the provisions of this convention and the annexed regulations, shall be
carried out by officers of the state to which the ship belongs; provided
always that the government of each state may entrust the inspection and
survey of ships of its own country either to surveyors nominated by it
for this purpose or to organizations recognized by it. In every case the
government concerned fully guarantees the completeness and efficiency
of the inspection and survey.

The safety certificate shall be issued either by the officers of the state to
which the ship belongs, or by any other person duly authorized by that
state. In either case the state to which the ship belongs assumes full
responsibility for the certificate.

Art. 58. The safety certificate shall be drawn up in the official lan-
guage or languages of the state by which it is issued.

The form of the certificate shall be that of the model given in article
LII. of the regulations annexed hereto. The arrangement of the printed
part of this standard certificate shall be exactly reproduced, and the
particulars inserted by hand shall be inserted in Roman characters and
Arabic figures.

The high contracting parties undertake to communicate one to another
a sufficient number of specimens of their safety certificates for the in-
formation of their officers, This exchange shall be made so far as pos-
sible, before the rst April, 1915.

Art. 59. The safety certificate shall not be issued for a period of
more than twelve months.

If the ship is not in a port of the state to which it belongs at the time
when the period of the validity of the safety certificate expires a duly
authorized officer of this state may extend this period; but such an ex-
tension shall be granted only for the purpose of allowing the ship to com-
plete its return voyage to its own country, and then only in cases in
which it appears proper and reasonable to do so.

The extension cannot have effect for more than five months and the
ship shall not thereby be entitled to leave its own country again without
having obtained a new certificate.

Art. 60. The safety certificate issued under the authority of a con-
tracting state shall be accepted by the governments of the other contract-
ing states for all purposes covered by this convention. It shall be re-
garded by the governments of the other contracting states as having the
same force as the certificates issued by them to their ships.

Art. 61. Every ship holding a safety certificate issued by the officers
of the contracting state to which it belongs, or by persons duly author-
ized by that state, is subject in the ports of the other contracting states
to control by officers duly authorized by their governments in so far as
’ this control is directed towards verifying that there is on board a valid
206 INTERNATIONAL RELATIONS

safety certificate, and, if necessary, that the conditions of the vessel’s sea-
worthiness correspond substantially with the particulars of that certifi-
cate; that is to say, so that the ship can proceed to sea without danger
to the passengers and crew.

Art. 62. The privileges of the convention may not be claimed in favor
of any ship unless it holds a proper valid safety certificate.

Art. 63. If, in the course of a particular voyage, the ship has on board
a number of passengers less than the maximum number indicated in
the safety certificate, and is, in consequence, in accordance with the
provisions of this convention free to carry a smaller number of life-boats
and other life-saving appliances than that stated in the aforementioned
certificate, a memorandum may be issued by the officers or other author-
ized persons referred to in articles 57 (paragraph 3) and 59 above.

This memorandum shall state that in the circumstances there is no in-
fringement of the provisions of the convention. It shall be annexed to
the safety certificate and shall be substituted for it in so far as the life-
saving appliances are concerned. It shall be valid only for the particular
voyage in regard to which it is issued.

Carter VII—GENERAL

Art. 64, The governments of the high contracting parties undertake
to communicate mutually, in addition to the documents which, in this
convention, are the subject of special provisions to that effect, all infor-
mation which they possess affecting safety of life on those of their ships
which are subject to the rules of this convention, provided always that
such information is not of a confidential nature.

They will communicate to each other in particular:

(1) The text of laws, decrees and regulations which shall have been
promulgated on the various matters within the scope of the convention;

(2) The description of the characteristics of new appliances approved
in administering the rules of the convention;

(3) All official reports, or official summaries of reports, in so far as
they show the results of the provisions of this convention.

Until other arrangements may be made, the British government is in-
vited to serve as intermediary for collecting all this information and for
bringing it to the knowledge of the governments of the contracting parties.

Art. 65. The high contracting parties undertake to take, or to pro-
pose to their respective legislatures, the measures necessary for the re-
pression of infractions of the requirements imposed by this convention,

The high contracting parties will communicate mutually, as soon as
possible, the laws and regulations which are issued for this purpose.

Art. 66. The high contracting parties which intend the convention to
apply to the whole of their colonies, possessions and protectorates, or to
one or to some of these countries, shall declare their intention either at
COMMON PROPERTY OF ALL NATIONS 207

the time of signing these presents or subsequently. To this effect they
shall be able either to make a general declaration embracing the whole
of their colonies, possessions and protectorates, or to enumerate by name
the countries or alternatively, to enumerate by name those which they
intend to be excepted.

This declaration, unless it be made at the time of signing this con-
vention, shall be made in writing to the government of Great Britain, and
communicated by the latter government to all the governments of the
other states parties to the convention.

The high contracting parties may also in the same way, provided that
they comply with the provisions of article 69 hereafter, denounce this
convention as regards their colonies, possessions and protectorates, or
one or some of those countries.

Art. 67. The states which are not parties to this convention shall be
allowed to accede thereto at their request. Their accession shall be noti-
fied through the diplomatic channel to the Government of Great Britain,
and by the latter to the governments of the other states parties to the
convention.

This acceptance will carry the full acceptance of all the obligations
imposed by this convention and the full right to all the privileges specified
therein. It will have full and complete effect two months after the date
on which notification of the accession is sent by the government of Great
Britain to the other governments of the states which are parties to the
convention, unless a later date had been proposed by the acceding state.

The governments of the states which accede to the present convention
shall annex to their declaration of accession the schedule provided for
by article 3 of this convention. This schedule shall be added to those
already deposited by the other governments. The British government
shall transmit a copy thereof to the other governments.

Art, 68, The treaties, conventions and arrangements concluded prior to
to this convention shall continue to have full and complete effect, as
regards:

(1) Ships excepted from the convention;

(2) ‘Ships to which it applies, in respect of subjects for which the
convention has not expressly provided.

It is understood that, the subject of this convention being safety of
life at sea, questions relating to the health and well-being of passengers,
and in particular of immigrants, as well as other matters relative to their
transport, continue subject to the legislation of the different states.

Art. 69. This convention shall come into force on the 1st July, 1915,
and shall remain in force without any prescribed limit of time. Never-
theless, each high contracting party may denounce the convention at any
time after an interval of five years from the date on which the conven-
tion comes into force in that state.
208 INTERNATIONAL RELATIONS

This denunciation shall be notified through the diplomatic channel to
the government of Great Britain and by the latter to the governments
of the other contracting parties. It shall take effect twelve months after
the day on which the notification is received by the government of Great
Britain.

A denunciation shall only affect the state which makes it, the conven-
tion remaining fully and completely operative as regards all the other
states which have ratified it, or which have acceded thereto or which
thereafter accede thereto.

Art. 70. This convention with the regulations annexed thereto shall
be drawn up in a single copy which shall be deposited in the archives of
the government of Great Britain. A true and certified copy shall be de-
livered by the latter to each of the governments of the high contracting
parties.

Art. 71. This convention shall be ratified and the instruments of rati-
fication, accompanied by the schedules specified in article 3, shall be de-
posited at London not later than the 31st December, 1914. The British
government shall give notice of the ratifications and shall furnish a copy
of each schedule to the governments of the other contracting parties.

Notwithstanding a failure to ratify on the part of a high contracting
party, the convention shall continue to have full and complete effect
as regards the contracting parties which ratify it.

Art. 72. To render ratification easier for a contracting state which,
prior to the date of signature of this convention, has laid down require-
ments in regard to any matter within the scope of this convention, it is
agreed that no ship which has complied with those requirements before
the ist July, 1915, may avail itself of the periods of grace allowed by the
convention in order to cease to comply with those requirements.

Art. 73. Where this convention provides that a measure may be taken
after agreement between all or some of the contracting states, the Gov-
ernment of His Britannic Majesty is invited to approach the said states
with a view to ascertaining whether they accept the proposals made by
one of these states for effecting such a measure. The Government of
His Britannic Majesty will make known to the contracting states the
result of the enquiries which it thus makes.

A state from which observations on the proposals in question do not
reach His Britannic Majesty’s Government within six months from the
communication of these proposals will be presumed to acquiesce therein.

Art. 74. This convention may be modified at subsequent conferences,
of which the first shall be held, if necessary, in 1920. The place and
time of these conferences shall be fixed by common consent by the gov-
ernments of the high contracting parties.

The governments may, through the diplomatic channel, introduce into
this convention, by common consent and at any time, improvements which
may be judged useful or necessary.
COMMON PROPERTY OF ALL NATIONS 209

In witness whereof the plenipotentiaries have signed hereafter.
Done at London, 2oth January, 1914.10

The regulations annexed to the foregoing convention are
very full and technical, occupying 37 pages of the English
statute book.** The statute to which the convention and
regulations are appended as schedules covers fourteen pages
and gives authority to the Board of Trade to make further
rules to carry out the provisions of the convention on the part
of Great Britain.” The provisions of the statute relating to
manning, construction and equipment of passenger steamers are
made to also apply to foreign ships and British ships not regis-
tered in the United Kingdom, which come into or proceed to
sea from a port in the United Kingdom, in the same manner
as if the ship were registered. The provisions of the act and
the rules made thereunder are made to apply to all British
possessions other than India, Canada, Australia, New Zealand,
South Africa, and Newfoundland.” Provision is also made
for orders in council concerning the application and enforce-
ment of the act in the British possessions.

Notwithstanding the great work done by the governments
which have participated in the formulation of these conven-
tions, rules and regulations, the need of a representative body,
empowered to speak for all the nations and to decide questions
as to which there is disagreement is very apparent. The
rapidity with which new inventions have revolutionized the
means of intercommunication and the probability of further
changes in conditions affecting navigation render it necessary
to revise, amend and repeal the laws of the sea from time to
time. It is manifestly of prime importance that all rules re-
lating to signals and calls should be uniform and uniformly
enforced. At present each state is free to adopt or refuse the
regulations proposed by others, no matter how useful or neces-
sary they may be. Each party to a convention may denounce

10 Chitty’s Statutes, 4 & 5 Geo. 5, c. 50, pp. 363 to 370.

11 Chitty’s Statutes, 18, 361 to 416.

121d. 346 to 361.

18 Id. 350, 416.
210 INTERNATIONAL RELATIONS

it and be released from its obligations. If there is disagree-
ment as to the meaning of any provision of a convention there
is no tribunal to decide the question. Though the commer-
cial nations are keenly alive to the necessity for laws of the sea
and in fact enforce so many important regulations, they can-
not fill the need by separate action. When their ships meet in
mid-ocean each sails in accordance with the laws of its own
country. Unless these laws correspond there is no law of
safety for them, for diversity in signals would result in mis-
understandings and disaster.

The foregoing conventions and regulations do not meet all
the requirements of commerce for safety on the sea. While
charts of the coasts of the leading nations have been made
and while lights and buoys mark some of the dangers and
indicate some of the safe routes to be followed, there are
numberless rocks, reefs, and dangers in remote and un-
frequented places that are not disclosed by charts nor indicated
by any warning sign. There are numberless dangerous ob-
stacles that might be removed and places needing lights and
other warnings of danger. To meet the needs of all the com-
bined aid of all is required. The Suez and Panama canals
illustrate the advantages to be gained by removal of obstacles
to navigation interposed by nature. No limit can be placed to
the possible achievements of a combination of all the nations
for the improvement of the ocean routes with incidental re-
moval of obstacles interposed by land.

ENTRY IN THE Port oF DESTINATION.

Having entered the territorial waters of the country to
which the ship sailed, the ship still carries with it the law of
its own country so far as it, the crew, and cargo are concerned,
but it also becomes subject to the laws of the nation having
jurisdiction over these waters. It must conform to all quaran-
tine regulations designed to guard against disease, to all port
regulations designed for safety, and to all the laws and regula-
tions relating to the discharge of its passengers and cargo.
The master of a vessel of the United States on arrival at a
COMMON PROPERTY OF ALL NATIONS 211

foreign port is required to deposit his register, sea-letter and
Mediterranean passport with the American consul of the port,
to remain in his custody until the master produces to him a
clearance from the proper officer of the port.’* To obtain this
clearance he must comply with the laws and regulations of the
country the port is in. A vessel arriving in a port of the
United States must produce to the collector of the port the
register, clearance and other papers granted to the foreign
vessel at her departure from the port from which she has ar-
rived, and the master must within forty-eight hours after such
entry deposit these papers with the consul of the nation to
which the ship belongs and deliver to the collector the cer-
tificate of the consul that the papers have been so deposited.*®
Having complied with all quarantine and other port regula-
tions, before the cargo of the ship can be unloaded the owner, '
consignee, or his agent must within fifteen days after the re-
port of the master to the collector of the district, make entry
thereof, specifying the name of the vessel and of her master,
the port or place from which the merchandise was imported,
the marks, numbers, denominations, and prime cost, including
charges of each particular package or parcel whereof the entry
shall consist, or, if in bulk, the quantity, quality, and prime
cost, and must also produce the original invoices of the mer-
chandise with the bills of lading for the same.** No merchan-
dise shall be brought into the United States, from any foreign
port, in any vessel unless the master has on board manifests in
writing of the cargo, signed by such master.”*" The regula-
tions relating to invoices, manifests, bills of lading, change of
destination and other matters concerning owners, consignees,
and their agents are very full and occupy many pages of the
statutes. Having complied with all these requirements and
paid or secured the payment of the duties on the merchandise,
the collector may grant a permit to deliver the merchandise.**

14,Compiled Statutes of the United States, 1918, § 8055.

15 Td. § 7800.

16 Compiled Statutes of the United States, 1918, § 5481.

17 Revised Statutes of the United States, § 2806.

18 Compiled Statutes of the United States, 1918, § 5557.
212 INTERNATIONAL RELATIONS

Provisions are made for storage of goods in government ware-
houses and for transportation of merchandise in bond to in-
terior ports. The government of the United States has, from
the earliest times, collected a very large part of its revenue
from duties on imports, and the title in the Compiled Statutes
of “Collection of Duties upon Imports” fills 72 large, closely
printed pages.”

Since the repeal of the corn laws in 1846 Great Britain has
been the most liberal in the admission of foreign merchandise
without the payment of duties of all the countries in the world,
and has also been the leading commercial nation. Most of
the other great nations derive a considerable part of their re-
venues from duties on imports, and each has its own system
of collecting them. There is great diversity in the theories
under which these taxes on imports are levied in the different
countries ranging all the way from a small revenue tariff to
prohibitive protection of domestic competitors. Each nation
is recognized as having full right to impose either import or
export duties on merchandise as it sees fit, even though the
result is to exclude foreign goods from its markets or pre-
vent foreign countries from buying its products. The gen-
eral claim of nations in this regard is that they be treated as
well as any other nation, and a common provision to this effect,
termed the favored nation clause, is usually inserted in com-
mercial treaties.

On the arrival in a port of the United States of a vessel from
a foreign port the master is prohibited from allowing any per-
son except a pilot, officer of the customs, health officer, agent
of the vessel or consul to come on board or leave the vessel.
until it has been taken in charge by an officer of the customs,
nor afterwards without leave of such officer until all
the passengers with their baggage have been duly landed.”
The master must submit to the officer of customs who first
makes demand therefor for inspection, and shall subsequently
deliver with his manifest of the cargo on entry, a correct list,

19 Td. pp. 847 to 919.
20 Compiled Statutes of the United States, 1918, § 8006.
COMMON PROPERTY OF ALL NATIONS 213

signed and verified on oath by the master, of all passengers
taken on board the vessel at any foreign port or place, giving
the name, age, sex, and other detailed information in the man-
ner prescribed by the Secretary of Commerce and Labor.”
The admission of immigrants is regulated in much detail by
statute, with the general purpose of excluding persons deemed
undesirable, without restricting the immigration of Eu-
ropeans who are sound mentally, physically and morally.”
When admitted into the United States, the immigrant may
come and go within its boundaries when and where he will
as freely as a citizen. Each nation has its own laws and regu-
lations concerning the admission of foreigners and the con-
ditions on which they may travel from place to place within the
country. <A traveler from one country to another is generally
required to carry a passport issued by authority of his govern-
ment. The Secretary of State of the United States issues
the passports to citizens and others going abroad from this
country, and the diplomatic representatives, and in their ab-
sence the consular officers of the United States in foreign
countries, may issue passports in the countries to which they
are accredited.”

In their practical operation those provisions of the con-
stitution of the United States which give the citizens of each
state “all privileges and immunities of citizens of the several
states’ and secure freedom of commerce between the states
have proved to be of the greatest value. Many obstacles of
race prejudice, inherited animosity, and national greed and
narrowness of view must be overcome before similar freedom
can be accorded to the people of each of the nations of the
earth with reference to every other nation. The sea can never
be wholly free without freedom of access to the adjacent lands.

The right to freely navigate the open sea is of little value
without free passage to and from the sea over intervening
water-ways. Very many claims have been made to dominion
over rivers and more or less definitely inclosed bodies of water.

211d. § 8oro.

221d, Title XXIX.
281d. § 7623.
214 INTERNATIONAL RELATIONS

Access to the Baltic Sea was for a long time denied by Den-
mark except on terms of payment of dues. These were finally
done away with by treaty.* Turkey has long held both shores
of the Dardanelles and Bosphorus, thereby controlling the en-
trance to the Black Sea. Though open to commerce in times
of peace the passage has been closed during the great war.
Many great rivers, the Rhine, the Danube, the St. Lawrence,
the Mississippi, the La Plata and the Amazon, and others of
less size but equal importance to the nations concerned, have
been subjected to claims of the riparian proprietors of the
lower reaches of them to exclusive right of navigation within
their territorial limits. With few if any exceptions these
rivers have, by international agreements, been opened to navi-
gation by all the nations whose territories they touch, subject
to regulations and moderate dues imposed by the governments
having jurisdiction over them.”

The Suez canal, connecting the Mediterranean and Red
seas, and thus affording a short route from Europe to Asia,
and the Panama canal connecting the Atlantic and Pacific
oceans stand on a somewhat different footing from natural
water-ways. They were constructed on land which was ap-
propriated as the exclusive property of, and at the expense of,
the proprietors. Under no accepted theory of international or
private law can it be claimed that they are the common prop-
erty of all nations, yet all nations need the facilities they afford
for the accommodation of their shipping. When all the na-
tions combine for mutual welfare the doctrine of eminent
dominion may, perhaps be invoked to make these artificial
channels free to all, on payment of their fair value to the
owners.

PIRACY
Until very recent times the dangers to merchant ships from
Ppiratical attacks were at some times and in some seas very con-
siderable. Piracy is defined as acts of robbery and depreda-
tion upon the high seas which, if committed on land, would

24 Taylor Int. Law, 280.
251d. 282 to 288.
COMMON PROPERTY OF ALL NATIONS 215

have amounted to felony there,”* and a pirate as one who roves
the sea in an armed vessel, without commission from any
sovereign state, on his own authority, and for the purpose of
seizing by force, and appropriating to himself, without dis-
crimination, every vessel he may meet.?” Various acts not fall-
ing strictly within these definitions -have been declared piracy
by statutes in Great Britain and the United States and in other
countries. The essential difference between the hostile acts
committed by pirates and by privateers and war ships is that
the former act without governmental authority, on their own
personal initiative, while the latter act under the authority of
a recognized government. The pirate is regarded as the enemy
of all mankind, and, as he has no right to display the flag of
any nation, he is without protection from any government and
subject to the authority of any nation that can capture or de-
stroy him. His character being established there is no basis
for international complications in dealing with him. Pirates
have at times had something approaching a national organi-
zation. The earliest appearances of the Norsemen from the
Scandinavian peninsula in the more southern states of Europe
was as pirates, pillaging all with whom they came in contact.
Their kinsmen, the Danes, were so classed when they made
their first inroads into England. The Algerines preyed on the
commerce of the Mediterranean indiscriminately during the
early part of the nineteenth century, under the direction of
the Dey. The land bases from which pirates conduct their
operations are necessarily located in places not subject to effi-
cient government. From very early times in the history of
America the West India islands and the coasts of the Carri-
bean Sea and Gulf of Mexico were favorite resorts for pirates,
some of whom were very successful in preying on the com-
merce passing through the Sea, Gulf and neighboring part of
the Atlantic. This condition continued down to the time of thé
administration of President Monroe, with occasional instances
since that time. In his message to Congress December 7, 1824,
he said—“The force employed in the Gulf of Mexico and in

26 Blackstone’s Commentaries, 4, 72.
27 Anderson’s Law Dic.
216 INTERNATIONAL RELATIONS

the neighboring seas for the suppression of piracy has likewise
been preserved essentially in the state in which it was during
the last year. A persevering effort has been made for the ac-
complishment of that object and much protection has thereby
been afforded to our commerce, but still the practice is far
from being suppressed. From every point of view which has
been taken of the subject it is thought that it will be necessary
rather to augment than to diminish our force in that quarter.
There is reason to believe that the piracies now complained of
are committed by bands of robbers who inhabit the land, and
who, by preserving good intelligence with the towns and seeing
favorable opportunities, rush forth and fall on unprotected
merchant vessels of which they make an easy prey. The pil-
lage thus taken they carry to their lurking places and dispose
of afterwards at prices tending to seduce the neighboring
population. The combination is understood to be of great
extent, and is the more to be deprecated because the crime of
piracy is often attended with the murder of the crews, these
robbers knowing if any survived their lurking places would
be exposed and they be caught and punished. That this atro-
cious practice should be carried to such an extent is cause of
equal surprise and regret. It is presumed that it must be at-
tributed to the relaxed and feeble state of the local govern-
ments since it is not doubted, from the high character of the
governor of Cuba, who is well known and much respected here,
that if he had the power he would promptly suppress it.
Whether those robbers should be pursued on land, the local
authorities be made responsible for these atrocities, or any
other measures be resorted to to suppress them is submitted to
the consideration of Congress.””* In a special message to
Congress on the same subject on January 13, 1825, President
Monroe asked authority to pursue offenders to the settled part
of the island, make reprisal on the inhabitants or blockade
the ports, as might be found necessary.*® The next year Presi-
dent Adams, in his annual message of December 3, 1826,
says—-“‘The piracies with which the West India seas were for

28 Messages and Papers of the Presidents, II. 826.
291d. 846.
COMMON PROPERTY OF ALL NATIONS 217

several years infested have been totally suppressed, but in the
Mediterranean they have increased in a manner afflictive to
other nations, and but for the continued presence of our squad-
ron would probably have been distressing to our own.”®° Un-
der Jackson a nest of pirates in Sumatra who had attacked
American ships was destroyed,** In recent years there have
been no reports of piracies, but the great war has witnessed a
destruction of merchant ships by submarines which renders all
the robberies and depredations wrought by all the pirates that
ever operated within historic times quite insignificant in com-
parison with it. This destruction has not been merely inci-
dental to robbery, but has been wanton for the avowed pur-
pose of destroying food and other supplies destined to or from
the ports of the enemy. The essential quality of the acts of
belligerents in preying on the commerce of the enemy and of
pirates preying on whomsoever they can overcome are so simi-
lar in moral aspects as to be hard to differentiate. The Cen-
tral Powers in the closing year of the war preyed on the com-
merce of all the other nations of the world, and during the
course of the war destroyed more seagoing shipping than was
in existence during the administration of President Monroe.
The statutes of the United States relating to piracy™ are still
in force but of very infrequent application.

It is pleasant to pass from a consideration of the crimes and
malice of pirates and belligerents to still another convention
designed to promote the welfare of those who sail the seas
and preserve the property subjected to the perils of the ocean.
The following convention requires navigators of all nations to
be mutually helpful, and for the payment of fair compensation
to those rendering assistance in saving property.

CoNVENTION FOR THE UNIFICATION oF CERTAIN RuLEs WiTH RESPECT TO
ASSISTANCE AND SALVAGE AT SEA

Article 1. Assistance and salvage of seagoing vessels in danger of any

thing on board, of freight and passage money, and also services of the

30 Td. 929
311d. 1159.
32 Revised Statutes §§ 4293 to 4299.
218 INTERNATIONAL RELATIONS

same nature rendered to each other by seagoing vessels and vessels of
inland navigation are subject to the following provisions, without any
distinction being drawn between the two kinds of service and in what-
ever waters the services have been rendered.

Art. 2, Every act of assistance or salvage which has had a useful re-
sult gives a right to equitable remuneration.

No remuneration is due if the services rendered have no beneficial
result,

In no case shall the sum to be paid exceed the value of the property
salved.

Art. 3. Persons who have taken part in salvage operations, notwith-
standing the express and reasonable prohibition on the part of the ves-
sel to which services were rendered, have no right to any remuneration.

Art. 4. A tug has no right to remuneration for assistance to or salv-
age of the vessel she is towing or of the vessel’s cargo except where
she has rendered exceptional services which can not be considered as
rendered in fulfilment of the contract of towage.

Art. 5. Remuneration is due notwithstanding that the salvage services
have been rendered by or to vessels belonging to the same owner.

Art. 6. The amount of remuneration is fixed by agreement between
the parties, and, failing agreement, by the court.

‘The proportion in which the remuneration is to be distributed among
the salvors is fixed in the same manner.

The apportionment of the remuneration among the owner, master, and
other persons in the services of each salving vessel is determined by the
law of the vessel’s flag.

Art. 7. Every agreement as to assistance or salvage entered into at
the moment and under the influence of danger can, at the request of
either party, be annulled or modified by the court if it considers that the
conditions agreed upon are not equitable.

In all cases, when it is proved that the consent of one of the parties is
vitiated by fraud or concealment, or when the remuneration is, in pro-
portion to the services rendered, in an excessive degree too large or too
small, the agreement may be annulled or modified by the court at the
request of the party affected.

Art. 8 The remuneration is fixed by the court, according to the cir-
cumstances of each case, on the basis of the following considerations:
(a) First, the measure of success obtained, the efforts and the deserts of
the salvors, the danger run by the salved vessel, by her passengers, crew,
and cargo, by the salvors and by the salving vessel, the time expended,
the expenses incurred and losses suffered, and the risk of liability and
other risks run by the salvors, and also the value of the property ex-
posed to such risks, due regard being had, the case arising, to the special
adaptation of the salvor’s vessel; (b) second, the value of the property
salved.
COMMON PROPERTY OF ALL NATIONS 219

The same provisions apply to the apportionment provided for by the
second paragraph of article 6.

The court may reduce or deny remuneration if it appears that the
salvors have by their fault rendered the salvage or assistance necessary,
or have been guilty of theft, receiving stolen goods, or other acts of fraud.

Art. 9. No remuneration is due from the persons whose lives are
saved, but nothing in this article shall affect the provisions of the na-
tional laws on this subject.

Salvors of human life who have taken part in the services rendered
on the occasion of the accident, giving rise to salvage or assistance, are
entitled to a fair share of the remuneration awarded to the salvors of
the vessel, her cargo, and accessories.

Art. 10. A salvage action is barred after an interval of two years from
the day on which the operations of assistance or salvage are terminated.

The grounds upon which the said period of limitation may be suspended
or interrupted are determined by the law of the court where the case is
tried.

The High Contracting Parties reserve to themselves the right to pro-
vide by legislation in their respective countries that the said periods shall
be extended in cases where it has not been possible to arrest the vessel
assisted or salved in the territorial waters of the State in which the
plaintiff has his domicile or principal place of business.

Art. 11. Every master is bound, so far as he can do so without serious
danger to his vessel, her crew and passengers, to render assistance to
everybody, even though an enemy, found at sea in danger of being lost.

The owner of the vessel incurs no liability by reason of the contraven-
tion of the foregoing provisions.

Art. 12, The High Contracting Parties whose legislation does not for-
bid infringements of the preceding article bind themselves to take or
propose to their respective legislatures the measures necessary for the
prevention of such infringements. ’

The high Contracting Parties will communicate to one another, as soon
as possible, the laws or regulations which have already been or may be
hereinafter promulgated in their States for the purpose of giving effect
to the above undertakings.

Art. 13. The convention does not affect the provisions of national laws
or international treaties as regards the organization of services of as-
sistance and salvage by or under the control of public authorities, nor,
in particular, does it affect such laws or treaties on the subject of salvage
of fishing gear.

Art. 14. This convention does not apply to ships qf war or to Gov-:
ernment ships appropriated exclusively to a public service.

Arty 15. The provisions of this convention shall be applied as regards
all persons interested when either the assisting or salving vessel or the
220 INTERNATIONAL RELATIONS

vessel assisted or salved belongs to one of the contracting States, and in
any other cases for which the national laws provide.

Provided always that:

1. As regards persons interested who belong to a noncontracting State
the application of said provisions may be made subject by each of the
contracting States to the condition of reciprocity.

2. Where all the persons interested belong to the same state as the
court trying the case, the provisions of the national law and not of the
convention are applicable.

3. Without prejudice to any wider provisions of any national laws,
article 11 only applies as between vessels belonging to the States of the
High Contracting Parties.

Art. 16. Any one of the High Contracting Parties shall have the right
three years after this convention comes into force to call for a fresh
conference with a view to seeking such ameliorations as may be brought
therein, and particularly with a view to extending, if possible, the sphere
of its application.

Any power exercising this right must notify its intention to the other
powers, through the Belgian Government, which will see to the conven-
ing of the conference within six months.

Art. 17. States which have not signed the convention are allowed to
adhere to it on request. Such adhesion shall be notified through the diplo-
matic channel to the Belgian Government and by the latter to each of the
other Governments. It shall become effective one month after the send-
ing of the notification by the Belgian Government.

Art. 18, The convention shall be ratified.

After an interval of at most one year from the day on which the con-
vention is signed, the Belgian Government shall place itself in communi-
cation with the Governments of the High Contracting Parties which have
declared themselves prepared to ratify the convention with a view to
deciding whether it is expedient to put it in force.

The ratifications shall, if so decided, be deposited forthwith at Brus-
sels, and the convention shall come into force a month afterwards.

The protocol shall remain open another year in favor of the States
represented at the Brussels Conference. After this interval they can
only adhere to it on conforming to the provisions of Article 17.

Art. 19. In the case of one or other of the High Contracting Parties
denouncing this convention, such denunciation shall not take effect until
a year after the day on which it has been notified to the Belgian Gov-
ernment, and the convention shall remain in force as between the other
Contracting Parties.

In witness whereof the plenipotentiaries of the respective High Con--
COMMON PROPERTY OF ALL NATIONS 221

tracting Parties have signed this convention and have affixed their seals
thereto.

Done at Brussels, in a single copy, the 23rd September, 19J0.
(Signatures ) 30

Some of the provisions of this convention have been en-
acted into statutory law by the Congress of the United States
and its provisions in other particulars accord with the laws
of the United States.** By the Act of April 14, 1792, con-
suls and vice-consuls were charged with duties concerning
stranded vessels as follows:

“Consuls and vice-consuls, in cases where vessels of the United States
are stranded on the coasts of their consulates respectively, shall, as far
as the laws of the country will permit, take proper measures, as well
for the purpose of saving the vessels, their cargoes and appurtenances, as
for storing and securing the effects and merchandise saved, and for tak-
ing invoices thereof: and the merchandise and effects saved, with the in-
ventories thereof so taken, shall, after deducting therefrom the expenses,
be delivered to the owners. No consul or vice-consul shall have author-
ity to take possession of such merchandise, or other property, when the
master, owner or consignee thereof is present or capable of taking pos-
session of the same.’’8?

It is not so very long ago that in many localities on coasts
where ships were often wrecked the inhabitants pillaged the
wrecked vessels and sometimes robbed and even murdered the
people who fell into their hands. The name wrecker came to
mean land pirate. A service is now maintained by the Gov-
ernment of the United States along its coasts for the assistance
of wrecked vessels. Life saving stations equipped with mod-
ern appliances for taking off the passengers and crews and
rendering assistance to all ships in distress are maintained at
the expense of the government. The service is under the su-
pervision of a general superintendent and the statutory pro-
visions on the subject are very full.*

The general principles relating to salvage are that persons
rendering assistance to ships in distress or great danger from

30 Senate Documents, 3rd Session, 62nd Congress, 10, 137.
31 Compiled Statutes of 1918, §§ 7991-7992, 7993 and 7994.
82 Revised Statutes, § 4238.

33 Compiled Statutes of 1918. Title L. V. Ch. C.
Bo2 INTERNATIONAL RELATIONS

any cause who are at the time under no employment or sus-
tain no relation rendering it their duty to give assistance, and
who do voluntarily give effective aid are entitled to compen-
sation for their services. The convention for the safety of
life at sea, copied above, leaves it no longer optional with the
masters of ships on the ocean whether they will give aid or
not. All masters of ships flying the flags of any of the na-
tions which are parties to this convention must respond to
calls for aid from ships in distress. The master of the vessel
in distress may designate which of several vessels receiving
his signal shall be required to give aid and which may pro-
ceed on their voyages, but all must respond to the signal. The
foregoing convention deals mainly with the questions relating
to compensation to the salvors. It recognizes the unequal po-
sitions of the salvors and those in distress and renders con-
tracts for compensation open to review by the courts of their
fairness. The need of courts having jurisdiction of ships of
all nations and their crews is very forcibly presented by this
treaty. The salvage of a ship and cargo may give rise to
conflicting claims of citizens of many nations and the jurisdic_
tion of any court be inadequate to settle all the questions pre-
sented. The convention binds only the parties to it. Some
of the parties to a case of salvage may be citizens or subjects
of the nations bound by the convention and others not. In
such a case either the convention must be extended to bind
those not parties to it, or disregarded and the case be decided
in accordance with the recognized principles of international
law, or one rule applied to one part of the case and a different
tule to another part. The generally accepted rule is that no
compensation is due for saving life but only for saving prop-
erty. Slaves being regarded as property, rather than human
beings, compensation was given for saving them.** In Eng-
land the Merchant Shipping Act of 1854 allows savage for
the preservation of human life, with priority over all other
claims for salvage where the property is insufficient.** No

34 Bass. v. Five Negroes, 2 Fed. Cas. No. 4434. The Mulhouse, 17 Fed.
Cas. 9,910.

85 The Cairo, L. R. 4. The Thomas Fielden, 32 L. J. Adm. 61. Silver
Bullion, 2 Spinks, 70.
COMMON PROPERTY OF ALL NATIONS 223

claim for salvage can be maintained unless the aid given has
contributed to the actual preservation of property in peril.
The master of a vessel may refuse aid tendered except in cases
of extreme danger where assistance is needed for the preser-
vation of life or property.

The principles applied by the courts in awarding compen-
sation for salvage are somewhat different from those ordi-
narily applied to the determination of compensation for other
services. Compensation for salvage is not confined to wages
for the labor performed, but includes also reward for the risk
of life and property involved, as an inducement to the per-
formance of such services.*°> Where compensation is allowed
for saving human life it may be charged against not only the
ship saved but also against the cargo.*” It is not a personal
liability of the persons whose lives have been saved. A sal-
vage service carries with it a maritime lien on the property
saved, which in England and the United States is enforced by
the courts having admiralty jurisdiction.*

The convention copied above does not cover the whole field
of claims for salvage. In fact it adds very little to the inter-
national law on the subject. Claims of this kind are very
numerous in the courts of all maritime countries and the
topic of salvage is a very prominent one in the books relating
to admiralty jurisdiction. Cases in great number have been
decided by the courts of England and the United States and
are reported in the books. There is not entire harmony in
the rules applied by the English-speaking nations, but salvage
claims are disposed of by the courts and very rarely if ever
lead to serious international complications. Nevertheless,
where ships flying the flags of different nations are involved in
a controversy concerning salvage the questions arising are
strictly international in character and a matter of common
concern to all nations. A review in detail of the cases de-
cided is beyond the scope of this work which deals only with
the very general aspects of the subject.

86 The Blackwell, 10 Wall. 1. The Flottbek, 55 C. C. A. 448.

87 The Annie, 12 P. D. 50. The Renpor, 8 P. D. 115.
388 Chapman v. The Greenpoint, 38 Fed. 671.
224 INTERNATIONAL RELATIONS

FISHERIES

The accepted rule of both municipal and international law
that wild things are not the property of any one until taken
possession of applies to sea fish and mammals of the sea.
While many of the most valuable fisheries are so situated
that there is no conflict between nations with reference to
them, some of them have given rise to bitter controversies.
Many of the fisheries in the seas surrounding Europe are ac-
cessible to more than one nation and extend more than a
marine league from the coast line. The use of these fisheries
has given rise to many conflicting claims. The fishermen of
Great Britain, France, Belgium, The Netherlands, Germany,
Denmark, Sweden and Norway all have access to the North
Sea, and are equally entitled to engage in the mackerel, herring
and other fisheries away from the coasts. It is evident that
all have common interests, and numerous treaties and con-
ventions have been entered into to regulate their operations
and provide for their safety. In the foregoing convention of
London there are many provisions relating to fishing vessels
and the care to be taken by other ships to avoid injury to
them, their lines and nets. Though the other seas are not sur-
rounded by so many populous sovereignties and may not have
as valuable fisheries, it is still important that the fishermen of
each nation operate with due regard to the rights of those of
other nations, and that all observe the same rules for their
common safety. The more distant fisheries off the coasts of
Iceland and North America have given rise to controversies
between European countries, and between Great Britain and
the United States which it has been found necessary to settle
either by treaty or by arbitration.

The whales, seals, and other sea mammals have great value
and swim far out at sea where they are liable to be taken by
the hunters of any nation. The controversy between Great
Britain and the United States with reference to the seals in
Behring Sea illustrates the necessity for some general author-
ity to prescribe laws for the sea that shall be binding, not
merely on two or a few nations that enter into a treaty on the
subject, but on all the nations of the earth alike. Without effi-
COMMON PROPERTY OF ALL NATIONS 225

cient protection seals and whales will soon become extinct.
It may be that they consume more than their value in food
fish, and that in time it will prove of general advantage to ex-
terminate them, but the whole subject should be considered
and dealt with by competent representatives of the interests
of all, and such action be taken as will promote the general
welfare.

The great importance of fish as human food has been rec-
ognized by man in all stages of civilization. The great ocean
seems too large a field for human domination and supervision,
yet it is manifestly possible to do much to prevent wanton
destruction of the valuable fish, to destroy many of their
worst enemies, and to promote the multiplication of the most
valuable varieties. The peculiar habits of the salmon, which
spawns and hatches in the fresh water of the rivers and then
swims out and disappears in the ocean, there to remain until
it is four years old and ready to return and deposit its spawn,
have been observed, and show the necessity for sparing
enough to continually restock the rivers and undiscovered feed-
ing grounds of the sea. The responsibility of preserving the
supply of this favorite fish on the northwestern coast of
America rests on the United States and Canada, which, hav-
ing control of the whole coast, can regulate the fisheries on it.
The breeding habits of other varieties of food fish may not be
so easily ascertained, but it would seem certain that much can
be gained by concerted investigation into the habits and needs
of sea fish and then taking such measures as will tend to multi-
ply the valuable and destroy the useless ones. Much of value
has already been learned, but as yet there is no common agency
authorized to take needed measures to promote the -general
interest of all. It is impossible to place any limit on the quan-
tity or value of the supplies of food fish which the seas may
be made to produce, or on the improvements which may be
made in methods of taking and distributing them. Distance
of the source of supply from the market has already ceased
to be even a serious obstacle to the use of the salmon of the
Pacific coast. By methods now in use it is entirely practicable
to utilize a favorable source of supply in any part of the world.
226 INTERNATIONAL RELATIONS

It is quite easy to see how the people of all countries may pro-
mote their mutual interests in the fisheries of the seas by their
combined efforts.

TELEGRAPHS: CABLE AND Rapio

Great inventions breed international problems. ‘The first
submarine cable was laid in 1858, apparently without much
concern over the question of right to use the bed of the ocean
for that purpose. This cable worked only a few weeks and it
was not until July 27, 1866, that permanent communication
between Europe and America by telegraph was established
through a new cable. Other projects soon followed and at-
tention was directed to the legal status of the companies and
their property. The promoters of the enterprises were con-
fronted with a theretofore unconsidered question of title,
namely, who owns the bed of the ocean? To this question
there could be but one answer, all the nations of the earth. A
franchise to lay and maintain a cable across the ocean con-
necting Europe and America could not be granted even by all
the nations of Europe and America combined, for Asia and
Africa had equal right to every part of the open sea. The
general international convention referred to above*® was there-
fore obtained in 1885. Since then many cables have been
stretched between continents and by means of them instant
communication can now be had with the most remote centers
of population. While these cables have been laid with the
sanction of a general treaty, they were without the protection
of a government having full dominion over the ocean. The
nations had joined in giving consent to the enterprises but had
established no court or other agency for their protection. Act-
ing separately some of the nations have enacted laws from time
to time for the protection of such cables,*° but there has been
no international congress authorized to legislate on the sub-
ject. Whether cables will continue to multiply or give way
to the wireless system remains to be seen. The cable is useful
only in transmitting messages across the water. It does not

89 Supra, p. 109. 4#° Compiled Statutes of U. S. 1918, §10087 to 10099.
COMMON PROPERTY OF ALL NATIONS 227

afford a means of communication with shipping. It has the
advantages of secrecy, reliability and permanence.

Radiotelegraphs have recently come into great prominence,
especially as a means of communication with and between
ships on the seas. The convention signed at London July 5,
1912,** makes very full provisions for their use at sea. . It is
only possible to take full advantage of this means of com-
munication by adopting a code of signals and a system of
regulations to be used and observed by the ships of all na-
tions. The subsequent convention providing for safety of
life at sea,** makes wireless equipment compulsory on vessels
carrying fifty or more persons. By this means communica-
tion may be had across the water from land to land, from land
to ship, or from ship to ship. Ships equipped with the neces-
sary apparatus and within the range of their installations may
communicate without knowledge of the location of each other
and without any other previous understanding than that con-
tained in the international regulations which it is the duty of
all operators of all nations to study and understand. The
code of signals prescribed by the convention is a universal
language for all who sail the seas, through the use of which
they may hold communication over long distances with perfect
understanding of each other, though they speak different lan-
guages and are unable to converse when they meet face to
face. The adoption of this universal language is a prerequisite
to the efficient use of this great invention. It is especially ap-
propriate that it should first come into use on the waters, which
are the common property of all.

These conventions have been given the full force of statu-
tory as well as treaty obligation in the United States and in
Great Britain.*® While the courts of the United States and
Great Britain have power to enforce these rules against own-
ers, masters and officers of their own ships, they have no juris-
diction over the ships of other nations. Each nation must be
looked to separately to take all necessary measures to carry

4. Infra, p. 416. 42 Supra, p. 190.

48 Compiled Statutes of the United States, 1918, §§ 8262 to 8267 and 10100
to 10108.
228 INTERNATIONAL RELATIONS

the conventions into effect. If disaster comes to a vessel of
one nation because the officers of a ship of another nation have
not performed their duty in accordance with the treaty, re-
course can only be had through the government of the offend-
ing party. The need of an international tribunal with power
to construe the law and enforce uniform application of it is
manifest. It is also apparent that new inventions and chang-
ing conditions render frequent amendments to the regula-
tions desirable, and that there should be an international ad-
ministrative body clothed with power to deal with all techni-
cal questions relating to the radiotelegraphic service.

Tue BeD OF THE SEA AND OCEAN PRODUCTS OTHER THAN
FisH

There has been little or no controversy over the title to the
bed of the ocean. The depth of the water covering most of
its area is so great, from two to five miles, that it offers no field
for present human operations. It is only in exceptional
places, where there is an area of shallow water outside the
territorial limits of any nation, that conflicting claims have
been made, and these have generally been over fisheries. If
it be not merely poetic but also true that “Full many a gem
of purest ray serene the dark unfathomed caves of ocean
bear,” the difficulties attending the work of gathering them
now appear insurmountable. Most of the marine plants of
which use is made are found near the shore, and are of too
low value to arouse any controversy over their use. It would
be exceedingly hazardous to assert however, that there are no
parts of the bed of the ocean outside the territorial waters of
any country that will not be found of great value at some fu-
ture time. With the spread of civilization over the whole of
the land and increased specialization of industry, commerce
will doubtless develop in distant seas and pass over new routes.
That valuable discoveries of many kinds will be made and
utilized in remote and unfrequented parts of the seas appears
highly probable. If so it will be incumbent on the society of
nations to prescribe the laws governing their use.

It is already known that there are many submerged rocks
COMMON PROPERTY OF ALL NATIONS 229

and reefs which endanger shipping in places where no nation
is willing to undertake the task of either removing them or
marking them with lights and buoys to warn of their dangers.
By their combined and concerted efforts the nations may
easily cause charts of the whole ocean to be completed, and
safe lanes of travel to all countries to be provided and prop-
erly marked.

The great rivers are constantly carrying vast quantities of
valuable fertilizers to the sea, and depositing them far beyond
the three mile limit. From the mouths of some of these
rivers shallow water extends long distances from the coast.
It seems not at all improbable that profitable uses for the bed
of this part of the ocean may be found, and that jurisdiction
over it will need to be given to the nation owning the coast,
or that the society of nations regulate its use.

SANITATION

Great ships carrying the population of whole villages now
cross the ocean in a few days. They may carry also the germs
of all the diseases that prevail in the countries from which
they come. Vermin and the seeds of noxious weeds and plants
are carried with other freight. Rats carrying bubonic plague
may take passage in the vessel’s hold and spread the disease
in distant lands. Mosquitoes with the yellow fever virus may
infest the cabins and decks and do their deadly work in the
foreign port. Cholera, smallpox, and other dreaded diseases
may be carried wherever the ship sails. The sanitary condi-
tions on shipboard are as various as the people who sail the
seas, varying from extreme filthiness to model cleanliness.
No nation acting separately can prescribe and enforce all
needed regulations for its own protection.

Fear of the bubonic plague and the Asiatic cholera has in-
duced the nations to join in sanitary conventions.** While
great good has doubtless resulted from the measures taken
pursuant to them, they lack much of covering the whole field
of international sanitation. Rules applicable to every port
from which contagions and epidemics are to be apprehended

44Infra, p. 383.
230 INTERNATIONAL RELATIONS

are needed. The enforcement of such rules should not be
left to local authorities who may be interested in evading
them, but should be under the supervision of competent offi-
cers acting in behalf of all the nations affected. Nor should
inspection and supervision be necessarily confined to the ports.
Those charged with the duty of enforcing the sanitary regula-
tions should have authority over the ships of all nations on
any part of the sea. It is equally apparent that the fcrmula-
tion of international sanitary regulations by treaties which
either party may abrogate is inadequate and unsatistactory.
Authority to act with promptness in emergencies is of the ut-
most importance. With present means of communication by
telegraph it is entirely possible for a board or commission
having adequate powers to act promptly and efficiently, but
this cannot be done if it is hampered by national boundaries
or required to wait for a new treaty to meet a new condition.

Prior to the discovery of America the ocean interposed a
complete barrier to all intercourse and communication of
disease from continent to continent. Now it brings all the
nations together and passes disease and death from one to
another as well as supplies of food, clothing and useful arti-
cles of all kinds. Year by year intercourse increases until
each nation finds itself involved in the concerns of all the
others.

Tue UNSEEN NATURAL ForRCES

Though manifestations of the effects of electrical force
have always been obvious to the lowest savages, little or noth-
ing concerning the laws governing its action was known until
very recent times. It can hardly be said that the nature of
electricity is now understood, but much is known of the meth-
ods by which its action may be induced and controlled. It is
also known that it pervades the whole surface of the earth,
and conjectured that it is diffused throughout the whole uni-
verse. It is the most convenient medium known for the con-
version of heat into power or light and of power into heat or
light. The first great practical use made of it was for the
transmission of messages through wire connections. The
COMMON PROPERTY OF ALL NATIONS 231

broken current controlled by instruments made possible a tele-
graphic alphabet which may now be transmitted around the
world almost instantaneously. Since the laying of the ocean
cables the news from all parts of the world is gathered and
printed daily. The newer method of wireless telegraphy
makes possible the transmission of messages in all directions
to any station equipped to receive them. Thus the unseen
electrical current or wave enables distant friends or foes to
talk with each other at any time. The telephone dispenses
with the telegraphic alphabet and enables people to converse
directly and hear each other’s voices. The electric force which
is the medium of communication is a common possession of
all the people of all the nations, which cannot be monopolized
so far as we know. The advantages to be derived from it are
dependent on the apparatus for sending and receiving messages
and a common language for all who use it. The dots and
dashes of the telegraph may become a universal written lan-
guage, but at present the operator must make the translations
from and to the sender and the receiver of the message. The
convention for the safety of life at sea requires all operators
of radiotelegraphs to be conversant with the meaning of the
signals, no matter what language he speaks. No other dis-
covery has done so much to bring distant people together and
induce good understanding between them as that of the tele-
graph. Through it and the telephone electrical force becomes
a living bond of union capable of extension to the most remote
parts of the earth.

It is not alone as a medium of communication that electrical
force is a means of binding distant people to each other.
Waterfalls may be changed to terms of electric currents, and
these in turn to power and motion in distant factories, to
force propelling cars and vehicles on all kinds of roads, to
light in buildings and streets, to heat in kitchen or any other
room, or to extract from the air its unseen properties or min-
erals from their ores. The source of power may be far re-
moved from the place of use, and it may be transmitted from
the mountain regions of one nation to the plains of another.
Although so much has already been accomplished in the em-
232 INTERNATIONAL RELATIONS

ployment of electrical force it is manifest that its uses may be
multiplied indefinitely with untold benefit to mankind. To
realize these advantages wide concert of action and perfect
understanding between all who are concerned is necessary.

Magnetic attraction and repulsion are unseen forces akin
to electrical force the earliest important use of which was in
the mariner’s and surveyor’s compasses. It is of great im-
portance in navigation and serves the ships of all nations alike.
Unlike the telegraph the compass serves each ship separately,
but it gives like information to each and refers both to a com-
mon standard of direction.

Gravitation is another unseen force, always in action every-
where. Acting in waterfalls or descending masses of any
kind, it is a source of power capable of direct application to
machinery for the use of it through the various appliances of
mills or factories, or it may be converted at once into electrical
force and applied in any way and for any purpose that such
force may be used. Water is now the principal medium
through which the force of gravity is converted into other
terms of power, but by the use of inclined planes and other
devices coal and rock obtained on the mountain side may be
made to generate power as they descend on their way to
market. Transmission of this power after conversion into
electrical force may be made by wire for distant uses from
regions where it could not well be utilized.

These are some of the unseen forces of nature which now
serve mankind. It would be rash indeed to say that there are
no others capable of doing so. The sun gives light, heat and
power, and with them life and energy to all living things.
What unseen and uncomprehended forces are concealed in its
rays from human eyes no man knows, but when all nations
join in the search for knowledge of natural forces and the
laws governing them with the same spirit that has given us
modern progress along these lines, it may confidently be ex-
pected that other marvels of progress will result.
COMMON PROPERTY OF ALL NATIONS 233

Tue AIR

Free as the air is an oft used expression conveying the
idea that the air is above human domination, yet the air has
already been converted, not only into a highway, but a battle-
field. Aerial navigation is already an established fact. The
ocean merely washes the coasts of the nations that border on
it, but the air envelops them all. Ships must stop at the
water’s edge, but air crafts may sail over, above and beyond a
neighboring state, by day or by night, below or above the
clouds. To maintain its ownership from the center of the
earth to the stars a nation must build its barriers to command
the air as well as the land and water. If the deveopment of
air service for peaceful purposes proceeds as rapidly as it has
for war it will be necessary for the nations to reconstruct the
governmental machinery now employed to collect duties, ex-
clude foreigners and their merchandise and confine citizens and
their goods at home. The boundary lines of the small states
of Europe will not be traced where they can be discerned in
the air, and air ships may pass across them from country to
country without regard to local regulations. Efficient govern-
ment of the ocean requires the united authority of all, but
each nation may control the shipping that comes to and goes
from its ports. The air craft, however, may pass over the
state in utter contempt of all its laws until some means of in-
tercepting it is devised and its use made practicable.

The air may also carry poison and disease germs from state
to state. The great epidemic of influenza through which we
are just passing has been world-wide. Whence it has pro-
ceeded and what has been its cause no one seems to know.
Apparently the contagion has been in the air. Whether this
be so or not, it is certain that each nation is interested in the
purity of the air that blows from a neighboring state, and that
it may be contaminated by disease germs or poisonous gases or
in other disagreeable though less dangerous ways. The smoke

of forest fires in Canada sometimes darkens the air for many
hundreds of miles across the border. The smoke and noxious
gases generated in smelting ores and various manufacturing
234 INTERNATIONAL RELATIONS

operations may destroy crops and render homes uninhabitable
across national boundaries. It has been demonstrated that the
air can be contaminated by noxious gases for long distances
and to such extent as to destroy human life. The air we
breathe is more truly a common possession of all mankind
than any other thing, and all nations are vitally interested in
preserving its purity.

With the increase of population and of means of travel and
communication conflicting claims to natural wealth and the
common property multiply. Regulations concerning the oc-
cupancy of land begin with the allotment of hunting grounds
to the tribe, then of pastures to the herdsmen and on through
the various stages of settlement, cultivation and city-building
till the modern complex system of titles, leases, trusts, liens
and encumberances on clearly designated tracts is developed.
New inventions bring into being intangible property, often of
great value when protected by the laws of a great nation:
Such laws are now being extended by treaty from nation to
nation. With the increase of dealings, business and social re-
lations between the people of different nations, questions as to
their respective rights multiply. Diplomats have done much
to simplify and make certain the rights of the parties by
treaties and conventions, but questions arise as to the interpre-
tation and application of these which must be settled in some
manner. The newer nations have required capital for the de-
velopment of their resources and this has been furnished by
the people of the European nations in many ways and for a
great multiplicity of uses. Payment of debts and performance
of contracts have not always been made according to agree-
ment. Where the debtor or delinquent is a sovereign nation
or where the courts of a debtor nation refuse to compel per-
formance of their obligations by the citizens of their country,
international controversies arise. When to these are added
the many conflicting claims to the use of the common prop-
erty of all the nations and the ambitions of statesmen to ex-
tend the possessions and influence of their own nation at the
expense of their neighbors, the volume of matters for adjust-
ment through diplomatic channels becomes very great. Most
COMMON PROPERTY OF ALL NATIONS 235

of these in recent years have been satisfactorily disposed of
by direct agreement between the nations concerned, but it has
not always been possible for the parties to come to a direct
and satisfactory understanding. Statesmen having the wel-
fare of humanity at heart have therefore sought to evolve a
system through which such controversies could be settled
without resort to force with very gratifying results in some
instances and sore disappointment in others.
CHAPTER VI

SETTLEMENT OF INTERNATIONAL DISPUTES BY
ARBITRATION AND MEDIATION

In the absence of a superior having authority over both
parties to the controversy and backed by ample power to en-
force obedience by them to his decisions, arbitration and medi-
ation offer alternatives that are better than war. ‘They are,
however, in all respects primitive and rudimentary. They
afford no protection whatever against determined aggression.
Neither party can compel his adversary to arbitrate. Before
anything further is done the parties must agree to arbitrate,
agree on the question to be submitted to arbitration, and agree
on the manner in which the tribunal shall be selected.

These difficulties can be overcome, and in fact interpose no
serious obstacle, if the difference is merely one honestly enter-
tained either as to a matter of law or of fact and both parties
sincerely desire an amicable adjustment of it. The responsible
head of the government of any civilized state ought to con-
sent to arbitrate any question rather than plunge his country
into war, but recent history proves that nations that have made
long preparation for a conflict and regard the time ripe for
their warlike enterprises, ignore all moral and contractual
agreements to arbitrate, especially when there is no moral or
legal basis for their demands. But where the nations are truly
friendly the submission of their differences to mutual friends
as arbitrators is natural, easy and effectual. In the settlement
of private controversies arbitration is sometimes preferable
to submission to the ordinary courts of justice. Where the
matter in controversy relates to some technical matter, or the
customs prevailing in a particular trade or business, the parties
can usually select an arbitrator who is more competent to de-
cide than a judge who deals with all kinds of controversies.
Arbitration is often a much more speedy method of determining
SETTLEMENT OF INTERNATIONAL DISPUTES 237

a question than a trial in a court which has its formal require-
ments allowing time for each step inthe progress of the case.
In commercial matters quick decision is often of vital interest
to both parties, especially when the disposition of perishable
property is involved. Commercial bodies sometimes give the
needed sanction to the decisions of arbitrators chosen in ac-
cordance with their by-laws by suspension or denial of the
privileges of their organization to members who refuse to arbi-
trate, or who fail to comply with the awards of the arbitrators.
Arbitration also has the very great advantage of saving to the
parties the costs and expenses of litigation in the courts.
Nevertheless arbitration cannot be made to supply the place
of courts vested with full power to administer the law and
enforce obedience to it. The best method of settling a question
arising between two parties is for them to agree on a dispo-
sition of it. Most questions arising between nations are so
settled now. When they are unable to agree or compromise
their differences, friendly mediation by which both are given
the benefit of the impartial advice of a mutual friend, is often
a very effectual and satisfactory method of adjusting a contro-
versy. The mediator is often able to make a party see the
merits of the other party’s claim by presenting it in a different
manner and freed from all feeling of interest or advantage.
Mediation, however, to be serviceable must be really inspired
by friendship for both parties and felt by them to be so. In
dealings between nations one who undertakes to act as medi-
ator is liable to be suspected of selfish and ulterior motives.
The most effectual mediation is by the powerful nations in the
affairs of the weaker ones. The results of such mediation will
be good or bad according to the real purposes of the mediator.
In the administration of the law between private parties
mediation has no recognized place, but the settlement of dis-
putes and misunderstandings of all kinds through friendly
counsel is, and always has been, of very common occurrence.
Persons occupying special relations of friendship, confidence,
or business connection, are often able to bring about very
happy solutions of differences and disputes. On the other
hand mischievous intermeddling with the affairs of others is
238 INTERNATIONAL RELATIONS

productive of much strife and bitterness. This kind of inter-
ference is not really mediation, for its purpose usually is to
accomplish some other end than the settlement of a contro-
versy already existing.

Mediation, however, now has a place in international law.
Sovereigns, especially autocrats, were formerly very sensitive
about any intermedling with their affairs by third parties, and
offers of mediation were usually resented. The Pope has
sometimes been able to aid Catholic states in the settement
of their differences by reason of his position as the spiritual
head of the Church, and there are many instances of success-
ful mediation by others, but the right of a nation to offer its
friendly offices to prevent a conflict was not established. The
Treaty of Paris of 1856 settled the terms of peace of the
Crimean war, in which France and Great Britain had forcibly
intervened to save Turkey and preserve the balance of power.
The 23rd Protocol of this is as follows: “Whereupon the
Plenipotentiaries (i.e., of Austria, France, Great Britain,
Prussia, Russia, Sardinia, Turkey) do not hesitate to ex-
press, in the name of their Government, the wish that States
between which any serious misunderstanding may arise
should, before appealing to arms, have recourse, as far as
circumstances might allow, to the good offices of a friendly
Power. The Plenipotentiaries hope that the Governments not
represented at the Congress will unite in the sentiment which
has inspired the wish recorded in the present Protocol,”* This
was not a binding agreement between the powers represented
who joined in it, but it was a suggestion of the usefulness of
mediation, made to encourage resort to it. The Hague con-
vention for the settlement of international disputes gives medi-
ation a definite place and character in the dealings of nations
with each other. Title II deals with the subject of good
offices and mediation and commits all the powers to its use and
encouragement. It gives powers which are strangers to the
dispute the right to offer their good offices or mediation, be-
fore or during hostilities, and provides that such an offer can
never be regarded as an unfriendly act. There are ample

1 Halleck’s Int. Law, I, 499.
SETTLEMENT OF INTERNATIONAL DISPUTES 230

reasons for giving greater encouragement to mediation in the
disputes between nations than to it in disputes between pri-
vate persons. Disputes between nations may lead to war if
they are not settled. No such result is to be apprehended
from unsettled disputes between private persons. If these
cannot agree there are courts vested with ample power to de-
termine and enforce their rights, no matter how important
to them the matter in controversy may be, or how bitter their
feelings in regard to it. But in the case of a dispute between
nations there is no court to resort to. The nations as to
each other are in a state of anarchy, mitigated only by the
principles generally accepted as international law, the treaties
made between them, and the voluntary submission by each of
them to these principles and the voluntary performance of
their agreements. The general public is interested in the set-
tlement of all private disputes and the administration of jus-
tice between all its members. It therefore has provided its
system of courts, vested with power to determine all questions
of private right and punish crimes. But the community of
nations has no such agency, and must therefore seek other
means of preventing conflicts. But few of the people in a
largé community know of, or are affected by, the misunder-
standings of particular members of it. War, however, affects
the whole community of nations. It at once divides the whole
world into combatants and non-combatants. Belligerents are
recognized as having the right to fight on sea or land and to
require neutral nations to keep out of the way of their mili-
tary and naval operations. They may also interrupt each
other’s commerce with neutral nations. This often imposes
very great hardship on the neutrals. For these reasons, as
well as from humane impulses, it is eminently proper that the
nations should be allowed and encouraged to exercise their
good offices to preserve the peace.

Another expedient offered under Title III of this Conven-
tion is an International Commission of Inquiry. This is to
be constituted by a special agreement of the parties in cases
where the difference between the parties is as to some question.
of fact, and involves no matter of honor or vital interest.
240 INTERNATIONAL RELATIONS

The functions of the Commission are to make a full investi-
gation and receive the testimony bearing on the controverted
facts and to report their findings. They do not make an award
as arbitrators do, but merely a statement of the facts as they
determine them from the evidence. The parties are free to
act on the report as they see fit.”

In recent years arbitration has grown in favor as a method
of settling international controversies, especially between
Great Britain and the United States.* In 1818 there were
controversies between the two countries with reference to the
fisheries off the coasts of the British possessions in North
America, to the boundaries between the British possessions
and the United States, and the restoration of slaves taken by
the British. A treaty was concluded between them at Lon-
don on October 20, 1818, which settled the dispute with ref-
erence to the fisheries and boundary, and fixed the northern
line of the territory of the United States on “a, line drawn
from the most northwestern point of the Lake of the Woods,
along the 49th parallel of north latitude, or, if said point
shall not be in the 49th parallel of north latitude, then that a
line drawn from the said point due north or south as the case
may be, until the said line shall intersect the said parallel of
north latitude, and from the point of such intersection due
west,” to the “Stony Mountains.” It was further agreed that
the country claimed by either party west of the Stony Moun-
tains should be free and open for ten years to the vessels, citi-
zens and subjects of both powers. As to the third subject of
negotiation the parties were unable to agree. It had been
provided in the first article of the Treaty of Ghent, December
24, 1814, which settled the terms of peace after the war of
1812. “All territory, places and possessions whatsoever, taken

2Senate Documents, 2nd Session 61st Congress, 48, p. 2230.

3 The Treaty of October 27, 1795 between Spain and the U. S., provided
for the submission of claims of citizens of the U. S. against Spain to a
commission of three named by the parties. This commission awarded
$325,440.077%4 December 31, 1799, but these claims were relinquished by
the treaty of Feby. 22, 1819, and Spanish claims against the United States
to the amount of $5,000,000 were allowed by a Commission appointed by
the United States. Senate Documents 48, 1649-1658.
SETTLEMENT OF INTERNATIONAL DISPUTES 241

by either party from the other during the war, or which may
be taken after the signing of this treaty, excepting only the
islands hereinafter mentioned, shall be restored without delay,
and without causing any destruction or carrying away any of
the artillery or other public property originally captured in the
said forts or places, and which shall remain therein upon the
exchange of the ratifications of this treaty, or any slaves or
other private property.’”* Claims were made by citizens of
the United States for: slaves taken by the British, and the
parties were unable to agree as to the liability under the terms
of the treaty. By the fifth article of the treaty of 1818 it
was agreed that this question should be submitted to arbitra-
tion and pursuant to this agreement it was submitted to the
Emperor of Russia who decided:

“That the United States of America are entitled to a just indemnifica-
tion, from Great Britain, for all private property carried away by the
British forces; and as the question regards slaves more especially, for
all such slaves as were carried away by the British forces, from the places
and territories of which the restitution was stipulated by the treaty, in
quitting the said places and territories:

“That the United States are entitled to consider, as having been so
carried away, all such slaves as may have been transported from the
above-mentioned territories on board of the British vessels within the
waters of the said territories, and who, for this reason, have not been
-restored; ;

“But that, if there should be any American slaves who were carried
away from territories of which the first article of the treaty of Ghent
has not stipulated the restitution to the United States, the United States
are not to claim any indemnification for the said slaves.”®

Under the mediation of the Emperor one Commissioner
and one Arbitrator were appointed by each of the parties to
determine the amount payable under the award pursuant to
a further treaty concluded July 12, 1822. The Commission
‘met and agreed on the average value of the slaves, but were
unable to do more. The parties then took the matter up again
and concluded another treaty on Nov. 13, 1826, by the terms
of which Great Britain agreed to pay $1,204,960. for the
slaves.°

4Senate Documents, 2nd Session 61st Congress, 47, p. 613.

5 Senate Documents, 47-640.

6 Senate Documents, 47-634.
242 INTERNATIONAL RELATIONS

It will be observed that the settlement of this controversy
in this manner required four different agreements between the
parties in interest :—1st. the agreement to submit this particu-
lar controversy to arbitration; 2nd, agreement in the choice of
an arbitrator; 3rd, the agreement to submit to the Commis-
sion the amount to be paid under the ruling of the Emperor;
4th, the final agreement of the parties on this amount. Not-
withstanding the incompleteness of the award, and of the re-
port of the Commission, each aided materially in the settle-
ment of the controversy. The award of the Emperor con-
strued the provision of the treaty that gave rise to the con-
troversy, and settled the question of law. The Commission
placed an average valuation on the property for which com-
pensation was to be made, leaving the number of slaves to be
agreed on or determined otherwise. Between friendly nations,
seeking a settlement of their controversy, the arbitration served
a useful purpose; between enemies, desiring war, it would
have been utterly futile.

The northeastern boundary between the British possessions
and the United States as described in the fifth article of the
treaty of Ghent being indefinite and uncertain, a treaty was
concluded on September 29, 1827, by which it was agreed to
submit the matter to arbitration, and the King of the Nether-
lands was afterwards agreed on as Arbiter. On January 10,
1831, he submitted an award which neither government ac-
cepted, and the boundary was finally settled by agreement of
the parties by the treaty of August 9, 1842." :

Tue ALABAMA CLAIMS

The Civil War in the United States from 1861 to 1865 was
productive of many complications in the relations of the Union
with foreign countries, and especially with Great Britain,
whose supply of cotton for its mills had been cut off, as well
as its market for its goods in the Confederate States. On the
other hand the people of the Union had many causes of com-
plaint of the conduct of the British government as a neutral
power, and especially of its allowing privateers to be built,

7 Senate Documents, 2d Session 61st Congress, 47-650.
SETTLEMENT OF INTERNATIONAL DISPUTES 243

fitted out, armed and supplied from its ports to prey on the
commerce of the United States. The Alabama had been espe-
cially successful in destroying American shipping, and the
United States demanded indemnity for the losses of its citi-
zens. The bitterness of feeling resulting from these occur-
rences was well calculated to provoke war. Great Britain also
preferred claims on behalf of its citizens for losses sustained
by them from the acts of citizens of the United States during
the war. There were, not only these claims and counter-
claims, but questions concerning the fisheries, navigation,
canals, and boundaries, which the governments of the two
countries were unable to settle by diplomacy. Arbitration of
the Alabama claims was suggested to President Lincoln be-
fore the termination of the war,* and was discussed by the
press in both countries, but the treaty providing for the sub-
mission of the various matters in controversy was not signed
until May 8, 1871. As this is by far the most notable case of
arbitration of which we have any record, the treaty and pro-
ceedings under it are worthy of extended mention here. The
controversies were between two powerful nations, speaking the
same language, and accepting in their jurisprudence the same
general principles of unwritten law. Both were vitally inter-
ested in finding a peaceful method of adjusting their differ-
ences, for each was largely dependent on the other for its wel-
fare and security. The influences urging to an agreement were,
therefore, unusually strong. Both Governments appointed
very able men as their plenipotentiaries, and the treaty they
framed deals with the whole field of controversy in a most
thorough and comprehensive manner. With reference to the
Alabama claims Article I provides:

“Whereas differences have arisen between the Government of the
United States and the Government of her Britannic Majesty, and still
exist, growing out of the acts committed by the several vessels which
have given rise to the claims generally known as the “Alabama Claims”;

“And whereas Her Britannic Majesty has authorized her High Com-
missioners and Plenipotentiaries to express, in a friendly spirit, the regret
felt by Her Majesty’s Goverment for the escape, under whatever circum-

8 International Courts of Arbitration, Balch, Introduction.
244 INTERNATIONAL RELATIONS

stances, of the Alabama and other vessels from British ports, and for the
depredations committed by those vessels;

“Now, in order to remove and adjust all complaints and claims on the
part of the United States, and to provide for the speedy settlement of
such claims which are not admitted by Her Britannic Majesty’s Govern-
ment, the high contracting parties agree that all the said claims, growing
out of acts committed by the aforesaid vessels, and generally known
as the “Alabama Claims” shall be referred to a tribunal of arbitration to
be composed of five Arbitrators, to be appointed in the following man-
ner, that is to say: One shall be named by the President of the United
States; one shall be named by Her Britannic Majesty; His Majesty the
King of Italy shall be requested to name one; the President of the Swiss
Confederation shall be requested to name one; and His Majesty the
Emperor of Brazil shall be requested to name one.”®

The article further provides for filling vacancies and failure
to appoint, or of the arbitrators to act, so as to insure full
membership of the tribunal. The second article provides that
the arbitrators shall meet at Geneva and that all questions, in-
cluding the final award, shall be decided by a majority of all
of them. Succeeding articles lay down the procedure and
rules governing the submission of evidence and arguments.

The parties were confronted with the lack of certainty in
international law as to the measure of duty resting on a neutral
power to prevent such occurrences as those complained of by
the United States. To obviate this difficulty they agreed on
three rules as applicable to the case and incorporated them in
Article VI as follows:

“A neutral Government is bound—

“First, to use due diligence to prevent the fitting out, arming or equip-
ping, within its jurisdiction, of any vessel which it has reasonable ground
to believe is intended to cruise or to carry on war against a Power with
which it is at peace; and also to use like diligence to prevent the depar-
ture from its jurisdiction of any vessel intended to cruise or carry on
war as above, such vessel having been specially adapted, in whole or in
part, within such jurisdiction, to warlike use.

“Secondly, not to permit or suffer either belligerent to make use of its
ports or waters as the base of naval operations against the other, or
for the purpose of the renewal or augmentation of military supplies or
arms, or the recruitment of men.

“Thirdly, to exercise due diligence in its own ports and waters, and, as

® Senate Documents, 2d Session 61st Congress, 47-7or.
SETTLEMENT OF INTERNATIONAL DISPUTES 245

to all persons within its jurisdiction, to prevent any violation of the
foregoing obligations and duties.”1°

It is then stated that the British Government does not admit
that the foregoing rules state the principles of international law
which were in force at the time when the claims arose, but, to
strengthen friendly relations, consents that “the Arbitrators
should assume that Her Majesty’s Government had undertaken
to act upon the principles set forth in these rules.” Both
parties then agree to observe these rules in the future and in-
vite other powers to do so. The next article provides that the
tribunal shall determine as to each vessel separately, whether
Great Britain had failed in the performance of its duties, and
if it found that it had that it might, if it thought proper, award
a sum in gross as damages. If the Arbitrators so found, but
failed to award a sum in gross, Article X provided for the
appointment of assessors to pass on the separate claims and
determine the compensation to be paid on each. No action
was necessary under this article, for the Arbitrators made an
award in gross. Both parties engaged to consider the decision
of the Arbitrators final and to abide by it.

Article XII of the treaty provides for the submission to
three Commissioners of all other war claims by citizens of the
United States against Great Britain, and by subjects of Great
Britain against the United States, one commissioner to be
named by each government and the third conjointly, and, if
they failed to agree, then the third should be named by the
Spanish Minister at Washington. The succeeding articles pro-
vide for the procedure before the Commissioners, and that a
majority may make an award which both parties agree shall
be binding and settle all the controversies over claims arising
during the war, whether presented to the Commissioners or not.

By Article XVIII inhabitants of the United States are given
the right to take fish on the coast and in the bays and harbours
of Quebec, Nova Scotia, New Brunswick, Prince Edward’s
and Magdalen Islands, with certain shore privileges and sub-
ject to exceptions named, and by Article XIX subjects of Great

10 Senate Documents, 2d Session, 61st Congress, 47, 703.
246 INTERNATIONAL RELATIONS

Britain were given like privileges on the coast of the United
States north of the thirty-ninth parallel of north latitude. It is
recited in Article XXII that it is claimed that the privileges
given to the United States under Article XVIII are more
valuable than those received by Great Britain under Articles
XIX and XXI, and it is thereupon agreed that a Commission
shall be appointed to determine the amount of compensation
that ought to be paid by the United States. These Commis-
sioners were to be appointed one each by the two governments
and the third by them jointly, and in case they failed to agree
then by the representative of the Emperor of Austria at Lon-
don. The procedure before this Commission is also regulated.

The treaty then provides for the free use of the Great Lakes
and the St. Lawrence, Yukon, Porcupine and Stikine rivers by
both parties, and for mutual trade and transportation privileges
along and near the boundary of the United States and the
British Possessions.

By Article XXXIV the controversy as to whether the boun-
dary between the territory of the two countries on the north-
west was in the Rosario Straits as claimed by Great Britain,
or in the Canal de Haro as claimed by the United States, was
submitted to the Emperor of Germany, with power to finally
decide the question.

Though the treaty provided for the submission of so many
matters to arbitration, it afforded a speedy and satisfactory
solution of all matters in dispute. The Emperor of Germany
decided in favor of the United States, thereby giving them the
disputed islands. This award was made October 21, 1872.

The main controversy concerning the Alabama claims was
determined with surprising expedition, and the award was
signed at Geneva September 14, 1872, by all the arbitrators
except Chief Justice Cockburn, the member appointed by Great
Britain. As this award had the effect of a final judgment in
a great controversy between two of the most powerful nations
on earth and deals with the questions of law and fact in detail,
it is of especial interest. After reciting the organization of the
tribunal the appearance of the agents of the parties and the
submission of the cases, counter cases, documents, evidence,
SETTLEMENT OF INTERNATIONAL DISPUTES 247

and arguments, and that the tribunal had arrived at the decision
embodied in the award, it proceeds as follows:—

“Whereas, having regard to the VIth and VIIth Articles of the said
treaty, the arbitrators are bound under the terms of the VIth article, “in
deciding the matters submitted to them, to be governed by the three rules
herein specified and by such principles of international law, not incon-
sistent therewith, as the arbitrators shall determine to have been ap-
plicable to the case.”

And whereas the “due diligence” referred to in the first and third of
said rules ought to be exercised by neutral Governments in exact pro-
Portion to the risks to which either of the belligerents may be exposed,
from a failure to fulfill the obligations of neutrality on their part;

And whereas the circumstances out of which the facts constituting
the subject matter of the present controversy arose were of a nature to
call for the exercise on the part of Her Britannic Majesty’s Government
of all possible solicitude for the observance of the rights and the duties
involved in the proclamation of neutrality issued by her Majesty on the
13th day of May, 1861.

And whereas the effects of a violation of neutrality committed by means
of the construction, equipment and armament of a vessel are not done
away with by any commission which the Government of the belligerent
power, benefited by the violation of the neutrality, may afterwards have
granted to that vessel; and the ultimate step, by which the offense is cum-
pleted cannot be admissible as a ground for the absolution of the offender,
nor can the consummation of his fraud become the means of establishing
his innocence;

And whereas the privilege of extraterritoriality accorded to vessels of
war has been admitted into the law of Nations, not as an absolute right,
but solely as a proceeding founded on the principle of courtesy and mutual
difference between different nations, and therefore can never be appealed
to for the protection of acts done in violation of neutrality;

And whereas the absence of a previous notice cannot be regarded as a
failure in any consideration required by the law of nations in those cases
in which a vessel carries with it its own condemnation;

And whereas in order to impart to any supplies of coal a character
inconsistent with the second rule prohibiting the use of neutral ports or
waters as a base of naval operations for a belligerent it is necessary that
the said supplies should be connected with special circumstances of time,
of persons, or of place, which may combine to give them such character;

And whereas with respect to the vessel called the Alabama, it clearly re-
sults from all the facts relative to the construction of the ship at first
designated by the number “290” in the port of Liverpool and its equipments
and armament in the vicinity of Terceira through the agency of the
vessels called the “Aggrippina” and the “Bahama,” dispatched from
248 INTERNATIONAL RELATIONS

Great Britain to that end, that the British Government failed to use due
diligence in the performance of its neutral obligations; and especially that
it omitted, notwithstanding the warnings and official representation made
by the diplomatic agents of the United States during the construction of
the said number “290”, to take in due time any effective measures of pre-
vention, and that those orders which it did give at last, for the detention
of the vessel, were issued so late that their execution was not practicable;

And whereas after the escape of that vessel, the measures taken for
its pursuit and its arrest were so imperfect as to lead to no result, and
therefore cannot be considered sufficient to release Great Britain from
the responsibility already incurred ;

And whereas, in spite of the violations of the neutrality of Great
Britain committed by the “290” this same vessel, later known as the
Confederate cruiser Alabama, was on several occasions freely admitted
into the ports of colonies of Great Britain, instead of being proceeded
against as it ought to have been in any and every port within British
jurisdiction in which it might have been found;

And whereas the Government of Her Britannic Majesty cannot justify
itself for a failure in due diligence on the plea of insufficiency of the
legal means of action which it possessed:

Four of the arbitrators for the reasons above assigned and the fifth for
the reasons separately signed by him,

Are of opinion—

That Great Britain has in this case failed by omission, to fulfill the
duties prescribed in the first and the third of the rules, established by the
Vith article of the treaty of Washington.

And whereas, with respect to the vessel called the “Florida” it results
from all the facts relative to the construction of the “Oreto” in the port
of Liverpool, and to its issue therefrom, which facts failed to induce the
authorities in Great Britain to resort to measures adequate to prevent
the violation of the neutrality of that nation, notwithstanding the warnings
and repeated representations of the agents of the United States, that Her
Majesty’s Government has failed to use due diligence to fulfill the duties
of neutrality;

And whereas it likewise results from all the facts relative to the stay
of the “Oreto” at Nassau, to her issue from that port, to her enlistment
of men, to her supplies, and to her armament, with the codperation of the
British vessel “Prince Alfred” at Green Cay, that there was negligence on
the part of the British colonial authorities:

And whereas, notwithstanding the violation with Great Britain com-
mitted by the Oreto, his same vessel later known as the confederate cruiser
Florida, was nevertheless on several occasions freely admitted into the
ports of British colonies;

And whereas the judicial acquittal of the “Oreto” at Nassau cannot
relieve Great Britain from the responsibility incurred by her under the
SETTLEMENT OF INTERNATIONAL DISPUTES 249

principles of international law; nor can the fact of the entry of the
Florida into the confederate port of Mobile, and of its stay there during
four months extinguish the responsibility previous to that time incurred
by Great Britain;

For these reasons,

The tribunal by a majority of four voices to one is of opinion—

That Great Britain has in this case failed by omission to fulfill the duties
Prescribed in the first, in the second, and in the third of the rules estab-
lished by article VI of the treaty of Washington.

And whereas, with respect to the vessel called the “Shenandoah”, it
results from all the facts relative to the departure from London of the
merchant vessel “The Sea King” and to the transformation of that ship
into a confederate cruiser under the name of the Shenandoah near the
island of Madeira, that the Government of Her Britannic Majesty is not
chargeable with any failure, down to that date, in the use of all diligence
to fulfill the duties of neutrality;

But whereas it results from all the facts connected with the stay of the
Shenandoah at Melbourne, and especially with the augmentation which the
British Government itself admits to have been clandestinely effected of
her force, by the enlistment of men within that port, that there was
negligence on the part of the authorities of that place:

For these reasons,

The tribunal is unanimously of opinion—

That Great Britain has not failed by any act or omission, “to fulfill
any of the duties prescribed by the three rules of article VI in the treaty
of Washington or by the principles of law not inconsistent therewith, in
respect to the vessel called the Shenandoah, during the period of time
anterior to her entry into the port of Melbourne;

And by a majority of three to two voices, the tribunal decides that
Great Britain has failed, by omission to perform the duties prescribed
by the second and third of rules aforesaid, in the case of this same vessel,
from and after her entry into Hobson’s Bay, and is therefore responsible
for all acts committed by that vessel after her departure from Melbourne
on the 18th day of February 1865.

And as far as relates to the vessels called—The Tuscaloosa, (tender to
the Alabama), The Clarence, The Tacony and The Archer (tenders to
the Florida),

The tribunal is unanimously of the opinion— e

That such tenders or auxiliary vessels, being properly regarded as
accessories, must necessarily follow the lot of their principals, and be
submitted to the same decision which applies to them respectively.

And so far as relates to the vessel called “Retribution,”

The tribunal by a majority of three to two voices is of opinion—

That Great Britain has not failed by any act or omission to fulfill any
of the duties prescribed by the three rules of article VI in the treaty of
250 INTERNATIONAL RELATIONS

Washington, or by the principles of international law not inconsistent
therewith.

And so far as relates to the vessels called—The Georgia, The Sumter,
The Nashville, The Tallahassee, and the Chickamauga, respectively,

The tribunal is unanimously of opinion—

That Great Britain has not failed, by any act or omission to fulfill
any of the duties prescribed by the three rules of articles VI in the treaty
of Washington or by the principles of international law not inconsistent
therewith.

And so far as relates to the vessels called—The Sallie, The Jefferson
Davis, The Music, The Boston and the V. H. Joy, respectively,

The tribunal is unanimously of opinion—

That they ought to be excluded from consideration for want of evidence.

And whereas, so far as relates to the particulars of the indemnity
claimed by the United States, the cost of pursuit of the confederate
cruisers are not, in the judgment of the tribunal, properly distinguishable
from the general expenses of the war carried on by the United States.

The tribunal is therefore of opinion, by a majority of three to two
voices—

That there is no ground for awarding to the United States any sum by
way of indemnity under this head.

And whereas prospective earnings cannot properly be made the sub-
ject of compensation, inasmuch as they depend in their nature upon
future and uncertain contingencies:

The tribunal is unanimously of opinion—

That there is no good ground for awarding to the United States any
sum by way of indemnity under this head.

And whereas in order to arrive at an equitable compensation for the
damages which have been sustained, it is necessary to set aside all
double claims for the same losses, and all claims for “gross freights”
so far as they exceed “net freights” ;

And whereas it is just and reasonable to allow interest at a reasonable
rate;

And whereas, in accordance with the spirit and letter of the treaty of
Washington, it is preferable to adopt the form of adjudication of a sum
in gross, rather than refer the subject of compensation for a further
discussion and deliberation to a board of assessors, as provided by article
X. of the said treaty;

The tribunal, making use of the authority conferred upon it by article
VII. of the said treaty, by a majority of four voices to one awards to the
United States a sum of $15,500,000 in gold as the indemnity to be paid
by Great Britain to the United States, for the satisfaction of all the
claims referred to the consideration of the tribunal, conformably to the
provisions contained in article VII. of the aforesaid treaty.

And, in accordance with the terms of article XI. of the said treaty, the
SETTLEMENT OF INTERNATIONAL DISPUTES 251

tribunal declares that “‘all the claims referred to in the treaty as submitted
to the tribunal are hereby fully, perfectly, and finally settled.”

Further it declares, that “each and every one of the said claims, whether
the same may or may not have been presented to the notice of, or made,
peferred, or laid before the tribunal, shall henceforth be considered and
treated as finally settled, barred, and inadmissible.”11

This award was signed by Chas. Francis Adams, Frederick
Sclopis, Stampfli and Vicomte d’Itajuba. It will be observed
that its form complies in all essential particulars with the forms
commonly used in the judgments and decrees of the courts of
Great Britain and the United States, and disposes of all the
questions in detail, except that it does not apportion the sum
allowed the private claimants, but leaves its distribution to the
government of the United States.

The commission provided for in articles XII to XVII, to
which was submitted the other claims growing out of the war,
held its final meeting on September 25, 1873, and awarded to
Great Britain $1,929,819 in gold, and disallowed all claims of
citizens of the United States against Great Britain.” The
commission provided for in articles XXII to XXV met at
Halifax, Nova Scotia, June 15, 1877, and on November 23,
1877, awarded to Great Britain $5,500,000 in gold for the dif-
ference in value of the fishing privileges granted by the treaty.**

Only the year before that in which this treaty, which so
happily settled this long list of controversies between the two
great English speaking nations, Great Britain, pursuant to the
Protocol of the treaty of Paris of 1856 hereinbefore men-
tioned, appealed to both France and Prussia to arbitrate their
differences. Napoleon III was then on the throne of France.
He took offence at the choice of a Hohenzollern to the throne
of Spain and was not satisfied with the mere non-acceptance
of the throne, but insisted on guarantees from Prussia that
such a dynastic combination should not be made in the future.
Prussia refused and the war so disastrous to France followed.

11Senate Documents, 2d Session, 61 Congress, 47-718.
12 Senate Documents, 2d Session, 61 Congress, 47-705.
13 Senate Documents, 2d Session, 61 Congress, 47-709.
14 Halleck’s Int. Law 1. 500.
252 INTERNATIONAL RELATIONS

Good offices, meditation or arbitration could not serve the pur-
poses of imperial ambition.

THE Fur SEAL FISHERIES

The fur-seal fisheries in Behring’s Sea gave rise to various
questions between Great Britain and the United States, which
the governments were unable to settle by diplomacy. The seals
resorted to the islands to breed, but went far out on the sea
where they were taken by fishermen. The United States
claimed the right to regulate the taking and prevent the destruc-
tion of them. This claim was denied by Great Britain. A
treaty was concluded February 29, 1892, submitting the ques-
tions on which the governments differed to seven arbitrators,
two each to be appointed by the respective governments, one by
the President of France, one by the King of Italy, and the other
by the King of Sweden and Norway. The sixth article of the
treaty states five points to be decided by the arbitrators —

“1, What exclusive jurisdiction in the sea now known as Behring’s
Sea, and what exclusive rights in the seal fisheries therein, did Russia
assert and exercise prior and up to the time of the cession of Alaska to
the United States?

2. How far were those claims of jurisdiction as to the seal fisheries
recognized and conceded by Great Britain?

3. Was the body of water now known as Behring’s Sea included
in the phrase “Pacific Ocean” as used in the treaty of 1825 between Great
Britain and Russia; and what rights, if any, in the Behring Sea were
held and exclusively exercised by Russia after said treaty?

4. Did not all the rights of Russia as to jurisdiction, and as to the seal
fisheries in Behring’s Sea east of the water boundary, in the treaty between
the United States and Russia on the 3oth of March, 1867, pass unimpaired
to the United States under that Treaty?

5. Has the United States any right, and if so, what right of protec-
tion or property in the fur-seals frequenting the islands of the United
States in Behring Sea when such seals are found outside the ordinary
three-mile limit ?”15

The arbitrators decided “that the United States has not any
right of protection or property in the fur-seals frequenting the
islands of the United States in Behring Sea, when such seals
are found outside the ordinary three-mile limit.” Pursuant to

15 Senate Documents, 2d Session, 61st Congress, 47-748.
SETTLEMENT OF INTERNATIONAL DISPUTES 253

other ‘provisions of the treaty the arbitrators decided that con-
current regulations outside the jurisdiction limits of the respec-
tive governments were necessary and included in their award
nine articles providing among other things that both govern-
ments should forbid their citizens and subjects to kill, capture
or pursue at any time seals within sixty geographical miles of
the Pribilov Islands; or to kill, capture or pursue them during
the season from May 1 to July 31 on the high sea in the part
of the Pacific Ocean, inclusive of Behring Sea, which is situated
to the North of the 35th degree of north latitude and eastward
of the 180th degree of longitude from Greenwich till it strikes
the water boundary described in Article I of the treaty of
1867 between the United States and Russia: that only sailing
vessels should be permitted to take seals, and that each such
vessel should procure a license from its government; that the
use of nets, fire arms and explosives should be forbidden, ex-
cept that shot guns might be used outside of Behring’s sea.*®

The award did not fully dispose of all matters of disagree-
ment on the subject of the seal fisheries, but enabled them to
agree on temporary regulations for the prevention of the ex-
termination of the seals. It decided adversely to the United
States all claims of exclusive jurisdiction over the high seas.
Nor does it recognize any right in both governments acting in
concert to make rules governing persons other than their own
citizens and subjects. The high seas being the common
property of all nations, the regulation of their use requires the
joint action of all of them. The award did not dispose of the
claims made against the United States for seizures and inter-
ference with the operations of British subjects. These claims
were subsequently referred to a commission which on Decem-
ber 17, 1897, awarded the claimants $473,151.26 against the
United States.*”.

The two governments being unable to agree on the boundary
line between Alaska and the British Dominions appointed a
tribunal of six jurists, three of them named by each govern-

16 Senate Documents, 2d Session, 61 Congress, 47-751.
17 Senate Documents, 2d Session, 61 Congress, 47-770.
254 INTERNATIONAL RELATIONS

ment, to determine the line. This tribunal, although composed
entirely of nationals of the two parties, made an award which
settled the controversy.

The success of these arbitrations and of those determining
matters in difference between Great Britain and Venezuela,
treaty of 1897, between the Argentine Republic and Chile,
treaty of 1902, led to a feeling among diplomats of great con-
fidence in the efficacy of arbitration as a means for the settle-
ment of international disputes. The tripartite arbitration of
the Samoan claims which, pursuant to the treaty concluded
November 7, 1899, between the United States, Germany, and
Great Britain, was submitted to the King of Sweden and Nor-
way as sole arbitrator, resulted in a decision in favor of Ger-
many on October 14, 1902. King Oscar held that the military
operations of Great Britain and the United States between
1 January and 13 May, 1899, were unwarranted under the
treaty between the three powers concluded at Berlin June 14,
1889, and the principles of international law. This arbitration
was notable because it submitted to a single arbitrator a ques-
tion as to the rightfulness or wrongfulness of the military
operations of two of the greatest nations in the world as affect-
ing the subjects of a third great nation. There was plausible
ground for making the claim that this was not a justiciable
matter because it involved the honor of Great Britain and the
United States, but no such claim was made and the contro-
versy was settled by this award.**

The marked success of arbitration in bringing about speedy
and complete settlement of so many controversies which might
have been treated as grounds for war, induced the second
Hague Conference to devote great care and attention to arbi-
tration as a means to be resorted to by all nations for determin-
ing those questions that they were unable to settle by diplomacy.
But the convention finally agreed on does not bind the nations
to submit any class of disputes to arbitration. It merely ap-
proves and recommends it, provides a tribunal which may be
resorted to if the parties so agree, and furnishes rules of pro-

18 Senate Documents, 2d Session 61st Congress, 48-1591.
SETTLEMENT OF INTERNATIONAL DISPUTES 255

cedure to be followed where the parties do not make different
provisions.

Recent history illustrates with equal force the need of other
more drastic and efficient measures for the prevention of war
than the facilities for arbitration afforded by the Hague
tribunal. Only a short time before the meeting of the first
Hague Conference there was war between China and Japan,
1894-1895. This was between Asiatic powers, who were not
presumed by western nations to be familiar with this method
of settling differences. But in 1898 there was war between
the United States, which had been a party to so many arbitra-
tions and was so thoroughly familiar with their uses and ad-
vantages, and Spain, the country with which it had made an
arbitration agreement as early as 1795.

In October of the year of the first Hague Conference, 1899,
Great Britain, the other party to these most notable arbitra-
tions, had the Boer war in South Africa, which was not finally
settled until 1902. Then followed the war between Russia and
Japan and the fighting in the Balkans.
CHAPTER VIL

THE HAGUE CONFERENCES

International codperation seemed to be advancing by great
strides during the last half of the nineteenth century. Con-
ferences of diplomatic representatives of large numbers of the
leading nations were held with great frequency for the pur-
pose of making needed provisions in the interest of all. As
results of these conferences governmental agencies acting in
behalf of many and even of all the nations of the earth were
established with various functions. The International Bureau
of Weights and Measures at Paris gave exactness to the stand-
ard on which the metric system was founded and provided for
prototypes by which the measures in use in the various coun-
tries could be tested. Though the use of this system was not
universal it was most nearly so of any, and it was the most com-
plete and scientific system ever adopted anywhere. The ad-
vantages of the convention are open to every nation not a party
to it on the same terms as the signatory powers. The plan of
formulating conventions applicable alike to the needs of all
countries by the representatives of a considerable number of
states and inviting the adhesion of those not represented at the
conference appears to be a very modern and very excellent
method of bringing about general agreements, and has come
into quite general use. The Bureau is designed to be a per-
manent institution, available to all the nations. This was
followed by the convention for the protection of submarine
cables which dealt with the common property of all the nations,
but did not establish any common governmental agency. The
general act for the repression of the African slave trade dealt
with a subject very different from either of the others just
named, covering a very wide field of great importance. It
established an international office at Zanzibar, and made a
branch of the foreign office at Brussels an agency for the col-
THE HAGUE CONFERENCES 257

lection of expenses and the exchange of documents and in-
formation connected with the operations provided for in the
convention. It invited the adherence of the powers which
were not parties to it. As the result of it the slave trade is
substantially at an end. The convention providing for the
publication of customs tariffs established an International Bu-
reau at Brussels to translate and publish the customs tariffs of
the various states of the globe and furnish them to the nations
joining in the convention. Other powers are invited to accede
to the convention and provision is made for a division of the
expenses connected with the work of the bureau among all the
powers taking advantage of the facilities it affords. The
Union is to continue for seven years and if not denounced
for succeeding periods of seven years.

The International Postal Union with its permanent Bureau
at Berne had become world-wide in its operations and a most
gratifying success in every way. Through it all the nations
cooperated in facilitating commercial and social correspond-
ence between their people. The conventions for the safety of
life at sea resulted in great reduction of the perils of naviga-
‘tion and tended to close and intimate union of effort by the
governments to formulate and enforce rules of common safety.
No similar combinations for the general welfare of all had
ever before been effected. Judged by the success of these
international measures the task of uniting all the nations to
promote their common interests appeared entirely practicable.

But the primal purpose of government, protection from
hostile aggression and preservation of peace, had not been pro-
vided for by any general international agreement. The very
gratifying success achieved through resort to arbitration in-
duced the belief by many earnest seekers of an alternative for
war that arbitration could be made to furnish the needed relief.
Though the world had advanced very rapidly in population
and in the development of industries, though the discoveries
of rich mines of gold in Alaska, South Africa and elsewhere,
and the vast productions of silver throughout the world had
greatly increased the volume of metallic money in use, though
the sentiment of mankind had become more and more opposed
258 INTERNATIONAL RELATIONS

to war as a means of determining any question, militarism in
Europe continued to increase and the resources of the nations
were wasted in ceaseless preparation for war. Germany led
in preparation for war on land. Its whole male population
was subjected to thorough military discipline, and all its in-
dustries and means of communication were adjusted to the
requirements of military operations. By far the greater part
of all the public revenues were expended on the military and
naval establishments. Neighboring nations made correspond-
ing efforts to be prepared for the emergency of war. Great
Britain expended vast sums to maintain its dominion of the
seas, with but little attention to land forces. Russia with by
far the greatest area of contiguous territory and the largest
home population needed all its revenues and the energies of all
its leaders for internal development, the promotion of new in-
dustries, the education of its vast multitudes of illiterate people,
and the reformation of its governmental system. Though it
had more men for its armies than any other European nation, it
was not nearly so well equipped for the production of munitions
as its German neighbors. Feeling the need of all its means
for better uses than war the Czar and his advisers proposed an
international conference to bring about concerted action of
all the powers for the maintenance of peace between nations,
the reduction of armaments and the amelioration of the hard-
ships of war. This proposal was responded to by Germany,
Austria-Hungary, Belgium, Denmark, Spain, Portugal, Roum-
ania, Servia, France, Great Britain, Greece, Italy, Luxemburg,
Montenegro, the Netherlands, Sweden and Norway, Switzer-
land, Turkey, and Bulgaria, of the European nations, by China,
Japan, Persia and Siam of the Asiatic nations, and by the
United States and Mexico, of America. Central and South
America were not represented. The conference assembled at
The Hague on May 18, 1899; it was presided over by Baron
de Staal of Russia and its sessions continued until July 29th,
with one hundred delegates in attendance. No such gathering
of diplomats had ever before been assembled, and great hopes
were entertained of its ability to accomplish in the field of
international pacification results similar to those already
THE HAGUE CONFERENCES 259

achieved in the lines above mentioned. The work of the con-
ference resulted in the signing by all the nations represented of
a general act consisting of three conventions, three declara-
tions and six resolutions. The first of the conventions was for
the pacific settlement of international disputes, the second,
for the adaptation to maritime warfare of the principles of
the Geneva convention,’ and the third with respect to the laws
and customs of war on land.* The first and most important
of these provided for the establishment of a Permanent Court
of Arbitration at the Hague, with a Permanent Administra-
tive Council, composed of the diplomatic representatives of
the signatory powers accredited to the Hague and an Interna-
tional Bureau under its direction. The three declarations pro-
hibit the use of projectiles or explosives from balloons for a
period of five years; the employment of projectiles which
diffuse asphyxiating or other deleterious gases; and the use
of bullets which expand or flatten easily in the human body.
The six resolutions express the opinion that the military bur-
dens which now weigh so heavily on the world may be light-
ened, in the interest of the moral and material well-being of
humanity; that the duties of neutrals, the inviolability of
private property in maritime warfare, and the question of the
bombardment of towns should be referred to a future con-
ference,‘ and that the questions of the types and calibres of
maritime artillery and small arms and the size of naval and
military budgets should be studied with a view to establishing
uniformity in the former and a reduction of the latter.

The Permanent Court of Arbitration was duly organized
and the United States and Mexico were the first powers to re-
sort to it for the settlement of a matter of difference between
them in the summer of 1902. (1) It has since been resorted
to by other nations én various occasions.

All these conventions were superseded by others on the same
subjects adopted at the second Hague conference. On October

1Senate Documents, 2d Session, 61st Congress, 48, 2016.

21d. 48, 2035.

31d. 48, 2042.
4 Messages and Papers of the Presidents, XI, 371.
260 INTERNATIONAL RELATIONS

21, 1904, the United States proposed to the other powers a
second peace conference. This conference met at The Hague
on June 15, 1907, on the invitation of the Czar of Russia and
the Queen of the Netherlands, extended pursuant to the pro-
posal of the President of the United States. It was presided
over by the Russian ambassador at Paris, M, Nelidoff and
continued its sessions till October 18, 1907.

At this Conference the following Powers were represented
and took part: Germany, United States, Argentine Republic,
Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile,
China, Colombia, Cuba, Denmark, The Dominican Republic,
Ecuador, Spain, France, Great Britain, Greece, Guatemala,
Hayti, Italy, Japan, Luxemburg, Mexico, Montenegro, Nica-
ragua, Norway, Panama, Paraguay, The Netherlands, Peru,
Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam,
Sweden, Switzerland, Turkey, Uruguay and Venezuela, num-
bering forty-four in all.

At a series of meetings held from June 15 to October 18,
fourteen conventions were drawn up and submitted for sig-
nature by the Plenipotentiaries as follows:

I. Convention for the Pacific Settlement of International
Disputes.

2. Convention respecting the Limitation of the Employ-
ment of Force for the Recovery of Contract Debts.

3. Convention relative to the Opening of Hostilities.

4. Convention respecting the Laws and Customs of War
on Land.

5. Convention respecting the Rights and Duties of Neutral
Powers and Persons in case of War on Land.

6. Convention relating to the Status of Enemy Merchant
Ships at the outbreak of Hostilities. :

7. Convention relative to the Conversion of Merchant-
Ships into War-Ships.

8. Convention relative to the Laying of Automatic Sub-
marine Contact Mines.

g. Convention respecting Bombardment by Naval Forces
in Time of War.
o

THE HAGUE CONFERENCES 261

10. Convention for the adaptation to Naval War of the
Principles of the Geneva Convention.

11. Convention relative to Certain Restrictions with regard
to the Exercise of the Right of Capture in Naval War.

12. Convention relative to the creation of an International
Prize Court.

13. Convention concerning the Rights and Duties of
Neutral Powers in Naval War.

14. Declaration prohibiting the discharge of Projectiles
and Explosives from Balloons.

Full copies of these convention are given below and they
will be considered in their order. The first continued the Per-
manent Court of Arbitration which is still maintained.

CoNVENTION FOR THE Paciric SETTLEMENT oF INTERNATIOAL DisPuTES

Article 1. With a view to obviating as far as possible recourse to
force in the relations between States, the Contracting Powers agree to
use their best efforts to ensure the pacific settlement of international
differences.

Art. 2. In case of serious disagreement or dispute, before an appeal
to arms, the Contracting Powers agree to have recourse, as far as cir-
cumstances allow, to the good offices or meditation of one or more friendly
Powers.

Art. 3. Independently of this recourse, the Contracting Powers deem it
expedient and desirable that one or more Powers, strangers to the dispute,
should, on their own initiative and as far as circumstances may allow,
offer their good offices or mediation to the States at variance.

Powers strangers to the dispute have the right to offer good offices
or mediation even during the course of hostilities.

The exercise of this right can never be regarded by either of the parties
in the dispute as an unfriendly act.

Art. 4. The part of the mediator consists in reconciling the opposing
claims and appeasing the feelings of resentment which may have arisen
between the States at variance.

Art. 5. The functions of the mediator are at an end when once it is
declared, either by one of the parties to the dispute or by the mediator
himself, that the means of reconciliation proposed by him are not ac-
cepted.

Art. 6. Good offices and mediation undertaken, either at the request
of the parties in dispute or on the initiative of Powers strangers to the
dispute have exclusively the character of advice, and never have binding

force.
262 INTERNATIONAL RELATIONS

Art. 7. The acceptance of mediation cannot, unless there be an agree-
ment to the contrary, have the effect of interrupting, or hindering mobiliza-
tion or other measures of preparation for war.

Jf it takes place after the commencement of hostilities, the military
operations in progress are not interrupted in the absence of any agree-
ment to the contrary.

Art. 8. The Contracting Powers are agreed in recommending the
application, when circumstances allow, of special mediation in the follow-
ing form:—

In case of a serious difference endangering peace, the States at variance
choose a Power, to which they entrust the mission of entering into direct
communication with the Power chosen on the other side, with the object
of preventing the rupture of pacific relations.

For the period of this mandate, the term of which, unless otherwise
stipulated, cannot exceed thirty days, the States in dispute cease from
all direct communication on the subject of the dispute, which is regarded as
referred exclusively to the mediating Powers, which must use their best”
efforts to settle it.

In case of a definite rupture of pacific relations, these Powers are
charged with the joint task of taking advantage of any opportunity to
restore peace.

Part III. International Commission of Inquiry

Art. 9. In disputes of an international nature involving neither honor
nor vital interests, and arising from a difference of opinion on points of
fact, the Contracting Powers deem it expedient and desirable that the
parties who have not been able to come to an agreement by means of
diplomacy, should, as far as circumstances allow, institute an Interna-
tional Commission of Inquiry, to facilitate a solution of these disputes
by elucidating the facts by means of an impartial and conscientious in-
vestigation.

Art. 10. International Commissions of Inquiry are constituted by
special agreement between the parties in dispute.

The Inquiry Convention defines the facts to be examined; it determines
the mode and time in which the Commission is to be formed and the ex-
tent of the powers of the Commissioners.

It also determines, if there is need, where the Commission is to sit, and
whether it may remove to another place, the language the Commission shall
use and the languages the use of which shall be authorized before it, as
well as the date on which each party must deposit its statement of facts,
and, generally speaking, all the conditions upon which the parties have
agreed, i ya 8 {

If the parties consider it necessary to appoint Assessors, the Conven-
tion of Inquiry shall determine the made of their selection and the extent
of their powers.
THE HAGUE CONFERENCES 263

Art. 11. If the Inquiry Convention has not determined where the Com-
mission is to sit, it will sit at The Hague.

The place of meeting, once fixed, cannot be altered by the Commission
except with the assent of the parties.

If the Inquiry Convention has not determined what languages are to
be employed, the question shall be decided by the Commission.

Art. 12. Unless an undertaking is made to the contrary, Commissioners
of Inquiry shall be formed in the manner determined by articles 45 and
57 of the present Convention.

Art. 13. Should one of the Commissioners or one of the Assessors,
should there be any, either die, or resign, or be unable for any reason to
discharge his functions, the same procedure is followed for filling the
vacancy as was followed for appointing him.

Art. 14. The parties are entitled to appoint special agents to attend
the Commission of Inquiry, whose duty it is to represent them and to
act as intermediaries between them and the Commission.

They are further authorized to engage counsel or advocates, appointed
by themselves, to state their case and uphold their interests before the
Commission.

Art. 15. The International Bureau of the Permanent Court of Arbitra-
tion acts as registry for the Commissions which sit at The Hague, and
shall place its offices and staff at the disposal of the Contracting Powers
for the use of the Commission of Inquiry.

Art. 16. If the Commission meets elsewhere than at The Hague, it
appoints a Secretary-General, whose office serves as registry.

It is the function of the registry, under the control of the President,
to make the necessary arrangements for the sittings of the Commission,
the preparation of the Minutes, and, while the inquiry lasts, for the
charge of the archives, which shall subsequently be transferred to the
International Bureau at The Hague.

Art. 17. In order to facilitate the constitution and working of Com-
missions of Inquiry, the Contracting Powers recommend the following
rules, which shall be applicable to the inquiry procedure in so far as the
parties do not adopt other rules.

Art. 18 The Commission shall settle the details of the procedure not
covered by the special Inquiry Convention or the present Convention,
and shall arrange all the formalities required for dealing with the evidence.

Art. 19. On the inquiry both sides must be heard.

At the dates fixed, either party communicates to the Commission and
to the other party the statements of fact, if any, and, in all cases, the
instruments, papers, and documents which it considers useful for ascer-
taining the truth, as well as a list of witnesses and experts whose evidence
it wishes to be heard.

Art. 20. The Commission is entitled, with the assent of the Powers,
to move temporarily to any place where it considers it may be useful to
264 INTERNATIONAL RELATIONS

have. recourse to this means of inquiry or to send one or more of its
members. Permission must be obtained from the State on whose territory
it is proposed to hold the inquiry.

Art. 21. Every investigation, and every examination of a locality, must
be in the presence of the agents and counsel of the parties or after they
have been duly summoned.

-Art, 22, The Commission is entitled to ask from either party for such
explanations and information as it considers necessary.

‘Art. 23. The parties undertake to supply the Commission of Inquiry, as
fully as they may think possible, with all means and facilities necessary
to enable it to become completely acquainted with, and to accurately
understand, the facts in question.

They undertake to make use of the means at their disposal, under their
municipal law, to insure the appearance of the witnesses or experts who
are in their territory and have been summoned before the Commission.

If the witnesses or experts are unable to appear before the Commission,
the parties will arrange for their evidence to be taken before the qualified
officials of their own country.

Art. 24. For all notices to be served by the Commission in the ter-
ritory of a third Contracting Power, the Commission shall apply direct to
the Government of the said Power. The same rule applies in the case of
steps being taken on the spot to procure evidence.

The requests for this purpose are to be executed so far as the means
at the disposal of the Power applied to under its municipal law allow.
They cannot be rejected unless the Power in question considers they are
calculated to impair its sovereign rights or its safety.

The Commission will equally be always entitled to act through the
Power on whose territory it sits,

Art. 25. The witnesses and experts are summoned on the request of
the parties or by the Commission of its own motion, and, in every case,
through the Government of the State in whose territory they are.

The witnesses are heard in succession and separately, in the presence
of the agents and counsel, and in the order fixed by the Commission.

Art. 26. The examination of witnesses is conducted by the President.

The members of the Commission may however put to each witness
questions which they consider likely to throw light on and complete his
evidence, or get information on any point concerning the witness within
the limits of what is necessary in order to get at the truth.

The agents and counsel of the parties may not interrupt the witness
when he is making his statement, nor put any direct question to him, but
they may ask the President to put such additional questions to the witness
as they think expedient.

Art. 27, The witness must give his evidence without being allowed
to read any written draft. He may, however, be permitted by the President
to consult notes or documents if the nature of the facts referred to neces-
sitates their employment.
THE HAGUE CONFERENCES 265

Art. 28. A Minute of the evidence of the witness is drawn up forth-
with and read to the witness. The latter may make such alterations and
additions as he thinks necessary, which will be recorded at the end of
his statement.

When the whole of his statement has been read to the witness, he is
asked to sign it.

Art. 29. The agents are authorized, in the course of or at the close of
the inquiry, to present in writing to the Commission and to the other
party such statements, requisitions, or summaries of the facts as they
consider useful for ascertaining the truth.

Art. 30. The Commission considers its decisions in private and the
proceedings are secret.

All questions are decided by a majority of the members of the Com-
mission.

If a member declines to vote, the fact must be recorded in the Minutes.

Art. 31. The sittings of the Commission are not public, nor the Minutes
and documents connected with the inquiry published except in virtue of
a decision of the Commission taken with the consent of the parties.

Art. 32. After the parties have presented all the explanations and
evidence, and the witnesses have all been heard, the President declares
the inquiry terminated, and the Commission adjourns to deliberate and
to draw up its Report.

Art. 33. The Report is signed by all the members of the Commission.
If one of the members refuses to sign, the fact is mentioned; but the
validity of the Report is not affected.

Art. 34. The Report of the Commission is read at a public sitting, the
agents and counsel of the parties being present or duly summoned.

A copy of the Report is given to each party.

Art. 35. The report of the Commission is limited to a statement of
facts, and has in no way the character of an Award. It leaves the parties
entire freedom as to the effect to be given to the statement.

Art. 36. Each party pays its own expenses and an equal share of the
expenses incurred by the Commission.

Part IV. International Arbitration

Chapter I—The System of Arbitration

Art. 37. International arbitration has for its object the settlement of
disputes between States by Judges of their own choice and on the basis
of respect for law.

Recourse to arbitration implies an engagement to submit in good faith
to the Award.

Art. 38. In questions of a legal nature, and especially in the interpre-
tation or application of International Conventions, arbitration is recog-
nized by the Contracting Powers as the most effective, and, at the same
266 INTERNATIONAL RELATIONS

time, the most equitable means of settling disputes which diplomacy has
failed to settle.

Consequently, it would be desirable that, in disputes about the above
mentioned questions, the Contracting Powers should, if the case arose,
have recourse to arbitration, in so far as circumstances permit.

Art. 39. The Arbitration Convention is concluded for questions already
existing or for questions which may arise eventually.

It may embrace any dispute or only disputes of a certain category.

Art. 40. Independently of general or private Treaties expressly stip-
ulating recourse to arbitration as obligatory on the Contracting Powers,
the said Powers reserve to themselves the right of concluding new Agree-
ments, general or particular, with a view to extending compulsory ar-
bitration to all cases which they may consider it possible to submit to it.

Chapter II—The Permanent Court of Arbitration

Art. 41. With the object of facilitating an immediate recourse to
arbitration for international differences, which it has not been possible
to settle by diplomacy, the Contracting Powers undertake to maintain the
Permanent Court of Arbitration, as established by the First Peace Con-
ference, accessible at all times, and operating, unless otherwise stipulated
by the parties, in accordance with the rules of procedure inserted in the
present Convention.

Art. 41. The Permanent Court is composed for all arbitration cases,
unless the parties agree to institute a special Tribunal.

Art. 42. The Permanent Court sits at The Hague.

An International Bureau serves as registry for the Court. It is the
channel for communications relative to the meetings of the Court; it has
charge of the archives and conducts all the administrative business.

The Contracting Powers undertake to communicate to the Bureau, as
soon as possible, a certified copy of any conditions of arbitration arrived
at between them and of any Award concerning them delivered by a special
Tribunal.

They likewise undertake to communicate to the Bureau the laws,
regulations, and documents eventually showing the execution of the
Awards given by the Court.

Art. 43. Each Contracting Power selects four persons at the most, of
known competency in questions of international law, of the highest moral
reputation, and disposed to accept the duties of Arbitrator.

The persons thus selected are inscribed, as members of the Court, in a
list which shall be notified to all the Contracting Powers by the Bureau.

Any alteration in the list of Arbitrators is brought by the Bureau to
the knowledge of the Contracting Powers. Two or more Powers may
agree on the selection in common of one or more members.

The same person can be selected by different Powers. The members
THE HAGUE CONFERENCES 267

of the Court are appointed for a term of six years. These appointments
are renewable.

Should a member of the Court die or resign, the same procedure is
followed for filling the vacancy as was followed for appointing him.
In this case the appointment is made for a fresh period of six years.

Art. 45. When the Contracting Powers wish to have recourse to the
Permanent Court for the settlement of a difference which has arisen
between them, the Arbitrators called upon to form the Tribunal with
jurisdiction to decide this difference must be chosen from the general
list of members of the Court.

Failing the direct agreement of the parties on the composition of the
Arbitration Tribunal, the following course shall be pursued :—

Each party appoints two Arbitrators, of whom one only can be its
national, or chosen from among the persons selected by it as members
of the Permanent Court. These Arbitrators together chaose an Umpire.

If the votes are equally divided, the choice of the Umpire is intrusted to
a third Power, selected by the parties by common accord.

If an agreement is not arrived at on this subject each party selects a
different Power, and the choice of the Umpire is made in concert by the
Powers thus selected.

If, within two months’ time, these- two Powers cannot come to an
agreement, each of them presents two candidates taken from the list of
members of the Permanent Court, exclusive of the members selected by the
parties and not being nationals of either of them. Drawing lots determines
which of the candidates thus presented shall be Umpire.

Art. 46. The Tribunal being thus composed, the parties notify to the
Bureau their determination to have recourse to the Court, the text of their
“Compromis,” and the names of the Arbitrators.

The Bureau communicates without delay to each Arbitrator the “Com-
promis,” and the names of the other members of the Tribunal.

The Tribunal assembles at the date fixed by the parties. The Bureau
makes the necessary arrangements for the meeting.

The members of the Tribunal, in the exercise of their duties and out
of their own country, enjoy diplomatic privileges and immunities.

Art. 47. ‘The Bureau is authorized to place its offices and staff at the
disposal of the Contracting Powers for the use of any special Board of
Arbitration.

The jurisdiction of the Permanent Court may, within the conditions laid
down in the regulations, be extended to disputes between non-Contracting
Powers or between Contracting Powers and non-Contracting Powers, if
the parties are agreed on recourse to this Tribunal.

Art. 48. The Contracting Powers consider it their duty, if a serious
dispute threatens to break out between two or more of them, to remind
these latter that the Permanent Court is open to them.

‘Consequently they declare that the fact of reminding the parties at
268 INTERNATIONAL RELATIONS

variance of the provisions of the present Convention, and the advice
given to them, in the highest interest of peace, to have recourse to the
Permanent Court, can only be regarded as friendly actions.

In case of dispute between two Powers, one of them can always address
to the International Bureau a note containing a declaration that it would
be ready to submit the dispute to arbitration.

The Bureau must at once inform the other Power of the declaration.

Art. 49. The Permanent Administrative Council, composed of the
Diplomatic Representatives of the Contracting Powers accredited to The
Hague and the Netherlands Minister for Foreign Affairs, who will act
as President, is charged with the direction and control of the International
Bureau.

The Council settles its rules of procedure and all other necessary
regulations. :

It decides all questions of administration which may arise with reference
to the operations of the Court.

It has entire control over the appointment, suspension, or dismissal of
the officials and employes of the Bureau.

It fixes the payments and salaries, and controls the general expenditure.

At meetings duly summoned the presence of nine members is sufficient
to render valid the discussions of the Council. The decisions are taken by
a majority of votes.

The Council communicates to the Contracting Powers without delay
the regulations adopted by it, it furnishes them with an annual report on
the labours of the Court, the working of the administration, and the
expenditure. The Report likewise contains a résumé of what is important
in the documents communicated to the Bureau by the Powers in virtue of
Article 43, paragraphs 3 and 4.

Art. 50. The expenses of the Bureau shall be borne by the Contracting
Powers in the proportion fixed for the International Bureau of the In-
ternational Postal Union. /

The expenses to be charged to the adhering Powers shall be reckoned
from the date on which their adhesion comes in force.

Art. 51. With a view to encouraging the development of arbitration,
the Contracting Powers have agreed on the following rules, which are
applicable to arbitration procedure, unless other rules have been agreed
on by the parties.

Art. 52. The Powers which have recourse to arbitration sign a
“Compromis” in which the subject of the dispute is clearly defined, the
time allowed for appointing Arbitrators, the form, order, and time which
the communication referred to in Article 63 must be made, and the
amount of the sam which cach party must deposit in advance to defray
the expenses.

The “Compromis” likewise defines, if there is occasion, the manner of
appointing Arbitrators, any special powers which may eventually belong
THE HAGUE CONFERENCES 269

to the Tribunal, where it shall meet, the language it shall use, and the
languages the employment of which shall be authorized before it ,and,
generally speaking, all the conditions on which the parties are agreed.

Art. 53. The Permanent Court is Competent to settle the “Compromis,”
if the parties are agreed to have recourse to it for the purpose.

It is similarly competent, even if the request is only made by one of
the parties, when all attempts to reach an understanding through the
diplomatic channel have failed, in the case of :—

1. A dispute covered by a general Treaty of Arbitration concluded or
renewed after the present Convention has come in force, and providing
for a “Compromis” in all disputes and not either explicitly or implicitly
excluding the settlement of the “Compromis” from the competence of
the Court. Recourse cannot, however, be had to the Court if the other
party declares that in its opinion the dispute does not belong to the
category of disputes which can be submitted to compulsory arbitration,
unless the Treaty of Arbitration confers upon the Arbitral Tribunal the
power of deciding this preliminary question.

2. A dispute arising from contract debts claimed from one Power by
another Power as due to its nationals, and for the settlement of which
the offer of Arbitration has been accepted. This arrangement is not
applicable if acceptance is subject to the condition that the “Compromis”
should be settled in some other way. .

Art. 54. In the cases contemplated in the preceding Article, the “Com-
promis” shall be settled by a Commission consisting of five members
selected in the manner arranged for in Article 45, paragraphs 3 to 6.

The fifth member is President of the Commission ex officio.

Art. 55. The duties of Arbitrator may be conferred on one Arbitrator
alone or on several Arbitrators selected by the parties as they please, or
chosen by them from the members of the Permanent Court of Arbitration
established by the present Convention.

Failing the constitution of the Tribunal by direct agreement between
the parties, the course referred to in Article 45, paragraphs 3 to 6, is
followed.

Art. 56. When a Sovereign or the Chief of a State is chosen as Ar-
bitrator, the Arbitration procedure is settled by him.

Art. 57. The Umpire is President of the Tribunal ex officio.

When the Tribunal does not include an Umpire, it appoints its own
President.

Art. 58. When the “Compromis” is settled by a Commission, as con-
templated in Article 54, and in the absence of an agreement to the con-
trary, the Commission itself shall form the Arbitral Tribunal.

Art. 59. Should one of the Arbitrators either die, retire, or be unable
for any reason whatever to discharge his functions, the same procedure is
followed for filling the vacancy as was followed for appointing him.
270 INTERNATIONAL RELATIONS

Art. 60. The Tribunal sits at the Hague, unless some other place is
selected by the parties.

The Tribunal can only sit in the territory of a third Power with the
latter’s consent.

The place of meeting once fixed cannot be altered by the Tribunal,
except with the consent of the parties.

Art. 61. If the question as to what languages are to be used has not
been settled by the “Compromis,” it shall be decided by the Tribunal.

Art. 62. The parties are entitled to appoint special agents to attend the
Tribunal to act as intermediaries between themselves and the Tribunal.

They are further authorized to retain for the defence of their rights and
interests before the Tribunal counsel or advocates appointed by themselves
for this purpose.

The members of the Permanent Court may not act as agents, counsel,
or advocates except on behalf of the Power which appointed them mem-
bers of the Court.

Art. 63. As a general rule, arbitration procedure comprises two distinct
phases: pleadings and-.oral discussions,

The pleadings consist in the communication by the respective agents to
the members of the Tribunal and the opposite party of the cases, counter-
cases, and, if necessary, of replies; the parties annex thereto all papers
and documents called for in the case. This communication shall be made
either directly or through the intermediary of the International Bureau,
in the order and within the time fixed for the “Compromis.”

The time fixed by the “Compromis” may be extended by mutual agree-
ment by the parties, or by the Tribunal when the latter considers it neces-
sary for the purpose of reaching a just decision.

The discussions consist in oral development before the Tribunal of the
arguments of the parties.

Art. 64. A certified copy of every document produced by one party
must be communicated to the other party.

Art. 65. Unless special circumstances arise, the Tribunal does not meet
until the pleadings are closed.

Art. 66. The discussions are under the control of the President.

They are only public if it be so decided by the Tribunal, with the assent
of the parties.

They are recorded in minutes drawn up by the Secretaries appointed
by the President. These minutes are signed by the President and by one
of the Secretaries and alone have an authentic character.

Art. 67. After the close of the pleadings, the Tribunal is entitled to
refuse disctission of all new papers or documents which one of the parties
may wish to submit to it without the consent of the other party.

Art. 68. The Tribunal is free to take into consideration new papers or
documents to which its attention may be drawn by the agents or counsel
of the parties.
THE HAGUE CONFERENCES 271

In this case, the Tribunal has the right to require the production of
these papers or documents, but is obliged to make them known to the
opposite party. :

Art. 69.-The Tribunal can, besides, require from the agents of the
parties the production of all papers, and can demand all necessary ex-
planations. In case of refusal the Tribunal takes note of it.

Art. 70. The agents and the counsel of the parties are authorized to
present orally to the Tribunal all the arguments they may consider ex-
pedient in defense of their case.

Art. 71. They are entitled to raise objections and points. The de-
cisions of the Tribunal on these points are final and cannot form the
subject of any subsequent discussion.

Art. 72, The members of the Tribunal are entitled to put questions
to the agents and counsel of the parties, and to ask them for explanations
on doubtful points,

Neither the questions put, nor the remarks made by the members of
the Tribunal in the course of the discussions, can be regarded as an ex-
pression of opinion by the Tribunal in general or by its members in
particular.

Art. 73. The Tribunal is authorized to declare its competence in inter-
preting the “Compromis” as well as the other Treaties which may be
invoked, and in applying the principles of law.

Art. 74. The Tribunal is entitled to issue rules of procedure for the
conduct of the case, to decide the forms, order, and time in which each
party must conclude its arguments and to arrange all the formalities
required for dealing with the evidence.

Art. 75. The parties undertake to supply the Tribunal, as fully as they
consider possible, with all the information required for deciding the case.

Art. 76. For all notices which the Tribunal has to serve in the territory
of a third Contracting Power, the Tribunal shall apply direct to the

overnment of that Power. The same rule applies in case of steps being
taken to procure evidence on the spot.

The requests for this purpose are to be executed so far as the means
at the disposal of the Power applied to under its municipal law allow.
They cannot be rejected unless the Power in question considers them cal-
culated to impair its own sovereign rights or its safety.

The Court will equally be always entitled to act through the Power on
whose territory it sits.

Art. 77. When the agents and counsel of the parties have submitted
all the explanations and evidence in support of. their case the President
shall declare the discussion closed.

Art. 78. The Tribunal considers its decisions in private and the pro-
ceedings remain secret.

All questions are decided by a majority of the members of the

Tribunal.
272 INTERNATIONAL RELATIONS

Art. 79. The Award must give the reasons on which it is based. It
contains the names of the Arbitrators; it is signed by the President and
Registrar or by the Secretary acting as Registrar.

Art. 80. The Award is read out in public sitting, the agents and counsel
of the parties being present or duly summoned to attend.

Art. 81. The Award, duly pronounced and notified to the agents of
the parties, settles the dispute definitely and without appeal.

Art. 82, Any dispute arising between the parties as to the inter-
pretation and execution of the Award shall, in the absence of an agree-
ment to the contrary, be submitted to the Tribunal which pronounced it.

Art. 83. The parties can reserve in the “Compromis” the right to de-
mand the revision of the Award.

In this case and unless there be an agreement to the contrary the
demand must be addressed to the Tribunal which pronounced the Award.
It can only be made on the ground of the discovery of some new fact
calculated to exer¢ise a decisive influence upon the Award and which was
unknown to the Tribunal and to the party which demanded the revision at
the time the discussion was closed.

Proceedings for revision can only be instituted by a decision of the
Tribunal expressly recording the existence of the new fact, recognizing
in it the character described in the preceding paragraph, and declaring the
demand admissible on this ground.

The “Compromis” fixes the period within which demand for revision
must be made.’

Art. 84. The Award is not binding except on the parties in dispute.

When it concerns the interpretation of a Convention to which Powers
other than those in dispute are parties, they shall inform all the Signatory
Powers in good time. Each of these Powers is entitled to intervene in
the case. If one or more avail themselves of this right, the interpretation
contained in the Award is equally binding on them.

Art. 85. Each party pays its own expenses and an equal share of the
expenses of the Tribunal.

Art. 86. With a view to facilitating the working of the system of
arbitration in disputes admitting of a summary procedure, the Contracting
Powers adopt the following rules, which shall be observed in the absence
of other arrangements and subect to the reservation that the provisions
of Chapter III apply so far as may be.

Art. 87. Each of the parties in dispute appoints an Arbitrator. The
two Arbitrators thus selected choose an Umpire. If they do not agree on
this point, each of them proposes two candidates taken from the general
list of the members of the Permanent Court exclusive of the members
appointed by either of the parties and not being nationals of each of
them; which of the candidates thus proposed shall be Umpire is de-
termined by lot.

The Umpire presides over the Tribunal, which gives its decision by a
majority of votes.
THE HAGUE CONFERENCES 273

Art. 88. In the absence of any previous agreement the Tribunal, as soon
as it is formed, settles the time within which the two parties must submit
their respective cases to it.

Art. 89. Each party is represented before the Tribunal by an agent,
who serves as intermediary between the Tribunal and the Government
who appointed him.

Art. 90. The proceedings are conducted exclusively in writing. Each
party, however, is entitled to ask that witnesses and experts should be
called. The Tribunal has, for its part, the right to demand oral explana-
tions from the agents of the two parties, as well as from the experts and
witnesses whose appearance in Court it may consider useful.

Part V. Final Provisions

Art. 91. The present Convention, duly ratified, shall replace, as between
the Contracting Powers, the Convention for the Pacific Settlement of
International Disputes of the 29th July, 1899.

Art. 92, The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

The first deposit of ratifications shall be recorded in a proces-verbal
signed by the Representatives of the Powers which take part therein and
by the Netherland Minister of Foreign Affairs.

The subsequent deposits of ratifications shall be made by means of a
written notification, addressed to the Netherland Government and accom-
panied by the instrument of ratification.

A duly certified copy of the proces-verbal relative to the first deposit
of ratifications, of the notifications mentioned in the preceding paragraph,
and of the instruments of ratification, shall be immediately sent by the
Netherland Government, through the diplomatic channel, to the Powers
invited to the Second Peace Conference, as well as to those Powers
which have adhered to the Convention. In the cases contemplated in the
preceding paragraph, the said Government shall at the same time inform
the Powers of the date on which it received the notification.

Art. 93. Non-Signatory Powers which have been invited to the Second
Peace Conference may adhere to the present Convention.

The Power which desires to adhere notifies its intention in writing to
the Netherland Government, forwarding to it the act of adhesion, which
shall be deposited in the archives of the said Government.

This Government shall immediately forward to all the other Powers
invited to the Second Peace Conference a duly certified copy of the notifi-
cation as well as of the act of adhesion, mentioning the date on which it
received the notification.

Art. 94. The conditions on which the Powers which have not been
invited to the Second Peace Conference may adhere to the Present Con-
vention shall form the subject of a subsequent Agreement between the
Contracting Powers.
274 INTERNATIONAL RELATIONS

Art. 95. The present Convention shall take effect, in the case of
the Powers which were not a party to the first deposit of ratifications,
sixty days after the date of the proces-verbal of this deposit, and, in
the case of the Powers which ratify subsequently or which adhere, sixty
days after the notification of their ratification or of their adhesion has
been received by the Netherland Government.

Art. 96. In the event of one of the Contracting Parties wishing to
denounce the presence Convention, the denunciation shall be notified in
writing to the Netherland Government, which shall immediately com-
municate a duly certified copy of the notification to all the other Powers
informing them of the date on which it was received.

The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.

Art. 97. A register kept by the Netherlands Minister for Foreign Affairs
shall give the date of the deposit of ratifications effected in virtue of
Article 92, paragraphs 3 and 4, as well as the date on which the notifica-
tions of adhesion (Article 93, paragraph 2) or of denunciation (Article 94,
paragraph 1) have been received.

Each Contracting Power is entitled to have access to this register and
to be supplied with duly certified extracts from it.

In faith whereof the Plenipotentiaries have appended their signatures
to the present Convention.®

A little less than seven years after the Hague “Convention
for the Pacific Settlement of International Disputes” was
signed, Germany and Austria-Hungary started the greatest war
of all time. The only matter in issue was between Servia and
Austria-Hungary, but Belgium and France were the first to be
attacked, and by Germany. Servia had offered to submit its
differences with Austria-Hungary to the Hague Tribunal, but
the offer was rejected, and the war which has terminated the
reigning dynasties of Russia, Germany and Austria-Hungary
was started. This war has proved, if proof be necessary, that
it is not safe to trust the peace of the world in the hands of
military leaders backed by immense armies, navies and stores
of munitions. One or another of them is certain at some
time to use the forces at his command to further his ambitions.
A great army, far in excess of every need for the preservation
of internal order, is a menace to every neighboring power.

5 Senate ‘Documents, 2d Session 61st Congress, 48, 2228 to 2245.
THE HAGUE CONFERENCES 275

Disarmament has long been deemed essential to the preserva-
tion of peace, but there has been no superior power to compel
great nations to disarm.

Questions of autonomy, alliance, boundaries and political
relations, may be determined by arbitration, if all parties in-
terested agree to it, but agreement to arbitrate such matters
after the parties have failed to agree on the matters in dispute,
need seldom be hoped for. Only when the opposing nations
are firmly resolved that they will find a peaceful method of
adjusting their differences will arbitration prove very helpful.
Political questions can best be disposed of by political bodies.
The more universal the representation in such a body the less
the danger of the domination of selfish interests. The general
conscience of all the nations is not likely to be swayed by
passion or warped by the schemes of crafty men. The calm,
dispassionate judgment of representatives of all the people
would appear to be the best criterion of moral right that is
available on earth. Such political questions cannot always be
determined on fixed principles of law. They often involve
questions of expediency which cannot be tested by any rules
of law. In the United States questions of this kind have
arisen in the organization of the western territories and their
admission into the Union as States. All these matters have
been settled by Congress as political questions without any
aid from the courts. Political questions of this kind in great
number are now presented, and will continue to arise for very
many years to come, and such questions will inevitably lead
to wars unless an appropriate representative body is em-
powered to settle them.

Courts are expected to apply pre-existing law to the states
of fact presented in cases before them. Law-making in some
form must precede the exercise of strictly judicial functions.
The lack of clearly defined rules governing the rights and
duties of neutral powers in time of war was apparent to the
plentipotentiaries who framed the treaty relating to the Ala-
bama Claims. They therefore agreed on the law relating to
the case presented, though Great Britain denied that it was the
law at the time of the occurrences under consideration. Be-
276 INTERNATIONAL RELATIONS

fore courts of any kind can inspire full confidence there must
be law for them to administer, otherwise they will of necessity
act in accordance with their personal views. Representatives
of all the nations can formulate international law for applica-
tion by the courts. Without action by such a body the law must
be developed by the slow and uncertain process of the opinions
of authors and judges, expressed separately, without con-
sultation with each other, as the principles now recognized as
international law have been adopted. The future always brings
needs that cannot be anticipted in the present, and law-making
must always relate to the known, rather than to an imaginary
future. The treaties made by the nations already furnish
many rules governing their relations. Many of these relate
merely to matters in which two nations are interested. As to
these the concurrence of other powers may not be necessary.
Others concern a number of nations but not all. With these
the nations interested are competent to deal. But rules of
general application the world over can only be wisely form-
ulated by representatives of all the people. It is also of vital
importance that a congress legislating for all the world should
be made up of representatives of the people at large in each
country, and not of mere diplomats representing a ruling
person, class, or body of men. It is also important that such
a congress give full publicity to all its work in order that
proposed action be fully discussed. In the formulation of
general laws designed to furnish rules governing the inter-
course of all the nations, haste is to be avoided and the most
ample opportunity given for suggestions from all quarters.
The necessary general rules of international law ought not to
be voluminous. They should always be open to correction by
the successors of those who formulate them.

Tribunals are needed to apply international law to the con-
troversies as they arise and to construe treaties. These can
be thoroughly efficient only when established in advance, with
power to act on the call of any party to a controversy without
any preliminary agreement with his adversary. In order to
inspire confidence and respect, their powers and duties must be
clearly defined by law. There must be clear, well established
THE HAGUE CONFERENCES 277

laws to administer, which all nations recognize as having been
sanctioned by their authority. There must be ample power
to investigate all questions of fact and learn the truth regarding
every claim. There must be full publicity in all proceedings
except the final consultations of the judges when they agree
upon their decisions. There must be ample opportunity for
argument by counsel of the parties on all questions of law and
fact. These principles are fundamental among all people and
in all times. The Hague tribunal has only such powers as the
parties confer on it after the controversy arises. The power
is needed in advance of the particular controversy, and with-
out regard to the choice of any particular nation.

In constituting an arbitration tribunal the practise has been
almost universal for each party to choose one or more of the
arbitrators, with power to those so chosen to complete the
number by agreement, or authorizing some person or power
to name the others. The fundamental idea is to compose a
tribunal made up of partisans and non-partisans. The only
possible advantages of including partisans are that it will insure
full consideration of all the claims of the parties, allow com-
promises in matters of doubt, and tend to insure acceptance of
the award by the defeated party. The value of either or all
of these is extremely doubtful in comparison with an absolutely
impartial court. A far better principle of selection is to allow
each party to exclude persons he deems undesirable, rather
than to choose partisans. It would seem to be a matter of no
great difficulty to form an international court with a large
membership, from which the parties to each case may agree on
a convenient number of judges, if they see fit, and if they
cannot agree, then that each party be allowed to strike an equal
number from the whole list of judges, leaving those remaining
as the members of the court to try the case. This practice is
often followed in many of the American states in the selection
of jurors, and is a speedy and satisfactory method of clearing
the list of the names of objectionable men. If either party
fails to strike his share the clerk or other officer of the court
may be empowered to strike for him. It is indispensable to
the efficient administration of justice that there be a court
278 INTERNATIONAL RELATIONS

with full power to act without the consent of an unwilling
party. The Hague tribunal has no such power. Either party
can block the work of the tribunal at any stage of its progress.

‘It is essential that the international tribunal, being called upon
to act on a matter within its jurisdiction, shall have power to
compel the appearance of the party complained of, or proceed
in his absence after due notice, that it shall have full power
to regulate the procedure before it and to compel the produc-
tion of evidence, and to finally decide the controversy and dis-
pose of all the questions of law and of fact involved in it.
Having rendered final judgment in a case it must not be left
to the good faith of the parties to abide by and perform it.
There must be adequate power to enforce it.

Here appears to be the most difficult problem in interna-
tional organization. To compel a great. unwilling nation to
submit and comply with an adverse judgment appears a task
of extreme difficulty. It will continue to be so until the states-
men of all countries appreciate the necessity of submitting to
what they regard in some cases as unjust judgments. Com-
pulsory enforcement of such judgments against nations main-
taining great armies and navies might prove productive of
far more harm than good. Disarmament of all the nations
down to the limit of their needs for the preservation of inter-
nal order seems to be a condition precedent to forcible execu-
tion of the judgments of a world court. Manifestly the
executive force which compels compliance with such judg-
ments must be greatly superior to the force that it may be con-
fronted with. But whatever the difficulties to be encountered
in the organization of such a court and in the execution of its
decrees, no other method of determining controversies which
the parties can not settle by any kind of an agreement among
themselves has ever yet been devised by man. The impartial
judgment of some body of able disinterested men must be
allowed to stand as the best obtainable solution of international
controversies, and the people of all countries must be educated
to cheerfully accept and abide by it. How far the Hague Con-
vention falls short of the needed requirements is readily
apparent from the necessity for voluntary agreement step by
THE HAGUE CONFERENCES 279

step in the submission of the case and for voluntary per-
formance of the award made by the tribunal.

ForcIBLE COLLECTION OF CLAIMS

The right to compel the payment of money demands by mili-
tary forces has often been asserted and exercised, especially
by strong nations in dealing with weaker ones. This right
has usually been asserted by way of seizure of a port, district,
or property, of the debtor nation, not as an avowed act of war,
but as a reprisal. The rule of international law applicable
is thus stated by Vattel: “Reprisals are used between nation
and nation in order to do themselves justice when they can-
not otherwise obtain it. If a nation has taken possession of
what belongs to another; if it refuses to pay a debt or repair
an injury, or to make a just satisfaction, the latter may seize
what belongs to the former, and apply it to his own advan-
tage, till it obtains full payment for what is due, together with
interest and damages; or keep it as a pledge till the offending
nation has made ample satisfaction. The effects thus seized
are preserved, while there is any hope of obtaining satisfaction
or justice, as soon as that hope disappears they are confis-
cated, and then the reprisals are accomplished. If the two
nations upon this ground of quarrel, come to an open rupture,
satisfaction is considered as refused from the moment that
the war is declared, or hostilities commenced ; and then, also the
effects seized may be confiscated.”®

When an embargo was laid on Dutch property in the ports
of Great Britain, on the rupture of the peace of Amiens, in
1803, Lord Stowell announced the law applicable to such cases,
as follows: “The seizure was at first equivocal, and if the
matter in dispute had terminated in reconciliation the seizure
would have been converted into a civil embargo, and so ter-
minated. Such would have been the retroactive effect of that
course of circumstances. On the contrary, if the transaction
ended in hostility, the retroactive effect is exactly the other
way. It impresses the direct hostile character upon the

6 Vattell, lib. II ch. xvii § 342.
280 INTERNATIONAL RELATIONS

original seizure; it is declared to be no embargo; it is no
longer an equivocal act, subject to two interpretations; there
is a declaration of the animus by which it is done; that it
was done hostili animo, and it is to be considered as a hos-
tile measure, ab imtio, against persons guilty of injuries
which they refuse to redeem by any amicable alteration of
their measures. This is the necessary course, if no compact
intervenes for the restoration of such property, taken before
a formal declaration of hostilities.’

As reprisals are likely to lead to war the authority to make
or allow them to be made is vested in the sovereign power.
“Without such authority previously given, or its exercise
subsequently ratified by the supreme authority of the State,
reprisals or seizures are not justified by the law of nations.”*
The right of a state to authorize reprisals is confined to its
own citizens and may not be granted to foreigners.® The right
to make seizures and reprisals is justified on the ground that
each government must protect its own people in their dealings
with foreign nations and their people, and that when satisfac-
tion of a just obligation is denied the injured party has no
other means of enforcing his right. This reasoning is con-
sistent with the theory of ultimate sovereignty in the govern-
ment of each nation, and with the existence of a state of anar-
chy in the relations of the governments. It is wholly incon-
sistent with the general welfare of the great community of
nations.

The Hague Conference sought to put an end to the forcible
collection of claims and the first article of the second conven-
tion concluded at the second conference contains an agree-
ment of all the contracting powers not to have recourse to
armed force for the recovery of contract debts; but this agree-
ment is limited and declared inapplicable when the debtor
state refuses an offer of arbitration or to perform an award.

7 Halleck’s Int. Law, 1-517. The Boedes Lust, 5 Rob. 246; The Diana
5 Rob. 60.

8 Halleck’s Int. Law, 1-518. 40 Cyc. 308.

9 Bynkershoek, De Fore Legat, c. xxii § 5.
THE HAGUE CONFERENCES 281

The important forward step made by the treaty is that it
pledges the parties to it not to resort to force to collect dis-
puted claims before their validity has been established by ar-
bitration or the debtor has refused to arbitrate. As claims of
this kind are continually arising any agreement tending to
induce the amicable settlement of them adds materially to the
maintenance of peace.

CoNVENTION RESPECTING THE LIMITATION OF THE EMPLOYMENT OF
Force For THE Recovery oF Contract Dests

Article 1. The Contracting Powers agree not to have recourse to
armed force for the recovery of contract debts claimed from the Govern-
ment of one country by the Government of another country as being due
to its nationals.

This undertaking is, however, not applicable when the debtor State
refuses or neglects to reply to an offer of arbitration, or, after accepting
the offer, prevents any “Compromis” from being agreed on, or, after
the arbitration, fails to submit to the award.

Art. 2. It is further agreed that the arbitration mentioned in para-
graph 2 of the foregoing Article shall be subject to the procedure laid
down in Part IV, Chapter III, of The Hague Convention for the
Pacific Settlement of International Disputes. The award shall determine,
except where otherwise agreed between the parties, the validity of the
claim, the amount of the debt, and the time and mode of payment.

Art. 3. The present Convention shall be ratified as soon as possible.

The ratifications shall be deposited at The Hague.

The first deposit of ratifications shall be recorded in a proces-verbal
signed by the Representatives of the Powers taking part therein and
by the Netherlands Minister for Foreign Affairs.

The subsequent deposit of ratifications shall be made by means of writ-
ten notification addressed to the Netherland Government and accom-
panied by the instrument of ratification.

A duly certified copy of the proces-verbal relative to the first deposit
of ratifications, of the notifications mentioned in the preceding para-
graph, as well as of the instruments of ratification, shall be sent imme-
diately by the Netherland Government, through the diplomatic channel, to
the Powers invited to the Second Peace ‘Conference, as well as to the
other Powers which have adhered to the Convention. In the cases
contemplated in the preceding paragraph, the said Government. shall
inform them at the same time of the date on which it received the notifi-
cation.

Art. 4. Non-Signatory Powers may adhere to the present Convention.
282 INTERNATIONAL RELATIONS

The Power which desires to adhere notifies its intention in writing to
the Netherland Government, forwarding to it the act of adhesion, which
shall be deposited in the archives of the said Government.

The said Government shall forward immediately to all the other Powers
invited to the Second Peace Conference a duly certified copy of the
notification, as well as of the act of adhesion, mentioning the date on
which it received the notification.

Art. 5. The present Convention shall come in force, in the case of the
Powers which were a party to the first deposit of ratifications, sixty
days after the date of the procces-verbal of this deposit, in the case of
the Powers which ratify subsequently or which adhere, sixty days after the
notification of their ratification or of their adhesion has been received
by the Netherland (Goverment.

Art. 6. In the event of one of the Contracting Powers wishing to de-
nounce the present Convention, the denunciation shall be notified in
writing to the Netherland Government, which shall immediately com-
municate a duly certified copy of the notification to all the other Powers,
informing them at the same time of the date on which it was received.

The denunciation shall only have effect in regard to the notifying
Power, and one year after the notification has reached the Netherland
Government.

Art. 7. A register kept by the Netherland Ministry for Foreign Af-
fairs shall give the date of the deposit of ratifications made in virtue of
Article III, paragraphs 3 and 4, as well as the date on which the notifi-
cations of adhesion or of denunciation were received.

Each Contracting Power is entitled to have access to this register and to
be supplied with duly certified extracts from it.

In faith whereof the Plenipotentiaries have appended their signatures
to the present Convention.1°

DECLARATION OF WAR

Prior to the Second Hague Conference, war could exist
without a declaration of war by either party.** It was held in
England that “It is by no means necessary that both countries
should declare war. Whatever might be the prostration and
submissive demeanor on one side, if France was unwilling to
accept that submission, and persisted in attacking Portugal, it
was sufficient.””* Actual hostilities determined the date of

10 Senate Documents, 2d Session 61st Congress, 48, 2254.
11 Matthews v. McStea, 91 U. S. 7. Thorington v. Smith, 8 Wall. 1.
Marks v. U. S. 28 Ct. Cl 147-161 U. S. 297. The Teutonia, L. R. 4,

P. C. 171; Takahashi Russo-Japanese War, 6.
12 The Nayade, 4 C. Rob. 251, 253.
THE HAGUE CONFERENCES 283

the commencement of the war when no declaration was
made.** It was said by the Supreme Court of the United
States: “Insurrection against a government may or may not
culminate in an organized rebellion, but a civil war always
begins by insurrection against the lawful authority of the
Government. A civil war is never solemnly declared; it be-
comes such by its accidents—the number, power, and organiza-
tion of the persons who organize and carry it on.™*

The Hague convention requires explicit warning to the ad-
verse party before the commencement of hostilities and that
neutral powers be notified of the existence of a state of war
without delay. This may be a matter of much importance in
determining property rights under international law, for the
date af the commencement of a war is often the decisive point
in the case. No length of notice is provided for in the con-
vention and in the nature of things it has no application to
insurrections and civil wars.

ConvENTION RELATIVE TO THE OPENING OF HosTILITIES

Article 1. The Contracting Powers recognize that hostilities between
themselves must not commence without previous and explicit warning, in
the form either of a reasoned declaration of war or an ultimatum with
conditional declaration of war.

Art. 2, The existence of a state of war must be notified to the neutral
Powers without delay, and shall not take effect in regard to them until
after the receipt of a notification, which may, however, be given by
telegraph. Neutral Powers, nevertheless, cannot rely on the absence of
notification if it is clearly established that they were in fact aware of the
existence of a state of war.

Art. 3. Article I of the present convention shall take effect in case of
war between two or more of the Contracting Powers.

Article II is binding as between a belligerent Power which is a party to
the Convention and neutral Powers which are also parties to the Con-
vention.

(Articles 4, 5, 6, 7 and 8 contain the usual final provisions.)15

43 The Buena Ventura, 87 Fed. 927, 175 U. S. 384.
14 Prize Cases, 2 Black (U. S.) 635, 666.
15 Senate Documents, 2d Session 61st Congress, 48, 2254.
284 INTERNATIONAL RELATIONS

Laws AND Customs oF War on LAND

The second Hague Conference gave much earnest consid-
eration to the conventions designed to mitigate the barbarities
of war. Writers on international law have found it exceed-
ingly difficult to lay down precise rules to be followed by mili-
tary commanders and their subordinates. The armed forces of
each belligerent are organized for the purpose of overpowering
or destroying the forces opposed to them. This is not at-
tempted by any test of the muscular strength of the men en-
gaged in the conflict, but war is carried on with arms and
devices designed to kill men and destroy property. Whole-
sale slaughter of the armed forces of the enemy is still the
purpose of every commander who directs the operations of an
army in battle. Disregard of human life is inseparable, from
the operations of war. Human ingenuity continues to invent
more efficient means of killing enemies and destroying prop-
erty. In the nature of things war cannot be humane. Yet the
inherent savagery of war may be mitigated by the observance
of rules limiting the authority of soldiers to kill to the armed
forces of their enemies who persist in opposing them. The
exigencies and vicissitudes of war, the excitement of battle,
the physical and mental strains on commanders and men, the
effects on the mind of hunger, exhaustion, heat and cold, ren-
der the enforcement of humane regulations extremely difficult.

The Hindu rules for the conduct of war copied from the
Code of Manu above*® are rather more than less stringent
than the Hague Convention on the subject, yet it would be ex-
ceedingly hazardous to assert that the actual practices of the
natives of India have been more humane than those of modern
Europeans, although the Code of Manu has been the Brahman
law for thousands of years. The religious sentiments of the
Greeks and Romans placed some restrictions on the conduct
of their wars, but time, place, circumstances, and above all the
personal character of commanders, caused great diversity in
the treatment of enemies. Alexander destroyed all of Thebes
but the house of the poet Pindar, but at the battle of Granicus

16 Supra, p. 15.
THE HAGUE CONFERENCES 285

he took 2,000 Persians prisoners. Exasperated by the resistance
offered by Tyre he hanged 2,000 of its citizens after it surren-
dered to him. At Persepolis he slaughtered the men and en-
slaved the women, but at Sungala he is credited with having
taken 70,000 Indians prisoners. His mood at the time deter-
mined the fate of his enemies who fell under his power. The
Babylonians, Assyrians and Persians varied their treatment of
captured enemies from extreme cruelty to great liberality, ac-
cording to the character of the rulers and generals in command
and the prevailing spirit of the times. The Greeks destroyed
Troy and its people, and a thousand years later the Romans
destroyed Carthage, yet the usual custom of both Greeks and
Romans was to accept the surrender of cities and prisoners,
but prisoners were often enslaved. Roman generals took great
pride in the triumphs awarded them after successful wars, and
in leading distinguished captives and their followers in the
triumphal processions. Caesar was accounted more humane in
his treatment of enemies than many other generals. He forced
the defeated Helvetians to reoccupy their own country, which
they had deserted and devastated, not merely as a merciful
measure, but as a protection against German tribes. He
“brought many captives home to Rome whose ransom did the
general coffers fill.” Plutarch says that in the wars in Gaul
he met armies aggregating three millions in number, and that
of these he killed one million and took another million pris-
oners.

Charlemagne nearly a thousand years later was credited with
being humane and politic for his age, but his treacherous
slaughter of 4,500 Saxons who had revolted was a shocking
exhibition of cruelty for any age. When the Crusaders un-
der Godfrey de Bouillon took Jerusalem in 1099 as followers
of the Prince of Peace they massacred the Mohammedan in-
habitants, but when Saladin leading the followers of the Pro-
phet, who commanded the propagation of the word by the
sword, retook the city in 1187, he was more merciful and
allowed the captive Christians to live. The command of the
Prophet was: ‘When ye encounter the unbelievers strike off
286 INTERNATIONAL RELATIONS

their heads until ye have made a great slaughter among them,
and bind them in bonds; and either give them a free dismission
afterwards or exact a ransom until the war shall have laid
down its arms.”*7 When the Turks took Constantinople in 1453
it was given over to indiscriminate slaughter. The savageries
of the Thirty Years War were too many and too horrible to
be mentioned in detail. Europe seemed to have relapsed into
utter barbarism. But during the eighteenth and nineteenth
centuries there was a very well defined sentiment in favor of
rules to be observed in the conduct of war. While there were
many instances of slaughter of prisoners and even of defense-
less civilians, the rule was that commanders spared the lives
of prisoners and provided for their maintenance. Enslave-
ment of prisoners or of the civilians in occupied territory of
the enemy has not been sanctioned. The custom of holding
prisoners for ransom has obtained only among barbarians and
bandits since ancient times. Writers on international law have
devoted especial attention to the rules governing the conduct
of belligerents and the rights and duties of neutrals in times
of war, and have uniformly condemned the slaughter or mis-
treatment of prisoners and all unnecessary invasion of the
rights of noncombatants. Military commanders have been
schooled to the observance of these principles and in the United
States the articles of war regulate all these matters and ren-
der officers and men liable for violation of the law.** Similar
laws governing the conduct of armies are in force in all civi-
lized states. In this manner international law becomes the
municipal law of the states that adopt it, and is enforced by
them in accordance with their peculiar views. There being no
international superior to enforce it, it has no other sanction
than such as each separate nation affords.

When conflicts occur between private persons and redress
is sought for wrongs done in them it becomes a matter of prime
importance to inquire who was the aggressor and what if any
justification existed for the acts complained of. The aggres-
sor must avoid all injury to bystanders. But it is not so in

17 Sale’s Koran, Ch. 47.

18 Compiled Statutes of the United States, 1818, § 2308a.
THE HAGUE CONFERENCES 287

conflicts between nations. “The law of nations makes no dis-
tinction, in this respect, between a just and an unjust war,
both of the belligerent parties being entitled to all the rights of
war as against the other, and with respect to neutrals. Each
party may employ force, not only to resist the violence of the
other, but also to secure the objects for which the war is un-
dertaken. The first and most important of these rights, which
the state of war has conferred upon the belligerents, is that of
taking human life. This right, in its full extent, authorizes
the individuals of the one party to kill and destroy those of
the other, whenever milder means are insufficient to conquer
them or bring them to terms.”"® This right having been ac-
corded to belligerents it is not strange that men who actually
conduct the operations of armies discredit the efficiency and
doubt the utility of regulations designed to mitigate the suf-
fering resulting from the legitimate operations of armies.
“The ferocity of war in actual practice will not suffer itself to
be tied by hard and fast rules.’””°

A copy of the “Manual of the Laws of War by Land,” pub-
lished in the Institut de Droit International in 1880, having
been sent to Count von Moltke he wrote as follows: “You
have been so good as to forward to me the Manual published
by the Institut de Droit International and you hope for my ap-
proval of it. In the first place, I fully appreciate the philan-
thropic effort to soften the coils which result from war. Per-
petual peace is a dream, and it is not even a beautiful dream.
War is an element in the order of the world ordained by God.
In it the noblest virtues of mankind are developed; courage
and abnegation of self, faithfulness to duty, and the spirit of
sacrifice; the soldier gives his life. Without war the world
would stagnate, and lose itself in materialism. I agree en-
tirely with the proposition contained in the introduction that a
gradual softening of manners ought to be reflected also in the
mode of making war. But I go further, and think the soft-

19 Halleck’s Int. Law, 2-15. Vattel b. iii, ch. viii, §§ 136, 137, 138.
Wheaton, Elm. Int. Law, pt. iv. ch. ii, § 1.
20 Halleck’s Int. Law, 2-18. :
288 INTERNATIONAL RELATIONS

ening uf manners can alone bring about this result, which
cannot be-obtained by a codification of the laws of war.
Every law presupposes an authority to superintend and di-
rect its execution, and international conventions are supported
by no such authority. What neutral states would ever take up
arms for the sole reason that two Powers being at war the
‘laws of war’ had been violated by one or both of the belliger-
ents? For offences of that sort there is no earthly judge.
Success can come only from the religious, moral education of
individuals, and from the feeling of honor and sense of justice
of commanders who enforce the law and conform to it, so far
as the exceptional circumstances of war permit. This being
so, it is necessary to recognize also that increased humanity in
the mode of making war has in reality followed upon the grad-
ual softening of manners. Only compare the horrors of the
Thirty Years’ War with the struggles of modern times. A
great step has been made in our own day by the establishment
of compulsory military service, which introduces the educated
classes into armies. The brutal and violent element is, of
course, still there, but it is no longer alone, as it once was.
Again, Governments have two powerful means of preventing
the worst kind of excesses—strict discipline maintained in time
of peace so that the soldier has become habituated to it, and
care on the part of the department which provides for the
subsistence of troops in the field. If that care fails, discipline
can only be imperfectly maintained. It is impossible for the
soldier who endures sufferings, hardships, fatigues, who meets
danger to take only ‘in proportion to the resources of the coun-
try.’ He must take whatever is needful for his existence. We
cannot ask him for what is superhuman. ‘The greatest kind-
ness in war is to bring it to a speedy conclusion.’ It should be
allowable with that view to employ all methods save those
which are absolutely objectionable. I can by no means profess
agreement with the declaration of St. Petersburg when it as-
serts that ‘the weakening of the military forces of the enemy’
is the only lawful procedure in war. No, you must attack all
the resources of the enemy’s Government—its finances, its rail-
THE HAGUE CONFERENCES 280

ways, its stores, and even its prestige. Thus energetically,
and yet with moderation previously unknown, was the late war
against France conducted. The issue of the campaign was de-
cided in two months, and the fighting did not become embit-
tered till a revolutionary government, unfortunately for the
country, prolonged the war for four more months. I am
glad to see that the manual, in clear and precise articles, pays
more attention to the necessities of war than has been paid
by previous attempts, but for Governments to recognize these
rules will not be enough to insure that they shall be observed.
It has long been a universally recognized custom of warfare
that a flag of truce must not be fired on, and yet we have seen
that rule violated on several occasions during the late war.
Never will an article learnt by rote persuade soldiers to see a
regular in the unorganized population which takes up arms
‘spontaneously’ and puts them in danger of their life at every
moment of day and night. Certain requirements of the Man-
ual might be impossible of realization— for instance, the
identification of the slain after a great battle. Other require-
quirements would be open to criticism did not the intercalation
of such words as ‘if circumstances permit,’ ‘if possible,’ ‘if it
can be done,’ ‘if necessary’ give them an elasticity, but for which
the bonds they impose must be broken’ by inexorable reality.
I am of the opinion that in war, where everything must be
individual, the only Articles which will prove efficacious are
those which are addressed specifically to commanders. Such
are the rules of the Manual relating to the wounded, the sick,
the surgeons, and medical appliances. The general recog-
nition of the principles, and of those also which relate to
prisoners, would mark a distinct step of progress toward the
goal pursued with so honorable persistency by the Institut de
Droit International.”

This is perhaps as fair an expression of the views then en-.
tertained in the military circles of Germany as can be obtained.
That war is ordained by God and good in and of itself is a pro-
position shocking to the moral sense and inconsistent with

21 Halleck’s Int. Law, 2, 18. (4th Ed.)
290 INTERNATIONAL RELATIONS

von Moltke’s own argument. All will agree that it induces
the exercise of the heroic virtues of the soldier, but these are
put forth not to bring on or to prolong the war, but “to bring
it to a speedy conclusion.” Ordinarily it is not the soldier,
high or low, who starts the war, but the political head of the
government. The soldier makes sacrifices, but somebody com-
pels him to do so. Do those who bring on war requiring these
sacrifices do a good deed? If war is good why bring it to an
end? If only periodical wars are desirable, how long should
be the periods of war and how long the periods of peace? It
will not do to confuse the virtues of the good soldier with the
vices of war. They are not counterparts of each other, but
the virtues of the soldier have to be exerted to overcome the
vices of war. To say that war is essentially good is to say
that it is good to kill and destroy, to commit crimes in its name.
This could only be so if savagery were better than civilization,
death better than life, destitution and misery better than abun-
dance and happiness. There is at all time ample opportunity to
face danger, to sacrifice self, to be faithful, courageous and
strong for the service of mankind, without waiting for a call to
go out and kill fellow men. Von Moltke expressed the funda-
mental false doctrine on which Prussian militarism was based
and which doomed it to destruction.

His comments on the inefficiency of rules for the conduct of
war as a means of mitigating its evils are entitled to far more
consideration. War is savage in its very essence. Its concomi-
tants will inevitably partake in ‘greater or less degree of its
nature. Its fury can not be restricted to the shock of battle, but
will linger longer than the smoke of the powder. Humane
regard for fellow men in the opposing army is deadened by the
sight of fallen comrades, the madness of the struggle, the suf-
fering and exhaustion of the march and the trench. All the

/ great nations engaged in the late war were parties to the
Hague conventions. Among these the one Respecting the Laws
and Customs of War on Land with accompanying Regulations,
that respecting the Rights and Duties of Neutral Powers and
Persons in case of War on Land, and prohibiting the discharge
of Projectiles and Explosives from Balloons, as well as the Gen-
THE HAGUE CONFERENCES 291

eva conventions relating to the treatment of the sick, wounded
and prisoners, were in full force as to all the actual belligerents
during the whole period of the war, yet it is difficult if not im-
possible to find an important provision in any of these conven-
tions that has not been violated both in letter and in spirit over
and over again. Prisoners have been compelled to work at
tasks directly connected with the operations of war, in violation
of Article VI of the Regulations; they have not been fed,
lodged and clothed on the same footing as the troops of the
captors, as provided in Article VII; Red Cross hospitals and
ambulances have been bombarded, surgeons, nurses and at-
tendants have been purposely killed in violation of Article
XXI; poison has been employed, soldiers who had surrendered
have been killed, arms, projectiles and materials calculated to
cause unnecessary suffering have been generally and contin-
ually used, in violation of Article XXIII; buildings dedicated to
religion, art, science and charitable purposes, historical monu-
ments, hospitals, and places where the sick and wounded were
collected, have been made especial targets for bombardment,
instead of being spared as required by Article XXVII; cities
and towns have been pillaged, even when not taken by assault,
in violation of Article XXVIII; family honor and the lives
and property of private persons have not been respected, but
private property has been confiscated and pillaged in violation
of Articles XLVI and XLVII; general penalties have been
inflicted for the acts of individuals in violation of Article L;
cash, funds and securities not the property of the enemy state
have been seized and confiscated, contrary to Article LIIT; pub.
lic and private property have been ruthlessly destroyed in vio-
lation of Articles LV and LVI. The territory of neutral pow-
ers has been invaded in violation of Articles I and II of the
treaty concerning the rights and duties of neutrals; and last
and by far the most important of the violations of these conven-
tions is that of discharging projectiles and explosives from the
air, not alone on military objects but on private homes, civilians
engaged in their peaceful duties and pleasures, women, children,
churches, hospitals and all other places where death and de-
struction could be caused. These multifarious violations of the
292 INTERNATIONAL RELATIONS

conventions so recently entered into afford abundant proof of
the impracticability of making war a humane operation. It
does not follow that no good has resulted from the rules agreed
upon. Some benefit has resulted from them. Some command-
ers have observed them. Some lives have been spared and
some suffering prevented, but these slight gains pale into in-
significance when posted by the side of the appalling lists of
killed and wounded, and of those who have suffered and died
from exposure, want and starvation.

Though the lesson has been taught over and over ever since
the dawn of history, conditions never before have been such
that the remedy could be applied to the evil at its source. It
is now recognized by the statesmen of all the great nations
that a remedy must be found that will relieve, not merely from
the incidents of war, but from war itself. The moral senti-
ments of humanity have asserted themselves throughout the
world and the determining factor of the war has been, not the
vast armies and equipments provided through a long series of
years by military leaders, but the general condemnation of the
ruthless use of force without any valid cause for war, the dis-
regard of solemn treaties as well as of moral obligations. Out-
raged humanity has brought the great nations of the world
together in a war the avowed purpose of which is to make an
end of war. The need is clearly recognized and asserted, and
the manner in which the power of all is to be combined to pre-
serve the peace of each and all has already been outlined. The
problem of world organization for this purpose is not essen-
tially new in principle, but larger than that of the organization
of a single nation. It may be more difficult of accomplish-
ment, but in principle it appears less complicated than the or-
ganization of the governmental machinery of one of the great
nations. The provisions of the Hague conventions on the sub-
ject of restricting the savagery of war on land are as follows:

ConvENTION RESPECTING THE Laws oF War on Lanp

Article 1. The Contracting Powers shall issue instructions to their
armed land forces which shall be in conformity to the Regulations respect-
ing the laws and Customs of War on Land, annexed to the present Con-
vention.
THE HAGUE CONFERENCES 293

Art. 2. The provisions contained in the Regulations referred to in
Article I, as well as in the present Convention, do not apply except between
Contracting Powers, and then only if all the belligerents are parties to the
Convention. ,

Art. 3. A belligerent party which violates the provisions of the said
Regulations shall, if the case demands, be liable to pay compensation. It
shall be responsible for all acts committed by persons forming part of its
armed force.

Art. 4. The present Convention, duly ratified, shall as between the
Contracting Powers, be substituted for the Convention of the 29th of
July, 1890, respecting the Laws and Customs of War on Land.

The Convention of 1899 remains in force as between the Powers which
signed it, and which do not also ratify the present Convention.

(Articles 5, 6, 7, 8 and 9 contain the usual general provisions.) 2?

Regulations respecting the Laws and Customs of War on Land

Section I. On Belligerents
Chapter I—The Qualifications of Belligerents

Article 1. The laws, rights, and duties of war apply not only to armies,
but also to militia and volunteer corps fulfilling the following conditions:

1. To be commanded by a person responsible for his subordinates.

2. To have a fixed distinctive emblem recognizable at a distance.

3. To carry arms openly; and ‘

4. To conduct their operations in accordance with the laws and customs
of war.

In countries where militia or volunter corps constitute the army, or form
part of it, they are included under the denomination “army.”

Art. 2. The inhabitants of a territory which has not been occupied,
who, on the approach of the enemy, spontaneously take up arms to resist
the invading troops without having had time to organize themselves in
accordance with Article I, shall be regarded as belligerents if they carry
arms openly and if they respect the laws and customs of war.

Art. 3. The armed forces of the belligerent parties may consist of com-
batants and noncombatants. In the case of capture by the enemy, both
have a right to be treated as prisoners of war.

Chapter I]—Prisoners of War

Art. 4. Prisoners of war are in the power of the hostile Government,
but not of the individuals or corps who capture them.

They must be humanely treated.

All their personal belongings, except arms, horses, and military papers,
remain their property.

22 Senate Documents, 2d Session 61st Congress, 48, 2269.
204 INTERNATIONAL RELATIONS

Art. 5. Prisoners of war may be interned in a town, fortress, camp, or
other place, and bound not to go beyond certain fixed limits; but they
cannot be confined except as an indispensable measure of safety and only
while the circumstances which necessitate the measure continue to exist.

Art. 6. The State may utilize the labour of prisoners of war according
to their rank and aptitude, officers excepted. The task shall not be ex-
cessive and shall have no connection with the operations of the war.

Prisoners may be authorized to work for the public service, for private
persons, or on their own account.

Work done for the State is paid at the rates in force for work of a
similar kind done by soldiers of the national army, or, if there are none in
force, at a rate according to the work executed.

When the work is for other branches of the public service or for private
persons the conditions are settled in agreement with the military authori-
ties. ;

The wages of the prisoners shall go towards improving their position,
and the balance shall be paid them on their release, after deducting the
cost of their maintenance.

Art. 7. The Government into whose hands prisoners of war have fallen
is charged with their maintenance.

In the absence of a special agrement between the belligerents prison-
ers of war shall be treated as regards board, lodgings, and clothing on the
same footing as the troops of the Government who captured them.

Art. 8. Prisoners of war shall be subject to the laws, regulations, and
orders in force in the army of the State-in whose power they are. Any
act of insubordination justifies the adoption toward them of such meas-
ures of severity as may be considered necessary.

Escaped prisoners who are retaken before being able to rejoin their
own army or before leaving the territory occupied by the army which cap-
tured them are liable to disciplinary punishment. i

Prisoners who, after succeeding in escaping, are again taken prisoners,
are not liable to any punishment on account of the previous flight.

Art. 9. Every prisoner of war is bound to give, if he is questioned on
the subject, his true name and rank, and if he infringes this rule, he is
liable to have the advantages given to prisoners of his class curtailed.

Art. 10. Prisoners of war may be set at liberty on parole if the laws
of their country allow, and, in such cases, they are bound, on their per-
sonal honor, scrupulously to fulfil, both towards their own ‘Government
and the Government by whom they were made prisoners, the engage-
ments they have contracted.

In such cases their own government is bound neither to require of nor
accept from them any service incompatible with the parole given.

Art. 11. A prisoner of war cannot be compelled to accept his liberty
on parole; similarly the hostile Government is not obliged to accede to
the request of the prisoner to be set at liberty on parole.
THE HAGUE CONFERENCES 205

Art. 12, Prisoners of war liberated on parole and recaptured bearing
arms against the Government to whom they had pledged their honor, or
against the allies of that government, forfeit their right to be treated as
prisoners of war, and can be brought before the Courts.

Art. 13. Individuals who follow an army without directly belonging to
it, such as newspaper correspondents and reporters, sutlers and contrac-
tors, who fall into the enemy’s hands and whom the later thinks expedient
to detain, are entitled to be treated as prisoners of war, provided they are
in the possession of a certificate from the military authorities of the
army which they were accompanying.

Art. 14. An inquiry office for prisoners of war is instituted on the
commencement of hostilities in each of the belligerent States, and when
necessary, in neutral countries which have received belligerents in their
territory. It*is the function of this office to reply to all inquiries about
prisoners, It receives from the various services concerned full information
respecting interments and transfers, releases on parole, exchanges, escapes,
admissions into hospital, deaths, as well as other information necessary to
enable it to make out and keep up to date an individual return for each
prisoner of war. The office must state in this return the regimental num-
ber, name and surname, age, place of origin, rank, unit, wounds, date and
place of capture, internment, wounding, and death, as well as any observa-
tions of a special character. The individual return shall be sent to the Gov-
ernment of the other belligerent after the conclusion of peace.

It is likewise the function of the inquiry office to receive and collect all
objects of personal use, valuables, letters, etc., found on the field of battle
or left by prisoners who have been released on parole, or exchanged, or
who have escaped, or died in hospital or ambulances, and to forward them
to those concerned.

Art. 15. Relief societies for prisoners of war, which are properly con-
stituted in accordance with the laws of their country and with the object
of serving as the channel for charitable effort shall receive from the belli-
gerents, for themselves and their duly accredited agents every facility for
the efficient performance of their humane task within the bounds imposed
by military necessities and administrative regulations. Agents of these
societies may be admitted to the places of interment for the purpose of dis-
tributing relief, as also to the halting places of repatriated prisoners, if
furnished with a personal permit by the military authorities, and on giving
an undertaking in writing to comply with all measures of order and police
which the latter may issue.

Art. 16. Inquiry offices enjoy the privilege of free postage. Letters,
money orders, and valuables, as well as parcels post, intended for prisoners
of war, or dispatched by them, shall be exempt from all postal duties in
the countries of origin and destination, as well as in the countries they may
pass through.

Presents and relief in kind for prisoners of war shall be admitted free
206 INTERNATIONAL RELATIONS

of all import or other duties, as well as of payments for carriage by the
State railways.

Art. 17. Officers taken prisoners shall receive the same rate of pay as
officers of corresponding rank in the country where they are detained,
the amount to be ultimately refunded by their own Government.

Art. 18. Prisoners of war shall enjoy complete liberty in the exercise
of their religion, including attendance at the services of whatever church
they may belong to, on the sole condition that they comply with the
measures of order and police issued by the military authorities.

Art. 19. The wills of prisoners of war are received or drawn up the
same way as for soldiers of the national army.

The same rules shall be observed regarding death certificates as weli'e as
for the burial of prisoners of war, due regard being paid to their grade
and rank. ™

Art. 20. After the conclusion of peace, the repatriation of prisoners
of war shall be carried out as quickly as possible.

‘Chapter I1I]—The Sick and Wounded

Art. 21. The obligations of belligerents with regard to the sick and
wounded are governed by the Geneva Convention.

Section II. Hostilities
Chapter _I—Means of Injuring the Enemy, Sieges, and Bombardments

Art. 22. The rights of belligerents to adopt means of injuring the enemy
are not unlimited.

Art. 23. In addition to the prohibitions provided by special Conventions,
it is especially forbidden.

(a) To employ poison or poisoned weapons;

(b) To kill or wound treacherously individuals belonging to the
hostile nation or army;

(c) To kill or wound an enemy who, having laid down his arms, or
having no longer means of defence, has surrendered at discretion;

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

(e) To employ arms, projectiles, or material calculated to cause un-
necessary suffering;

(f) To make improper use of a flag of truce, of the national flag, or
of the military insignia and uniform of the enemy, as well as the
distinctive badges of the Geneva Convention;

(g) To destroy or seize the enemy’s property, unless such destruc-
tion or seizure be imperatively demanded by the necessities of
war;

(h) To declare abolished, suspended, or inadmissible in a court of law
the rights and actions of the nationals of the hostile party.

A belligerent is likewise forbidden to compel the nationals of the hostile
THE HAGUE CONFERENCES 297

party to take part in the operations of war directed against their own
country, even if they were in the belligerent’s service before the com-
mencement of the war.

Art. 24. Ruses of war and the employment of measures necessary for
obtaining information about the enemy and the country are considered
permissible.

Art. 25. The attack or bombardment, by whatever means, of towns,
villages, dwellings, or buildings which are undefended is prohibited.

Art. 26. The officer in command of an atacking force must, before com-
mencing a,bombardment, except in case of assault, do all in his power to
warn the authorities.

Art. 27. In sieges and bombardments all necessary steps must be taken
to spare, as far as possible, buildings dedicated to religion, art, science,
or charitable purposes, historic monuments, hospitals, and places where
the sick and wounded are collected, provided that they are not being used
at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings o:
places by distinctive and visible signs, which shall be notified to the enemy
beforehand.

Art. 28. The pillage of a town or place, even when taken by assault,
is prohibited.

Chapter II—Spies

Art. 29. A person can only be considered a spy when, acting clandes:
tinely or on false pretenses, he obtains or endeavors to obtain information
in the zone of operations of a belligerent, with the intention of communi-
cating it to the hostile party.

Thus, soldiers not wearing a disguise who have penetrated into the
zone of the operations of the hostile army, for the purpose of obtaining
information, are not considered spies. Similarly, the following are not
considered spies: Soldiers and civilians, carrying out their mission openly,
entrusted with the delivery of dispatches intended either for their own
army or for the enemy’s army. To this class belong likewise persons sent
in balloons for the purpose of carrying dispatches and, generally, of main-
taining communications between the different parts of an army or a
territory.

Art. 30. A spy taken in the act shall not be punished without previous
trial.

Art. 31. A spy who, after rejoining the army to which he belongs, is
subsequently captured by the enemy, is treated as a prisoner of war, and
incurs no responsibility for his previous acts of espionage.

Chapter IJI—Flags of Truce

Art. 32. A person is regarded as bearing a flag of truce who has been
authorized by one of the belligerents to enter into communication with
208 INTERNATIONAL RELATIONS

the other, and who advances bearing a white flag. He has a right to
inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer
and interpreter who may accompany him.

Art. 33. The commander to whom a flag of truce is sent is not in all
cases obliged to receive it.

He may take all the necessary steps to prevent the envoy taking advan-
tage of his mission to obtain information.

In case of abuse, he has the right to detain the envoy temporarily.

Art. 34. The envoy loses his right of inviolability if it is proved in a
clear and incontestable manner that he has taken advantage of his privi-
leged position to provoke or commit an act of treachery.

Chapter IV—Capitulations

Art. 35. Capitulations agreed upon between the contracting parties must
take into account the rules of military honour.
Once settled, they must be scrupulously observed by both parties.

Chapter V—Armistices

Art. 36. An armistice suspends military operations by mutual agreement
between the belligerent parties. If its duration is not defined, the belliger-
ent parties may resume operations at any time, provided always that the
enemy is warned within the time agreed upon, in accordance with the terms
of the armistice.

Art. 37. An armistice may be general or local. The first suspends the
military operations of the belligerent States everywhere; the second only
between certain fractions of the belligerent armies and within a fixed
radius.

Art. 38. An armistice must be notified officially and in good time to the
competent authorities and to the troops. Hostilities are suspended im-
mediately after the notification, or on the date fixed.

Art. 39. It rests with the contracting parties to settle, in the terms of
the armistice, what communications may be held in the theater of war
with the inhabitants and between the inhabitants of one belligerent State
with those of the other.

Art. 40. Any serious violation of the armistice by one of the parties
gives the other party the right of denouncing it, and even, in cases of
urgency, of recommencing hostilities immediately.

Art. 41, A violation of the terms of the armistice by private persons
acting on their own initiative only entitles the injured party to demand the
punishment of the offenders or, if necessary, compensation for the losses

sustained.
Section II. Military Authority over the Territory of the Hostile State

Art. 42. Territory is considered occupied when it is actually placed under
the authority of the hostile army.
THE HAGUE CONFERENCES 209

The occupation extends only to the territory where such authority has
been established and can be exercised.

Art. 43. The authority of the legitimate power having in fact passed into
the hands of the occupant, the latter shall take all the measures in his
power to restore, and ensure, as far as possible, public order and safety,
while respecting, unless absolutely prevented, the laws in force in the
country. :

Art. 44. A belligerent is forbidden to force the inhabitants of territory
occupied by it to furnish information about the army of the other bel-
ligerent, or about its means of defence.

Art. 45. It is forbidden to compel the inhabitants of occupied territory
to swear allegiance to the hostile Power.

Art. 46. Family honour and rights, the lives of persons, and private
property, as well as religious convictions and practice, must be respected.

Private property cannot be confiscated,

Art. 47. Pillage is formally forbidden.

Art. 48 If, in, the territory occupied, the occupant collects the taxes,
dues, and tolls imposed for the benefit of the State, he shall do so, as far
as possible, in accordance with the rules of assessment and incidence in
force, and shall in consequence be bound to defray the expenses of the
administration of the occupied territory to the same extent as the legiti-
mate Government was so bound.

Art. 49. If, in addition to the taxes mentioned in the above Article, the
occupant levies other money contributions in the occupied territory, this
shall only be for the needs of the army or of the administration of the
territory in question.

Art. 50. No general penalty, pecuniary or otherwise, shall be inflicted
upon the population on account of the acts of individuals for which they
cannot be regarded as jointly and severally responsible.

Art. 51. No contribution shall be collected except under a written or-
der, and on the responsibility of a Commander-in-chief.

The collection of the said contribution shall only be effected as far as
possible in accordance with the rules of assessment and incidence of the
taxes in force.

For every contribution a receipt shall be given to the contributors.

Art. 52. Requisitions in kind and services shall not be demanded
from municipalities or inhabitants except for the needs of the army of
occupation. They shall be in proportion to the resources of the country, and
of such a nature as not to involve the inhabitants in the obligation of tak-
ing part in military operations against their own country.

Such requisitions and services shall only be demanded on the authority
of the commander in the locality occupied.

Contributions in kind shall as far as possible be paid for in cash; if not,
a receipt shall be given, and the payment of the amount due shall be made
as soon as possible.
300 INTERNATIONAL RELATIONS

Art. 53. An army of occupation can only take possesion of cash,
funds, and realizable securities which are strictly the property of the
State, depots of arms, means of transportation, stores and supplies, and,
generally, all movable property belonging to the State which may be used
for military operations.

Art. 54. Submarine cables connecting occupied territory with a neutral
territory shall not be seized or destroyed except in the case of absolute
necessity. They must likewise be restored and compensation fixed when
peace is made.

Art. 55. The occupying state shall be regarded only as administrator
and usufructuary of public buildings, real estate, forests, and agricultural
estates belonging to the hostile State, and situated in the occupied coun-
try. It must safeguard the capital of these properties, and administer
them in accordance with rules of usufruct.

Art. 56. The property of municipalities, that of institutions dedicated
to religion, charity and education, the arts and sciences, even when state
property, shall be treated as private property.

All seizures of, destruction or wilful damage done to institutions of this
character, historic monuments, works of art and science is forbidden, and
should be made the subject of legal proceedings.?3

Declaration Prohibiting the Discharge of Projectiles and Explosives

from Balloons

The Undersigned Plenipotentiaries of the Powers invited to the Second
International Peace Conference at The Hague, duly authorized to that
effect by their Governments, inspired by the sentiments which found ex-
pression in the Declaration of St. Petersburg of the 29th November
(11th December), 1868, and being desirous of renewing the declaration
of The Hague of the 2oth July, 1809, which has now expired,

Declare:

The Contracting Powers agree to prohibit, for a period extending to
the close of the Third Peace Conference, the discharge of projectiles and
explosives from balloons or by other new methods of a similar nature.

The present Declaration is only binding on the Contracting Powers in
case of war between two or more of them.

It shall cease to be binding from the time when, in a war between the
Contracting Powers, one of the belligerents is joined by a non-Contracting
Power.23"

CoNvENTION RESPECTING THE RicHts AND Duties or NeutraL Powers AND
Persons IN War on Lanp
Chapter I—The Rights and Duties of Neutral Powers
Article 1. The territory of neutral Powers is inviolable.

23 Senate Documents, 2d Session 61st Congress, 48, 2281,
234 Senate Documents, 2d Session 61st Congress, 48, 2366.
THE HAGUE CONFERENCES 301

Art. 2, Belligerents are forbidden to move troops or convoys of either
munitions of war or supplies across the territory of a neutral Power.

Art. 3. Belligerents are likewise forbidden to:

(a) Erect on the territory of a neutral Power a wireless telegraph
station or other apparatus for the purpose of communicating with
belligerent forces on land or sea;

(b) Use any installation of this kind established by them before the
war on the territory of a neutral Power for purely military pur-
poses, and which has not been opened for the service of public
messages,

Art. 4. Corps of combatants cannot be formed nor recruiting agencies
opened on the territory of a neutral Power to assist the belligerents.

Art. 5. A neutral Power must not allow any of the acts referred to in
Articles 2 to 4 to occur on its territory.

It is not called upon to punish acts in violation of its neutrality unless
the said acts have been committed on its own territory.

Art. 6. The responsibility of a neutral Power is not engaged by the
fact of persons crossing the frontier separately to offer their services to
one of the belligerents.

Art. 7. A neutral Power is not called upon to prevent the export or
transport, on behalf of one or other of the belligerents, of arms, munitions
of war, or, in general, of anything which can be of use to an army
or fleet.

Art. 8. A neutral Power is not called upon to forbid or restrict the
use on behalf of the belligerents of telegraph or telephone cables or of
wireless telegraphy apparatus belonging to it or to Companies or private
individuals.

Art. g. Every measure of restriction or prohibition taken by a neutral
Power in regard to the matters referred to in Articles 7 and 8 must be
impartially applied by it to both belligerents.

A neutral Power must see to the same obligation being observed by
Companies or private individuals owning telegraph or telephone cables or
wireless telegraphy apparatus.

Art. 10. The fact of a neutral Power resisting, even by force, attempts
to violate its neutrality cannot be regarded as a hostile act.

Chapter II—Belligerents Interned and Wounded tended in
Neutral Territory

Art. 11. A neutral Power which receives on its territory troops belong-
ing to the belligerent armies shall intern them, as far as possible at a
distance from the theater of war.

It may keep them in camps and even confine them in fortresses or in
places set apart for this purpose.

It shall decide whether. officers shall be left at liberty on giving their
parole not to leave the neutral territory without permission.
302 INTERNATIONAL RELATIONS

Art. 12. In the absence of a special Convention to the contrary, the
neutral Power shall supply the interned with the food, clothing, and relief
required by humanity.

At the conclusion of peace the expenses caused by the internment shall
be made good.

Art. 13. A neutral Power which receives escaped prisoners of war
shall leave them at liberty. If it allows them to remain in its terri-
tory it may assign them a place of residence.

The same rule applies to prisoners of war brought by troops taking
refuge in the territory of a neutral Power.

Art. 14. A neutral Power may authorize the passage into its territory
of the sick and wounded belonging to the belligerent armies, on condi-
tion that the trains bringing them shall carry neither personnel or war
material. In such a case, the neutral Power is bound to take whatever
measures of safety and control are necessary for the purpose.

The sick or wounded brought under these conditions into neutral
territory by one of the belligerents, and belonging to the hostile party,
must be guarded by the neutral Power so as to ensure their not taking
part again in the military operations, The same duty shall devolve on
the neutral State with regard to wounded or sick of the other army who
may be committed to its care.

Art. 15. The Geneva convention applies to sick and wounded interned
in neutral territory.

Chapter IJI—Neutral Persons

Art. 16. The nationals of a State which is not taking part in the war
are considered as neutrals. ,

Art. 17, A neutral cannot avail himself of his neutrality:

(a) If he commits hostile acts against a belligerent;

(b) If he commits acts in favor of a belligerent, particularly if he
voluntarily enlists in the ranks of the armed forces of one of the
parties.

In such a case, the neutral shall not be more severely treated by the
belligerent as against whom he has abandoned his neutrality than a
national of the other belligerent State could be for the same act.

Art. 18, The following acts shall not be considered as committed in
favor of one belligerent in the sense of Article 17, letter (b);

(a) Supplies furnished or loans made to one of the belligerents, pro-
vided that the person who furnishes the supplies or who makes the
loans lives neither in the territory of the other party nor in the territory
occupied by him, and that the supplies do not come from these territories ;

(b) Services rendered in matters of police or civil administration.

Art. 19. Railway material coming from the territory of neutral Powers,
whether it be the property of the said Powers or of Companies or private
persons, and recognizable as such, shall not be requisitioned or utilized
THE HAGUE CONFERENCES 303

by a belligerent except where and to the extent that is absolutely neces-
sary. It shall be sent back as soon as possible to the country of origin.

A neutral Power may likewise in case of necessity, retain and utilize
to an equal extent material coming from the territory of the belligerent
Power. —

Compensation shall be paid by one party to the other in proportion to
the material used, and to the period of usage.

Chapter V—Final Provisions

(Substantially the same as in the other Conventions.) 24

Laws AND CUSTOMS OF WAR ON THE SEA

The second Hague Conference concluded conventions re-
lative to the Status of Enemy Merchant-ships at the Outbreak
of Hostilities; the Conversion of Merchant-ships into War-
ships; the Laying of Automatic Submarine Contact Mines;
Bombardment by naval forces in Time of War; the Adapta-
tion to Naval War of the Principles of the Geneva Convention;
relative to certain Restrictions with regard to the Exercise
of the Right of Capture in Naval War; for the creation of an
International Prize Court; and concerning the Rights and
Duties of Neutral Powers in Naval War. Afterward at the
International Naval Conference held at London a Declaration
was signed by the plenipotentiaries of Germany, the United
States, Austria-Hungary, France, Great Britain and The
Netherlands concerning the Laws of Naval Warfare. When
the great war broke out these conventions and agreements
were not technically in force because not ratified by all the
belligerents, but they stood as an expression of the representa-
tives of the nations as to what rules ought to be observed.
They related both to the operations, rights and duties of belli-
gerents and neutrals on the open sea, which is the common
property of all nations, and to the use of ports and interior
waters. Taken together they form a fairly complete code
for the regulation of naval warfare. They are all based on
full recognition of the right of nations to wage war and to do
so on the sea to which no nation or group of nations has ex-
clusive right. The need of international agreement on these

24 Senate Documents, 2d Session 61st Congress, 48, 2290.
304. INTERNATIONAL RELATIONS

subjects amounting to international legislation is obvious. The
ever increasing interdependence of the people of one nation on
those of others for supplies of food, manufacturers’ supplies,
fuel, and other necessaries, most of which must be transported
by water, renders every interference with the free use of the
oceans a matter of vital concern to all. The right to carry on
war all over the open sea being recognized, all nations are
directly interested in the establishment of fixed and definite
principles governing the rights and duties of belligerents and
neutrals toward each other, and this was the purpose of these
conventions. Though prepared with so much care and agreed
upon with so much difficulty, they failed most miserably to
accomplish the humane purposes of their authors, or to afford
rules of safety for neutrals in the operation of their merchant
ships. They have been even more flagrantly violated than the
conventions relating to the conduct of war on land. Their
most vital, essential and fundamental principles have been
disregarded, not merely in particular exceptional instances,
but habitually and continuously.

Merchant-ships in the ports of an enemy at the outbreak
of war have generally been seized and used. So far as the
published reports of the actions of belligerents go, it appears
that little if any attention has been paid to the convention on
that subject. It is too early, however, to give a full and re-
liable statement of the conduct of each government in this
respect. Merchant-ships have been converted into warships
without much if any complaint of the violation of the conven-
tion with reference to them. Very many losses both of life
and of property have been sustained by neutrals from the lay-
ing of automatic contact submarine mines in violation of the
convention relating to them. Loose mines have been en-
countered far away from the coast by neutral ships which
have been destroyed by them. Undefended towns, villages,
dwellings and other buildings on the coast of England were
bombarded by German warships in the early period of the
war, but the operations of the naval forces in land attacks
have not been of conspicuous importance. The principles
of the Geneva Convention applicable to naval warfare have
THE HAGUE CONFERENCES 305

been repeatedly and most grossly violated. Hospital ships
duly marked and bearing all the evidences of their character
in accordance with the convention relating to them have been
ruthlessly sunk, and the sick and wounded, the surgeons and
nurses on them exposed to all the perils of the sea in open
boats, or even intentionally fired upon, and killed, wounded
or drowned. The convention relative to the right of capture
in naval war deals only with a few points. The Hague Con-
ference did not succeed in covering the field of naval warfare
owing to diverse views in some respects. The duty of the
captor to secure the ship’s papers and the witnesses needed to
prove the character of the vessel and cargo, and to take the
ship into a port for adjudication, and all the procedure relating
to such adjudication and the disposition of the proceeds of
the confiscated property is very fully regulated by Title LIV of
the Revised Statutes of the United States. In the Articles
for the Government of the Navy it is provided: “If any
person in the Navy strips off the clothes of, or pillages, or in
any manner maltreats, any person taken on board a prize,
he shall suffer such punishment as a court-martial may ad-
judge.”** Wanton injuries to the captured crew are grounds
for civil damages.”* Captors are under obligations to show due
respect to the persons and property of neutrals, and to bring
in the prize in as good condition as possible.” These rules are
the generally accepted law of all civilized countries and have
been for more than a century. There were however various
matters connected with naval warfare as to which there were
differences in the customs and adjudications of the prize courts
of different nations. Most if not all of these were considered
and provided for in the Declaration of London. But this
Declaration was never ratified by the parties to it and therefore
has no binding effect as an agreement. It may also be said
that all the Hague conventions contain a provision that—
“The provisions of the present convention do not apply except
between the contracting powers, and then only if all the

25 Compiled Statutes of the United States 1918, §2977.
26 The Lively, 15 Fed.’ Cas. No. 8403.
27 Del Col v. Arnold, 3 Dallas (U.S.) 333.
306 INTERNATIONAL RELATIONS

belligerents are parties to the convention.” The course of
events in the war sustains von Moltke’s assertion that belliger-
ents will be influenced in their conduct by the circumstances
with which they are surrounded rather than by any set of
rules agreed to before the conflict. War having been declared,
Germany deemed it of vital importance to crush France at
once. The best road to France was through Belgium. Ger-
many therefore asked permission to move her army through
Belgium. This request was refused. Germany, France and
Great Britain guaranteed the neutrality of Belgium in the
general treaty of 1839,"* and afterward by separate treaties.
Under these treaties it was the plain duty of Belgium to re-
main neutral and prevent the passage of the German troops
over her territory. To respect this neutrality and attack
France only across the boundary of the two countries would
cause delay and unfavorable military situations. Germany
therefore disregarded her treaty and violated the most funda-
mental principles of good faith as well as of international
law. This conduct shocked the moral sense of neutral nations.
The slaughter of civilians who attempted to defend their
homes and the destruction of Louvain and other Belgian
towns, appeared as almost incredible exhibitions of savagery.

Great Britain entered the war to perform its treaty obliga-
tions and defend Belgium. Having the greatest navy in the
world, but a very small army, it used the weapon it had. The
most vulnerable place in Germany’s armor seemed to be in its
commerce and dependence on other nations for supplies.
England therefore blockaded its ports. But a mere blockade
of such ports as could be reached would not avail because
the ports of neutral rieighbors afforded ample facilities for
shipments from and to foreign countries. To make the block-
ade effective it was necessary to blockade the ports of Holland,
Denmark, Norway and Sweden. Article I of the Declaration
of London reads— “A blockade must not extend beyond the
ports and coasts belonging to or occupied by the enemy,” and
Article 18— ‘The blockading forces must not bar access to
neutral ports or coasts.” Great Britain did not bar all access

28 Taylor Int. Law 119. Wheaton Hist. Pt. iv, 526
THE HAGUE CONFERENCES 307

to the ports of the neutral nations, but did bar the entry of
merchandise into such ports of such kinds and to such extent
as it deemed best, without regard either to the rights or the
wishes of such neutral nations. Ships and cargoes from
America, then also neutral, were stopped and held as con-
traband.

The rules for determining what articles are to be deemed
contraband have not been altogether clear or well settled.
The Declaration of London defines three classes, absolyte con-
traband, including arms, munitions and military supplies of
all kinds, warships, their equipments and component parts,
and implements and apparatus for the manufacture of mu-
nitions ; conditional contraband :—foodstuffs, forage and grain,
clothing, vehicles, vessels, railway material and rolling stock,
balloons and flying machines, fuel, and other articles men-
tioned :—and articles not to be declared contraband including
raw cotton, wool, silk, jute, flax, hemp, and yarns of the same,
rubber, resins, gums, and lacs, hops, nitrates and phosphates
for agricultural purposes and metallic ores. Full lists of each
class are given respectively in Articles 22, 24 and 28 of the
Declaration. Concerning the absolute contraband the defini-
tion accords with the generally accepted principles of inter-
national law as they have been understood for a long time.
Under the provisions of Article 25 articles susceptible of use in
war other than those enumerated may be added to the list of
contraband on notice to the neutral powers. Prior to this
Declaration Great Britain, the United States and Japan, fol-
lowing the classification of Grotius, made three classes as
above,”® but the nations of continental Europe made only two,
contraband and free.*° The rule with reference to conditional
contraband before the Declaration of London was that it
could only be seized if destined for the military or naval forces
of the enemy.** Article 33 of the Declaration reads—
“Conditional contraband is liable to capture if it is shown to

29 Grotius, b. 3, c. 1, § 5. Moore Int. L. Dig. § 1250. The Brig Juneau,
38 Ct Cl. 465.

80 49 Cvc 357. Moore Int. L. Dig. § 251.

31 The Commercen, 1 Wheat. 283.
308 INTERNATIONAL RELATIONS

be destined for the use of the armed forces or of a govern-
ment department of the enemy state, unless in this latter case
the circumstances show that the goods cannot in fact be used
for the purposes of the war in progress.” To warrant the
seizure of conditional contraband the burden rests on the
captor to show that it is destined for hostile military uses.
Not only did Great Britain intercept conditional contraband
destined for German ports which was not consigned to the
authorjties and which could not be shown to be intended for
military uses, but it intercepted all supplies of food, clothing,
manufacturers’ raw material needed for the sustenance of the
civilian population and the peaceful industries of all kinds of
the Central Powers. Cotton, wool, and other fibres, expressly
declared by the Declaration of London not to be contraband
even when destined for enemy use, were intercepted and
seized when consigned to neutral nations in such quantities
as to indicate that their ultimate destination was Germany.
The general policy of cutting off all commerce to and from
the Central Powers by sea was rigorously pursued without
regard to the principles of international law or the Declaration
of London. Germany protested without avail. The United
States protested against the interruption of its lawful com-
merce, as also did the neutral nations of Europe, without
avail. Seizures extended to postal correspondence expressly
declared to be inviolable by the Hague Convention relative to
capture in naval warfare. The exigencies of war induced the
British Government to disregard international law and treaty
obligations owing to both belligerents and neutrals. The ex-
cuse for this attitude was that Germany was waging bloody war
on Belgium and France in violation of its solemn obligations
and with cruel violations of the laws of war on land. The
purpose of Great Britain was to strangle Germany and thus
prevent her warlike activities. The effects of the blockade
were keenly and continually felt throughout Germany and
Austria-Hungary. These belligerents had ample supplies
for all their military and naval forces, but not for them and
their civilian population also. Women, children and male
non-combatants were the actual sufferers from the blockade.
THE HAGUE CONFERENCES 309

Having failed to induce the British to observe international
law, Germany resorted to retaliation. The British navy ruled
the surface of the sea, but Germany had submarines. The
British Isles were dependent on merchant ships for food and
other necessary supplies. The submarines could not destroy
the navy, but they could sink merchant ships. Owing to their
construction and manner of operation it was not practicable
for them to make prizes of surface vessels and send them into
their ports for condemnation in accordance with the rules of
international law, for to attempt to do so would have resulted
in most cases in the recapture of the vessel with its prize crew
by the British. Article 50 of the Declaration of London
accords with the generally accepted principles of naval war-
fare and provides:— “Before the vessel is destroyed all
persons on board must be placed in safety, and all the ship’s
papers and other documents which the parties interested con-
sider relevant for the purpose of deciding on the validity of
the capture must be taken on board the warship.” Lack of
space and accommodations for the passengers and crew of a
large merchant-ship on a small submarine rendered it im-
practicable for submarines to provide for their safety in the
manner contemplated by international law. It was impossible
for a submarine to take along with it other vessels for the
accommodation of the people on the merchant-ships. Its only
effectual use was as a destroyer. All the great powers had
submarines adapted to the same uses. As naval weapons they
had been adopted by all great nations. The Germans reasoned
that this weapon should be used in the way that it would
accomplish the greatest results, that if they could destroy the
ships and supplies on which England depended the war would
be won, and that they were justified by the necessities of their
situation in disregarding the laws of war, especially as against
Great Britain which had itself violated them openly and
flagrantly in so many particulars. Acting in accordance with
this line of reasoning the Germans determined to make full
use of their submarines, to destroy enemy ships, cargoes, crews,
and such passengers as ventured to disregard their warning of
danger.
310 INTERNATIONAL RELATIONS

On February 4, 1915, the German Admiralty announced
that—

“The water around Great Britain and Ireland, including the whole
of the English Channel, are declared a war zone from and after February
18, 1915.

“Every enemy merchant ship found in this war zone will be destroyed,
_even if it is impossible to avert dangers which threaten the crew and pas-
sengers.

“Also, neutral ships in the war zone are in danger, as in consequence
of the misuse of neutral flags ordered by the British Government on
January 31, and in view of the hazards of naval warfare, it cannot always
be avoided that attacks meant for enemy ships endanger neutral ships.

“Shipping northward, around the Shetland Islands, in the eastern basin
of the North Sea, and in a strip at least thirty nautical miles in breadth
along the Dutch coast is endangered in the same way.32

On May 1, 1915, The Gulflight, an American ship, flying a
large American flag, bound from Port Arthur, Texas, to
Rouen, France, with a cargo of oil and gasoline was torpedoed
by a submarine off the Scilly Isles.**

On the same day the Lusitania of the Cunard line sailed
from New York with 2,104 persons on board, 187 of whom
were Americans. Next to the published notice of the sailing
of this vessel appeared the following: ‘‘Notice: Travelers
intending to embark on the Atlantic voyage are reminded that
a state of war exists between Germany and her allies and
Great Britain and her allies; that the zone of war includes the
waters adjacent to the British Isles; that, in accordance with
formal notices given by the Imperial German Government,
vessels flying the flag of Great Britain, or any of her allies,
are liable to destruction in those waters and that travelers
sailing in the war zone on ships of Great Britain or her allies
do so at their own risk.

IMPERIAL GERMAN EMBassy,
Washington, D. C., April 22, 1915.”**
On May 7, 1915, the Lusitania was torpedoed and sunk by a
German submarine near Kinsale on the Irish coast with a loss
82 Literary Digest, No. 1295, 304.

33 Td. No. 1308, 1135.
34 Literary Digest, No. 1300, 1199.
THE HAGUE CONFERENCES sit

of 1,052 lives, of whom 114 were Americans. Among the
number were people of much prominence and the feeling of
horror and indignation at this most barbarous and unwar-
ranted act was widespread thfoughout America. Germany
did not disavow responsibility for it, but claimed that the
notification was all the passengers were entitled to. Opera-
tions of the submarines were not confined to enemy ships, but
neutrals within the war zone were also ruthlessly sunk. On
August 19, 1915, the Arabic, westbound with 423 persons on
board, including 29 Americans, was sunk by a submarine fifty
miles west of the place where the Lusitania went down. By
September, 1915, it was reported that 98 British merchant
ships and 95 neutral ships had been sunk. November 8, 1915,
the Ancona, a passenger ship west bound, was sunk by an
Austrian submarine off the coast of Sardinia. These gross and
palpable violations of the rights of neutrals as well as of
belligerents brought out diplomatic correspondence which re-
sulted in an assurance from the German Government that the
practice of indiscriminate sinking without warning would cease
and that the following order had been giyen to the naval
forces: “In accordance with the general principles of visit
and search and the destruction of merchant vessels, recognized
by international law, such vessels, both within and without the
area declared a naval war zone, shall not be sunk without warn-
ing and without saving human lives unless the ship attempt to
escape or offer resistance.”

On March 24, 1916, notwithstanding the above assurance
from the German Government, the Sussex, a passenger ship
loaded with non-combatants, was sunk in the British Channel
by a submarine. Germany had failed to gain the decisive
military advantages hoped for at the beginning of the war.
The pressure of the British blockade was causing great priva-
tion among the poor in Germany and Austria~-Hungary.
Trench warfare resulted in a deadlock on the western front.
More decisive operations were demanded. Air raids were
multiplied and the use of poisonous gases increased. These
were clearly and unequivocally prohibited by the Hague con-
312 INTERNATIONAL RELATIONS

ventions,®® but the views of government officials concerning
military necessity overrode all law. The destruction of allied
and neutral shipping went on, but subject to some observance
of the law requiring notice before sinking and provision for
the safety of passengers. The observance of these restrictions
caused delay and danger to the submarine, and the German
Government resolved on ruthless destruction without other
than the general warning. On January 31, 1917 a note was
handed to the Secretary of State of the United States in which
it was said:

“After the attempts to come to an understanding with the Entente Pow-
ers have been answered by the latter with the announcement of an inten-
sified continuation of the war, the Imperial Government—in order to serve
the welfare of mankind in a higher sense and not to wrong its own
people—is now compelled to continue the fight for existence again forced
upon it, with the full employment of all the weapons which are at its dis-
posal. ... The now openly disclosed intention of the Entente Allies, gives
back to Germany the freedom of action which she reserved in her note
addressed to the Government of the United States on May 4, 1916.

“Germany will meet the illegal measures of her enemies by forcibly
preventing, after February I, 1917, in a zone around Great Britain, France,
Italy, and in the edstern Mediterranean, all navigation, that of neutrals
included, from and to England and from and to France, etc. etc. All
ships met within that zone will be sunk.

“The Imperial Government is confident that this measure will result in
a speedy termination of the war and in the restoration of peace, which
the Government of the United States has so much at heart.’”’386

This announcement of a deliberate purpose to utterly dis-
regard all the principles of international law relating to war-
fare on the sea, and all the principles of the Hague conventions
and the, Declaration of London on the subject, was followed
by a declaration of war by the United States on April 6, 1917.
From this time on the war was prosecuted with a savagery
and disregard of international law and treaty obligations on
land and sea, unprecedented on any large scale since the Thirty
Years’ War. The destruction wrought by the submarines was

35 Declaration concerning the Discharge of Projectiles from Balloons.
Senate Documents, 2d Session 61st Congress, 48, 2366. Customs of War on
Land, Art. XXII, Id. 2285.

36 Literary Digest, No. 1399, 322.
THE HAGUE CONFERENCES 313

indeed appalling. The tonnage of British shipping sunk
progressed year after year: in 1914, 300,000, in 1915, I,050,-
000, in 1916, 1,550,000, in 1917, 4,000,000.*7 In 1914 there
were in all the merchant fleets of all nations 30,500 sea going
vessels of a total capacity of more than 70,000,000 deadweight
tons. Of these an aggregate of 21,500,000 tons were lost
or destroyed during the war, including very many belonging
to neutrals.** Strictly accurate figures in detail cannot be
given concerning these ships-nor of the lives lost with them,
but there were thousands of them.

Warfare in the air and attacks from the air, theretofore un-
known, became a very important factor in the struggle. It
commenced by Zeppelin raids dropping bombs indiscriminately
on English, and soon after on French, towns. London and
Paris with their vast multitudes of civilians were the principal
objectives. The Zeppelins caused the death of many civilians
and the destruction of much property, but were themselves
destroyed. Then followed the newer air crafts, invented by
both sides, and battles in the air; bombing operations by both
parties to the conflict and ultimate superiority in the air of the
Allies. This weapon had been finally turned against the Cen-
tral Powers. Not content with the efficiency of the highly
perfected guns and munitions ordinarily used in wars, the
Germans resorted to the use of poisonous gases and liquid
fire, at first with great effect. The allied powers met their
gas with other even more destructive gas. The submarine
was confronted with the deadly depth bomb, filled with an
explosive far more powerful than had ever before been used,
making its destruction when discovered submerged certain and
absolute, without hope of escape for any of its crew. The
red cross on hospitals and ambulances served rather to desig-
nate a target for the Germans than as a protection of the sick,
wounded, nurses and surgeons. Thus at the last end of the
war both parties violated the most fundamental rules of inter-
national law designed to mitigate the savagery of war on sea
and land, each party claiming justification from the conduct

37 Literary Digest, No. 146e, 21.
38 National Geographic Magazine, Vol. 34, 179.
314 INTERNATIONAL RELATIONS

of the other. All this happened soon after most unusual
efforts in all countries to prevent war by offering peaceful
alternatives and to reduce its evil consequences to a minimum
when it did come.

The lessons to be drawn from all the horrible experiences of
this greatest of all wars are plain and unmistakable. War
is essentially savage in its nature, and no rules designed to
civilize it can by any possibility change its nature. The effort
must be to provide ample means for the just settlement of in-
ternational controversies without resort to arms. The na-
tions must each and all be required to abdicate that attribute
of sovereignty which allows any nation to wage war when and
as it will. It cannot wage war under existing world con-
ditions without doing injury to the whole family of nations.
War between any two is a matter of concern to all others who
have dealings with them. This is true to a far greater degree
than that peace between the members of a state is a matter of
concern to all its citizens. The state may have many million
citizens and a combat between two of them be known to but
a very few, but there are only about fifty nations, great and
small, and war between any two of them is sure to affect some
or all the others. The day of remoteness and isolation is
past. Each great nation is in close and daily contact with
every other great nation, and is vitally interested in the pre-
servation of its peace and the promotion of its welfare. The
moral forces of the world have determined this great war,
and have overthrown the greatest military organization that
was ever built up. Ruthless warfare has resulted in the over-
throw of those who resorted to it. The awful destruction of
life, the fearful sufferings from wounds, exposure, famine,
and the ruthlessness of war have made clear as never before
the imperative need of a sane combination of all the nations
for the preservation of the peace of each and all.

The Hague conventions above referred to and the Declara-
tion of London are given below in full. They are still worthy
of careful study. Many of their provisions have been gen-
erally observed, but the good resulting from them appears of
very minor importance in comparison with the horrors which
THE HAGUE CONFERENCES 315

have resulted from their violation. All these combined are
small when measured by the misery and destruction caused
by what are termed the legitimate activities of the war. It is
war itself that deserves the highest condemnation.

ConvENTION RELATIVE TO THE STATUS oF ENEMY MERCHANT SHIPS
AT THE OUTBREAK OF HosTILITIES

Article 1. When a merchant ship belonging to one of the belligerent
Powers is at the commencement of hostilities in an enemy port, it is
desirable that it should be allowed to depart freely, either immediately
or after a reasonable number of days of grace, and to proceed, after being
furnished with a pass, direct to its port of destination or any other port
indicated,

The same rule should apply in the case of a ship which has left its port
of departure before the commencement of the war and entered a port
belonging to the enemy while still ignorant that hostilities had broken out.

Art. 2. A merchant ship unable, owing to circumstances of force
majeure, to leave the enemy port, or which was not allowed to leave,
cannot be confiscated.

The belligerent may only detain it, without payment of compensation,
but subject to the obligation of restoring it after the war, or requisition
ft on payment of compensation.

Art. 3. Enemy merchant ships which left their last port of departure
before the commencement of the war, and are encountered on the high
seas while still ignorant of the outbreak of hostilities cannot be confiscated.
They are only liable to detention on the understanding that they shall be
restored after the war without compensation, or to be requisitioned, or
even destroyed, on payment of compensation, but in such case provision
must be made for the safety of the persons on board as well as the se-
curity of the ship’s papers.

After touching at a port in their own country or a neutral port, these
ships are subject to the laws and customs of maritime war.

Art. 4. Enemy cargo on board the vessels referred to in Articles 1 and
2 is likewise liable to be detained and restored after the termination of
the war without payment of compensation, or to be requisitioned on pay-
ment of compensation, with or without the ship.

The same rule applies in the case of cargo on board the vessels referred
to in Article 3.

Art. 5. The present convention does not affect merchant ships whose
build shows that they are intended for conversion into war ships.

Art. 6. The provisions of the present convention do not apply except
between contracting Powers, and then only if all the belligerents are par-
ties to the convention.89

(Articles 7 to 11 inclusive contain the usual final provisions.)

39 Bridgman, First Book of World Law, 115.
316 INTERNATIONAL RELATIONS

ConvENTION RELATIVE To THE CONVERSION oF MERCHANT SHIPS
INTO WARSHIPS

Article 1. A merchant ship converted into a warship cannot have the
rights and duties accruing to such vessels unless it is placed under the
direct authority, immediate control, and responsibility of the Power whose
flag it flies.

Art. 2. Merchant ships converted into warships must bear the external
marks which distinguish the warships of their nationality.

Art. 3. The commander must be in the service of the state and duly
commissioned by the competent authorities. His name must figure on the
list of the officers of the fighting fleet.

Art. 4. The crew must be subject to military discipline.

Art. 5. Every merchant ship converted into a warship must observe
in its operations the laws and customs of war.

Art. 6. A belligerent who converts a merchant ship into a warship
must, as soon as possible, announce such conversion in the list of war-
ships.

Art. 7. The provisions of the present convention do not apply except
between contracting Powers, and then only if all the belligerents are
parties to the convention.4°

(Articles 8 to 12 inclusive contain the usual final provisions.)

Tue Layinc or AUTOMATIC SUBMARINE Contact MINES

New inventions of destructive devices designed for use in
war, which may injure neutrals as well as belligerents call for
international law regulating their use. Automatic submarine
contact mines concealed from view and charged with explosives
capable of destroying any ship striking one of them, can only
be avoided by definite knowledge of their location. If allowed
to float with tides and currents of the sea they become a men-
ace to all shipping. They are designed for either offensive
or defensive use, to aid in blockading a port of the enemy or
as a protection to the ports of the power laying them. Their
use is of such recent origin that no rules of international law
relating to their use had been developed before the second
Hague Conference. To mitigate the many great dangers re-
sulting from their use the following convention was signed and
may fairly be said to afford all the international law theced is on
the subject.

40 Bridgman, First Book of World Law, 117.
THE HAGUE CONFERENCES 317

Convention RELATIVE To THE LAYING oF AUTOMATIC SUBMARINE
Contact Mines

Article 1. It is forbidden:

1. To lay unanchored contact mines, except when they are so con-
structed as to become harmless one hour at most after the person who
laid them ceases to control them ;

2. To lay anchored automatic contact mines which do not become harm-
less as soon as they have broken loose from their moorings ;

3. To use torpedoes which do not become harmless when they have
missed their mark.

Art. 2. It is forbidden to lay automatic contact mines off the coast
and ports of the enemy, with the sole object of intercepting commercial
shipping.

Art. 3. When anchored contact mines are employed, every possible
precaution must be taken for the security of peaceful shipping.

The belligerents undertake to do their utmost to render these mines
harmless within a limited time, and, should they cease to be under surveil-
lance, to notify the danger zones as soon as military exigencies permit, by
a notice addressed to ship owners, which must also be communicated to
the Governments through the diplomatic channel.

Art. 4. Neutral Powers which lay automatic contact mines off their
coasts must observe the same rules and take the same precautions as are
imposed on belligerents.

The neutral Powers must inform ship owners, by a notice issued in ad-
vance, where automatic contact mines have been laid. This notice must be
communicated at once to the Governments through the diplomatic channel.

Art. 5. At the close of the war, the Contracting Powers undertake to
do their utmost to remove the mines which they have laid, each Power
removing its own mines.

As regards anchored automatic contact mines laid by one of the belli-
gerents off the coast of the other, their position must be notified to the
other party by the Power which laid them, and each Power must proceed
with the least possible delay to remove the mines in its own waters.

Art. 6. The Contracting Powers which do not at present own perfected
mines of the pattern contemplated in the present Convention, and which,
consequently, could not at present carry out the rules laid down in
Articles 1 and 2, undertake to convert the matériel of their mines as soon
as possible, so as to bring it into conformity with the foregoing require-
ments.

Art. 7. The provisions of the present Convention do not apply except
between Contracting Powers, and then only if all the belligerents are
parties to the Convention.

(Usual final provisions. Convention to remain in force seven years, and
reopened within six months thereafter.) 41

41 Senate Documents, 2d Session 61st Congress, 48, 2304.
318 INTERNATIONAL RELATIONS

Conventon Respectinc BoMBARDMENT BY NavaL Forces
In TIME OF WaR

Chapter I—The Bombardment of Undefended Ports, Towns, Villages,
Dwellings, or Buildings

Article 1. The bombardment by naval forces of undefended ports,
towns, villages, dwellings, or buildings is forbidden.

A place cannot be bombarded solely because automatic submarine mines
are anchored off the harbour.

Art. 2. Military works, military or naval establishments, depots of
arms of war matériel, workshops or plants which could be utilized for the
needs of the hostile fleet or army, and the ships of war in the harbour, are
not, however, included in this prohibition. The commander of a naval
force may destroy them with artillery, after a summons followed by a rea-
sonable time of waiting, if all other means are impossible, and when the
local authorities have not themselves destroyed them within the time fixed.

He incurs no responsibility for any unavoidable damage which may be
caused by a bombardment under such circumstances.

lf for military reasons immediate action is necessary, and no delay can
be allowed the enemy, it is understood that the prohibition to bombard the
undefended town holds good, as in the case given in paragraph 1, and
that the commander shall take all due measures in order that the town
may suffer as little harm as possible.

Art. 3. After due notice has been given, the bombardment of undefended
ports, towns, villages, dwellings, or buildings may be commenced, if the
local authoirties, after a formal summons has been made to them, decline
to comply with requisitions for provisions or supplies necessary for the
immediate use of the naval force before the place in question.

These requisitions shall be in proportion to the resources of the place.
They shall only be demanded in the name of the commander of the said
haval force, and they shall, as far as possible, be paid for in cash; if not,
they shall be evidenced by receipts.

Art. 4. Undefended ports, towns, villages, dwellings, or buildings may
not be bombarded on account of failure to pay money contributions.

Chapter II—General Provisions

Art. 5. In bombardments by naval forces all the necessary measures
must be taken by the commander to spare as far as possible sacred edi-
fices, buildings used for artistic, scientific, or charitable purposes, historic
monuments, hospitals, and places where the sick or wounded are collected,
on the understanding that they are not used at the time for military
purposes.

It is the duty of the inhabitants to indicate such monuments, edifices,
or places by visible signs, which shall consist of large stiff rectangular
panels divided diagonally into two coloured triangular portions, the upper
portion black, the lower portion white.
THE HAGUE CONFERENCES 319

Art. 6. If the military situation permits, the commander of the attack-
ing force, before commencing the bombardment, must do his utmost to
warn the authorities.

Art. 7. A town or place, even when taken by storm, may not be pillaged.

Chapter I[I—Final Provisions

(Articles 8 to 13 contain the usual final provisions of the Hague Con-
ventions. ) 42

CONVENTION FOR THE ADAPTATION TO NAVAL WAR OF THE PRINCIPLES
OF THE GENEVA CONVENTION

Article 1. Military hospital-ships, that is to say, ships constructed or
assigned by States specially and solely with a view to assisting the wound-
ed, sick, and shipwrecked, the names of which have been communicated to
the belligerent Powers at the commencement or during the course of hos-
tilities, and in any case before they are employed, shall be respected, and
cannot be captured while hostilities last.

These ships, moreover, are not on the same footing as warships as
regards their stay in a neutral port.

Art. 2. Hospital-ships, equipped wholly or in part at the expense of pri-
vate individuals or officially recognized relief societies, shall be likewise
respected and exempt from capture, if the belligerent Power to whom they
belong has given them an official commission and has notified their names
to the hostile Power at the commencement of or during the hostilities, and
in any case before they are employed. ;:

These ships must be provided with a certificate from the cempetent
authorities declaring that the vessels have been under their control while
fitting out and on final departure.

Art. 3. Hospital-ships, equipped wholly or in part at the expense of
private individuals or officially recognized societies of neutral countries,
shall be respected and exempt from capture, on condition that they are
placed under the control of one of the belligerents, with the previous con-
sent of their own Government and with the authorization of the belliger-
ent himself, and that the latter has notified their name to his adversary
at the commencement of or during hostilities, and in any case, before they
are employed.

Art. 4. The ships mentioned in Articles 1, 2 and 3, shall afford relief
and assistance to the wounded, sick, and shipwrecked of the belligerents
without distinction of nationality.

The Governments undertake not to use these ships for any military

_ purpose.
These vessels must in no wise hamper the movements of the combatants.
During and after the engagement they will act at their own risk and peril.

42 Senate Documents, 3d Session 61st Congress, 48, 2321.
320 INTERNATIONAL RELATIONS

The belligerents shall have the right to control and search them; they
can refuse to help them, order them off, make them take a certain course,
and put a Commissioner on board; they can even detain them, if impor-
tant circumstances require it.

As far as possible, the belligerents shall enter in the log of the hospital-
ships the orders which they give them.

Art. 5. Military hospital-ships shall be designated by being painted
white outside with a horizontal band of green about a metre and a half
in breadth.

The ships mentioned in Articles 2 and 3 shall be designated by “being
painted white outside with a horizontal band of red about a metre and a
half in breadth.

The boats of the ships above mentioned, as also small craft which may
be used for hospital work, shall be distinguished by similar painting.

All hospital-ships shall make themselves known by hoisting, with their
national flag, the white flag with a red cross provided by the Geneva Con-
vention, and further, if they belong to a neutral State, by flying at the
mainmast the national flag of the belligerent under whose control they are
placed.

Hospital-ships which, in the terms of Article 4, are detained by the
enemy, must haul down the national flag of the belligerent to whom they
belong.

The ships and boats above mentioned which wish to ensure by night
the freedom from interference to which they are entitled, must, subject
to the assent of the belligerent they are accompanying, take the neces-
sary measures to render their special painting sufficiently plain.

Art. 6. The distinguishing signs referred to in Article 5 can only be
used, whether in time of peace or war, for protecting or indicating the
ships therein mentioned.

Art. 7. In the case of a fight on board a warship, the sick-wards shall be
respected and spared as far as possible.

The said sick-wards and the matériel belonging to them remain subject
to the laws of war; they cannot, however, be used for any purpose other
than that for which they were originally intended, so long as they are
required for the sick and wounded.

The commander, however, into whose power they have fallen may apply
them to other purposes, if the military situation requires it, after seeing
that the sick and wounded on board are properly provided for.

Art. 8. Hospital-ships and sick-wards of vessels are no longer entitled
to protection if they are employed for the purpose of injuring the enemy.

The fact of the staff of the said ships and sick-wards being armed for
maintaining order and for defending the sick and wounded, and the pres-
ence of wireless telegraphy apparatus on board, is not a sufficient reason
for withdrawing protection.

Art. 9. Belligerents may appeal to the charity of the commanders of
THE HAGUE CONFERENCES 321

neutral merchant-ships, yachts, or boats to take on board and tend the
sick and wounded.

Vessels responding to this appeal, and also vessels which have of their
own accord rescued sick, wounded, or shipwrecked men, shall enjoy spe-
cial protection and certain immunities. In no case can they be captured
for having such persons on board, but, apart from special undertakings
that have been made to them, they remain liable to capture for any vio-
lations of neutrality they may have committed.

Art. 10. The religious, medical, and hospital staff of any captured
ship is inviolable, and its members cannot be made prisoners of war. On
leaving the ship they take away with them the objects and surgical instru-
ments which are their own private property.

This staff shall continue to discharge its duties while necessary, and
can afterwards leave, when the Commander-in-chief considers it possible.

The belligerents must guarantee to said staff, when it has fallen into
their hands, the same allowances and pay which are given to the staff
of corresponding rank in their own army.

Art. 11, Sailors and soldiers on board, when sick or wounded, as well
as other persons officially attached to fleets or armies, whatever their
nationality, shall be respected and tended by the captors.

Art. 12, Any warship belonging to a belligerent may demand that sick,
wounded or shipwrecked men on board military hospital-ships, hospital-
ships belonging to relief societies or to private individuals, merchant-ships,
yachts, or boats, whatever the nationality of these vessels, should be
handed over.

Art. 13. If sick, wounded, or shipwrecked persons are taken on board
a neutral warship, every possible precaution must be taken that they
do not again take part in the operations of the war.

Art. 14. The shipwrecked, wounded, or sick of one of the belligerents
who fall into the power of the other belligerent are prisoners of war.
The captor must decide, according to circumstances, whether to keep
them, send them to a port of his own country, to a neutral port, or even
to an enemy port. In this last case, prisoners thus repatriated cannot
serve again while the war lasts.

Art. 15. The shipwrecked, sick, or wounded, who are landed at a neutral
port with the consent of the local authorities, must, unless an arrange-
ment is made to the contrary between the neutral State and the belliger-
ent States, be guarded by the neutral State so as to prevent them again
taking part in the operations of the war.

The expenses of tending them in hospital and interning them shall be
borne by the State to which the shipwrecked, sick, or wounded persons
belong.

Art. 16. After every engagement, the two belligerents, so far as mili-
tary interests permit, shall take steps to look for the shipwrecked, sick,
and wounded, and to protect them, as well as the dead, against pillage and
ill treatment.
322 INTERNATIONAL RELATIONS

They shall see that the burial, whether by land or sea, or cremation of
the dead shall be preceded by a careful examination of the corpse.

Art. 17. Every belligerent shall send, as early as possible, to the authori-
ties of their country, navy, or army the military marks or documents of
identity found on the dead and the description of the sick and wounded
picked up by him.

The belligerents shall keep each other informed as to the internments
and transfers as well as to the admissions into hospital and deaths which
have occurred among the sick and wounded in their hands. They shall
collect all the objects of personal use, valuables, letters, etc., which are
found in the captured ships, or which have been left by the sick or wounded
who died in hospital, in order to have them forwarded to the persons
concerned by the authorities of their own country.

Art. 18. The provisions of the present Convention do not apply except
as between Contracting Powers, and then only if all the belligererits are
parties to the Convention.

Art. 19. The Commanders-in-chief of the belligerent fleets must see
that the above Articles are properly carried out; they will also have
to see to cases not covered thereby, in accordance to the instructions of
their respective Governments and in conformity with the general princi-
ples of the present Convention.

Art. 20. The Signatory Powers shall take the necessary measures for
bringing the provisions of the present Convention to the knowledge of
their naval forces, and especially to the members entitled thereunder to
immunity, and for making them known to the public.

Art. 21. The Signatory Powers likewise undertake to enact or to
propose to their Legislatures, if their criminal laws are inadequate, the
measures necessary for checking in time of war individual acts of pil-
lage and ill-treatment in respect to the sick and wounded in the fleet,
as well as for punishing, as an unjustifiable adoption of naval or mili-
tary marks, the unauthorized use of the distinctive marks mentioned in
Article 5 by vessels not protected by the present Convention.

They will communicate to each other, through the Netherland Govern-
ment, the enactments for preventing such acts at the latest within five
years of the ratification of the present Convention.

Art. 22. In the case of operations of war betwen land and sea forces
of belligerents, the provisions of the present Convention do not apply
except between the forces actually on board ship.4%

(Articles 23 to 28 contain the usual final provisions.)

ConvENTION RELATIVE To RicHT oF Capture IN Navat War

Chapter I—Postal Correspondence

Article 1. The postal correspondence of neutrals or belligerents, what-
ever its official or private character may be, found on the high seas on

43 Senate Documents, 2d Session 61st Congress, 48, 2333.
THE HAGUE CONFERENCES 323

board a neutral or enemy ship, is inviolable. If the ship is detained, the
correspondence is forwarded by the captor with the least possible delay.

The provisions of the preceding paragraph do not apply, in case of
violation of blockade, to correspondence destined for or proceeding from
a blockaded port. .

Art. 2, The inviolability of postal correspondence does not exempt a
neutral mail-ship from the laws and customs of maritime war as to neutral
merchant-ships in general. The ship, however, may not be searched except
when absolutely necessary, and then only with as much consideration and
expedition as possible.

Chapter II—The Exemption from Capture of Certain Vessels

Art. 3. Vessels used exclusively for fishing along the coast or small
boats employed in local trade are exempt from capture, as well as their
appliances, rigging, tackle, and cargo.

They cease to be exempt as soon as they take any part.whatever in hos-
tilities,

The Contracting Powers agree not to take advantage of the harmless
character of the said vessels in order to use them for military purposes
while preserving their peaceful appearance.

Art. 4. Vessels charged with religious, scientific, or philanthropic mis-
sions are likewise exempt from capture.

Chapter I1I—Regulations regarding the Crews of Enemy Merchant-ships
Captured by a Belligerent

Art. 5. When an enemy merchant-ship is captured by a belligerent, such
of its crew as are nationals of a neutral State are not made prisoners of
war.

The same rule applies in case of the captain and officers likewise nation-
als of a neutral State, if they promise formally in writing not to serve on
an enemy ship while the war lasts.

Art. 6. The captain, officers, and members of the crew, when nationals
of the enemy State are not made prisoners of war, on condition that they
make a formal promise in writing, not to undertake, while hostilities last,
any service connected with the operations of the war.

Art. 7. The names of the persons retaining their liberty under the con-
ditions laid down in Article 5, paragraph 2, and in Article 6, are notified
by the belligerent captor to the other belligerent. The latter is forbidden
knowingly to employ the said persons.

Art! 8. The provisions of the three preceding articles do not apply to“
ships taking part in the hostilities. ~

(Chapter IV contains the usual Final Provisions.) 44

44 Senate Documents, 2d Session 61st Congress, 48, 2347.
324 INTERNATIONAL RELATIONS

ConvENTION CoNCERNING THE Ricuts anp Duties or NEUTRAL
Powers In NavaL WAR

Article 1. Belligerents are bound to respect the sovereign rights of
neutral Powers and to abstain, in neutral territory or in neutral waters,
from any act which would, if*knowingly permitted by any Power, con-
stitute a violation of neutrality.

Art. 2. Any act of hostility, including capture and the exercise of the
right of search, committed by belligerent warships in the territorial waters
of a neutral Power, constitute a violation of neutrality and is strictly for-
bidden.

Art. 3. When a ship has been captured in the territorial waters
of a neutral Power, this Power must employ, if the prize is still within
its jurisdiction, the means at its disposal to release the prize with its
officers and crew, and to intern the prize crew.

If the prize is not in the jurisdiction of the neutral Power, the captor
Government, on the demand of that Power, must liberate the prize with its
officers and crew.

Art. 4. A Prize Court cannot be set up by a belligerent on neutral terri-
tory or on a vessel in neutral waters.

Art. 5. Belligerents are forbidden to use neutral ports and waters as a
base of naval operations against their adversaries, and in particular to erect
wireless telegraphy stations or any apparatus for the purpose of communi-
cating with the belligerent forces on land or sea.

Art. 6. The supply, in any manner, directly or indirectly, by a neutral
Power to a belligerent Power, of warships, ammunition, or war material
of any kind whatever, is forbidden.

Art. 7. A neutral Power is not bound to prevent the export or transit,
for the use of either belligerent, of arms, ammunitions, or, in general, of
anything which could be of use to an army or fleet.

Art. 8 A neutral Government is bound to employ the means at its dis-
posal to prevent the fitting out or arming of any vessel within its juris-
diction which it has reason to believe is intended to cruise, or engage in
hostile operations, against a Power with which that Government is at peace.
It is also bound to display the same vigilance to prevent the departure
from its jurisdiction of any vessel intended to cruise, or engage in hostile
operations, which have been adapted entirely or partly within said juris-
diction for use in war.

Art. 9. A neutral Power must apply impartially to the two belligerents
the conditions, restrictions, or prohibitions made by it in regard to the
admission into its ports, roadsteads, or territorial waters, of belligerent
warships or of their prizes.

Nevertheless, a neutral Power may forbid a belligerent vessel which has
failed to conform to the orders and regulations made by it, or which has
violated neutrality, to enter its ports or roadsteads.

Art. 10, The neutrality of a Power is not affected by the mere passage
THE HAGUE CONFERENCES 325

through its territorial waters of warships or prizes belonging to belliger-
ents.

Art. 11. A neutral Power may allow belligerent warships to employ its
licensed pilots.

Art. 12, In the absence of special provisions to the contrary in the
legislation of a neutral Power, belligerent warships are not permitted to
remain in the ports, roadsteads, or territorial waters of the said Power
for more than twenty-four hours, except in cases covered by the present
Convention.

Art. 13. If a Power which has been informed of the outbreak of
hostilities learns that a belligerent warship is in one of its ports or
roadsteads, or in its territorial waters, it must notify the said ship
to depart within twenty-four hours or within the time prescribed by local
regulations. :

Art. 14. A belligerent warship may not prolong its stay in a neutral
port beyond the permissible time except on account of damage or stress
of weather. It must depart as soon as the cause of delay is at an end.

The regulations as to the question of the length of time which these
vessels may remain in neutral ports, roadsteads, or waters, do not apply
to warships devoted exclusively to religious, scientific, or philanthropic
purposes,

Art. 15. In the absence of a special provision to the contrary in the leg-
islation of the neutral Power, the maximum number of warships belong-
ing to a belligerent which may be in one of the ports or roadsteads of that
Power simultaneously shall be three.

Art. 16. When warships belonging to both belligerents are present
simultaneously in a neutral port or roadstead, a period of not less than
twenty-four hours must elapse between the departure of the ship belonging
to one belligerent and the departure of the ship belonging to the other.

The order of departure is determined by the order of arrival, unless the
ship which arrived first is so circumstanced that an extension of its stay
is permissible.

A belligerent warship may not leave a neutral port or roadstead until
twenty-four hours after the departure of a merchant-ship flying the flag
of its adversary.

Art. 17. In neutral ports and roadsteads belligerent warships may carry
out such repairs as are absolutely necessary to render them seaworthy,
and may not add in any manner whatsoever to their fighting force. The
local authorities of the neutral Power shall decide what repairs are neces-
sary, and these must be carried out with the least possible delay.

Art. 18. Belligerent warships may not make use of neutral ports, road-
steads, or territorial waters for replenishing or increasing their supplies
of war material or their armament, or for completing their crews.

Art. 19. Belligerent warships may only revictual in neutral ports or
roadsteads to bring up their supplies to the peace standard.
326 INTERNATIONAL RELATIONS

Similarly these vessels may only ship sufficient fuel to enable them to
reach the nearest port in their own country. They may, on the other hand,
fill up their bunkers built to carry fuel, when in neutral countries which
have adopted this method of determining the amount of fuel to be supplied.

If, in accordance with the law of the neutral Power, the ships are not
supplied with coal within twenty-four hours of their arrival, the permis-
sible duration of the stay is extended by twenty-four hours.

Art. 20. Belligerent warships which have shipped fuel in a port be-
longing to a neutral Power may not within the succeeding three months
replenish their supply in a port of the same Power.

Art. 21. A prize may only be brought into a neutral port on account
of unseaworthiness, stress of weather, or want of fuel or provisions.

It must leave as soon as the circumstances which justified its entry are
at an end. If it does not, the neutral Power must order it to leave at
once; should it fail to obey, the neutral Power must employ the means
at its disposal to release it with its officers and crew and to intern the
prize crew.

Art. 22. A neutral Power must, similarly, release a prize brought into
one of its ports under circumstances other than those referred to in Ar-
ticle 21,

Art. 23. A neutral Power may allow prizes to enter its ports and
roadsteads, whether under convoy or not, when they are brought there
to be sequestered pending the decision of a Prize Court. It may have the
prize taken to another of its ports.

If the prize is convoyed by a warship, the prize crew may go on board
the convoying ship.

If the prize is not under convoy, the prize crew are left at liberty.

(Article 23 was not adhered to by the United States.)

Art. 24. If, notwithstanding the notification of the neutral Power, a
belligerent ship of war does not leave a port where it is not entitled to
remain, the neutral Power is entitled to take such measures as it considers
necessary to render the ship incapable of taking the sea during the war,
and the commanding officer of the ship must facilitate the execution of
such measures,

When a belligerent ship is detained by a neutral Power, the officers and
crew are likewise detained.

The officers and crew thus detained may be left in the ship or kept either
on another vessel or on land, and may be subjected to the measures of
restriction which it may appear necessary to impose upon them. A suffi-
cient number of men for looking after the vessel must, however, ‘be always
left on board.

The officers may be left at liberty on giving their word not to quit the
neutral territory without permission.

Art. 25. A neutral Power is bound to exercise such surveillance as the
means at its disposal allow to prevent any violation of the provisions of the
above Articles occurring in its ports or roadsteads or in its waters.
THE HAGUE CONFERENCES 327

Art. 26. The exercise by a neutral Power of the rights laid down in the
present Convention can under no circumstances be considered as an
unfriendly act by one or other belligerent who has accepted the Article
relating thereto.

Art. 27. The Contracting Powers shall communicate to each other in
due course all Laws, Proclamations, and other enactments regulating in
their respective countries the status of belligerent warships in their ports
and waters, by means of a communication addressed to the Government
of the Netherlands, and forwarded immediately by that Government to
the other Contracting Powers.

Art. 28. The provisions of the present Convention do not apply except
to the Contracting Powers, and then only if all the belligerents are parties
to the Convention.

(Articles 29 to 33 contain the usual final provisions.) 45

DECLARATION CoNCERNING THE Laws or NAvAL WARFARE
Preliminary Provision

The Signatory Powers are agreed that the rules contained in the fol-
lowing Chapters correspond in substance with the generally recognized
principles of international law.

Chapter I—Blockade in Time of War

Article 1. A blockade must not extend beyond the ports and coasts
belonging to or occupied by the enemy.

Art. 2. In accordance with the Declaration of Paris of 1856, a blockade,
in order to be binding, must be effective,—that is to say, it must be main-
tained by a force sufficient really to prevent access to the enemy coastline.

Art. 3. The question whether a blockade is effective is a question of fact.

Art. 4. A blockade is not regarded as raised if the blockading force is
temporarily withdrawn on account of stress of weather.

Art. 5. A blockade must be applied impartially to the ships of all
nations.

Art. 6. The Commander of a blockading force may give permission to
a warship to enter, and subsequently to leave, a blockaded port.

Art. 7. In circumstances of distress, acknowledged by an officer of the
blockading force, a neutral vessel may enter a place under blockade and
subsequently leave it, provided that she has neither discharged nor shipped
any cargo there.

Art. 8. A blockade, in order to be binding, must be declared in accor-
dance with Article 9, and notified in accordance with Article 11 and 16.

Art. 9. A declaration of blockade is made either by the blockading
Power or by the naval authorities acting ineits name.

It specifies: .

45 Senate Documents, 2d Session 61st Congress, 48, 2352.
328 INTERNATIONAL RELATIONS

(1) The date when the blockade begins ;
(2) The geographical limits of the coastline under blockade;
(3) The period within which neutral vessels may come out.

Art. 10. If the operations of the blockading Power, or of the naval
authorities acting in its name, do not tally with the particulars, which in
accordance with Articles 9 (1) and (2), must be inserted in the declaration
of blockade, the declaration is void, and a new declaration is necessary in
order to make the blockade operative.

Art. 11. A declaration of blockade is notified:

(1) To neutral Powers by the blockading Power by means of a com-
munication addressed to the Government direct, or to their representatives
accredited to it;

(2) To the local authorities, by the officer commanding the blockading
force. The local authorities will, in turn, inform the foreign consular
officers at the port or on the coastline under blockade as soon as possible.

Art. 12, The rules as to declaration and notification of blockade apply
to cases where the limits of a blockade are extended, or where a blockade
is reestablished after being raised.

Art. 13. The voluntary raising of a blockade, as also any restriction in
the limits of a blockade, must be notified in the manner prescribed by
Article 11.

Art. 14. The liability of a neutral vessel to capture for breach of
blockade is contingent on her knowledge, actual or presumptive of the
blockade.

Art. 15. Failing proof to the contrary, knowledge of the blockade
is presumed if the vessel left a neutral port subsequently to the notification
of the blockade to the Power to which such port belongs, provided that
such notification was made in sufficient time.

Art. 16. If a vessel approaching a blockaded port has no knowledge,
actual or presumptive, of the blockade, the notification must be made to
the vessel itself by an officer of one of the ships of the blockading force.
This notification should be entered in the vessel’s log-book, and must
state the day and hour, and the geographical position of the vessel at the
time.

If, through the negligence of the officer commanding the blockading
force no declaration of blockade has been notified to the local authorities,
or if in the declaration, as notified, no period has been mentioned within
which neutral vessels may come out, a neutral vessel coming out of the
blockaded port must be allowed to pass free.

Art. 17. Neutral vessels may not be captured for breach of blockade
except within the area of operations of the warships detailed to render the
blockade effective.

Art. 18. The blockading fofces must not bar access to neutral ports
or coasts.

Art. 19. Whatever nray be the ulterior destination of a vessel or of her
THE HAGUE CONFERENCES 329

cargo, she cannot be captured for breach of a blockade, if, at the moment,
she is on her way to a non-blockaded port.

Art. 20. A vessel which has broken blockade outwards, or which has
attempted to break blockade inwards, is liable to capture so long as she is
pursued by a ship of the blockading force. If the pursuit is abandoned, or
if the blockade is raised, her capture can no longer be effected.

Art. 21. A vessel found guilty of breach of blockade is liable to con-
demnation. The cargo is also condemned, unless it is proved that at
the time of the shipment of the goods the shipper neither knew nor could
have known of the intention to break the blockade.

Chapter II—Contraband of War

Art. 22, The following articles may, without notice, be treated as con-
traband of war, under the name of absolute contraband:

(1) Arms of all kinds, including arms for sporting purposes, and
their distinctive component parts.

(2) Projectiles, charges, and cartridges of all kinds, and their distinc-
tive component parts.

(3) Powder and explosives specially prepared for use in war.

(4) Gun-mountings, limber boxes, limbers, military wagons, field forges,
and their distinctive component parts.

(5) Clothing and equipment of a distinctively military character.

(6) All kinds of harness of a distinctively military character.

(7) Saddle, draught, and pack animals suitable for use in war.

(8) Articles of camp equipment, and their distinctive compound parts.

(9) Armour plates.

(10) Warships, including boats, and their distinctive component parts
of such a nature that they can only be used on a vessel of war.

(11) Implements and apparatus designed exclusively for the manu-
facture of munitions of war, for the manufacture of repair of arms, or
war material for use on land or sea.

Art. 23. Articles exclusively used for war may be added to the list of
absolute contraband by a declaration, which must be notified.

Such notification must be addressed to the Governments of other Pow-
ers, or to their representatives accredited to the power making the declara-
tion. A notification made after the outbreak of hostilities is addressed
only to neutral Powers.

Art. 24. The following articles, susceptible of use in war as well as for
purposes of peace, may, without notice, be treated as contraband of war,
under the name of conditional contraband:

(1) Foodstuffs.

(2) Forage and grain, suitable for feeding animals.

(3) Clothing, fabrics for clothing, and boots and shoes, suitable for
use in war.

(4) Gold and silver in coin or bullion; paper money.
330 INTERNATIONAL RELATIONS

(5) Vehicles of all kinds available for use in war, and their component
parts.

(6) Vessels, crafts, and boats of all kinds; floating docks, parts of
docks and their component parts.

(7) Railway material, both fixed and rolling-stock, and material for
telegraphs, wireless telegraphs, and telephones.

(8) Balloons and flying machines and their distinctive component parts,
together with accessories and articles recognizable as intended for use in
connection with balloons and flying machines.

(9) Fuel; lubricants.

(10) Powder and explosives not specially prepared for use in war.

(11) Barbed wire and implements for fixing and cutting the same.

(12) Horseshoes and shoeing material.

(13) Harness and saddlery.

(14) Field glasses, telescopes, chronometers, and all kinds of nautical
instruments,

Art. 25. Articles susceptible of use in war as well as for purposes of
peace, other than those enumerated in Articles 22 and 24, may be added to
the list of conditional contraband by a declaration which must be notified
in the manner provided for in the second paragraph of Article 23.

Art. 26. If a Power waives, so far as it is concerned, the right to treat
as contraband of war an article comprised in any of the classes enumerated
in Articles 22 and 24, such intention shall be announced by a declaration,
which must be notified in the manner provided for in the second para-
graph of Article 23.

Art. 27. Articles which are not susceptible of use in war may not be
declared contraband of war.

Art. 28. The following may not be declared contraband of war:

(1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of
the textile industries, and yarns of the same.

(2) Oil seeds and nuts; copra.

(3) Rubber, resins, gums, and lacs; hops.

(4) Raw hides and horns, bones and ivory.

(5) Natural and artificial manures, including nitrates and phosphates for
agricultural purposes,

(6) Metallic ores.

(7) Earths, clays, lime, chalk, stone, including marble, bricks, slates,
and tiles.

(8) Chinaware and glass.

(9) Paper and paper-making materials.

(10) Soap, paint and colours, including articles exclusively used in theit
manufacture, and varnish.

(11) Bleaching powder, soda ash, caustic soda, salt cake, ammonia, suk
phate of ammonia, and sulphate of copper.

(12) Agricultural, mining, textile, and printing machinery.
THE HAGUE CONFERENCES 331

(13) Precious and semi-precious stones, pearls, mother-of-pearl and
coral.

(14) Clocks and watches, other than chronometers.,

(15) Fashion and fancy goods.

(16) Feathers of all kinds, hairs, and bristles.

(17) Articles of household furniture and decoration ; office furniture and
requisites.

Art. 29. Likewise the following may not be treated as contraband of
war:

(1) Articles serving exclusively to aid the sick and wounded. They
can, however, in case of urgent military necessity and subject to the paying
of compensation, be requisitioned, if their destination is that specified in
Article 30.

(2) Articles intended for the use of the vessel in which they are found,
as well as those intended for the use of her crew and passengers during
the voyage.

Art. 30. Absolute contraband is liable to capture if it is shown to be
destined to territory belonging to or occupied by the enemy, or to the
armed forces of the enemy. It is immaterial whether the carriage of the
goods is direct or entails transshipment or a subsequent transport by land.

Art. 31. Proof of the destination specified in Article 30 is complete in
the following cases:

(1) When the goods are documented for discharge in an enemy port,
or for delivery to the armed forces of the enemy.

(2) When the vessel is to call at enemy ports only, or when she is to
touch at an enemy port or meet the armed forces of the enemy before
reaching the neutral port for which the goods in question are documented.

Art. 32, Where a vessel is carrying absolute contraband, her papers are
conclusive proof as to the voyage on which she is engaged, unless she
is found clearly out of the course indicated by her papers and unable to
give adequate reasons to justify such deviation.

Art. 33. ‘Conditional contraband is liable to capture if it is shown to
be destined for the use of the armed forces or of a government department
of the enemy State, unless, in this latter case the circumstances show that
the goods cannot in fact be used for the purposes of the war in progress.
This latter exception does not apply to a consignment coming under
Article 24 (4).

Art. 34. The destination referred to in Article 33 is presumed to exist
if the goods are consigned to enemy authorities, or to a contractor estab-
lished in the enemy country who, as a matter of common knowledge, sup-
plies articles of this kind to the enemy. A similar presumption arises if
the goods are consigned to a fortified place belonging to the enemy, or
other place serving as a base for the armed forces of the enemy. No
such presumption, however, arises in the case of a merchant vessel bound
for one of these places if it is sought to prove that she herself is contra-
*pand.
332 INTERNATIONAL RELATIONS

In cases where the above presumptions do not arise, the destination is
presumed to be innocent.

The presumptions set up by this Article may be rebutted.

Art. 35. Conditional contraband is not liable to capture, except when
found on board a vessel bound for territory belonging to or occupied by
the enemy, or for the armed forces of the enemy, and when it is not to be
discharged in an intervening neutral port.

The ship’s papers are conclusive proof both as to the voyage on which
the vessel is engaged and as to the port of discharge of the goods, unless
she is found clearly out of the course indicated by her papers, and unable
to give adequate reasons to justify such deviation.

Art. 36. Notwithstanding the provisions of Article 35, conditional
contraband, if shown to have the destination referred to in Article 33, is
liable to capture in cases where the enemy country has no seaboard,

Art. 37. A vessel carrying goods liable to capture as absolute or condi-
tional contraband, may be captured on the high seas or in the voyage,
even if she is to touch at a port of call before reaching the hostile destina-
tion.

Art. 38. A vessel may not be captured on the ground that she has
carried contraband on a previous occasion if such carriage is in point of
fact at an end.

Art. 39. Contraband goods are liable to condemnation.

Art. 40. A vessel carrying contraband may be condemned if the con-
traband, reckoned either by value, weight, volume, or freight, forms more
than half the cargo.

Art. 41. If a vessel carrying contraband is released, she may be con-
demned to pay the whole costs and expenses by the captor in respect of
the proceedings in the national prize court and the custody of the ship
and cargo during the proceedings.

Art. 42. Goods which belong to the owner of the contraband and are on
board the same vessel are liable to condemnation.

Art. 43. Ifa vessel is encountered at sea while unaware of the outbreak
of hostilities or of the declaration of contraband which applies to her car-
go, the contraband cannot be condemned except on payment of compensa-
tion; the vessel herself and the remainder of the cargo are not liable to
condemnation or to the costs and expenses referred to in Article 41. The
same rule applies if the master, after becoming aware of the outbreak
of hostilities, or of the declaration of contraband, has had no opportunity
of discharging the contraband.

A vessel is deemed to be aware of the existence of a state of war, or of
a declaration of contraband, if she left a neutral port subsequently to the
notification to the Power to which such port belongs of the outbreak of
hostilities or of the declaration of contraband respectively, provided
that such notification was made in sufficient time. A vessel is also deemed
to be aware of the existence of a state of war if she left an enemy port
after the outbreak of hostilities.
THE HAGUE CONFERENCES 333

Art. 44. A vessel which has been stopped on the ground that she is
carrying contraband, and which is not liable to condemnation on account
of the proportion of contraband on board, may, when the circumstances
permit, be allowed to continue her voyage if the master is willing to
hand over the contraband to the belligerent warship.

The delivery of the contraband must be entered by the captor on the
logbook of the vessel stopped and the master must give the captor duly
certified copies of all relevant papers.

The captor is at liberty to destroy the contraband that has been handed
over to him under those conditions.

Chapter I1]—Unneutral Service

Art. 45. A neutral vessel will be condemned and will, in a general way,
receive the same treatment as a neutral vessel liable to condemnation for
carriage of contraband:

(1) If she is on a voyage specially undertaken with a view to the trans-
port of individual passengers who are embodied in the armed forces of
the enemy or with a view to the transmission of intelligence in the in-
terest of the enemy.

(2) If to the knowledge of either the owner, the charterer, or the
master, she is transporting a military detachment of the enemy, or one
or more persons who, in the course of the voyage, directly assist the oper-
ations of the enemy.

In the cases specified under the above heads, goods belonging to the own-
er of the vessel are likewise liable to condemnation.

The provisions of the present Article do not apply if the vessel is
encountered at sea while unaware of the outbreak of hostilities, or if the
master, after becoming aware of the outbreak of hostilities, has had no
opportunity of disembarking the passengers. The vessel is deemed to be
aware of the existence of a state of war if she left an enemy port subse-
quently to the outbreak of hostilities, or a neutral port subsequently to
the notification of the outbreak of hostilities to the Power to which such
port belongs, provided that such notification was made in sufficient time.

Art. 46. A neutral vessel will be condemned and, in a general way,
receive the same treatment as would be applicable to her if she were an
enemy merchant vessel:

(1) If she takes a direct part in the hostilities;

(2) If she is under the orders or control of an agent placed on board
by the enemy Government;

(3) If she is in the exclusive employment of the enemy Government.

(4) If she is exclusively engaged at the time either in the transport
of enemy troops or in the transmission of intelligence in the interest of
the enemy.

In the cases covered by the present Article, goods belonging to the
owner of the vessel are likewise liable to condemnation.
334 INTERNATIONAL RELATIONS

Art. 47. Any individual embodied in the armed forces of the enemy
who is found on board a neutral merchant vessel, may be made a prisoner
of war, even though there be no ground for the capture of the vessel.

Chapter I1V—Destruction of Neutral Prizes

Art. 48. A neutral vessel which has been captured may not be destroyed
by the captor; she must be taken into such port as is proper for the deter-
mination there of all questions concerning the validity of the capture.

Art. 49. As an exception, a neutral vessel which has been captured by a
belligerent warship, and which would be liable to condemnation, may be
destroyed if the observance of Article 48 would involve danger to the
safety of the warship or to the success of the operations in which she is
engaged at the time.

Art. 50. Before the vessel is destroyed all persons on board must be
placed in safety, and all the ship's papers and other documents, which the
parties interested consider relevant for the purpose of deciding on the
validity of the capture must be taken on board the warship.

Art. 51. A captor who has destroyed a neutral vessel must, prior to
any decision respecting the validity of the prize, establish that he only
acted in the face of an exceptional necessity of the nature contemplated in
Article 49. If he fails to do this, he must compensate the parties interested
and no examination shall be made of the question whether the capture was
valid or not.

Art. 52. If the capture of a neutral vessel is subsequently held to be
invalid, though the act of destruction is held to have been justifiable, the
captor must pay compensation to the parties interested, in place of the
restitution to which they would have been entitled.

Art. 53. If neutral goods not liable to cendemnation have been de-
stroyed with the vessel, the owner of such goods is entitled to compen-
sation.

Art. 54. The captor has the right to demand the handing over, or to
proceed himself to the destruction of, any goods liable to condemnation
found on board a vessel not herself liable to condemnation, provided that
the circumstances are such as would, under Article 49, justify the destruc-
tion of a vessel herself liable to condemnation, The captor must enter the
goods surrendered or destroyed in the logbook of the vessel stopped, and
must obtain duly certified copies of all relevant papers. When the goods
have been handed over or destroyed, and the formalities duly carried
out, the master must be allowed to continue his voyage.

The provisions of Articles 51 and 52 respecting the obligations of a
captor who has destroyed a neutral vessel are applicable.

Chapter V—Transfer to a Neutral Flag

Art. 55. The transfer of an enemy vessel to a neutral flag, effected be-
fore the outbreak of hostilities, is valid, unless it is proved that such
THE HAGUE CONFERENCES 335

transfer was made in order to evade the consequences to which an enemy
vessel, as such, is exposed. There is, however, a presumption, if the bill
of sale is not on board the vessel which has lost her belligerent nationality
less than sixty days before the outbreak of hostilities, that the transfer
is void. This presumption may be rebutted.

Where the transfer was effected more than thirty days before the out-
break of hostilities, there is an absolute presumption that it is valid if it is
unconditional, complete and in conformity with the laws of the countries
concerned, and if its effect is such that neither the control of, nor the
profits arising from the employment of, the vessel remain in the same hands
as before the transfer. If, however, the vessel lost her belligerent na-
tionality less than sixty days before the outbreak of hostilities and if the
bill of sale is not on board, the capture of the vessel gives no right to
damages.

Art. 56. The transfer of an enemy vessel to a neutral flag effected after
the outbreak of hostilities, is void unless it is proved that such transfer
was not made in order to evade the consequences to which an enemy
vessel, as such, is exposed.

There, however, is an absolute presumption that a transfer is void:

(1) If the transfer has been made during a voyage or in a blockaded
port. a
(2) If a right to repurchase or recover the vessel is reserved to the
vendor.

(3) If the requirements of the municipal law governing the right to fly
the flag under which the vessel is sailing, have not been fulfilled.

Chapter VI—Enemy Character

Art. 57. Subject to the provisions respecting transfer to another flag,
the neutral or énemy character of a vessel is determined by the flag which
she is entitled to fly.

The case where a neutral vessel is engaged in trade which is closed in
time of peace remains outside the scope of, and is in no wise affected by,
this rule.

Art. 58. The neutral or enemy character of goods found on board an
enemy vessel is determined by the neutral or enemy character of the owner.

Art. 59. In the absence of proof of the neutral character of the
goods found on board an enemy vessel, they are presumed to be enemy
goods.

Art. 60. Enemy goods on board an enemy vessel retain their enemy
character until they reach their destination, notwithstanding any transfer
effected after the outbreak of hostilities while the goods are being for-
warded.

If, however, prior to the capture, a former neutral owner exercises,
on the bankruptcy of an existing enemy owner, a recognized legal right to
recover the goods, they regain their neutral character.
336 INTERNATIONAL RELATIONS

Chapter VII—Convoy

Art. 61. Neutral vessels under national convoy are exempt from search.

The commander of a convoy gives, in writing, at the request of a com-
mander of a belligerent warship, all information as to the character of
the vessels and their cargoes, which could be obtained by search.
" Art. 62. If the commander of the belligerent warship has reason to
suspect that the confidence of the commander of the convoy has been
abused, he communicates his suspicions to him. In such a case it is for
the commander of the convoy alone to investigate the matter. He must
record the result of such investigation in a report, of which a copy is
handed to the officer of the warship. If, in the opinion of the commander
of the convoy, the facts shown in the report justify the capture of one
or more vessels, the protection of the convoy must be withdrawn from
such vessels,

Chapter VIII—Resistance to Search

Art. 63. Forcible resistance to the legitimate exercise of the right of
stoppage, search, and capture, involves in all cases the condemnation of
the vessel. The cargo is liable to the same treatment as the cargo of an
enemy vessel. Goods belonging to the master or owner of the vessel are
treated as enemy goods.

Chapter IX—Compensation

Art. 64. If the capture of a vessel or of goods is not upheld by the
prize court, or if the prize is released without any judgment being given,
the parties interested have the right to compensation, unless there were
good reasons for capturing the vessel or goods.

Final Provisions

Art. 65. The provisions of the present declaration must be treated as a
whole, and cannot be separated.

Art. 66. The Signatory Powers undertake to insure the mutual obser-
vance of the rules contained in the present Declaration in any war in
which all the belligerents are parties thereto. They will therefore issue
the necessary instructions to their authorities and to their armed forces,
and will take such measures as may be required in order to insure that it
will be applied by their courts, and more particularly by their prize courts.

(Ratifications to be deposited at London, and to take effect in sixty days
after protocol recording such deposit. Denunciation not to take effect
until after 12 years from date of ratification. Adherence of other Pow-
ers invited.) 46

46 Senate Documents, 3d Session 62d Congress, 10, 266 to 282,
THE HAGUE CONFERENCES 337

INTERNATIONAL Prizze Court CoNvENTION

Part I—General Provisions

Article 1. The validity of the capture of a merchant-ship or its cargo
is decided before a Prize Court in accordance with the present Convention
when neutral or enemy property is involved.

Art. 2. Jurisdiction in matters of prize is exercised in the first instance
by the prize Courts of the belligerent captor.

The judgments of these Courts are pronounced in public or are officially
notified to parties concerned who are neutrals or enemies.

Art. 3. The judgments of National Prize Courts may be brought before
the International Prize Court:

1. When the judgment of the National Prize Courts affects the property
of a neutral Power or individual;

2. When the judgment affects enemy property and relates to:

(a) Cargo on board a neutral ship;

(b) An enemy ship captured in the territorial waters of a neutral
Power, when that Power has not made the capture the subject of a diplo-
matic claim;

(c) A claim based upon the allegation that the seizure has been effected
in violation, either of the provisions of a Convention in force between
the belligerent Powers, or of an enactment issued by the belligerent
captor.

The appeal against the judgment of the National Court can be based on
the ground that the judgment was wrong either in fact or in law.

Art. 4. An appeal may be brought:

1. By a neutral Power, if the judgment of the National Tribunals
injuriously affects its property or the property of its nationals (Article 3
(1)), or if the capture of an enemy vessel is alleged to have taken place
in the territorial waters of that Power (Article 3 (2) (b);

2. By a neutral individual, if the judgment of the National Court in-
juriously affects his property (Article 3 (1)) subject, however, to the
reservation that the Power to which he belongs may forbid him to bring
the case before the Court, or may itself undertake the proceedings in his
place;

3. By an individual subject or citizen of any Power, if the judgment
of the National Court injuriously affects his property in the cases re-
ferred to in Article 3 (2), except that mentioned in paragraph (b).

Art. 5. An appeal may also be brought on the same conditions as in the
preceding Article, by persons belonging either to neutral States or to
the enemy, deriving their rights from and entitled to represent an individual
qualified to appeal, and who have taken part in the proceedings before the
National Court. Persons so entitled may appeal separately to the extent
of their interest.

The same rule applies in the case of persons belonging either to neu-
338 INTERNATIONAL RELATIONS

tral States or to the enemy who derive their rights from and are entitled
to represent a neutral Power whose property was the subject of the
decision.

Art. 6. When in accordance with the above Article 3, the International
Court has jurisdiction, the National Courts cannot deal with a case in more
than two instances. The municipal law of the belligerent captor shall
decide whether the case may be brought before the International Court
after judgment has been given in first instance or only after an appeal.

If the National Courts fail to give final judgment within two years from
the date of capture, the case may be carried direct to the International
Court.

Art. 7. If a question of law to be decided is covered by a Treaty in
force between the belligerent captor and a Power which is itself or
whose subject or citizen is a party to the proceedings, the Court is gov-
erned by the provisions of the said Treaty.

In the absence of such provisions, the Court shall apply the rules of
international law. If no generally recognized rule exists, the Court shall
give judgment in accordance with the general principles of justice and
equity.

The above provisions apply equally to questions relating to the order
and mode of proof.

If, in accordance with Article 3 (2) (c), the ground of appeal is the
violation of an enactment issued by the belligerent captor, the Court will
enforce the enactment.

The Court may disregard failure to comply with the procedure laid down
in the enactments of the belligerent captor, when it is of opinion that the
consequences of complying therewith are unjust and inequitable.

Art. 8. If the Court pronounces the capture of the vessel or cargo
to be valid, they shall be disposed of in accordance with the laws of the
belligerent captor.

If it pronounces the capture to be null, the Court shall order restitution
of the vessel or cargo, and shall fix, if there is occasion, the amount of
damages. If the vessel or cargo has been sold or destroyed, the Court
shall determine the compensation to be given to the owner on this account.

If the national Court pronounced the capture to be null, the Court can
only be asked to decide as to the damages.

Art.9. The Contracting Powers undertake to submit in good faith to the
decisions of the International Prize Court and to carry them out with
the least possible delay.

Part II—Constitution of the International Prize Court

Art. to. The International Prize Court is composed of Judges and
Deputy Judges, who will be appointed by the Contracting Powers, and
must all be jurists of known proficiency in questions of international mari-
time law, and of the highest moral reputation.
THE HAGUE CONFERENCES 339

The appointment of these Judges and Deputy Judges shall be made
within six months after the ratification of the present Convention.

Art 11. The Judges and Deputy Judges are appointed for a period of
six years, reckoned from the date on which the notification of their
appointment is received by the Administrative Council established by the
Convention for the Pacific Settlement of International Disputes of the
29th July, 1899. Their appointments can be renewed.

Should one of the Judges or Deputy Judges die or resign, the same pro-
cedure is followed for filling the vacancy as was followed for appointing
him. In this case, the appointment is made for a fresh period of six
years.

Art. 12. The Judges of the International Prize Court are all equal in
rank and have precedence according to the date on which the notification
of their appointment was received (Article 11, paragraph 1), and if they
sit by rota (Article 15, paragraph 2), according to the date on which
they entered upon their duties. When the date is the same the senior in
age takes precedence.

The Deputy Judges when acting are assimilated to the Judges, they
rank, however, after them.

Art. 13. The Judges enjoy diplomatic privileges and immunities in
the performance of their duties and when outside their own country.

Before taking their seat, the Judges must swear, or make a solemn prom-
ise before the Administrative Council, to discharge their duties impar-
tially and conscientiously.

Art. 14. The Court is composed of fifteen Judges; nine Judges con-
stitute a quorum.

A Judge who is absent or prevented from sitting is replaced by the
Deputy Judge.

Art. 15. The Judges appointed by the following Contracting Powers:
Germany, the United States of America, Austria-Hungary, France, Great
Britain, Italy, Japan, and Russia, are always summoned to sit.

The Judges and Deputy Judges appointed by the other Contracting
Powers sit by rota as shown in the table annexed to the present Conven-
tion; their duties may be performed successively by the same person.
The same Judge may be appointed by several of the said Powers.

Art. 16. If a belligerent Power has, according to the rota, no Judge
sitting in the Court, it may ask that the Judge appointed by it should take
part in the settlement of all cases arising from the war. Lots shall then
be drawn as to which of the Judges entited to sit according to the rota
shall withdraw. This arrangement does not affect the Judge appointed
by the other belligerent.

Art. 17. No Judge can sit who has been a party, in any way whatever,
to the sentence pronounced by the National Courts, or has taken part in
the case as counsel or advocate for one of the parties.

No Judge or Deputy Judge can, during his tenure of office, appear as
340 INTERNATIONAL RELATIONS

agent or advocate before the International Prize Court, nor act for one
of the parties in any capacity whatever.

Art. 18. The belligerent captor is entitled to appoint a naval officer
of high rank to sit as Assessor, but with no voice in the decision, A
neutral Power, which is a party to the proceeding or whose subject or
citizen is a party, has the same right of appointment; if as the result of
this last provision more than one Power is concerned, they must agree
among themselves, if necessary by lot, on the officer to be appointed.

Art. 19. The court elects its President and Vice-President by an abso-
lute majority of the votes cast. After two ballots, the election is made by
a bare majority, and, in case the votes are equal, by lot.

Art. 20. The Judges on the International Prize Court are entitled to
travelling allowances in accordance with the regulations in force in their
own country, and in addition receive, while the court is sitting or while
they are carrying out duties conferred upon them by the Court, a sum
of 100 Netherland florins per diem.

These payments are included in the general expenses of the Court
dealt with in Article 47, and are paid through the International Bureau
established by the Convention of the 29th July, 1899.

The Judges may not r ceive from their own Government or from that of
any other Power any remuneration in their capacity of members of the
Court.

Art. 21. The seat of the International Prize Court is at the Hague and
it cannot, except in the case of force majeure, be transferred elsewhere
without the consent of the belligerents.

Art. 22, The Administrative Council fulfils, with regard to’ the Inter-
national Prize Court, the same functions as to the Permanent Court of
Arbitration, but only representatives of Contracting Powers will be
members of it.

Art. 23. The International Bureau acts as registry to the International
Prize Court and must place its offices and staff at the disposal of the
Court. It has charge of the archives and carries out the administrative
work.

The Secretary-General of the International Bureau acts as Registrar.

The necessary secretaries to assist the Registrar, translators and short-
hand writers are appointed and sworn in by the Court.

Art. 24. The Court determines which language it will itself use and
what languages may be used before it, but the official languages of the
National Courts which have had cognizance of the case may always be used
before the Court.

Art. 25. Powers which are concerned in a case may appoint special
agents to act as intermediaries between themselves and the Court. They
may also engage counsel or advocates to defend their rights and interests.

Art. 26. A private person concerned in a case will be represented before
the court by an attorney, who must be either an advocate qualified to plead
THE HAGUE CONFERENCES 341

before a Court of Appeal or a Hight Court of one of the Coutracting
States, or a lawyer practising before a similar Court, or lastly, a professor
of law at one of the higher teaching centers of those countries.

Art. 27. For all notices to be served, in particular on the parties, wit-
nesses, or experts, the Court may apply direct to the Government of the
State on whose territory the segvice is to be carried out. The same
rule applies in the case of steps being taken to procure evidence.

The requests for this purpose are to be executed so far as the means
at the disposal of the Power applied to under its municipal law allow.
They cannot be rejected unless the Power in question considers them
calculated to impair its sovereign rights or its safety. If the request is
complied with, the fees charged must only comprise the expenses actually
incurred.

The Court is equally entitled to act through the Power on whose
territory it sits.

Notices to be given to parties in the place where the Court sits may
be served through the International Bureau.

Part Il]—Procedure in the International Prize Court

Art. 28. An appeal to the International Prize Court is entered by means
of a written declaration made in the National Court which has already
dealt with the case or addressed to the International Bureau; in the
latter case the appeal can be entered by telegram.

The period within which the appeal must be entered is fixed at 120
days, counting from the day the decision is delivered or notified. (Article
2, paragraph 2.)

Art. 29. If the notice of appeal is entered in the National Court, this
Court, without considering the question whether the appeal was entered
in due time, will transmit within seven days the record of the case to the
International Bureau.

If the notice of the appeal is sent to the International Bureau, the Bu-
reau will immediately inform the National Court, when possible by tele-
graph. The latter will transmit the record as provided in the preceding
paragraph.

When the appeal is brought by a neutral individual the International
Bureau at once informs by telegraph the individual’s Government, in
order to enable it to enforce the rights it enjoys under Article 4, para-
graph 2,

Art. 30. In the case provided for in Article 6, paragraph 2, the notice
of appeal can be addressed to the International Bureau only. It must be
entered within thirty days of the expiration of two years.

Art. 31. If the appellant does not enter his appeal within the periods
laid down in Article 28 or 30, it shall be rejected without discussion.

Provided that he can show that he was prevented from so doing by
force majeure, and that the appeal was entered within sixty days after
342 INTERNATIONAL RELATIONS

the circumstances which prevented him entering it before had ceased to
operate, the court can, after hearing the respondent, grant relief from the
effect of the above provision.

Art. 32. If the appeal is entered in time, a certified copy of the notice
of appeal is forthwith officially transmitted by the Court to the respondent.

Art. 33. If in addition to the parties who are before the Court there
are other parties concerned who are entitled to appeal, or if, in the case
referred to in Article 29, paragraph 3, the Government who has received
notice of an appeal has not announced its decision, the Court will await
before dealing with the case the expiration of the period laid down in
Articles 28 and 30.

Art. 34. The procedure before the International Court includes two
distinct parts: the written pleadings and oral discussions.

The written pleadings consist of the deposit and exchange of cases,
counter-cases, and, if necessary, of replies, of which the order is fixed by
the ‘Court, as also the periods within which they must be delivered. The
parties annex thereto all papers and documents of which they intend to
make use.

A certified copy of every document produced by one party must be
communicated to the other party through the medium of the Court.

Art. 35. After the close of the pleadings, a public sitting is held on a
day fixed by the Court.

At this sitting the parties state their view of the case both as to the
law and as to the facts.

The Court may, at any stage of the proceedings, suspend speeches of
counsel, either at the request of one of the parties, or on their own
initiative, in order that supplementary evidence may be obtained.

Art. 36. The International Court may order the supplementary evidence
to be taken either in the manner provided by Article 27, or before itself,
or one or more of the members of the Court, provided that this can be
done without resort to compulsion or the use of threats.

If steps are to be taken for the purpose of obtaining evidence by mem-
bers of the Court outside the territory where it is sitting, the consent
of the foreign Government must be obtained.

Art. 37. The parties are summoned to take part in all stages of the
proceedings and receive certified copies of the Minutes.

Art. 38. The discussions are under the control of the President or Vice-
President, or, in case they are absent or cannot act, of the senior Judge
present.

The Judge appointed by a belligerent party cannot preside.

Art. 39. The discussions take place in public, subject to the right of a
Government who is a party to the case to demand that they be held in
private.

Minutes are taken of these discussions, and signed by the President
and Registrar, and these Minutes alone have an authentic character.
THE HAGUE CONFERENCES 343

Art. 40. If a party does not appear, despite the fact that he has been
duly cited, or if a party fail to comply with some step within the period
fixed by the Court, the case proceeds without that party, and the Court
gives judgment in accordance with the material at its disposal.

Art. 41. The court officially notifies to the parties Decrees or decisions
made in their absence.

Art. 42, The Court takes into consideration in arriving at its decision
all the facts, evidence, and oral statements,

Art. 43. The Court considers its decision in private and the proceed-
ings are secret.

All questions are decided by a majority of the Judges present. If the
number of Judges is even and equally divided, the vote of the Junior
Judge in the order of precedence laid down in Article 12, paragraph 1,
is not counted.

Art 44. The judgment of the Court must give the reasons on which
it is based. It contains the names of the Judges taking part, and also the
Assessors, if any; it is signed by the President and Registrar.

Art. 45. The sentence is pronounced in public sitting, the parties con-
cerned being present or duly summoned to attend; the sentence is offi-
cially communicated to the parties.

When the communication has been made, the Court beanie to the
National Prize Court the record of the case, together with copies of the
various decisions arrived at and of the Minutes of the proceedings.

Art 46. Each party pays its own costs.

The party against whom the Court decides bears, in addition, the costs
of the trial, and also pays I per cent of the value of the subject matter
of the case, as a contribution to the general expenses of the International
Court. The amount of these payments is fixed in the judgment of the
Court.

If the appeal is brought by an individual, he will furnish the Inter-
national Bureau with security to an amount fixed by the Court, for the pur-
pose of guaranteeing eventual fulfillment of the two obligations mentioned
in the preceding paragraph. The Court is entitled to postpone the opening
of the proceedings until the security has been furnished.

Art. 47. The general expenses of the International Prize Court are borne
by the Contracting Powers in proportion to their share in the composi-
tion of the Court as laid down in Article 15 and in the annexed Table.
The apportionment of Deputy Judges does not involve any contribution.

The Administrative Council applies to the Powers for the funds requisite
for the working of the Court.

Art. 48. When the Court is not sitting, the duties conferred upon it
by Article 32, Article 34, paragraphs 2 and 3, Article 35, paragraph 1, and
Article 46, paragraph 3, are discharged by a delegation of.three Judges
appointed by the Court. This delegation decides by a majority of votes.

Art. 49. The Court itself draws up its own rules of procedure, which
must be communicated to the Contracting Parties.
344 INTERNATIONAL RELATIONS

It will meet to elaborate these rules within a year of the ratification
of the present Convention.

Art. 50. The Court may propose modifications in the provisions of the
present Convention concerning procedure. The proposals are communi-
cated through the medium of the Netherland Government, to the Con-
tracting Powers, which will consider together as to the measures to be
taken.

~

Part IV—Final Provisions

Art. 51. The present Convention does not apply as of right except
when the belligerent Powers are all parties to the Convention.

It is further fully understood that an appeal to the International Prize
Court can only be brought by a Contracting Power or the subject or
citizen of a Contracting Power. ,

In the cases mentioned in Article 5, the appeal is only admitted when
both the owner and the person entitled to represent him are equally Con-
tracting Powers or the subjects or citizens of Contracting Powers.

Art. 52. The present Convention shall be ratified and the ratifications
shall be deposited at The Hague as soon as all the Powers mentioned in
Article 15 and in the Table annexed are in a position to do so.

The deposit of ratifications shall take place, in any case, on the 3oth
June, 1909, if the Powers which are ready to ratify furnish nine Judges
and nine Deputy Judges to the Court, qualified to validly constitute a
Court. If not, the deposit shall be postponed until this condition is ful-
filled.

A Minute of the deposit of ratifications shall be drawn up, of which a
certified copy shall be forwarded, through the diplomatic channel, to each
of the Powers referred to in the first paragraph.

Art. 53. The Powers referred to in Article 25 and in the Table annexed
are entitled to sign the present Convention up to the deposit of the ratifica-
tions contemplated in paragraph 2 of the preceding Article.

After this deposit they can at any time adhere to it, purely and simply.
A Power wishing to adhere, notifies its intention in writing to the
Netherland Government transmitting to it, at the same time, the act of
adhesion, which shall be deposited in the archives of the said Govern-
ment. The latter shall send, through the diplomatic channel, a certified
copy of the notification and of the act of adhesion to all the Powers re-
ferred to in the preceding paragraph, informing them of the date on which
it has received the notification.

Art. 54. The present Convention shall come into force six months from
the deposit of the ratifications contemplated in Article 52, paragraphs
1 and 2.

The adhesions shall take effect sixty days after notification of such ad-
hesion has been received by the Netherland Government, or as soon as
THE HAGUE CONFERENCES 345

possible on the expiration of the period contemplated in the preceding
paragraph.

The International Court shall, however, have jurisdiction to deal with
prize cases decided by the National Courts at any time after the deposit
of the ratifications or the receipt of the notification of the adhesions. In
such cases, the period fixed in Article 28, paragraph 2, shall only be
reckoned from the date when the Convention comes into force as regards
a Power which has ratified*or adhered.

Art. 55. The present Convention shall remain in force for twelve
years from the time it comes in force, as determined by Article 54,
paragraph 1, even in the case of Powers which adhere subsequently.

It shall be renewed tacitly from six years to six years unless denounced.

Denunciation must be notified in writing, at least one year before the
expiration of each of the periods mentioned in the two preceding para-
graphs, to the Netherland Government, which will inform all the other
Contracting Powers.

Denunciation shall only take effect in regard to the Power which has
notified it. The Convention shall remain in force in the case of the other
Contracting Powers, providing that their participation in the appointment
of Judges is sufficient to allow of the composition of the Court with nine
Judges and nine Deputy Judges.

Art. 56. In case the present Convention is not in operation as regards
all the Powers referred to in Article 15 and the annexed Table, the
Administrative Council shall draw up a list on the lines of that Article
and Table of the Judges and Deputy Judges through whom the Contract-

_ing Powers will share in the composition of the Court. The times allotted
by the said Table to Judges who are summoned to sit in rota will be re-
distributed between the different years of the six-year period in such
a way that, as far as possible, the number of the Judges of the Court in
each year shall be the same. If the number of Deputy Judges is greater
than that of the Judges, the number of the latter can be completed by
Deputy Judges chosen by lot among those Powers which do not nominate
a Judge.

The list drawn up in this way by the Administrative Council shall be
notified to the Contracting Powers. It shall be revised when the number
of these Powers is modified as the result of adhesions or denunciations.

The change resulting from an adhesion is not made until the rst Jan-
uary after the date on which the adhesion takes effect, unless the adhering
Power is a belligerent Power, in which case it can ask to be at once rep-
resented in the Court, the provisions of Article 16 being, moreover, appli-
cable if necessary.

When the total number of Judges is less than eleven, seven Judges
form a quorum.

Art. 57. Two years from the expirdtion of each period referred to in
paragraphs 1 and 2 of Article 15 any Contracting Power can demand a
modification of the provisions of Article 15 and of the annexed Table.
346 INTERNATIONAL RELATIONS

relative to its participation in the composition of the Court. The demand
shall be addressed to the Administrative Council, which will examine it
and submit to all the Powers proposals as to the measures to be adopted.
The Powers will inform the Administrative Council of their decision with
the least possible delay. The result shall be at once, and at least one year
and thirty days before the expiration of the said period of two years,
communicated to the Power which made the demand.

When necessary, the modifications adopted by the Powers shall come
into force from the commencement of the fresh period.

In faith whereof the Plenipotentiaries have appended their signatures
to the present Convention.

Done at The Hague, the 18th October, 1907, in a single copy, which shall
remain deposited in the archives of the Netherland Government, and duly’
certified copies of which shall be sent, through the diplomatic channel, to
the Powers designated in Article 15 and in the Table annexed.

Annex to Article 15

Distribution of Judges and Deputy Judges by Countries for each Year
of the period of Six Years

Judges Deputy Judges Judges Deputy Judges
First. Year Second Year
1 Argentina Paraguay Argentina Panama
2 Colombia Bolivia Spain Spain
3 Spain Spain Greece Roumania
4 Greece Roumania Norway Sweden
5 Norway Sweden Netherlands Belgium
6 Netherlands Belgium Turkey Luxemburg
7 Turkey Persia Uruguay Costa Rica
Third Year Fifth Year
1 Brazil Santo Domingo Belgium Netherlands
2 China Turkey Bulgaria Montenegro
3 Spain Portugal Chile Nicaragua
4 Netherlands Switzerland Denmark Norway
5 Roumania Greece. Mexico Cuba
6 Sweden Denmark Persia China
7 Venezuela Haiti Portugal Spain
Fourth Year Sixth Year
1 Brazil Guatemala Belgium Netherlands
2 China Turkey Chile Salvador
3 Spain Portugal Denmark Norway
4 Peru Honduras 2 Mexico Ecuador
5 Roumania Greece Portugal Spain
6 Sweden Denmark Servia Bulgaria
47 Switzerland Netherlands Siam China |
THE HAGUE CONFERENCES 347

In Executive Session, Senate of the United States.

Resolved (two-thirds of the Senators present concurring therein), That
the Senate advise and consent to the ratification of the convention for an
international prize court signed at The Hague on the 18th day of Octo-
ber, 1907, and at the same time to the ratification, as forming an integral
part of the said convention, of the protocol thereto, signed at The Hague
on the 19th day of September, 1910, and transmitted to the Senate by
the President on the 2d of February, 1911: Provided, That it is the
understanding of the Senate and is a condition of its consent and advice
that in the instrument of ratification the United States of America shall
declare that in prize cases recourse to the International Court of Prize can
only be exercised against it in the form of an action in damages for the
injuries caused by the capture.

Additional Protocol to the Convention Relative to the Establishment
of an International Court of Prize

Article 1. The powers signatory or adhering to The Hague Convention
of October 18, 1907, relative to the establishment of an international court
of prize, which are prevented by difficulties of a constitutional nature
from accepting the said convention in its present form, have the right to
declare in the instrument of ratification or adherence that in prize cases,
wherefore their national courts have jurisdiction, recourse to the interna-
tional court of prize can only be exercised against it in the form of an
action in damages for the injuries caused by the capture.

Art. 2. In the case of recourse to the international court of prize, in
the form of an action for damages, Article 8 of the convention is not
applicable; it is not for the court to pass upon the validity or the nullity
of the capture, nor to reverse or affirm the decision of national tribunals.

If the capture is considered illegal, the court determines the amount
of damages to be allowed, if any, to the claimants.

Art. 3. The conditions to which recourse to the international court of
prize is subject by the convention are applicable to the action in damages.

Art. 4. Under reserve of the provisions hereinafter stated the rules of
procedure established by the convention for recourse to the international
court of prize shall be observed in the action in damages.

Art. 5. In derogation of Article 28, paragraph 1, of the convention, the
suit for damages can only be brought before the international prize court
by means of a written declaration addressed to the International Bureau
of the Permenent Court of Arbitration; the case may even be brought
before the Bureau by telegram.

Art. 6. In derogation of article 29 of the convention the International
Bureau shall notify directly, and if possible by telegram, the Government
of the belligerent captor of the declaration of action brought before it.

The Government of the belligerent captor, without considering whether
348 INTERNATIONAL RELATIONS

the prescribed ‘periods of time have been observed, shall, within seven
days of the receipt of the notification, transmit to the international bu-
reau the case, appending thereto a certified copy of the decision, if any,
rendered by the national tribunal.

Art. 7. In derogation of Article 45, paragraph 2, of the Convention
the court rendering its decision and notifying it to the parties to the
suit shall send directly to the Government of the belligerent captor the
record of the case submitted to it, appending thereto a copy of the various
intervening decisions as well as a copy of the minutes of the preliminary
proceedings.

Art. 8. The present additional protocol shall be considered as forming
an integral part of and shall be ratified at the same time as the original
Convention.

If the declaration provided for in Article 1 herein above is made in the
instrument of the ratification, a certified copy thereof shall be inserted
in the procés verbal of the deposit of ratifications referred to in Article
52, paragraph 3, of the Convention.

Art. 9. Adherence to the convention is subordinated to adherence to the
present additional protocol.

In faith of which the plenipotentiaries have affixed their signatures to
the present additional protocol.

Done at The Hague on the 19th day of September, 1910, in a single
copy, which shall remain deposited in the archives of the Government of
the Netherlands and of which duly certified copies shall be forwarded
through the diplomatic channels to the powers designated in Article
15 of the convention relative to the establishment of an international court
of prize of October 18, 1907, and in its appendix.

(Signatures. ) 47

Under the terms of this Convention jurisdiction in matters
of prize is exercised in the first instance by the Courts of the
captor. These judgments may then be brought before the
International Prize Court when they affect a Neutral Power
or individual and when they affect enemy property on a neutral
ship, an enemy ship captured in neutral waters, or the seizure
is claimed to have been made in violation of a Convention
between the belligerents or an enactment of the captor. Pro-
vision is made for the constitution of the Court and for pro-
cedure in it but it has not yet been formed. In Article 7 it is
provided:

“If a question of law to be decided is covered by a Treaty in force

47 Senate Documents, 3d Session 62d Congress, 10, 248 to 264.
THE HAGUE CONFERENCES 349

between the belligerent captor and a Power which is itself or whose
subject or citizen is a party to the proceedings, the Court is governed
by the provisions of the said Treaty.

In the absence of such provisions, the Court shall apply the rules of
international law. If no generally recognized rule exists, the Court
shall give judgment in accordance with the general principles of justice
and equity.”

The last paragraph above quoted recognizes that there are
cases as to which no generally recognized rule of international
law exists. In such cases it is left to the Court to determine
what are “the general principles of justice and equity” in
cases in which, in the nature of things, if the right to take
prizes is recognized, there can be no such thing as justice and
equity. Though this article was proposed to the Hague Con-
ference by the British delegation it was so unsatisfactory to
the British Government that a Conference of the Powers was
called by it to meet at London in 1908. In his instructions
to the delegates of the United States to this Conference Sec-
retary Root said:

“The absence of a general agreement upon the rules of international
law is recognized in the concluding sentence of the paragraph under con-
sideration, which provides that “if no generally recognized rule exists, the
court shall give judgment in accordance with the general principles of
justice and equity.” This provision of the article has given rise to great
discussion and dissatisfaction, because wide divergence of view exists as
to the law property applicable in such case. For example: In Anglo-
American jurisprudence the laws of contraband and blockade constitute
a system recognized generally as the Anglo-American system, whereas
the laws of contraband and blockade definitely understood on the Con-
tinent are applied in the Continental as distinguished from the Anglo-
American sense. As, therefore, it cannot be said that there is any general
rule regulating the subject, as the partisans of each system judge and
determine for themselves each case as it arises, it necessarily follows
that the court would be obliged to determine which system is considered
as more conformable, with the general principles of justice and equity.”

In its note of March 27, 1908, inviting a conference, the British Govern-
ment stated that:

“The discussions which took place at The Hague during the recent
conference showed that on various questions connected with maritime
war divergent views and practices prevailed among the nations of the
world. Upon some of these subjects an agreement was reached, but on
others it was not found possible, within the period for which the con-
350 INTERNATIONAL RELATIONS

ference assembled, to arrive at an understanding. The impression was
gained that the establishment of the international prize court would not
meet with general acceptance so long as vagueness and uncertainty exist
as to the principles which the court, in dealing with appeals brought before
it, would apply to questions of far-reaching importance affecting naval
policy and practice.

The subjects upon which an agreement was considered indispensable
by the British Government in order to enable the international prize
court to perform the high services expected of this establishment were the
following:

(a) Contraband, including the circumstances under which particular
articles can be considered as contraband; the penalties for their carriage;
the immunity of a ship from search when under convoy; and the rules
with regard to compensation where vessels have been seized, but have
been found in fact only to be carrying innocent cargo.

(b) Blockade, including the questions as to the locality where seizure
can be effected, and the notice that is necessary before a ship can be
seized,

(c) The doctrine of continuous voyage in respect both of contraband
and of blockade.

(d) The legality of the destruction of neutral vessels prior to their
condemnation by a prize court.

(e) The rules as to neutral ships or persons rendering “unneutral
service” (“assistance hostile”).

(£) The legality of conversion of a merchant vessel into a warship on
the high seas.

(g) The rules as to the transfer of a merchant vessel from a bel-
ligerent to a neutral flag during or in contemplation of hostilities.

(h) The question whether the nationality or domicile of the owner
should be adopted as the dominant factor in deciding whether property
is enemy property.”

The importance attached by the British Government to an
agreement upon these various subjects enumerated in the pro-
gram is evidenced by the fact that is is stated in the British
note that “it would be difficult, if not impossible, for His
Majesty’s Government to carry the legislation necessary to give
effect to the convention unless they could assure both Houses
of the British Parliament that some more definite understand-
ing had been reached as to rules by which the new tribunal
should be governed.”

To provide for this difficulty a conference was held at Lon-
don by Representatives of Germany, United States, Austria-
Hungary, France, Great Britain and the Netherlands and the
THE HAGUE CONFERENCES 351

Declaration Concerning the Laws of Naval Warfare was
agreed upon and signed by them on the 26th February, 1909,
and afterward by Spain, Italy, Russia and Japan. This De-
claration is an expression of the views of all the leading
maritime nations as to the rules which should prevail and
thereby becomes the international law on the subject, if such
law exists. It is given above in full.*

Finau Act or THE SECOND INTERNATIONAL BEACE CONFERENCE

The Second International Peace Conference, proposed in the first
instance by the President of the United States of America, having been
convoked, on the invitation of His Majesty the Emperor of all the
Russias, by Her Majesty the Queen of the Netherlands, assembled on the
15th June, 1907, at the Hague, in the Hall of the Knights, for the purpose
of giving a fresh development to the humanitarian principles which served
as a basis for the work of the First Conference of 1899.

The following Powers took part in the Conference, and appointed the
Delegates named below:

(Here follows a list of the countries represented and the names of
their respective Plenipotentiaries).

At a series of meetings, held from the 15th June to the 18th October,
1907, in which the above delegates were throughout animated by the desire
to realize, in the fullest possible measure, the generous views of the
august initiator of the Conference and the intentions of their Govern-
ments, the Conference drew up for submission for signature by the
Plenipotentiaries, the text of the Conventions and of the Declaration
enumerated below and annexed to the present Act:

1. Convention for the Pacific Settlement of International Disputes.

2. Convention respecting the Limitation of the Employment of Forcé
for the Recovery of ‘Contract Debts.

3. ‘Convention relative to the Opening of Hostilities.

4.. Convention respecting the Laws and Customs of War on Land.

5. Convention respecting the Rights and Duties of Neutral Powers
and Persons in case of War on Land.

6. Convention relative to the Status of Enemy Merchant-ships at the
Outbreak of Hostilities. °

7. Convention relative to the Conversion of Merchant-ships into War-
ships.

8. Convention relative to the Laying of Automatic Submarine Contact
Mines.

o. Convention respecting Bombardment by Naval Forces in time of
War.

to. Convention for the Adaptation to Naval War of the Principles of
the Geneva Convention.

* Supra, p. 327.
352 INTERNATIONAL RELATIONS

11. Convention relative to certain Restrictions with regard to the Exer-
cise of the Right of Capture in Naval War.

12, Convention relative to the creation of an International Prize Court.

13. Convention concerning the Rights and Duties of Neutral Powers
in Naval War.

14. Declaration prohibiting the discharge of Projectiles and Explosives
from Balloons.

These Conventions and Declarations shall form so many separate Acts.
These Acts shall be dated this day, and may be signed up to the 30th June,
1908, at The Hague, by the Plenipotentiaries of the Powers represented at
Second Peace Conference.

The Conference, actuated by the spirit of mutual agreement and con-
cession characterizing its deliberations, has agreed upon the following
Declaration, which, while reserving to each of the Powers represented
full liberty of action as regards voting, enables them to affirm the prin-
ciples which they regard as unanimously admitted:

It is unanimous—

1. In admitting the principle of compulsory arbitration.

2. In declaring that certain disputes, in particular those relating to the
interpretation and application of the provisions of International Agree-
ments, may be submitted to compulsory arbitration without any restric-
tion.

Finally, it is unanimous in proclaiming that, although it has not yet
been found feasible to conclude a Convention in this sense, nevertheless
the divergencies of opinion which have come to light have not exceeded
the bounds of judicial controversy, and that, by working together here
during the past four months, the collected Powers not only have learnt
to understand one another and to draw closer together, but have suc-
ceeded in the course of this long collaboration in evolving a very lofty
conception of the common welfare of humanity.

The Conference has further unanimously adopted the following
Resolution:

The Second Peace Conference confirms the resolution adopted by the
Conference of 1899 in regard to the limitation of military expenditure;
and inasmuch as military expenditure has considerably increased in almost
every country since that time, the Conference declares that it is eminently
desirable that the Governments shguld resume the serious examination of
this question.

It has besides expressed the following opinions:

1. The Conference calls the attention of the Signatory Powers to the
advisability of adopting the annexed draft Convention for the creation of
a Judicial Arbitration Court, and of bringing it into force as soon as an
agreement has been reached respecting the selection of the Judges and
the constitution of the Court.

2. The Conference expresses the opinion that, in case of war, the re-
sponsible authorities, civil as well as military, should make it their special
THE HAGUE CONFERENCES 353

duty to ensure and safeguard the maintenance of pacific relations, more
especially of the commercial and industrial relations between the in-
habitants of the belligerent States and neutral countries.

3. The Conference expresses the opinion that the Powers should reg-
ulate, by special Treaties, the position, as regards military charges, of
foreigners residing within their territories.

4. The Conference expresses the opinion that the preparation of
regulations relative to the laws and customs of naval war should figure
in the programme of the next Conference, and that in any case the Powers
may apply, so far as possible, to war by sea the principles of the Con-
vention relative to the Laws and Customs of War on land.

Finally, the Conference recommends to the Powers the assembly of a
Third Peace Conference, which might be held within a period corres-
ponding to that which has elapsed since the preceding Conference, at a
date to be fixed by common agreement between the Powers, and it calls
their -attention to the necessity of preparing the programme of this
third Conference a sufficient time in advance to ensure its deliberations
being conducted with the necessary authority and expedition.

In order to attain this object the Conference considers that it would
be very desirable that, some two years before the probable date of the
meeting, a preparatory Committee should be charged by the Governments
with the task of collecting the various proposals to be submitted to the
Conference, of ascertaining what subjects are ripe for embodiment in an
International Regulation, and of proposing a programme which the Gov-
ernments should decide upon in sufficient time to enable it to be carefully
examined by the countries interested. This Committee should further
be intrusted with the task of proposing a system of organization and
procedure for the Conference itself.

In faith whereof the Plenipotentiaries have signed the present Act and
have affixed their seals thereto.

Done at the Hague, the 18th October, 1907, in a single copy, which shall
remain deposited in the archives of the Netherlands Government, and
duly certified copies of which shall be sent to all the Powers represented
at the Conference.48

INTERNATIONAL RED Cross CONVENTION

A second “Convention for the Amelioration of the Condi-
tion of the Wounded in Armies in the Field” was signed at
Geneva, July 6, 1906, by the plenipotentiaries of the United
States, Germany, Argentine Republic, Austria-Hungary, Bel-
gium, Bulgaria, Chile, China, Congo Free State, Denmark,
Spain, Brazil, Mexico, France, Great Britain, Greece, Guate-

48 Senate Documents, 2d Session 61st Congress, 48, 2369.
354 INTERNATIONAL RELATIONS

mala, Honduras, Italy, Japan, Luxemburg, Montenegro, Nor-
way, the Netherlands, Peru, Persia, Portugal, Roumania,
Russia, Servia, Siam, Sweden, Switzerland, and Uruguay. It
was ratified by the United States and proclaimed by the
President August 3, 1907, and is as follows:

Article 1. Officers, soldiers and other persons officially attached to
armies, who are sick or wounded, shall be respected and cared for, with-
out distinction of nationality, by the«belligerent in whose power they are.

A belligerent, however, when compelled to leave his wounded in the
hands of his adversary, shall leave with them, so far as military opera-
tions permit, a portion of the personnel and materiel of his sanitary
service to assist in caring for them.

Art. 2. Subject to the care that must be taken of them under the pre-
ceding article, the sick and wounded of an army who fall into the power
of the other belligerent, become prisoners of war, and the general rules
of international law in respect to prisoners become applicable to them.

The belligerents remain free, however, to mutually agree upon such
clauses, by way of exception or favor, in relation to the wounded or
sick as they may deem proper. They shall especially have authority to
agree:

1. To mutually return the sick and wounded left on the field of battle
after an engagement.

2. To send back to their own country the sick and wounded who have
recovered, or who are in a condition to be transported and whom they do
not desire to retain as prisoners. .

3. To send the sick and wounded of the enemy to a neutral state,
with the consent of the latter and on condition that it shall charge itself
with their internment until the close of hostilities.

Art. 3. After every engagement the belligerent who remains in pos-
session of the field of battle shall take measures to search for the wounded
and to protect the wounded and dead from robbery and ill treatment.

He will see that a careful examination is made of the bodies of the
dead prior to their interment or incineration.

Art. 4. As soon as possible each belligerent shall forward to the au-
thorities of their country or army the marks or military papers of iden-
tification found upon the bodies of the dead, together with a list of names
of the sick and wounded taken in charge by him.

Belligerents will keep each other mutually advised of internments and
transfers, together with admissions to hospitals and deaths which occur
among the sick and wounded in their hands. They will collect all objects
of personal use, valuables, letters, etc., which are found upon the field of
battle, or have been left by the sick or wounded who have died in sanitary
formations or other establishments, for transmission to persons in interest
through the authorities of their own country.
THE HAGUE CONFERENCES 355

Art. 5. Military authorities may make an appeal to the charitable zeal
of the inhabitants to receive and, under its supervision, to care for the
sick and wounded of the armies, granting to persons responding to such
appeals special protection and certain immunities.

Chapter II—Sanitary formations and establishments

Art. 6. Mobile sanitary formations (i.e. those which are intended to
accompany armies in the field) and the fixed establishments belonging to
the sanitary service shall be protected and respected by belligerents.

Art. 7. The protection due to sanitary formations and establishments
ceases if they are used to commit acts injurious to the enemy.

Art. 8. A sanitary formation or establishment shall not be deprived of
the protection accorded by article 6 by the fact:

1. That the personnel of a formation or establishment is armed and
uses its arms in self-defense or in defense of its sick and wounded.

2. That in the absence of armed hospital attendants, the formation is
guarded by an armed detachment or by sentinels acting under competent
orders.

3. That arms or cartridges, taken from the wounded and not yet
turned over to the proper authorities, are found in the formation or es-
tablishment,

(Chapter I]I—Personnel

Art. 9. The personnel charged exclusively with the removal, trans-
portation, and treatment of the sick and wounded, as well as with the
administration of sanitary formations and establishments, and the chap-
plains attached to armies, shall be respected and protected under all cir-
cumstances. If they fall into the hands of the enemy they shall not be
considered as prisoners of war.

These provisions apply to the guards of sanitary formations and estab-
lishments in the cases provided for in section 2 of article 8.

Art. 10. The personnel of volunteer aid societies, duly recognized and
authorized by their governments, who are employed in the sanitary
formations and establishments of armies, are assimilated to the personnel
contemplated in the preceding article, upon condition that the said per-
sonnel shall be subject to military law and regulations.

Each state shall make known to the other, either in time of peace or
at the opening, or during the progress of hostilities, and in any case before
actual employment, the names of the societies which it has authorized to
render assistance, under its responsibility, in the official sanitary service of
its armies.

Art. 11. A recognized society of a neutral state can only lend the ser-
vices of its sanitary personnel and formations to a belligerent with the
prior consent of its own government and the authority of such belligerent.
350 INTERNATIONAL RELATIONS

The belligerent who has accepted such assistance is required to notify the
enemy before making any use thereof.

Art. 12. Persons described in articles 9, 10, and 11 will continue in the
exercise of their functions, under the direction of the enemy, after they
have fallen into his power.

When their assistance is no longer indispensable they will be sent back
to their army or country, within such period and by such route as may
accord with military necessity. They will carry with them such effects,
instruments, arms, and horses as are their private property.

Art. 13. While they remain in his power, the enemy will secure to the
personnel mentioned in article 9 the same pay and allowances to which
persons of the same grade in his own army are entitled.

‘Chapter _ [V—Matériel

Art. 14. If mobile sanitary formations fall into the power of the enemy,
they shall retain their matériel including the teams, whatever may be the
means of transportation and the conducting personnel. Competent mili-
tary authority, however, shall have the right to employ it in caring for
the sick and wounded. The restitution of the matériel shall take place
in accordance with the conditions for sanitary personnel, and, as far as
possible, at the same time.

Art. 15. Buildings“Aand matériel pertaining to fixed establishments shall
remain subject to the laws of war, but cannot be diverted from their use
so long as they are necessary for the sick and wounded. Commanders
of troops engaged in operations, however, may use them, in case of
important military necessity, if, before such use, the sick and wounded
who are in them have been provided for.

Art. 16. The matériel of aid societies admitted to the benefits of this
convention, in conformity to the conditions therein established, is regarded
as private property and, as such, will be respected under all circumstances,
save that it is subject to the recognized right of requisition by belligerents
in conformity to the laws and usages of war.

Chapter V—Convoys of evacuation

Art. 17. Convoys of evacution shall be treated as mobile sanitary
formations subject to the following special provisions:

1. A belligerent intercepting a convoy may, if required by military
necessity, break up such convoy, charging himself with the care of the
sick and wounded whom it contains.

2. In this case the obligation to return the sanitary personnel, as pro-
vided for in article 12, shall be extended to include the entire military
personnel employed, under competent orders, in the transportation and
protection of the convoy.

The obligation to return the sanitary matériel, as provided for in Article
THE HAGUE CONFERENCES 357

14, shall apply to railway trains and vessels intended for interior navigation
which have been especially equipped for evacuation purposes, as well as
to the ordinary vehicles, trains, and vessels which belong to the sanitary
service,

Military vehicles, with their teams, other than those belonging to the
sanitary service, may be captured.

The civil personnel and the various means of transportation obtained by
requisition, including railway material and vessels utilized for convoys,
are subject to the general rules of international law.

Chapter VI—Distinctive emblems

Art. 18. Out of respect to Switzerland the heraldic emblem of the
red cross on a white ground, formed by the reversal of the federal colors,
is continued as the emblem and distinctive sign of the sanitary service
of armies.

Art. 19. This emblem appears on the flags and brassards as well as
upon all matériel appertaining to the sanitary service, with the permission
of the competent military authority.

Art. 20. The personnel protected in virtue of the first paragraph of
Article 9, and articles 10 and 11, will wear attached to the left arm a
brassard bearing a red cross on a white ground, which will be issued and
stamped by competent military authority, and accompanied by a certificate
of identity in the case of persons attached to the sanitary service of armies
who do not have military uniform.

Art. 21. The distinctive flag of the convention can only be displayed
over the sanitary formations and establishments which the convention
provides shall be respected, and with the consent of the military authorities.
It shall be accompanied by the national flag of the belligerents to whose
service the formation or establishment is attached.

Sanitary formations which have fallen into the power of the enemy,
however, shall fly no other flag than that of the Red Cross so long as
they continue in that situation.

Art. 22. The sanitary formations of neutral countries which, under the
conditions set forth in article 11, have been authorized to render their ser-
vices, shall fly, with the flag of the convention, the national flag of the
belligerent to which they are attached. The provisions of the second
paragraph of the preceding article are applicable to them.

Art. 23. The emblem of the red cross on a white ground and the words
Red Cross or Geneva Cross may only be used, whether in time of peace or
war, to protect or designate sanitary formations and establishments, the
personnel and matériel protected by the convention.

Chapter VII—Application and execution of the convention

Art. 24. The provisions of the present convention are obligatory only
on the contracting powers, in case of war between two or more of them.
358 INTERNATIONAL RELATIONS

The said provisions shall cease to be obligatory if one of the belligerent
powers should not be signatory to the convention.

Art. 25. It shall be the duties of the commanders in chief of the bel-
ligerent armies to provide for the details of execution of the foregoing
articles, as well as for unforeseen cases, in accordance with the in-
structions of their respective governments, and conformably to the gen-
eral principles of this convention.

Art. 26. The signatory governments shall take the necessary steps to
acquaint their troops, and particularly the protected personnel, with the
_provisions of this convention and to make them known to the people at
large.

Chapter ViIJ—Repression of abuses and infractions

Art. 27. The signatory powers whose legislation may not now be
adequate engage to take or recommend to their legislatures such measures
as may be necessary to prevent the use, by private persons or by societies
other than those upon which this convention confers the right thereto, of
the emblem or name of the Red Cross or Geneva Cross, particularly for
commercial purposes by means of trade-marks or commercial labels.

The prohibition of the emblem or name in question shall take effect
from the time set in each act of legislation, and at the latest five years
after this convention goes into effect. After stich going into effect, it
shall be unlawful to use a trade-mark or commercial label contrary to
such prohibition.

Art. 28. In the event of their military penal laws being insufficient,
the signatory governments also engage to take or to recommend to their
legislatures, the necessary measures to repress, in time of war, individual
acts of robbery and ill treatment of the sick and wounded of the armies,
as well as to punish, as usurpations of military insignia, the wrongful use
of the flag and brassard of the Red Cross by military persons or private
individuals not protected by the present convention.

They will communicate to each other through the Swiss Federal
Council the measures taken with a view to such repression, not later than
five years from the ratification of the present convention.

General Provisions

Art. 29. The present convention shall be ratified as soon as possible.
The ratifications will be deposited at Berne.

A record of the deposit of each act of ratification shall be prepared,
of which a duly certified copy shall be sent, through diplomatic channels,
to each of the contracting powers.

Art. 30. The present convention shall become operative, as to each
power, six months after the date of deposit of its ratification.

Art. 31. The present convention, when duly ratified, shall supersede
the Convention of August 22, 1864, in the relations between the contract-
ing states.
THE HAGUE CONFERENCES 359

The Convention of 1864 remains in force in the relations between the
parties who signed it but who may not also ratify the present convention.

Art. 32. The present convention may, until December 31, proximo, be
signed by the powers represented at the conference which opened at
Geneva on June 11, 1906, as well as by the powers not represented at the
conference who have signed the Convention of 1864.

Such of these powers as shall not have signed the present convention
on or before December 31, 1906, will remain at liberty to accede to it
after that date. They shall signify their adherence in a written notifica-
tion addressed to the Swiss Federal Council, and communicated to all
the contracting powers by the said council.

Other powers may request to adhere in the same manner, but their re-
quest shall only be effective if, within the period of one year from its
notification to the Federal Council, such Council has not been advised of
any opposition on the part of any of.the contracting powers.

Art. 33. Each of the contracting parties shall have the right to de-
nounce the present convention. This denunciation shall only become
operative one year after a notification in writing shall have been made
to the Swiss Federal Council, which shall forthwith communicate such
notification to all the other contracting parties.

This denunciation shall only become operative in respect to the power
which has given it.

In faith whereof the plenipotentiaries have signed the present conven-
tion and affixed their seals thereto.

Done at Geneva, the sixth day of July, one thousand nine hundred and
six, in a single copy, which shall remain in the archives of the Swiss
Confederation and certified copies of which shall be delivered to the con-
tracting parties through diplomatic channels.

(Signatures) 49

49U. S. Statutes, 1907 and 1908, Part II, 2st
CHAPTER VIII

OTHER RECENT GENERAL WELFARE CON-
VENTIONS

At a conference held in Washington in 1907 by plenipoten-
tiaries of the Central American States of Costa Rica, Salvador,
Guatemala, Honduras, and Nicaragua, at which Representa-
tives of the United States and Mexico were present, eight
Treaties were signed to regulate the relations of these Cen-
tral American Republics to each other. Perhaps the most im-
portant of these Conventions is one providing for the estab-
lishment of a Central American Court of Justice with full
jurisdiction of all controversies between the States. The
powers of the Court are defined as follows:

“Article 1. The High Contracting Parties agree by the
present Convention to constitute and maintain a permanent
tribunal, which shall be called the “Central American Court of
Justice,” to which they bind themselves to submit all con-
troversies or questions which may arise among them, of what-
soever nature and no matter what their origin may be, in case
the respective Departments of Foreign Affairs should not have
been able to reach an understanding.”

This treaty differs from the Arbitration Treaties entered
into between other nations in the very important particular
that it gives the Court jurisdiction of controversies involving
the “vital interests, the independence, or the honor” of the
parties, as well as those “of a legal nature or relating to the
interpretation of treaties.” The other treaties are designed
to promote good relations among the States, but without yield-
ing their separate sovereignty in other respects.*

A Convention was concluded between all the American Re-
publics except Venezuela, Hayti, and the Dominican Republic,
at Rio de Janeiro August 13, 1906, establishing the status of
naturalized citizens who again take up their residence in the

1Senate Documents, 2d Session, 61st Congress, 48, 2399.
OTHER RECENT GENERAL WELFARE CONVENTIONS 361

country of their origin, restoring them to citizenship in the
country of their nativity after returning with intent to re-
main, and presuming such intent after a residence of two
years.”

Another Convention was also signed at the same place on
August 23, 1906, by Representatives of all the American Re-
publics except Venezuela and Hayti providing for the estab-
lishment of an international Commission of Jurists, with duties
prescribed as follows:

“Article 1. There shall be established an international
Commission of Jurists, composed of one representative from
each of the signatory States, appointed by each of their respec-
tive Governments, which Commission shall meet for the pur-
pose of preparing a draft of a Code of Private International
Law and one of Public International Law, regulating the
relations between the Nations of America. Two or more
Governments may appoint a single representative, but such
representative shall have but one vote.’*

This Convention does not purport to confer legislative
powers on the Commission, or even the powers of plenipoten-
tiaries to make a treaty subject to ratification by the govern-
ments, but only to make drafts to be submitted to their govern-
ments.

A Convention was signed at Paris May 4, 1910, by Repre-
sentatives of fourteen European States, the United States and
Brazil for the repression of the circulation of obscene publica-
tions of which the following is a copy.

ARRANGEMENT RELATIVE TO THE REPRESSION OF THE CIRCULATION.
OF OBSCENE PUBLICATIONS

The Governments of the Powers hereinbelow named, equally desirous
of facilitating within the scope of their respective legislation, the mutual
interchange of information with a view to tracing and repressing offences
connected with obscene publications, have resolved to conclude an agree-
ment to that end and have, in consequence, designated their plenipoten-
tiaries who met in conference at Paris from April 18 to May 4, I910, and
agreed on the following provisions:

2 Senate Documents, 3rd Session 62nd Congress, 10, 125.
8Td. 129.
362 INTERNATIONAL RELATIONS

Article 1. Each one of the Contracting Powers undertakes to establish
or designate an authority charged with the duty of

(1) Centralizing all information which may facilitate the tracing and
repressing of facts constituting infringements of their municipal law as to
obscene writings, drawings, pictures or articles, and the constitutive
elements of which bear an international character.

(2) Supplying all information tending to check the importation of
publications or articles referred to in the foregoing paragraph and also
to insure or expedite their seizure all within the scope of municipal legis-
lation.

(3) Communicating the laws that have already been or may subsequently
be enacted in their respective States in regard to the object of the present
Arrangement.

The Contracting Governments shall mutually make known to one
another, through the Government of the French Republic, the authority
established or designated in accordance with the present Article.

Art. 2. The authority designated in Article 1 shall be empowered to
correspond directly with the like service established in' each one of the
other Contracting States.

Art. 3. The authority designated in Article 1 shall be bound, if there
be nothing to the contrary in the municipal law of its country, to com-
municate bulletins of the sentences passed in said country to the similar
authorities of all the other Contracting States in case of offences com-
ing under Article 1.

Art. 4. Non-Signatory States shall be permitted to adhere to the present
arrangement. They shall notify their intention to that effect by means of
an instrument which shall be deposited in the archives of the Government
of the French Republic. The said Government shall send through dip-
lomatic channel a certified copy of the said instrument to each of the
Contracting States and shall at the same time apprize them of the date
of deposit.

Six months after that date the Arrangement shall go into effect
throughout the territory of the adhering State which will thereby become
a Contracting State.

The remaining articles numbered 5 to 8 are in the usual form for
general conventions. It is signed by fourteen of the leading nations
and bears date at Paris May 4, 1910.4

INTERNATIONAL AMERICAN CONFERENCES

Four conferences of the American Republics for the con-
sideration of the affairs of the Western Hemisphere have been
held. The first was convened at Washington on October 2,
1889, on the invitation of the United States, and was attended

# Senate Documents, 3d Session 62nd Congress, 10, 133.
OTHER RECENT GENERAL WELFARE CONVENTIONS 363

by representatives of Mexico, Haiti, and all the states of
Central and South America. Subsequent conferences were
held at the city of Mexico in October, 1901 to January, 1902,
and in Rio de Janeiro in July, 1906. A fourth conference
was held at Buenos Aires at which all the American nations
except Bolivia were represented, at which the four following
conventions were signed by the delegates of the twenty Amer-
ican republics. These conventions evidence the advancing
sentiment of all the Americas on the subject of international
relations and are as follows:

Pecuniary Cxiaims CoNvENTION

Their Excellencies the Presidents of the United States of America,
Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican
Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua,
Panama, Paraguay, Peru, Salvador, Uruguay and Venezuela;

Being desirous that their respective countries may be represented at
the Fourth International American Conference have sent the following
delegates, duly authorized to approve the recommendations, resolutions,
conventions, and treaties which may be advantageous to the interests of
America;

(Here follows a list of the names of all the delegates)

Who, after having presented their credentials and the same having
been found in due and proper form, have agreed upon the following Con-
vention on Pecuniary Claims:

First. The High Contracting Parties agree to submit to arbitration all
claims for pecuniary loss or damage which may be presented by their
respective citizens and which cannot be amicably adjusted through diplo-
matic channels, when said claims are of sufficient importance to warrant
the expense of arbitration. .

The decision shall be rendered in accordance with the principles of
international law.

Second. The High Contracting Parties agree to submit to the decision
of the permanent Court of Arbitration of The Hague all controversies
which are the subject matter of the present treaty, unless both parties
agree to constitute a special jurisdiction.

If a case is submitted to the Permanent Court of The Hague, the High
Contracting Parties accept the provisions of the treaty relating to the
organization of that arbitral tribunal, to the procedure to be followed, and
to the obligation to comply with the sentence.

Third. If it shall be agreed to constitute a special jurisdiction, there
shall be prescribed in the convention by which this is determined the rules
according to which the tribunal shall proceed, which shall have cognizance
364 INTERNATIONAL RELATIONS

of the questions involved in the claims referred to in article 1 of the
present treaty.

Fourth. The present treaty shall come into force immediately after
the 31st of December, 2912, when the treaty on pecuniary claims, signed
at Mexico on January 31, 1902 ,and extended by the treaty signed at Rio
de Janeiro on August 13, 1916, expires.

It shall remain in force indefinitely, as well for the nations which shall
then have ratified it as those which shall ratify it subsequently.

The ratifications shall be transmitted to the Government of the Ar-
gentine Republic, which shall communicate them to the other contracting
parties.

Fifth. Any of the nations ratifying the present treaty may denounce
it, on its own part, by giving two year’s notice in writing, in advance, of
its intention so to do.

This notice shall be transmitted to the Government of the Argentine
Republic and through its intermediation to the other contracting parties.

Sixth. The treaty of Mexico shall continue in force after December
31, 1912, as to any claims which may, prior to that date, have been sub-
mitted to arbitration under its provisions.

In witness whereof the plenipotentiaries and delegates sign this con-
vention and affix to it the seal of the Fourth International American
Conference.

Made and signed in the city of Buenos Aires, on the 11th day of August,
in the year 1910, in the Spanish, English, Portuguese, and French lan-
guages, and filed in the ministry of foreign affairs of the Argentine Re-
public, in order that certified copies may be taken to be forwarded
through the appropriate diplomatic channels to each one of the signatory
nations.

(Signatures) 5

CoNVENTION CONCERNING LITERARY AND ARTISTIC COPYRIGHT
(Introductory recitals omitted)

First. The signatory States acknowledge and protect the rights of
literary and artistic property in conformity with the stipulations of the
present convention.

Second. In the expression “literary and artistic works” are included
books, writings, pamphlets of all kinds, whatever may be the subject of
which they treat, and whatever the number of their pages; dramatic or
dramatico-musical works; choreographic and musical compositions, with
or without words; drawings, paintings, sculpture, engravings; photographic
works; astronomical or geographical globes; plans, sketches or plaster
works relating to geography, geology or topography, architecture or any
other science; and, finally, all productions that can be published by any
means of impression or reproduction.

5 Senate Documents, 3rd Session 62nd Congress, 10, 345.
OTHER RECENT GENERAL WELFARE CONVENTIONS 365

Third. The acknowledgement of a copyright obtained in one state, in
conformity with its laws, shall produce its effects of full right, in all
the other states, without the necessity of complying with any other
formality, provided always there shall appear in the work a statement that
indicates the reservation of the property right.

Fourth. The copyright of a literary or artistic work, includes for
its author or assigns the exclusive power of disposing of the same, of
publishing, assigning, translating, or authorizing its translation and re-
producing it in any form whether wholly or in part.

Fifth. The author of a protected work, except in case of proof to
the contrary, shall be considered the person whose name or well known
nom de plume is indicated therein; consequently suit brought by such
author or his representative against counterfeiters or violators, shall be
admitted by the courts of the signatory states.

Sixth. The authors or their assigns, citizens or domiciled foreigners,
shall enjoy in the signatory countries the rights that the respective laws
accord, without those rights being allowed to exceed the term of pro-
tection granted in the country of origin.

For works comprising several volumes that are not published simul-
taneously, as well-as for bulletins, or parts, or periodical publications, the
term of the copyright will commence to run, with respect to each volume,
bulletin, part, or periodical publication, from the respective date of its
publication.

Seventh. The country of origin of a work will be deemed that of its
first publication in America, and if it shall have appeared simultaneously
in several of the signatory countries, that which fixes the shortest period
of protection.

Eighth. A work which was not originally copyrighted shall not be
entitled to copyright in subsequent editions.

Ninth. Authorized translations shall be protected in the same manner
as original works.

Translators of works concerning which no right of guaranteed prop-
erty exists, or the guaranteed copyright of which may have been extin-
guished, may obtain for their translations the rights of property set forth
in article 3, but they shall not prevent the publication of other translations
of the same work.

Tenth. Addresses or discourses delivered or read before deliberative
assemblies, courts of justice, or at public meetings, may be printed in the
daily press without the necessity of any authorization, with due regard,
however, to the provisions of the domestic legislation of each nation.

Eleventh. Literary, scientific, or artistic writings, whatever may be
their subjects, published in newspapers or magazines, in any one of the
countries of the union, shall not be reproduced in the other countries
without the consent of the authors. With the exception of the works
mentioned, any article in a newspaper may be reprinted by others, if it
has not been expressly prohibited, but in every case the source from
which it is taken must be cited.
366 INTERNATIONAL RELATIONS

News and miscellaneous items published merely for general information

do not enjoy protection under this convention.
° Twelfth. The reproduction of extracts from literary or artistic pub-
lications for the purpose of instruction or chrestomathy, does not confer
any right of property, and may therefore be freely made in all the sig-
natory countries.

Thirteenth. The indirect appropriation of tnauthorized parts of a
literary or artistic work, having no original character, shall be deemed
an illicit reproduction, in so far as affects civil liability.

The reproduction of any form of an entire work, or of the greater part
thereof, accompanied by notes or commentaries under the pretext of
literary criticism or amplification, or supplement to the original work,
shall also be considered illicit.

Fourteenth. Every publication infringing a copyright may be confis-
cated in the signatory countries in which the original work had the right
to be legally protected, without prejudice to the indemnities or penalties
which the counterfeiters may have incurred according to the laws of the
country in which the fraud may have been committed.

Fifteenth. Each of the Governments of the signatory countries, shall
retain the right to permit, inspect, or prohibit the circulation, representa-
tion, or exhibition of works or productions concerning which the proper
authority may have to exercise that right.

Sixteenth. The present convention shall become operative between the
signatory States which ratify it three months after they shall have com-
municated their ratification to the Argentine Government, and it shall
remain in force among them until a year after the date when it may be
denounced. This denunciation shall be addressed to the Argentine Gov-
ernment and shall be without force except with respect to the country
making it.

In witness whereof the plenipotentiaries have signed the present treaty
and affixd thereto the seal of the Fourth International American Con-
ference.

Made and signed in the city of Buenos Aires on the 11th day of August
in the year 1910, in Spanish, English, Portuguese, and French, and de-
posited in the ministry of foreign affairs of the Argentine Republic in
order that certified copies be made for transmission to each of the
signatory nations through the appropriate diplomatic channels.

(Signatures) 6

ConvENTION CONCERNING THE PROTECTION OF TRADE-MARKS

(Introductory recitals omitted)

Article 1. The signatory nations enter into this convention for the
protection of trade-marks and commercial names.
Art. 2, Any mark duly registered in one of the signatory States shall

6 Senate Documents, 3d Session 62nd Congress, 10, 349.
OTHER RECENT GENERAL WELFARE CONVENTIONS 367

be considered as registered also in the other States of the union, without
prejudice to the rights of third persons and to the provisions of the laws
of each State governing the same.

In order to enjoy the benefit of the foregoing, the manufacturer or
merchant interested in the registry of the mark must pay, in addition to
the fees or charges fixed by the laws of the State in which application for
registration is first made, the sum of fifty dollars gold, which sum shall
cover all the expenses of both bureaus for the international registration
in all the signatory States.

Art. 3. The deposit of a trade-mark in one of the signatory States
produces in favor of the depositor a right of property for the period of
six months, so as to enable the depositor to make the deposit in the other
States.

Therefore the deposit made subsequently and prior to the expiration of
this period can not be annulled by acts performed in the interval, especially
by another deposit, by publication, or by the use of the mark.

Art. 4. The following shall be considered as trade-mark: Any sign,
emblem, or especial name that merchants or manufacturers may adopt
or apply to their goods or products in order to distinguish them from
those of other manufacturers or merchants who manufacture or deal in
articles of the same kind.

Art. 5. The following cannot be adopted or used as trade-mark: Na-
tional, provincial, or municipal flags or coats-of-arms; immoral or scan-
dalous figures; distinctive marks which may have been obtained by others
or which may give rise to confusion with other marks; the general class-
ification of articles; pictures or names of persons without their permission;
and any design which may have been adopted as an emblem by any
fraternal or humanitarian association. ;

The foregoing provisions shall: be construed without prejudice to the
particular provisions of the laws of each State.

Art. 6. All questions which may arise regarding the priority of the
deposit or the adoption of a trade-mark shall be decided with due regard
to the date of the deposit in the State in which the first application was
made thereof.

Art. 7. The ownership of a trade-mark includes the right to enjoy the
benefits thereof and the right of assignment or transfer in whole or in
part of its ownership or its use in accordance with the provisions of the
laws of the respective States.

Art. 8 The falsification, imitation, or unauthorized use of a trade-
mark, as also the false representation as to the origin of a product, shall
be prosecuted by the interested party in accordance with the laws of the
State wherein the offense is committed.

For the effects of this article, interested parties shall be understood to
be any producer, manufacturer, or merchant engaged in the production,
manufacture, or traffic of said product, or in the case of false representa-
368 INTERNATIONAL RELATIONS

tion of origin, one doing business in the locality falsely indicated as that
of origin, or in the territory in which said locality is situated,

Art. 9. Any person in any of the signatory States shall have the right
to petition and obtain in any of the States, through its competent judicial
authority, the annullment of the registration of a trade-mark, when he
shall have made application for the registration of that mark, or of any
other mark, calculated to be confused, in such State, with the mark in
whose annullment he is interested, upon proving.

(a) That the mark the registration whereof he solicits has been em-
ployed or used within the country prior to the employment or use of the
mark registered by the person registering it or by the persons from whom
he has derived title;

(b) That the registrant had knowledge of the ownership, employ-
ment, or use in any of the signatory States of the mark of the applicant
the annullment whereof is sought prior to the use of the registered mark
by the registrant or by those from whom he has derived title;

(c) That the registrant had no right to the ownership, employment, or
use of the registered mark on the date of its deposit;

(d) That the registered mark had not been used or employed by the
registrant or by his assigns within the term fixed by the laws of the State
in which the registration shall have been made.

Art. 10. Commercial names shall be protected in all the States of the
Union, without deposit or registration, whether the same form part of a
trade-mark or not.

Art. 11. For the purposes indicated in the present convention a union
of American Nations is hereby constituted, which shall act through two
international bureaux established one in the city of Habana, Cuba, and the
other the city of Rio de Janeiro, Brazil, acting in complete accord with
each other.

Art. 12, The international bureau shall have the following duties;

1. To keep a register of the certificates of ownership of trade-marks
issued by any of the signatory States. .

2. To collect such reports and data as relate to the protection of intel-
lectual and industrial property and to publish and circulate them among
the nations of the union, as well as to furnish them whatever special
information they may need upon this subject.

3. To encourage the study and publicity of the questions relating to
the protection of intellectual and industrial property; to publish for this
purpose one or more official reviews, containing the full texts or digests
of all documents forwarded to the bureaux by the authorities of the sig-
natory States.

The Governments of the said States shall send to the International Amer-
ican Bureaux their official publications which contain the announcements
of the registrations of trade-marks, and commercial names, and the
grants of patents and privileges as well as the judgments rendered by
the respective courts concerning the invalidity of trade-marks and patents.
OTHER RECENT GENERAL WELFARE CONVENTIONS 369

4. To communicate to the Governments of the union any difficulties or
obstacles that may oppose or delay the effective application of this con-
vention.

5. To aid the Governments of the signatory States in the preparation
of international conferences for the study of legislation concerning in-
dustrial property, and to secure such alterations as it may be proper to
propose in the regulations of the union, or in treaties in force to protect
industrial property. In case such conferences take place, the directors
of the bureaux shall have the right to attend the meetings and there to
express their opinions, but not to vote.

6. To present to the Governments of Cuba and of the United States
of Brazil, respectively, yearly reports of their labors which shall be com-
municated at the same time to all the Governments of the other States
of the union.

7. To initiate and establish relations with similar bureaus and with
the scientific and industrial associations and institutions for the exchange
of publications, information, and data conducive to the progress of the
protection of industrial property.

8 To investigate cases where trade-marks, designs, and industrial
models have failed to obtain the recognition or registration provided for
by this convention, on the part of the authorities of any one of the States
forming the union, and to communicate the facts and reasons to the
Government of the country of origin and to interested parties.

9. To cooperate as agents for each one of the Governments of the
signatory states before the respective authorities for the better per-
formance of any act tending to promote or accomplish the ends of this
convention.

Art. 13. The bureau established in the city of Habana, Cuba, shall have
charge of the registration of trade-marks coming from the United
States of America, Mexico, Cuba, Haiti, the Dominican Republic, El
Salvador, Honduras, Nicaragua, Costa Rica, Guatemala, and Panama.

The bureau established in the city of Rio de Janeiro shall have charge
of the registration of trade-marks coming from Brazil, Uruguay, the Ar-
gentine Republic, Paraguay, Bolivia, Chile, Peru, Ecuador, Venezuela, and
Colombia.

Art. 14. The two international bureaux shall be considered as one, and
for the purpose of the unification of the registrations it is provided:

(a) Both shall have the same books and the same accounts kept under
an identical system.

(b) Copies shall be reciprocally transmitted weekly from one to the
other of all applications, registrations, communications, and other
documents affecting the recognition of the rights of owners of trade-
marks.

Art. 15. The international bureaux shall be governed by identical
regulations, formed with the concurrence of the Governments of the
370 INTERNATIONAL RELATIONS

Republic of Cuba and the United States of Brazil and approved by all the
other signatory States.

Their budgets, after being sanctioned by the said Governments, shall be
defrayed by all the signatory States in the same proportion as that estab-
lished by the International Bureau of the American Republics at Wash-
ington, and in this particular they shall be placed under the control of
those Governments within whose territory they are established.

The international bureaux may establish such rules of practice and pro-
cedure, not inconsistent with the terms of this convention, as they may
deem necessary and proper to give effect to its provisions.

Art. 16. The Governments of the Republic of Cuba and of the United
States of Brazil shall proceed with the organization of the Bureaux of
the International Union as herein provided, upon the ratification of this
convention by at least two-thirds of the nations belonging to each group.

The simultaneous establishment of both bureaux shall not be necessary;
one only may be established if there be the number of adherent govern-
ments provided for above.

Art. 17. The treaties on trade-marks previously concluded by and
between the signatory States, shall be substituted by the present conven-
tion from the date of its ratification, as far as the relations between the
signatory States are concerned.

Art. 18. The ratifications or adhesions of the American States to the
present convention shall be communicated to the Government of the
Argentine Republic, which shall lay them before the other States of the
union. These communications shall take the place of an exchange of
ratifications. ;

Art. 19. Any signatory State that may see fit to withdraw from the
present convention shall so notify the Government of the Argentine Re-
public, which shall communicate this fact to the other States of the
union, and one year after the receipt of such communication this con-
vention shall cease with regard to the State that shall have withdrawn.

In witness whereof the plenipotentiaries and delegates sign this con-
vention and affix to it the seal of the Fourth International American Con-
ference.

Made and signed in the city of Buenos Aires, on the 20th day of August,
in the year ro1o, in Spanish, English, Portuguese, and French, and filed
in the Ministry of Foreign Affairs of the Argentine Republic in order that
certified copies may be made, to be forwarded through appropriate chan-
nels to each one of the signatory nations.

(Signatures)?

ConvENTION RELATING To InveNnTIONS, PaTtENTs, DESIGNS,
AND InpUSTRIAL MopELs

Article 1. The subscribing nations enter into this convention for the
protection of patents of invention, designs, and industrial models.

7 Senate Documents, 3d Session 62nd Congress, 10, 345.
OTHER RECENT GENERAL WELFARE CONVENTIONS 371

Art. 2. Any person who shall obtain a patent of invention in any of
the signatory States shall enjoy in each of the other States all the ad-
vantages which the laws relative to patents of invenion, designs, and
industrial models concede. Consequently, they shall have the right to the
same protection and identical legal remedies against any attack upon their
rights provided they comply with the laws of each State.

Art. 3. Any person who shall have regularly deposited an application
for a patent of invention or design or industrial model in one of the
contracting States shall enjoy, for the purposes of making the deposit in
the other States and under the reserve of the rights of third parties, a right
of priority during a period of twelve months for patents of invention, and
of four months for designs or industrial models.

In consequence the deposits subsequently made in any other of the sig-
natory States before the expiration of these periods can not be invalidated
by acts performed in the interval, especially by other deposits, by the pub-
lication of the invention or its working, or by the sale of copies of the
design or of the model.

Art. 4. When, within the terms fixed, a person shall have filed applica-
tions in several States ‘for the patent of the same invention, the rights re-
sulting from patents thus applied for shall be independent of each other.

They shall also be independent of the rights arising under patents
obtained for the same invention in countries not parties to this con-
vention.

Art. 5. Questions which may arise regarding the priority of patents
of invention shall be decided with regard to the date of the application
for the respective patents in the countries in which they are granted.

Art. 6. The following shall be considered as inventions: A new man-
ner of manufacturing industrial products, a new machine or mechanical
or manual apparatus which serves for the manufacture of said products,
the discovery of a new industrial product, the application of known
methods for the purpose of securing better results, and every new, original,
and ornamental design or model for an article of manufacture.

The foregoing shall be understood without prejudice to the laws of each
State.

Art. 7. Any of the signatory -States may refuse to recognize patents
for any of the following causes:

(a) Because the inventions or discoveries may have been published in
any country prior to the date of the invention by the applicant.

(b) Because the inventions have been registered, published or described
in any country more than one year prior to the date of the application in
the country in which the patent is sought.

(c) Because the inventions have been in public use, or have been on
sale in the country in which the patent has been applied for, one year
prior to the date of said application.

(d) Because the inventions or discoveries are in some manner con-
trary to morals or laws. _
374 INTERNATIONAL RELATIONS

Art. 8. The ownership of a patent or invention comprises the right
to enjoy the benefits thereof, and the right to assign or transfer it in
accordance with the laws of the country.

Art. 9. Persons who incur civil or criminal liabilities, because of in-
juries or damage to the rights of inventors, shall be prosecuted and
punished in accordance to the laws of the countries wherein the offense
has been committed or the damage occasioned.

Art. 10. Copies of patents certified in the country of origin, according
to the national law thereof, shall be given full faith and credit as evidence
of the right of priority, except as stated in Article 7.

Art. 11. The treaties relating to patents of invention, designs, or in-
dustrial models, previously entered into between the countries subscribing
to the present convention, shall be superseded by the same from the time
of its ratification in so far as the relations between the signatory States
are concerned.

Art. 12. The adhesion of the American Nations to the present conven-
tion shall be communicated to the Government of the Argentine Republic
in order that it may communicate them to the other States. These com-
munications shall have the effect of an exchange of ratifications.

Art. 13. A signatory nation that sees fit to retire from the present
convention shall notify the Government of the Argenine Republic, and
one year after the receipt‘of the communication the force of this conven-
tion shall cease, in so far as the nation which shall have withdrawn
its adherence is concerned.

In witness whereof, the plenipotentiaries have signed the present treaty
and affixed thereto the seal of the Fourth International American Con-
ference.

Made and signed in the city of Buenos Aires on the 2oth day of August
in the year 1910, in Spanish, English, Portuguese, and French, and de-
posited in the ministry of foreign affairs of the Argentine Republic, in
order that certified copies be made for transmission to each of the
signatory nations through the appropriate diplomatic channels.

(Signatures) 8

The Hague convention on the subject of the enforcement of
contract debts is merely an agreement not to resort to armed
force for the collection of them unless the debtor nation re-
fuses to arbitrate or to comply with an award. The conven-
tion between the American Republics on the subject goes much
farther and provides for the submission to The Hague
Tribunal of all claims for pecuniary loss or damage which can-
not be settled by diplomacy and involve a sufficient amount to

8 Senate Documents, 3d Session 62nd Congress, 10, 362.
OTHER RECENT GENERAL WELFARE CONVENTIONS 373

warrant the expense, unless the parties agree on another trib-
unal for the arbitration of the dispute. No preliminary treaty
on the subject appears to be necessary, this convention binding
all the American republics to submit their money demands to
arbitration and adopting The Hague Tribunal as the court of
arbitration and accepting the procedure prescribed by the
Hague Convention for the Settlement of International dis-
putes. The other conventions provide in effect for a union of
all the American states for the protection of the rights of
authors, artists, inventors, manufacturers and merchants and
accord the citizens of each nation the same rights in all the
countries that their laws accord to their own citizens under like
conditions. The absence of the word “subject” from the
treaties is noticable, these republics having no subjects.
Another feature of the convention concerning pecuniary claims
is that it is designed to be a continuing agreement and does not
expire by any limitation contained in it, though any party may
be relieved from future obligation to abide by it by denouncing
it, but this denunciation does not affect the operation of it as
to the other states. The convention relating to copyrights
gives full protection to authors and their assigns throughout
both continents without any additional formalities after the
copyright has been secured in the country of origin. For the
purposes of this treaty America is one country, except as the
laws of the various nations differ in the protection afforded
to authors of their own country. This convention also by
its terms remains in force until a year after it is denounced.
The last two of the above conventions do not in express terms
provide that they are to continue until denounced, but contain
no limitation of time at which they are to expire and are there-
fore like ordinary legislation in force until repealed. The
fields covered by these last two are covered by a subsequent
convention concluded at Washington on June 2, 1911, which
is designed to be continuing in its operation and is open to the
adhesion of all the nations of the earth. The first general con-
vention on the subject of industrial property was signed at
Paris on March 20, 1883,° to the final Protocol of which an

9Senate Documents, 2nd Session 61st Congress, 48, 1935.
374 INTERNATIONAL RELATIONS

amendment was concluded at Madrid on April 15, 18g1.%°
An additional Act was signed at Brussels on December 14,
1900." The convention of June 2, I911, was designed to
modify and add to the prior ones and is as follows:

INDUSTRIAL Property CONVENTION

Article 1. The contracting countries constitute a state of Union for
the protection of industrial property.

Art. 2. The subjects or citizens of each of the contracting countries
shall enjoy, in all the other countries of the Union, with regard to patents
of invention, models of utility, industrial designs or models, trade-marks,
trade names, the statements of place of origin, suppression of unfair com-
petition, the advantages which the respective laws now grant or may
hereafter grant to the citizens of that country. Consequently, they shall
have the same protection as the latter and the same legal remedies against
any infringements of their rights, provided they comply with the for-
malities and requirements imposed by the National laws of each State
upon its own citizens. Any obligation of domicile or of establishment in
the country where the protection is claimed shall not be imposed on the
members of the TJnion.

Art. 3. The subjects or citizens of countries which do not form part
of the Union, who are domiciled or own effective and bona fide industrial
or commercial establishments in the territory of any of the countries of
the Union, shall be assimilated to the subjects or citizens of the con-
tracting countries.

Art. 4. (a) Any person who shall have duly filed an application for a
patent, utility model, industrial design or model, or trademark, in one of
the contracting countries, or the sticcessor or assignee of such person shall
enjoy, for the purpose of filing application in the other countries, and sub-
ject to the rights of third parties, a right of priority during the periods
hereinafter specified.

(b) Consequently, the subsequent filing in one of the other countries
of the Union, prior to the expiration of such periods, shall not be in-
validated by acts performed in the interval, especially by another applica-
tion, by publication of the invention or the working of the same, by the
sale of copies of the design or model, nor by the use of the mark.

(c) The periods of priority above referred to shall be twelve months
for patents and models of utility and four months for industrial designs
and models as also for trademarks.

(d) Whoever shall wish to avail himself of the priority of an anterior
filing, shall be required to make a declaration showing the date and the
country of this filing. Each country shall determine at what moment, at

101d. 48. 1943.
111d. 48. 1045.
OTHER RECENT GENERAL WELFARE CONVENTIONS 375

the latest, this declaration shall be executed. This information shall be
mentioned in the publications issued by the competent Administration,
particularly on patents and the specifications relative thereto. The con-
tracting countries shall require of one who makes a declaration of priority
the production of a copy of the application (specifications, drawings, etc.)
previously filed, certified to be a true copy by the Administration which
shall have received it. This copy shall be dispensed from any legaliza-
tion. It may be required that it be accompanied by a certificate of the
date of filing, issuing from this Administration, and ofa translation.
Other formalities shall not be required for the declaration of priority
at the time of filing the application. Each contracting country shall de-
termine the consequences of the omission of the formalities prescribed by
the present article, unless these consequences exceed the loss of the right
of priority.

(e) Later other justifications can be demanded.

Art. 4%. Patentseapplied for in the different contracting countries by
persons admitted to the benefit of the Convention in the terms of Articles
2 and 3, shall be independent of the patents obtained for the same invention
in the other countries, adherent or not to the Union.

This provision shall be understood in an absolute manner, particularly
in the sense that the patents applied for during the term of priority are
independent, as much from the point of view of the causes ‘of nullity and
of forfeiture as from the point of view of the normal duration.

It applies to all patents existing at the time of entrance into force.

It shall be likewise, in case of accession of new countries, for patents
existing on both sides at the time of accession.

Art. 5. The importation by the patentee, into the country siitiaies the
patent has been granted, of articles manufactured in any of the countries
of the Union shall not entail forfeiture.

However, the patentee shall be obliged to work his patent according to
the laws of the country into which he introduces the patented objects,
but with the restriction that the patents shall not be liable to forfeiture be-
cause of non-working in one of the countries of the Union until after a
term of three years, from the date of the filing of the application in that
country, and only in case the patentee shall fail to show sufficient cause for
his inaction.

Art. 6. Every trademark regularly registered in the country of origin
shall be admitted to registration and protected as that in the other coun-
tries of the Union.

However, there may be refused or invalidated:

1. Marks which are of a nature to infringe rights acquired by third
parties in the country where protection is claimed.

2. Marks devoid of all distinctive character, or even composed ex-
clusively of signs or data which may be used in commerce, to designate the
kind, quality, quantity, destination, “value, place of origin of the products
376 INTERNATIONAL RELATIONS

or the time of production, or become common in the current language or
the legal and steady customs of commerce of the country where the pro-
tection is claimed.

In the estimation of the distinctive character of a mark, all the cir-
cumstances existing shall be taken into account, particularly the duration
of the use of the mark.

3. Marks which are contrary to morals or public order.

The country where the applicant has his principal establishment shall be
considered as the country of origin.

Art. 7. The nature of the product on which the trademark is to be
applied cannot, in any case, be an obstacle to the filing of the mark.

Art. 7%. The contracting countries agree to admit for filing and to
protect marks belonging to associations the existence of which is not con-
trary to the law of the country of origin, even if these associations do
not possess an industrial or commercial establishment.

Each country shall be judge of the special conditiens under which an
association may be admitted to have the marks protected.

Art. 8. Trade names shall be protected in all the countries of the
Union without the obligation of filing, whether it be a part or not of a
trademark.

Art. 9. Any product bearing illegally a trade-mark or a trade name
shall be seized at importation in those of the countries of the Union in
which this mark or this trade name may have a right to legal protection.

If the laws of a country do not admit of seizure on importation, the
seizure shall be replaced by prohibition of importation.

The seizure shall be likewise effected in the country where illegal
affixing shall have been made, or in the country into which the product
shall have been imported.

The seizure shall be made at the request of the public ministry, or any
other competent authority, or by an interested party, individual or society,
in conformity to the interior laws of each country.

The authorities shall not be required to make the seizure in transit.

If the laws of a country admit neither of a seizure on importation nor
the prohibition of importation, nor seizure in said country, these measures
shall be replaced by the acts and means which the law of such country
would assure in like case to its own citizens.

Art. 10. The provisions of the preceding article shall be applicable to
any product bearing falsely, as indication of the place of production, the
name of a definite locality, when this indication shall be joined to a
fictitious or borrowed trade name with an intention to defraud.

The interested party is considered any producer, manufacturer or
merchant, engaged in the production, manufacture or commerce of such
product, and established either in the locality falsely indicated as place of
production or in the region where this locality is situated.

Art. 10%. All the contracting countries agree to assure to the members
of the Union an effective protection against unfair competition.
OTHER RECENT GENERAL WELFARE CONVENTIONS 377

Art. 11. The contracting countries shall accord, in conformity with
their national laws, a temporary protection to patentable inventions,
working models, industrial models or designs, as well as to trademarks,
for products exhibited at international expositions, officiAl or officially
recognized, organized in the territory of one of them.

Art. 12, Each of the contracting countries agrees to establish a special
service for Industrial Property and a central office for the communication
to the public of patents, working models, industrial models for designs
and trademarks, .

This service shall publish, as often as possible, an official periodical.

Art. 13. The international Office instituted at Berne under the name of
“Bureau international pour la protection de la Propriété industrielle” is
placed under the high authority of the Government of the Swiss Con-
federation, which regulates its organization and supervises its operation.

The international Bureau shall centralize information of any nature
relative to the protection of industrial property, and form it in a general
statistical report which shall be distributed to all Administrations. It
shall proceed to considerations of common utility interesting to the
Union and shall edit, with the aid of the documents put at its disposal
by the different Administrations, a periodical in the French language on
questions concerning the object of the Union.

Numbers of this periodical, like all the documents published by the
international Bureau, shall be distributed among the Administrations of
the countries of the Union, in proportion to the number of contributive
units mentioned below. Copies and ‘supplementary documents which
shall be requested, either by the Administrations, or by societies or in-
dividuals, shall be paid for separately.

The international Bureau shall hold itself at all times at the disposition
of the members of the Union, to furnish them special information of
which they -may have need, on the questions relative to the international’
service of industrial property. It shall make an annual report of its
management which shall be communicated to all the members of the
Union. .

The official language of the international Bureau shall be French.

The expense of the international Bureau shall be borne in common
by the contracting countries. They may not, in any case, exceed the
sum of sixty thousand francs per year.

In order to determine the contributive part of each of the countries
in this sum total of the expenses, all the contracting countries and those
which later join the Union shall be divided into six classes, each con-
tributing in proportion to a certain number of units, to-wit:

Class 1—Units: 25

“

Class 2— 20
Class 3— “ 15
Class 4—- “ 10

Class 5— “ 5
Class 6— “ 3
378 INTERNATIONAL RELATIONS

These coefficients shall be multiplied by the number of countries of
each class, and the sum of the products thus obtained shall furnish the
number of units by which the total expenses are to be divided. The
quotient shall give the amount of the unit of expense.

Each of the contracting countries shall designate at the time of its
accession, the class in which it wishes to be ranked.

The Government of the Swiss Confederation shall supervise the ex-
penses of the international Bureau, make necessary advances and draw
up annual statements of accounts which shall be communicated to all
the other Administrations.

Art. 14. The present Convention shall be submitted to periodical re-
visions with a view to introducing improvements in it of a nature to
perfect the system of the Union. :

To this end conferences of the delegates of the contracting countries
shall be held successively in one of the said countries.

The Administration of the country where the Conference is to be held
shall prepare, with the concurrence of the international Bureau the works
of such Conference. :

The Director of the international Bureau will assist at the meetings of
the Conference and take part in the discussions without a vote.

Art. 15. It is understood that the contracting countries reserve to them-
selves respectively the right to make separately, between themselves, special
arrangements for the protection of industrial property, in so far as these
arrangements may not interfere with the provisions of the present Con-
vention.

Art. 16. The countries which have not taken part in the present Con-
vention shall be permitted to adhere to it upon their request.

Notice of adhesion shall be made through diplomatic channels to the
Government of the Swiss Confederation, and by the latter to all the others.

It shall entail complete adhesion to all the clauses and admission to all
the advantages stipulated by the present Convention, and shall take
effect one month after the notification made by the Government of the
Swiss Confederation to the other unionist countries, unless a later date
shall have been indicated by the adhering country.

Art. 16%. The contracting countries have the right to adhere at any
time to the present Convention for their colonies, possessions, dependen-
cies and protectorates, or for certain ones of them.

They may, to this end, either make a general declaration by which all
their colonies, possessions, dependencies and protectorates are included
in the adherence, or expressly name those included therein, or simply in-
dicate those excluded from it.

This declaration shall be made in writing to the Government of the
Swiss Confederation and by the latter made to all the others.

The contracting countries can, under like conditions, renounce the Con-
vention for their colonies, possessions, dependencies, and protectorates,
or for certain ones of them.
OTHER RECENT GENERAL WELFARE CONVENTIONS 370

Art. 17. The fulfillment of the reciprocal obligations contained in the
present Convention is subordinated, in so far as need be, to compliance
with the formalities and regulations established by the constitutional laws
of those of the contracting countries which are bound to secure the applica-
tion of the same which they engage to do with the least possible delay.

Art. 17%. The Convention shall remain in force an indefinite time,
until the expiration of one year from the day when the renunciation shall
be made.

This renunciation shall be addressed to the Government of the Swiss
Confederation. It shgll affect only the country giving such notice, the
Convention remaining operative as to the other contracting countries.

Art. 18 The present Act shall be ratified, and the ratifications filed in
Washington, at the latest, April 1, 1913. It shall be put into execution
among the countries which shall have ratified it, one month after the
expiration of this period of time.

This Act, with its final Protocol, shall replace, in the relations of
the countries which shall have ratified it: the Convention of Paris, March
20, 1883; the Final Protocol annexed to that act; The Protocol of Madrid,
April 15, 1891 relating to the dotation of the international Bureau, and the
additional act of Brussels, December 14, 1900. However the Acts cited
shall remain binding on the countries which shall not have ratified the
present Act.

Art. 19. The present Act shall be signed in a single copy, which shall
be filed in the archives of the Government of the United States. A
certified copy shall be sent by the latter to each of the unionist Govern-
ments.

In Witness Whereof, the respective plenipotentiaries have signed the
present Act.

Done at Washington, in a single copy, this second day of June, 1911.

(Signatures) 12

Finat Protocou

At the time of proceeding to the signing of the Act concluded on this
day, the undersigned Plenipotentiaries are agreed upon the following:

Ad Article 1. The words “Propriete industrielle’ (Industrial Property)
shall be taken in their broadest acceptation; they extend to all production
in the domain of agricultural industries (wines, grains, fruits, animals,
etc.), and extractives (minerals, mineral waters, etc.).

Ad Art. 2. (a) Under the name of patents are comprised the different
kinds of industrial patents admitted by the laws of the contracting coun-
tries, such as patents of importation, patents of improvement, etc., for the
processes as well as for the products.

(b) It is understood that the provision in Article 2 which dispenses
the members of the Union from obligation of domicile and of establish-

12 Senate Documents, 3rd Session 62nd Congress, 10-367.
380 INTERNATIONAL RELATIONS

ment has an interpretable character and must, consequently, be applied to
all the rights granted by the Convention of March 20, 1883, before the
entrance into force of the present Act.

(e) It is understood that the provisions of Article 2 do not infringe
the laws of each of the contracting countries, in regard to the procedure
followed before their courts and the competency of those courts, as well
as the election of domicile or the declaration of the selection of an
attorney required by the laws on patents, working models, marks, etc.

Ad Art. 4. It is understood that, when an industrial model or design
shall have been filed in a country by virtue of thegright of priority based
on the filing of a working model, the term of priority shall be only that
which Article 4 has fixed fer industrial models and designs.

Ad Art. 6. It is understood that the provisions of the first paragraph
of Article 6 do not exclude the right to require of the depositor a cer-
tificate of regular registration in the country of origin, issued by com-
petent authority. .

It is understood that the use of badges, insigna or public decorations
which shall not have been authorized by competent powers, or the use
of official signs and stamps of control and of guaranty adopted by a
unionist country, may be considered as contrary to public order in the
sense of No. 3 of Article 6.

However, marks, which contain, with the authorization of competent
powers, the reproduction of badges, decorations or public insignia, shall
not be considered as contrary to public order.

It is understood that a mark shall not be considered as contrary to
public order for the sole reason that it is not in conformity with some
provisions of laws on marks, except in the case where such provision
itself concerns public order.

The present Final Protocol, which shall be ratified at the same time
as the Act concluded on this day, shall be considered as forming an
integral part of this Act, and shall be of like force, value and duration.

In Witness Whereof; the respective plenipotentiaries have signed the
present Protocol.

Done at Washington, in a single copy, June 2, r91T.

(Signatures) 13

The foregoing convention illustrates how rapidly interna-
tional legislation is being assimilated to that of state legis-
latures. The subject of the convention has been considered
and amended by successive conferences beginning with that of
1883. Prior to that time the subjects of patents, models and
trademarks had been dealt with in separate treaties between
two nations of which great numbers had been made. The

18 Senate Decuments, 3d Session 62nd Congress, 10, 367.
OTHER RECENT GENERAL WELFARE CONVENTIONS 381

advantages of general legislation on the subject are obvious.
The foregoing convention renders the treaty obligations of Ger-
many, Austria-Hungary,.Belgium, Brazil, Cuba, Denmark, the
Dominican Republic, Spain, United States, France, Great
Britain, Italy, Japan, Mexico, Norway, the Netherlands,
Portugal, Servia, Sweden and Switzerland to each other in re-
spect to the matters covered by the convention uniform and
continuing until a party sees fit to withdraw. This any nation
may do without impairing the obligations of the other parties.
Any other nation desiring to become a party may do so simply
by giving notice of its adherence. Article 14 provides for
periodical revisions of the convention with a view to its im-
provement. Much may be said in favor of this method of
making international law. The plenipotentiaries who meet,
agree on, and sign the convention do not absolutely bind any
nation. The darft is tentative until ratified by the govern-
ments they represent. It must undergo the criticism of the
proper departments of each government and has no force but
the intrinsic merits of its provisions. Acceptance of it is vol-
untary and may be withdrawn at pleasure by giving the pre-
scribed notice. In the consultations of the delegates who
formulate the convention there is opportunity for the utmost
freedom in the exchange of views, but a manifest necessity for
considerate treatment of every proposition advanced by any
delegate. The body may determine differences of opinion
by a majority of votes, but the final result must be like the
verdict of an English jury, unanimous, for no plenipotentiary
can be forced to agree to anything. A most important ad-
vantage in the method of formulating treaties by a separate
body considering one subject only is that the plenipotentiaries
can be chosen from men especially versed in the subject under
consideration. The Congress of the United States and the
state legislatures deal with a great variety of subjects all at
the same time. Even the committees to whom the various
bills are referred often have a mass of matters for considera-
tion on subjects as to which they have no special knowledge or
qualifications to judge. The legislative body as a whole passes
on measures in great numbers as to which a large part of the
382 INTERNATIONAL RELATIONS

membership are in no position to form an independent judg-
ment. It is not surprising that we have crude legislation, but
rather that we do not have more of it. A body of experts
representing many leading nations meeting and conferring for
the single purpose of formulating a law covering a definite
limited field would seem to be very nearly an ideal law-making
body.

The foregoing convention is somewhat peculiar in that it
deals with the rights of the citizens of each country in every
other country in dealing with the citizens of that country.
Its purpose is to extend a uniform law for the protection of the
inventor in his invention, the manufacturer in his product,
and the merchant in the commodities in which he deals, in all
the countries alike. The advantages of uniform laws of trade
throughout the whole world have long been felt. The mer-
chants, bankers and carriers have been pioneers in this unifica-
tion of the law, and the name law merchant has been given
to those rules of commercial dealings and obligations which
are generally accepted as law throughout the civilized world.
The provisions of this convention extend this uniformity over
the great field of invention to which this age owes so much.
The evils sometimes complained of as the result of granting
monopolies of inventions are short lived when contrasted with
the benefits resulting to the public after the patent expires.

A Sanitary Convention to prevent the spread of the plague
and cholera, containing 184 articles, was signed at Paris on
December 3, 1903, by representatives of the following coun-
tries: Germany, Austria-Hungary, Belgium, Brazil, Spain,
United States, France, Great Britain, Greece, Italy, Luxem-
burg, Montenegro, the Netherlands, Persia, Portugal, Rou-
mania, Russia, Servia, Switzerland and Egypt.

On October 14, 1905, another convention on the same sub-
ject and yellow fever also was concluded at Washington by
delegates of Chile, Costa Rica, Cuba, Dominican Republic,
Ecuador, Guatemala, Mexico, N icaragua, Peru, United States,
and Venezuela.

These conventions were followed by a more full and carefully
prepared treaty signed at Paris on January 17, 1912, by pleni-
OTHER RECENT GENERAL WELFARE CONVENTIONS 383

potentiaries of the following nations: Germany, the United
States, the Argentine Republic, Austria-Hungary, Belgium,
Bolivia, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cuba,
Denmark, Ecuador, Spain, France, Great Britain, Greece,
Guatemala, Haiti, Honduras, Italy, Luxemburg, Mexico, Mon-
tenegro, Norway, Panama, the Netherlands, Persia, Portugal,
Roumania, Russia, Salvador, Servia, Siam, Swden, Switzer-
land, Turkey, Egypt, and Uruguay. A full copy of this con-
vention follows.

INTERNATIONAL SANITARY CONVENTION
Title I—General Provisions

Chapter I. Rules to be observed by the countries signing the Convention
as soon as plague, cholera, or yellow fever appears, in their territory.

Section I—Notification and subsequent communications to
the other countries

Art. 1. Each Government shall immediately notify the other Govern-
ments of the first authentic case of plague, cholera, or yellow fever dis-
covered in its territory.

Likewise the first authentic case of cholera, plague, or yellow fever
occurring outside the districts already stricken shall constitute the object
of an immediate notification to the other Governments.

Art. 2. Every notification as provided in article 1 shall be accompanied
or very promptly followed by particulars regarding:

1. The neighborhood in which the disease has appeared;

2. The date of its appearance, its origin, and its form;

3. The number of established cases and the number of deaths;

4. The extent of the area or areas affected;

5. In the case of plague, the existence of plague or an unusual mortality
among rats;

6. In the case of yellow fever, the existence of Stegomya calopus;

7. The measures immediately taken.

Art. 3. The notification and the information contemplated in articles
I and 2 are to be addressed to the diplomatic or consular agencies in
the capital of the contaminated country.

In the case of countries not represented there, they shall be transmitted
directly by telegraph to the Governments of these countries.

Art. 4. The notification and the information contemplated in articles
1 and 2 shall be followed by subsequent communications sent regularly,
so as to keep the Governments informed as to the progress of the
epidemic.

These communications which shall be sent at least once a week, and
384 INTERNATIONAL RELATIONS

which shall be as complete as possible, shall state more particularly the
precautions taken with a view to preventing the spread of the disease.

They shall specify: (1) The prophylactic measures applied in regard to
sanitary or medical inspection, isolation, and disinfection; (2) The meas-
ures enforced upon the departure of ships in order to prevent the ex-
portation of the disease and especially, in the cases contemplated under
Nos. 5 and 6 of article 2 above, the measures taken respectively against
rats and mosquitoes.

Art. 5. The prompt and faithful execution of the foregoing provisions
is of prime importance.

The notifications are of no real value unless each Government is itself
opportunely informed of cases of plague, cholera, and yellow fever and
of doubtful cases occurring in ‘its territory. It cannot therefore be too
strongly recommended to the various Governments that they make com-
pulsory the announcement of cases of plague, cholera, and yellow fever
and that they keep themselves informed of any unusual mortality among
rats, especially in ports.

Art. 6. It is desirable that neighboring countries make special arrange-
ments with a view to organizing a direct information service among the
competent heads of departments in matters concerning contiguous ter-
ritories or those which have close commercial relations.

Section II.—Conditions which warrant considering a territorial area as
being contaminated or as having become healthy again.

Art. 7. The notification of a single case of plague, cholera, or yellow
fever shall not involve the application, against the territorial area in which
it occurred, of the measures prescribed in Chapter II hereinbelow.

However, when several unimportant cases of plague or yellow fever
have appeared or when the cholera cases become localized, the area may
be considered contaminated.

Art. 8. In order to confine the measures to the stricken regions only,
the Governments shall apply them only to arrivals from contaminated
areas. :

By the word area is meant a portion of territory definitely specified in
the particulars which accompany or follow the notification: for instance,
a province, a government, a district, a department, a canton, an island, a
commune, a city, a quarter of a city, a village, a port, a polder a hamlet,
etc., whatever be the area and population of these portions of territory.

However, this restriction to the contaminated area shall only be accepted
upon the formal condition that the Government of the contaminated coun-
try take the necessary measures: (1) to combat the spread of the epi-
demic and (2), if it is a question of cholera, to prevent, unless previously
disinfected, the exportation of the things mentioned under Nos. 1 and 2
of article 13 and coming from the contaminated area.

When an area is contaminated, no restrictive measures shall be taken
against arrivals from such area if such arrivals have left it at least five
jays before the beginning of the epidemic.
OTHER RECENT GENERAL WELFARE CONVENTIONS 385

Art. 9. In order that an area may be considered as being no longer
contaminated it must be officially stated:

1. That there has neither been a death nor a new case, as regards the
plague or cholera for five days, and as regards the yellow fever for
eighteen days, either since the isolation or since the death or cure of the
last patient;

2. That all measures for disinfection have been applied; besides, if
it is a case of plague, that the measures against rats have been executed,
and, in case of yellow fever, that the precautions against mosquitoes have
been taken.

Section II]—Measures in contaminated ports upon the departure
of vessels.

Art. 10. The competent authority shall be obliged to take effective
measures:

1. To prevent the embarcation of persons showing symptoms of plague,
cholera, or yellow fever;

2. In case of plague or cholera, to prevent the exportation of mer-
chandise or any articles which he may consider contaminated and which
have not been previously disinfected on land, under the supervision of the
physician delegated by the public authority;

3. In case of plague, to prevent the embarcation of rats;

4. Incase of cholera, to see that the drinking water taken on board is
wholesome;

5. In case of yellow fever, to prevent mosquitoes from coming on
board.

Chapter II—Measures of defense against Contaminated Territories
Section I—Publication of the Prescribed Measures

Art. 11. The Government of each country shall be obliged to im-
mediately publish the measures which it believes necessary to prescribe
with regard to arrivals from a contaminated country or territorial area.

It shall at once communicate this publication to the diplomatic or con-
sular officer of the contaminated country residing in its capital, as well
as to the international boards of health.

It shall likewise be obliged to make known, through the same channels,
the revocation of these measures or any modification which may be made
therein.

In default of a diplomatic or consular office in the capital, the com-
munications shall be made directly to the Government of the country con-
cerned.

Section II—Merchandise—Disinfection—Importation and
‘_- Transit—Baggage
Art. 12, No merchandise is capable by itself of transmitting plague,
386 INTERNATIONAL RELATIONS

cholera, or yellow fever. It only becomes dangerous when contaminated
by plague or cholera products.

Art. 13. Disinfection shall be applied only in case of plague or cholera
and only to merchandise and articles which the local health authority
considers contaminated.

However in case of plague or cholera, the merchandise and articles
enumerated below may be subjected to disinfection or even prohibited
entry, independently of any proof that they are or are not contaminated:

1. Body linen, clothing worn (wearing apparel), and bedding which
has been used.

When these articles are being transported as baggage or as a result
of change of residence (household goods), they shall not be prohibited
and are subject to the provisions of article 20.

Packages left by soldiers and sailors and returned to their country after
death are treated the same as the articles comprised in the first paragraph
of No. 1. .

2. Rags (including those for making paper), with the exception, as to
cholera, of compressed rags transported as wholesale merchandise in
hooped bales.

Fresh waste coming directly from spinning mills, weaving mills, manu-
factories, or bleacheries: artificial wools (shoddy), and fresh paper trim-
mings shall not be forbidden.

Art. 14. The transit of the merchandise and articles specified under
Nos. 1 and 2 of the preceding articles shall not be prohibited if they are
so packed that they can be manipulated en route.

Likewise, when the merchandise or articles are transported in such a
manner that it is impossible for them to have been in contact with con-
taminated articles en route, their transit across an infected territorial area
shall not constitute an obstacle to their entry into the country of des-
tination.

Art. 15. The merchandise and articles specified under Nos. 1 and 2 of
article 13 shall not be subject to application of the measures prohibiting
entry if it is proven to the authorities of the country that they were shipped
at least five days before the beginning of the epidemic.

Art. 16. The mode and place of disinfection, as well as the methods to
be employed for the destruction of rats, insects, and mosquitos, shall be
determined by the authorities of the country of destination. These
operations shall be performed in such a manner as to cause the least
possible injury to the articles. Clothing, old rags, infected materials
for dressing wounds, papers, and other articles of little value may be
destroyed by fire.

It shall devolve upon each Nation to determine the question as to the
possible payment of damages as a result of the disinfection and destruc-
tion of the articles mentioned above and of the destruction of rats, in-
sects, and mosquitos.
OTHER RECENT GENERAL WELFARE CONVENTIONS 387

If, on the occasion of the taking of measures for the destruction of
rats, insects, and mosquitos on board vessels, the health authorities should
levy a tax either directly or through a society or private individual, the
rate of such tax must be fixed by a tariff published in advance and so
calculated that no profit shall be derived by the Nation or the Health
Department from its application as a whole.

Art. 17. Letters, and correspondence, printed matter, books, news-
papers, business papers, etc., (postal parcels not included) shall not be sub-
jected to any restriction or disinfection.

In case of yellow fever, postal parcels shall not be subjected to any
restriction or disinfection.

Art. 18. Merchandise, arriving by land or sea, shall not be detained at
frontiers or in ports.

The only measures which it is permissible to prescribe in regard to
them are specified in articles 13 and 16 above.

However, if merchandise arriving by sea in bulk or in defective bails
has been contaminated during the passage by rats known to be stricken
with plague, and if it cannot be disinfected, the destruction of the germs
may be insured by storing it in a warehouse for a maximum period of two
weeks.

It is understood that the application of this last measure shall not entail
any delay upon the vessel or any extra expense as a result of the lack of
warehouses in the ports.

Art. 19. When merchandise has been disinfected by applying the pro-
visions of article 13, or temporarily warehoused in accordance with the
third paragraph of article 18, the owner or his representative shall be
entitled to demand from the health authority who has ordered the dis-
infection or storage, a certificate setting forth the measures taken.

Art. 20. Soiled linen, clothing, and articles constituting part of bag-
gage or furniture (household goods) coming from a contaminated ter-
ritorial area shall only be disinfected in cases of plague or cholera and
only when the health authorities consider ‘them contaminated.

Section II1I—Measures in Ports and at Maritime Frontiers
A. Classification of Vessels

Art. 21. A vessel is considered as infected which has plague, cholera,
or yellow fever on board, or which has presented one or more cases of
plague, cholera, or yellow fever within seven days.

A vessel is considered as suspicious on board of which there were
cases of plague, cholera, or yellow fever at the time of departure or have
been during the voyage, but on which there have been no new cases
within seven days.

A vessel is considered as uninfected which, although coming from an
infected port, has had neither death nor any case of plague, cholera, or
388 INTERNATIONAL RELATIONS

yellow fever on board either before departure, during the voyage, or at the
time of arrival.

B. Measures concerning Plague

Art. 22. Ships infected with plague shall be subjected to the following
measures :

1. Medical inspection.

2. The patients shall be immediately landed and isolated.

3. All persons who have been in contact with the patients and those
whom the health authority of the port has reason to consider suspicious
shall be landed if possible. They may be subjected either to observation,
or to surveillance, or to observation followed by surveillance, and the total
duration of these measures shall not exceed five days from the date of
arrival.

It is within the discretion of the health authority of the port to apply
whichever of these measures appears preferable to him according to the
date of the last case, the condition of the vessel, and the local possibilities.

4. The soiled linen, wearing apparel, and other. articles of the crew
and passengers which are considered by the health authority as being con-
taminated shall be disinfected.

5. The parts of the vessel which have been occupied by persons stricken
with plague or which are considered by the health authority as being con-
taminated shall be disinfected.

6. The destruction of the rats on the vessel shall take place before
or after the discharge of the cargo, avoiding injury to the cargo, the
platings, and the engines as far as possible. The operation shall be per-
formed as soon and as quickly as possible, and shall not in any event
last over forty-eight hours.

In the case of vessels in ballast, this operation shall be performed as
soon as possible before taking on cargo.

Art. 23. Vessels suspected of plague shall be subjected to the measures
indicated under Nos. 1, 4, 5, and 6 of article 22.

Moreover, the crew and passengers may be subjected to a surveillance
not to exceed five days from the arrival of the vessel. The landing of
the crew may be forbidden during the same period except in connection
with the service.

Art. 24. Vessels uninfected with plague shall be granted partique im-
mediately, whatever be the nature of their bill of health.

The only measures which the authority of the port of arrival may pre-
scribe with regard to them shall be the following:

1. Medical inspection.

2. Disinfection of the soiled linen, wearing apparel, and other articles
of the crew and passengers, but only in exceptional cases when the
health authority has special reason to believe that they are contaminated.

4. Although the measure should not be laid down as a general rule, the
OTHER RECENT GENERAL WELFARE CONVENTIONS 389

health authority may subject vessels coming from a contaminated port
to an operation designed to destroy the rats on board, either before or
after the discharge of the cargo. This operation should take place as
soon and as quickly as possible and should not in any event last more
than twenty-four hours, avoiding hindance to the movements of the pas-
sengers and crew between the vessel and the shore and, as-far as possible,
injury to the cargo, plating, and engines.

The crew and the passengers may be subjected to a surveillance not
to exceed five days from the date on which the vessel left the contaminated
port. The landing of the crew may also be forbidden during the same
time except in connection with the service.

The competent authority of the port of arrival may always demand an
affidavit from the ship’s physician, or in default of such physician from
the captain, to the effect that there has not been a case of plague on the
vessel since its departure and that no unusual mortality among the :ats
has been observed.

Art. 25. When rats have been recognized as plague-stricken on board
an uninfected vessel as a result of a bacteriological examination, or when
an unusual mortality has been discovered among these rodents, the follow-
ing measures shall be applied:

I. Vessels with plague-stricken rats:

a) Medical inspection.

b) The rats shall be destroyed either before or after the discharge of
the cargo, avoiding injury, as far as possible, to the cargo, plating, and
engines. On vessels in ballast this operation shall be performed as soon
and as quickly as possible and at all events before taking on cargo.

c) The parts of the vessel and the articles which the health authority
considers to be contaminated shall be disinfected.

d) The passengers and crew may be subjected to a surveillance whose
duration shall not exceed five days from the date of arrival.

II. Vessels on which an unusual mortality among rats is discovered:

a) Medical inspection.

b) An examination of the rats with regard to the plague shall be made
as far and as quickly as possible.

c) If the destruction of the rats is deemed necessary, it shall take place
under the conditions indicated above for vessels with plague-stricken rats.

d) Until all suspicion is removed, the passengers and crew may be
subjected to a surveillance whose duration shall not exceed five days from
the date of arrival.

Art. 26. It is recommended that vessels be periodically rid of their
rats, the operation to take place at least once every six months. The
health officer of the port in which the rat ridding operation is performed
shall deliver to the captain, owner, or agent, wherever request is made
therefor, a certificate showing the date of the operation, the port where
it was performed, and the method employed.
390 INTERNATIONAL RELATIONS

It is recommended that the health authorities of ports at which vessels
stop which practice periodical rat ridding keep account of the aforemen-
tioned certificate in determining the measures to be taken, especially as
regards the provisions of No. 3 of the 2d paragraphs of article 24.

C. Measures concerning Cholera

Art. 27. Vessels infected with cholera shall be subjected to the follow-
ing measures:

1. Medical inspection.

2. The patients shall be immediately landed and isolated.

3. The other persons shall likewise be landed and subjected, from the
date of arrival of the vessel, to an observation or surveillance whose
duration shall vary according to the sanitary condition of the vessel and
the date of the last case, without, however, exceeding five days; provided
this period is not exceeded, the medical authority may proceed to make
a bacteriological examination as far as necessary.

4. The soiled linen, wearing apparel, and other articles of the crew
and passengers which are considered by the health authority of the port
as being contaminated shall be disinfected.

5. The parts of the vessel which have been occupied by cholera patients
or which are considered by the health authority as being contaminated shall
be disinfected.

6. When the drinking water stored on board is considered suspicious,
it shall be turned off, after being disinfected; and replaced if necessary
by water of good quality.

The health authority may prohibit turning water ballast off in ports
if it has been taken on in a contaminated port, unless it has been previously
disinfected.

It may be forbidden to let run or throw human dejections or the re-
siduary waters of the vessel into the waters of the port, unless they are
disinfected. 4

Art. 28. Vessels suspected of cholera shall be subjected to the measures
prescribed under Nos. 1, 4, 5, and 6 of article 27.

The crew and passengers may be subjected to a surveillance not to
exceed five days from the arrival of the vessel. It is recommended that
the landing of the crew be prevented during the same period except for
purposes connected with the service.

Art. 29. Vessels uninfected with cholera shall be granted partique im-
mediately, whatever be the nature of their bill of health.

The only measures to which they may be subjected by the health
authority of the port of arrival shall be those provided under Nos. 1, 4, and
6 of article 27.

The health authority may forbid letting water ballast off in ports if it
has been taken on in a contaminated port, unless it has been previously
disinfected.
OTHER RECENT GENERAL WELFARE CONVENTIONS 391

With regard to the state of their health, the crew and passengers may be
subjected to surveillance not exceeding five days from the date on which
the vessel left the contaminated port.

It is recommended that the landing of the crew be forbidden during
the same period except for purposes connected with the service.

The competent authority of the port of arrival may always demand
an affidavit from the ship’s physician or, in the absence of such, from
the captain, to the effect that there has not been a case of cholera on board
since the vessel sailed.

D. Measures concerning the Yellow Fever

Art. 30. Vessels infected with yellow fever shall be subjected to the
following measures:

1. Medical inspection.

2. The patients shall be landed under such conditions that they will be
protected from mosquito bites, and duly isolated.

3. The other persons may likewise be landed and subjected, from the
date of arrival, to an observation or surveillance not exceeding six days.

4. Vessels shall anchor, as far as possible, at a distance of 200 meters
from the shore.

5. If possible, the mosquitos on board shall be exterminated before the
cargo is discharged. If this is impossible, all necessary measures shall be
taken in order that the persons employed in discharging the cargo may
not be infected. These persons shall be subjected to a surveillance not to
exceed six days from the time they cease to work on board. :

Art. 31. Vessels suspected of yellow fever shall be subjected to the
measures indicated under Nos. 1, 4 and 5 of the preceding article.

Moreover, the crew and passengers may be subjected to a surveillance
not to exceed six days from the date of arrival of the vessel.

Art. 32. Vessels uninfected with yellow fever shall be granted partique
immediately after medical inspection, whatever be the nature of their
bill of health.

Art. 33. The measures contemplated in articles 30 and 31 do not con-
cern the countries in which stegomya exists. In other countries they shall
be applied to the extent deemed necessary by the medical authorities.

E. Provisions common to all three Diseases

Art. 34. In applying the measures set forth in articles 22 to 33, the
competent authority shall take into account the presence of a physician
and of disinfecting apparatuses (chambers) on board the vessels of the
three categories mentioned above.

In regard to the plague, he shall likewise take into account the in-
stallation on board of apparatus for the destruction of rats.

The health authorities of nations which may deem it suitable to reach
an understanding on this point may excuse from the medical inspection
392 INTERNATIONAL RELATIONS

and other measures those uninfected vessels which have on board a phy-
sician specially commissioned by their country.

Art. 35. Special measures, especially (as regards cholera) a bacterio-
logical examination, may be prescribed in regard to any vessel in a bad
hygienic condition or crowded.

Art. 36. Any vessel not desiring to submit to the obligations imposed
by the port authority in pursuance of the stipulations of the present con-
vention shall be free to put to sea again.

It may be permitted to land its cargo after the necessary precautions have
been taken, viz:

1. Isolation of the vessel, crew, and passengers.

2. In regard to plague, inquiry as to the existence of an unusual
mortality among the rats.

3. In regard to cholera, the substitution of good water in the place
of the drinking water stored on board, when the latter is considered
suspicious.

It may also be permitted to land passengers who so request, upon con-
dition that they submit to the measures prescribed by the local authority.

Art. 37. Vessels hailing from a contaminated port and which have been
subjected to sanitary measures applied in an efficient manner in a port
belonging to one of the contracting countries shall not undergo the same
measures a second time upon their arrival in a new port, whether or not
the latter belong to the same country, provided no incident has occurred
which would involve the application of the sanitary measure contemplated
hereinbefore, and provided they have not touched at a contaminated port.

A vessel shall not be considered as having stopped at a port when, with-
out having been in communication with the shore, it lands only passengers
and their baggage and the mail, or takes on only the mail, or passengers
with or without baggage who have not communicated with the port or
with a contaminated area. In case of yellow fever, the vessel must besides
have kept away from shore as much as possible, and at a distance of
200 meters in order to prevent the invasion of mosquitos.

Art. 38. A port authority who applies sanitary measures shall deliver
to the captain, owner, or agent, whenever requested, a certificate specify-
ing the nature of the measures and the reasons for which they have been
applied,

Art. 39. Passengers arriving on an infested vessel shall have a right
to demand a certificate of the health authority of the port showing the
date of their arrival and the measures to which they and their baggage
have been subjected.

Art. 40. Coasting vessels shall be subjected to special measures to be
established by mutual agreement among the countries concerned.

Art. 41. The Governments of Riparian Nations on the same sea may
conclude special agreements among themselves, taking into account their
special situations and in order to render more effective and less annoying
the application of the sanitary measures provided by the Convention.
OTHER RECENT GENERAL WELFARE CONVENTIONS 3093

Art, 42. It is desirable that the number of ports provided with a suf-
ficient organization and equipment to receive a vessel, whatever be her
sanitary condition, should, in the case of each Nation, be in proportion to
the importance of traffic and navigation. However, and without pre-
judice to the rights of the Governments to agree on organizing common
sanitary stations, each country should provide at least one of the ports on
the coast line of each of its seas with such an organization and equip-
ment.

Moreover, it is recommended that all great ports of maritime naviga-
tion be equipped in such a way that at least uninfected vessels may un-
dergo the prescribed sanitary measures therein as soon as they arrive and
not be sent to another port for this purpose.

The Governments shall make known the ports which are open in their
country to arrivals from ports contaminated with plague, cholera, and
yellow fever, and particularly those which are open to infected or suspi-
cious vessels.

Art. 43. It is recommended that there be established in large maritime
ports:

a) A regular medical service of the port, and a permanent medical
surveillance of the sanitary conditions of the crews and the inhabitants
of the port.

b) Means for the transportation of patients and places set apart for
their isolation and for the observation of suspected persons.

c) The necessary plants for efficient disinfection, and bacteriological
laboratories.

d) <A supply of drinking water beyond suspicion for the use of the
port, and a system affording all possible security for carrying off refuse
and sewage.

Art. 44. It is also recommended that the Contracting Nations take into
account, in the treatment to be accorded the arrivals from a country, the
measures taken by the latter for combatting infectious diseases and for
preventing their exportation.

Section IV—Measures on Land Frontiers—Travelers—Railroads—
Frontier Zones—River Routes

Art. 45. No land quarantine shall be established.

Only persons showing symptoms of plague, cholera, or yellow fever
shall be detained at frontiers.

This rule shall not bar the right of each Nation to close a part of its
frontier in case of necessity.

Art. 46. It is important that travellers be subjected to surveillance on
the part of railroad employees with a view to determining the state of
their health. ‘

Art. 47. Medical interference shall be limited to an examination of
the passengers and the care to be given to the sick. If such an examina-
304 INTERNATIONAL RELATIONS

tion is made, it should be combined as far as possible with the custom
house inspection to the end that travellers may be detained as short a
time as possible. Only persons who are obviously ill shall be subjected to
a thorough medical examination.

Art. 48. As soon as travellers coming from an infected locality shall
have arrived at their destination, it would be of the greatest utility to
subject them to surveillance which ought not to exceed, counting from
the day of departure, five days in case of plague or cholera and six days
in case of yellow fever.

Art. 49. The Governments reserve the right to take special measures
in regard to certain categories of persons, notably gypsies, vagabouds,
emigrants, and persons traveling and crossing the frontier in troops.

Art. 50. Cars used for the conveyance of passengers, mail, and baggage
shall not be detained at frontiers.

If it should happen that one of these cars is contaminated or has been
occupied by a plague or cholera patient, it shall be detached from the
train and disinfected as soon as possible.

The same rule shall apply to freight cars.

Art. 51. The measures concerning the crossing of frontiers by rail-
road and postal employees shall be determined by the companies or de-
partments concerned and shall be so arranged as not to hinder the
service.

Art. 52. The regulation of frontier traffic and questions pertaining
thereto, as well as the adoption of exceptional measures of surveillance,
shall be left to special arrangements between the contiguous nations.

Art. 53. It shall be the province of the Governments of the riparian
nations to regulate the sanitary conditions of river routes by means of
special arrangements.

Title II—Special provisions applicable to Oriental and Far
Eastern Countries

Section I—Measures in Ports Contaminated upon the Departure
of Vessels

Art. 54. Every person, including the members of the crew, who take
passage on board a vessel shall, at the time of embarcation, be examined
individually in the day time on shore, for the necessary length of time,
by a physician delegated by the public authority. The consular authority
of the nation to which the vessel belongs may be present at this examina-
tion.

As an exception to this stipulation, the medical examination may take
place on shipboard at Alexandria and Port Said, when the local health
authority deems it expedient, provided that the third-class passengers shall
not be permitted to leave the vessel. This medical examination may be
made at night in the case of first and second class passengers but not of
third-class passengers,
OTHER RECENT GENERAL WELFARE CONVENTIONS 395

Section II—Measures with respect to ordinary Vessels hailing from Con-
taminated Northern Ports and appearing at the entrance of the
Suez Canal or in Egyptian Ports

Art. 55. Ordinary uninfected vessels hailing from a plague or cholera
infected port of Europe or the basin of the Mediterranean and presenting
themselves for passage through the Suez Canal shall be allowed to pass
through in quarantine. They shall continue their routes under observa-
tion of five days.

Art. 56. Ordinary uninfected vessels wishing to make a landing in
Egypt may stop at Alexandria or Port Said, where the passengers shall
complete the observation period of five days either on shipboard or in
a sanitary station, according to the decision of the local health authority.

Art. 57. The measures to which infected or suspected vessels shall
be subjected which hail from a plague or cholera infected port of Europe .
or the shores of the Mediterranean, and which desire to effect a land-
ing in one of the Egyptian ports or to pass through the Suez Canal, shall
be determined by the board of health of Egypt in conformity with the
stipulations of the present convention.

The regulations containing these measures shall, in order to become
effective, be accepted by the various powers represented on the Board;
they shall determine the measures to which vessels, passengers, and mer-
chandise are to be subjected and shall be presented within the shortest
possible period.

Section II1I—Measures in the Red Sea

A. Measures with respect to Ordinary Vessels hailing from the South
and appearing in ports of the Red Sea or bound toward the
Mediterranean

Art. 58. Independently of the general provisions contained in Section
III. Chapter 2, Title I. concerning the classification of and the measures
applicable to infected, suspected, or uninfected vessels, the special pro-
visions contained in the ensuing articles are applicable to ordinary vessels
coming from the south and entering the Red Sea.

Art. 59. Uninfected vessels must have completed or shall be required
to complete an observation period of five full days from the time of
their departure from the last infected port.

They shall be allowed to pass through the Suez Canal in quarantine
and shall enter the Mediterranean continuing the aforesaid observation
period of five days. Ships having a physician and a disinfecting chamber
on board shall not undergo disinfection until the passage through the
quarantine begins.

Art. 60. Suspected vessels shall be treated differently according to
whether they have a physician and a disinfecting apparatus (chamber) on
board or not.
306 INTERNATIONAL RELATIONS

a) Vessels having a physician and a disinfecting apparatus (chamber)
on board and filling the necessary conditions shall be permitted to pass
through the Suez Canal in quarantine under conditions prescribed by
the regulations for the passage through.

b) Other suspected vessels having neither physician nor disinfecting
apparatus (chamber) on board shall, before being permitted to pass
through in quarantine, be detained at Suez or Moses Spring a sufficient
length of time to carry out the disinfecting measures prescribed and to
ascertain the sanitary condition of the vessel.

In the case of mail vessels and of packets specially utilized for the
transportation of passengers and having no disinfecting apparatus
(chamber) but having a physician on board, if the last case of plague or
cholera dates back longer than seven days and if the sanitary condition of
the vessel is satisfactory, partique may be granted at Suez when the
operations prescribed by the regulations are completed.

When a vessel has had a run of less than seven days without infection
the passengers bound for Egypt shall be landed at an establishment
designated by the Board of Health of Alexandria and isolated a sufficient
length of time to complete the observation period of five days. Their
soiled linen and wearing apparel shall be disinfected. They shall then
receive partique. i

Vessels having had a run of less than seven days without infection
and desiring to obtain partique in Egypt shall be detained in an establish-
ment designated by the Board of Health of Alexandria for a sufficient
length of time to complete the observation period of five days. They
shall undergo the measures prescribed for infected vessels.

When the plague or cholera has appeared exclusively among the crew,
only the soiled linen of the latter shall be disinfected, but it shall all be
disinfected, including that in the living quarters of the crew.

Art. 61. Infected vessels are divided into vessels with a physician
and a disinfecting apparatus (chamber) on board, and vessels without a
physician and a disinfecting apparatus (chamber).

a) Vessels without a physician and a disinfecting apparatus (chamber)
shall be stopped at Moses Springs; persons showing symptoms of plague
or cholera shall be landed and isolated in a hospital. The disinfection
shall be carried out in a thorough manner. The other passengers shall
be landed and isolated in groups composed of as few persons as possible,
so that the whole number may not be infected by a particular group if the
plague or cholera should develop. The soiled linen, wearing apparel, and
clothing of the crew and passengers, as well as the vessel shall be dis-
infected. 5

It is to be distinctly understood that there shall be no discharge of
cargo but simply a disinfection of the part of the vessel which has been
infected.

The passengers shall remain for five days in the establishment designated
OTHER RECENT GENERAL WELFARE CONVENTIONS 397

by the Sanitary, Marine and Quarantine Board of Egypt. When the
cases of plague or cholera date back several days, the length of the
isolation shall be diminished. This length shall vary according to the
date of the cure, death, or isolation of the last patient. Thus, when the
last case of plague or cholera has terminated six days before by a cure or
death, or when the last patient has been isolated for six days, the observa-
tion period shall last one day; if only five days have elapsed, the observa-
tion period shall be two days; if only four days have elapsed, the observa-
tion period shall be three days; if only three days have elapsed, the ob-
servation period shall be four days; and if only two days or one day has
elapsed, the observation period shall be five days.

b) Vessels with a physician and a disinfecting apparatus (chamber)
on board shall be stopped at Moses Springs. The ship’s physician must
declare, under oath, what persons on board show symptoms of plague or
cholera. These patients shall be landed and isolated.

After the landing of these patients, the soiled linen of the rest of the
passengers which the health authorities may consider dangerous, as well
as that of the crew, shall undergo disinfection on board.

When plague or cholera shall have appeared exclusively among the
crew, the disinfection of the linen shall be limited to the soiled linen of
the crew and the linen of the living apartments of the crew.

The ship’s physician shall indicate also, under oath, the part or com-
partment of the vessel and the section of the hospital in which the patient
or patients have been transported. He shall also declare, under oath, what
persons have been in contact with the plague or cholera patient since the
first manifestation of the disease, either directly or through contact with
objects which might be contaminated. Such persons alone shall be con-
sidered as suspects.

The part or compartment of the vessel and the section of the hospital
in which the patient or patients have been transported shall be thoroughly
disinfected. By “part of the ship” shall be meant the cabin of the patient,
the neighboring cabins, the corridor on which these cabins are located,
the deck, and the parts of the deck where the patients have been.

If it is impossible to disinfect the part or compartment of the vessel
which has been occupied by the persons stricken with plague or cholera
without landing the persons declared suspects, these persons shall be
either placed in another vessel specially designed for this purpose or
landed and lodged in the sanitary establishment without coming in con-
tact with the patients, who shall be placed in the hospital.

The duration of this stay on’the vessel or on shore shall be as short
as possible and shall not exceed twenty-four hours.

The suspects shall undergo, either on their vessel or on the vessel
designated for this purpose, an observation period whose duration shall
vary according to the cases and under the conditions provided in the third
paragraph of subdivision a).
308 INTERNATIONAL RELATIONS

The time taken up by the perscribed operations shall be comprised in
the duration of the observation period.

The passage through in quarantine may be allowed before the expiration
of the periods indicated above if the health authority deems it possible.
It shall at all events be granted when the disinfection has been com-
pleted, if the vessel leaves behind not only its patients but also the persons
indicated above as “suspects.”

A disinfecting chamber placed on a lighter may come alongside the
vessel in order to expedite the disinfecting operations.

Infected vessels requiring partique in Egypt shall be detained at Moses
Springs five days; they shall, moreover, undergo the same measures as
those adopted for infected vessels arriving in Europe.

B. Measures with respect to Ordinary Vessels hailing from the
Infected Ports of Hedjaz during the Pilgrimage Season

Art. 62. If the plague or cholera prevail in Hedjaz during the time of
the Mecca pilgrimage, vessels coming from the Hedjaz or from any other
part of the Arabian coast of the Red Sea without having embarked there
any pilgrims or similar masses of persons, and which have not had any
suspicious occurrence on board during the voyage, shall be placed in the
category of ordinary suspected vessels. They shall be subjected to the
preventive measures and to the treatment imposed on such vessels.

If they are bound for Egypt they shall undergo, in a sanitary establish-
ment designated by the Sanitary, Marine, and Quarantine Board, an ob-
servation of five days from the date of departure for cholera as well as
for plague. They shall be subjected, moreover, to all the measures pre-
scribed for suspected vessels (disinfection, etc.), and shall not be granted
partique until they have passed a favorable medical examination.

It shall be understood that if the vessels have had suspicious occur-
rences during the voyage they shall pass the observation period at Moses
Springs, which shall last five days whether it be a question of plague or
cholera.

Section IV—Organization of Surveillance and Disinfection at
Suez and Moses Springs

Art. 63. The medical inspection prescribed by the regulations shall
be made on each vessel arriving at Suez by one or more of the physicians
of the station, being made in the daytime on vessels hailing from the
port infected with plague or cholera. It may, however, be made at night
on vessels which come to pass through the canal, provided they are lit
by electricity and wherever the local health authority is satisfied that the
lighting facilities are adequate.

Art. 64. The physicians of the Suez station shall be at least seven
in number—one chief physician and six others. They must possess a
OTHER RECENT GENERAL WELFARE CONVENTIONS 399

regular diploma and shall be chosen preferably among physicians who
have made special practical studies in epidemiology and_ bacteriology.
They shall be appointed by the Minister of the Interior upon the recom-
mendation of the Sanitary, Marine, and Quarantine Board of Egypt.
They shall receive a salary to begin at 8,000 francs and which may pro-
gressively rise to 12,000 francs for the six physicians, and vary from
12,000 to 15,000 francs for the chief physician.

If the medical service should still prove inadequate, recourse may be
had to the surgeons of the navies of the several nations, who shall be
placed under the authority of the chief physician of the sanitary station.

Art. 65. A corps of sanitary guards shall be intrusted with the sur-
veillance and execution of the prophylatic measures applied in the Suez
Canal, at the establishment at Moses Springs and at Tor.

Art. 66. This corps shall comprise ten guards.

It shall be recruited from among former noncommissioned officers of
the European: and Egyptian armies and navies.

After their competence has been ascertained by the Board, the guards
shall be appointed in the manner provided by article 14 of the Khedival
decree of June 19, 1803.

Art. 67. The guards shall be divided into two classes, the first com-
prising four and the second six guards.

Art. 68. The annual compensation allowed the guards shall be:

For the first class, from L 160 Eg. to L 200 Eg.

For the second class, from L 120 to L 168 Eg.

With a progressive increase until the maximum is reached.

Art. 69. The guards shall be invested with the character of officers
of the public peace, with the right to call for assistance in case of
infractions of the sanitary regulations.

They shall be placed under the immediate orders of the Director of
the Suez or the Tor Bureau.

Section V—Passage through the Suez Canal in Quarantine

Art, 70. The health authority of Suez shall grant the passage through
in quarantine, and the Board shall be immediately informed thereof.

Doubtful cases shall be decided by the Board.

Art. 71. As soon as the permit provided for in the preceding article
is granted, a telegram shall be sent to the authority designated by each
power, the dispatch of the telegram being at the expense of the vessel.

Art. 72. Each power shall establish penalties against vessels which
abandon the route indicated by the captain and unduly approach one of
the ports within its territory, cases of vis major and enforced sojourn
being excepted.

Art. 73. Upon a vessel’s being spoken, the captain shall be obliged to
declare whether he has on board any gangs of native stokers or of wage-
earning employees of any description who are not inscribed on the crew
list or the register kept for this purpose.
400 INTERNATIONAL RELATIONS

The following questions in particular shall be asked the captains of
all vessels arriving at Suez from the south, and shall be answered under
oath:

“Have you any helpers (stokers or other workmen) not inscribed on
your crew list or on the special register? What is their nationality? Where
did you embark them?”

The sanitary physicians should ascertain the presence of these helpers
and if they discover that any of them are missing they should carefully
seek the cause of their absence.

Art. 74. A health officer and two sanitary guards shall board the vessel
and accompany her to Port Said. Their duty shall be to prevent com-
munications and see to the execution of the prescribed measures during the
passage through the canal.

Art. 75. All embarkations, landings, and transhipments of passengers
or cargo are forbidden during the passage through the Suez canal to
Port Said.

However, passengers may embark at Port Said in quarantine.

Art. 76. Vessels passing through in quarantine shall make the trip from
Suez to Port Said without putting into dock.

In case of stranding or being compelled to put into dock, the necessary
operations shall be performed by the personnel on board, all communica-
tions with the employees of the Suez Canal Company being avoided.

Art. 77. When troops are conveyed through the canal on suspicious or
infected vessels passing through in quarantine, the trip shall be made in
the daytime only. If it is necessary to stop at night in the canal, the
vessels shall anchor in Lake Timsah or the Great Lake.

Art. 78. Vessels passing through in quarantine are forbidden to stop
in the harbor of Port Said except in the cases contemplated in articles
75 (paragraph 2) and 76.

The supply and preparation of food on board vessels shall be effected
with the means at hand on the vessels.

Stevedores or any other persons who may have gone on board shall
be isolated on the quarantine lighter. Their clothing shall there undergo
disinfection as per regulations.

Art. 79. When it is absolutely necessary’ for vessels passing through
in quarantine to take on coal at Port Said, they shall perform this operation
in a locality affording the necessary facilities for isolation and sanitary
surveillance, to be selected by the Board of Health. When it is possible
to maintain a strict supervision on board the vessel and to prevent all con-
tact with the persons on board, the coaling of the vessel by the workmen of
the port may be permitted. At night the place where the coaling is done
should be illuminated by electric lights.

Art. 80. The pilots, electricians, agents of the Company, and sanitary
guards shall be put off at Port Said outside of the port between the
jetties and thence conducted directly to the quarantine lighter, where their
clothing shall undergo disinfection when deemed necessary.
OTHER RECENT GENERAL WELFARE CONVENTIONS 401

Art. 81, The war vessels hereinafter specified shall enjoy the benefits
of the following provisions when passing through the Suez Canal:

They shall be recognized by the quarantine authority as uninfected
upon the production of a certificate issued by the physician on board,
countersigned by the commanding officer, and affirmed under oath:

a) That there has not been any case of plague or cholera on board
either at the time of departure or during the passage.

b) That a careful examination of all persons on board, without any
exception, has been made less than twelve hours before the arrival in the
Egyptian port, and that it revealed no case of these diseases.

These vessels shall be exempted from the medical examinations and
immediately receive partique, provided a period of five full days has elapsed
since their departure from the last infected port.

In case the required period has not elapsed, the vessels may pass through
the canal in quarantine without undergoing the medical examination, pro-
vided they present the above-mentioned certificate to the quarantine
authorities.

The quarantine authorities shall nevertheless have a right to cause their
agents to perform the medical examination on board war vessels when-
ever they deem it necessary.

Suspicious or infected vessels shall be subjected to the regulations in
force.

Only fighting units shall be considered as war vessels, transports and
hospital ships falling under the category of ordinary vessels.

Art. 82. The Sanitary, Maritime, and Quarantine Board of Egypt is
authorized to organize the transit through Egyptian territory by rail of
the mails and ordinary passengers coming from infected countries in
quarantine trains, under the conditions set forth in Annex I.

Section VI—Sanitary Measures applicable to the Persian Gulf

Art. 83. The sanitary regulations established by the articles of the
present Convention shall be applied, as regards vessels entering the Per-
sian Gulf, by the health authorities of the ports of arrival.

This regulation shall be subjected to the following three reservations
with regard to the classification of the vessels and of the measures to be
applied to them in the Persian Gulf:

1. The surveillance of the passengers and crew shall always be super-
seded by an observation of the same duration.

2. Uninfected vessels may obtain partique there only upon condition
that five full days have elapsed since the time of their departure from
the last infected port.

3. In regard to suspected vessels the period of five days for the ob-
servation of the crew and passengers shall begin as soon as there is no
case of plague or cholera on board.
402 INTERNATIONAL RELATIONS

Title I1I—Provisions specially apflicable to Pilgrimages

Chapter I. General Provisions

Art. 84. The provisions of article 54 of Title II are applicable to
persons and objects bound for Hedjaz or Irak Arabi and who are to be
embarked on a pilgrim ship, even if the port of embarkation is not in-
fected with plague or cholera.

Art. 85. When cases of plague or cholera exist in the port, no em-
barkation shall be made on pilgrim ships until after the persons, assembled
in a group, have been subjected to an observation for the purpose of as-
certaining that none of them is stricken with plague or cholera.

It shall be understood that, in executing this measure, each Government
may take into account the local circumstances and possibilities.

Art. 86. If local circumstances permit, the pilgrims shall be obliged
to prove that they possess the means absolutely necessary to complete the
pilgrimage, especially a round-trip ticket.

Art. 87. Steamships shall alone be permitted to engage in the long-
voyage transportation of pilgrims, all other vessels being forbidden to
engage in this traffic.

Art. 88. Pilgrim ships engaged in coasting trade and used in making
the conveyances of short duration called “coasting trade” shall be subject
to the provisions contained in the special regulations applicable to the
Hedjaz pilgrimage, which shall be published by the Board of Health of
Constantinople in accordance with the principles enounced in the present
Convention.

Art. 89. A vessel which does not embark a greater proportion of pil-
grims of the lowest class than one per hundred tons gross burden, in
addition to its ordinary passengers (among whom pilgrims of the higher
class may be included), shall not be considered as a pilgrim ship.

Art. 90. Every pilgrim ship situated in Ottoman waters must conform
to the provisions contained in the special regulations applicable to the
Hedjaz pilgrimage, which shall be published by the Board of Health of
Constantinople in accordance with the principles set forth in the present
convention.

Art. 91. The captain shall be obliged to pay all the sanitary taxes col-
lectible from the pilgrims, which shall be comprised in the price of the
ticket.

Art. 92. As far as possible, the pilgrims who land or embark at the
sanitary stations shall not come in contact with one another at the points
of debarkation,

The pilgrims who are landed shall be sent to the encampment in as
small groups as possible.

They must be furnished with good drinking water, whether it is found
on the spot or obtained by distillation.

Art. 93. When there is plague or cholera in Hedjaz, the provisions
OTHER RECENT GENERAL WELFARE CONVENTIONS 403

carried by the pilgrims shall be destroyed if the health authority deems
it necessary.

Chapter II]—Pilgrim ships—Sanitary arrangements

Section I. General Arrangement of Vessels

Art. 94. The vessel must be able to lodge pilgrims between decks.

Outside of the crew, the vessel shall furnish to every individual, what-
ever be his age, a surface of 1,5 square meters (16 English square feet)
with a height between decks of about 1,8 meters.

On vessels engaged in coasting trade each pilgrim: shall have at his
disposal a space of at least 2 meters wide along the gunwales of the
vessel.

Art. 95. On each side of the vessel, on deck, there shall be reserved
a place screened from view and provided with a hand pump so as to
furnish sea water for the needs of the pilgrims. One such place shall be
reserved exclusively for women.

Art. 96. In addition to the water closets for the use of the crew, the
vessel shall be provided with latrines flushed with water or provided with
a stop cock, in the proportion of at least one latrine for every 100 persons
embarked.

There shall be latrines reserved exclusively for women.

There shall be no water closets between decks or within the hold.

Art. 97. The vessel shall have two places arranged for private cooking
by the pilgrims, who shall be forbidden to make a fire elsewhere and
especially on deck.

Art. 98. Infirmaries properly arranged with regard to safety and
sanitary conditions shall be reserved for lodging the sick.

They shall be so arranged as to be capable of isolating, according to
the kind of disease, persons stricken with transmissible ailments.

The infirmaries shall be able to receive at least five per cent of the
pilgrims embarked, allowing at least 3 square kilometers per head.

Art. 99. Every vessel shall have on board the medicines, disinfectants,
and articles necessary for the care of the sick. The regulations made for
this kind of vessels by each Government shall determine the nature and
quantity of the medicines. The care and the remedies shall be furnished
free of charge to the pilgrims.

Art. 100. Every vessel embarking pilgrims shall have on board a phy-
sician holding a regular diploma and commissioned by the Government of
the country to which the vessel belongs or by the government of the
port in which the vessel takes pilgrims on board. A second physician
shall be embarked as soon as the number of pilgrims carried by the vessel
exceeds one thousand.

Arti 101. The captain shall be obliged to have handbills posted on board
in a position which is conspicuous and accessible to those interested. They
404 INTERNATIONAL RELATIONS

shall be in the principal languages of the countries inhabited by the pilgrims
embarked, and show:

1. The destination of the vessel. '

2. The price of the tickets.

3. The daily ration of water and food allowed to each pilgrim.

4. A price list of victuals not comprised in the daily ration and to
be paid for extra. ;

Art. 102. The heavy baggage of the pilgrims shall be registered, num-
bered, and placed in the hold. The pilgrims shall keep with them only such
articles as are absolutely necessary, the regulations made by each Govern-
ments for its vessels determining the nature, quantity and dimensions
thereof,

Art. 103. The provisions of Chapters I, IJ. (sections I. II. and III.)
and III. of the present Title shall be posted, in the form of regulations,
in the language of the nationality of the vessel as well as in the principal
languages of the countries inhabited by the pilgrims embarked, in a con-
spicuous and accessible place on each deck and between decks on every
vessel carrying pilgrims.

Section II—Measures to be taken before Departure

Art. 104. At least three days before departure the captain, or in the
absence of the captain the owner or agent, of every pilgrim ship must
declare his intention to embark pilgrims to the competent authority of
the port of departure. In ports of call the captain, or in the absence of
the captain the owner or agent, of every pilgrim ship must make this
same declaration twelve hours before the departure of the vessel. This
declaration must indicate the intended day of sailing and the destination of
the vessel.

Art. 105. Upon the declaration prescribed by the preceding article being
made, the competent authority shall proceed to the inspection and measure-
ment of the vesel at the expense of the captain. The consular officer of the
country to which the vessel belongs may be present at this inspection.

The inspection only shall be made if the captain is already provided
with a certificate of measurement issued by the competent authority of
his country, unless it is suspected that the document no longer corres-
ponds to the actual state of the vessel.

Art. 106. The competent authority shall not permit the departure of
a pilgrim ship until he has ascertained:

a) That the vessel has been put in a state of perfect cleanliness and,
if necessary, disinfected.

b) That the vessel is in a condition to undertake the voyage without
danger; that it is properly equipped, arranged, and ventilated; that it
is provided with an adequate number of small boats; that it contains noth-
ing on board which is or might become detrimental to the health or safety
of the passengers, and that the deck is of wood or of iron covered with
wood.
OTHER RECENT GENERAL WELFARE CONVENTIONS 405

c) That, in addition to the provisions for the crew, there are pro-
visions and fuel of good quality on board, suitably stored and in sufficient
quantity for all the pilgrims and for the entire anticipated duration of
the voyage.

d) That the drinking water taken on board is of good quality and
from a source protected against all contamination; that there is a sufficient
quantity thereof; that the tanks of drinking water on board are pro-
tected against all contamination and closed in such a way that the water
can only be let out through the stop cocks or pumps. The devices for
letting water out called “suckers” are absolutely forbidden.

e) That the vessel has a distilling apparatus capable of producing at
least 5 liters of water per head each day for every person embarked, in-
cluding the crew.

f) That the vessel has a disinfecting chamber whose safety and effi-
ciency have been ascertained by the health authority of the port of em-
barkation of the pilgrims.

g) That the crew comprises a physician holding a diploma and com-
missioned either by the Government of the country to which the vessel
belongs or by the Government of the port where the vessel takes on pil-
grims, and that the vessel has a supply of medicines, all in conformity
with articles 99 and Ioo.

h) That the deck of the vessel is free from all cargo and other in-
cumberances,

i) That the arrangements of the vessel are such that the measures pre-
scribed by Section III. hereinafter may be executed.

Art. 107. The captain shall not sail till he has in his possession:

1. A list viséed by the competent authority and showing the name, sex,
and total number of pilgrims whom he is authorized to embark.

2. A bill of health setting forth the name, nationality, and tonnage of
the vessel, the name of the captain and of the physician, the exact number
of persons embarked (crew, pilgrims, and other passengers), the nature
of the cargo, and the port of departure.

The competent authority shall indicate on the bill of health whether
the number of pilgrims allowed by the regulations is reached or not, and,
in case it is not reached, the additional number of passengers which the
vessel is authorized to embark in subsequent ports of call.

Section II1I—Measures to be taken during the passage

Art. 108. The deck shall remain free from encumbering objects during
the voyage and shall be reserved day and night for the persons on board
and be placed gratuitously at their service.

Art. 109. Every day the space between decks shall be cleaned carefully
and scrubbed with dry sand mixed with disinfectants while the pilgrims
are on board.

Art. I10. The latrines intended for the passengers as well as those for
406 INTERNATIONAL RELATIONS

the crew shall be kept neat and be cleaned and disinfected three times
a day.

Art. 111. The excretions and dejections of persons showing symptoms
of plague or cholera shall be collected in vessels containing a disinfecting
solution. These vessels shall be emptied into the latrines, which shall be
thoroughly disinfected after each flushing.

Art. 112. Articles of bedding, carpets, and clothing which have been
in contact with the patients mentioned in the preceding article shall be im-
mediately disinfected. The observance of this rule is especially enjoined
with regard to the clothing of persons who come near to these patients
and who may have been contaminated.

Such of the articles mentioned above as have no value shall be thrown
overboard, if the vessel is neither in a port nor a canal, or else destroyed
by fire. The others shall be carried to the disinfecting chamber in imper-
meable sacks washed with a disinfecting solution.

Art. 113. The quarters occupied by the patients and referred to in
article 98 shall be thoroughly disinfected.

Art, 114. Pilgrim ships shall be compelled to submit to disinfecting
operations in conformity with the regulations in force on the subject in
the country whose flag they fly.

Art. 115. The quantity of drinking water allowed daily to each pilgrim
free of charge, whatever be his age, shall be at least 5 liters.

Art. 116. If there is any doubt about the quality of the drinking water
or any possibility of its contamination either at the place of its origin or
during the course of the voyage, the water shall be boiled or otherwise
sterilized and the captain shall be obliged to throw it overboard at the
first port in which a stop is made and in which he is able to procure a
better supply.

Art. 117. The physician shall examine the pilgrims, attend the patients,
and see that the rules of hygiene are observed on board. He shall es-
pecially:

1. Satisfy himself that the provisions dealt out to the pilgrims are
of good quality, that their quantity is in conformity with the obligations
assumed, and that they are suitably prepared.

2. Satisfy himself that the requirements of article 115 relative to the
distribution of water are observed.

3. If there is any doubt about the quality of the drinking water, re-
mind the captain in writing of the provisions of article 106,

4. Satisfy himself that the vessel is maintained in a constant state of
cleanliness, and especially that the latrines are cleansed in accordance with
the provisions of article 110.

5. Satisfy himself that the lodgings of the pilgrims are maintained in
a healthful condition, and that, in case of transmissible disease, they are
disinfected in conformity with articles 113 and 114.

6. Keep a diary of all the sanitary incidents occurring during the
OTHER RECENT GENERAL WELFARE CONVENTIONS 407

course of the voyage and present his diary to the competent authority of
the port of arrival.

Art. 118. The persons intrusted with the care of the plague or cholera
patients shall alone have access to them and shall have no contact with
the other persons on board.

Art. 119. In case of a death occurring during the voyage, the captain
shall make note of the death opposite the name on the list viséed by
the authority of the port of departure, besides entering on his journal the
name of the deceased person, his age, where he comes from, the presumable
cause of his death according to the physician’s certificate, and the date of
the death,

In case of a death by a transmissible disease, the body shall be wrapped
in a shroud saturated with disinfecting solution and thrown overboard.

Art. 120. The captain shall see that all the prophylactic measures exe-
cuted during the voyage are recorded in the ship’s journal. This journal
shall be presented to him by the competent authority of the port of arrival.

In each port of call the captain shall have the list prepared in accord-
ance with article 107 viséed by the competent authority.

In case a pilgrim is landed during the course of the voyage, the captain
shall note the fact on the list opposite the name of the pilgrim.

In case of an embarkation, the person embarked shall be mentioned on
this list in conformity with the aforementioned article 107 and before it is
viséed again by the competent authority.

Art. 121. The bill of health delivered at the port of departure shall not
be changed during the course of the voyage.

It shall be viséed by the health authority of each port of call, wha
shall note thereon:

1. The number of passengers landed or embarked in the port.

2. The incidents occurring at sea and affecting the health or life. ot
the persons on board.

3. The sanitary condition of the port of call.

Section IV—Measures to be taken on the Arrival of Pilgrims in
the Red Sea

A. Sanitary measures applicable to Mussulman-pilgrim ships hailing
from an infected Port and bound from the South toward Hedjaz

Art. 122. Pilgrim ships hailing from the south and bound for Hedjaz
shall first stop at the sanitary station at Camaran, where they shall be
subjected to the measures prescribed in articles 123 to 125.

Art. 123. Vessels recognized as uninfected after a medical inspection
shall obtain partique when the following operations are completed:

The pilgrims shall be landed, take a shower or sea bath, and their soiled
linen and the part of their wearing apparel and baggage which appears
suspicious in the opinion of the health authority shall be disinfected.
408 INTERNATIONAL RELATIONS

The duration of these operations, including debarkation and embarkation,
shall not exceed forty-eight hours.

If no real or suspected case of plague or cholera is discovered during
these operations, the pilgrims shall be reembarked immediately and the
vessel shall proceed to Hedjaz.

For plague, the provisions of articles 23 and 24 shall be applied with
regard to the rats which may be found on board the vessels.

Art. 124. Suspicious vessels on board of which there were cases of
plague or cholera at the time of departure but on which there has been
no new case of plague or cholera for seven days, shall be treated in the
following manner:

The pilgrims shall be landed, take a shower or sea bath, and their
soiled linen and the parts of their wearing apparel and baggage which
appears suspicious in the opinion of the health authority shall be disin-
fected.

In time of cholera the bilge water shall be changed.

The parts of the vessel occupied by the patients shall be disinfected.
The duration of these operations, including debarkation and embarkation,
shall not exceed forty-eight hours.

If no real or suspected case of plague or cholera is discovered during
these operations, the pilgrims shall be reembarked immediately and the
vessel shall proceed to Djeddah, where a second medical inspection shall
take place on board. If the result thereof is favorable, and on the strength
of a written affidavit by the ship’s physician to the effect that there has
been no case of plague or cholera during the passage, the pilgrims shall
be immediately landed.

If, on the contrary, one or more real or suspected cases of plague or
cholera have been discovered during the voyage or at the time of arrival,
the- vessel shall be sent back to Camaran, where it shall undergo anew the
measures applicable to infected vessels.

For plague, the provisions of article 22, 6th par., shall be applicable with
regard to the rats which may be found on board the vessels.

Art. 125. Infected vessels, that is, those having cases of plague or
cholera on board or having had cases of plague of cholera within seven
days, shall undergo the following treatment:

The persons stricken with the plague or cholera shall be landed and
isolated in groups comprising as few persons as possible, so that the whole
number may not be infected by a particular group if plague or cholera
should develop therein.

The soiled linen, wearing apparel, and clothing of the crew and pas-
sengers, as well as the vessel, shall be disinfected in a thorough manner.

However, the local health authority may decide that the discharge of
the heavy baggage and the cargo is not necessary, and that only a part
of the vessel need be disinfected.

The passengers shall remain in the Camaran establishment five days.
OTHER RECENT GENERAL WELFARE CONVENTIONS 409

When cases of plague or cholera date back several days, the length of the
isolation may be diminished. This length may vary according to the date
of appearance of the last case and the decision of the health authority.

The vessel shall then proceed to Djeddah, where an individual and
rigorous medical examination shall be made. If the result thereof is
favorable, the vessel shall obtain partique. If, on the contrary, real cases
of plague or cholera have appeared on board during the voyage or at the
time of arrival, the vessel shall be sent back to Camaran, where it shall
undergo anew the treatment applicable to infected vessels.

For plague, the measures prescribed by article 22 shall be applied with
regard to the rats which may be found on board the vessels.

Art. 126. Every sanitary station designed to receive pilgrims should be
provided with a trained, experienced, and sufficiently numerous staff, as
well as with all the buildings and apparatus necessary to insure the appli-
cation, in their entirety, of the measures to which said pilgrims are
subjected.

B. Sanitary measures applicable to Mussulman-pilgrim ships hailing
from the North and bound toward Hedjaz

Art. 127, If plague or cholera is not known to exist in the port of
departure or its neighborhood, and if no case of plague or cholera has
occurred during the passage, the vessel shall be immediately granted
partique.

Art, 128. If plague or cholera is known to exist in the port of departure
or its vicinity, or if a case of plague or cholera has occurred during the
voyage, the vessel shall be subjected at Tor to the rules established for
vessels coming from the south and stopping at Camaran. The vessels
shall thereupon be granted partique.

Section V—Measures to be taken upon the Return of Pilgrims
A. Pilgrim ships returning Northward

Art. 129. Every vessel bound for Suez or for a Mediterranean port,
having on board pilgrims or similar masses of persons, and hailing from
a port of Hedjaz or from any other port of the Arabian coast of the
Red Sea, must repair to Tor in order to undergo the observation and the
sanitary measures indicated in articles 133 and 135.

Art. 130. Vessels bringing Mussulman pilgrims back toward the Medi-
terranean shall pass through the canal in quarantine only.

Art. 131. The agents of navigation companies and captains are warned
that, after completing their observation period at the sanitary station of
Tor, the Egyptian pilgrims will alone be permitted to leave the vessel
permanently in order to return thereupon to their homes.

Only those pilgrims will be recognized as Egyptians or as residents of
Egypt who are provided with a certificate of residence issued by an
410 INTERNATIONAL RELATIONS :
Egyptian authority and conforming to the established model. Safnples of
this certificate shall be deposited with the consular and health authorities
of Djeddah and Yambo, where the agents and captains of vessels can
examine them.

Pilgrims other than Egyptians, such as Turks, Russians, Persians, Tunis-
ians, Algerians, Moroccans, etc., cannot be landed in an Egyptian port after
leaving Tor. Consequently, navigation agents and captains are warned
that the transhipment of pilgrims not residents of Egypt at Tor, Suez,
Port Said, or Alexandria is forbidden.

Vessels having on board pilgrims who belong to the nationalities men-
tioned in the foregoing paragraph shall be subject to the rules applicable
to these pilgrims and shall not be received in any Egyptian port of the
Mediterranean.

Art. 132. Before being granted partique, Egyptian pilgrims shall
undergo an observation of three days and a medical examination at Tor,
Souakim, or any other station designated by the Board of Health of
Egypt.

Art. 133. If plague or cholera is known to exist in Hedjaz or in the
port from which the vessel hails, or if it has existed in Hedjaz during
the course of the pilgrimage, the vessel shall be subjected at Tor to the
rules adopted at Camaran for infected vessels.

The persons stricken with plague or cholera shall be landed and isolated
in the hospitals. The other passengers shall be landed and isolated in
groups composed of as few persons as possible, so that the whole number
may not be infected by a particular group if the plague or cholera should
develop therein.

The soiled linen, wearing apparel, and clothing of the crew and pas-
sengers, as well as the baggage and cargo suspected of contamination
shall be landed and disinfected. Their disinfection as well as that of the
vessel shall be thorough.

However, the local health authority may decide that the unloading of
the heavy baggage and the cargo is not necessary, and that only a part
of the vessel need undergo disinfection.

The measures provided in articles 22 and 25 shall be applied with re-
gard to the rats which may be found on board.

All the pilgrims shall be subjected to an observation of seven full days
from the day on which the disinfecting operations are completed, whether
it be a question of plague or cholera. If a case of plague or cholera has
appeared in one section, the period of seven days shall not begin for this
section until.the day on which the last case was discovered.

Art. 134. In the case contemplated in the preceding article, the Egyp-
tian pilgrims shall be subjected, besides, to an additional observation of
three days.

Art. 135. If plague or cholera is not known to exist either in Hedjaz
or in the port from which the vessel hails, and has not been known to exist
OTHER RECENT GENERAL WELFARE CONVENTIONS it

in Hedjaz during the course of the pilgrimage, the vessel shall be sub-
jected at Tor to the rules adopted at Camaran for uninfected vessels.

The pilgrims shall be landed and take a shower or sea bath, and their
soiled linen or the part of their wearing apparel and baggage which may
appear suspicious in the opinion of the health authority shall be disinfected.
The duration of these operations, including the debarkation and em-
barkation, shall not exceed seventy-two hours.

However, a pilgrim ship belonging to one of the nations which have
adhered to the stipulations of the present and the previous. conventions, if
it has had no plague or cholera patients during the course of the voyage
from Djeddah to Yambo or Tor and if the individual medical examination
made at Tor after debarkation establishes the fact that it contains no such
patients, may be authorized by the Board of Health of Egypt to pass
through the Suez Canal in quarantine even at night when the following
four conditions are fulfilled:

I. Medical attendance shall be given on board by one or several phys-
icians commissioned by the government to which the vessel belongs.

2. The vessel shall be provided with disinfecting chambers and it shall
be ascertained that the soiled linen has been disinfected during the course
of the voyage.

3. It shall be shown that the number of pilgrims does not exceed that
authorized by the pilgrimage regulations.

4. The captain shall bind himself to repair directly to a port of the
country to which the vessel belongs.

The medical examination shall be made as soon as possible after de-
barkation at Tor.

The sanitary tax to be paid to the quarantine administration shall be
the same as the pilgrims would have paid had they remained in quar-
antine three days.

Art. 136. A vessel which has had a suspicious case on board during
the voyage from Tor to Suez shall be sent back to Tor.

Art. 137. The transshipment of pilgrims is strictly forbidden in Egypt-
ian ports.

Art. 138. Vessels leaving Hedjaz and having on board pilgrims who are
bound for a port on the African shore of the Red Sea shall be authorized
to proceed directly to Souakim or to such other place as the Board of
Health of Alexandria may determine, where they shall submit to the
same quarantine procedure as at Tor.

Art. 139. Vessels sailing from Hedjaz or from a port on the Arabian .
coast of the Red Sea with a clean bill of health, having no pilgrims or
similar groups of people on board, and which have had no suspicious oc-
currence during the voyage, shall be granted partique at Suez after a
favorable medical inspection.

Art. 140. When plague or cholera shall have been proven to exist in
Hedjaz:
412 INTERNATIONAL RELATIONS

1. Caravans composed of Egyptian pilgrims shall, before going tc
Egypt, undergo at Tor a rigid quarantine of seven days in case of cholera
or plague. They shall then undergo an observation of three days at Tor,
after which they shall not be granted partique until a favorable medical
inspection has been made and their belongings have been disinfected.

2. Caravans composed of foreign pilgrims who are about to return to
their homes by land routes shall be subjected to the same measures as the
Egyptian caravans and shall be accompanied by sanitary guards to the
edge of the desert.

Art. 141. When plague or cholera has not been observed in Hedjaz, the
caravans of pilgrims coming from Hedjaz by way of Akaba or Moila shall,
upon their arrival at the canal or at Nakhel, be subjected to a medical
examination and their soiled linen and wearing apparel shall be disinfected.

B. Pilgrims returning Southward

Art. 142. Sufficiently complete sanitary arrangements shall be installed
in the ports of embarkation of Hedjaz in order to render possible the
application to pilgrims who have to travel southward in order to return
to their homes, of the measures which are obligatory by virtue of articles
Jo and 54 at the moment of departure of these pilgrims in the ports
situated beyond the Straits of Bab-el Mandeb.

The application of these measures is optional; that it, they are only
to be applied in those cases in which the consular officer of the country
to which the pilgrim belongs, or the physician of the vessel on which
he is about to embark, deems them necessary.

; Chapter I1I—Penalties

Art. 143. Every captain convicted of not having conformed, in the dis-
tribution of water, provisions, or fuel, to the obligations assumed by him,
shall be liable to a fine of two Turkish pounds. This fine shall be col-
lected for the benefit of the pilgrim who shall have been the victim of
the default, and who shall prove that he has vainly demanded the execu-
tion of the agreement made,

Art. 144. Every infraction of article 101 shall be punished by a fine of
thirty Turkish pounds.

Art. 145. Every captain who has committed or knowingly permitted any
fraud whatever concerning the list of pilgrims or the bill of health pro-
vided for in article 107 shall be liable to a fine of fifty Turkish pounds.

Art. 146. Every captain of a vessel arriving without a bill of health
from the port of departure, or without a visé from the ports of call
or who is not provided with the list required by the regulations and
regularly kept in accordance with articles 107, 120, and 121, shall be liable
in each case to a fine of twelve Turkish pounds.

Art. 147. Every captain convicted of having or having had on board
more than oo pilgrims without the presence of a commissioned physician
OTHER RECENT GENERAL WELFARE CONVENTIONS 413

in conformity with the provisions of article 100 shall be liable to a fine
of thirty Turkish pounds.

Art. 148. Every captain convicted of having or having had on board
a greater number of pilgrims than that which he is authorized to embark
in conformity with the provisions of article 107 shall be liable to a fine of
five Turkish pounds for each pilgrim in excess.

Art. 149. Every captain convicted of having landed pilgrims at a place
other than their destination, except with their consent or excepting cases
of vis major, shall be liable to a fine of twenty Turkish pounds for each
pilgrim wrongfully landed.

Art. 150. All other infractions of the provisions relative to pilgrim
ships are punishable by a fine of from 10 to 100 Turkish pounds.

Art. 151. Every violation proven in the course of a voyage shall be
noted on the bill of health as well as on the list of pilgrims. The com-
petent authority shall draw up a report thereof and deliver it to the proper
party.

Art. 152. All agents called upon to assist in the execution of the pro-
visions of the present Convention with regard to pilgrim ships are liable
to punishment in conformity with the laws of their respective countries
in case of faults committed by them in the application of the said pro-
visions.

Title IV—Surveillance and Execution

I. Sanitary, Maritime, and Quarantine Board of Egypt

Art. 153. The stipulations of Appendix III of the Sanitary Convention
of Venice of January 30, 1892, concerning the composition, rights and
duties, and operation of the Sanitary, Maritime, and Quarantine Board
of Egypt, are confirmed as they appear in the decrees of His Highness the
Khedive under date of June 19, 1893, and December 25, 1894, as well as in
the ministerial decision of June 19, 1893.

The said decrees and decisions are annexed to the present Convention.
(Appendix II.)

Art. 154. The ordinary expenses resulting from the provisions of the
present convention, especially those relating to the increase of the per-
sonnel belonging to the Sanitary, Maritime, and Quarantine Board of
Egypt, shall be covered by means of an annual supplementary payment by
the Egyptian Government of the sum of 4,000 Egyptian pounds, which
may be taken from the surplus revenues from the lighthouse service re-
maining at the disposal of said Government.

However, the proceeds of a supplementary quarantine tax of ten tariff
dollars per pilgrim to be collected at Tor shall be deducted from this
sum.

In case the Egyptian Government shall find difficulty in bearing this
share of the expenses, the Powers represented in the Board of Health
414 INTERNATIONAL RELATIONS

shall reach an understanding with the Khedival Government in order to
insure the participation of the latter in the expenses contemplated.

Art. 155. The Sanitary, Maritime and Quarantine Board of Egypt
shall undertake the task of bringing the provisions of the present con-
vention into conformity with the regulations at present enforced by it
in regard to the plague, cholera, and yellow fever, as well as with the
regulations relative to arrivals from the Arabian ports of the Red Sea
during the pilgrim season. :

To the same end it shall, if necessary, revise the general regulations of
the sanitary, maritime, and quarantine police at present in force.

These regulations, in order to become effective, must be accepted by the
various Powers represented on the Board.

II—The International Health Board of Tangier

Art. 156. In the interest of public health, the High Contracting Parties
agree that their representatives in Morocco shall again invite the attention
of the International Health Board of Tangier to the necessity of enforcing
the provisions of the sanitary conventions.

TII—Miscellaneous Provisions

Art. 157. The proceeds from the sanitary taxes and fines shall in no
case be employed for objects other than those within the scope of the
Boards of Health.

Art. 158. The High Contracting Parties agree to have a set of instruc-
tions prepared by their health departments for the purpose of enabling
captains of vessels, especially when there is no physician on board, to
enforce the provisions contained in the present convention with regard to
plague, cholera, and yellow fever.

Title V—Adhesions and Ratifications

Art. 159. The Governments which have not signed the present conven-
tion shall be permitted to adhere thereto upon rquest. Notice of this
adhesion shall be given through diplomatic channels to the Government
of the French Republic and by the latter to the other signatory govern-
ments,

Art. 160. The present convention shall be ratified and the ratifications
thereof deposited at Paris as soon as possible.

It shall be enforced as soon as it shall have been proclaimed in con-
formity with the legislation of the signatory nations. In the respective
relations of the Powers which have ratified it, it shall supersede the inter-
national sanitary conventions signed January 30, 1892; April 15, 1893;
April 3, 1804; March 19, 1897; and December 3, 1903.

The previous arrangements enumerated above shall remain in force with
regard to the Powers which, having signed or adhered to them, may not
ratify or accede to the present act.
OTHER RECENT GENERAL WELFARE CONVENTIONS 415

In witness whereof the respective Plenipotentiaries have signed the
present convention and affixed thereto their seals.

Done at Paris on January 7, 1912, in a single copy which shall remain
deposited in the archives of the Government of the French Republic, and
of which certified copies shall be transmitted through the diplomatic
channels to the Contracting Powers,

(Signatures) 14

The foregoing convention is a strong illustration of the
tendency for a body of representatives of the nations who un-
dertake the task of protecting the nations from certain clearly
defined dangers and evils, to also guard against minor incidental
evils affecting the people most directly concerned with their un-
dertaking. The menaces of plague, cholera, and yellow fever,
whenever prevalent in any part of the world, arouse the appre-
hensions of all the nations and call for most efficient measures
to prevent their spread. The religious enthusiasm of Moham-
medan pilgrims induces them not only to incur all the personal
risks of journeying into infected lands, but to do so in multi-
tudes under very unsanitary conditions. Supervision of the
vessels in which they are transported is therefore a matter of
prime importance in carrying out the sanitary regulations
necessary in order to prevent them fromm carrying disease from
place to place. To make the sanitary measures effective it is
necessary to protect the pilgrims from disease. Cleansing and
disinfection are for the benefit of all concerned. But there are
many provisions in this convention designed to protect the
pilgrims against fraud, oppression and suffering which have
little or no direct connection with sanitation. The require-
ments of pure food and water and sufficient room tend to
insure comfort as well as health, but those against extortion
and landing them at ports other than their destination are
solely for the personal protection of the pilgrims. Passengers
are guarded against unreasonable detention while the sanitary
measures are being taken with the same care that is given to
cleansing and disinfection in the general interest.

The invention of the wireless telegraph dispensing with the
necessity for wires or cables in order to communicate in any

14 Senate Documents, 3rd Session 62nd Congress, 10, 390 to 429.
416 INTERNATIONAL RELATIONS

direction by land or sea called for international regulation of
its use. A conference was therefore held of twenty-seven
nations representing all the continents at Berlin where a con-
vention was signed on November 3, 1906. In 1912 at a con-
ference held in London another convention was signed which
is as follows:

INTERNATONAL WIRELESS TELEGRAPH CONVENTION

The undersigned, plenipotentiaries of the Governments of the countries
enumerated above, having met in conference at London, have agreed on the
following Convention, subject to ratification:

Article 1. The High Contracting Parties bind themselves to apply the
provisions of the present Convention to all wireless telegraph stations
open to public service between the coast and vessels at sea—both coastal
stations and stations on shipboard—which are established or worked by the
Contracting Parties.

They further bind themselves to make the observance of these provisions
obligatory upon private enterprises authorized either to establish or work
coastal stations for wireless telegraphy open to the service of public cor-
respondence between the coast and vessels at sea, or to establish or work
wireless telegraph stations, whether open to general public service or not,
on board of vessels flying their flag.

Art. 2. By “coastal stations” is to be understood every radio station ‘
established on shore or on board a permanently moored vessel used for
the exchange of correspondence with ships at sea.

Every radio station established on board any vessel not permanently
moored is called “a station on shipboard.”

Art. 3. The coastal stations and the stations on shipboard shall be
bound to exchange radiograms without distinction of the radio system
adopted by such stations.

Every station or shipboard shall be bound to exchange radiograms with
every other station on shipboard without distinction of the radio system
adopted by such stations.

However, in order not to impede scientific progress, the provisions of
the present Article shall not prevent the eventual employment of a radio
system incapable of communicating with other systems, provided that such
incapacity shall be due to the specific nature of such system and that it
shall not be the result of devices adopted for the sole purpose of prevent-
ing intercommunication.

Art. 4. Notwithstanding the provisions of Article 3, a station may be
reserved for a limited public service determined by the object of the
correspondence or by other circumstances independent of the system em-
ployed.

Art. 5. Each of the High Contracting Parties undertakes to connect the
OTHER RECENT GENERAL WELFARE CONVENTIONS 417

coastal stations to the telegraph system by special wires, or, at least, to
take other measures which will insure a rapid exchange between the
coastal stations and the telegraph system.

Art. 6. The High Contracting Parties shall notify one another of the
names of coastal stations and stations on shipboard referred to in Article
1, and also of all data necessary to facilitate and accelerate the exchange
of radiograms, as specified in the regulations.

Art. 7. Each of the High Contracting Parties reserve the right to pre-
scribe or permit at the stations referred to in Article 1, apart from the
installation the data of which are to be published in conformity with
Article 6, the installation and working of other devices for the purpose of
establishing special radio communication without publishing the details
of such devices.

Art. 8. The working of the radio stations shall be organized as far as
possible in such manner as not to disturb the service of other radio
stations.

Art. 9. Radio stations are bound to give absolutely priority to calls of
distress from whatever source, to similarly answer such calls and to take
such action with regard thereto as may be required.

Art. 10. The charges for a radiogram shall comprise, according to the
circumstances:

I. (a) The coastal rate, which shall fall to the coastal station;

(b) The shipboard rate, which shall fall to the shipboard station.

2. The charge for transmission over the telegraph lines, to be com-
puted according to the ordinary rules.

3. The charges for transit through the intermediate coastal or shipboard
stations and the charges for special services requested by the sender.

The coastal rate shall be subject to the approval of the Government
of which the coastal station is dependent, and the shipboard rate to the
approval of the Government of which the ship is dependent.

Art. 11. The provisions of the present convention are supplemented by
Regulations, which shall have the same force and go into effect at the
same time as the Convention.

The provisions of the present Convention and of the Regulations re-
lating thereto may at any time be modified by the High Contracting Parties
by common consent. Conferences of plenipotentiaries having power to
modify the Convention and the Regulations, shall take place from time
to time; each conference shall fix the time and place of the next meeting.

Art. 12. Such conferences shall be composed of delegates of the Gov-
ernments of the contracting countries.

In the deliberations each country shall have but one vote.

If a Government adheres to the Convention for its colonies, possessions
or protectorates, subsequent conferences may decide that such colonies,
possessions or protectorates, or a part thereof, shall be considered as form-
ing a country as regards the application of the preceding paragraph.
But the number of votes at the disposal of one Government, including
its colonies, possessions or protectorates, shall in no case exceed six,
418 INTERNATIONAL RELATIONS

The following shall be considered as forming a single country for the
application of the present Article:

German East Africa

German Southwest Africa

Kamerun

Togo Land

German Protectorates in the Pacific

Alaska ;

Hawaii and the other American possessions in Polynesia

The Philippine Islands B

Porto Rico and the American possessions in the Antilles

The Panama Canal Zone

The Belgian Congo

The Spanish Colony of the Gulf of Guinea

French East Africa

French Equatorial Africa

Indo-China

Madagascar

Tunis

The Union of South Africa

The Australian Federation

Canada

British India

New Zealand

Eritrea

Italian Somaliland

Chosen, Formosa, Japanese Sakhalin and the leased territory of Kwan-

tung

The Dutch Indies

The Colony of Curacao

Portuguese West Africa

Portuguese East Africa and the Portuguese possessions in Asia

Russian Central Asia (littoral of the Caspian Sea)

Bokhara

Khiva

Western Siberia (littoral of the Arctic Ocean)

Eastern Siberia (littoral of the Pacific Ocean)

Art. 13. The International Bureau of the Telegraph Union shall be
charged with collecting, coordinating and publishing information of every
kind relating to radiotelegraphy, examining the applications for changes
in the Convention or Regulations, promulgating the amendments adopted,
and generally performing all administrative work referred to it in the
interest of international radiotelegraphy.

The expense of such institution shall be’ borne by all the contracting
countries.

Art. 14. Each of the High Contracting Parties reserves to itself the
OTHER RECENT GENERAL WELFARE CONVENTIONS 419

right of fixing the terms on which it will receive radiograms proceeding
from or intended for any station, whether on shipboard or coastal, which
is not subject to the provisions of the present Convention.

If a radiogram is received the ordinary rates shall be applicable to it.

Any radiogram proceeding from a station on shipboard and received by
a coastal station of a contracting country, or accepted in transit by the
administration of a contracting country, shall be forwarded.

Any radiogram intended for a vessel shall also be forwarded if the
administration of the contracting country has accepted it originally or in
transit from a non-contracting country, the coastal station reserving the
right to refuse transmission to a station on shipboard subject to a non-
contracting country.

Art. 15. The provisions of Articles 8 and 9 of this Convention are also
applicable to radio installations other than those referred to in Article 1.

Art. 16. Governments which are not parties to the present Convention
shall be permitted to adhere to it upon their request. Such adherence shall
be communicated through diplomatic channels to the contracting Govern-
ment in whose territory the last conference shall have been held, and by
the latter to the remaining Governments.

The adherence shall carry with it to the fullest extent acceptance of
all the clauses of this Convention and admission to all the advantages
stipulated therein.

The adherence to the Convention by the Government of a country
having colonies, possessions or protectorates shall not carry with it the
adherence of its colonies, possessions or protectorates unless a declaration
to that effect is made by such Government. Such colonies, possessions
and protectorates, as a whole or each of them, separately, may form the
subject of a separate adherence or a separate denunciation within the
provisions of the present Article and of Article 22.

Art. 17. The provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, II, 12, and 17,
of the International Telegraph Convention of St. Petersburg of July 10-22,
1875, shall be applicable to international radiotelegraphy.

Art. 18. In case of disagreement between two or more contracting
Governments regarding the interpretation or execution of the present
Convention or of the Regulations referred to in article 1, the question in
dispute may, by mutual agreement, be submitted to arbitration. In such
case each of the Governments concerned shall choose another Govertiment
not interested in the question at issue.

The decision of the arbiters shall be arrived at by the absolute majority
of votes.

In case of a division of votes, the arbiters shall choose, for the pur-
pose of settling the disagreement, another contracting Government which
is likewise a stranger to the question at issue. In case of failure to agree
on a choice, each arbiter shall propose a disinterested contracting Govern-
ment and lots shall be drawn between the Governments proposed. The
drawing of the lots shall fall to the Government within whose territory
the international Bureau provided for in Article 13 shall be located.
420 INTERNATIONAL RELATIONS

_ Art. 19. The High Contracting Parties bind themselves to take, or pro-
pose to their respective legislatures, the neccessary measures for insuring
the execution of the present Convention.

Art. 20, The High Contracting Parties shall communicate to one another
any laws already framed, or which may be framed, in their respective
countries relative to the object of the present ‘Convention.

Art. 21. The High Contracting Parties shall preserve their entire liberty
as regards radio installations other than provided for in Article 1, espe-
cially naval and military installations, and stations used for communica-
tions between fixed points. All such installations and stations shall be
subject only to the obligations provided for in Articles 8 and 9 of the
present Convention.

However, when such installations and stations are used for public
maritime service they shall conform, in the execution of such service, to
the provisions of the Regulations as regards the mode of transmission
and rates. .

On the other hand if coastal stations are used for general public service
with ships at sea and also for communication between fixed points, such
stations shall not be subject, in the execution of the last named service,
to the provisions of the Convention except for the observance of Articles
8 and 9 of this Convention.

Nevertheless, fixed stations used for correspondence between land and
land shall not refuse the exchange of radiograms with another fixed station
on account of the system adopted by such station; the liberty of each
country shall, however, be complete as regards the organization of the
service for correspondence between fixed points and the nature of the
correspondence to be effected by the stations reserved for such service.

Art. 22, The present Convention shall go into effect on the 1st day
of July, 1913, and shall remain in force for an indefinite period or until
the expiration of one year from the day when it shall be denounced by
any of the Contracting parties.

Such denunciation shall affect only the Government in whose name it
shall have been made. As regards the other Contracting Powers, the Con-
vention shall remain in force.

Art. 23. The present Convention shall be ratified and the ratifications
exchanged at London with the least possible delay.

In case one or several of the High Contracting Parties shall not ratify
the Convention, it shall nevertheless be valid as to the parties which shall
have ratified it.

In witness whereof the respective plentipotentiaries have signed one
copy of the Convention, which shall be deposited in the archives of the
British Government, and a copy of which shall be transmitted to each
Party.

Done at London, July 5, 1912.

(Signatures) 15

15 Senate Documents, 3d Session 62d Congress, 10, 185.
OTHER RECENT GENERAL WELFARE CONVENTIONS 421

The convention is signed by Plenipotentiaries of the following coun-
tries: Germany and the German Protectorates; The United States and
the possessions of the United States; the Argentine Republic; Austria-
Hungary; Bosnia-Herzegovina; Belgium; Belgian Congo; Brazil; Bul-
garia; Chile; Denmark; Egypt; Spain and the Spanish Colonies; France
and Algeria; French West Africa; French Equatorial Africa; Indo-China;
Madagascar; Tunis; Great Britain and the various British Colonies and
Protectorates; the Union of South Africa; the Australian Federation;
Canada; British India; New Zealand; Greece; Italy and the Italian Col-
onies; Japan and for Chosen, Formosa, Japanese Sakhalin, and the leased
territory of Kwangtung; Morocco; Monaco; Norway; Netherlands; Dutch
Indies and the Colony of Curacao; Persia; Portugal and the Portuguese
Colonies; Roumania; Russia and the Russian possessions and Protec-
torates; San Marino; Siam; Sweden; Turkey; and Uruguay.

The Service Regulations affixed to the Convention are con-
tained in fifty articles and are full and technical in their pro-
visions. The Convention and Regulations are unique in their
provisions and in the general scope of the international under-
taking because the service to which they apply is new and in its
nature will not endure restriction by national boundaries. The
radio waves pay no heed to artificial lines. The force behind
them is universal and all-pervading. The service is confined
to neither land nor sea, and the full benefits of its use can only
be obtained through the cooperation of all the nations. It is
necessary that ships on the sea be allowed to communicate with
the land within the range of their installations, no matter what
sovereignty it may acknowledge, that ship communicate with
ship no matter what flag each flies, that costal stations com-
municate with the shipping within their range and that mes-
sages be transferred to wire lines when necessary to reach their
destination. No other invention makes such an imperative
demand for the nations to agree and cooperate as this. No
nation can afford to forego the use of it, nor can it secure the
full advantage of it without combining with all the other na-
tions. International law as it existed when the invention was
first made had no rules to offer. It was a blank on the sub-
ject for it knew nothing of it.
CHAPTER IX

INTERNATIONAL GOVERNMENTAL
ESTABLISHMENTS

The system of diplomatic representatives of each govern-
ment residing at the seat of government of every other state
has resulted in the formation of a diplomatic corps in each
capital, but this corps performs no function as an organized
body. The members of it act separately under instructions
from their respective governments and their duties are ordinar-
ily confined to dealings with the government to which they
are accredited. Unless acting under special instructions from
his government the intercourse of an ambassador with mem-
bers of the diplomatic corps from other countries is social
rather than official. Nevertheless, matters of general interest
are often discussed informally by members of the diplomatic
body and to the interchange of their personal views many of
the general conferences owe their origin. These have been
called by the government of one or another nation and attended
by plenipotentiaries of such and so many states as see fit to
respond, there being no obligation on any of them to respond
to the invitation. As a result of conferences so called and of
the conventions agreed on and ratified in due form a number of
international governmental agencies with well defined func-
tions and continuing powers have been established at different
places.

The International Bureau of Weights and Measures estab-
lished at Paris under the treaty of 1875 called for an initial
outlay of 400,000 francs for building and equipment and an
annual expenditure of not exceeding 100,000 francs. Within
its limited sphere the Bureau acts and speaks for all the nations
that have joined in its creation and support. The distribu-
tion of the small burden of expenses is based on population
expressed in millions among the countries divided into three
classes ; those in which the use of the metric system is obliga-
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 423

tory multiplied by three, those in which it is optional by
two, and the others by one. The operations of the bureau are
under the direction and supervision of an international com-
mittee composed of fourteen members, which in turn is under
the control of a general conference of delegates of the govern-
ments which are parties to the convention.

The International Postal Union with its Bureau at Berne is
peculiar in the principles of its organization and operation in
several ways: It connects a great department of each gov-
ernment with a like department of every other government; it
authorizes these departments to deal directly with each other
without the intervention of either the foreign office or the
diplomatic ¢orps; it allows the postal administrations to confer
with each other and make changes in the regulations governing
the international service; it provides for the division of the in-
come from a continuing business in a most surprisingly simple
and satisfactory manner; it also apportions the burdens of the
service in like manner; it is a great international department
of government for a world that as yet has no general govern-
ment; its general office is the International Bureau of the Uni-
versal Postal Union at Berne, the ordinary yearly expenses of
which are limited to 125,000 francs, irrespective of the special
expenses of meetings of a congress or conference. It seems al-
most incredible that so small a sum can be made to defray the
expenses of this service. This expense is apportioned among
the nations divided into seven classes. Loose as the bonds hold-
ing this organization together appear to be they have stood the
strain of the great war and at its conclusion the exchange of
mails goes on as before without any need of change in the
system. The Universal Postal Union seems to be as firmly es-
tablished as any existing governmental structure.

The International Bureau of the Telegraph Union also has
its seat at Berne. By the conventions of Berlin, November 3,
1906, and London, July 5, 1912, radio telegraphy was placed
under its supervision with a limitation on the expenses of the
Bureau in connection with this service to 80,000 francs per
year. International supervision of the service of the wireless
telegraph is even more imperative than of the transmission
424 INTERNATIONAL RELATIONS

of mails, and this international organization appears to be a
permanent one, subject however to changes and modifications.

Connected with the Foreign Office of the Government of
Belgium two international bureaus have been established: one
under the General Act for the Repression of the African Slave
Trade; the other under the convention providing for the pub-
lication of customs tariffs. The latter provides for an esti-
mated expenditure of 125,000 francs per year. The Slave
Trade Act also provides for an international office at Zanzibar.

The International Institute of Agriculture with its seat at
Rome is another governmental organization joining all the
nations for the performance of a limited, though very useful
service. It is declared to be a permanent institution, organized
with a general assembly of representatives of all the adhering
governments. The expenses are paid by the nations divided
into five groups with units of assessment ranging from one
to sixteen and are not to exceed 2,500 francs per unit.

Paris has a second permanent international bureau, that of
Public Health. Its purpose is to collect and distribute infor-
mation relating to public health and especially to infectious
and contagious diseases. The annual expenses of it are esti-
mated at, but not strictly limited to 150,000 francs.

All the foregoing organizations are designed to be world
wide in their operations and some of them are so in fact. The
Western Hemisphere maintains three bureaus, one at Washing-
ton, one at Habana, and one at Rio de Janeiro. These dis-
charge useful functions under the treaties above mentioned but
their operations are intended to be confined to America.

The great Hague conferences established one international
organization which may in time prove to be at least the begin-
ning of the most important of all, the Court of Arbitration,
with its permanent Bureau and Administrative Council at The
Hague.

Aside from these organizations with local home establish-
ments there are others of importance: The Permanent Inter-
national Commission of Congresses of Navigation; The In-
ternational Geodetic Association; and the International Prison
Commission. All these are designed to serve all the nations
and to promote concord among them.
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 425

Neither of the above mentioned establishments exercises any
arbitrary or sinister governmental power. They serve only
such nations as desire and accept their services. They have no
power to compel the observance by a nation of any rule, how-
ever necessary, yet the manifest advantages resulting from
compliance with them affords all needed sanction for their
observance. This staternent applies, however, only to the
operations of the international establishments. It does not
apply to the rules of conduct prescribed by the great con-
ventions relating to navigation, to sanitation, to the slave
trade, to property rights, to salvage or to the performance by
any nation or by any person of any duty imposed by a treaty or
convention. The Hague Tribunal can act only when both
parties to a controversy agree to submit their dispute to its
determination. Having decided the case it has no power to
enforce its judgment. Yet the advantages of the system of de-
termining controversies by the judgment of impartial arbitra-
tors are so great that no people ought ever to prefer a resort
to war.

SUCCESSES AND FAILURES OF THE GENERAL WELFARE
“4 CONVENTIONS

The first of the general welfare conventions to which atten-
tion has been called is that signed at Geneva in 1864 for the
Amelioration of the Condition of the Wounded in Time of
War. This convention was not promulgated in the United
States until 1882, nearly four years after the promulgation of
the treaty creating the Bureau of Weights and Measures. It
is only a little more than forty years since the United States
first took part in this kind of general international legislation.
Since then the negotiation of general international conventions
has proceeded at a rapidly accelerating pace. These conven-
tions may be divided into two general classes, those relating to
war or its incidents and those that do not.

The conventions relating to war may be subdivided into
those designed to prevent war and those designed to mitigate
its barbarities. In these the only measures proposed prior to
426 INTERNATIONAL RELATIONS

the great war for the purpose of preventing war were arbi-
tration, commissions of inquiry, mediation and good offices.
That these alone are insufficient to prevent a nation armed and
resolved on war from carrying out its purpose has been demon-
strated very conclusively by the course of events in Europe
and Asia since the first Hague Conference. All thoughtful
men and women realize that far more thorough and drastic
measures must be applied if wars are to be prevented. Media-
tion and good offices have never been put forward as of any
compelling force, but only as a means of conciliation under
favorable conditions. More has been hoped from arbitration,
but it has been demonstrated, if demonstration were néces-
sary, that it also is wholly dependent on the consent of the
parties. To be effectual arbitration must not only be compul-
sory, but the conditions which render wars practicable must
be prevented. Compulsory arbitration by a nation provided
with a great army and navy, fully equipped and ready for.
war, can be nothing less than war waged by the supervising
power to compel submission to arbitration. The formality of
agreeing to arbitrate and selecting the judges will always stand
as a serious obstacle to anything like the judicial administra-
tion of international law. Within each nation courts are con-
stituted in advance and their jurisdiction defined. Either party
to a controversy may invoke judicial determination of the
matter in dispute not only without the consent, but in spite of
the opposition of, the other. To summon a great and power-
ful nation into court to answer the complaint of another. may
appear inconceivable to those accustomed to the exercise of ar-
bitrary power backed by military force, but when once all
nations agree to be under instead of above the law, the strength
or weakness of a party to the controversy becomes unimpor-
tant. A court, to be worthy the name, must enforce the law
against the most powerful just as it does against the weakest
litigant. It ought to occasion no feeling of humiliation for any
nation to submit any question of law or treaty obligation, or
of controverted fact, to the decision of an impartial tribunal.
Where the alternative of such submission is offered there can
be no possible justification for resorting to war instead. The
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 427

more powerful the nation the less its justification for resorting
to force. The practical difficulties connected with the selection
of judges for a world court are not essentially different from
those connected with the organization of national courts, but
to overcome initial suspicions and jealousies and secure that
feeling of confidence and security which is essential in the
judicial determination of controversies will require time and
the most ample publicity in all the proceedings of the court.

But a court cannot deal successfully with questions that in
their nature are not justiciable. Political questions to which
no clearly defined rules of law are applicable must be settled
by representative bodies constituted for the purpose of dealing
with such questions. Questions of autonomy, separation, com-
bination, guardianship, armament and policing, should be de-
termined by a representative body capable of giving expres-
sion of the combined judgment of all the nations as to the
policy as well as the rightfulness of the measures proposed.
Whatever the nature of the question raised, it can be disposed
of better by the application of the impartial judgment of
representatives of all the nations than by war.

The failure of the Hague Conventions to provide effectual
means for the prevention of war is apparent. At the time these
conventions were framed the nations of Europe were, and
for many years had been, preparing for the great struggle that
has just ended. Germany refused to reduce its armament and
labored strenuously to increase it. All the other nations
deemed it necessary to be prepared to meet force with force.
Alliances had been formed with well defined warlike purposes.
America stood aloof from European policies, confident that
it was not concerned in them. The war, however, has demon-
Strated that all the nations are interested in the maintenance
of peace everywhere.

The Red Cross organizations which have come into being
pursuant to the Geneva conventions have accomplished very
much good both in war and in peace. Their work has been val-
uable, not merely in the relief afforded to those in distress, but
also in the educational influence they have exerted for the aid
of the unfortunate under all kinds of calamities. While the
428 INTERNATIONAL RELATIONS

work of these organizations has not been discredited by the
events of the war, the conventions designed to give them protec-
tion in their humane work have proved ineffectual in many in-
stances. Hospitals, ambulances, surgeons, nurses and other
persons employed in red cross work at the front have been
subjected to substantially all the dangers encountered by the
fighting forces. Civilians, male and female, have been deported
from their homes and practically enslaved. Private property
has not been respected, churches, public edifices, works of art,
and private homes in untold numbers have been ruthlessly de-
stroyed. Bombardments from the air and long range guns have
been directed against the defenseless men, women, and children
in their homes; poisons, gases, and liquid fire have been used
without limit against the opposing army; passenger and mer-
chant ships have been sunk without warning and peaceful neu-
trals in large numbers sent to watery graves. The laws of
blockade and contraband, of capture and prize, of neutral and
belligerent rights on sea have been utterly disregarded. Sen-
nacherib, Saladin or Genghis Khan would have been appalled
by the frightfulness of the warfare of professed Christians in
the twentieth century. The efforts of the Hague Conferences,
and the conference at London which resulted in the Declaration
concerning the laws and customs of naval warfare to prescribe
limitations to war’s barbarities, have not only failed to diminish
the needless evils of war, but have been followed by greater
disregard of all humane restrictions on the incidents of war.
It now appears to be unwise to waste time attempting to limit
the savage incidents of war. Real substantial progress must
be sought through some organization or agency designed to
and interested in preventing war itself. It seems manifest that
to accomplish the result the organization must include all the
civilized nations of the world, or at least enough of them to
express and enforce the combined will of a vast majority of
all the people. Whatever just criticisms the proposed con-
stitution of the league of nations may be subject to, the peace
conference at which it has been formulated marks the opening
of a general study by the responsible heads of the nations of
the world of practical measures for the prevention of war. It
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 429

is self-evident that a first step toward the definite end of
preventing wars is agreement among the nations on the desira-
bility of the end, and a second is the acceptance by them of
some plan to accomplish it. Educational influences acting
throughout the entire world will be necessary in making any
plan or combination efficient. In order to invoke these influ-
ences there must be presented for consideration by all people
not merely the ideal of a world made up of nations dwelling
in peace and harmony with each other and only combining for
mutual benefit, but also a clearly defined and efficiently organ-
ized system of universal agencies designed and empowered to
police the world, preserve the peace and promote the general
welfare. While governments which have succeeded in estab-
lishing and maintaining peaceful relations among the people in-
habiting large portions of the earth are the only available
models for the greater combination including the whole earth,
they deal with a multiplicity of subjects that need no con-
sideration by the world organization.

In all ages of the world, in all stages of civilization, the
method of preserving internal peace has been by the interpo-
sition of public force between private disturbers of the peace.
In crude societies and petty despotisms law is merely the will
of the ruler which he enforces through the agencies at his
command. In advanced societies laws are enacted by law-
making bodies, which are construed and applied to controver-
sies as they arise by the judges in the courts, and their judg-
ments are carried into effect by the executive force. To the
successful working of this system it is esesntial that the laws,
if not really just, be such as accord with the prevailing views
of justice among the people concerned. In order that the
courts may successfully perform their functions it is neces-
sary that litigants have confidence in the integrity and capa-
city of the judges. If they have this in full measure there is
little need of executive force to carry their judgments into
effect. Judgments of the Supreme Court of the United States
even in controversies between the great states of the Union are
accepted as final and conclusive and faithfully carried out with-
out any application whatever of physical force. The Judicial
430. INTERNATIONAL RELATIONS

Committee of the Privy Council of Great Britain desides ques-
tions arising in the colonies and dependencies of the British
Empire in all parts of the world. These decisions are also
respected by all parties interested and carried into effect with-
out the use of force. English-speaking people everywhere are
accustomed to submit to the judicial determination of all their
controversies. Differences in race, language, religion and
laws render it far more difficult to construct a world court
which will inspire general confidence throughout all the nations
than to establish a satisfactory court in a nation of homoge-
neous people. But no other peaceful method of settling dis-
putes has ever been devised, and experience proves that this
system is practicable and can be made thoroughly efficient.
A judicial system for the determination of questions be-
tween nations having been established, the war and navy de-
partments of each separate nation must eventually shrivel and
contract into mere police organizations for the preservation
of internal peace. The monstrous diversion of men and means
from peaceful activities which military and naval establish-
ments have required in recent years will then cease. The gen-
eral league when extended to include all the countries will have
no need of war and navy departments. Executive functions
will be shorn of their most prominent attributes, and reduced
to police supervision and the execution of general welfare
measures designed for the benefit of all. Growing commerce
and increasing enterprises in which two or more nations are
concerned will continue to demand with more and more earn-
estness, clearness and definiteness in international law. Ques-
tions strictly justiciable in their nature will multiply and give
constant employment to international courts. Modern inven-
tions bring all the peoples in close contact with each other and
call for international codes regulating their use. World gov-
ernment is demanded by the spirit of the times, but not the
world government of ambitious rulers. On the contrary it has
been necessary to do away with all forms of arbitrary, irre-
sponsible rulership, and substitute public agencies which merely
execute the will of the people they serve. The great purpose
of the league of nations is to afford the people of each and
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 431

every country full security against aggression in the place of
the delusive safety their armies and navies have afforded them
in the past. The ultimate guarantee of this security must come
from universal recognition by all people of the moral and
material soundness of the principles and purposes of the league.

The conventions which have no relation to war afford a
far more cheerful subject for consideration. When it is con-
sidered that there has been no superior force to compel ob-
servance of them and that their execution has rested solely on
the good faith of the parties it is most cheerful and encourag-
ing to observe how well each nation has adhered to its agree-
ment and how much of benefit has resulted to all concerned.
The convention of 1875 which established an international bu-
reau of weights and measures at Paris and provided standards
and prototypes of weights and measures for the metric system
which is in use throughout continental Europe and other coun-
tries is a very necessary measure to preserve uniformity in
the basis of all computations and transactions. This conven-
tion has been ratified and proclaimed by the United States,
and Congress under the powers conferred on it by the Con-
stitution has sanctioned the use of the metric system in this
country, though it has never come into general use in commer-
cial transactions. A table showing the equivalents of the
weights and measures of the metric system expressed in the
denominations in use in the United States is established by
law. In this manner the standards and prototypes preserved
by the International Bureau at Paris become the ultimate stan-
dards for our own system of weights and measures. The acts
of Congress do not interfere with the use of the denomina-
tions with which the people are familiar, and, notwithstand-
ing the far greater simplicity and convenience of the metric
system, comparatively few people in the United States know
much about it and the use of the old terms and units con-
tinues. England, though the leading commercial nation of
the world, still adheres to an even more awkward system not
only of weights and measures but also of money. The rea-

'L Revised Statutes of the United States, §§ 3560, 3570.
432 INTERNATIONAL RELATIONS

son why these countries still adhere to their unscientific sys-
tems is doubtless the practical difficulty which would be en-
countered in educating the people to comprehend the mean-
ing of metrical terms, and to be able to translate familiar
measures into new terms.

Very many separate treaties had been made between nations
for the protection of industrial property. The first conven-
tion joined in by a considerable number of states was that
concluded in Paris in 1883, and referred to above. Since then
successive conventions on the same subject were entered into in
1891, 1900, and 1911. The last of these was concluded at
Washington by representatives of twenty powers, including
all of the leading industrial nations. The first article of this
convention provides—‘“The contracting countries constitute
a state of Union for the protection of industrial property.”
The main purpose of all the conventions on this subject is to
encourage inventors and artists by granting them a monopoly
of their inventions and works for a limited time, and to pro-
tect merchants and manufacturers in the use of trade-marks.
Article 14 of the last one provides for periodical revisions of
the conventions by delegates appointed by the countries of the
Union. As the result of these conventions and the legisla-
tion in the respective countries on the subject there is quite
general uniformity in the law of all the leading countries of
the world relating to the matters covered by the convention,
each country according to citizens of the other countries such
protection is given its own citizens in consideration of like
protection for its citizens in those countries.

Pursuant to the convention of 1884 for the protection of
submarine cables and the subsequent agreements and protocols
on the subject cables have been laid connecting all the lead-
ing countries and instantaneous communication across the
oceans is carried on continually. No other instrumentality
has done so much to narrow the distance between remote na-
tions and facilitate the transmission of intelligence and the
interchange of views. Though the conventions entered into
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 433

are not universal they have been joined in by the leading
nations and have answered the main purposes for which they
were designed. Even the great war has caused little interrup-
tion in their use except by the Central Powers.

The general act of 1890 for the Repression of the African
Slave Trade has been entirely successful so far as the trade
by sea is concerned, and has taken away the main incentive
from the traffic on land. The market for slaves having been
cut off there is no longer any field for profitable operations by
the slave catchers, and little or nothing is now heard of their
operations. The moral sense of the civilized world found
expression in this convention and a marked advance in civili-
zation has resulted.

The convention of Paris of 1904 for the repression of trade
in white women is another practical expression of the general
sentiments of the nations on the preservation of morals and the
protection of the weak against very vile traffickers.

Among the most important and far-reaching in their ef-
fects of all the conventions are those designed to prevent the
spread of infectious diseases. The imperative necessity for
concerted action to accomplish the purpose is obvious. The
facts that these diseases originate among people whose medical
organizations are not of the best and are spread by religious
enthusiasts who rely for their protection more on the super-
natural than on scientific measures render it necessary for the
more advanced nations to act in concert and establish an effi-
cient system of sanitation for international travel and traffic.
The function of international sanitation can be efficiently per-
formed only by an organization backed by all the nations con-
cerned. The need is world-wide and perennial. Movements
from an infected country to an uninfected one, whether by
land or sea, require scientific supervision to prevent the spread
of the malady. It cannot be doubted that the world will de-
mand, not merely continuation of the measures prescribed by
the last of these conventions, which is copied above, but more
extended, thorough and universal organization for this pur-
pose. All the countries of the world are interested in pre-
434 INTERNATIONAL RELATIONS

venting the spread, not only of plague, cholera, and yellow
fever, but also of every other contagious or infectious disease.
All should join in establishing and sustaining an international
sanitary office with an ample medical staff and fully equipped
with every appliance and supply required for its work.

The good effects resulting from the measures taken in ac-
cordance with these sanitary conventions cannot be doubted,
nor can they be measured either in terms of money or of human
life. They have been obtained without the sanction of any
well organized governmental force having jurisdiction over
the sea. Thorough and efficient exectttion of sanitary mear-
ures in connection with all the travel and commerce of the
world requires adequate financial support of the establishment
and sufficient authority in its officers to enable them to enforce
necessary measures on unwilling people.

The International Institute of Agriculture performs a very
useful public service for nearly all the nations at very small
cost. For success in the performance of its functions it re-
quires and will continue to require the cooperation of all the
governments in gathering and disseminating information re-
lating to agriculture. It is a valuable public agency, inexpen-
sive, and exercising no governing functions.*

The General Act signed at Algeciras in 1906 stands on a
different footing from the other conventions we are con-
sidering. Its leading purpose was to remove causes of irri-
tation threatening the peace of Europe by intervening in the
governmental affairs of Morocco and providing for the organi-
zation and supervision of its police force. While the United
States is a party to this convention, it.expressly disclaimed
either the right or the purpose to interfere in the internal
affairs of Morocco. As the sovereign of the country was a
party to the convention there seemed to be no ground for ob-
jection to the arrangements provided for when they were
assented to by him. If the peace of the whole world is to be
maintained, similar arrangements will doubtless be required

8 Supra, p. 424.
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 435

in various countries which are inadequately organized for the
preservation of internal peace, but the objections to outside
interference in internal affairs are so fundamental that the
supervising force should only be called in in case of extreme
necessity and should be under the control of a general league
of all the nations.

Of all the conventions heretofore entered into as general
acts those relating to the safety of life at sea present most
clearly the need of international legislation by a body having
ample and continuing authority to make laws for the ocean and
enforce them against the ships and people of all nations.
Mere ethical principles do not and cannot be made to supply
the rules needed. There must be positive conventional laws of
conduct clearly expressed and strictly enforced. The mere
purpose on the part of every master of a ship to do what is
right to avoid a collision amounts to little unless all the mas-
ters learn and follow prescribed rules of safety, by the ob-
servance of which danger will be avoided. Appreciating this
necessity, the leading commercial nations have enacted the
regulations of the international conventions into municipal
law, to be enforced on their own citizens under the sanction of
adequate penalties for violations of them. Notwithstanding
these enactments the need of unified authority is apparent.
New inventions make new rules or modifications of old ones
desirable. A single central authority representative of all
-parties concerned with full power to act finally for all is
needed. Legislation for the ocean should be enacted by a body
having governmental powers over the ocean. The laws it
enacts should be binding on all people and enforceable as such.
How far its authority may be safely and beneficially extended
over interior waters and ports is open to serious question, but
it would seem clear that.it should extend over all the open sea
to the three mile line from the coast. It should have ample
power to do all that may reasonably be done to make naviga-
tion safe by the destruction of derelicts, by safeguarding
against icebergs, by providing lights and signals in places of
danger, and by removing obstructions to navigation wherever
practicable.
436 INTERNATIONAL RELATIONS

Laws of the sea having been established by international
authority, there should be courts empowered to enforce them
directly on navigators of all nations. Controversies are quite
as likely to arise between ships sailing under different flags as
between those of the same nationality. Nationality of liti-
gants should not affect either the jurisdiction or the action of
the sea courts. Administrative bodies are needed to supervise
such public works as may be undertaken and to carry into
effect the measures of safety determined upon by the legis-
lative authority. The conventions relating to the sea are all
based on the fundamental principle of equality of right in the
people of all nations, and of full liberty to every ship to sail
where it will, provided that in so doing it does not interfere
with the safety or equal right of every other ship to do the
like. The principles on which they are based are sound, and
the conventions themselves are not open to serious criticism
in their essential features. The lack is of universality of appli-
cation of their rules and of judicial and administrative forces
to compel their observance.

That they have proved of the highest value is obvious. No
sane man would think of dispensing with them.

Of all the international undertakings the postal organiza-
tion is by far the greatest and most successful. The business
of the International Postal Union is that of a common carrier
with some of the functions of a banker added. In its
nature it is much more a business organization than a govern-
mental one, yet the business of handling the mails is every-
where carried on by the government. The Universal Postal
Union unites the postal administrations of all the nations of
the world in an organization for the transmission of mail
throughout all countries that are sufficiently organized to main-
tain the postal service. A single stamp of the required de-
nomination may be procured at any postoffice in any country,
which, when affixed to a letter or parcel, will indicate the pre-
payment of all charges for its transmission and delivery at
the place indicated by the address.

The first beginnings of postal service seems to have been
as an organization for the transmission of public dispatches.
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 437

Such organizations were maintained by the ancient Persians,
Romans and Peruvians, and by the Chinese under the Manchu
dynasty. In Great Britain the service was farmed out at
£10,000 a year in 1653. Postal service was established in the
colonies by the British government, but had not attained a
high degree of efficiency before the revolutionary war.
Prior to 1693 the postal service in the American colonies was
carried on by the towns and villages. From that year till
1707 it was farmed out to Thomas Neale under a patent from
the King. Andrew Hamilton, having been appointed Post-
master-General of America, established a weekly service from
Portsmouth, N. H., to Virginia. In 1707 the entire postal sys-
tem of America was placed under the supervision of the
General Post-Office in London with John Hamilton, son of
Andrew, as Postmaster-General of America at an annual salary
of £200. In 1753 Benjamin Franklin and William Hunter
were appointed joint Postmasters-General. In 1763 America
was divided into two postal districts, northern and southern.
Regular packet mail service was established between Falmouth,
England, and New York in November, 1755, and continuously
maintained thereafter. In 1773 the mail between New York
and Philadelphia was carried every other day and between New
York and New Hampshire every third day. About this time
free delivery was introduced in Philadelphia. Franklin was re-
moved from his office as one of the Postmasters-General by the
British Government in 1774, and on Dec. 25, of the same year
Foxcroft, who had succeeded Hunter, announced the end of the
British postal system in North America. On July 26, 1775,
nearly a year before the declaration of independence, the Con-
tinental Congress appointed Benjamin Franklin Postmaster-
General of the Colonies. When Franklin went to Europe in
1776 his son-in-law Richard Bache succeeded him as Post-
master-General. The American Post-Office Department was
established by the ordinance of October 18, 1782, which re-
quired the prepayment of postage in silver and admitted news-
papers to the mails. Ebenezer Hazard was appointed Post-
master-General and under his administration an American At-
lantic service was established and the domestic service extend-
438 INTERNATIONAL RELATIONS

ed so that, at the end of his term in 1789, there were 85 post-
offices in the country, 2,399 miles of post-roads and an annual
volume of business of about 300,000 letters. Prior to this
date the mails had been carried almost entirely on horseback.
In 1785 Congress gave the Postmaster-General power to make
contracts for the transmission of mail by stage-coach. The
law permanently and definitely establishing the Department
was passed May 8, 1799. A service between Baltimore and
Philadelphia in coaches owned by the Government was ¢s-
tablished in 1811. Two years later the Postmaster-General
was authorized to make use of steamboats in the transportation
of the mails. From this time on the development of the ser-
vice was rapid and continual. The money-order system was
established on May 17, 1864, and the special-delivery on Octo-
ber r, 1883. The money-order system was in use in Europe
before its adoption in the United States. Rural free-delivery
was begun in 1897.° Postal cards were authorized by the
act of June 8, 1872, and were first issued during the following
year. In the century from 1800 to 1900 the revenue of the
Department grew from $280,806, in 1800 to $102,354,579 in
1900 and the expenditures from $213,449 in 1900 to $107,-
740,267 in 1900. The increase in the following decade was
far more rapid and in I911I the gross revenue was $237,
879,823, and expenditures $237,648,926.°

The rates of postage fixed by Congress in 1789 were for
single letters under 60 miles, 7.4 cents; between 60 and 100
miles, 11.1 cents; between 100 and 200 miles, 14.8 cents; and
3.4 cents for each additional 100 miles. A little later a fee of
two cents was added for the delivery of letters. In 1814 rates
were increased fifty per cent but the former rate was restored
in 1816. In 1845 postage was placed on a weight basis,
five cents for less than one-half ounce for distances not ex-
ceeding 300 miles. The rate was reduced in 1851 to three
cents per half ounce for distances less than 3,000 miles, The use
of postage stamps was authorized by the act of March 3, 1847,
and prepayment has been required since 1855. The rate was

5 Messages and Papers of the Presidents XJ, 691.
6 Statistical Abstract of 1911, 749.
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 439

reduced to two cents per half ounce on October 1, 1883, and
on July 1, 1885, the unit of weight was made one ounce instead
of one-half ounce on first class matter and one cent a pound on
second class matter. Postoffices at Astoria, San Diego, Mon-
terey, and San Francisco were established in 1847 and 1848,
and the rate of postage between the Atlantic and Pacific coasts
was fixed at 40 cents.” By the act of October 3, 1917, rates of
postage were increased to three cents an ounce on first class
matter, and increases were also made in the rates on second
class matter, but the two cent rate on letters was restored July
I, 1919. Five cents per half ounce is now the general rate
between all countries of the postal Union. It will be seen
that the rate on letters to the most remote parts of the world is
less than it was for distances under 60 miles under the act of
1789.

The interchange of mails between the nations had made
much progress before the first general convention was entered
into. Many separate treaties and agreements between the
different countries and postal administrations had been entered
into. The organization of the Universal Postal Union came
about quite naturally for the purpose of linking all the separate
administrations together, expediting the international service,
simplifying the system of accounting, making rates uniform,
apportioning the transportation expenses, distributing the re-
venue derived from the service and changing and improving the
system according to changes in conditions.

The first step toward the formation of a general postal
union was taken at the suggestion of the Postmaster-General
of the United States during the civil war, and is mentioned in
“the message of President Lincoln of December 8, 1863, as
follows: “The international conference of postal delegates
from the principal countries of Europe and America which was
called at the suggestion of the Pastmaster-General met at
Paris on the 11th of May last and concluded its deliberations
on the 8th of June. The principles established by the con-
ference as best adapted to facilitate postal intercourse between
nations and as the basis of future postal conventions inaug-

7 Messages and Papers of the Presidents XI, 697.
440 INTERNATIONAL RELATIONS

urate a general system of uniform international charges at
reduced rates of postage and cannot fail to produce beneficial
results.’”*

_The next step was the Postal Congress at Berne of which
President Grant says in his message of December 7, 1874,—
“An international postal congress was convened in Berne,
Switzerland, in September last, at which the United States
was represented by an officer of the Postoffice Department of
much experience and qualification for the position. A con-
vention for the establishment of an international postal union
was agreed upon and signed by the delegates of the countries
represented, subject to the approval of the proper authorities
of those countries.’

Subsequent postal Congresses were held and conventions
signed at Paris, May 1, 1878, at Lisbon, Portugal, in February,
1885, at Vienna, July 4, 1891, and at Washington, June 15,
1897. In his message of December 7, 1896, President Cleve-
land called the attention of Congress to the convening of the
Congress at Washington and said: “The Universal Postal
Union which now embraces all the civilized world and whose
delegates will represent 1,000,000,000 people will hold its fifth
congress in the city of Washington in May, 1897. The
United States may be said to have taken the initiative which
led to the first meeting of this congress at Berne in 1874, and
the formation of the Universal Postal Union which brings the
postal service of all countries to every man’s neighborhuod
and has wrought marvels in cheapening postal rates and
securing absolutely safe mail communication throughout the
world. Previous congresses have met in Berne, Paris, Lisbon.
and Vienna.’*°

It thus appears that in the period from 1874 to 1896, only
twenty-two years, a complete organization throughout the
whole world was effected. The Convention signed at
Rome on May 26, 1896, marks the substantial com-

8 Messages and Papers of the Presidents, V, 3387.
®9Td. VI, 4250.
101d. VII, 6164.
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 441

pletion of the world organization. It is unique in many re-
spects. It is the first world-wide combination ever perfected ;
it reaches not merely all the governments of earth with its
service, but the individual citizens of all the countries; it is
uniform in the service it affords under like conditions and in
the charges imposed for each like service; it is simple in the
principles it applies, but extremely complex in the details of
its operations; it makes use of the best facilities available for
the particular service; it makes the rates of postage as nearly
as possible the bare cost of the service; it binds each nation to
do its part in the transmission of the mails, whether its na-
tionals are interested in the particular service or not; all must
cooperate and each must do its alloted part in carrying out the
great undertaking.

The principles of the Postal Union appear to be applicable
to the transmission of communications by telegraph and tele-
phone as well as of mail. Many nations do in fact operate
these utilities, but they have thus far been in private hands
in the United States. It is impossible to draw a clear line of
demarkation between the service of the parcels post and of the
common carrier of merchandise. There are many practical
difficulties in the way of extending the postal service to include
all kinds of merchandise in unlimited quantities, yet such
service is not essentially different in its nature from that
afforded in the receipt, carriage and delivery of the mails and
parcels. Asa result of the great war the nations have been
compelled to supervise to a great extent the distribution of
food in the countries devastated by war. It has been deemed
necessary to do this in times of peace when a country has been
theratened with famine through failure of its food crops. If
the transportation service for merchandise could be organized
and conducted throughout the world on the same principles
and with the same efficiency as is now afforded by the postal
service, many problems relating to supplies of food, of manu-
facturer’s materials and of markets for surplus products of all
kinds would be greatly simplified. Uniformity of transpor-
tation charges would tend to uniformity of prices.

By means of international money orders funds may be sent
442 . INTERNATIONAL RELATIONS

-

to most of the countries. The sum to be transmitted is fixed
arbitarily by the regulations. No well defined principle would
seem to indicate that the system may not be indefinitely ex-
tended until it covers the whole field of foreign exchange.
Postal savings banks add to the local importance of the postal
service but as yet perform no international functions.

The inherent goodness of the international postal organiza-
tion is such that, notwithstanding the destruction and bitter-
ness of feeling engendered by the great war, at its conclusion
the mail service is at once resumed as fast as order is restored.
The domestic administration of each country connects its ser-
vice with that of its recent enemy and this one function of
government again becomes world-wide in its efficiency.

NATIONAL ExPANSION

The face of the earth is not apportioned among the nations
on the basis of population or with special reference to their
requirements. The possessions and boundaries of a nation
are in very large measure determined by its military opera-.
tions, its diplomacy and its colonial policy. The density of
its population depends not so much on the fertility of its soil
as on the genius of its people and the nature of its industries.
Manufacturing and trade tend to concentrate population in
cities because very little ground is needed for their operations.
It is necessary, however, that they have markets for the sale
of their products and adequate sources of supplies. These may
be found either within or without the political dominion of
their government. The fear of unfriendly legislation by other
nations with whom they trade has led most European nations
to seek territorial extension over agricultural and mineral
lands, so that the political organization may be able to protect
the industrial enterprises. The desire of each nation to be
self-sufficient appears on first impression to be natural and
reasonable, but it so appears only because the importance of
political functions is grossly exaggerated and the inherent
strength of the bonds of common interests and mutual welfare
overlooked or underrated. It is natural that the political
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 443

heads of states should feel a burden of responsibility for the
prosperity of all their people and of their business enterprises,
and that they should desire such extension of their territorial
dominions as will enable them to act efficiently. In dealing
with other sovereign powers they find themselves confronted
with conflicting views of interest, if not in fact with real
conflict of interests. Dealings between the nations are de-
pendent in great measure on governmental policies. Trade
regulations and restrictions may take the form of taxation of
imports or exports, or of the prohibition of exportation or im-
portation of designated articles of commerce. In recent years
commercial treaties have done much to remove unreasonable
burdens and hindrances of commerce, but the doctrine of
absolute sovereignty over a definite portion of the earth, with
power to adopt a hostile commercial policy at any time, causes
continuing anxiety and desire for increased security.

The desire for an outlet for surplus population does not
exert such a potent influence in favor of territorial expansion
as might be expected. During the recent years of great
military and naval establishments the desire of the most
populous nations has been to add to their population and mil-
itary force, rather than to encourage emigration. By extension
of trade an increased population may be supported. So the
nations of Europe seek not only agricultural districts in
sparsely peopled regions in America and Africa, but political
power in the densely peopled parts of Asia with which a
profitable trade may be carried on.

It cannot be truly said that any European nation now has
difficulty in finding an outlet for its surplus population.
America, North and South, opens its doors to all Europeans
on the most liberal and attractive terms, but to take full and
permanent advantage of this outlet, the population of Europe
will be diminished and that of America increased. National
strength will be diminished by emigration and increased by
immigration. Statesmen therefore desire increase rather than
diminution of the numbers of their people.

The situation of Japan and China is somewhat different.
Race differences and materially different habits and customs
444 INTERNATIONAL RELATIONS

prevent that degree of cordial welcome to them in America
that is extended to Europeans, who are oi the same stock
as the people of America. This has led to restrictive legis-
lation and treaty provisions denying the Asiatics free and un-
limited access to this continent. Japan has of late made very
rapid progress in the extension of its manufactures and trade,
and appears to be rapidly increasing in prosperity. China has
its congested districts, overcrowded with people, but it also
has vast undeveloped resources, quite ample for the needs of
all its people when properly utilized with the aid of modern
machinery and transportation facilities. India also has its
congested districts and its waste places. Its system of castes
interposes a very serious obstacle in the way of industrial or-
ganization in accordance with western ideas. It is still, as in
the earliest dawn of history, a country of vast weath and re-
sources and of much poverty and distress. In spite of re-
ligious differences the British Government has not only been
able to maintain its political dominion over the whole country,
but has been able to draw very substantial aid in men and sup-
plies to carry on the great war.

England has acquired ample dominions beyond the seas;
France has great possessions in Africa and Asia; the Nether-
lands has very rich possessions in Java and the East Indies; and
other European states have valuable territories in distant lands.
Russia before the revolution had vast undeveloped natural
resources and ample room for the expansion of her population,
but the interior states of Europe looked to their immediate
neighbors for increase of their possessions. Turkey, the
Balkan States, Greece, Italy, Hungary, Poland, Bohemia, and
numerous other nations that have now or at times past had
more or less extended sovereignty, are and must be limited in
their territories by the boundaries of their neighbors. From
the most ancient times their rulers have waged war with each
other for the extension of their power, but no effort, no effu-
sion of blood, avails to add a foot of territory to the aggregate
possessions of all of them. Doubtless the people of these states
have believed that they were vitally interested in increasing the
dominions of their rulers. Apparently they were so while
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 445

the doctrine of absolute, independent sovereignty obtained,
unmitigated by any general combination of all of them to pro-
mote the general welfare.

Commercial nations find that to attain the maximum pros-
perity they must be permitted to buy and sell in every part of
the globe. Each country has its peculiar products and its spe-
cial needs. Those engaged in the same line of production must
often resort to others in the same line for supplies when their
own crops fail. Maximum prosperity for all is only possible
when the resources of all are fully utilized and their products
distributed where they are most needed. Moral and material
progress for the world do not lie along the line of extension of
the political power of any nation, but of the curtailment of
political powers in the separate nations and more extended
combinations for mutual benefit and general welfare. The
discords and wars between nations are in most cases the result
of conflicting ambitions for power and desire for commercial
advantages. Rome broke down the barriers in Europe and
around the Mediterranean Sea by extending its dominion over
all, but since its disintegration no other nation has succeeded
in acquiring like dominion in Europe, though the areas of the
British and Russian Empires throughout their whole extent
were, prior to the war, much greater than that of the Roman
ever was.

All the nations of Europe cry for expansion, and feel the
stifling restrictions of national boundaries. Throughout all
the centuries they have looked to the extension of their own
political dominion for relief, and have waged numberless wars
to gain this end, the main result of all of which has been
misery and disappointment. It is clear that they have failed
to choose the right road. The extension of the political power
of one people over another is not even an approach toward
the coveted goal. The real need is that each and every nation
shall be shorn of its powers of aggression. Instead of fortify- .
ing the boundary lines and interposing barriers between nations
the welfare of all demands that they be removed and increased
facilities provided for crossing the borders. Railroads, wagon
roads, bridges, telegraphs, telephones, and all other aids to
446 INTERNATIONAL RELATIONS

commerce and social intercourse should be provided to promote
the general welfare of all and to break down the obstacles
which political isolation interposes. The little interior states
of Europe feel the constant pressing need of supplies from
without: coal, iron, cotton, wool, and other raw materials for
their industries, as well as food supplies for their people. No
mere extension of a national boundary over a neighbor’s land
answers the full purpose. A full measure of prosperity de-
mands free access to the markets of the whole world. This
can not by any possibility be secured in any other way than
by the friendly accord and cooperation of all the peoples.
War anywhere affects the people of every country in greater
or less degree. Every exchange of a surplus product of one
country for the surplus of needed supplies produced by another
is a net gain to both of the whole value of both products, less
the costs of transportation and exchange. Mutual benefit, not
the mere advantage of one party to the transaction, is the basis
of all commerce. All the nations are interested in its pro-
motion, and also in the increase of production of useful things
everywhere. No more than the grand total of all that is pro-
duced can be distributed, and free access to the people of
every nation must be open if the surplus from each district is
to be made available to those who need it most.

Treaties and conventions dealing merely with the distribu-
tion among sovereignties of political power and dominion
make no appreciable progress toward the desired end. The
world-old ideal of supreme, ultimate, and absolute sovereignty
in the government of each district of the earth must be aban-
doned, and in its place must come the ideal of universal good
will and mutual help. Along these lines all nations may freely
expand without encroachment on each other. The Interna-
tional Postal Union is a pioneer organization of the kind
needed. It performs no political function, but ministers to
the welfare of every nation, and is by far the greatest public
agency that ever was established. The secret of its success
lies in the moral and economic soundness of its purposes. The
principles of its operation are applicable to all lines of com-
mercial intercourse between peoples. Instead of directing the
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 447

energies of the governments of nations to the futile effort to
gain prosperity by war’s destruction, they should be directed
to the promotion of commerce, good relations, and the general
welfare. The last half century has witnessed remarkable
progress along these lines. The general welfare treaties and
conventions above reviewed and the recent treaties by which
the great war has terminated indicate what has been accom-
plished. The advantages that have accrued to the people of
the states of the American Union from the renunciation of
a part of their claims of separate sovereignty and the com-
bination of the powers of all of them for general purposes are
manifested in many ways, but in none more than the oblitera-
tion of all state barriers between their citizens in their social
and business intercourse. It cannot be doubted that similar
advantages would accrue to the states of Europe from the re-
moval of the obstacles which their. national boundaries oppose
to their intercourse with each other.

In the United States we still have as firmly fixed and definite
boundaries between the states as the European nations have,
and they are necessary and serve many useful purposes. The
separate states regulate their local affairs in their own way
and are governmental units with clearly defined territorial
authority. State boundaries may be even more necessary and
important in Europe, where differences in race and language
accentuate their political separation, but the fundamental needs
of the abdication of ultimate sovereignty and the transfer to
a central authority of the power to adjust and settle all con-
flicting claims between them as to territory and boundaries is
equally clear and imperative. The United States was pos-
sessed of a vast unsettled region of rich land. As it has been
taken possession of by settlers new communities have been
organized and have asked for recognition as states. The Con-
gress is vested with power to provide for their organization
and to admit them into the Union with exactly the same rights,
powers, and privileges as those enjoyed by the original states.
By this process the number of states has been increased from
13 to 48, covering all the contiguous territory of the nation,
and leaving only Alaska and the insular possessions without
such organization.
448 INTERNATIONAL RELATIONS

There are in Africa, Asia and the East Indies vast regions in
substantially the same situation now as the western part of the
territory of the United States was a hundred years ago. These
regions now need policing while they are being developed into
civilized communities, and ultimate incorporation and recog-
nition as states on an equal footing with all the other states of
the world. Whence shall come this supervising power, and
what shall be the limitations of its authority? Manifestly not
from any one nor from any exclusive group of nations. Not
from any great combination of military power acting on the
claim that might makes right, but from the wisdom and con-
science of all the nations. By general agreement the settlement
of the purely political problems relating to autonomy and
boundaries of states may be delegated to a representative body
chosen in such manner, with such powers, and under such
limitations as may be fixed by the agreement. Perhaps it
would be best that this body have no other powers or functions
than these, and that the terms of service of the members of it
be very strictly limited. A body truly representing the senti-
ments of all the nations could hardly have any other motive
for its action than that of promoting the general welfare.
How can a better criterion of right be established than by
the judgment of all the nations expressed after consultation
with each other?

It may be, it doubtless will be, the case, that questions will
arise as to which no full agreement can be reached by all. The
question will then be presented whether a number less than the
whole shall have the power to make a decision binding on all.
In the United States the principle obtains that the majority
rules for the time being, and in many cases a minority cast-
ing a plurality of the votes has the power to act for all. The
evil consequences of wrong decisions may ordinarily be over-
come in great part by subsequent reconsideration of the ques-
tion when a nearer approximation to unanimity can be ob-
tained. So in the decision of all political questions affecting
the interests of all or many of the nations the vote of a maj-
ority or even of a plurality might well be allowed to furnish
a modus vivendi until a larger majority or unanimity can be
obtained.
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 449

Mutual agreement, wherever possible, is ordinarily the best
method of settling a controversy. The people directly con-
cerned usually have a more keen appreciation of the interests
involved than outsiders have. It is always of prime im-
portance to know the views and wishes of those most directly
interested in every question of autonomy or boundary before
attempting to settle it. Agreement should be obtained so far
as practicable, but when it cannot be obtained the representa-
tives of all should have power to determine the issue. The
earth is but just so big and its division among the people on it
must be effected by themselves in some way. It is clearly the
prime duty of the nations to provide the best agency they can
devise to partition the land among them as justly and wisely
as possible, leaving nothing to be gained by brute force or
unconscionable craft.

ALLIANCES PRECEDING, DuRING AND FOLLOWING
THE GREAT WAR

Notwithstanding the many conventions in which all the
leading nations of Europe had joined for the furtherance of
their common interests along peaceful lines there were sinister
alliances made in contemplation of war by which the leading
powers were divided into two groups, known as the Triple
Alliance and the Triple Entente; the former comprising Ger-
many, Austria-Hungary and Italy, and the latter France,
Russia and Great Britain. Germany was the dominant force
in the Triple Alliance, and in accordance with the traditional
policy of the Hohenzollern dynasty had during more than
forty years of peace devoted the energies of its government to
organization for war. The whole male population were trained
soldiers and most ample supplies of arms and munitions of all
kinds had been provided. Great attention was given to navi-
gation of the air, and the Zeppelin dirigible balloons were be-
lieved to be a valuable addition to the military force of the
Empire. Much progress had also been made in the construc-
tion of a navy, and especial attention was given to submarines.
Care had also been taken to extend the Prussian system of
military training to Turkey and Bulgaria and to procure the
450 INTERNATIONAL RELATIONS

appointment of German officers to commands in the Turkish
army. Of the nations of the Entente France had a well
trained and equipped army, much inferior in numbers to that
of Germany, and a fair navy; Russia had a vast but poorly
equipped army and a small navy, while Great Britain had a
vast navy and very small army.

Both of these combinations were in some respects illogical
and neither of them stood the strains of. war to its termination.
Italy declined to follow its allies into the war, and at first de-
clared its neutrality. It afterward made a secret treaty with
France and Great Britain and joined them against its former
allies. Turkey and Bulgaria came to the aid of Germany and
Austria-Hungary. Russia, the most absolute of all the military
governments, bore the greater part of the brunt of the war
during the first two years, but its alliance with the democratic
nations of western Europe was so illogical that German in-
fluences gained ascendancy in the councils of the Czar and the
Russian army ceased to be formidable. The revolution which
caused the abdication of the Czar on March 15, 1917, resulted
from the opposition of the Duma to a separate peace with Ger-
many. The Entente gained no substantial advantage from the
overthrow of the autocracy. The democratic government
formed at first gave way before the assaults of the radicals and
was followed by the dominance of the Bolshevik soviets and the
disintegration of the Russian State. The carefully planned
combinations, offensive and defensive, proved alike unstable
and inefficient.

The declarations of war by Austria-Hungary on Servia on
July 28, 1914, and by Germany on Russia on August I, were
immediately followed by the invasion of Belgium, a state
whose neutrality had been guaranteed by Prussia, France and
Great Britain. Germany had made a most careful computation
of the physical forces of the states attacked, and regarded the
resistance Belgium could offer as of minor concern when com-
pared with the advantages to be gained by the occupation of
its territory and the facilities its roads afforded for the in-
vasion of France. Moral influences and the sentiments of
neutral powers were deemed unworthy the consideration of
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 451

masters of the science of war. This was a fatal misconception
of the spirit of the age. Germany’s disregard of treaty and
moral obligations arrayed the world on the side of the Bel-
gians. It induced such a combination of nations and of moral
and material forces as had never been dreamed of before. The
great nations of Asia, all of North America except Mexico,
and half the states of South and Central America gave their
support to the cause of Belgium, with Servia, France, Great
Britain, Portugal, Roumania, Montenegro, Italy and Greece.
While the Asiatic, Central and South American states took
little active part in the conflict, the United States at the crisis
threw the vast weight of its power into the scale and soon
ended the conflict. War brought together the military forces
of all the continents under a single leadership. War arrayed
against the four Central European Powers a war league of
nearly all the other great nations of the earth. The combina-
tion of forces effected during the continuance of the war,
though so vast in its proportions, did not differ materially in
its methods from other military combinations which had pre-
ceded it, except as modern inventions changed the incidents of
war. The Hohenzollerns and Hapsburgs were driven from
the thrones of Germany and Austria-Hungary and the leader-
ship of their great military forces. The Turkish Empire was
disrupted. Nations whose political life had been crushed out by
these powers rose again into being and demanded recognition.
Bohemia, Poland, Finland, Esthonia, Livonia, Ukraine, and
the Balkan states all present problems of national reorganiza-
tion. In Asia the vast regions of Siberia, Armenia, Syria,
Hedjaz and Mesopotamia present a multiplicity of govern-
mental problems. The German colonies and protectorates in
Africa and the Pacific Islands are to be administered in accord-
ance with the views of the victors. Following such a war and
the destruction of so many great military powers it is not
possible to establish general peace at once by any treaty.
Though the problems solved by the Peace of Westphalia and
by the Congress of Vienna were difficult and complicated, the
ambitions and jealousies of rulers rather than the rights and
aspirations of peoples were the chief difficulties to be over-
come.
452 INTERNATIONAL RELATIONS

The armistice agreed on by the belligerents, which put an
end to the fighting between the great armies, went into effect
on November 11, 1918, at 11 o'clock A.M. Its effect was to
place the Central Powers at the mercy of the Allies, though it
was not in terms an unconditional surrender. It did not pre-
vent disorders and bloody conflicts within the countries whose
governments had been overthrown. The task of defining the
boundaries of old and new states and of regulating their rela-
tions to each other remained to be worked out at the peace table
and by the League of Nations. President Wilson sailed for
Europe, on December 4, 1918, and arrived in Paris on Decem-
ber 14. Informal conferences between the heads of the govern-
ments of the leading allied powers soon followed, and arrange-
ments were made for the general conference of the victors to
agree on the terms of peace which should be offered to the
vanquished. ‘The first formal meeting of representatives of
France, Great Britain, Italy and the United States was held
on January 12, 1919. The Peace Congress opened in Paris
on January 18, 1919. Its composition is shown by the two
first sections of the regulations adopted at this initial session,
which are as follows:

Section 1. The conference assembled to fix the conditions of peace,
first in the preliminaries of peace and then in the definite treaty of peace,
shall include the representatives of the belligerent Allied and associated
powers,

The belligerent powers with general interests, the United States of
America, the British empire, France, Italy and Japan, shall take part in all
meetings and commissions.

The belligerent powers with particular interests, Belgium, Brazil, the
British dominions and India, China, Cuba, Greece, Guatemala, Haiti, Hed-
jaz, Honduras, Liberia, Nicaragua, Panama, Poland, Portugual, Rou-
mania, Serbia, Siam and the Czecho-Slovak republic, shall take part in
the sittings at which questions concerning them are discussed.

The powers in a state of diplomatic rupture with the enemy powers,
Bolivia, Ecuador, Peru and Uruguay, shall take part in the sittings at
which questions concerning them are discussed.

The neutral powers and states in process of formation may be heard
either orally or in writing when summoned by the powers with general
interests at the sittings devoted especially to the examination of questions

directly concerning them, but only so far as these questions are con-
cerned.
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 453

Sec. 2. The powers shall be represented by plenipotentiary delegates
to the number of five for the United States of America, the British em-
pire, France, Italy and Japan; three for Belgium, Brazil and Serbia; two
for China, Greece, the King of Hedjaz, Poland, Portugal, Roumania, Siam
and the Czecho-Slovak republic; one for Cuba, Guatemala, Haiti, Hon-
duras, Liberia, Nicaragua and Panama; one for Bolivia, Ecuador, Peru
and Uruguay.

The British dominions and India shall be represented as follows: Two
delegates each for Australia, Canada, South Africa and India, including
the native states; one delegate for New Zealand. ;

Although the number of delegates may not exceed the figures above
mentioned, each delegation has the right to avail itself of the panel system.
The representation of the dominions, including New Foundland and of
India, may be included in the representation of the British empire by the
panel system.

Montenegro shall be represented by one delegate, but the rules con-
cerning the designation of this delegate shall not be fixed until the moment
when the political situation of this country shall have been cleared up.

The conditions of the representation of Russia shall be fixed by the con-
ference at the moment when the matters concerning Russia are examined.

M. Clemenceau, Premier of France, was chosen permanent
chairman of the Congress. How world-wide the combination
was that brought about the overthrow of the Central Powers
appears from the list of nations admitted to participation in
the preparation of the treaty to be presented to them for ac-
ceptance. The list of belligerent powers entitled to full rep-
resentation includes eight old and two new European states;
all the great nations of Asia except Persia; the two greatest
republics of America; Cuba and Haiti in the West Indies; and
four of the Central American states. Russia and Montenegro,
which had been active participants in the war, were left in
abeyance so far as representation in the Congress was con-
cerned because of the uncertainty of their governmental sit-
uations. The purpose of the Congress being not only to con-
clude a treaty of peace between the nations which had been at
war with each other, but also to effect a permanent organiza-
tion among themselves and ultimately with all the other nations
of the world, provision was made in these regulations for
hearing the neutral powers and states in process of formation
on matters concerning them. The disordered conditions pre-
vailing in Central and Eastern Europe rendered it imprac-
454 INTERNATIONAL RELATIONS

ticable to admit their representatives to full participation in
the work of the Congress, which did not admit of long delay.
Treaties terminating wars between only two nations have
seldom effected a permanent settlement of the causes of con-
troversy between them. Rome and Carthage waged successive
wars until Carthage was destroyed. France and Great Britain
warred with each other through many centuries. The French
and Germans have fought each other along the Rhine at longer
or shorter intervals for two thousand years. Since the treaty
establishing the independence of the United States successive
controversies with Great Britain have arisen concerning the
construction of treaties, boundaries and rights on sea and land,
resulting in only one war, that of 1812, but of such gravity
as to render resort to arbitration necessary to settle them.
The very great complication of questions now to be considered
makes it apparent that no final adjustment of all the relations
of the many states which are parties to the treaty can possibly
be made by a single treaty or by any set of treaties that can
be formulated now. It is clearly manifest that the best that can
be done is to form an organization which will be competent to
deal with unsolved problems and new questions that will arise
hereafter.

The private relations of men to each other are adjusted in a
very great majority of instances by mutual agreement of the
parties, but in every country and in every stage of civilization
there is a very small per centage of dealings and circumstances
which give rise to controversies that the parties cannot settle
by agreement. One of the prime functions of civil government
is to provide rules for the determination of such controversies,
and impartial, disinterested tribunals to apply such rules to
the states of fact giving rise to them. The parties to the con-
troversy are compelled to submit to the judgment of a court
whose judgment stands as the expression of the public sense of
right in the case. Where no such tribunals are established and
each party to a controversy is left to enforce his rights, strife
and feuds soon put an end to all prosperity and security.

A large majority of the questions arising between nations
are also settled by agreement or compromise, but the few re-
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 455

maining ones give rise to wars which are liable to bring disaster
not only to the belligerents but also to their neutral neighbors.
The need of settled law and of tribunals to apply it to the
affairs of nations is just as imperative as to private concerns.
It is beyond the capacity of any man or set of men to foresee
what controversies will arise in the future and settle them in
advance. The most that has yet been done within the nations
is to establish general rules of right and of conduct and pro-
vide agencies for their enforcement. Similarly, the best that
can be done now for the regulation of the conduct and de-
termination of the rights of nations and the prevention of con-
flicts between them is to fix their present status and provide
general agencies competent to deal with and dispose of all
matters affecting common interests and the relation of states
to each other as need therefor may arise in the future.

Great progress has been made in recent years in combinations
of sovereign states for common purposes. The American
colonies became separate sovereign states at the conclusion of
the Revolutionary War. They found it necessary to join to-
gether under a written constitution, which preserved their
separate sovereignty for all local purposes, but delegated
general sovereignty for common purposes to the United States.
Thirty-five new sovereign states have since been added to the
original thirteen. Congress and the Federal Courts are com-
petent to determine every question of relation between the
states, and the general government speaks for all in dealings
with other nations.

The British government is built on similar though not iden-
tical principles. Its self-governing colonies regulate their
internal affairs in their own way, but the central power, the
Parliament, Privy Council and Courts, are vested with auth-
ority to settle all questions concerning their relations to each
other, and to speak for all in dealings with other nations. Of
late the colonies have been consulted when treaties affecting
their interests have been under consideration. The great inter-
national conventions which are considered above were steps in
the direction of general international organization, though in-
complete and rudimentary. The extent of the combination
456 INTERNATIONAL RELATIONS

of powers effected during the prosecution of the war, the com-
plete disruptions of the governments which before the war
ruled so large a part of the earth, the invention of submarines,
air crafts, wireless telegraphs, deadly gases and other de-
structive agencies, and the rising demands of the great multi-
tudes who bear the burdens of war for recognition of their
rights and protection from such calamities in the future, pre-
sented a situation essentially different from that which had
ever confronted a peace congress. Immediate adjustment of
boundaries in accordance with the wishes of the people occupy-
ing border districts was impossible, for no fair expression of
their wishes could be obtained until order was established. The
collection and distribution of compensation for the destruction
of property, for the lives of civilians and their enforced ser-
vitude, the regulation of the use of ports, navigable rivers and
international thoroughfares, the admnistration of protec-
torates in unorganized districts, the reduction of armaments
and other apparent needs of the immediate future, rendered a
general and continuing organization an imperative necessity.
The task of effecting such an organization was rendered
doubly difficult by the condition of disorganization prevailing
in so large a part of the world, which prevented a fair repre-
sentation of all the nations in the conference. The initiative
was taken by the five great powers, Great Britain, France,
Japan, Italy and the United States. The Peace Congress was
a diplomatic rather than a legislative gathering, yet the exigen-
cies of the situation forced it to assume the functions of a con-
stitutional convention, charged with the task of inaugurating a
new and better system of adjusting the relations of nations to
each other. The disorganized state of so many nations ren-
dered it impossible to organize a universal congress at once, yet
enduring peace is not to be hoped for unless the League accords
to every nation fair representation in it. The Peace Congress,
being merely a diplomatic body, could not decide any question
by a majority vote, but required the consent of every nation
that is to be bound by its action. Any small nation could
refuse to become a party to the treaty presented for its accept-
ance, but no nation, great or small, can hope for any substantial
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 487

advantage through independent action. If permanent peace
and prosperity is to be secured it is clearly manifest that there
must be concord among all the nations, and it is equally man-
ifest that this can only be obtained if all people are treated
justly and find in the League advantages or. security which
they could not provide for themselves as separate states. Mas-
tery of one or a few great nations through the instrumentality
of a League of all would be as distasteful and as likely to pro-
voke resistance as the domination of one great power.
Equality of right in great and small nations is essential, but
this cannot be made the basis of a valid claim for equality of
representation and influence for a small state with few people
with a great nation made up of many states and great numbers
of people. Regard for existing sovereignties cannot be allowed
to wholly override the rights of the great multitudes who speak
through a single national government. Probable future de-
velopment of sparsely peopled countries must be taken into
account. The principles applied by the United States in the
admission of new states are applicable to future admissions to
the League of Nations. The rights of people rather than of
places or names will always be paramount. ,

The first task undertaken by the Peace Conference was that
of formulating a constitution for the League of Nations. A
draft was unanimously agreed on by the committee in charge
of the work and reported to the general conference by Presi-
dent Wilson on February 14, 1919. It was then made public
and submitted to general criticism. After much public dis-
cussion of the terms of the covenant some changes were made
and on April 28, 1919, a revised draft was adopted by the
Peace conference without any dissent. It is entitled “The
Covenant of the League of Nations” and appears as Part I of
the Treaty of Peace with Germany.

THE TREATY OF PEACE WITH GERMANY

An unprecedented war called for an unprecedented treaty.
The war was instituted by the leaders of great military or-
ganizations for the purpose of extending their power. It re-
sulted in the overthrow of these leaders. The failure of com-
458 INTERNATIONAL RELATIONS

binations of powers based on the theory of balance of power
to preserve peace was abundantly proved by the war. The
combination of forces that finally brought the war to an end
was world wide. In order to make a treaty of peace for all
the nations involved in the war it was necessary to bring to the
conference representatives of the leading nations of every
continent. The old system of military organization within
each state for its own protection against all others either sepa-
rately or in combination with others, with accepted principles
of international law which accorded to each nation and com-
bination of nations the right to go to war whenever and for
whatever cause it saw fit was thoroughly discredited. A better
combination of states and more enlightened theories of inter-
national law were imperatively demanded. Manifestly the
only combination’ adequate for the preservation of peace and
order throughout the whole world is one which includes all the
nations. Manifestly this combination must be guided by prin-
ciples of right and justice and must utterly discredit the claim
that might is right. But the mere assertion of abstract prin-
ciples is inadequate for the preservation of order in a world
accustomed to the exercise of so much arbitrary power. Gen-
eral agencies representing and acting in the interest of all for
the determination and enforcement of the rights of each are
needed.

Recognizing these truths the first work of the Peace Con-
ference was the formulation of the Covenant of the League
of Nations, which was incorporated in the treaty prepared by
the victors as Part I and submitted to Germany for its accept-
ance. This Covenant is not merely a device for the purpose of
regulating the relations of the allies to Germany, but is designed
quite as much to preserve peace between the allied nations
themselves and in fact between all the nations of the world,
whether parties to the treaty or not, and is designed to ul-
timately become a general treaty between all the nations. The
agencies which this covenant provides for are consultative and
advisory rather than governmental, yet it is by no means cer-
tain that they will not prove more efficient than if clothed with
full power of final decision and action. The remarkable
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 459

changes in conditions resulting from the use of modern in-
ventions and the rapid development of new means of travel and
intercourse render it certain that many new questions will
arise which can best be dealt with by consultative bodies which
consider the general interest and recommend rather than
dictate the course to be pursued. The dominant purpose in
forming the League is to prevent future wars. For the first
time in the history of the world this Covenant undertakes to
establish agencies, in which all the nations will be represented,
whose duty it will be to take cognizance of every condition cal-
culated to produce war and to recommend action which will
prevent it. It recognizes the fact that all great wars are pre-
ceded by military organization and preparation for them and
undertakes to cause the disarmament of existing military or-
ganizations and the prevention of future ones. It recognizes
arbitration and the judicial determination of disputes between
nations as the alternatives to be substituted for self-help by
the aggrieved nation. While it does not establish a world gov-
ernment with definite powers, it recognizes the unity of interest
of the whole world in the preservation of peace in every part
of it.. The Assembly, provided for in the Covenant, being
essentially a gathering of diplomatic representatives of all the
nations, will be competent to recommend all needed improve-
ments in the constitution of the League as well as the estab-
lishment of the agencies needed from time to time to deal with
conditions as they arise. Europe, Asia, North and South
America are each represented on the Council, whose decisions
must in general be unanimous. As the nations represented on
the Council constitute an overwhelming preponderance of
force, its unanimous decisions concerning any matter affecting
the peace are likely to be accepted by the parties immediately
concerned.

By Article 4 it is provided that the Council of the League
of Nations shall formulate and submit to the members for
adoption plans for the establishment of a Permanent Court of
International Justice, competent to hear and determine any
dispute of an international character the parties thereto submit
to it. This falls far short of full judicial powers, for such a
460 INTERNATIONAL RELATIONS

court would have no jurisdiction over an unwilling party.
With powers so limited such a court would have no jurisdic-
tion over the matters that gave rise to the great war. Juris-
diction over an unwilling party is essential to full efficiency in
an international tribunal.

Great care is taken to provide for the disarmament of Ger-
many and to prevent the reorganization of its military, naval
and air forces. The disarmament of the Allies and the pre-
vention of future wars between them is of equal importance,
but the accomplishment of it is entrusted to the League of
Nations. For the preservation of peace it is also necessary
that Germany be protected from future injustice and aggres-
sion by its neighbors. The essence of the problem is to provide
means to insure just treatment to all without regard to their
relation to the war.

The powers conferred on the Reparation Commission are
very broad and their limits not clearly defined. This is due
to the very’ great destruction wrought by the war and the
recognized ‘inability of Germany and her allies to make full
restitution. The utimate limit of liability is therefore recog-
nized in the treaty as dependent on the ability of Germany to
pay, rather than on the extent of the losses. It is recognized
that the people of Germany must not only be allowed to live,
but to live under such conditions that they can perform the
obligations imposed on them. Real friendly relations between
the nations opposed to each other in the war are essential to
the general welfare, and this condition cannot be expected un-
less the people of Germany as well as of the other states have
grounds to hope for improvement in their situation as their
obligations under the treaty are discharged.

The League of Nations is designed to ultimately include all
the nations of the earth and to bring together their represen-
tatives in a general Assembly to be held at stated intervals.
While most of the provisions of the treaty are to be carried into
effect under the supervision of commissions and agencies ap-
_ pointed by the victors, there are many future contingencies to
be provided for by the League. Its initial membership in-
cludes only signatories of the treaty on the part of the Allied
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 461

and Associated Powers, and at this time is is therefore merely
the parties of the first part to the treaty, but the neutral nations
are invited to adhere to it and Spain, which is not a signatory
power, is accorded a place on the Council. This gives represen-
tation at once to the neutral powers if Spain sees fit to adhere
to the covenant. The League is mentioned in many parts of
the treaty following the Covenant and has very important
duties to perform in connection with the government of the
Saar Basin, the free city of Dantzig, the reduction of ar-
maments in states other than Germany, the government of
former German territories through mandatory powers under
its direction, in reference to the navigable rivers of Europe, in
the settlement of disputes that may arise with regard to the
interpretation and application of the articles of the treaty, and
in reference to the organization of labor, the General Con-
ference of Members with reference thereto, and the Interna-
tional Labor Office.

The treaty lays down many rules for the determination of
private rights which have been affected by the war. Clearing
offices are authorized through which claims by and against
citizens of Germany and of each of the allied powers may be
settled and taken into the general account between Germany
and its former enemies. The provisions concerning commer-
cial relations, debts, property, rights and interests, contracts,
prescriptions, judgments and insurance, constitute a consid-
erable code of laws for the determination of questions arising
between the nationals of the opposing parties.

Part XIII relating to Labour deals with a subject of great
importance to the peace of the world in a broad and general
way and in connection with the League of Nations. The pro-
visions of this part of the treaty have no special application to
Germany or to its relation to the Allied Powers, but appear of
great importance in connection with the social and labor con-
ditions prevailing in Europe generally.

The Covenant of the League of Nations is not framed as a
measure especially adapted for inclusion in the treaty with
Germany but is equally applicable to the relations between all
other nations. In the succeeding parts of the treaty various
462 INTERNATIONAL RELATIONS

matters to arise in the future are referred to the League for
consideration. Viewed as a whole the treaty is remarkable for
the great number of agencies which it establishes for the deter-
mination of different questions and the regulation of matters
affecting the interests of two or more states. There are very
many matters of which the treaty itself does not undertake to
make final disposition, but which are referred to the deter-
mination of the people immediately concerned or to a com-
mission created to deal with the particular matter. While the
treaty is in all its essential features the work of the allied and
associated powers, it contains many provisions which must
ultimately prove quite as beneficial to the German people as to
those of any other country. The provisions for disarmament
will at once relieve them from supporting the vast military
establishment which was a crushing burden on all except the
rich and dominant elements before the war. Relief from this
burden will be no small compensation for the burden imposed
for reparation of the destruction and wrongs perpetrated in
the war. -

Part II of the treaty deals with the boundaries of Germany
but does not fix them definitely in all places. It reduces the ter-
ritory formerly included in the German Empire by restoring
to France the frontier from Luxemburg to Switzerland as it
existed in 1870, and by concessions to Belgium, Denmark and
the new states of Czecho-Slovakia and Poland. The territory
west of the Rhine remains in the military occupation of the
Allies pending fulfillment of the terms of the treaty, and Ger-
many is forbidden to maintain or construct any fortifications
in it or within 50 kilometers east of the Rhine. In compensa-
tion for the mines in French territory destroyed during the
war Germany cedes to France the coal mines of the Saar Basin,
the definite boundaries of which are to be traced by a com-
mission of five members, one appointed by France, one by
Germany and the other three by the Council of the League of
Nations. The government of this territory is ceded by Ger-
many to the League of Nations as trustee, which is to appoint
a governing commission of five members. At the end of fifteen
years the people of the Basin are to decide by votes taken by
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 463

communes or districts on the sovereignty under which they
will be placed; all persons without distinction of sex twenty
years old at the date of the voting, who resided in the territory
when the treaty was signed, are entitled to vote. The result of
the election is to be ascertained and declared by the League of
Nations. The provisions with reference to the restoration of
Alsace and Lorraine to France are quite full and, except in
matters connected with the use of the Rhine, which are placed
under the control of the Central Rhine Commission, dispose of
all the important matters connected with the change of sov-
ereignty. The independence of the Czecho-Slovak State and
of Poland is recognized and Danzig is made a free city. A
commission is provided to settle the frontier between Belgium
and Germany in accordance with the terms of the treaty. A
commission of seven members, five of them nominated by the
allied and associated powers and one each by Poland and
Czecho-Slovakia is provided to trace on the spot the frontier
between these countries. The determination of boundaries
and the allegiance of the people is left to their votes in border
districts as between Germany and Poland, in East Prussia, and
upper Silesia, and as between Germany and Denmark in Sch-
leswig. These votes are to be taken under the supervision of
commissions provided for in the treaty.

Many commissions are to be constituted for various pur-
poses, some temporary and some continuing. Besides those
already named there is one of seven members to delimit the
frontier between Germany and Poland, a commission of four
to be designated by the United States, France, Great Britain
and Italy to supervise the elections determining the nationality

“of the border district between Germany and Poland, a com-
mission of five to supervise the elections in the border district
between Poland and East Prussia, a commission of three to
delimit the frontier of the territory assigned to the city of
Dantzig, a commission of five of which Norway and Sweden
will be asked to designate a member to supervise the election
in Schleswig, a commission of seven to trace the line of this
frontier after it has been determined by the election, the Inter-
Allied Commission of Control to supervise the delivery, dem-
464 INTERNATIONAL RELATIONS

olition and rendering things useless to be carried out at the
expense of the German Government, the Military Inter-Allied
Commission of Control to deal with the enforcement of all the
military clauses of the treaty, the Naval Inter-Allied Commis-
sion of Control to see to the execution of the naval clauses, the
Aeronautical Inter-Allied Commission of Control to deal with
the execution of the air clauses, a commission of representa-
tives of the Allied and Associated Powers and of Germany
with a Sub-Commission of representatives of each interested
power to look after the repatriation of prisoners of war, the
Reparation Commission, the International Commission for the
Elbe, the International Commission for the Oder, an Inter-
national Commission for the Niemen on request of any riparian
state, an International Commission of the Danube, a com-
mission to delimit free zones in the ports of Hamburg and
Stettin, commissions of experts to apportion the rolling stock
on railways in territories the sovereignty of which is trans-
ferred by the terms of the treaty, and Commissions of Enquiry
to consider complaints made to the International Labor Office.
Of these commissions the Reparation Commission is of the
most present importance. It is to be composed of delegates
nominated by the United States, Great Britain, France, Italy,
Japan, Belgium and the Serb-Croat-Slovene State, and have
its principal permanent Bureau in Paris. This Commission is
authorized to determine the amount of damages for which com-
pensation is to be made by Germany and to supervise the re-
storations and payments to be made in accordance with the
terms of the treaty, and is given power to appoint committees,
officers, agents and employees to aid in the execution of its
functions.

The treaty provides for the appointment of other tribunals
and agencies as follows: A special tribunal for the trial of
William II of Hohenzollern to be composed of five judges
appointed one each by the United States, Great Britain, France,
Italy and Japan; Clearing Offices to be established by each of
the parties to the treaty for the collection and payment of en-
emy debts; a Mixed Arbitral Tribunal to be established between
each of the Allied and Associated Powers and Germany, com-
INTERNATIONAL GOVERNMENTAL ESTABLISHMENTS 465

posed of three members; a General Conference of Represen-
tatives of the Members of the League of Nations for the con-
sideration of labor problems; and an International Labor
Office.

Many treaties and conventions, more or less general in char-
acter, which were entered into prior to the war, are recognized
as continuing in force, while others are abrogated in whole or
in part. The treaties made during the war with Austria, Hun-
gary, Bulgaria and Turkey are abrogated, as also are all treaties
made before and during the war with Russia or any state or
government of which the territory previously formed a part of
Russia, or with Roumania.

Though the treaty is very long it contains little needless
verbiage. The great number of parties to it, the multiplicity of
subjects dealt with, and more than all the fundamental theories
and purposes which underlie it, require elaboration which is
unusual in peace treaties. In order to gain a fair understand-
ing of its provisions it is necessary to study the full text. No
brief summary can be made to convey a clear understanding of
the many matters of vast and continuing importance it deals
with. It recognizes the interest of each nation in the preserva-
tion of peace throughout the world and that henceforth there
can be no such thing as national isolation. It condemns war as
a means of furthering national ambitions and provides for the
punishment of those who have violated treaties and committed
barbarities which are condemned by the laws of war. Its long
stride forward is not made by recognition of moral principles,
by provisions for punishments and restitution, or by tying the
hands of the power that instituted the war, but by the estab-
lishment of a concert of all the powers and the creation of
agencies especially charged with the duty of discovering the
germs of war and taking measures to prevent their growth and
fruition. Just conceptions of the true relations of states to
each other are not easily given application at the conclusion of
a war of such character and magnitude, but the admission of
Germany and its allies into the League of Nations will render
it possible to obtain relief from whatever of unnecessary harsh-
ness may be found in the terms of peace. The reparations re-
466 INTERNATIONAL RELATIONS

quired from Germany are far less than would be required of a
private person for damages resulting from his wrongdoing by
any court of law. The general rule everywhere is that a male-
factor must make full compensation for all the consequences of
his wrongful acts, yet the evil consequences of a great war are
incapable of measurement or adequate compensation. A treaty
of peace must look to the restoration of friendly relations and
the mutual welfare of all. By joining in common enterprises
for mutual benefit, by looking beyond the artificial national
entity to the mass of humanity behind it, by observance of
policies ‘and principles that promote the material interests of
all, and by earnest effort to find and apply to the relations of
nations to each other, to the relations of the people of different
nations to each other, and to all human affairs, the true prin-
ciples ordained by the Creator, the true interests of each nation
and of its people will be subserved. The great conventions
considered in the preceding pages, most of which are expressly
confirmed by this treaty, evidence the growing consciousness of
the interdependence of nations. This treaty and the Covenant
of the League of Nations with which it opens mark a great
advance in world organization, yet are hardly more than the
initial step in the path which leads to permanent peace and
universal friendship and cooperation. The full text of the
treaty follows.
TREATY OF PEACE

THE UNITED STATES OF AMERICA, THE BRITISH EMPIRE,
FRANCE, ITALY and JAPAN,

These Powers being described in the present Treaty as the Principal Allied
and Associated Powers,

BELGIUM, BOLIVIA, BRAZIL, CHINA, CUBA, ECUADOR, GREECE,
GUATEMALA, HAITI, THE HEDJAZ, HONDURAS, LIBERIA, NICA-
RAGUA, PANAMA, PERU, POLAND, PORTUGAL, ROUMANIA,
THE SERB-CROAT-SLOVENE STATE, SIAM, CZECHO-SLOVAKIA
and URUGUAY,

These Powers constituting with the Principal Powers mentioned above the
Allied and Associated Powers,

of the one part;
And GERMANY,
of the other part;

Bearing in mind that on the request of the Imperial German Government
an Armistice was granted on November 11, 1918, to Germany by the Principal
Allied and Associated Powers in order that a Treaty of Peace might be con-
cluded with her, and

The Allied and Associated Powers being equally desirous that the war in
which they were successively involved directly or indirectly and which origi-
nated in the declaration of war by Austria-Hungary on July 28, 1914, against
Serbia, the declaration of war by Germany against Russia on August I, 1914,
and against France on August 3, 1914, and in the invasion of Belgium, should
be replaced by a firm, just and durable Peace,

For this purpose the HIGH CONTRACTING PARTIES represented as
follows:

THE PRESIDENT OF THE UNITED STATES OF AMERICA, by:

The Honourable Woodrow Wilson, President of the United States,
acting in his own name and by his own proper authority ;

The Honourable Robert Lansing, Secretary of State;

The Honourable Henry White, formerly Almbassador Extraordinary
and Plenipotentiary of the United States at Rome and Paris;

The Honourable Edward M. House;

General Tasker H. Bliss, Military Representative of the United States
on the Supreme War Council;

HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT
BRITAIN AND IRELAND AND OF THE BRITISH DOMINIONS
BEYOND THE SEAS, EMPEROR OF INDIA, by:
468 INTERNATIONAL RELATIONS

The Right Honourable David Lloyd George, M. P., First Lord of His
Treasury and Prime Minister ;

The Right Honourable Andrew Bonar Law, M. P., His Lord Privy
Seal;

The Right Honourable Viscount Milner, G. C. B., G. C. M. G, His
Secretary of State for the Colonies;

The Right Honourable Arthur James Balfour, O. M., M. P., His Secre-
tary of State for Foreign Affairs;

The Right Honourable George Nicoll Barnes, M. P., Minister without
portfolio;

And

for the DOMINION of CANADA, by:
The Honourable Charles Joseph Doherty, Minister of Justice;
* The Honourable Arthur Lewis Sifton, Minister of Customs;

for the COMMONWEALTH of AUSTRALIA, by:
The Right Honourable William Morris Hughes, Attorney-General and
Prime Minister ;
_The Right Honourable Sir Joseph Cook, G. C. M. G., Minister for the
Navy;

for the UNION OF SOUTH AFRICA, by:
General the Right Honourable Louis Botha, Minister of Native Affairs
and Prime Minister ;
Lieutenant-General, the Right Honourable Jan Christiaan Smuts, K. C.,
Minister of Defence;

for the DOMINION of NEW ZEALAND, by:
The Right Honourable William Ferguson Massey, Minister of Labour
and Prime Minister;

for INDIA, by:
The Right Honourable Edwin Samuel Montagu, M. P., His Secretary
of State for India;
Major-General His Highness Maharaja Sir Ganga Singh Bahadur,
Maharaja of Bikaner, G.C.S.1,G.C LE, GC. V.0,K.C.B,
A. D.C;

THE PRESIDENT OF THE FRENCH REPUBLIC, by:
Mr. Georges Clemenceau, President of the Council, Minister of War;
Mr. Stephen Pichon, Minister for Foreign Affairs;
Mr. Louis-Lucien Klotz, Minister of Finance;
Mr. André Tardieu, Commissary General for Franco-American Mili-
tary Affairs;
Mr. Jules Cambon, Ambassador of France;

HIS MAJESTY THE KING OF ITALY, by:
Baron S. Sonnino, Deputy ;
TREATY OF PEACE 469

Marquis G. Imperiali, Senator, Ambassador of His Majesty the King
of Italy at London;
Mr. S. Crespi, Deputy;

HIS MAJESTY THE EMPEROR OF JAPAN, by;

Marquis Saionzi, formerly President of the Council of Ministers;

Baron Makino, formerly Minister for Foreign Affiairs, Member of the
Diplomatic Council ;

Viscount Chinda, Ambassador Extraordinary and Plenipotentiary of
H. M. the Emperor of Japan at London;

Mr. K. Matsui, Ambassador Extraordinary and Plenipotentiary of H.
M. the Emperor of Japan at Paris;

Mr. H. Ijuin, Ambassador Extraordinary and Plenipotentiary of H.
M. the Emperor of Japan at Rome;

HIS MAJESTY THE KING OF THE BELGIANS, by:
Mr. Paul Hymans, Minister for Foreign Affairs, Minister of State;
Mr. Jules van den Heuvel, Envoy Extraordinary and Minister Pleni-
potentiary, Minister of State;
Mr. Emile Vandervelde, Minister of Justice, Minister of State;

THE PRESIDENT OF THE REPUBLIC OF BOLIVIA, by:
Mr. Ismael Montes, Envoy Extraordinary and Minister Plenipotentiary
of Bolivia at Paris;

THE PRESIDENT OF THE REPUBLIC OF BRAZIL, by:
Mr. Joao Pandia Calogeras, Deputy, formerly Minister of Finance;
Mr. Raul Fernandes, Deputy ;
Mr. Rodrigo Octavio de I. Menezes, Professor of International Law
of Rio de Janeiro;

THE PRESIDENT OF THE CHINESE REPUBLIC, by:
Mr. Lou Tseng-Tsiang, Minister for Foreign Affairs ;
Mr. Chengting Thomas Wang, formerly Minister of Agriculture and
Commerce;

THE PRESIDENT OF THE CUBAN REPUBLIC, by:
Mr. Antonio Sanchez de Bustamante, Dean of the Faculty of Law in
the University of Havana, President of the Cuban Society of Interna-
tional Law;

THE PRESIDENT OF THE REPUBLIC OF ECUADOR, by:
Mr. Enrique Dorn y de Alsta, Envoy Extraordinary and Minister
Plenipotentiary of Ecuador at Paris;

HIS MAJESTY THE KING OF THE HELLENES, by:
Mr. Eleftherios K. Venisélos, President of the Council of Ministers;
Mr. Nicolas Politis, Minister for Foreign Affairs;
470 INTERNATIONAL RELATIONS

THE PRESIDENT OF THE REPUBLIC OF GUATEMALA, by:

Mr. Joaquin Méndez, formerly Minister of State for Public Works and
Public Instruction, Envoy Extraordinary and Minister Plenipoten-
tiary of Guatemala at Washington, Envoy Extraordinary and Min-
ister Plenipotentiary on special mission at Paris;

THE PRESIDENT OF THE REPUBLIC OF HAITI, by:
Mr. Tertullien Guilbaud, Envoy Extraordinary and Minister Plenipo-
tentiary of Haiti at Paris;

HIS MAJESTY THE KING OF THE HEDJAZ, by:
Mr. Rustem Haidar;
Mr. Abdul Hadi Aouni;

THE PRESIDENT OF THE REPUBLIC OF HONDURAS, by:
Dr. Policarpo Bonilla, on special mission to Washington, formerly
President of the Republic of Honduras, Envoy Extraordinary and
Minister Plenipotentiary ;

THE PRESICVENT OF THE REPUBLIC OF LIBERIA, by:
The Honourable Charles Dunbar Burgess King, Secretary of State;

THE PRESIDENT OF THE REPUBLIC OF NICARAGUA, by:
Mr. Salvador Chamorro, President of the Chamber of Deputies;

THE PRESIDENT OF THE REPUBLIC OF PANAMA, by:
Mr. Antonio Burgos, Envoy Extraordinary and Minister Plenipoten-
tiary of Panama at Madrid;

THE PRESIDENT OF THE, REPUBLIC OF PERU, by:
Mr. Carlos G. Candamo, Envoy Extraordinary and Minister Plenipoten-
tiary of Peru at Paris;

THE PRESIDENT OF THE POLISH REPUBLIC, by:
Mr. Ignace J. Paderewski, President of the Council of Ministers, Min-
ister for Foreign Affairs;
Mr. Roman Dmowski, President of the Polish National Committee;

THE PRESIDENT OF THE, PORTUGUESE REPUBLIC, by:
Dr. Affonso Augusto da Costa, formerly President of the Council of
Ministers ;
Dr. Augusto Luiz Vieira Soares, formerly Minister for Foreign Affairs ;

HIS MAJESTY THE KING OF ROUMANIA, by:
Mr, Ion I. C. Bratiano, President of the Council of Ministers, Minister
for Foreign Affairs;
General Constantin Coanda, Corps Commander, A. D. C. to the King,
formerly President of the Council of Ministers;

HIS MAJESTY THE KING OF THE SERBS, THE CROATS, AND
THE SLOVENES, by:
Mr. Nicolas P. Pachitch, formerly President of the Council of Min-
isters ;
TREATY OF PEACE 471

Mr. Ante Trumbic, Minister for Foreign Affairs;
Mr. Milenko Vesnitch, Envoy Extraordinary and Minister Plenipoten-

tiary of H. M. the King of the Serbs, the Croats and the Slovenes
at Paris;

HIS MAJESTY THE KING OF SIAM, by:
His Highness Prince Charoon, Envoy Extraordinary and Minister
Plenipotentiary of H. M. the King of Siam at Paris;
His Serene Highness Prince Traidos Prabandhu, Under Seeretary of
State for Foreign Affairs;

THE PRESIDENT OF THE CZECHO-SLOVAK REPUBLIC, by:
Mr. Karel Krammar, President of the Council of Ministers;
Mr. Eduard Benes, Minister for Foreign Affairs;

THE PRESIDENT OF THE, REPUBLIC OF URUGUAY, by:
Mr. Juna Antonio Buero, Minister for Foreign Affairs, formerly Min-
ister of Industry;

GERMANY, by:
Mr. Hermann Miiller, Minister for Foreign Affairs of the Empire;
Dr. Bell, Minister of the Empire;

Acting in the name of the German Empire and of each and every compon-
ent State,

WHO having communicated their full powers found in good and due form
have AGREED AS FOLLOWS:

From the coming into force of the present Treaty the state of war will
terminate. From that moment and subject to the provisions of this Treaty
official relations with Germany, and with any of the German States, will be
resumed by the Allied and Associated Powers.

PART I.

THE COVENANT OF THE LEAGUE OF NATIONS.

Tus High Contractinc Parvigs,

In order to promote international co-operation and to achieve international
peace and security
by the acceptance of obligations not to resort to war,
by the prescription of open, just and honourable relations between nations,
by the firm establishment of the understandings of international law as
the actual rule of conduct among Governments, and by the maintenance
of justice and a scrupulous respect for all treaty obligations in the deal-
ings of organised peoples with one another,
Agree to this Covenant of the League of Nations.
472 INTERNATIONAL RELATIONS

ARTICLE I.

The original Members of the League of Nations shall be those of the Sig-
natories which are named in the Annex to this Covenant and also such of
those other States named in the Annex as shall accede without reservation
to this Covenant. Such accession shall be affected by a Declaration deposited
with the Secretariat within two months of the coming into force of the Cove-
nant. Notice thereof shall be sent to all other Members of the League.

Any fully self-governing State, Dominion or Colony not named in the
Annex may become a Member of the League if its admission is agreed to by
two-thirds of the Assembly, provided that it shall give effective guarantees of
its sincere intention to observe its international obligations, and shall accept
such regulations as may be prescribed by the League in regard to its military,
naval and air forces and armaments.

Any Member of the League, may, after two years’ notice of its intention
so to do, withdraw from the League, provided that all its international obliga-
tions and all its obligations under this Covenant shall have been fulfilled at the
time of its withdrawal.

ARTICLE 22

The action of the League under this Covenant shall be effected through the
instrumentality of an Assembly and of a Council, with a permanent Secre-
tariat.

ARTICLE 3.

The Assembly shall consist of Representatives of the Members of the
League.

The Assembly shall meet at stated intervals and from time to time as
occasion may require at the Seat of the League or at such other place as may
be decided upon.

The Assembly may deal at its meetings with any matter within the sphere
of action of the League or affecting the peace of the world.

At meetings of the Assembly each Member of the League shall have one
vote, and may have not more than three Representatives.

ARTICLE 4.

The Council shall consist of Representatives of the Principal Allied and
Associated Powers, together with Representatives of four other Members
of the League. These four Members of the League shall be selected by the
Assembly from time to time in its discretion. Until the appointment of the
Representatives of the four Members of the League first selected by the
Assembly, Representatives of Belgium, Brazil, Spain and Greece shall be
members of the Council.

With the approval of the majority of the Assembly, the Council may name
additional Members of the League whose Representatives shall always be
members of the Council; the Council with like approval may increase the
TREATY OF PEACE 473

number of Members of the League to be selected by the Assembly for repre-
sentation on the Council.

The Council shall meet from time to time as occasion may require, and at
least once a year, at the Seat of the League, or at such other place as may
be decided upon.

The Council may deal at its meetings with any matter within the sphere of
action of the League or affecting the peace of the world.

Any Member of the League not represented on the Council shall be invited
to send a Representative to sit as a member at any meeting of the Council
during the consideration of matters specially affecting the interests of that
Member of the League.

At meetings of the Council, each Member of the League represented on the
Council shall have one vote, and may have not more than one Representative.

ARTICLE 5.

Except where otherwise expressly provided in this Covenant or by the
terms of the present Treaty, decisions at any meeting of the Assembly or of
the Council shall require the agreement of all the Members of the League
represented at the meeting.

All matters of procedure at meetings of the Assembly or of the Council,
including the appointment of Committees to investigate particular matters,
shall be regulated by the Assembly or by the Council and may be decided by
a majority of the Members of the League represented at the meeting.

The first meeting of the Assembly and the first meeting of the Council shall
be summoned by the President of the United States of America.

ARTICLE 6.

The permanent Secretariat shall be established at the Seat of the League.
The Secretariat shall comprise a Secretary General and such secretaries and
staff as may be required.

The first Secretary General shall be the person named in the Annex;
thereafter the Secretary General shall be appointed by the Council with the
approval of the majority of the Assembly.

The secretaries and staff of the Secretariat shall be appointed by the
Secretary General with the approval of the Council.

The Secretary General shall act in that capacity at all meetings of the
Assembly and of the Council.

The expenses of the Secretariat shall be borne by the Members of the
League in accordance with the apportionment of the expenses of the
International Bureau of the Universal Postal Union.

ARTICLE 7.

The Seat of the League is established at Geneva.
The Council may at any time decide that the Seat of the League shall be
established elsewhere.
474 INTERNATIONAL RELATIONS

All positions under or in connection with the League, including the
Secretariat, shall be open equally to men and women.

Representatives of the Members of the League and officials of the League
when engaged on the business of the League shall enjoy diplomatic privileges
and immunities.

The buildings and other property occupied by the League or its officials
or by Representatives attending its meetings shall be inviolable.

ARTICLE 8.

The Members of the League recognise that the maintenance of peace
requires the reduction of national armaments to the lowest point consistent
with national safety and the enforcement by common action of international
obligations.

The Council, taking account of the geographical situation and circumstances
of each State, shall formulate plans for such reduction for the consideration
and action of the several Governments.

Such plans shall be subject to reconsideration and revision at least every ten
years,

After these plans shall have been adopted by the several Governments, the
limits of armaments therein fixed shall not be exceeded without the con-
currence of the Council.

The Members of the League agree that the manufacture by private enter-
prise of munitions and implements of war is open to grave objections. The
Council shall advise how the evil effects attendant upon such manufacture can
be prevented, due regard being had to the necessities of those Members of
the League which are not able to manufacture the munitions and implements
of war necessary for their safety.

The Members of the League undertake to interchange full and frank in-
formation as to the scale of their armaments, their military, naval and air
programmes and the condition of such of their industries as are adaptable
to war-like purposes.

ARTICLE 9.
A permanent Commission shall be constituted to advise the Council on the
execution of the provisions of Articles 1 and 8 and on military, naval and
air questions generally.

ARTICLE Io.

The Members of the League undertake to respect and preserve as against
external aggression the territorial integrity and existing political independ-
ence of all Members of the League. In case of any such aggression or in
case of any threat or danger of such aggression the Council shall advise upon
the means by which this obligation shall be fulfilled.

ARTICLE II.

Any war or threat of war, whether immediately affecting any of the
Members of the League or not, is hereby declared a matter of concern
TREATY OF PEACE 475

to the whole League, and the League shall take any action that may be
deemed wise and effectual to safeguard the peace of nations. In case any
such emergency should arise the Secretary General shall on the request of
any Member of the League forthwith summon a meeting of the Council.

It is also declared to be the friendly right of each Member of the League
to bring to the attention of the Assembly or of the Council any circumstance
whatever affecting international relations which threatens to disturb inter-
national peace or the good understanding between nations upon which peace
depends,

ARTICLE 12.

The Members of the League agree that if there should arise between them
any dispute likely to lead to a rupture, they will submit the matter either to
arbitration or to inquiry by the Council, and they agree in no case to resort
to war until three months after the award by the arbitrators or the report
by the Council.

In any case under this Article the award of the arbitrators shall be made
within a reasonable time, and the report of the Council shall be made within
six months after the submission of the dispute.

ARTICLE I3.

The Members of the League agree that whenever any dispute shall arise
between them which they recognise to be suitable for submission to arbi-
tration and which cannot be satisfactorily settled by diplomacy, they will
submit the whole subject-matter to arbitration.

Disputes as to the interpretation of a treaty, as to any question of inter-
national law, as to the existence of any fact which if established would
constitute a breach of any international obligation, or as to the extent and
nature of the reparation to be made for any such breach, are declared to be
among those which are generally suitable for submission to arbitration.

For the consideration of any such dispute the court of arbitration to which
the case is referred shall be the Court agreed on by the parties to the dis-
pute or stipulated in any convention existing between them.

The members of the League agree that they will carry out in full good
faith any award that may be rendered, and that they will not resort to war
against a Member of the League which complies therewith. In the event of
any failure to carry out such an award, the Council shall propose what steps
should be taken to give effect thereto.

ARTICLE 14.

The Council shall formulate and submit to the Members of the League
for adoption plans for the establishment of a Permanent Court of Interna-
tional Justice. ‘The Court shall be competent to hear and determine any dis-
pute of an international character which the parties thereto submit to it. The
Court may also give an advisory opinion upon any dispute or question re-
ferred to it by the Council or by the Assembly.
476 INTERNATIONAL RELATIONS

ARTICLE 15.

If there should arise between Members of the League any dispute likely to
lead to a rupture, which is not submitted to arbitration in accordance with
Article 13, the Members of the League agree that they will submit the matter
to the Council. Any party to the dispute may effect such submission by giv-
ing notice of the existence of the dispute to the Secretary General, who will
make all necessary arrangements for a full investigation and consideration
thereof.

For this purpose the parties to the dispute will communicate to the Secre-
tary General, as promptly as possible, statements of their case with all the
relevant facts and papers, and the Council may forthwith direct the publica-
tion thereof.

The Council shall endeavour to effect a settlement of the dispute, and if
stich efforts are successful, a statement shall be made public giving such facts
and explanations regarding the dispute and the terms of settlement thereof
as the Council may deem appropriate.

If the dispute is not thus settled, the Council either unanimously or by a
majority vote shall make and publish a report containing a statement of the
facts of the dispute and the recommendations which are deemed just and
proper in regard thereto.

Any Member of the League represented on the Council may make public a
statement of the facts of the dispute and of its conclusions regarding the
same,

If a report by the Council is unanimously agreed to by the members thereof
other than the Representatives of. one or more of the parties to the dispute,
the Members of the League agree that they will not go to war with any
party to the dispute which complies with the recommendations of the report.

If the Council fails to reach a report which is unanimously agreed to by
the members thereof, other than the Representatives of one or more of the
parties to the dispute, the Members of the League reserve to themselves the
right to take such action as they shall consider necessary for the maintenance
of right and justice.

If the dispute between the parties is claimed by one of them, and is found
by the Council, to arise out of a matter which by international law is solely
within the domestic jurisdiction of that party, the Council shall so report,
and shall make no recommendation as to its settlement.

The Council may in any case under this Article refer the dispute to the
Assembly. The dispute shall be so referred at the request of either party to
the dispute, provided that such request be made within fourteen days after
the submission of the dispute to the Council.

In any case referred to the Assembly, all the provisions of this Article
and of Article 12 relating to the action and powers of the Council shall apply
to the action and powers of the Assembly, provided that a report made by
the Assembly, if concurred in by the Representatives of those Members of
the League represented on the Council and of a majority of the other Mem-
TREATY OF PEACE 477

bers of the League, exclusive in each case of the Representatives of the
parties to the dispute, shall have the same force as a report by the Council
concurred in by all the members thereof other than the Representatives of
one or more of the parties to the dispute.

ARTICLE 16.

Should any Member of the League resort to war in disregard of its cove-
nants under Articles 12, 13 or 15, it shall ipso facto be deemed to have com-
mitted an act of war against all other Members of the League, which hereby
undertake immediately to subject it to the severance of all trade or financial
relations, the prohibition of all intercourse between their nationals and the
nationals of the covenant-breaking State, and the prevention of all financial,
commercial or personal intercourse between the nationals of the covenant-
breaking State and the nationals of any other State, whether a Member of
the League or not.

It shall be the duty of the Council in such case to recommend to the several
Governments concerned what effective military, naval or air force the Mem-
bers of the League shall severally contribute to the armed forces to be used
to protect the covenant of the League.

The Members of the League agree, further, that they will mutually sup-
port one another in the financial and economic measures which are taken
under this Article, in order to minimise the loss and inconvenience resulting
from the above measures, and that they will mutually support one another in
resisting any special measures aimed at one of their number by the covenant-
breaking State, and that they will take the necessary steps to afford passage
through their territory to the forces of any of the Members of the League
which are co-operating to protect the covenants of the League.

Any member of the League which has violated any covenant of the League
may be declared to be no longer a Member of the League by a vote of the
Council concurred in by the Representat‘ves of all the other Members of the
League represented thereon.

ARTICLE 17.

In the event of a dispute between a Member of the League and a State
which is not a Member of the League, or between States not Members
of the League, the State or States not Members of the League shall be invited
to accept the obligations of membership in the League for the purposes of
such dispute, upon such conditions as the Council may deem just. If such
invitation is accepted the provisions of Articles 12 to 16 inclusive shall be ap-
plied with such modifications as may be deemed necessary by the Council.

Upon such invitation being given the Council shall immediately institute
an inquiry into the circumstances of the dispute and recommend such action
as may seem best and most effectual in the circumstances,

If a State so invited shall refuse to accept the obligations of membership
in the League for the purposes of stich dispute, and shall resort to war
478 INTERNATIONAL RELATIONS

against a Member of the League, the provisions of Artitte 16 shall be
applicable as against the State taking such action.

If both parties to the dispute when so invited refuse to accept the obliga-
tions of membership in the League for the purposes of such dispute, the
Council may take such measures and make such recommendations as will
prevent hostilities and will result in the settlement of the dispute.

Article 18.

Every treaty or international engagement entered into hereafter by any.
Member of the League shall be forthwith registered with the Secretariat and
shall as soon as possible be published by it. No such treaty or international
engagement shall be binding until so registered.

ARTICLE 19.

The Assembly may from time to time advise the reconsideration by
Members of the League of treaties which have become inapplicable and the
consideration of international conditions whose continuance might endanger
the peace of the world. ;

ARTICLE 20.

The Members of the League severally agree that this Covenant is accepted
as abrogating all obligations or understandings inter se which are inconsistent
with the terms thereof, and solemnly undertake that they will not hereafter
enter into any engagements inconsistent with the terms thereof.

In case any Member of the League shall, before becoming a Member of the
League, have undertaken any obligations inconsistent with the terms of this
Covenant, it shall be the duty of such Member to take immediate steps to
procure its release from such obligations.

ARTICLE 21.

Nothing in this Covenant shall be deemed to affect the validity of inter-
national engagements, such as treaties of arbitration or regional understand-
ings like the Monroe doctrine, for securing the maintenance of peace.

ARTICLE 22.

To those colonies and territories which as a consequence of the late war
have ceased to be under the sovereignty of the States which formerly gov-
erned them and which are inhabited by peoples not yet able to stand by them-
selves under the strenuous conditions of the modern world, there should be
applied the principle that the well-being and development of such peoples
form a sacred trust of civilisation and that securities for the performance
of this trust should be embodied in this Covenant.

The best method of giving practical effect to this principle is that the
tutelage of such peoples should be entrusted to advanced nations who by
TREATY OF PEACE 479

reason of their resources, their experience or their geographical position can
best undertake this responsibility, and who are willing to accept it, and that
this tutelage should be exercised by them as Mandatories on behalf of the
League.

The character of the mandate must differ according to the stage of the
development of the people, the geographical situation of the territory, its
economic conditions and other similar circumstances.

Certain communities formerly belonging to the Turkish Empire have
reached a stage of development where their existence as independent nations
can be provisionally recognised subject to the rendering of administrative
advice and assistance by a Mandatory until such time as they are able to
stand alone. The wishes of these communities must be a principal consider-
ation in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage that
the Mandatory must be responsible for the administration of the territory
under conditions which will guarantee freedom of conscience and religion,
subject only to the maintenance of public order and morals, the prohibition
of abuses such as the slave trade, the arms traffic and the liquor traffic, and
the prevention of the establishment of fortifications or military and naval
bases and of military training of the natives for other than police ‘purposes
and the defence of territory, and will also secure equal opportunities for the
trade.and commerce of other Members of the League.

There are territories, such as South-West Africa and certain of the South
Pacific Islands, which, owing to the sparseness of their population, or their
small size, or their remoteness from the centres of civilisation, or their
geographical contiguity to the territory of the Mandatory, and other cir-
cumstances, can be best administered under the laws of the Mandatory as
integral portions of its territory, subject to the safeguards above mentioned
in the interests of the indigenous population.

In every case of mandate, the Mandatory shall render to the Council an
annual report in reference to the territory committed to its charge.

The degree of authority, control, or administration to be exercised by the
Mandatory shall, if not previously agreed upon by.the Members of the
League, be explicitly defined in each case by the Council.

A permanent Commission shall be constituted to receive and examine the
annual reports of the Mandatories and to advise the Council on all matters
relating to the observance of the mandates.

ARTICLE 23.

Subject to and in accordance with the provisions of international con-
ventions existing or hereafter to be agreed upon, the Members of the League:
(a) will endeavour to secure and maintain fair and humane conditions
of labour for men, women and children, both in their own coun-
tries and in all countries to which their commercial and industrial
relations extend, and for that purpose will establish and maintain

the necessary international organisation;
480 INTERNATIONAL RELATIONS

(b) undertake to secure just treatment of the native inhabitants of
territories under their control;

(c) will entrust the League with the general supervision over the execu-
tion of agreements with regard to the trafic in women and
children, and the traffic in opium and other dangerous drugs;

(d) will entrust the League with the general supervision of the trade
in arms and ammunition with the countries in which the control
of this traffic is necessary in the common interest;

(e) will make provision to secure and maintain freedom of communica-
tions and of transit and equitable treatment for the commerce of
all Members of the League. In this connection, the special neces-
sities of the regions devastated during the war of 1914-1918 shall
be borne in mind;

(f) will endeavour to take steps in matters of international concern for
the prevention and control of disease.

ARTICLE 24.

There shall be placed under the direction of the League all international
bureaux already established by general treaties if the parties to such treaties
consent. All such international bureaux and all commissions for the regula-
tion of matters of international interest hereafter constituted shall be placed
under the direction of the League.

In all matters of international interest which are regulated by general
conventions but which are not placed under the control of international
bureaux or commissions, the Secretariat of the League shall, subject to the
consent of the Council and if desired by the parties, collect and distribute
all relevant information and shall render any other assistance which may be
necessary or desirable.

The Council may include as part of the expenses of the Secretariat the
expenses of any bureau or commission which is placed under the direction of
the League. *

ARTICLE 25.

The Members of the League agree to encourage and promote the estab-
lishment and co-operation of duly authorised voluntary national Red Cross
organizations having as purposes the improvement of health, the prevention
of disease and the mitigation of suffering throughout the world.

ARTICLE 26.
Amendments to this Covenant will take effect when ratified by the Mem-
bers of the League whose Representatives compose the Council and by a
majority of the Members of the League whose Representatives compose the

Assembly.
No such amendment shall bind any Member of the League which signifies
its dissent therefrom, but in that case it shall cease to be a Member of the

League.
TREATY OF PEACE 481

ANNEX.

I. ORIGINAL MEMBERS OF THE LEAGUE OF NATIONS SIGNATORIES OF THE TREATY

Unitep States or AMERICA,
BELcIUM.
Borivia,

Brazil.

BritisH Empire.
CANADA.
AUSTRALIA,
SoutH AFRICA.
New ZEALAND.
Inpia.

CHINA.

Cua.

Ecuapor.

FRANCE.

GREECE.

GUATEMALA.

OF PEACE.

Hartt.

HEDJAz.
Honpuras.

Irary.

JAPAN.

LIperia.
NICARAGUA.
PANAMA.

PERU.

PoLaANnp.
Portucat,
RouMANIA.
SERB-CROAT-SLOVENE STATE.
SIAM.
CzEcHO-SLOVAKIA.
Urucuay.

STATES INVITED TO ACCEDE TO THE COVENANT.

ARGENTINE REPUBLIC.
CHILI.

CoLoMBIA.

DENMARK.
NETHERLANDS.
Norway.

PARAGUAY.

Persia,
SALVADOR.
SPAIN.
SWEDEN.
SWITZERLAND.
VENEZUELA.

II. FIRST SECRETARY GENERAL, OF ‘HE LEAGUE OF NATIONS.
The Honourable Sir James Eric Drummond, K. C. M. G., C. B.

PART II.

BOUNDARIES OF GERMANY.

ARTICLE 27.

The boundaries of Germany will be determined as follows:

1. With Belgium:

From the point common to the three frontiers of Belgium, Holland and

Germany and in a southerly direction:

the north-eastern boundary of the former territory of neutral Moresnet,
482 INTERNATIONAL RELATIONS

then the eastern boundary of the Kreis of Eupen, then the frontier between
Belgium and the Kreis of Montjoie, then the north-eastern and eastern
boundary of the Kreis of Malmédy to its junction with the frontier of
Luxemburg.

2. With Luxemburg:

The frontier of August 3, 1914, to its junction with the frontier of France
of the 18th July, 1870.

3. With France:

The frontier of July 18, 1870, from Luxemburg to Switzerland with the
reservations made in Article 48 of Section IV (Saar Basin) of Part III.

4. With Switzerland:

The present frontier.

5. With Austria:

The frontier of August 3, 1914, from Switzerland to Czecho-Slovakia as
hereinafter defined.

6. With Czecho-Slovakia:

The frontier of August 3, 1914, between Germany and Austria from its
junction with the old administrative boundary separating Bohemia and the
province of Upper Austria to the point north of the salient of the old
province of Austrian Silesia situated at about 8 kilometres east of Neustadt.

7. With Poland:

From the point defined above to a point to be fixed on the ground about 2
kilometres east of Lorzendorf:

the frontier as it will be fixed in accordance with Article 88 of the present
Treaty;

thence in a northerly direction to the point where the administrative
boundary of Posnania crosses the river Bartsch:

a line to be fixed on the ground leaving the following places in Poland:
Skorischau, Reichthal, Trembatschau, Kunzendorf, Schleise, Gross Kosel,
Schreibersdorf, Rippin, Fiirstlich-Niefken, Pawelau, Tscheschen, Konradau,
Johannisdorf, Modzenowe, Bogdaj, and in Germany: Lorzendorf, Kaulwitz,
Glausche, Dalbersdorf, Reesewitz, Stradam, Gross, Wartenberg, Kraschen,
Neu Mittlewalde, Domaslawitz, Wedelsdorf, Tscheschen Hammer;

thence the administrative boundary of Posnania north-westwards to the
point where it cuts the Rawitsch-Herrnstadt railway;

thence to the point where the administrative boundary of Posnania cuts
the Reisen-Tschirnau road:

a line to be fixed on the ground passing west of Triebusch and Gabel and
east of Saborwitz;

thence the administrative boundary of Posnania to its junction with the
eastern administrative boundary of the Kreis of Fraustadt;

thence in a north-westerly direction to a point to be chosen on the road
between the villages of Unruhstadt and Kopnitz:

a line to be fixed on the ground passing west of Geyersdorf, Brenno,
Fehlen, Altkloster, Klebel, and east of Ulbersdorf, Buchwald, Ilgen, Weine,
Lupitze, Schwenten ;
TREATY OF PEACE 483

thence in a northerly direction to the northernmost point of Lake Chlop:

a line to be fixed on the ground following the median line of the lakes;
the town and the station of Bentschen however (including the junction of the
lines Schwiebus-Bentschen and Ziillichau-Bentschen) remaining in Polish
territory ;

thence in a north-easterly direction to the point of junction of the bound-
aries of the Kreise of Schwerin, Birnbaum and Meseritz:

a line to be fixed on the ground passing east of Betsche;

thence in a northerly direction the boundary separating the Kreise of
Schwerin and Birnbaum, then in an easterly direction the northern boundary
of Posnania to the point where it cuts the river Netze;

thence upstream to its confluence with the Kiiddow:

the course of the Netze;

thence upstream to a point to be chosen about 6 kilometres south-east of
Schneidemihl :

the course of the Kiiddow;

thence north-eastwards to the most southern point of the re-entant of the
northern boundary of Posnania about 5 kilometres west of Stahren:

a line to be fixed on the ground leaving the Schneidemithl-Konitz railway
in this area entirely in German territory;

thence the boundary of Posnania north-eastwards to the point of the
salient it makes about 15 kilometres east of Flatow;

thence north-eastwards to the point where the river Kamionka meets the
southern boundary of the Kreis of Konitz about 3 kilometres north-east of
Grunau:

a line to be fixed on the ground leaving the following places to Poland:
Jasdrowo, Gr. Lutau, KI. Lutau, Wittkau, and to Germany: Gr. Butzig,
Cziskowo, Battrow, Bock, Grunau;

thence in a northerly direction the boundary between the Kreise of Konitz
and Schlochau to the point where this boundary cuts the river Brahe;

thence to a point on the boundary of Pomerania 15 kilometres east of
Rummelsburg:

a line to be fixed on the ground leaving the following places in Poland:
Konarzin, Kelpin, Adl. Briesen, and in Germany: Sampohl, Neuguth, Stein-
fort, Gr. Peterkau;

then the boundary of Pomerania in an easterly direction to its junction
with the boundary between the Kreise of Konitz and Schlochau;

thence northwards the boundary between Pomerania and West Prussia to
the point on the river Rheda about 3 kilometres north-west of Gohra where
that river is joined by a tributary from the north-west ;

thence to a point to be selected in the bend of the Piasnitz river about 11
kilometres north-west of Warschkau:

a line to be fixed on the ground;

thence this river downstream, then the median line of Lake Zarnowitz,
then the old boundary of West Prussia to the Baltic Sea.

8. With Denmark:
484 INTERNATIONAL RELATIONS

The frontier as it will be fixed in accordance with Articles 109 to 111 of
Part III, Section XII (Schleswig).

ARTICLE 28.

The boundaries of East Prussia, with the reservations made in Section
IX (East Prussia) of Part III, will be determined as follows:

from a point on the coast of the Baltic Sea about 1% kilometres north of
Proébbernau church in a direction of about 159° East from true North:

a line to be fixed on the ground for about 2 kilometres ;

thence in a straight line to the light at the bend of the Elbing Channel in
approximately latitude 54° 1914’ North, longitude 19° 26' East of Green-
wich;

thence to the easternmost mouth of the Nogat River at a bearing of ap-
proximately 209° East from true North;

thence up the course of the Nogat River to the point where the latter
leaves the Vistula (Weichsel) ;

thence up the principal channel of navigation of the Vistula, then. the
southern boundary of the Kreis of Marienwerder, then that of the Kreis of
Rosenberg eastwards to the point where it meets the old boundary of East
Prussia.

thence the old boundary between East and West Prussia, then the bound-
ary between the Kreise of Osterode and Neidenburg, then the course of
the river Skottau downstream, then the course of the Neide upstream to a
point situated about 5 kilometres west of Bialutten being the nearest point
to the old frontier of Russia;

thence in an easterly direction to a point immediately south of the inter-
section of the road Neidenburg-Mlava with the old frontier of Russia:

a line to be fixed on the ground passing north of Bialutten;

thence the old frontier of Russia to a point east of Schmalleningken,
then the principal channel of navigation of the Niemen (Memel) downstream,
then the Skierwieth arm of the delta to the Kurisches Haff;

thence a straight line to the point where the eastern shore of the Kurische
Nehrung meets the administrative boundary about 4 kilometres south-west
of Nidden;

thence this administrative boundary to the western shore of the Kurische
Nehrung.

ARTICLE 29.

The boundaries as described above are drawn in red on a one-in-a-million
map which is annexed to the present Treaty (Map No. 1.)

In the case of any discrepancies between the text of the Treaty and this
map or any other map which may be annexed, the text will be final.

ARTICLE 30.

In the case of boundaries which are defined by a waterway, the terms
“course” and “channel” used in the present Treaty signify: in the case of
TREATY OF PEACE 485

non-navigable rivers, the median line of the waterway or of its principal arm,
and, in the case of navigable rivers, the median line of the principal channel
of navigation. It will rest with the Boundary Commissions provided by the
present Treaty to specify in each case whether the frontier line shall follow
any changes of the course or channel which may take place or whether it
shall be definitely fixed by the position of the course or channel at the time
when the present Treaty comes into force.

PART IIL.
POLITICAL CLAUSES FOR EUROPE.

Secrion I.
BELGIUM.
ARTICLE 31.

Germany, recognizing that the Treaties of April 19, 1839, which established
the status of Belgium before the war no longer conform to the requirements
of the situation, consents to the abrogation of the said Treaties and under-
takes immediately to recognize and to observe whatever conventions may be
entered into by the Principal Allied and Associated Powers, or by any of
them, in concert with the Governments of Belgium and of the Netherlands,
to replace the said Treaties of 1839. If her formal adhesion should be
required to such conventions or to any of their stipulations, Germany under-
takes immediately to give it.

ARTICLE 32.

Germany recognizes the full sovereignty of Belgium over the whole of the
contested territory of Moresnet (called Moresnet neutre).

ARTICLE 33.

Germany renounces in favour of Belgium all rights and title over the
territory of Prussian Moresnet situated on the west of the road from Liége
to Aix-la-Chapelle; the road will belong to Belgium where it bounds this
territory.

ARTICLE 34.

Germany renounces in favour of Belgium all rights and title over the
territory comprising the whole of the Kreise of Eupen and of Malmédy.

During the six months after the coming into force of this Treaty, registers
will be opened by the Belgian authority at Eupen and Malmédy in which the
inhabitants of the above territory will be entitled to record in writing a desire
to see the whole or part of it remain under German sovereignty.
486 INTERNATIONAL RELATIONS

The results of this public expression of opinion will be communicated by
the Belgian Government to the League of Nations, and Belgium undertakes
to accept the decision of the League.

ARTICLE 35.

A Commission of seven persons, five of whom will be appointed by the
Principal Allied and Associated Powers, one by Germany and one by
Belgium, will be set up fifteen days after the coming into force of the
present T'reaty to settle on the spot the new frontier line between Belgium
and Germany, taking into account the economic factors and the means of
communication.

Decisions will be taken by a majority and will be binding on the parties
concerned.

ARTICLE 36.

When the transfer of the sovereignty over the territories referred to above
has become definite, German nationals habitually resident in the territories
will definitively acquire Belgian nationality ipso facto, and will lose their
German nationality.

Nevertheless, German nationals who became resident in the territories after
August 1, 1914, shall not obtain Belgian nationality without a permit from
the Belgian Government.

ARTICLE 37.

Within the two years following the definitive transfer of the sovereignty
over the territories assigned to Belgium under the present Treaty, German
nationals over 18 years of age habitually resident in those territories will be
entitled to opt for German nationality.

Option by a husband will cover his wife, and option by parents will cover
their children under 18 years of age.

Persons who have exercised the above right to opt must within the ensuing
twelve months transfer their place of residence to Germany.

They will be entitled to retain their immovable property in the territories
acquired by Belgium. They may carry with them their movable property of
every description. No export or import duties may be imposed upon them in
connection with the removal of such property.

ARTICLE 38.

The German Government will hand over without delay to the Belgian
Government the archives, registers, plans, title deeds and documents of
every kind concerning the civil, military, financial, judicial or other admin-
istrations in the territory transferred to Belgian sovereignty.

The German Government will likewise restore to the Belgian Government
the archives and documents of every kind carried off during the war by the
TREATY OF PEACE 487

German authorities from the Belgian public administrations, in particular
from the Ministry of Foreign Affairs at Brussels.

ARTICLE 39.

The proportion and nature of the financial liabilities of Germany and of
Prussia which Belgium will have to bear on account of the territories ceded
to her shall be fixed in conformity with Articles 254 and 256 of Part IX
(Financial Clauses) of the present Treaty.

Secrion II.
LUXEMBURG.

ARTICLE 40.

With regard to the Grand Duchy of Luxemburg, Germany renounces the
benefit of all the provisions inserted in her favour in the Treaties of February
8, 1842, April 2, 1847, October 20-25, 1865, August 18, 1866, February 21 and
May 11, 1867, May 10, 1871, June 11, 1872, and November 11, 1902, and in all
Conventions consequent upon such Treaties.

Germany recognizes that the Grand Duchy of Luxemburg ceased to form
part of the German Zollverein as from January 1, 1919, renounces all rights
to the exploitation of the railways, adheres to the termination of the régime
of neutrality of the Grand Duchy, and accepts in advance all international
arrangements which may be concluded by the Allied and Associated Powers
relating to the Grand Duchy.

ARTICLE 41.

Germany undertakes to grant to the Grand Duchy of Luxemburg, when a
demand to that effect is made to her by the Principal Allied and Associated
Powers, the rights and advantages stipulated in favour of such Powers or
their nationals in the present Treaty with regard to economic questions, to
questions relative to transport and to aerial navigation.

Section IIT.
LEFT BANK OF THE RHINE.

ARTICLE 42.

Germany is forbidden to maintain or construct any fortifications either on
the left bank of the Rhine or on the right bank to the west of a line drawn
50 kilometres to the East of the Rhine.

ARTICLE 43.

In the area defined above the maintenance and the assembly of armed
forces, either permanently or temporarily, and military manceuvres of any
488 INTERNATIONAL RELATIONS

kind, as well as the upkeep of all permanent works for mobilization, are in
the same way forbidden.
ARTICLE 44.

In case Germany violates in any manner whatever the provisions of
Articles 42 and 43, she shall be regarded as committing a hostile act against
the Powers signatory of the present Treaty and as calculated to disturb the
peace of the world.

Section IV.
SAAR BASIN.
ARTICLE 45.

As compensation for the destruction of the coal-mines in the north of
France and as part payment towards the total reparation due from Germany
for the damage resulting from the war, Germany cedes to France in full
and absolute possession, with exclusive rights of exploitation, unencumbered
and free from all debts and charges of any kind, the coal-mines situated in
the Saar Basin as defined in Article 48.

ARTICLE 46.

In order to assure the rights and welfare of the population and to guarantee
to France complete freedom in working the mines, Germany agrees to the
provisions of Chapters I and II of the Annex hereto.

ARTICLE 47.

In order to make in due time permanent provision for the government of
the Saar Basin in accordance with the wishes of the populations, France
and Germany agree to the provisions of Chapter III of the Annex hereto.

ARTICLE 48.

The boundaries of the territory of the Saar Basin, as dealt with in the
present stipulations, will be fixed as follows:

On the south and south-west: by the frontier of France as fixed by the
present Treaty.

On the northwest and north: by a line following the northern admin-
istrative boundary of the Kreis of Merzig from the point where it leaves the
French frontier to the point where it meets the administrative boundary
separating the commune of Saarhdlzbach from the commune of Britten;
following this communal boundary southwards and reaching the adminis-
trative boundary of the canton of Merzig so as to include in the territory of
the Saar Basin the canton of Mettlach, with the exception of the commune
of Britten; following successively the northern administrative boundaries of
the cantons of Merzig and Haustadt, which are incorporated in the afore-
TREATY OF PEACE 489

said Saar Basin, then successively the administrative boundaries separating
the Kreise of Sarrelouis, Ottweiler and Saint-Wendel from the Kreise of
Merzig, Tréves (Trier) and the Principality of Birkenfeld as far as a point
situated about 500 metres north of the village of Furschweiler (viz., the
highest point of the Metzelberg).

On the north-east and east: from the last point defined above to a point
about 3% kilometres east-north-east of Saint-Wendel:

a line to be fixed on the ground passing east of Furschweiler. west of
Roschberg, east of points 418, 329 (south of Roschberg), west of Leiters-
weiler, north-east of point 464, and following the line of the crest south-
wards to its junction with the administrative boundary of the Kreis of Kusel;

thence in a southerly direction the boundary of the Kreis of Kusel, then
the boundary of the Kreis of Homberg towards the south-south-east to a
point situated about 1000 metres west of Dunzweiler;

thence to a point about 1 kilometre south of Hornbach:

a line to be fixed on the ground passing through point 424 (about 1000
metres south-east of Dunzweiler), point 363 (Fuchs-Berg), point 322 (south-
west of Waldmohr), then east of Jagersburg and Erbach, then encircling
Homburg, passing through the points 361 (about 2%4 kilometres north-east
by east of that town), 342 (about 2 kilometres south-east of that town),
347 (Schreiners-Berg), 356, 350 (about 114 kilometres south-east of Schwar-
zenbach), then passing east of Eindd, south-east of points 322 and 333, about
2 kilometres east of Webenheim, about 2 kilometres east of Mimbach, passing
east of the plateau which is traversed by the road from Mimbach to Béck-
weiler (so as to include this road in the territory of the Saar Basin); passing
immediately north of the junction of the roads from Bockweiler and Altheim
situated about 2 kilometres north of Altheim, then passing south of Ring-
weilerhof and north of point 322, rejoining the frontier of France at the
angle which it makes about 1 kilometre south of Hornbach (see Map No. 2
scale 1/100,000, annexed to the present Treaty).

A Commission composed of five members, one appointed by France, one
by Germany, and three by the Council of the League of Nations, which will
select nationals of other Powers, will be constituted within fifteen days from
the coming into force of the present Treaty, to trace on the spot the frontier
line described above.

In those parts of the preceding line which do not coincide with admin-
istrative boundaries, the Commission will endeavour to keep to the line indi-
cated, while taking into consideration, so far as is possible, local economic
interests and existing communal boundaries.

The decisions of this Commission will be taken by a majority, and will be
binding on the parties concerned.

ARTICLE 49.

Germany renounces in favour of the League of Nations, in the capacity
of trustee, the government of the territory defined above.
490 INTERNATIONAL RELATIONS

At the end of fifteen years from the coming into force of the present
Treaty the inhabitants of the said territory shall be called upon to indicate
the sovereignty under which they desire to be placed.

ARTICLE 50.

The stipulations under which the cession of the mines in the Saar Basin
shall be carried out, together with the measures intended to guarantee the
rights and the well-being of the inhabitants and the government of the
territory, as well as the conditions in accordance with which the plebiscite
hereinbefore provided for is to be made, are laid down in the Annex hereto.
This Annex shall be considered as an integral part of the present Treaty,
and Germany declares her adherence to it.

ANNEX.

In accordance with the provisions of Articles 45 to 50 of the present
Treaty, the stipulations under which the cession by Germany to France of
the mines of the Saar Basion will be effected, as well as the measures in-
tended to ensure respect for the rights and well-being of the population and
the government of the territory, and the conditions in which the inhabitants
will be called upon to indicate the sovereignty under which they may wish
to be placed, have been laid down as follows:

Cuapter I.
CESSION AND EXPLOITATION OF MINING PROPERTY.

1. From the date of the coming into force of the present Treaty, all the
deposits of coal situated within the Saar Basin as defined in Article 48 of
the said Treaty, become the complete and absolute property of the French
State.

The French State will have the right of working or not working the said
mines, or of transferring to a third party the right of working them, without
having to obtain any previous authorisation or to fulfil any formalities.

The French State may always require that the German mining laws and
regulations referred to below shall be applied in order to ensure the determi-
nation of its rights.

2. The right of ownership of the French State will apply not only to the
deposits which are free and for which concessions have not yet been granted,
but also to the deposits for which concessions have already been granted,
whoever may be the present proprietors, irrespective of whether they belong
to the Prussian State, to the Bavarian State, to other States or bodies, to
companies or to individuals, whether they have been worked or not, or
whether a right of exploitation distinct from the right of the owners of the
surface of the soil has or has not been recognized.

As far as concerns the mines which are being worked, the transfer of the
TREATY OF PEACE 491

ownership to the French State will apply to all the accessories and subsidi-
aries of the said mines, in particular to their plant and equipment both on
and below the surface, to their extracting machinery, their plants for trans-
forming coal into electric power, coke and by-products, their workshops,
means of communication, electric lines, plant for catching and distributing
water, land, buildings such as offices, managers’, employees’ and workmen’s
dwellings, schools, hospitals and dispensaries, their stocks and supplies of
every description, their archives and plans, and in general everything which
those who own or exploit the mines possess or enjoy for the purpose of
exploiting the mines and their accessories and subsidiaries.

The transfer will apply also to the debts owing for products delivered
before the entry into possession by the French State, and after the signature
of the present Treaty, and to deposits of money made by customers, whose
rights will be guaranteed by the French State.

4. The French State will acquire the property free and clear of all debts
and charges. Nevertheless, the rights acquired, or in course of being
acquired, by the employees of the mines and their accessories and subsidiaries
at the date of the coming into force of the present Treaty, in connection
with pensions for old age or disability, will not be affected. In return,
Germany must pay over to the French State a sum representing the actuarial
amounts to which the said employees are entitled.

5. The value of the property thus ceded to the French State will be de-
termined by the Reparation Commission referred to in Article 233 of Part
VIII (Reparation) of the present. Treaty.

This value shall be credited to Germany in part payment of the amount due
for reparation.

It will be for Germany to indemnify the proprietors or parties concerned,
whoever they may be.

6. No tariff shall be established on the German railways and canals which
may directly or indirectly discriminate to the prejudice of the transport of
the personnel or products of the mines and their accessories or subsidiaries,
or of the material necessary to their exploitation. Such transport shall
enjoy all the rights and privileges which any international railway conven-
tions may guarantee to similar products of French origin.

7. The equipment and personnel necessary to ensure the despatch and
transport of the products of the mines and their accessories and subsidiaries,
as well as the carriage of workmen and employees, will be provided by the
local railway administration of the Basin.

8. No obstacle shall be placed in the way of such improvements of railways
or waterways as the French State may judge necessary to assure the despatch
and the transport of the products of the mines and their accessories and
subsidiaries, such as double trackage, enlargement of stations, and construc-
tion of yards and appurtenances. The distribution of expenses will, in the
event of disagreement, be submitted to arbitration.

The French State may also establish any new means of communication,
such as roads, electric lines and telephone connections which it may consider
necessary for the exploitation of the mines.
492 INTERNATIONAL RELATIONS

It may exploit freely and without any restrictions the means of communi-
cation of which it may become the owner, particularly those connecting the
mines and their accessories and subsidiaries with the means of communica-
tion situated in French territory.

g. The French State shall always be entitled to demand the application of
the German mining laws and regulations in force on November 11, 1918,
excepting provisions adopted exclusively in view of the state of war, with a
view to the acquisition of such land as it may judge necessary for the
exploitation of the mines and their accessories and subsidiaries.

The payment for damage caused to immovable property by the working
of the said mines and their accessories and subsidiaries shall be made in
accordance with the German mining laws and regulations above referred to.

1o. Every person whom the French State may substitute for itself as
regards the whole or part of its rights to the exploitation of the mines and
their accessories and subsidiaries shall enjoy the benefit of the privileges
provided in this Annex.

11. The mines and other immovable property which become the property
of the French State may never be made the subject of measures of forfeiture,
forced sale, expropriation or requisition, nor of any other measure affecting
the right of property.

The personnel and the plant connected with the exploitation of these mines
or their accessories and subsidiaries, as well as the product extracted from
the mines or manufactured in their accessories and subsidiaries, may not
at any time be made the subject of any measures of requisition.

The exploitation of the mines and their accessories and subsidiaries, which
become the property of the French State, will continue, subject to the pro-
visions of paragraph 23 below, to be subject to the régime established by the
German laws and regulations in force on November 11, 1918, excepting pro-
visions adopted exclusively in view of the state of war.

The rights of the workmen shall similarly be maintained, subject to the
provisions of the said paragraph 23, as established on November 11, 1918,
by the German laws and regulations above referred to.

No impediment shall be placed in the way of the introduction or employ-
ment in the mines and their accessories and subsidiaries of workmen from
without the Basin.

The employees and workmen of French nationality shall have the right
to belong to French labour unions.

13. The amount contributed by the mines and their accessories and sub-
sidiaries, either to the local budget of the territory of the Saar Basin or to
the communal funds, shall be fixed with due regard to the ratio of the value
of the mines to the total taxable wealth of the Basin.

14. The French State shall always have the right of establishing and main-
taining, as incidental to the mines, primary or technical schools for its
employees and their children, and of causing instruction therein to be given
in the French language, in accordance with such curriculum and by such
teachers as it may select.
TREATY OF PEACE 493

It shall also have the right to establish and maintain hospitals, dispensaries,
workmen’s houses and gardens and other charitable and social institutions.

15. The French State shall enjoy complete liberty with respect to the dis-
tribution, dispatch and sale prices of the products of the mines and their
accessories and subsidiaries.

Nevertheless, whatever may be the total product of the mines, the French
Government undertakes that the requirements of local consumption for
industrial and domestic purposes shall always be satisfied in the proportion
existing in 1913 between the amount consumed locally and the total output
of the Saar Basin.

Cuapter II.
GOVERNMENT OF THE TERRITORY OF THE SAAR BASIN.

16. The Government of the territory of the Saar Basin shall be entrusted to
a Commission representing the League of Nations. This Commission shall
sit in the territory of the Saar Basin.

17. The Governing Commission provided for by paragraph 16 shall consist
of five members chosen by the Council of the League of Nations, and will
include one citizen of France, one native inhabitant of the Saar Basin, not
a citizen of France, and three members belonging to three countries other
than France or Germany.

The members of the Governing Commission shall be appointed for one year
and may be re-appointed. They can be removed by the Council of the League
of Nations, which will provide for their replacement.

The members of the Governing Commission will be entitled to a salary
which will be fixed by the Council of the League of Nations, and charged on
the local revenues.

18. The Chairman of the Governing Commission shall be appointed for one
year from among the members of the Commission by the Council of the
League of Nations and may be re-appointed.

The Chairman will act as the executive of the Commission.

19. Within the territory of the Saar Basin the Governing Commission shall
have all the powers of government hitherto belonging to the German Empire,
Prussia, or Bavaria, including the appointment and dismissal of officials,
and the creation of such administrative and representative bodies as it may
deem necessary.

It shall have full powers to administer and operate the railways, canals
and the different public services.

Its decisions shall be taken by a majority.

20. Germany will place at the disposal of the Governing Commission all
official documents and archives under the control of Germany, of any
German State, or of any local authority, which relate to the territory of the
Saar Basin or to the rights of the inhabitants thereof.
494 INTERNATIONAL RELATIONS

at. It will be the duty of the Governing Commission to ensure, by such
means and under such conditions as it may deem suitable, the protection
abroad of the interests of the inhabitants of the territory of the Saar Basin.

22. The Governing Commission shall have the full right of user of all
property, other than mines, belonging, either in public or in private domain,
to the Government of the German Empire, or the Government of any
German State, in the territory of the Saar Basin.

As regards the railways an equitable apportionment of rolling stock shall
be made by a mixed Commission on which the Government of the territory
of the Saar Basin and the German railways will be represented.

Persons, goods, vessels, carriages, wagons and mails coming from or
going to the Saar Basin shall enjoy all the rights and privileges relating to
transit and transport which are specified in the provisions of Part XII (Ports,
Waterways and Railways) of the present Treaty.

23. The laws and regulations in force on November 11, 1918, in the ter-
ritory of the Saar Basin (except those enacted in consequence of the state
of war) shall continue to apply.

If, for general reasons or to bring these laws and regulations into accord
with the provisions of the present Treaty, it is necessary to introduce modi-
fications, these shall be decided on, and put into effect by the Governing
Commission, after consultation with the elected representatives of the
inhabitants in such a manner as the Commission may determine.

No modification may be made in the legal régime for the exploitation of
the mines, provided for in paragraph 12, without the French State being
previously consulted, unless such modification results from a general regula-
tion respecting labour adopted by the League of Nations.

In fixing the conditions and hours of labour for men, women and children,
the Governing Commission is to take into consideration the wishes ex-
pressed by the local labour organisations, as well as the principles adopted
by the League of Nations.

24. Subject to the provisions of paragraph 4, no rights of the inhabitants
of the Saar Basin acquired or in process of acquisition at the date of the
coming into force of this Treaty, in respect of any insurance system of
Germany or in respect of any pension of any kind, are affected by any of
the provisions of the present Treaty.

Germany and the Government of the territory of the Saar Basin will pre-
serve and continue all of the aforesaid rights.

25. The civil and criminal courts existing in the territory of the Saar
Basin shall continue.

A civil and criminal court will be established by the Governing Commis-
sion to hear appeals from the decisions of the said courts and to decide
matters for which these courts are not competent. ;

The Governing Commission will be responsible for settling the organisa-
tion and jurisdiction of the said court.

Justice will be rendered in the name of the Governing Commission.
TREATY OF PEACE 495

26. The Governing Commission will alone have the power of levying taxes
and dues in the territory of Saar Basin.

These taxes and dues will be exclusively applied to the needs of the
territory.

The fiscal system existing on November 11, 1918, will be maintained as
far as possible, and no new tax except customs duties may be imposed without
previously consulting the elected representatives of the inhabitants.

27. The present stipulations will not affect the existing nationality of the
inhabitants of the territory of the Saar Basin.

No hindrance shall be placed in the way of those who wish to acquire a
different nationality, but in such case the acquisition of the new nationality
will involve the loss of any other.

28. Under the control of the Governing Commission the inhabitants will
retain their local assemblies, their religious liberties, their schools and their
language.

The right of voting will not be exercised for any assemblies other than the
local assemblies, and will belong to every inhabitant over the age of twenty
years, without distinction of sex.

29. Any of the inhabitants of the Saar Basin who may desire to leave the
territory will have full liberty to retain in it their immovable property or to
sell it at fair prices, and to remove their movable property free of any
charges.

30. There will be no military service, whether compulsory or voluntary, in
the territory of the Saar Basin, and the construction of fortifications therein
is forbidden.

Only a local gendarmerie for the maintenance of order may be established.

It will be the duty of the Governing Commission to provide in all cases for
protection of persons and property in the Saar Basin.

31. The territory of the Saar Basin as defined by Article 48 of the pres-
ent Treaty shall be subjected to the French customs régime. The receipts
from the customs duties on goods intended for local consumption shall he
included in the budget of the said territory after deduction of all costs of
collection.

No export tax shall be imposed upon metallurgical products or coal ex-
ported from the said territory to Germany, nor upori German exports for the
use of the industries of the territory of the Saar Basin.

Natural or manufactured products originating in the Basin in transit
over German territory and, similarly, German products in transit over the
territory of the Basin shall be free of all customs duties.

Products which both originate in and pass from the Basin into Germany
shall be free of import duties for a period of five years from the date of
the coming into force of the present Treaty, and during the same period
articles imported from Germany into the territory of the Basin for local
consumption shall likewise be free of import duties.

During these five years the French Government reserves to itself the right
of limiting to the annual average of the quantities imported into Alsace-Lor-
496 INTERNATIONAL RELATIONS

raine and France in the years 1911 to 1913 the quantities which may be sent
into France of all articles coming from the Basin which include raw materials
and semi-manufactured goods imported duty free from Germany. Such aver-
age shall be determined after reference to all available official information
and statistics.

32. No prohibition or restriction shall be imposed upon the circulation of
French money in the territory of the Saar Basin.

The French State shall have the right to use French money in all pur-
chases, payments and contracts connected with the exploitation of the mines
or their accessories and subsidiaries.

33. The Governing Commission shall have power to decide all questions
arising from the interpretation of the preceding provisions.

France and Germany agree that any dispute involving a difference of
opinion as to the interpretation of the said provisions shall in the same way
be submitted to the Governing Commission, and the decision of a majority
of the Commission shall be binding on both countries.

Cuapter III.

PLEBISCITE.

34. At the termination of a period of filteen years from the coming into
force of the present Treaty, the population of the territory of the Saar
Basin will be called upon to indicate their desires in the following manner:

A vote will take place by communes or districts, on the three following
alternatives: (a) maintenance of the régime established by the present
Treaty and by this Annex; (b) union with France; (c) union with
Germany.

All persons without distinction of sex, more than twenty years old at the
date of the voting, resident in the territory at the date of the signature of the
present Treaty, will have the right to vote.

The other conditions, methods and the date of the voting shall be fixed
by the Council of the League of Nations in such a way as to secure the free-
dom, secrecy and trustworthiness of the voting.

35. The League of Nations shall decide on the sovereignty under which the
territory is to be placed, taking into account the wishes of the inhabitants as
expressed by the voting:

(a) If, for the whole or part of the territory, the League of Nations de-
cides in favour of the maintenance of the régime established by the present
Treaty and this Annex, Germany hereby agrees to make such renunciation of
her sovereignty in favour of the League of Nations as the latter shall deem
necessary. It will be the duty of the League of Nations to take appropriate
steps to adapt the régime definitively adopted to the permanent welfare of
the territory and the general interest;

(b) If, for the whole or part of the territory, the League of Nations decides
in favour of union with France, Germany hereby agrees to cede to France
TREATY OF PEACE 497

in accordance with the decision of the League of Nations all rights and title
over the territory specified by the League;

(c) If, for the whole or part of the territory, the League of Nations
decides in favour of union with Germany, it will be the duty of the League
of Nations to cause the German Government to be re-established in the
government of the territory specified by the League.

36. If the League of Nations decides in favour of the union of the whole
or part of the territory of the Saar Basin with Germany, France’s rights of
ownership in the mines situated in such part of the territory will be repur-
chased by Germany in their entirety at a price payable in gold. The price
to be paid will be fixed by three experts, one nominated by Germany, one by
France, and one, who shall be neither a Frenchman nor a German, by the
Council of the League of Nations; the decision of the experts will be given
by a majority.

The obligation of Germany to make such payment shall be taken into
account by the Reparation Commission, and for the purpose of this payment
Germany may create a prior charge upon her assets or revenues upon such
detailed terms as shall be agreed to by the Reparation Commission.

If, nevertheless, Germany after a period of one year from the date on
which the payment becomes due shall not have effected the said payment, the
Reparation Commission shall do so in accordance with such instructions as
may be given by the League of Nations, and, if necessary, by liquidating
that part of the mines which is in question.

37. If, in consequence of the repurchase provided for in paragraph 36, the
ownership of the mines or any part of them is transferred to Germany, the
French State and French nationals shall have the right to purchase such
amount of coal of the Saar Basin as their industrial and domestic needs are
found at that time to require. An equitable arrangement regarding amounts
of coal, duration of contract, and prices will be fixed in due time by the
Council of the League of Nations.

38. It is understood that France and Germany may, by special agreements
concluded before the time fixed for the payment of the price for the repur-
chase of the mines, modify the provisions of paragraphs 36 and 37.

39. The Council of the League of Nations shall make such provisions as may
be necessary for the establishment of the régime which is to take effect after
the decisions of the League of Nations mentioned in paragraph 35 have
become operative, including an equitable apportionment of any obligations
of the Government of the territory of the Saar Basin arising from loans
raised by the Commission or from other causes.

From the coming into force of the new régime, the powers of the Govern-
ing Commission will terminate, except in the case provided for in paragraph
35 (a).

4o. In all matters dealt with in the present Annex, the decisions of the
Council of the League of Nations will be taken by a majority.
498 INTERNATIONAL RELATIONS

Section V.
ALSACE-LORRAINE.

The Hich Contractine Parviss, recognising the moral obligation to redress
the wrong done by Germany in 1871 both to the rights of France and to the
wishes of the population of Alsace and Lorraine, which were separated from
their country in spite of the solemn protest of their representatives at the
Assembly of Bordeaux,

Agree upon the following Articles:

ARTICLE 51.

The territories which were ceded to Germany in accordance with the
Preliminaries of Peace signed at Versailles on February 26, 1871, and the
Treaty of Frankfort of May 10, 1871, are restored to French sovereignty as
from the date of the Armistice of November 11, 1918.

The provisions of the Treaties establishing the delimitation of the frontiers
before 1871 shall be restored.

ARTICLE 52.

The German Government shall hand over without delay to the French
Government all archives, registers, plans, titles and documents of every kind
concerning the civil, military, financial, judicial or other administrations of
the territories restored to French sovereignty. If any of these documents,
archives, registers, titles or plans have been misplaced, they will be restored
by the German Government on the demand of the French Government.

ARTICLE 53.

Separate agreements shall be made between France and Germany dealing
with the interests of the inhabitants of the territories referred to in Article
51, particularly as regards their civil rights, their business and the exercise
of their professions, it being understood that Germany undertakes as from the
present date to recognise and accept the regulations laid down in the Annex
hereto regarding the nationality of the inhabitants or natives of the said
territories, not to claim at any time or in any place whatsoever as German
nationals those who shall have been declared on any ground to be French, to
receive all others in her territory, and to conform, as regards the property of
German Nationals in the territories indicated in Article 51, with the provisions
of Article 297 and the Annex to Section IV of Part X’ (Economic Clauses)
of the present Treaty.

Those German nationals who without acquiring French nationality shall
receive permission from the French Government to reside in the said ter-
ritories shall not be subjected to the provisions of the said Article.
TREATY OF PEACE 499

ARTICLE 54.

Those persons who have regained French nationality in virtue of paragraph
1 of the Annex hereto will be held to be Alsace-Lorrainers for the purposes
of the present Section.

The persons referred to in paragraph 2 of the said Annex will from the day
on which they have claimed French nationality be held to be Alsace-Lor-
rainers with retroactive effect as from November 11, 1918. For those whose
application is rejected, the privilege will terminate at the date of the refusal.

Such juridical persons will also have the status of Alsace-Lorrainers
as shall have been recognised as possessing this quality, whether by the
French administrative authorities or by a judicial decision,

ARTICLE 55.
The territories referred to in Article 51 shall return to France free and
quit of all public debts under the conditions laid down in Article 255 of Part
IX (Financial Clauses) of the present Treaty.

ARTICLE 56.

In conformity with the provisions of Article 256 of Part IX (Financial
Clauses) of the present Treaty, France shall enter into possession of all
property and estate, within the territories referred to in Article 51, which
belong to the German Empire or German States, without any payment or
credit on this account to any of the States ceding the territories.

This provision applies to all movable or immovable property of public or
private domain together with all rights whatsoever belonging to the German
Empire or German States or to their administrative areas.

Crown property and the property of the former Emperor or other German
sovereigns shall be assimilated to property of the public domain.

ARTICLE 57.

Germany shall not take any action, either by means of stamping or by any
other legal or administrative measures not applying equally to the rest of her
territory, which may be to the detriment of the legal value or redeemiability
of German monetary instruments or monies which, at the date of the sig-
nature of the present Treaty, are legally current, and at that date are in the
possession of the French Government.

ARTICLE 58.

A special Convention will determine the conditions for repayment in marks
of the exceptional war expenditure advanced during the course of the war
by Alsace-Lorraine or by the public bodies in Alsace-Lorraine on account
of the Empire in accordance with German law, such as payment to the
families of persons mobilised, requisitions, billeting of troops, and assistance
to persons who have been evacuated.
500 INTERNATIONAL RELATIONS

Jn fixing the amount of these sums Germany shall be credited with that
portion which Alsace-Lorraine would have contributed to the Empire to meet
the expenses resulting from these payments, this contribution being calculated
according to the proportion of the Imperial revenues derived from Alsace-
Lorraine in 1913.

ARTICLE 59.

The French Government will collect for its own account the Imperial
taxes, duties and dues of every kind leviable in the territories referred to in
Article 51 and not collected at the time of the Armistice of November 11, 1918

ARTICLE 60.

The German Government shall without delay restore to Alsace-Lorrainers
(individuals, juridical persons and public institutions) all property, rights and
interests belonging to them on November 11, 1918, in so far as these are
situated in German territory.

ARTICLE 61.

The German Government undertakes to continue and complete without
delay the execution of the financial clauses regarding Alsace-Lorraine con-
tained in the Armistice Conventions.

ARTICLE 62.

The German Government undertakes to bear the expense of all civil and
military pensions which had been earned in Alsace-Lorraine on date of
November 11, 1918, and the maintenance of which was a charge on the bud-
get of the German Empire.

The German Government shall furnish each year the funds necessary for
the payment in francs, at the average rate of exchange for that year, of the
sums in marks to which persons resident in Alsace-Lorraine would have
been entitled if Alsace-Lorraine had remained under German jurisdiction

_ ARTICLE 63.

For the purposes of the obligation assumed by Germany in Part VIIT
(Reparation) of the present Treaty to give compensation for damages caused
to the civil populations of the Allied and Associated countries in the form
of fines, the inhabitants of the territories referred to in Article 51 shall be
assimilated to the above-mentioned populations.

ARTICLE 64.

The regulations concerning the control of the Rhine and of the Moselle are
laid down in Part XII (Ports, Waterways and Railways) of the present
Treaty.
TREATY OF PEACE 501

ARTICLE 65.

Within a period of three weeks after the coming into force of the present
Treaty, the port of Strasburg and the port of Kehl shall be constituted, for a
period of seven years, a single unit from the point of view of exploitation.

The administration of this single unit will be carried on by a manager
named by the Central Rhine Commission, which shall also have power to re-
move him.

This manager shall be of French nationality.

He will reside in Strasburg and will be subject to the supervision of the
Central Rhine Commission.

There will be established in the two ports free zones in conformity with
Part XII (Ports, Waterways and Railways) of the present Treaty.

A special Convention between France and Germany, which shall be sub-
mitted to the approval of the Central Rhine Commission, will fix the details
of this organization, particularly as regards finance.

It is understood that for the purpose of the present Article the port of
Kehl includes the whole of the area necessary for the movements of the port
and the trains which serve it, including the harbour, quays and railroads,
platforms, cranes, sheds and warehouses, silos, elevators and hydro-electric
plants, which make up the equipment of the port.

The German Government undertakes to carry out all measures which shall
be required of it in order to assure that all the making-up and switching of
trains arriving at or departing from Kehl, whether for the right bank or the
left bank of the Rhine, shall be carried on in the best conditions possible.

All property rights shall be safeguarded. In particular the administration
of the ports shall not prejudice any property rights of the French or Baden
railroads. s

Equality of treatment as respects traffic shall be assured in both ports to the
nationals, vessels and goods of every country.

In case at the end of the sixth year France shall consider that the progress
made in the improvement of the port of Strasburg still requires a prolonga-
tion of this temporary régime, she may ask for such prolongation from the
Central Rhine Commission, which may grant an extension for a period not
exceeding three years.

Throughout the whole period of any such extension the free zones above
provided for shall be maintained.

Pending appointment of the first manager by the Central Rhine Commis-
sion a provisional manager who shall be of French nationality may be ap-
pointed by the Principal Allied and Associated Powers subject to the fore-
going provisions.

For all purposes of the present Article the Central Rhine Commission will
decide by a majority of votes.

ARTICLE 66.

The railway and other bridges across the Rhine now existing within the
502 INTERNATIONAL RELATIONS

limits of Alsace-Lorraine shall, as to all their parts and their whole length,
be the property of the French State, which shall ensure their upkeep.

ARTICLE 67.

The French Government is substituted in all the rights of the German Em-
pire over all the railways which were administered by the Imperial railway
administration and which are actually working or under construction.

The same shall apply to the rights of the Empire with regard to railway
and tramway concessions within the territories referred to in Article 51.

This substitution shall not entail any payment on the part of the French
State.

The frontier railway stations shall be established by a subsequent agree-
ment, it being stipulated in advance that on the Rhine frontier they shall be
situated on the right bank.

ARTICLE 68.

In accordance with the provisions of Article 268 of Chapter I of Section I
of Part X (Economic Clauses) of the present Treaty, for a period of five
years from the coming into force of the present Treaty, natural or mranu-
factured products originating in and coming from the territories referred to
in Article 51 shall, on importation into German customs territory, be exempt
from all customs duty.

The French Government may fix each year, by decree communicated to the
German Government, the nature and amount of the products which shall enjoy
this exemption.

The amount of each product which may be thus sent annually into Germany
shall not exceed the average of the amounts sent annually in the years 191I-
1913.

Further, during the period of five years above-mentioned, the German Gov-
ernment shall allow the free export from Germany and the free reimportation
into Germany, exempt from all customs duties and other charges (including
internal charges), of -yarns, tissues, and other textile materials or textile prod-
ucts of any kind and in any condition, sent from Germany into the territories
referred to in Article 51, to be subjected there to any finishing process, such
as bleaching, dyeing, printing, mercerization, gassing, twisting or dressing.

ARTICLE 69.

During a period of ten years from the coming into force of the present
Treaty, central electric supply works situated in German territory and form-
erly furnishing electric power to the territories referred to in Article 51 or to
any establishment the working of which passes permanently or temporarily
from Germany to France, shall be required to continue such supply up to
the amount of consumption corresponding to the undertakings and contracts
current on November 11, 1918.

Such supply shall be furnished according to the contracts in force and at
TREATY OF PEACE 503

a rate which shall not be higher than that paid to the said works by German
nationals.
ARTICLE 70.

It is understood that the French Government preserves its right to prohibit
in the future in the territories referred to in Article 51 all new German par-
ticipation:

(1) In the management or exploitation of the public domain and of public
services, such as railways, navigable waterways, water works, gas works,
electric power, etc.;

(2) In the ownership of mines and quarries of every kind and in enter-
prises connected therewith;

(3) In metallurgical establishments, even though their working may not be
connected with that of any mine.

ARTICLE 71.

As regards the territories referred to in Article 51, Germany renounces’
on behalf of herself and her nationals as from November 11, 1918, all rights
under the law of May 25, 1910, regarding the trade in potash salts, and gen-
erally under any stipulations for the intervention of German organisations in
the working of the potash mines. Similarly, she renounces on behalf of her-
self and her nationals all rights under any agreements, stipulations or laws
which may exist to her benefit with regard to other products of the aforesaid
territories.

ARTICLE 72.

The settlement of the questions relating to debts contracted before Novem-
ber 11, 1918, between the German Empire and the German States or their
nationals residing in Germany on the one part and Alsace-Lorrainers residing
in Alsace-Lorraine on the other part shall be effected in accordance with the
provisions of Section III of Part X (Economic Clauses) of the present
Treaty, the expression “before the war” therein being replaced by the expres-
sion “before November 11, 1918.” The rate of exchange applicable in the case
of such settlement shall be the average rate quoted on the Geneva Exchange
during the month preceding November 11, 1918.

There may be established in the territories referred to in Article 51, for the
settlement of the aforesaid debts under the conditions laid down in Section
III of Part X (Economic Clauses) of the present Treaty, a special clearing
office, it being understood that this office shall be regarded as a “central
office” under the provisions of paragraph 1 of the Annex to the said Section.

ARTICLE 73.

The private property, rights and interests of Alsace-Lorrainers in Germany
will be regulated by the stipulations of Section IV of Part X (Economic
Clauses) of the present Treaty.
504 INTERNATIONAL RELATIONS

ARTICLE 74.

The French Government reserves the right to retain and liquidate all the
property, rights and interests which German nationals or societies controlled
by Germany possessed in the territories referred to in Article 51 on Novem-
ber 11, 1918, subject to the conditions laid down in the last paragraph of
Article 53 above.

Germany will directly compensate her nationals who may have been dis-
possessed by the aforesaid liquidations.

The product of these liquidations shall be applied in accordance with the
stipulations of Sections JII and IV of Part X (Economic Clauses) of the
present Treaty.

ARTICLE 75.

Notwithstanding the stipulation of Section V of Part X (Economic
Clauses) of the present Treaty, all contracts made before the date of the
promulgation in Alsace-Lorraine of the French decree of November 30,
1918, between Alsace-Lorrainers (whether individuals or juridical persons)
or others resident in Alsace-Lorraine on the one part and the German Empire
or German States and their nationals resident in Germany on the other part,
the execution of which has been suspended by the Armistice or by subsequent
French legislation, shall be maintained.

Nevertheless, any contract of which the French Government shall notify
the cancellation to Germany in the general interest within a period of six
months from the date of the coming into force of the present Treaty, shall
be annulled except in respect of any debt or other pecuniary obligation aris-
ing out of any act done or money paid thereunder before November 11, 1918.
If this dissolution would cause one cf the parties substantial prejudice,
equitable compensation, calculated solely on the capital employed without
taking account of loss of profits, shall be accorded to the prejudiced party.

With regard to prescriptions, limitations and forfeitures in Alsace-Lor-
raine, the provisions of Articles 300 and 301 of Section V of Part X
(Economic Clauses) shall be applied with the substitution for the expression
“outbreak of war” of the expression “November 11, 1918,” and for the
expression “duration of the war” of the expression “period from November
11, 1918, to the date of the coming into force of the present Treaty.”

Article 76.

Questions concerning rights in industrial, literary or artistic property of
Alsace-Lorrainers shall be regulated in accordance with the general stipula-
tions of Section VII of Part X (Economic Clauses) of the present Treaty,
it being understood that Alsace-Lorrainers holding rights of this nature
under German legislation will preserve full and entire enjoyment of those
rights on German territory.

ARTICLE 77.

The German Government undertakes to pay over to the French Govern-

ment such proportion of all reserves accumulated by the Empire or by public
TREATY OF PEACE 505

or private bodies dependent upon it, for the purposes of disability and old
age insurance, as would fall to the disability and old age insurance fund
at Strasburg.

The same shall apply in respect of the capital and reserves accumulated
in Germany falling legitimately to other social insurance, funds, to miners’
superannuation funds, to the fund of the railways of Alsace-Lorraine, to
other superannuation organisations established for the benefit of the personnel
of public administrations and institutions operating in Alsace-Lorraine, and
also in respect of the capital and reserves due by the insurance fund of
private employees at Berlin, by reason of engagements entered into for the
benefit of insured persons of that category resident in Alsace-Lorraine.

A special Convention shall determine the conditions and procedure of
these transfers.

Articie 78,

With regard to the execution of judgments, appeals and prosecutions, the
following rules shall be applied:

(1) All civil and commercial judgments which shall have been given since
Augtist 3, 1914, by the Courts of Alsace-Lorraine between Alsace-Lorrainers,
or between Alsace-Lorrainers and foreigners, or between foreigners, and
which shall not have been appealed from before November 11, 1918, shall be
regarded as final and susceptible of immediate execution without further
formality.

When the judgment has been given between Alsace-Lorrainers and Ger-
mans or between Alsace-Lorrainers and subjects of the allies of Germany,
it shall only be capable of execution after the issue of an exequatur by the
corresponding new tribunal in the restored territory referred to in Article 51.

(2) All judgments given by German Courts since August 3, 1914, against
Alsace-Lorrainers for political crimes or misdemeanors shall be regarded as
null and void.

(3) All sentences passed since November 11, 1918, by the Court of the
Empire at Leipzig on appeals against the decisions of the Courts of Alsace-
Lorraine shall be regarded as null and void and shall be so pronounced. The
papers in regard to the cases in which such sentences have been given shall
be returned to the Courts of Alsace-Lorraine concerned.

All appeals to the Court of the Empire against decisions of the Courts of
Alsace-Lorraine shall be suspended. The papers shall be returned under the
aforesaid conditions for transfer without delay to the French Cour de
Cassation, which shall be competent to decide them.

(4) AIl prosecutions in Alsace-Lorraine for offences committed during the
period between November 11, 1918, and the coming into force of the present
Treaty will be conducted under German law except in so far as this has been
modified by decrees duly published on the spot by the French authorities.

(5) All! other questions as to competence, procedure or administration of
justice shall be determined by a special Convention between France and
Germany.
506 INTERNATIONAL RELATIONS

ARTICLE 79.
The stipulations as to nationality contained in the Annex hereto shall be
considered as of equal force with the provisions of the present Section.
All other questions concerning Alsace-Lorraine which are not regulated
by the present Section and the Annex thereto or by the general provisions
of the present Treaty will form the subject of further conventions between

France and Germany.
ANNEX.

1. As from November 11, 1918, the following persons are ipso facto rein-
stated in French nationality:

(1) Persons who lost French nationality by the application of the Franco-
German Treaty of May 10, 1871, and who have not since that date acquired
any nationality other than German; ;

(2) The legitimate or natural descendants of the persons referred to in
the immediately preceding paragraph, with the exception of those whose
ascendants in the paternal line include a German who migrated into Alsace-
Lorraine after July 15, 1870;

(3) All persons born in Alsace-Lorraine of unknown parents, or whose
nesona sy is unknown.

2. Within the period of one year from the coming into force of the present
Treaty, persons included in any of the following categories may claim
French nationality:

(1) All persons not restored to French nationality under paragraph 1
above, whose ascendants include a Frenchman or Frenchwoman who fost
French nationality under the conditions referred to in the said paragraph;

(2) All foreigners, not nationals of a German State, who acquired the
status of a citizen of Alsace-Lorraine before August 3, 1914;

(3) All Germans domiciled in Alsace-Lorraine, if they have been so
domiciled since a date previous to July 15, 1870, or if one of their ascendants
was at that date domiciled in Alsace-Lorraine;

(4) All Germans born or domiciled in Alsace-Lorraine who have served
in the Allied or Associated armies during the present war, and their
descendants;

(5) All persons born in Alsace-Lorraine before May 10, 1871, of foreign
parents, and the descendants of such persons;

(6) The husband or wife of any person whose French nationality may
have been restored under paragraph 1, or who may have claimed and
obtained French nationality in accordance with the preceding provisions.

The legal representative of a minor may exercise, on behalf of that minor,
the right to claim French nationality; and if that right has not been exercised,
the minor may claim French nationality within the year following his
majority.

Except in the cases provided for in No. (6) of the present patacraph, the
French authorities reserve to themselves the right, in individual cases, to
reject the claim to French nationality.
TREATY OF PEACE 507

3. Subject to the provisions of paragraph 2, Germans born or domiciled in
Alsace-Lorraine shall not acquire French nationality by reason of the
restoration of Alsace-Lorraine to France, even though they may have the
status of citizens of Alsace-Lorraine.

They may acquire French nationality only by naturalisation, on condition
of having been domiciled in Alsace-Lorraine from a date previous to August
3, 1914, and of submitting proof of unbroken residence within the restored
territory for a period of three years from November-11, 1918.

France will be solely responsible for their diplomatic and consular protec-
tion from the date of their application for French naturalisation.

The French Government shall determine the procedure by which reinstate-
ment in French nationality as of right shall be effected, and the conditions
under which decisions shall be given upon claims to such nationality and
applications for naturalisation, as provided by the present Annex.

Section VI.
AUSTRIA.

 

ARTICLE 80.

Germany acknowledges and will respect strictly the independence of
Austria, within the frontiers which may be fixed in a Treaty between that
State and the Principal Allied and Associated Powers; she agrees that this
independence shall be inalienable, except with the consent of the Council
of the League of Nations,

Section VII.
CZECHO-SLOVAK STATE.

 

ARTICLE 81.

Germany, in conformity with the action already taken by the Allied and
Associated Powers, recognizes the complete independence of the Czecho-
Slovak State which will include the autonomous territory of the Ruthenians
to the south of the Carpathians. Germany hereby recognizes the frontiers
of this State as determined by the Principal Allied and Associated Powers

and the other interested States.
©

Arvicie 82.

The old frontier as it existed on August 3, 1914, between Austria-Hungary
and the German Empire will constitute the frontier between Germany and
the Czecno-Slovak State.

ARTICLE 83.

Germany renounces in favour of the Czecho-Slovak State all rights and

title over the portion of Silesian territory defined as follows:
508 INTERNATIONAL RELATIONS

starting from a point about 2 kilometres south-east of Katscher, on the
boundary between the Kreise of Leobschiitz and Ratibor:

the boundary between the two Kreise;

then, the former boundary between Germany and Austria-Hungary up to
a point on the Oder immediately to the south of the Ratibor-Oderberg
railway;

thence, towards the north-west and up to a point about 2 kilometres to
the south-east of Katscher:

a line to be fixed on the spot passing to the west of Kranowitz.

A Commission composed of seven members, five nominated by the Principal
Allied and Associated Powers, one by Poland and one by the Czecho-Slovak
State, will be appointed fifteen days after the coming into force of the
present Treaty to trace on the spot the frontier. line between Poland and
the Czecho-Slovak State.

The decisions of this Commission will be taken by a majority and shall
be binding on the parties concerned.

Germany hereby agrees to renounce in favour of the Czecho-Slovak State
all rights and title over the part of the Kreis of Leobschiitz comprised within
the following boundaries in case after the determination of the frontier
between Germany and Poland the said part of that Kreis should become
isolated from Germany:

from the south-eastern extremity of the salient of the former Austrian
frontier at about 5 kilometres to the west of I,eobschiitz southwards and
up to the point of junction with the boundary between the Kreise of
Leobschiitz and Ratibor:

the former frontier between Germany and Austria-Hungary ;

then, northwards, the administrative boundary between the Kreise of
Leobschiitz and Ratibor up to a point situated about 2 kilometres to the
south-east of ‘Katscher;

thence, north-westwards and up to the starting-point of this definition:

a line to be fixed on the spot passing to the east of Katscher.

ARTICLE 84.

German nationals habitually resident in any of the territories recognized
as forming a part of the Czecho-Slovak State will obtain Czecho-Slovak
nationality ipso facto and lose their German nationality.

ARTICLE 85.

Within a period of two years from the coming into force of the present
Treaty, German nationals over eighteen years of age habitually resident in
any of the territories recognized as forming part of the Czecho-Slovak
State will be entitled to opt for German nationality. Czecho-Slovaks who
are German nationals and are habitually resident in Germany will have a
similar right to opt for Czecho-Slovak nationality.

Option by a husband will cover his wife and option by parents will cover
their children under eighteen years of age.
TREATY OF PEACE 509

Persons who have exercised the above right to opt must within the suc-
ceeding twelve months transfer their place of residence to the State for which
they have opted.

They will be entitled to retain their landed property in the territory of the
other State where they had their place of residence before exercising. the
right to opt. They may carry with them their moveable property of every
description. No export or import duties may be imposed upon them in con-
nection with the removal of such property.

Within the same period Czecho-Slovaks who are German nationals and
are in a foreign country will be entitled, in the absence of any provisions to
the contrary in the foreign law, and if they have not acquired the foreign
nationality, to obtain Czecho-Slovak nationality and lose their German
nationality by complying with the requirements laid down by the Czecho-
Slovak State.

Articig 86.

The Czecho-Slovak State accepts and agrees to embody in a Treaty with
the Principal Allied and Associated Powers such provisions as may be
deemed necessary by the said Powers to protect the interests of inhabitants
of that State who differ from the majority of the population in race, lan-
guage or religion.

The Czecho-Slovak State further accepts and agrees to embody in a Treaty
with the said Powers such provisions as they may deem necessary to protect
freedom of transit and equitable treatment of the commerce of other nations.

The proportion and nature of the financial obligations of Germany and
Prussia which the Czecho-Slovak State will have to assume on account of
the Silesian territory placed under its sovereignty will be determined in
accordance with Article 254 of Part IX (Financial Clauses) of the present
Treaty.

Subsequent agreements will decide all questions not decided by the present
Treaty which may arise in consequence of the cession of the said territory.

Section VIII.
POLAND.

ARTICLE 87.

Germany, in conformity with the action already taken by the Allied and
Associated Powers, recognizes the complete independence of Poland, and
renounces in her favour all rights and title over the territory bounded by the
Baltic Sea, the eastern frontier of Germany as laid down in Article 27 of
Part II (Boundaries of Germany) of the present Treaty up to a point sit-
uated about 2 kilometres to the east of Lorzendorf, then a line to the acute’
angle which the northern boundary of Upper Silesia makes about 3 kilo-
metres north-west of Simmenau, then the boundary of Upper Silesia to its
meeting point with the old frontier between Germany and Russia, then this
frontier to the point where it crosses the course of the Niemen, and then the
510 INTERNATIONAL RELATIONS

northern frontier of East Prussia as laid down in Article 28 of Part I
aforesaid.

The provisions of this Article do not, however, apply to the territories of
Fast Prussia and the Free City of Danzig, as defined in Article 28 of Part II
(Boundaries of Germany) and in Article 100 of Section XI (Danzig) of
this Part.

The boundaries of Poland not laid down in the present Treaty will be
subsequently determined by the Principal Allied and Associated Powers.

A Commission consisting of seven members, five of whom shall be nomi-
nated by the Principal Allied and Associated Powers, one by Germany and
one by Poland, shall be constituted fifteen days after the coming into force
of the present Treaty to delimit on the spot the frontier line between Poland
and Germany. :

The decisions of the Commission will be taken by a majority of votes and
shall be binding upon the parties concerned.

ARTICLE 88.

In the portion of Upper Silesia included within the boundaries described
below, the inhabitants will be called upon to indicate by a vote whether they
wish to be attached to Germany or to Poland:

starting from the northern point of the salient of the old province of
Austrian Silesia situated about 8 kilometres east of Neustadt, the former
frontier between Germany and Austria to its junction with the boundary
between the Kreise of Leobschtitz and Ratibor;

thence in a northerly direction to a point about 2 kilometres south-east
of Katscher:

the bqundary between the Kreise of Loebschiitz and Ratibor ;

thence in a south-easterly direction to a point on the course of the Oder
immediately south of the Ratibor-Oderberg railway:

a line to be fixed on the ground passing south of Kranowitz;

thence the old boundary between Germany and Alustria, then the old
boundary between Germany and Russia to its junction with the adminis-
trative boundary between Posnania and Upper Silesia;

thence this administrative boundary to its junction with the administrative
boundary between Upper and Middle Silesia;

thence westwards to the point where the administrative boundary turns in
an acute angle to the south-east about 3 kilometres north-west of Simmenau:

the boundary between Upper and Middle Silesia;

then in a westerly direction to a point to be fixed on the ground about 2
kilometres east of Lorzendorf:

a line to be fixed on the ground passing north of Klein Hennersdorf:

thence southwards to the point where the boundary between Upper and
Middle Silesia cuts the Stadtel-Karlsruhe road:

a line to be fixed on the ground passing west of Hennersdorf, Polkowitz,
Noldau, Steinersdorf and Dammer, and east of Strehlitz, Nassadel, Eckers-
dorf, Schwirz and Stadtel;
TREATY OF PEACE 511

thence the boundary between Upper and Middle Silesia to its junction with
the eastern boundary of the Kreis of Falkenberg;

then the eastern boundary of the Kreis of Falkenberg to the point of the
salient which is 3 kilometres east of Puschine;

thence to the northern point of the salient of the old province of Austrian
Silesia situated about 8 kilometres east of Neustadt:

a line to be fixed on the ground passing east of Ziilz.

The régime under which this plebiscite will be taken and given effect to is
laid down in the Annex hereto.

The Polish and German Governments hereby respectively bind themselves
to conduct no prosecutions on any part of their territory and to take no
exceptional proceedings for any political action performed in Upper Silesia
during the period of the régime laid down in the Annex hereto and up to
the settlement of the final status of the country.

Germany hereby renounces in favour of Poland all rights and title over
the portion of Upper Silesia lying beyond the frontier line fixed by the
Principal Allied and Associated Powers as the result of the plebiscite.

ANNEX.

I. Within fifteen days from the coming into force of the present Treaty
the German troops and such officials as may be designated by the Commission
set up under the provisions of paragraph 2 shall evacuate the plebiscite area.
Up to the moment of the completion of the evacuation they shall refrain from
any form of requisitioning in money or in kind and from all acts likely to
prejudice the material interests of the country.

Within the same period the Workmen’s and Soldiers’ Councils which have
been constituted in this area shall be dissolved. Members of such Councils
who are natives of another region and are exercising their functions at the
date of the coming into force of the present Treaty, or who have gone out
of office since March 1, 1919, shall be evacuated.

All military and semi-military unions formed in the said area by inhabi-
tants of the district shall be immediately disbanded. All members of such’
military organizations who are not domiciled in the said area shall be re-
quired to leave it.

2. The plebiscite area shall be immediately placed under the authority of an
International Commission of four members to be designated by the follow-
ing Powers: the United States of America, Fragce, the British Empire and
Italy. It shall be occupied by troops belonging to the Allied and Associated
Powers, and the German Government undertakes to give facilities for the
transference of these troops to Upper Silesia.

3. The Commission shall enjoy all the powers exercised by the German ot
the Prussian Government, except those of, legislation or taxation. It shall
also be substituted for the Government of the province and the Regierungs-
bezirk,

t shall be within the competence of the Commission to interpret the
512 INTERNATIONAL RELATIONS

powers hereby conferred upon it and to determine to what extent it shall
exercise them, and to what extent they shall be left in the hands of the
existing authorities. g

Changes in the existing laws and the existing taxation shall only be brought
into force with the consent of the Commission.

The Commission will maintain order with the help of the troops which
will be at its disposal, and, to the extent which it may deem necessary, by
means of gendarmerie recruited among the inhabitants of the country.

The Commission shall provide immediately for the replacement of the
evacuated German officials and, if occasion arises, shall itself order the
evacuation of such authorities and proceed to the replacement of such local
authorities as may be required.

It shall take all steps which it thinks proper to ensure the freedom, fair-
ness and secrecy of the vote. In particular, it shall have the right to order
the expulsion of any person who may in any way have attemped to distort
the result of the plebiscite by methods of corruption or intimidation.

The Commission shall have full power to settle all questions arising from
the execution of the present clauses. It shall be assisted by technical ad-
visors chosen by it from among the local population.

The decisions of the Commission shall be taken by a majority vote.

4. The vote shall take place at such date as may be determined by the
Principal Allied and Associated Powers, but not sooner than six months
or later than eighteen months after the establishment of the Commission in
the area.

The right to vote shall be given to all persons without distinction of sex
who:

(a) Have completed their twentieth year on the Ist January of the year
in which the plebiscite takes place; :

(b) Were born in the plebiscite area or have been domiciled there since
a date to be determined by the Commission, which shall not be subsequent to
January 1, 1919, or who have been expelled by the German authorities and
have not retained their domicile there.

Persons convicted of political offences shall be enabled to exercise their
right of voting.

Every person will vote in the commune where he is domiciled or in which
he was born, if he has not retained his domicile in the area.

The result of the vote will be determined by communes according to the
majority of votes in each®€ommune.

5. On the conclusion of the voting, the number of votes cast in each
commune will be communicated by the Commission to the Principal Allied
and Associated Powers, with a full Teport as to the taking of the vote and
a recommendation as to the line which ought to be adopted as the frontier of
Cermany in Upper Silesia. In this recommendation regard will be paid to
the wishes of the inhabitants as shown by the-vote, and to the geographical
and economic conditions of the locality.
TREATY OF PEACE 513

6. As soon as the frontier has been fixed by the Principal Allied and
Associated Powers, the German authorities will be notified by the Inter-
national Commission that they are free to take over the administration of
the territory which it is recognised should be German; the said authorities
must proceed to do so within one month of such notification and in the
manner prescribed by the Commission.

Within the same period and in the manner prescribed by the Commission,
the Polish Government must proceed to take over the administration of the
territory which it is recognised should be Polish.

When the administration of the territory has been provided for by the
German and Polish authorities respectively, the powers of the Commission
will terminate.

The cost of the army of occupation and expenditure by the Commission,
whether in discharge of its own functions or in the administration of the
territory, will be a charge on the area.

ARTICLE 89,

Poland undertakes to accord freedom of transit to persons, goods, vessels,
carriages, wagons and mails in transit between East Prussia and the rest of
(.ermany over Polish territory, including territorial waters, and to treat them
at least as favourably as the persons, goods, vessels, carriages, wagons and
mails respectively of Polish or of any other more favoured nationality,
origin, importation, starting point, or ownerships as regards facilities, restric-
tions and all other matters.

Goods in transit shall be exempt from all customs or other similar duties.

Freedom of transit will extend to telegraphic and telephonic services
under the conditions laid down by the conventions referred to in Article 98.

ARTICLE 90.

Poland undertakes to permit for a period of fifteen years the exportation
to Germany of the products of the mines in any part of Upper Silesia
transferred to Poland in accordance with the present Treaty.

Such products shall be free from all export duties or other charges or
restrictions on exportation.

Poland agrees to take such steps as may be necessary to secure that any
such products shall be available for sale to purchasers in Germany on terms
as favourable as are applicable to like products sold under similar conditions
to purchasers in Poland or in any other country.

ARTICLE 91.

German nationals habitually resident in territories recognised as forming
part of Poland will acquire Polish nationality ipso facto and will lose their
German nationality.

German nationals, however, or their descendants who became resident in
514 INTERNATIONAL RELATIONS

these territories after January 1, 1908, will not acquire Polish nationality
without a special authorisation from the Polish State.

Within a period of two years after the coming into force of the present
Treaty, German nationals over 18 years of age habitually resident in any of
the territories recognised as forming part of Poland will be entitled to opt for
German nationality.

Poles who are German nationals over 18 years of age and habitually resi-
dent in Germany will have a similar right to opt for Polish nationality.

Option by a husband will cover his wife and option by parents will cover
their children under 18 years of age.

Persons who have exercised the above right to opt may within the succeed-
ing twelve months transfer their place of residence to the State for which
they have opted.

They will be entitled to retain their immovable property in the territory of
the other State where they had their place of residence before exercising
the right to opt.

They may carry with them their movable property of every description.
No export or import duties or charges may be imposed upon them in con-
nection with the removal of such property.

Within the same period Poles who are German nationals and are in a
foreign country will be entitled, in the absence of any provisions to the con-
trary in the foreign law, and if they have not acquired the foreign nationality,
to obtain Polish nationality and to lose their German nationality by complying
with the requirements laid down by the Polish State.

In the portion of Upper Silesia submitted to a plebiscite the provisions of
this Article shall only come into force as from the definitive attribution of
the territory.

ARTICLE 92.

The proportion and the nature of the financial liabilities of Germany and
Prussia which are to be borne by Poland will be determined in accordance
with Article 254 of Part IX (Financial Clauses) of the present Treaty.

There shall be excluded from the share of such financial liabilities assumed
by Poland that portion of the debt which, according to the finding of the
Reparation Commission referred to in the above-mentioned Article, arises
from measures adopted by the German and Prussian Governments with a
view to German colonisation in Poland.

In fixing under Article 256 of the present treaty the value of the property
and possessions belonging to the German Empire and to the German States
which pass to Poland with the territory transferred above, the Reparation
Commission shall exclude from the valuation buildings, forests and other
State property which belonged to the former Kingdom of Poland; Poland
shall acquire these properties free of all costs and charges.

In all the German territory transferred in accordance with the present
Treaty and recognised as forming definitively part of Poland, the property,
rights and interests of German nationals shall not be liquidated under Article
TREATY OF PEACE 515

207 by the Polish Government except in accordance with the following pro-
visions:

(1) The proceeds of the liquidation shall be paid direct to the owner;

(2) If on his application the Mixed Arbitral Tribunal provided for by Sec-
tion VI of Part X (Economic Clauses) of the present Treaty, or an arbitrator
appointed by that Tribunal, is satisfied that the conditions of the sale or
measures taken by the Polish Government outside its general legislation were
unfairly prejudicial to the price obtained, they shall have discretion to award
to the owner equitable compensation to be paid by the Polish Government.

Further agreements will regulate all questions arising out of the cession of
the above territory which are not regulated by the present Treaty.

' ARTICLE 93.

Poland accepts and agrees to embody in a Treaty with the Principal Allied
and Associated Powers such provisions as may be deemed necessary by the
said Powers to protect the interests of inhabitants of Poland who differ from
the majority of the population in race, language or religion.

Poland further accepts and agrees to embody in a Treaty with the said
Powers such provisions as they may deem necessary to protect freedom of
transit and equitable treatment of the commerce of other nations.

Section IX.
EAST PRUSSIA.

 

ARTICLE 94.

In the area between the southern frontier of East Prussia, as described
in Article 28 of Part II (Boundaries of Germany) of the present treaty, and
the line described below, the inhabitants will be called upon to indicate by a
vote the State to which they wish to belong:

The western and northern boundary of Regierungsbezirk Allenstein to its
junction with the boundary betweeen the Kreise of Oletsko and Angerburg;
thence, the northern boundary of the Kreis of Oletsko to its junction with
the old frontier of East Prussia.

ARTICLE 95.

The German troops and authorities will be withdrawn from the area de-
fined above within a period not exceeding fifteen days after the coming into
force of the present Treaty. Until the evacuation is completed they will ab-
stain from all requisitions in money or in kind and from all measures in-
jurious to the economic interests of the country.

On the expiration of the above-mentioned period the said area will be placed
516 INTERNATIONAL RELATIONS

under the authority of an International Commission of five members appointed
by the Principal Allied and Associated Powers. This Commission will have
general powers of administration and, in particular, will be charged with
the duty of arranging for the vote and of taking such measures as it may
deem necessary to ensure its freedom, fairness and secrecy. The Commission
will have all necessary authority to decide any questions to which the execu-
tion of these provisions may give rise. The Commission will make such
arrangements as may be necessary for assistance in the exercise of its func-
tions by officials chosen by itself from the local population. Its decisions will
be taken by a majority.

Fvery person, irrespective of sex, will be entitled to vote who:

(a) Is 20 years of age at the date of the coming into force of the present
Treaty, and

(b) Was born within the area where the vote will take place or has been
habitually resident there from a date to be fixed by the Commission.

Every person will vote in the commune where he is habitually resident or,
if not habitually resident in the area, in the commune where he was born.

The result of the vote will be determined by communes (Gemeinde) ac-
cording to the majority of the votes in each commune. :

On the conclusion of the voting the number of votes cast in each com-
mune will be communicated by the Commission to the Principal Allied and
Associated Powers, with a full report as to the taking of the vote and a recom-
mendation as to the line which ought to be adopted as the boundary of East
Prussia in this region. In this recommendation regard will be paid to the
wishes of the inhabitants as shown by the vote and to the geographical and
economic conditions of the locality. The Principal Allied and Associated
Powers will then fix the frontier between East Prussia and Poland in this
region.

If the line fixed by the Principal Allied and Associated Powers is such as
to exclude from East Prussia any part of the territory defined in Article 94,
the renunciation of its rights by Germany in favour of Poland, as provided in
Article 87 above, will extend to the territories so excluded,

As soon as the line has been fixed by the Principal Allied and Associated
Powers, the authorities administering East Prussia will be notified by the
International Commission that they are free to take over the administration
of the territory to the north of the line so fixed, which they shall proceed
to do within one month of such notification and in the manner prescribed by
the Commission. Within the same period and as prescribed by the Commis-
sion, the Polish Government must proceed to take over the administration
of the territory to the south of the line When the administration of the
territory by the East Prussian and Polish authorities respectively has been pro-
vided for, the powers of the Commission will terminate.

Expenditure by the Commission, whether in the discharge of its own func-
tions or in the administration of the territory, will be borne by the local
revenues. East Prussia will be required to bear such proportion of any deficit
as may be fixed by the Principal Allied and Associated Powers.
TREATY OF PEACE 517

ARTICLE 96.

In the area comprising the Kreise of Stuhm and Rosenberg and the portion
of the Kreis of Marienburg which is situated east of the Nogat and that of
Marienwarder east of the Vistula, the inhabitants will be called upon to indi-
cate by a vote, to be taken in each commune (Gemeinde), whether they desire
the various communes situated in this territory to belong to Poland or to
East Prussia.

ARTICLE 97.

The German troops and authorities will be withdrawn from the area defined
in Article 96 within a period not exceeding fifteen days after the coming
into force of the present Treaty. Until the evacuation is completed they
will abstain from all requisitions in money or in kind and from all measures
injurious to the economic interests of the country.

On the expiration of the above-mentioned period, the said area will be
placed under the authority of an International Commission of five members
appointed by the Principal Allied and Associated Powers. ‘This Commission,
supported if occasion arises by the necessary forces, will have general powers
of administration and in particular will be charged with the duty of arrang-
ing for the vote.and of taking such measures as it may deem necessary to
ensure its freedom, fairness and secrecy. The Commission will conform as
far as possible to the provisions of the present Treaty relating to the plebiscite
in the Allenstein area; its decisions will be taken by a majority.

Expenditure by the Commission, whether in the discharge of its own func-
tions or in the administration of the territory, will be borne by the local
revenues.

On the conclusion of the voting the number of votes cast in each commune
will be communicated by the Commission to the Principal Allied and Asso-
ciated Powers with a full report as to the taking of the vote and a recommen-
dation as to the line which ought to he adopted as the boundary of East Prus-
sia in this region. In this recommendation regard will be paid to the wishes
of the inhabitants as shown by the vote and to the geographical and economic
conditions of the locality. The Principal Allied and Associated Powers will
then fix the frontier between East Prussia and Poland in this region, leaving
in any case to Poland for the whole of the section bordering on the Vistula
full and complete control of the river including the east bank as far east of
the river as may be necessary for its regulation and improvement. Germany
agrees that in any portion of the said territory which remains German, no
fortifications shall at any time be erected.

The Principal Allied and Associated Powers will at the same time draw
up regulations for assuring to the population of East Prussia to the fullest
extent and under equitable conditions access to the Vistula and the use of
it for themselves, their commerce and their boats.

The determination of the frontier and the foregoing regulations shall be
binding upon all the parties concerned.

When the administration of the territory has been taken over by the East
518 INTERNATIONAL RELATIONS

Prussian and Polish authorities respectively, the powers of the Commission
will terminate.

ARTICLE 98.

Germany and Poland undertake, within one year of the coming into force
of this Treaty, to enter into conventions of which the terms, in case of
difference, shall be settled by the Council of the League of Nations, with
the object of securing, on the one hand to Germany full and adequate rail-
road, telegraphic and telephonic facilities for communication between the
rest of Germany and East Prussia over the intervening Polish territory, and
on the other hand to Poland full and adequate railroad, telegraphic and
telephonic facilities for communication between Poland and the Free City of
Danzig over any German territory that may, on the right bank of the Vistula,
intervene between Poland and the Free City of Danzig.

Section X.
MEMEL.

ARTICLE 99.

Germany renounces in favour of the Principal Allied and Associated
Powers all rights and title over the territories included between the Baltic,
the north-eastern frontier of East Prussia as defined in Article 28 of Part
II (Boundaries of Germany) of the present Treaty and the former frontier
between Germany and Russia.

Germany undertakes to accept the settlement made by the Principal Allied
and Associated Powers in regard to these territories, particularly in so far
as concerns the nationality of the inhabitants.

Section XI.
FREE CITY OF DANZIG.

ARTICLE 100.

Germany renounces in favour of the Principal Allied and Associated
Powers all rights and title over the territory comprised within the following
limits :

from the Baltic Sea southwards to the point where the principal channels
of navigation of the Nogat and the Vistula (Weichsel) mect:

the boundary of East Prussia as described in Article 28 of Part II
(Boundaries of Germany) of the present Treaty;

thence the principal channel of navigation of the Vistula downstream to
a point about 6% kilometres north of the bridge of Dirschau;

thence north-west to point 5, 114 kilometres south-east of the church of
Giittland:
TREATY OF PEACE 519

a line to be fixed on the ground;

thence in a general westerly direction to the salient made by the boundary
of the Kreis of Berent 8% kilometres north-east of Schéneck:

a line to be fixed on the ground passing between Mithlbanz on the south
and Rambeltsch on the north;

thence the boundary of the Kreis of Berent westwards to the re-entrant
which it forms 6 kilometres north-north-west of Schdneck;

thence to a point on the median line of Lonkener See:

a line to be fixed on the ground passing north of Neu Fietz and Schatarpi
and south of Barenhiitte and Lonken;

thence the median line of Lonkener See.to its northernmost point;

thence to the southern end of Pollenziner See:

a line to be fixed on the ground;

thence the median line of Pollenziner See to its northernmost point;

thence in a north-easterly direction to a point about 1 kilometre south of
Koliebken church, where the Danzig-Neustadt railway crosses a stream:

a line to be fixed on the ground passing south-east of Kamehlen, Krissau,
Fidlin, Sulmin (Richthof), Mattern Schaferei, and to the north-west of
Neuendorf, Marschau, Czapielken, Hoch- and Klein-Kelpin, Pulvermihl,
Renneberg and the towns of Oliva and Zoppot;

thence the course of the stream mentioned above to the Baltic Sea.

The boundaries described above are drawn on a German, map scale
I/100,000, attached to the present Treaty (Map No. 3).

ARTICLE IOI.

A Commission composed of three members appointed by the Principal
Allied and Associated Powers, including a High Commissioner as President,
one member appointed by Germany and one member appointed by Poland,
shall be constituted within fifteen days of the coming into force of the
present Treaty for the purpose of delimiting on the spot the frontier of
the territory as described above, taking into account as far as possible the
existing communal boundaries.

ARTICLE 102.

The Principal Allied and Associated Powers undertake to establish the
town of Danzig, together with the rest of the territory described in Article
100, as a: Free City. It will be placed under the protection of the League of
Nations.

ARTICLE 103.

A constitution for the Free City of Danzig shall be drawn up by the duly
appointed representatives of the Free City in agreement with a High Com-
missioner to be appointed by the League of Nations. This constitution shall
be placed under the gtiarantee of the League of Nations.

The High Commissioner will also be entrusted with the duty of dealing
520 INTERNATIONAL RELATIONS

in the first instance with all differences arising between Poland and the
Free City of Danzig in regard to this Treaty or any arrangements or agree-
ments made thereunder.

The High Commissioner shall reside at Danzig.

ARTICLE 104.

The Principal Allied and Associated Powers undertake to negotiate a
Treaty between the Polish Government and the Free City of Danzig, which
shall come into force at the same time as the establishment of the said
Free City, with the following objects:

(1) To effect the inclusion of the Free City of Danzig within the Polish
Customs frontiers, and to establish a free area in the port;

(2) To ensure to Poland without any restriction the free use and service
of all waterways, docks, basins, wharves and other works within the terri-
tory of the Free City necessary for Polish imports and exports;

(3) To ensure to Poland the control and administration of the Vistula
and of the whole railway system within the Free City, except such street
and other railways as serve primarily the needs of the Free City, and of
postal, telegraphic and telephonic communication between Poland and the
port of Danzig;

(4) To ensure to Poland the right to develop and improve the waterways,
docks, basins, wharves, railways and other works and means of communica-
tion mentioned in this Article, as well as to lease or purchase through appro-
priate processes such land and other property as may be necessary for these
purposes;

(5) To provide against any discrimination within the Free City of Danzig
to the detriment of citizens of Poland and other persons of Polish origin or
speech;

(6) To provide that the Polish Government shall undertake the conduct
of the foreign relations of the Free City of Danzig as well as the diplomatic
protection of citizens of that city when abroad.

ARTICLE 105.

On the coming into force of the present Treaty German nationals ordi-
narily resident in the territory described in Article 100 will ipso facto lose
their German nationality in order to become nationals of the Free City of
Danzig.

ARTICLE 106.

Within a period of two years from the coming into force of the present
Treaty, German nationals over 18 years of age ordinarily resident in the
territory described in Article 100 will have the right to opt for German
nationality.

Option by a husband will cover his wife and option by parents will cover
their children less than 18 years of age.
TREATY OF PEACE 521

All persons who exercise the right of option referred to above must during
the ensuing twelve months transfer their place of residence to Germany.

These persons will be entitled to preserve the immovable property possessed
by them in the territory of the Free City of Danzig. They may carry with
them their movable property of every description. No export or import
duties shall be imposed upon them in this connection.

ARTICLE 107.

All property situated within the territory of the Free City of Danzig
belonging to the German Empire or to any German State shall pass to the
Principal Allied and Associated Powers for transfer to the Free City of
Danzig or to the Polish State as they may consider equitable.

ARTICLE 108.

The proportion and nature of the financial liabilities of Germany and of
Prussia to be borne by the Free City of Danzig shall be fixed in accordance
with Article 254 of Part IX (Financial Clauses) of the present Treaty.

All other questions which may arise from the cession of the territory
referred to in Article 100 shall be settled by further agreements,

Section XII.
SCHLESWIG.
ARTICLE I09.

The frontier between Germany and Denmark shall be fixed in conformity
with the wishes of the population.

For this purpose, the population inhabiting the territofies of the former
German Empire situated to the north of a line, from East to West (shown
by a brown line on the map No. 4, annexed to the present Treaty) :

leaving the Baltic Sea about 13 kilometres east-north-east of Flensburg,

running

south-west so as to pass south-east of: Sygum, Ringsberg, Munkbrarup,
Adelby, Tastrup, Jarplund, Oversee, and north-west of: Langballigholz,
Langballig, Bonstrup, Rillschau, Weseby, Kleinwolstrup, Gross-Solt,

thence westwards passing south of Frérup and north of Wanderup,

thence in a south-westerly direction passing south-east of Oxlund, Stieg-
lund and Ostenau and north-west of the villages on the Wanderup-Kollund
road,

thence in a north-westerly direction passing south-west of Léwenstedt,
Joldelund, Goldelune, and north-east of Kolkerheide and Hégel to the bend of
the Soholmer Au, about 1 kilometre east of Soholm, where it meets the
southern boundary of the Kreis of Tondern,

following this boundary to the North Sea,
522 INTERNATIONAL RELATIONS

passing south of the islands of Fohr and Amrum and north of the islands
of Oland and Langeness,

shall be called upon to pronounce by a vote which will be taken under the
following conditions:

(1) Within a period not exceeding ten days from the coming into force
of the present Treaty, the German troops and authorities (including the
Oberprasidenten, Regierungs-prasidenten, Landrathe, Amtsvorsteher, Ober-
biirgermeister) shall evacuate the zone lying to the north of the line above
fixed.

Within the same period the Workmen’s and Soldiers’ Councils which have
been constituted in this zone shall be dissolved; members of such Councils
who are natives of another region and are exercising their functions at the
date of the coming into force of the present Treaty, or who have gone out
of office since March 1, 1919, shall also be evacuated.

The said zone shall immediately be placed under the authority of an Inter-
national Commission, composed of five members, of whom three will be
designated by the Principal Allied and Associated Powers; the Norwegian
and Swedish Governments will each be requested to designate a member; in
the event of their failing to do so, these two members will be chosen by the
Principal Allied and Associated Powers.

The Commission, assisted in case of need by the necessary forces, shall have
general powers of administration. In particular, it shall at once provide for
filling the places of the evacuated German authorities, and if necessary shall
itself give orders for their evacuation, and proceed to fill the places of such
local authorities as may be required. It shall take all steps which it thinks
proper to ensure the freedom, fairness, and secrecy of the vote. It shall be
assisted by German and Danish technical advisers chosen by it from among
the local population. Its decisions will be taken by a majority.

One half of the expenses of the Commission and of the expenditure
occasioned by the plebiscite shall be paid by Germany.

(2) The right to vote shall be given to all persons, without distinction of
sex, who:

(a) Have completed their twentieth year at the date of the coming into
force of the present Treaty; and

(b) Were born in the zone in which the plebiscite is taken, or have been
domiciled there since a date before January 1, 1900, or had been expelled by
the German authorities without having retained their domicile there.

Every person will vote in the commune (Gemeinde) where he is domiciled
or of which he is a native.

Military persons, officers, non-commissioned officers and soldiers of the
German army, who are natives of the zone of Schleswig in which the plebis-
cite is taken, shall be given the opportunity to return to their native place in
order to take part in the voting there.

(3) In the section of the evacuated zone lying to the north of a line, from
East to West (shown by a red line on map No. 4) which is annexed to the
present Treaty) :
TREATY OF PEACE 523

passing south of the island of Alsen and following the median line of
Flensburg Fjord,

leaving the fjord about 6 kilometres north of Flensburg and following the
course of the stream flowing past Kupfermiihle upstream to a point north of
Niehuus,

passing north of Pattburg and Ellund and south of Fréslee to meet the
eastern boundary of the Kreis of Tondern at its junction with the boundary
between the old jurisdictions of Slogs and Kjer (Slogs Herred and Kjer
Herred),

following the latter boundary to where it meets the Scheidebek, following
the course of the Scheidebek (Alte Au), Stider Au and Wied Au down-
stream successively to the point where the latter bends northwards about 1,500
metres west of Ruttebiill,

thence, in a west-north-westerly direction to meet the North Sea north of
Sieltoft,

thence, passing north of the island of Sylt,
the vote above provided for shall be taken within a period not exceeding
three weeks after the evacuation of the country by the German troops and
authorities.

The result will be determined by the majority of votes cast in the whole
of this section.: This result will be immediately communicated by the Com-
mission to the Principal Allied and Associated Powers and proclaimed.

If the vote results in favour of the reincorporation of this territory in the
Kingdom of Denmark, the Danish Government in agreement with the Com-
mission will be entitled to effect its occupation with their military and
administrative authorities immediately after the proclamation.

(4) In the section of the evacuated zone situated to the south of the pre-
ceding section and to the north of the line which starts from the Baltic Sea
13 kilometres from Flensburg and ends north of the islands of Oland and
Langeness, the vote will be taken within a period not exceeding five weeks
after the plebiscite shall have been held in the first section.

The result will be determined by communes (Gemeinden), in accordance
with the majority of the votes cast in each commune (Gemeinde).

ARTICLE II0.

Pending a delimitation on the spot, a frontier line will be fixed by the
Principal Allied and Associated Powers according to a line based on the
result of the voting, and proposed by the International Commission, and
taking into account the particular geographical and economic conditions of
the localities in question.

From that time the Danish Government may effect the occupation of these
territories with the Danish civil and military authorities, and the German
Government may reinstate up to the said frontier line the German civil and
military authorities whom it has evacuated.

Germany hereby renounces definitely in favour of the Principal Allied and
524 INTERNATIONAL RELATIONS

Associated Powers all rights of sovereigrity over the territories situated to the
north of the frontier line fixed in accordance with ‘the above provisions.
The Principal Allied and Associated Powers will hand over the said terri-

tories to Denmark.
ARTICLE III.

A Commission composed of seven members, five of whom shall be nomi-
nated by the Principal Allied and Associated Powers, one by Denmark, and
one by Germany, shall be constituted within fifteen days from the date when
the final result of the vote is known, to trace the frontier line on the spot.

The decisions of the Commission will be taken by a majority of votes and
shall be binding on the parties concerned.

ARTICLE I12.

All the inhabitants of the territory which is returned to Denmark will
acquire Danish nationality ipso facto, and will lose their German nationality.

Persons, however, who had become habitually resident in this territory after
October I, 1918, will not be able to acquire Danish nationality without per-
mission from the Danish Government.

ARTICLE 113.

Within two years from the date on which the sovereignty over the whole
or part of the territory of Schleswig subjected to the plebiscite is restored to
Denmark: P

Any person over 18 years of age, born in the territory restored to Denmark,
not habitually resident in this region, and possessing German nationality, will
be entitled to opt for Denmark;

Any person over 18 years of age habitually resident in the territory restored
to Denmark will be entitled to opt for Germany.

Option by a husband will cover his wife and option by parents will cover
their children less than 18 years of age.

Persons who have exercised the above right to opt must within the ensuing
twelve months transfer their place of residence to the State in favour of
which they have opted.

They will be entitled to retain the immovable property which they own in
the territory of the other State in which they were habitually resident before
opting. They may carry with them their movable property of every descrip-
tion. No export or import duties may be imposed upon them in connection
with the removal of such property.

ARTICLE 114,
The proportion and nature of the financial or other obligations of Germany
and Prussia which are to be assumed by Denmark will be fixed in accordance
with Article 254 of Part IX (Financial Clauses) of the present Treaty.
TREATY OF PEACE 525

Further stipulations will determine any other questions arising out of the
transfer to Denmark of the whole or part of the territory of which she was
deprived by the Treaty of October 30, 1864.

Section XIII.
HELIGOLAND.
ARTICLE 115.

The fortifications, military establishments, and harbours of the Islands of
Heligoland and Dune shall be destroyed under the supervision of the Prin-
cipal Allied Governments by German labour and at the expense of Germany
within a period to be determined by the said Governments.

The term “harbours” shall include the north-east mole, the west wall, the
outer and inner breakwaters and reclaimed land within them, and all naval
and military works, fortifications and buildings, constructed or under con-
struction, between lines connecting the following positions taken from the
British Admiralty chart No. 126 of April 19, 1918.

(a) lat. 54° 10’ 49” N.; long. 7° 53’ 30” E.;
(b) — 54° ro’ 35”.N.; — 7° 54’ 18” E.;
(c) — 54° 10° 14" N.; — 7° 54’ 00" E.;
(d) — 54° 10° 17" N.; — 7° 53' 37” E.;
(e) — 54° 10° 44” N.; — 7° 53’ 26” E.

These fortifications, military establishments and harbours shall not be re-
constructed nor shall any similar works be constructed in future.

Section XIV.
RUSSIA AND RUSSIAN STATES
ARTICLE 116.

Germany acknowledges and agrees to respect as permanent and inalienable
the independence of all the territories which were part of the former Russian
Empire on August 1, I914.

In accordance with the provisions of Article 259 of Part IX (Financial
Clauses) and Article 292 of Part X (Economic Clauses) Germany accepts
definitely the abrogation of the Brest-Litovsk Treaties and of all other
treaties, conventions and agreements entered into by her with the Maximalist
Government in Russia.

The Allied and Associated Powers formally reserve the rights of Russia to
obtain from Germany restitution and reparation based on the principles of
the present Treaty.
526 INTERNATIONAL RELATIONS

ARTICLE II7.

Germany undertakes to recognize the full force of all treaties or agreec-
ments which may be entered into by the Allied and Associated Powers with
States now existing or coming into existence in future in the whole or part
of the former Empire of Russia as it existed on August I, I914, and to recog-
nize the frontiers of any such States as determined therein.

PART IV.
GERMAN RIGHTS AND INTERESTS OUTSIDE GERMANY.
ARTICLE 118.

In territory outside her European frontiers as fixed by the present Treaty,
Germany renounces all rights, titles and privileges whatever in or over terri-
tory which belonged to her or to her allies, and all rights, titles and privileges
whatever their origin which she held as against the Allied and Associated
Powers.

Germany hereby undertakes to recognize and to conform to the measures
which may be taken now or in the future by the Principal Allied and
Associated Powers, in agreement where necessary with third Powers, in
order to carry the above stipulation into effect.

In particular Germany declares her acceptance of the following Articles
relating to certain special subjects.

Secrion I.
GERMAN COLONIES.
ARTICLE IIQ.

Germany renounces in favour of the Principal Allied and Associated
Powers all her rights and titles over her oversea possessions.

ARTICLE 120.

All movable and immovable property in such territories belonging to the
German Empire or to any German State shall pass to the Government
exercising authority over such territories, on the terms laid down in Article
257 of Part IX (Financial Clauses) of the present Treaty. The decision of
the local courts in any dispute as to the nature of such property shall be final.

ARTICLE 121.

The provisions of Sections I and IV of Part X (Economic Clauses) of the

present Treaty shall apply in the case of these territories whatever be the
form of Government adopted for them,
TREATY OF PEACE 527

ARTICLE 122.

The Government exercising authority over such territories may make such
provisions as it thinks fit with reference to the repatriation from them of
German nationals and to the conditions upon which German subjects of
European origin shall, or shall not, be allowed to reside, hold property, trade
or exercise a profession in them.

ARTICLE 123.

The provisions of Article 260 of Part IX (Financial Clauses) of the
present Treaty shall apply in the case of all agreements concluded with
German nationals for the construction or exploitation of public works in the
German oversea possessions, as well as any sub-concessions or contracts
resulting therefrom which may have been made to or with such nationals.

ARTICLE 124.

Germany hereby undertakes to pay, in accordance with the estimate to be
presented by the French Government and approved by the Reparation
Commission, reparation for damage suffered by French nationals in the
Cameroons or the frontier zone by reason of the acts of the German civil
and military authorities and of German private individuals during the period
from January 1, 1900, to August 1, I914.

ARTICLE 125.

Germany renounces all rights under the Conventions and Agreements with
France of November 4, 1911, and September 28, 1912, relating to Equatorial
Africa. She undertakes to pay to the French Government, in accordance
with the estimate to be presented by that Government and approved by the
Reparation Commission, all the deposits, credits, advances, etc. effected by
virtue of these instruments in favour of Germany.

ARTICLE 126.

Germany undertakes to accept and observe the agreements made or to be
made by the Allied and. Associated Powers or some of them with any other
Power with regard to the trade in arms and spirits, and to the matters dealt
with in the General Act of Berlin of February 26, 1885, the General Act of
Brussels of July 2, 1890, and the conventions completing or modifying the
same,

ARTICLE 127.

The native inhabitants of the former German oversea possessions shall be
entitled to the diplomatic protection of the Governments exercising authority
over those territories.
528 INTERNATIONAL RELATIONS
Section II.
CHINA.

ARTICLE 128.

Germany renounces in favour of China all benefits and privileges resulting
from the provisions of the final Protocol signed at Peking on September
7, 1901, and from all annexes, notes and documents supplementary thereto.
She likewise renounces in favour of China any claim to indemnities accruing
thereunder subsequent to March 14, 1917.

ARTICLE 129.

From the coming into force of the present Treaty the High Contracting
Parties shall apply, in so far as concerns them respectively:

(1) The Arrangement of August 29, 1902, regarding the new Chinese
customs tariff ;

(2) The Arrangement of September 27, 1905, regarding Whang-Poo, and
the provisional supplementary Arrangement of April 4, 1912.

China, however, will no longer be bound to grant to Germany the ad-
vantages or privileges which she allowed Germany under these Arrangements.

ARTICLE 130.

Subject to the provisions of Section VIII of this Part, Germany cedes to
China all the buildings, wharves and pontoons, barracks, forts, arms and
munitions of war, vessels of all kinds, wireless telegraphy installations and
other public property belonging to the German Government, which are situ-
ated or may be in the German Concessions at Tientsin and Hankow or else-
where in Chinese territory.

It is understood, however, that premises used as diplomatic or consular
residences or offices are not included in the above cession, and, furthermore,
that no steps shall be taken by the Chinese Government to dispose of the
German public and private property situated within the so-called Legation
Quarter at Peking without the consent of the Diplomatic Representatives
of the Powers which, on the coming into force of the present Treaty, remain
Parties to the Final Protocol of September 7, 1901.

ARTICLE 131.

Germany undertakes to restore to China within twelve months from the
coming into force of the present Treaty all the astronomical instruments
which her troops in 1900-1901 carried away from China, and to defray all
expenses which may be incurred in effecting such restoration, including the
expenses of dismounting, packing, transporting, insurance and installation
in Peking.
TREATY OF PEACE 529

ARTICLE 132.

Germany agrees to the abrogation of the leases from the Chinese Govern-
ment under which the German Concessions at Hankow and Tientsin are
now held.

China, restored to the full exercise of her sovereign rights in the above
areas, declares her intention of opening them to international residence and
trade. She further declares that the abrogation of the leases under which
these concessions are now held shall not affect the property rights of
nationals of Allied and Associated Powers who are holders of lots in these
concessions.

ARTICLE 133.

Germany waives all claims against the Chinese Government or against
any Allied or Associated Government arising out of the internment of
German nationals in China and their repatriation. She equally renounces
all claims arising out the of the capture and condemnation of German
ships in China, or the liquidation, sequestration or control of German prop-
erties, rights and interests in that country since August 14, 1917. This pro-
vision, however, shall not affect the rights of the parties interested in the
proceeds of any such liquidation, which shall be governed by the provisions
of Part X (Economic Clauses) of the present Treaty.

ARTICLE 134.

Germany renounces in favour of the Government of His Britannic Majesty
the German State property in the British Concession at Shameen at Canton.
She renounces in favour of the French and Chinese Governments conjointly
the property of the German school situated in the French Concession at
Shanghai.

Section III.
SIAM.

ARTICLE 135.
Germany recognises that all treaties, conventions and agreements between
her and Siam, and all rights, title and privileges derived therefrom, including
all rights of extraterritorial jurisdiction, terminated as from July 22, 1917.

ARTICLE 136.

All goods and property in Siam belonging to the German Empire or to
any German State, with the exception of premises used as diplomatic or
consular residences or offices, pass ipso facto and without compensation to
the Siamese Government.

The goods, property and private rights of German nationals in Siam shall
be dealt with in accordance with the provisions of Part X (Economic
Clauses) of the present Treaty.
530 INTERNATIONAL RELATIONS

ARTICLE 137.

Germany waives all claims against the Siamese Government on behalf
of herself or her nationals arising out of the seizure or condemnation of
German ships, the liquidation of German property, or the internment of
German nationals in Siam. This provision shall not affect the rights of the
parties interested in the proceeds of any such liquidation, which shall be
governed by the provisions of Part X (Economic Clauses) of the present
Treaty.

Section IV.
LIBERIA.
ARTICLE 138.

Germany renounces all rights and privileges arising from the arrange-
ments of 1911 and 1912 regarding Liberia, and particularly the right to
nominate a German Receiver of Customs in Liberia.

She further renounces all claim to participate in any measures whatsoever
which may be adopted for the rehabilitation of Liberia.

ARTICLE 139.
Germany recognizes that all treaties and arrangements between her and
Liberia terminated as from August 4, 1917.

ARTICLE 140.

The property, rights and interests of Germans in Liberia shall be dealt with
in accordance with Part X (Economic Clauses) of the present Treaty.

Srction V.
MOROCCO.
ARTICLE I4I.

Germany renounces all rights, titles and privileges conferred on her by
the General Act of Algeciras of April 7, 1906, and by the Franco-German
Agreements of February 9, 1909, and November 4, 1911. All treaties, agree-
ments, arrangements and contracts concluded by her with the Sherifian
Empire are regarded as abrogated as from August 3, 1914.

In no case can Germany take advantage of these instruments and she
undertakes not to intervene in any way in negotiations relating to Morocco
which may take place between France and the other Powers.

ARTICLE 142.
Germany having recognized the French Protectorate in Morocco, hereby
TREATY OF PEACE 531

accepts all the consequences of its establishment, and she renounces the
régime of the capitulations therein.
This renunciation shall take effect as from August 3, 1914.

ARTICLE 143.

The Sherifian Government shall have complete liberty of action in regulat-
ing the status of German nationals in Morocco and the conditions in which
they may establish themselves there.

German protected persons, semsars and “associés agricoles” shall be con-
sidered as having ceased, as from August 3, 1914, to enjoy the privileges
attached to their status and shall be subject to the ordinary law.

ARTICLE 144.

All property and possessions in the Sherifian Empire of the German
Empire and the German States pass to the Maghzen without payment.

For this purpose, the property and possessions of the German Empire
and States shall be deemed to include all the property of the Crown, the
Empire or the States, and the private property of the former German
Emperor and other Royal personages.

All movable and immovable property in the Sherifian Empire belonging
to German nationals shall be dealt with in accordance with Sections III and
IV of Part X (Economic Clauses) of the present Treaty.

Mining rights which may be recognised as belonging to German nationals
by the Court of Arbitration set up under the Moroccan Mining Regulations
shall form the subject of a valuation, which the arbitrators shall be requested
to make, and these rights shall then be treated in the same way as property
in Morocco belonging to German nationals.

ARTICLE 145.

The German Government shall ensure the transfer to a person nominated
by the French Government of the shares representing Germany’s portion
of the capital of the State Bank of Morocco. The value of these shares as
assessed by the Reparation Commission, shall be paid to the Reparation
Commission for the credit of Germany on account of the sums due for
reparation. The German Government shall be responsible for indemnifying
its nationals so dispossessed.

This transfer will take place without prejudice to the repayment of debts
which German nationals may have contracted towards the State Bank of
Morocco,

ARTICLE 146.

Moroccan goods entering Germany shall enjoy the treatment accorded
to French goods,
532 INTERNATIONAL RELATIONS

Section VI.
EGYPT.
ARTICLE 147.

Germany declares that she recognises the Protectorate proclaimed over
Egypt by Great Britain on December 18, 1914, and that she renounces the
régime of the Capitulations in Egypt.

This renunciation shall take effect as from August 4, 1914.

ARTICLE 148.

All treaties, agreements, arrangements and contracts concluded by Germany
with Egypt are regarded as abrogated as from August 4, 1914.

In no case can Germany avail herself of these instruments and she under-
takes not to intervene in any way in negotiations relating to Egypt which
may take place between Great Britain and the other Powers,

ARTICLE 149.

Until an Egyptian law of judicial organization establishing courts with
universal jurisdiction comes into force, provision shall be made, by means
of decrees issued by His Highness the Sultan, for the exercise of jurisdic-
tion over German nationals and property by the British Consular Tribunals.

ARTICLE 150.

The Egyptian Government shall have complete liberty of action in regu-
lating the status of German nationals and the conditions under which they
may establish themselves in Egypt.

ARTICLE I51.

Germany consents to the abrogation of the decree issued by His Highness
the Khedive on November 28, 1904, relating to the Commission of the Egyptian
Public Debt, or to such changes as the Egyptian Government may think it
desirable to make therein.

ARTICLE 152.

Germany consents, in so far as she is concerned, to the transfer to His
Britannic Majesty’s Government of the powers conferred on His Imperial
Majesty the Sultan by the Convention signed at Constantinople on October
29, 1888, relating to the free navigation of the Suez Canal.

She renounces all participation in the Sanitary, Maritime, and Quarantine
Board of Egypt and consents, in so far as she is concerned, to the transfer
to the Egyptian Authorities of the powers of that Board.
TREATY OF PEACE 533

ARTICLE 153.

All property and possessions in Egypt of the German Empire and the Ger-
man States pass to the Egyptian Government without payment.

For this purpose, the property and possessions of the German Empire and
States shall be deemed to include all the property of the Crown, the Empire
or the State, and the private property of the former German Emperor and
other Royal personages.

All movable and immovable property in Egypt belonging to German na-
tionals shall be dealt with in accordance with Sections III and IV of Part X
‘(Economic Clauses) of the present Treaty.

ARTICLE 154.

Egyptian goods entering Germany shall enjoy the treatment accorded to
British goods. :

Section VII.
TURKEY AND BULGARIA.

ARTICLE 155.

Germany undertakes to recognise and accept all arrangements which the
Allied and Associated Powers may make with Turkey and Bulgaria with
reference to any rights, interests and privileges whatever which might
be claimed by Germany or her nationals in Turkey and Bulgaria and which
are not dealt with in the provisions of the present Treaty.

Section VIII.
SHANTUNG.
ARTICLE 156.

Germany renounces, in favour of Japan, all her rights, title and privi-
leges—particularly those concerning the territory of Kiaochow, railways,
mines and submarine cables—which she acquired in virtue of the Treaty
concluded by her with China on March 6, 1898, and of all other arrange--
ments relative to the Province of Shantung.

All German rights in the Tsingtao-Tsinanfu Railway, including its branch
lines, together with is subsidiary property of all kinds, stations, shops, fixed
and rolling stock, mines, plant and material for the exploitation of the mines,
are and remain acquired by Japan, together with all rights and privileges
attaching thereto.

The German State submarine cables from Tsingtao to Shanghai and from
Tsingtao to Chefoo, with all the rights, privileges and properties attaching
thereto, are similarly acquired by Japan, free and clear of all charges and
encumbrances.
534 INTERNATIONAL RELATIONS

ARTICLE 157.

The movable and immovable property owned by the German State in the
territory of Kiaochow, as well as all the rights which Germany might claim
in consequence of the works or improvements made or of the expenses in-
curred by her, directly or indirectly, in connection with this territory, are and
remain acquired by Japan, free and clear of all charges and encumbrances.

ARTICLE 158.

Germany shall hand over to Japan within three months from the coming into
force of the present Treaty the archives, registers, plans, title-deeds and docu-
ments of every kind, wherever they may be, relating to the administration,
whether civil, military, financial, judicial or other, of the territory of Kiao-
chow.

Within the samre period Germany shall give particulars to Japan of all
treaties, arrangements or agreements relating to the rights, title or privi-
leges referred to in the two preceding Articles.

PART V.
MILITARY, NAVAL AND: AIR CLAUSES.

In order to render possible the initiation of a general limitation of the arma-
ments of all nations, Germany undertakes strictly to observe the military,
naval and air clauses which follow.

Section I.
MILITARY CLAUSES.
CuHaptrr I.
EFFECTIVES AND CADRES OF THE GERMAN ARMY.
ARTICLE 159.

The German military forces shall be demobilized and reduced as prescribed
hereinafter.

ARTICLE 160.

(1) By a date which must not be later than March 31, 1920, the German
Army must not comprise more than seven divisions of infantry and three
divisions of cavalry.

After that date the total number of effectives in the Army of the States
constituting Germany must not exceed one hundred thousand men, including
TREATY OF PEACE 535

officers and establishments of depots. The Army shall be devoted exclusively
to the maintenance of order within the territory and to the control of the
frontiers.

The total effective strength of officers, including the personnel of staffs,
whatever their composition, must not exceed four thousand.

(2) Divisions and Army Corps headquarters staffs shall be organised in
accordance with Table No. 1 annexed to this Section.

The number and strengths of the units of infantry, artillery, engineers,
technical services and troops laid down in the aforesaid Table constitute
maxima which must not be exceeded.

The following units may each have their own depot:

An Infantry regiment;

A Cavalry regiment;

A regiment of Field Artillery;
A battalion of Pioneers.

(3) The divisions must not be grouped under more than two army corps
headquarters staffs.

The maintenance or formation of forces differently grouped or of other
organisation for the command of troops or for preparation for war is for-
bidden.

The Great German General Staff and all similar organisations shall be
dissolved and may not be reconstituted in any form.

The officers, or persons in the position of officers, in the Ministries of War
in the different States in Germany and in the Administrations attached to
them, must not exceed three hundred in number and are included in the
maximum strength of four thousand laid down in the third sub-paragraph of
paragraph (1) of this Article.

ARTICLE 161.

Army administrative services consisting of civilian personnel not- included
in the number of effectives prescribed by the present Treaty will have
such personnel reduced in each class to one-tenth of that laid down in the
Budget of 1913.

ARTICLE 162.

The number of employees or officials of the German States, such as cus-
toms officers, forest guards and coastguards, shall not exceed that of the
employees or officials functioning in these capacities in 1913.

The number of gendarmes and employees or officials of the local or
municipal police may only be increased to an extent corresponding to the
increase of population since 1913 in the districts or municipalities in which
they are employed.

These employees and officials may not be assembled for military training.

ARTICLE 163.

The reduction of the strength of the German military forces as provided
for in Article 160 may be effected gradually in the following manner:
536 INTERNATIONAL RELATIONS

Within three months from the coming into force of the present Treaty
the total number of effectives must be reduced to 200,000 and the number
of units must not exceed twice the number of those laid down in Article
160. ;

At the expiration ’of this period, and at the end of each subsequent period
of three months, a Conference of military experts of the Principal Allied
and Associated Powers will fix the reductions to be made in the ensuing
three months, so that by March 31, 1920, at the latest the total number of
German effectives does not exceed the maximum number of 100,000 men
laid down in Article 160. In these successive reductions the same ratio
between the number of officers and of men, and between the various kinds
of units, shall be maintained as is laid down in that Article.

Cuaprer II.
ARMAMENT, MUNITIONS AND MATERIAL,

ARTICLE 164.

Up till the time at which Germany is admitted as a member of the League
of Nations the German Army must not possess an armament greater than
the amounts fixed in Table No. II annexed to this Section, with the excep-
tion of an optional increase not exceeding one-twentyfifth part for small
arms and one-fiftieth part for guns, which shall be exclusively used to provide
for such eventual replacements as may be necessary.

Germany agrees that after she has become a member of the League of Na-
tions the armaments fixed in the said Table shall remain in force until they
are modified by the Council of the League. Furthermore she hereby agrees
strictly to observe the decisions of the Council of the League on this subject.

ARTICLE 165.

The maximum number of guns, machine guns, trench-mortars, rifles and
the amount of ammunition and equipment which Germany is allowed to
maintain during the period between the coming into force of the present
Treaty and the date of March 31, 1920, referred to in Article 160, shall bear
the same proportion to the amount authorized in Table No. III annexed to
this Section as the strength of the German Army as reduced from time to
time in accordance with Article 163 bears to the strength permitted under
Article 160.

ARTICLE 166.

At the date of March 31, 1920, the stock of munitions which the German
Army may have at its disposal shall not exceed the amounts fixed in Table
No. III annexed to this Section.

Within the same period the German Governmerit will store these stocks
at points to be notified to the Governments of the Principal Allied and
Associated Powers. The German Government is forbidden to establish any
other stocks, depots or reserves of munitions.
TREATY OF PEACE 537

ARTICLE 167,

The number and calibre of the guns constituting at the date of the coming
into force of the present Treaty the armament of the fortified works, for-
tresses, and any land or coast forts which Germany is allowed to retain must
be notified immediately by the German Government to the Governments of the
Principal Allied and Associated Powers, and will constitute maximum
amounts which may not be exceeded.

Within two months from the coming into force of the present Treaty, the
maximum stock of ammunition for these guns will be reduced to, and main-
tained at, the following uniform rates:—fifteen hundred rounds per piece
for those the calibre gf which is 10.5 cm. and under: five hundred rounds per
piece for those of higher calibre.

ARTICLE 168.

The manufacture of arms, munitions, or any war material, shall only be
carried out in factories or works the location of which shall be communicated
to and approved by the Governments of the Principal Allied and Associated
Powers, and the number of which they retain the right to restrict.

Within three months from the coming into force of the present Treaty,
all other establishments for the manufacture, preparation, storage or design
of arms, munitions, or any war material whatever shall be closed down.
The same applies to all arsenals except those used as depots for the authorised
stocks of munitions. Within the same period the personnel of these arsenals
will be dismissed.

ARTICLE 169.

Within two months from the coming into force of the present Treaty
German arms, munitions and war material, including anti-aircraft material,
existing in Germany in excess of the quantities allowed, must be surrendered
to the Governments of the Principal Allied and Associated Powers to be
destroyed or rendered useless. This will also apply to any special plant
intended for the manufacture of military material, except such as may be
recognised as necessary for equipping the authorised strength of the German
Army.

The surrender in question will be effected at such points in German
territory as may be selected by the said Governments.

Within the same period arms, munitions and war material, including anti-
aircraft material, of origin other than German, in whatever state they may be,
will be delivered to the said Governments, who will decide as to their disposal.

Arms and munitions which on account of the successive reductions in the
strength of the German army become in excess of the amounts authorized by
Tables II and III annexed to this Section must be handed over in the manner
laid down above within such periods as may be decided by the Conferences
referred to in Article 163.
538 INTERNATIONAL RELATIONS

ARTICLE 170.

Importation into Germany of arms, munitions and war material of every
kind shall be strictly prohibited.

The same applies to the manufacture for, and export to, foreign countries
of arms, munitions and war material of every kind.

ARTICLE 171.

The use of asphyxiating, poisonous or other gases and all analogous liquids,
materials or devices being prohibited, their manufacture and importation are
strictly forbidden in Germany.

The same applies to materials specially intended for the manufacture,
storage and use of the said products or devices.

The manufacture and the importation into Germany of armoured cars, tanks
and all similar constructions suitable for use in war are also prohibited.

ARTICLE 172.

Within a period of three months from the coming into force of the present
Treaty, the German Government will disclose to the Governments of the
Principal Allied and Associated Powers the nature and mode of manufacture
of all explosives, toxic substances or other like chemical preparations used by
them in the war or prepared by them for the purpose of being so used.

Cuapter III.
RECRUITING AND MILITARY TRAINING.
ARTICLE 173.

Universal compulsory military service shall be abolished in Germany.
The German Army may only be constituted and recruited by means of
voluntary enlistment.

ARTICLE 174.

The period of enlistment for non-commissioned officers and privates must
be twelve consecutive years.

The number of men discharged for any reason before the expiration of
their term of enlistment must not exceed in any year five per cent. of the
total effectives fixed by the second sub-paragraph of paragraph (1) of
Article 160 of the present Treaty.

ARTICLE 175.
The officers who are retained in the Army must undertake the obligation
to serve in it up to the age of forty-five years at least.
Officers newly appointed must undertake to serve on the active list for
twenty-five consecutive years at least.
TREATY OF PEACE 539

Officers who have previously belonged to any formations whatever of the
Army, and who are not retained in the units allowed to be maintained, must
not take part in any military exercise whether theoretical or practical, and
will not be under any military obligations whatever.

The number of officers discharged for any reason before the expiration
of their term of service must not exceed in any year five per cent. of the
total effectives of officers provided for in the third sub-paragraph (1) of
Article 160 of the present Treaty.

ARTICLE 176.

On the expiration of two months from the coming into force of the
present ‘Treaty there must only exist in Germany the number of military
schools which is absolutely indispensable for the recruitment of the officers
of the units allowed. These schools will be exclusively intended for the
recruitment of officers of each arm, in the proportion of one school per arm.

The number of students admitted to attend the courses of the said schools
will be strictly in proportion to the vacancies to be filled in the cadres of
officers. The students and the cadres will be reckoned in the effectives fixed
by the second and third sub-paragraphs of paragraph (1) of Article 160 of
the present Treaty.

Consequently, and during the period fixed above, all military academies
or similar institutions in Germany, as well as the different military schools
for officers, student officers (Aspiranten), cadets, non-commissioned officers
or student non-commissioned officers (Aspiranten), other than the schools
above provided for, will be abolished.

ARTICLE 177.

Educational establishments, the universities, societies of discharged sol-
diers, shooting or touring clubs and, generally speaking, associations of every
description, whatever be the age of their members, must not occupy them-
selves with any military matters.

In particular they will be forbidden to instruct or exercise their members,
or to allow them to be instructed or exercised, in the profession or use of
arms.

These societies, associations, educational establishments and universities
must have no connection with the Ministries of War or any other military
authority.

ARTICLE 178.
All measures of mobilization or appertaining to mobilization are forbidden.
In no case must formations, administrative services or General Staffs
include supplementary cadres.

ARTICLE 179.
Germany agrees, from the coming into force of the present Treaty, not to
accredit nor to send to any foreign country any military, naval or air mis-
sion, nor to allow any such mission to leave her territory, and Germany
540 INTERNATIONAL RELATIONS

further agrees to take appropriate measures to prevent German nationals
from leaving her territory to become enrolled in the Army, Navy or Air
service of any foreign Power, or to be attached to such Army, Navy or Air
service for the purpose of assisting in the military, naval or air training
thereof, or otherwise for the purpose of giving military, naval or air instruc-
tion in any foreign country.

The Allied and Associated Powers agree, so far as they are concerned,
from the coming into force of the present Treaty, not to enrol in nor to
attach to their armies or naval or air forces any German national for the
purpose of assisting in the military training of such armies or naval or air.
forces, or otherwise to employ any such German national as military, naval
or aeronautic instructor.

The present provision does not, however, affect the right of France to
recruit for the Foreign Legion in accordance with French military laws and
regulations.

Cuapter IV.
FORTIFICATIONS.
ARTICLE 180.

All fortified works, fortresses and field works situated in German territory
to the west of a line drawn fifty kilometres to the east of the Rhine shall be
disarmed and dismantled.

Within a period of two months from the coming into force of the present
Treaty such of the above fortified works, fortresses and field works as are
situated in territory not occupied by Allied and Associated troops shall be
disarmed, and within a further period of four months they shall be dis-
mantled. Those which are situated in territory occupied by Allied and
Associated troops shall be disarmed and dismantled within such periods as
may be fixed by the Allied High Command.

The construction of any new fortification, whatever its nature and impor-
tance, is forbidden in the zone referred to in the first paragraph above.

The system of fortified works of the southern and eastern frontiers of
Germany shall be maintained in its existing state.

TABLE No. 1.
STATE AND ESTABLISHMENT OF ARMY CORPS HEADQUARTERS STAFFS AND ot
INFANTRY AND CAVALRY DIVISIONS.

These tabular statements do not form a fixed establishment to be imposed
on Germany, but the figures contained in them (number of units and
strengths) represent maximum figures, which should not in any case be
exceeded,
TREATY OF PEACE 541

I.—ARMY CORPS HEADQUARTERS STAFFS.

 

Maximum strengths
of each unit.

 

 

r Maxi-
Unit. mum
No.
author- Officers. N.C.0O.’s
ised. and Men.
Aemy Corps Headquarters Stafeicciseesswienvener 2 3a 150
Total for Headquarters Staffs........ evnesaenleeoy cones 60 300

 

 

 

II. ESTABLISHMENT OF AN INFANTRY DIVISION.

 

 

 

  
 
 

 

  

Maxi- Maximum strengths
mum No. of each unit.
D of such
Unit. units a é
a single N.C.O.’s
_ | division, Officers. | and Men.
Headquarters of an infantry division..... I 25 70
Headquarters of divisional infantry... I 4 30
Headquarters of divisional artillery.. ; I 4 30
Regiment of infantry.......... ase sia deaue 3 70 2,300
Each regiment comprises 3 battalions of infantry.
Each battalion comprises 3 companies of infantry
and x machine-gun company.)
Trench mortar company.........00e005 Si lalotaacaae dae 3 6 150
Divisional squadron..... dens I 6 150
Field artillery regiment.........-eseeeeee reece sane I 85 1,300

(Each regiment comprises 3 groups of artillery.
_ Each group comprises 3 batteries.
Pioneer battalion........ aia aiaralia whivont a, Bee mien peeeees I 12 400
(This battalion comprises 2 companies of pioneers.
‘ .1 pontoon detachment, 1 searchlight section.)
Signal detachment..............0.5 ai crsiecnaemiae es
' (This detachment comprises 1 telephone detachment,
i listening section, 1 carrier pigeon section.)

  

 

 

 

 

 

    

Divisional medical service.... 20 400
Parks and convoys. 14 800
Total for infantry division.............. haere | eke shane etait 410 10,830
III. ESTABLISHMENT OF A CAVALRY DIVISION.
3 Maxi- Maximum strengths
mum No. of each unit.
i of such | —_____
Unit. units is er
a single 2 AOL's
division. Officers. | and Men.
Headquarters of a cavalry division.. I 15 50
Cavalry regiment...........-+-- & acasieys 6 40 800
(Each regiment comprises 4 squadrons.
Horse artillery group (3 batteries)..........- aaron I 20 400
Total for cavalry division.........+ exon apvia | acasventews ore 275 5,250

 

 

 

 
542

TasiEe No. II.

INTERNATIONAL RELATIONS

TABULAR STATEMENT OF ARMAMENT ESTABLISHMENT FOR A MAXIMUM OF SEVEN
INFANTRY DIVISIONS, THREE CAVALRY DIVISIONS, AND TWO ARMY CORPS HEAD-

QUARTERS STAFFS.

 

 

 

 

 

 

 

 

 

 

Infantry | For 7 Cavalry | For 3 Two army Total of
division. ‘infantry | division.| cavalry corps head- columns
M i divisions. divisions.| quarters staffs. | 2, 4 and 5.
aterial,
(a) (2) (3) (4) (s) (6)
Rifles .......... any 12,000 S000 | «xcevay eae en This establish- 84,000
Carbines ......00000 |  ceceasea| aeacenes 6,000 18,000 |must be drawn 18,000
Heavy machine guns 108 756 12 36 \from the in- 792
Light machine guns.. 162 1,134 ee Dass ++..[ereased arma- 1,134
oe trench mor- ments of the
Siccnay seen neNOSas soe 9 63 veseees| eoeeeee. (divisional  in- 63
Light trench mortars 27 ESO? ll xacsudrveaecoua’| zeesesnetces .|fantry. 189
7.7-cCm, guns ......+% 24 168 12 3 204
10.5-cm, howitzers .. 12 Ba. | aiasverrers | wedios axe 84
TasiEe No. III.
MAXIMUM STOCKS AUTHORISED.
Maxi- |
mum ‘
; number Estab- |. Maxi-
Material. of Arms lishment, mum
author- per unit.: totals
ised.

i Rounds. Rounds.
RifGS sowexceneny steeds vsuies 2 ies os ekense wees oe 84,000 400 40,800,000
Carbines. 2. sexs cxawess 18,000 noes
Heavy machine guns 792 8,000 15,408,000
Light machine guns 1,134 Pe
nee becors TTIOTLATS! vessuer ant aie Sete see Riess Pibrssieereas 63 400 25,200

ight trench mortars .......eesee eee ee seer ene eee 18
Fielld artillery: 2 ove naaz2 99

Ups e CATA ARANTISY “Sade auceievs onsen sanauarandiacannrs dees iby ecdadaryhacecwen? 20. I
TO.§ ‘Cm, HOWItZELrS sceweiesis amine nemo saaaers ane 84 "Ban “Br 200

 

 

Section II.
NAVAL CLAUSES.

ARTICLE 181.

After the expiration of a period of two months from the coming into
force of the present Treaty the German naval forces in commission must

not exceed:
6 battleships of the Deutschland or Lothringen type,
6 light cruisers,
12 destroyers,
12 torpedo boats,
TREATY OF PEACE 543

or an equal number of ships “constructed to replace them as provided in
Article 190.

No submarines are to be included.

All other warships, except where there is provision to the contrary in the
present Treaty, must be placed in reserve or devoted to commercial purposes.

ARTICLE 182.

Until the completion of the mineswceping prescribed by Article 193 Ger-
many will kgep in commission such number of minesweeping vessels as may
be fixed by the Governments of the Principal Allied and Associated Powers.

ARTICLE 183.

After the expiration of a period of two months from the coming into
force of the present Treaty the total personnel of the German Navy, includ-
ing the manning of the fleet, coast defences, signal stations, administration
and other land services, must not exceed fifteen thousand, including officers
and men of all grades and corps.

The total strength of officers and warrant officers must not exceed fifteen
hundred.

Within two months from the coming into force of the present Treaty the
personnel in excess of the above strength shall be demobilized.

No naval or military corps or reserve force in connection with the Navy
may be organised in Germany without being included in the above strength.

ARTICLE 184.

From the date of the coming into force of the present Treaty all the
German surface warships which are not in German ports cease to belong to
Germany, who renounces all rights over them.

Vessels which, in compliance with the Armistice of November 11, 1918,
are now interned in the ports of the Allied and Associated Powers are
declared to be finally surrendered.

Vessels which are now interned in neutral ports will be there surrendered
to the Governments of the Principal Allied and Associated Powers. The
German Government must address a notification to that effect to the neutral
Powers on the coming into force of the present Treaty.

ARTICLE 185.

Within a period of two months from the coming into force of the present
Treaty the German surface warships enumerated below will be surrendered
to the Governments of the Principal Allied and Associated Powers in such
Allied ports as the said Powers may direct.

These warships will have been disarmed as provided in Article XXIII
of the Armistice of November 11, 1918. Nevertheless, they must have all
their guns on board. :
544

Oldenburg.
Thuringen.

Ostfriesland.

Helgoland.

Stettin.
Danzig.
Miinchen,
Liibeck.

INTERNATIONAL RELATIONS

BATTLESHIPS, ”
Posen.
Westfalen.
Rheinland,
Nassau,

LIGHT CRUISERS.
Stralsund.
Augsburg.
Kolberg. 2
Stuttgart.

and, in addition, forty-two modern destroyers and fifty modern torpedo
boats, as chosen by the Governments of the Principal Allied and Associated
Powers.

ARTICLE 186.

On the coming into force of the present Treaty the German Government
must undertake, under the supervision of the Governments of the Principal
Allied and Associated Powers, the breaking-up of all the German surface
warships now under construction.

ARTICLE 187.
The German auxiliary cruisers and fleet auxiliaries enumerated below
will be disarmed and treated as merchant ships.

INTERRED IN NEUTRAL COUNTRIES:

Berlin, Seydlitz.
Santa Fé. Yorck.
IN GERMANY:

Ammon. Fiirst Bilow.
Answald. Gertrud,
Bosnia. Kigoma.
Cordoba. Rugia.
Cassel. Santa Elena.
Dania. Schleswig.
Rio Negro. Mowe.
Rio Pardo. Sierra Ventana.
Santa Cruz. Chemnitz.
Schwaben. Emil George Von Strauss.
Solingen. Habsburg.
Steigerwald, Meteor.
Franken. Waltraute.
Gundomar. Scharnhorst.
TREATY OF PEACE 545

Article 188.

On the expiration of one month from the coming into force of the present
Treaty all German submarines, submarine salvage vessels and docks for
submarines, including the tubular dock, must have been handed over to the
Governments of the Principal Allied and Associated Powers.

Such of these submarines, vessels and docks as are considered by the said
Governments to be fit to proceed under their own power or to be towed shall
be taken by the German Government into such Allied ports as have been
indicated.

The remainder, and also those in course of construction, shall be broken
up entirely by the German Government under the supervision of the said
Governments. The breaking-up must be completed within three months at
the most after the coming into force of the present Treaty.

ARTICLE 189.

Articles, machinery and material arising from the breaking up of German
warships of all kinds, whether surface vessels or submarines, may not be
used except for purely industrial or commercial purposes.

They may not be sold or disposed of to foreign countries.

ARTICLE 190.

Germany is forbidden to construct or acquire any warships other than those
intended to replace the units in commission provided for in Article 181 of
the present Treaty. :

The warships intended for replacement purposes as above shall not cxceed
the following displacement :

ATMOUFE. SHIPS . neneee eo cats 5 caeee eee aes 10,000 tons,
Ligh’ Cruisers: denis pommwtkdeet ve bade ee 6,000 tons,
Destroyers: gacicasiaenge ade esig poeemnasvoweys 800 tons,
Torpedo boats ic. .adcueeissssscneseesveneacss 200 tons.

Except where a ship has been lost, units of the different classes shall only
be replaced at the end of a period of twenty years in the case of battleships
and cruisers, and fifteen years in the case of destroyers and torpedo boats,
counting from the launching of the ship.

ARTICLE IQI.
The construction or acquisition of any submarine, eyen for commercial

purposes, shall be forbidden in Germany.
e

ARTICLE 192.
The warships in commission of the German fleet must have on board or
546. INTERNATIONAL RELATIONS

in reserve only the allowance of arms, munitions and war material fixed
by the Principal Allied and Associated Powers.

Within a month from the fixing of the quantities as above, arms, muni-
tions and war material of all kinds, including mines and torpedoes, now in
the hands of the German Government and in excess of the said quantities,
shall be surrendered to the Governments of the said Powers at places to
be indicated by them. Such arms, munitions and war material will be
destroyed or rendered useless.

All other stocks, depots or reserves of arms, munitions or naval war ma-
terial of all kinds are forbidden.

The manufacture of these articles in German territory for, and their export
to, foreign countries shall be forbidden. :

ARTICLE 193.

On the coming into force of the present Treaty Germany will forthwith
sweep up the mines in the following areas in the North Sea to the eastward
of longitude 4° oo’ E. of Greenwich:

(1) Between parallels of latitude 53° oo’ N. and 59° oo’ N.; (2) To the
northward of latitude 60° 30’ N.

Germany must keep these areas free from mines.

Germany must also sweep and keep free from mines such areas in the
Baltic as may ultimately be notified by the Governments of the Principal
Allied and Associated Powers. ;

ARTICLE 104.

The personnel of the German Navy shall be recruited entirely by volun-
tary engagements entered into for a minimum period of twenty-five con-
secutive years for officers and warrant officers; twelve consecutive years for
petty officers and men.

The number engaged to replace those discharged for any reason before the
expiration of their term of service must not exceed five per cent. per annum
of the totals laid down in this Section (Article 183).

The personnel discharged from the Navy must not receive any kind of
naval or military training or undertake any further service in the Navy or
Army.

Officers belonging to the German Navy and not demobilised must engage, to
serve till the age of forty-five, unless discharged for sufficient reasons.

No officer or man of the German mercantile marine shall receive any
training in the Navy.

. ARTICLE 195.

In order to ensure free passage into the Baltic to all natigns, Germany
shall not erect any fortifications in the area comprised between latitudes
55° 27’ N. and 54° 00’ N. and longitudes 9° oo’ E. and 16° oo’ FE. of the
meridian of Greenwich nor instal any guns commanding the maritime routes
TREATY OF PEACE 547

between the North Sea and the Baltic. The fortifications now existing in this
area shall be demolished and the guns removed under the supervisions of the
Allied Governments and in periods to be fixed by them.

The German Government shall place at the disposal of the Governnients
of the Principal Allied and Associated Powers all hydrographical information
now in its possession concerning the channels and adjoining waters between
the Baltic and the North Sea.

ARTICLE 196.

All fortified works and fortifications, other than those mentioned in Sec-
tion XIII (Heligoland) of Part III (Political Clauses for Europe) and in
Article 195, now established within fifty kilometres of the German coast or
on German islands off that coast shall be considered as of a defensive nature
and may remain in their existing condition.

No new fortifications shall be constructed within these limits. The arma-
ment of these defences shall not exceed, as regards the number and calibre
of guns, those in position at the date of the coming into force of the present
Treaty. The German Government shall communicate forthwith particulars
thereof to all the European Governments.

On the expiration of a period of two months from the coming into force
of the present Treaty the stocks of ammunition for these guns shall be
reduced to and maintained at a maximum figure of fifteen hundred rounds
per piece for calibres of 4.1-inch and under, and five hundred rounds per piece
for higher calibres,

ARTICLE 197.

During the three months following the coming into force of the present
Treaty the German high-power wireless telegraphy stations at Nauen,
Hanover and Berlin shall not be used for the transmission of messages con-
cerning naval, military or political questions of interest to Germany or any
State which has been allied to Germany in the war, without the assent of the
Governments of the Principal Allied and Associated Powers. These stations
may be used for commercial purposes, but only under the supervision of the
said Governments, who will decide the wave-length to be used.

During the same period Germany shall not build any more high-power wire-
less telegraphy stations in her own territory or that of Austria, Hungary,
Bulgaria or Turkey.

‘Section III.
AIR CLAUSES.

ARTICLE 198.
The armed forces of Germany must not include any military or naval air

forces.
Germany may, during a period not extending beyond October I, 1919, main-
548 INTERNATIONAL RELATIONS

tain a maximum number of one hundred seaplanes or flying boats, which shall
be exclusively employed in searching for submarine mines, shall be furnished
with the necessary equipment for this purpose, and shall in no case carry
arms, munitions or bombs of any nature whatever. :

In addition to the engines installed in the seaplanes or flying boats above
mentioned, one spare engine may be provided for each engine of each of
these craft.

No dirigible shall be kept.

ARTICLE 199.

Within two months from the coming into force of the present Treaty the
personnel of air forces on the rolls of the German land and sea forces shall
be demobilized. Up to October 1, 1919, however, Germany may keep and
maintain a total number of one thousand men, including officers, for the
whole of the cadres and personnel, flying and non-flying, of all formations
and establishments. .

ARTICLE 200.

Until the complete evacuation of German territory by the Allied and Asso-
ciated troops, the aircraft of the Allied and Associated Powers shall enjoy
in Germany freedom of passage through the air, freedom of transit and of
landing.

ARTICLE 201,

During the six months following the coming into force of the present
Treaty, the manufacture and importation of aircraft, parts of aircraft, engines
for aircraft, and parts of engines for aircraft, shall be forbidden in all Ger-
man territory.

ARTICLE 202.

On the coming into force of the present Treaty, all military and naval
aeronautical material, except the machines mentioned in the second and third
paragraphs of Article 198, must be delivered to the Governments of the Prin-
cipal Allied and Associated Powers.

Delivery must be effected at such places as the said Governments may
select, and must be completed within three months.

In particular, this material will include all items under the following heads
which are or have been in use or were designed for warlike purposes:

Complete aeroplanes and seaplanes, as well as those being manufactured,
repaired or assembled.

Dirigibles able to take the air, being manufactured, repaired or assembled.

Plant for the manufacture of hydrogen.

Dirigible sheds and shelters of every kind for aircraft.

Pending their delivery, dirigibles will, at the expense of Germany, be main-
tained inflated with hydrogen; the plant for the manufacture of hydrogen, as
well as the sheds for dirigibles, may, at the discretion of the said Powers, be
left to Germany until the time when the dirigibles are handed over.
TREATY OF PEACE 549

Engines for aircraft.

Nacelles and fuselages.

Armament (guns, machine guns, light machine guns, bomb-dropping appa-
ratus, torpedo-dropping apparatus, synchronization apparatus, aiming ap-
paratus).

Munitions (cartridges, shells, bombs loaded or unloaded, stocks of ex-
plosives or of material for their manufacture).

Instruments for use on aircraft.

Wireless apparatus and photographic or cinematograph apparatus for use
on aircraft.

Component parts of any of the items under the preceding heads.

The material referred to above shall not be removed without special per-

_mission from the said Governments.

Section IV,
INTER-ALLIED COMMISSIONS OF CONTROL.

ARTICLE 203.

All the military, naval and air clauses contained in the present Treaty, for
the execution of which a time-limit is prescribed, shall bé executed by
Germany under the control of Inter-Allied Commissions specially appointed
for this purpose by the Principal Allied and Associated Powers.

ARTICLE 204.

The Inter-Allied Commissions of Control will-be specially charged with
the duty of seeing to the complete execution of the delivery, destruction,
demolition and rendering things useless to be carried out at the expense of
the German Government in accordance with the present Treaty.

They will communicate to the German authorities the decisions which the
Principal Allied and Associated Powers have reserved the right to take, or
which the execution of the military, naval and air clauses may necessitate.

ARTICLE 205.
The Inter-Allied Commissions of Control may establish their organisa-
tions at the seat of the central German Government.
They shall be entitled as often as they think desirable to proceed to any
point whatever in German territory, or to send sub-commissions, or to
authorize one or more of their members to go, to any such point.

ARTICLE 206,

The German Government must give all necessary facilities for the accom-
plishment of their missions to the Inter-Allied Commissions of Control and
to their members.
550 INTERNATIONAL RELATIONS

It shall attach a qualified representative to each Inter-Allied Commission
of Control for the purpose of receiving the communications which the Com-
mission may have to address to the German Government and of supplying or
procuring for the Commission all information or documents which may be
required.

The German Government must in all cases furnish at its own cost all
labour and material required to effect the deliveries and the works of destruc-
tion, dismantling, demolition, and of rendering things useless, provided for
in the present Treaty.

ARTICLE 207.

The upkeep and cost of the Commissions of Control and the expenses
involved by their work shall be borne by Germany. .

ARTICLE 208,

The Military Inter-Allied Commission of Control will represent the Govern-
ments of the Principal Allied and Associated Powers in dealing with the
German Government in all matters concerning the execution of the military
clauses.

In particular it will be its duty to receive from the German Government the
notifications relating to the location of the stocks and depots of munitions,
the armament of the fortified works, fortresses and forts which Germany is
allowed to retain, and the location of the works or factories for the produc-
tion of arms, munitions and war material and their operations.

It will take delivery of the arms, munitions and war material, will select
the points where such delivery is to be effected, and will supervise the works
of destruction, demolition, and of rendering things useless, which are to be
carried out in accordance with the present Treaty.

The German Government must furnish to the Military Inter-Allied Com-
mission of Control all such information and documents as the latter may
deem necessary to ensure the complete execution of the military clauses, and
in particular all legislative and administrative documents and regulations.

ARTICLE 209.

The Naval Inter-Allied Commission of Control will represent the Govern-
ments of the Principal Allied and Associated Powers in dealing with the
German Government in all matters concerning the execution of the naval
clauses.

In particular it will be its duty to proceed to the building yards and to sup-
ervise the breaking-up of the ships which are under construction there, to take
delivery of all surface ships or submarines, salvage ships, docks and the
tubular docks, and to supervise the destruction and breaking-up provided for.

The German Government must furnish to the Naval Inter-Allied Commis-
sion of Control all such information and documents as the Commission may
TREATY OF PEACE 551

deem necessary to ensure the complete execution of the naval clauses, in
particular the designs of the warships, the composition of their armaments,
the details and models of the guns, munitions, torpedoes, mines, explosives,
wireless telegraphic apparatus and, in general, everything relating to naval
war material, as well as all legislative or administrative documents or regu-
lations.

ARTICLE 210.

The Aeronautical Inter-Allied Commission of Control will represent the
Governments of the Principal Allied and Associated Powers in dealing with
the German Government in all matters concerning the execution of the air
clauses. :

In particular it will be its duty to make an inventory of the aeronautical
material existing in German territory, to inspect aeroplane, balloon and motor
manufactories, and factories producing arms, munitions and explosives
capable of being used by aircraft, to visit all aerodromes, sheds, landing
grounds, parks and depots, to authorize, where necessary, a removal of
material and to take delivery of such material.

The German Government must furnish to the Aeronautical Inter-Allied
Commission of Control all such information and legislative, administrative or
other documents which the Commission may consider necessary to ensure the
complete execution of the air clauses, and in-particular a list of the personnel
belonging to all the German Air Services, and of the existing material, as well
as of that in process of manufacture or on order, and a list of all establish-
ments working for aviation, of their positions, and of all sheds and landing
grounds,

Section V.
GENERAL ARTICLES.
. ARTICLE 211.

After the expiration of a period of three months from the coming into
force of the present Treaty, the German laws must have been modified and
shall be maintained by the German Government in conformity with this Part
of the present Treaty.

Within the same period all the administrative or other measures relating
the execution of this Part of the Treaty must have been taken.

ARTICLE 212.

The following portions of the Armistice of November 11, 1918: Article
VI, the first two and the sixth and seventh paragraphs of Article VII;
Article IX; Clauses I, II and V of Annex n° 2, and the Protocol, dated
April. 4, 1919, supplementing the Armistice of November 11, 1918, remain
in force so far as they are not inconsistent with the above stipulations.
552 INTERNATIONAL RELATIONS

ARTICLE 213.

So long as the present Treaty remains in force, Germany undertakes to
give every facility for any investigation which the Council of the League
of Nations, acting if need be by a majority vote, may consider necessary.

PART VI.
PRISONERS OF WAR AND GRAVES.

Section I.
PRISONERS OF WAR.
ARTICLE 214.

The repatriation of prisoners of war and interned civilians shall take
place as soon as possible after the coming into force of the present Treaty
and shall be carried out with the greatest rapidity.

ARTICLE 215.

The repatriation of German prisoners of war and interned civilians shall,
in accordance with Article 214, be carried out by a Commission composed of
representatives of the Allied and Associated Powers on the one part and of
the German Government on the other part.

For each of the Allied and Associated Powers a Sub-Commission, composed
exclusively of Representatives of the interested Power and of Delegates of
the German Government, shall regulate the details of carrying into effect the
repatriation of the prisoners of war.

ARTICLE 216.

From the time of their delivery into the hands of the German authorities
the prisoners of war and interned civilians are to be returned without delay
to their homes by the said authorities.

Those amongst them who before the war were habitually resident in ter-
ritory occupied by the troops of the Allied and Associated Powers are like-
wise to be sent to their homes, subject to the consent and control of the
military authorities of the Allied and Associated armies of occupation.

ARTICLE 217.

The whole cost of repatriation from the moment of starting shall be borne
by the German Government, who shall also provide the land and sea transport
and staff considered necessary by the Commission referred to in Article 215.
TREATY OF PEACE 553

ARTICLE 218.

Prisoners of war and interned civilians awaiting disposal or undergoing
sentence for offences against discipline shall be repatriated irrespective of the
completion of their sentence or of the proceedings pending against them.

This stipulation shall not apply to prisoners of war and interned civilians
punished for offences committed subsequent to May 1, 1919.

During the period pending their repatriation all prisoners of war and
interned civilians shall remain subject to the existing regulations, more
especially as regards work and discipline.

ARTICLE 219. .
Prisoners of war and interned civilians who are awaiting disposal or

undergoing sentence for offences other than those against discipline may be
detained.

ARTICLE 220.

The German Government undertakes to admit to its territory without
distinction all persons liable to repatriation.

Prisoners of war or other German nationals who do not desire to be re-
patriated may be excluded from repatriation; but the Allied and Associated
Governments reserve to themselves the right either to repatriate them or to
take them to a neutral country or to allow them to reside in their own
territories. ;

The German Government undertakes not to institute any exceptional pro-
ceedings against these persons or their families nor to take any repressive or
vexatious measures of any kind whatsoever against them on this account.

ARTICLE 221,

The Allied and Associated Governments reserve the right to make the
repatriation of German prisoners of war or German nationals in their hands
conditional upon the immediate notification and release by the German Gov-
ernment of any prisoners of war who are nationals of the Allied and Asso-
ciated Powers and may still be in Germany.

ARTICLE 222.

Germany undertakes:

(1) To give every facility to Commissions to enquire into the cases of those
who cannot be traced; to furnish such Commissions with all necessary means
of transport; to allow them access to camps, prisons, hospitals and all other
places; and to place at their disposal all documents, whether public or private
which would facilitate their enquiries ;

(2) To impose penalties upon any German officials or private persons who
have concealed the presence of any nationals of any of the Allied and Asso-
ciated Powers or have neglected to reveal the presence of any such after it
had come to their knowledge.
554 INTERNATIONAL RELATIONS

ARTICLE 223.

Germany undertakes to restore without delay from the date of the coming
into force of the present Treaty all articles, money, securities and documents
which have belonged to nationals of the Allied and Associated Powers and
which have been retained by the German authorities,

ARTICLE 224.

The High Contracting Parties waive reciprocally all repayment of sums
due for the maintenance of prisoners of war in their respective territories.

j Secrion IT,
GRAVES.

ARTICLE 225.

The Allied and Associated Governments and the German Government will
cause to be respected and maintained the graves of the soldiers and sailors
buried in their respective territories.

They agree to recognise any Commission appointed by an Allied or Asso-
ciated Government for the purpose of identifying, registering, caring for or
erecting suitable memorials over the said graves and to facilitate the discharge
of its duties.

Furthermore they agree to afford, so far as the provisions of their laws
and the requirements of public health allow, every facility for giving effect to
requests that the bodies of their soldiers and sailors may be transferred to
their own country.

ARTICLE 226.

The graves of prisoners of war and interned civilians who are nationals
of the different belligerent States and have died in captivity shall be properly
maintained in accordance with Article 225 of the present Treaty.

The Allied and Associated Governments on the one part and the German
Government on the other part reciprocally undertake also to furnish to each

other:

(1) A complete list of those who have died, together with all information
useful for identification ;

(2) All information as to the number and position of the graves of all those
who have been buried without identification.

PART VII.
PENALTIES.

ARTICLE 227.

The Allied and Associated Powers publicly arraign William II of Hohen-
zollern, formerly German Emperor, for a supreme offence against interna-
tional morality and the sanctity of treaties.
TREATY OF PEACE 555

A special tribunal will be constituted to try the accused, thereby assuring
him the guarantees essential to the right of defence. It will be composed of
five judges, one appointed by each of the following Powers: namely, the
United States of America, Great Britain, France, Italy and Japan.

In its decision the tribunal will be guided by the highest motives of interna-
tional policy, with a view to vindicating the solemn obligations of interna-
tional undertakings and the validity of international morality. It will be its
duty to fix the punishment which it considers should be imposed.

The Allied and Associated Powers will address a request to the Government
of the Netherlands for the surrender to them of the ex-Emperor in order
that he may be put on trial.

ARTICLE 228.

The German Government recognizes the right of the Allied and Associated
Powers to bring before military tribunals persons accused of having com-
mitted acts in violation of the laws and customs of war. Such persons shall, if
found guilty, be sentenced to punishments laid down by law. This provision
will apply notwithstanding any proceedings or prosecution before a tribunal
in Germany or in the territory of her allies.

The German Government shall hand over to the Allied and Associated
Powers, or to such one of them as shall so request, all persons accused of
having committed an act in violation of the laws and customs of war, who
are specified either by name or by the rank, office or employment which they
held under the German authorities,

ARTICLE 229.

Persons guilty of criminal acts against the nationals of one of the Allied and
Associated Powers will be brought before the military tribunals of that Power.

Persons guilty of criminal acts against the nationals of more than one of
the Allied and Associated Powers will be brought before military tribunals
composed of members of the military tribunals of the Powers concerned.

In every case the accused will be entitled to name his own counsel.

ARTICLE 230.

The German Government undertakes to furnish all documents and informa-
tion of every kind, the production of which may be considered necessary to en-
sure the full knowledge of the incriminating acts, the discovery of offenders
and the just appreciation of responsibility.
556 INTERNATIONAL RELATIONS

PART VIIL.
REPARATION.

Section I.
GENERAL PROVISIONS.
ARYICLE 231.

The allied and Associated Governments affirm and Germany accepts the
responsibility of Germany and her allies for causing all the loss and damage
to which the Allied and Associated Governments and their nationals have been
subjected as a consequence of the war imposed upon them by the aggression
of Germany and her allies.

ARTICLE 232.

The Allied and Associated Governments recognize that the resources of
Germany are not adequate, after taking into account permanent diminutions
of such resources which will result from other provisions of the present
Treaty, to make complete reparation for all such loss and damage.

The Allied and Associated Governments, however, require, and Germany
undertakes, that she will make compensation for all damage done to the
civilian population of the Allied and Associated Powers and to their property
during the period of the belligerency of each as an Allied or Associated Power
against Germany by such aggression by land, by sea and from the air, and in
general all damage as defined in Annex I hereto.

In accordance with Germany’s pledges, already given, as to complete restora-
tion for Belgium, Germany undertakes, in addition to the compensation for
damage elsewhere in this Part provided for, as a consequence of the violation
of the Treaty of 1839, to make reimbursement of all sums which Belgium
has borrowed from the Allied and Associated Governments up to November
II, 1918, together with interest at the rate of five per cent. (5%) per annum
on stich sums. This amount shall be determined by the Reparation Commis-
sion, and the German Government undertakes thereupon forthwith to make
a special issue of bearer bonds to an equivalent amount payable in marks
gold, on May 1, 1926, or, at the option of the German Government, on the Ist
of May in any year up to 1926. Subject to the foregoing, the form of such
bonds shall be determined by the Reparation Commission. Such bonds shall
be handed over to the Reparation Commission, which has authority to take and
acknowledge receipt thereof on behalf of Belgium.

ARTICLE 233.

The amount of the above damage for which compensation is to be made by
Germany shall be determined by an Inter-Allied Commission, to be called the
TREATY OF PEACE 557

Reparation Commission and constituted in the form and with the powers set
forth hereunder and in Annexes II to VII inclusive hereto.

This Commission shall consider the claims and give to the German Govern-
ment a just opportunity to be heard.

The findings of the Commission as to the amount of damage defined as
above shall be concluded and notified to the German Government on or before
May I, 1921, as representing the extent of that Government’s obligations.

The Commission shall concurrently draw up a schedule of payments pre-
scribing the time and manner for securing and discharging the entire obliga-
tion within a period of thirty years from May 1, 1921. If, however, within
the period mentioned, Germany fails to discharge her obligations, any balance
remaining unpaid may, within the discretion of the Commission, be postponed
for settlement in subsequent years, or may be handled otherwise in such man-
ner as the Allied and Associated Governments, acting in accordance with
the procedure laid down in this Part of the present Treaty, shall determine.

ARTICLE 234.

The Reparation Commission shall after May 1, 1921, from time to time,
consider the resources and capacity of Germany, and, after giving her repre-
sentatives a just opportunity to be heard, shall have discretion to extend the
date, and to modify the form of payments, such as are to be provided for in
accordance with Article 233; but not to cancel any part except with the specific
authority of the several Governments represented upon the Commission.

ARTICLE 235.

In order to enable the Allied and Associated Powers to proceed at once
to the restoration of their industrial and economic life, pending the full
determination of their claims, Germany shall pay in such instalments and in
such manner (whether in gold, commodities, ships, securities or otherwise)
as the Reparation Commission may fix, during 1919, 1920 and the first four
months of 1921, the equivalent of 20,000,000,0co gold marks. Out of this
sum the expenses of the armies of occupation subsequent to the Armistice
of November 11, 1918, shall first be met, and such supplies of food and raw
materials as may be judged by the Governments of the Principal Allied and
Associated Powers to be essential to enable Germany to meet her obligations
for reparation may also, with the approval of the said Governments, be paid
for out of the above sum. The balance shall be reckoned towards liquida-
tion of the amounts due for reparation. Germany shall further deposit bonds
as prescribed in paragraph 12 (c) of Annex II hereto.

ARTICLE 236.
Germany further agrees to the direct application of her economic resources
to reparation as specified in Annexes III, IV, V, and VI, relating respec-
tively to merchant shipping, to physical restoration, to coal and derivatives of
558 INTERNATIONAL RELATIONS

coal, and to dyestuffs and other chemical products; provided always that the
value of the property transferred and any services rendered by her under
these Annexes, assessed in the manner therein prescribed, shall be credited to
her towards liquidation of her obligations under the above Articles.

ARTICLE 237.

The successive instalments, including the above sum, paid over by Germany
in satisfaction of the above claims will be divided by the Allied and As-
sociated Governments in proportions which have been determined upon by
them in advance on a basis of general equity and of the rights of each.

For the purposes of this division the value of property transferred and
services rendered under Article 243, and under Annexes III, IV, V, VI, and
VII, shall be reckoned in the same manner as cash payments effected in that
year.

ARTICLE 238.

In addition to the payments mentioned above Germany shall effect, in
accordance with the procedure laid down by the Reparation Commission,
restitution in cash of cash taken away, seized or sequestrated, and also resti-
tution of animals, objects of every nature and securities taken away, seized or
sequestrated, in the cases in which it proves possible to identify them in
territory belonging to Germany or her allies.

Until this procedure is laid down, restitution will continue in accordance
with the provisions of the Armistice of November 11, 1918, and its renewals
and the Protocols thereto.

ARTICLE 230.

The German Government undertakes to make forthwith the restitution
contemplated by Article 238 and to make the payments and deliveries con-
templated by Articles 233, 234, 235 and 236.

ARTICLE 240.

The German Government recognizes the Commission provided for by
Article 233 as the same may be constituted by the Allied and Associated
Governments in accordance with Annex II, and agrees irrevocably to the
possession and exercise by such Commission of the power and authority
given to it under the present Treaty.

The German Government will supply to the Commission all the inform-
ation which the Commission may require relative to the financial situation
and operations and to the property, productive capacity, and stocks and
current production of raw materials and manufactured articles of Germany
and her nationals, and further any information relative to military operations
which in the judgment of the Commission may be necessary for the assess-
ment of Germany’s liability for reparation as defined in Annex I.
TREATY OF PEACE 559

The German Government will accord to the members of the Commission
and its authorised agents the same rights and immunities as are enjoyed in
Germany by duly accredited diplomatic agents of friendly Powers.

Germany further agrees to provide for the salaries and expenses of the
Commission and of such staff as it may employ.

ARTICLE 241.

Germany undertakes to pass, issue and maintain in force any legislation,
orders and decrees that may be necessary to give complete effect to these
provisions.

ARTICLE 242.

The provisions of this Part of the present Treaty do not apply to the
property, rights and interests referred to in Sections III and IV of Part X
(Economic Clauses) of the present Treaty, nor to the product of their
liquidation, except so far as concerns any final balance in favour of Germany
under Article 243 (a).

ARTICLE 243.

The following shall be reckoned as credits to Germany in respect of her
reparation obligations:

(a) Any final balance in favour of Germany under Section V (Alsace-
Lorraine) of Part III (Political Clauses for Europe) and Sections III and IV
of Part X (Economic Clauses) of the present Treaty;

(b) Amounts due to Germany in respect of transfers under Section IV
(Saar Basin) of Part III (Political Clauses for Europe), Part IX (Finan-
cial Clauses), and Part XII (Ports, Waterways and Railways) ;

(c) Amounts which in the judgment of the Reparation Commission should
be credited to Germany on account of any other transfers under the present
Treaty of property, rights, concessions or other interests.

In no case however shall credit be given for property restored in accordance
with Article 238 of the present Part.

ARTICLE 244.

The transfer of the German submarine cables which do not form the sub-
ject of particular provisions of the present Treaty is regulated by Annex VII
hereto.

ANNEX I.

Compensation may be claimed from Germany under Article 232 above in re-
spect of the total damage under the following categories:

(1) Damage to injured persons and to surviving dependents by personal in-
jury to or death of civilians caused by acts of war, including bombardments
or other attacks on land, on sea, or from the air, and all the direct conse-
560 INTERNATIONAL RELATIONS

quences thereof, and of all operations of war by the two groups of belligerents
wherever arising.

(2) Damage caused by Germany or her allies to civilian victims of acts of
cruelty, violence or maltreatment (including injuries to life or health as a
consequence of imprisonment, deportation, internment or evacuation, of ex-
posure at sea or of being forced to labour), wherever arising, and to the
surviving dependents of such victims.

(3) Damage caused by Germany or her allies in their own territory or in
occupied or invaded territory to civilian victims of all acts injurious to health
or capacity to work, or to honour, as well as to the surviving dependents of
such victims.

(4) Damage caused by any kind of maltreatment of prisoners of war. _

(5) As damage caused to the peoples of the Allied and Associated Powers,
all pensions and compensation in the nature of pensions to naval and mili-
tary victims of war (including members of the air force, whether mutilated,
wounded, sick or invalided, and to the dependents of such victims, the amount
due to the Allied and Associated Governments being calculated for each of
them as being the capitalised cost of such pensions and compensations at the
date of the coming into force of the present Treaty on the basis of the scales
in force in France at such date.

(6) The cost of assistance by the Government of the Allied and Associated
Powers to prisoners of war and to their families and dependents.

(7) Allowances by the Governments of the Allied and Associated Powers
to the families and dependents of mobilised persons or persons serving with
the forces, the amount due to them for each calendar year in which hostilities
occurred being calculated for each Government on the basis of the average
scale for such payments in force in France during that year.

(8) Damage caused to civilians by being forced by Germany or her allies
to labour without just remuneration.

(9) Damage in respect of all property wherever situated belonging to any of
the Allied or Associated States or their nationals, with the exception of naval
and military works or materials, which has been carried off, seized, injured
or destroyed by the acts of Germany or her allies on land, on sea or from the
air, or damage directly in consequence of hostilities or of any operations of
war.

(10) Damage in the form of levies, fines and other similar exactions im-
posed by Germany or her allies upon the civilian population,

ANNEX II.

1. The Commission referred to in Article 233 shall be called “The Repara-
tion Commission” and is hereinafter referred to as “the Commission.” _

2. Delegates to this Commission shall be nominated by the United States of
America, Great Britain, France, Italy, Japan, Belgium and the Serb-Croat-
Slovene State. Each of these Powers will appoint one Delegate and also one
Assistant Delegate, who will take his place in case of illness or necessary ab-
TREATY OF PEACE 501

sence, but at other times will only have the right to be present at proceedings
without taking any part therein.

On no occasion shall the Delegates of more than five of the above Powers
have the right to take part in the proceedings of the Commission and to record
their votes. The Delegates of the United States, Great Britain, France and
Italy shall have this right on all occasions. The Delegate of Belgium shall
have this right on all occasions other than those referred to below. ‘The Dele-
gate of Japan shall have this right on occasions when questions relating to
damage at sea, and questions arising under Article 260 of Part IX (Financial
Clauses) in which Japanese interests are concerned, are under consideration.
The Delegate of the Serb-Croat-Slovene State shall have this right when
questions relating to Austria, Hungary or Bulgaria are under consideration.

Each Government represented on the Commission shall have the right to
withdraw therefrom upon twelve months’ notice filed with the Commission
and confirmed in the course of the sixth month after the date of the original
notice.

3. Such of the other Allied and Associated Powers as may be interested shal}
have the right to appoint a Delegate to be present and act as Assessor only
while their respective claims and interests are under examination or discus-
sion, but without the right to vote.

4. In case of the death, resignation or recall of any Delegate, Assistant
Delegate or Assessor, a successor to him shall be nominated as soon as pos-
sible.

5. The Commission will have its principal permanent Bureau in Paris and
will hold its first meeting in Paris as soon as practicable after the coming into
force of the present treaty, and thereafter will meet in such place or places
and at such time as it may deem convenient and as may be necessary for
the most expeditious discharge of its duties.

6. At its first meeting the Commission shall elect, fronr among the Dele-
gates referred to above, a Chairman and a Vice-Chairman, who shall hold
office for one year and shall be eligible for re-election. If a vacancy in the
Chairmanship or Vice-Chairmanship should occur during the annual period,
the Commission shall proceed to a new election for the remainder of the said
period.

7. The Commission is authorised to appoint all necessary officers, agents
and employees who may be required for the execution of its functions, and
to fix their remuneration; to constitute committees, whose members need not
necessarily be members of the Commission, and to take all executive steps
necessary for the purpose of discharging its duties; and to delegate authority
and discretion to officers, agents and committees.

8, All proceedings of the Commission shall be private, unless, on particular
occasions, the Commission shall otherwise determine for special reasons.

9. The Commission shall be required, if the German Government so desire,
to hear, within a period which it will fix from time to time, evidence and
arguments on the part of Germany on any question connected with her
capacity to pay.
562 INTERNATIONAL RELATIONS

10. The Commission shall consider the claims and give to the German Gov-
ernment a just opportunity to be heard, but not to take any part whatever in
the decisions of the Commission. The Commission shall afford a similar
opportunity to the allies of Germany, when it shall consider that their
interests are in question. .

11. The Commission shall not be bound by any particular code or rules of
law or by any particular rule of evidence or of procedure, but shall be guided
by justice, equity and good faith. Its decisions must follow the same prin-
ciples and rules in all cases where they are applicable. It will establish rules
relating to methods of proof of claims. It may act on any trustworthy modes
of computation.

12. The Commission shall have all the powers conferred upon it, and shall
exercise all the functions assigned to it, by the present Treaty.

The Commission shall in general have wide latitude as to its control and
handling of the whole reparation problem as dealt with in this Part of the
present Treaty and shall have authority to interpret its provisions. Subject to
the provisions of the present Treaty, the Commission is constituted by the
several Allied and Associated Governments referred to in paragraphs 2 and
3 above as the exclusive agency of the said Governments respectively for
receiving, selling, holding, and distributing the reparation payments to be
made by Germany under this Part of the present Treaty. The Commission
must comply with the following conditions and provisions:

(a) Whatever part of the full amount of the proved claims is not paid in
gold, or in ships, securities and commodities or otherwise, Germany shall be
required, under such conditions as the Commission may determine, to cover
by way of guarantee by an equivalent issue of bonds, obligations or other-
wise, in order to constitute an acknowledgment of the said part of the debt.

(b) In periodically estimating Germany’s capacity to pay, the Commission
shall examine the German system of taxation, first, to the end that the sums
for reparation which Germany is required to pay shall become a charge upon
all her revenues prior to that for the service or discharge of any domestic
loan, and secondly, so as to satisfy itself that, in general, the German scheme
of taxation is fully as heavy proportionately as that of any of the Powers rep-
resented on the Commission.

(c) In order to facilitate and continue the immediate restoration of the
economic life of the Allied and Associated countries, the Commission will as
provided in Article 235 take from Germany by way of security for and
acknowledgment of her debt a first instalment of gold bearer bonds free of
all taxes and charges of every description established or to be established by
the Government of the German Empire or of the German States, or by any
authority subject to them; these bonds will be delivered on account and in
three portions, the marks gold being payable in conformity with Article 262
of Part IX (Financial Clauses) of the present Treaty as follows:

(1) To be issued forthwith, 20,000,000,000 Marks gold bearer bonds, payable
not later than May 1, 1921, without interest. ‘There shall be specially applied
TREATY OF PEACE 563

towards the amortisation of these bonds the payments which Germany is
pledged to make in conformity with Article 235, after deduction of the sums
used for the reimbursement of expenses of the armies of occupation and for
payment of foodstuffs and raw materials. Such bonds as have not been re-
deemed by May 1, 1921, shall then be exchanged or new bonds of the same
type as those provided for below (paragraph 12, c, (2).

(2) To be issued forthwith, further 40,000,000,000 Marks gold bearer bonds,
bearing interest at 274 per cent. per annum between 1921 and 1926, and there-
after at 5 per cent. per annum with an additional 1 per cent. for amortisa-
tion beginning in 1926 on the whole amount of the issue.

(3) To be delivered forthwith a,covering undertaking in writing to issue
when, but not until, the Commission is satisfied that Germany can meet such
interest and sinking fund obligations, a further instalment of 40,000,000,000
Marks gold 5 per cent. bearer bonds, the time and mode of payment of
principal and interest to be determined by the Commission.

The dates for payment of interest, the manner of applying the amor-
tisation fund, and all other questions relating to the issue, management and
regulation of the bond issue shall be determined by the Commission from time
to time.

Further issues by way of acknowledgment and security may be required as
the Commission subsequently determines from time to time.

(d) In the event of bonds, obligations or other evidence of indebtedness
issued by Germany by way of security for or acknowledgment of her repara-
tion debt being disposed of outright, not by way of pledge, to persons
other than the several Governments in whose favour Germany’s original
reparation indebtedness was created, an amount of such reparation in-
debtedness shall be deemed to be extinguished corresponding to the nominal
value of the bonds, etc., so disposed of outright, and the obligation of
Germany in respect of such bonds shall be confined to her liabilities to the
holders of the bonds, as expressed upon their face

(e) The damage for repairing, reconstructing and rebuilding property in
the invaded and devastated districts, including reinstallation of furniture,
machinery and other equipment, will be calculated according to the cost at the
dates when the work is done. ‘

(f) Decisions of the Commission relating to the total or partial cancellation
of the capital or interest of any verified debt of Germany must be ac-
companied by a statement of its reasons.

13. As to voting, the Commission will observe the following rules:

When a decision of the Commission is taken, the votes of all the Delegates
entitled to vote, or in the absence of any of them, of their Assistant Delegates,
shall be recorded. Abstention from voting is to be treated as a vote against
the proposal under discussion. Assessors have no vote.

On the following questions unanimity is necessary:

(a) Questions involving the sovereignty of any of the Allied and Associated
Powers, or the cancellation of the whole or any part of the debt or obligations
of Germany;
564 INTERNATIONAL RELATIONS

(b) Questions of determining the amount and conditions of bonds or
other obligations to be issued by the German Government and of fixing the
time and manner for selling, negotiating or distributing such bonds;

(c) Any postponement, total or partial, beyond the end of 1930, of the
payment of instalments falling due between May 1, 1921, and the end of
1926 inclusive ;

(d) Any postponement, total or partial, of any instalment falling due
after 1926 for a period exceeding three years;

(e) Questions of applying in any particular case a method of measuring
damages different from that which has been previously applied in a similar
case; ;

(f) Questions of the interpretation of the provisions of this Part of the
present Treaty.

All other questions shall be decided by the vote of a majority.

In case of any difference of opinion among the Delegates, which cannot
be solved by reference to their Governments, upon the question whether a
given case is one which requires a unanimous vote for its decision or not,
such difference shall be referred to the immediate arbitration of some
impartial person to be agreed upon by their Governments, whose award the
Allied and Associated Governments agree to accept.

14. Decisions of the Commission, in accordance with the powers conferred
upon it, shall forthwith become binding and may be put into immediate
execution without further proceedings.

15. The Commission will issue to each of the interested Powers, in such
form as the Commission shall fix:

(1) A certificate stating that it holds for the account of the said Power
bonds of the issues mentioned above, the said certificate, on the demand of
the Power concerned, being divisible in a number of parts not exceeding
five;

(2) From time to time certificates stating the goods delivered by Germany
on account of her reparation debt which it holds for the account of the said
Power.

The said certificates shall be registered, and upon notice to the Commission,
may be transferred by endorsement. ,

When bonds are issued for sale or negotiation, and when goods are
delivered by the Commission, certificates to an equivalent value must be
withdrawn.

16. Interest shall be debited to Germany as from May 1, 1921, in respect
of her debt as determined by the Commission, after allowing for sums
already covered by cash payments or their equivalent, or by bonds issued to
the Commission, or under Article 243. The rate of interest shall be 5 per
cent. unless the Commission shall determine at some future time that circum-
stances justify a variation of this rate.

The Commission, in fixing on May 1, 1921, the total amount of the debt of
Germany, may take account of interest due on sums arising out of the
TREATY OF PEACE 565

reparation of material damage as from November 11, 1918, up to May 1, 1921.

17. In case of default by Germany in the performance of any obligation
under this Part of the present Treaty, the Commission will forthwith give
notice of such default to each of the interested Powers and may make
such recommendations as to the action to be taken in consequence of such
default as it may think necessary.

18. The measures which the Allied and Associated Powers shall have the
right to take, in case of voluntary default by Germany, and which Germany
agrees not to regard as acts of war, may include economic and financial
prohibitions and reprisals and in general such other measures as the respec-
tive Governments may determine to be necessary in the circumstances.

19. Payments required to be made in gold or its equivalent on account of
the proved claims of the Allied and Associated Powers may at any time be
accepted by the Commission in the form of chattels, properties, commodities,
businesses, rights, concessions, within or without German territory, ships,
bonds, shares or securities of any kind, or currencies of Germany or other
States, the value of such substitutes for gold being fixed at a fair and just
amount by the Commission itself.

20. The Commission, in fixing or accepting payment in specified properties
or rights, shall have due regard for any legal or equitable interests of the
Allied and Associated Powers or of neutral Powers or of their nationals
therein.

21. No member of the Commission shall be responsible, except to the
Government appointing him, for any action or omission as such member.
No one of the Allied or Associated Governments assumes any responsibility
in respect of any other Government.

22. Subject to the provisions of the present Treaty this Annex may be
amended by the unanimous decision of the Governments represented from
time to time upon the Commission.

23. When all the amounts due from Germany and her allies under the
present Treaty or the decisions of the Commission have been discharged and
all sums received, or their equivalents, shall have been distributed to the
Powers interested, the Commission shall be dissolved.

ANNEX III.

1. Germany recognises the right of the Allied and Associated Powers to the
replacement, ton for ton (gross tonnage) and class for class, of all merchant
ships and fishing boats lost or damaged owing to the war.

Nevertheless, and in spite of the fact that the tonnage of German shipping
at present in existence is much less than that lost by the Allied and Associated
Powers in consequence of the German aggression, the right thus recognised
will be enforced on German ships and boats under the following conditions:

The German Government, on behalf of themselves and so as to bind all
other persons interested, cede to the Allied and Associated Governments the
property in all the German merchant ships which are of 1,600 tons gross
566 INTERNATIONAL RELATIONS

and upwards; in one-half, reckoned in tonnage, of the ships which are be-
tween 1,000 tons and 1,600 tons gross; in one-quarter, reckoned in tonnage,
of the steam trawlers; and in one-quarter, reckoned in tonnage, of the other
fishing boats.

2. The German Government will, within two months of the coming into
torce of the present Treaty, deliver to the Reparation Commission all the
ships and boats mentioned in paragraph 1.

3. The ships and boats mentioned in paragraph 1 include all ships and
boats which (a) fly, or may be entitled to fly, the German merchant flag;
or (b) are owned by any German national, company or corporation or by
any company or corporation belonging to a country other than an Allied or
Associated country and under the control or direction of German nationals;
or (c) are now under construction (1) in Germany, (2) in other than Allied
or Associated countries for the account of any German national, company
or corporation.

4. For the purpose of providing documents of title for the ships and boats
to be handed over as above mentioned, the German Government will:

(a) Deliver to the Reparation Commission in respect of each vessel a bill
of sale or other document of title evidencing the transfer to the Commission
of the entire “property in the vessel, free from all encumbrances, charges
and liens of all kinds, as the Commission may require; :

(b) Take all mcasures that may be indicated by the Reparation Commis-
sion for ensuring that the ships themselves shall be placed at its disposal.

5. As an additional part of reparation, Germany agrees to cause merchant
ships to be built in German yards for the account of the Allied and Asso-
ciated Governments as follows:

(a) Within three months of the coming into force of the present Treaty,
the Reparation Commission will notify to the German Government the
amount of tonnage to be laid down in German ship yards in each of the two
years next succeeding the three months mentioned above.

(b) Within two years of the coming into force of the present Treaty, the
Reparation Commission will notify to the German Government the amount
of tonnage to be laid down in each of the three years following the two
years mentioned above.

(c) The amount of tonnage to be laid down in each year shall not exceed
200,000 tons, gross tonnage.

(d) The specifications of the ships to be built, the conditions under which
they are to be built and delivered, the price per ton at which they are to be
accounted for by the Reparation Commission, and all other questions relating
to the accounting, ordering, building and delivery of the ships, shall be de-
termined by the Commission.

Germany undertakes to restore in kind and in normal condition of upkeep
to the Allied and Associated Powers, within two months of the coming intc
force of the present Treaty, in accordance with procedure to be laid down
by the Reparation Commission, any boats and other movable appliances be-
longing to inland navigation which since August 1, 1914, have by any means
TREATY OF PEACE 567

whatever come into her possession or into the possession of her nationals,
and which can be identified.

With a view to make good the loss in inland navigation tonnage, from
whatever cause arising, which has been incurred during the war by the
Allied and Associated Powers, and which cannot be made good by means
of the restitution prescribed above, Germany agrees to cede to the Repara-
tion Commission a portion of the German river fleet up to the amount ot
the loss mentioned above, provided that such cession shall not exceed 20 per
cent. of the river fleet as it existed on November 11, 1918.

The conditions of this cession shall be settled by the arbitrators referred
to in Article 339 of Part XII (Ports, Waterways and Railways) of the
present: Treaty, who are charged with the settlement of difficulties relating
tothe apportionment of river tonnage resulting from the new international
régime applicable to certain river systems or from the territorial changes
affecting those systems.

y. Germany agrees to take any measures that may be indicated to her by
the Reparation Commission for obtaining the full title to the property in
all ships which have during the war been transferred, or are in process of
transfer, to neutral flags, without the consent of the Allied and Associated
Governments.

8 Germany waives all claims of any description against the Allied and
Associated Governments and their nationals in respect of the detention, em-
ployment, loss or damage of any German ships or boats, exception heing
made of payments due in respect of the employment of ships in conformity
with the Armistice Agreement of January 13, 1919, and subsequent Agrec-
>ments.

The handing over of the ships of the German mercantile marine must be
continued without interruption in accordance with the said Agreement.

9. Germany waives all claims to vessels or cargoes sunk by or in con-
sequence of naval action and subsequently salved, in which any of the Allied
or Associated Governments or their nationals may have any interest either
as owners, charterers, insurers or otherwise, notwithstanding any decree of
condemnation which may have been made by a Prize Court of Germany or
of her allies.

ANNEX IV.

1. The Allied and Associated Powers require, and Germany undertakes,
that in part satisfaction of her obligations expressed in the present Part she
will, as hereinafter provided, devote her economic resources directly to the
physical restoration of the invaded areas of the Allied and Associated
Powers, to the extent that these Powers may determine.

2. The Allied and Associated Governments may file with the Reparation
Commission lists showing: :

(a) Animals, machinery, equipment, tools and like articles of a commercial
character, which have been seized, consumed or destroyed by Germany or
568 INTERNATIONAL RELATIONS

destroyed in direct consequence of military operations, and which such Gov-
ernments, for the purpose of meeting immediate and urgent needs, desire
to have replaced by animals and articles of the same nature which are in
being in German territory at the date of the coming into force of the
present Treaty;

(b) Reconstruction materials (stones, bricks, refractory bricks, tiles, wood,
window-glass, steel, lime, cement, etc.), machinery, heating apparatus, furni-
ture and like articles of a commercial character which the said Governments
desire to have produced and manufactured in Germany and delivered to them
to permit of the restoration of the invaded areas.

3. The lists relating to the articles mentioned in 2 (a) above shall be filed
within sixty days after the date of the coming into force of the present
Treaty. :

The lists relating to the articles in 2 (b) above shall be filed on or before
December 31, 1919.

The lists shall contain all such details as are customary in commercial
contracts dealing with the subject matter, including specifications, dates of
delivery (but not extending over more than four years), and places of
delivery, but not price or value, which shall be fixed as hereinafter provided
by the Commission.

4. Immediately upon the filing of such lists with the Commission, the Com-
mission shall consider the amount and number of the materials and animals
mentioned in the lists provided for above which are to be required of Ger-
many. In reaching a decision on this matter the Commission shall take into
account such domestic requirements of Germany as it deems essential for the
maintenance of Germany’s social and economic life, the prices and dates at
which similar articles can be obtained in the Allied and Associated countries
as compared with those to be fixed for German articles, and the general
interest of the Allied and Associated Governments that the industrial life of
Germany be not so disorganised as to affect adversely the ability of Germany
to perform the other acts of reparation stipulated for.

Machinery, equipment, tools and like articles of a commercial character in
actual industrial use are not, however, to be demanded of Germany unless
there is no free stock of such articles respectively which is not in use and is
available, and then not in excess of thirty per cent. of the quantity of such
articles in use in any one establishment or undertaking.

The Commission shall give representatives of the German Government an
opportunity and a time to be heard as to their capacity to furnish the said
materials, articles and animals,

The decision of the Commission shall thereupon and at the earliest possible
moment be communicated to the German Government and to the several
interested Allied and Associated Governments.

The German Government undertakes to deliver the materials, articles and
animals as specified in the said communication, and the interested Allied and
Associated Governments severally agree to accept the same, provided they
TREATY OF PEACE 569

conform to the specification given, or are not, in the judgment of the Com-
mission, unfit to be utilized in the work of reparation.

5. The Commission shall determine the value to be attributed to the
materials, articles and animals to be delivered in accordance with the fore-
going, and the Allied or Associated Power receiving the same agrees to be
charged with such value, and the amount thereof shall be treated as a pay-
ment by Germany to be divided in accordance with Article 237 of this Part
of the present Treaty.

In cases where the right to require physical restoration as above provided
is exercised, the Commission shall ensure that the amount to be credited
against the reparation obligation of Germany shall be the fair value of work
done or materials supplied by Germany, and that the claim made by the
interested Power in respect of the damage so repaired by physical restoration
shall be discharged to the extent of the proportion which the damage thus
repaired bears to the whole of the damage thus claimed for.

6. As an immediate advance on account of the animals referred to in para-
graph 2 (a) above, Germany undertakes to deliver in equal monthly instal-
ments in the three months following the coming into force of the present
Treaty the following quantities of live stock:

(1) To the French Government.

500 stallions (3 to 7 years) ;
30,000 fillies and mares (18 months to 7 years), type: Ardennais, Boulon-
nais or Belgian;

2,000 bulls (18 months to 3 years) ;
90,000 milch cows (2 to 6 years) ;

J,000 rams;
Io00,000 sheep ;

10,000 goats.

(2) To the Belgian Government.

200 stallions (3 to 7 years), large Belgian type;
5,000 mares (3 to 7 years), large Belgian type;
5,000 fillies (18 months to 3 years), large Belgian type;
2,000 bulls (18 months to 3 years) ;
50,000 milch cows (2 to 6 years);
40,000 heifers;
200 rams;
20,000 sheep;
15,000 Sows.

The animals delivered shall be of average health and condition.

To the extent that animals so delivered cannot be identified as animals
taken away or seized, the value of such animals shall be credited against the
reparation obligations of Germany in accordance with paragraph 5 of this
Annex,
570 INTERNATIONAL RELATIONS

7. Without waiting for the decisions of the Commission referred to in
paragraph 4 of this Annex to be taken, Germany must continue the delivery
to France of the agricultural material referred to in Article III of the renewal
dated January 16, 1919, of the Armistice.

ANNEX V.

1. Germany accords the following options for the delivery of coal and
derivatives of coal to the undermentioned signatories of the present Treaty.

2. Germany undertakes to deliver to France seven million tons of coal per
year for ten years. In addition, Germany undertakes to deliver to France
annually for a period not exceeding ten years an amount of coal equal to
the difference between the annual production before the war of the coal mines
of the Nord and Pas de Calais, destroyed as a result of the war, and the
production of the mines of the same area during the years in question; such
delivery not to exceed twenty million tons in any one year of the first five
years, and eight million tons in any one year of the succeeding five years.

It is understood that due diligence will be exercised in the restoration of
the destroyed mines in the Nord and the Pas de Calais.

3. Germany undertakes to deliver to Belgium eight million tons of coal
annually for ten years.

4. Germany undertakes to deliver to Italy up to the following quantities of
coal:

July 1919 to June 1920 ......... cece eee eee 4% million tons,
— 1920 SS) TO 2T and decnaaenanw wales senate OO) _
— 1921 BS O22 iene nto wenmacgnes 2. 7% —
— 1922 —— 1023 necrwarsacnnzeeeoklens 8 _
— 1923 — 1024 sasasvecssieeeea wees \ Br
and each of the following five years ............... ~a ats

At least two-thirds of the actual deliveries to be land-borne.

5. Germany further undertakes to deliver annually to Luxemburg, if
directed by the Reparation Commission, a quantity of coal equal to the pre-
war annual consumption of German coal in Luxemburg.

6. The prices to be paid for coal delivered under these options shall be as
follows: :

(a) For overland delivery, including delivery by barge, the German pithead
price to German nationals, plus the freight to French, Belgian, Italian or
Luxemburg frontiers, provided that the pithead price does not exceed the
pithead price of British coal for export. In the case of Belgian bunker coal,
the price shall not exceed the Dutch bunker price.

Railroad and barge tariffs shall not be higher than the lowest similar rates
paid in Germany.

(b) For sea delivery, the German export price f. m b. German ports, or the
British export price f. o. b. British ports, whichever may be lower.

~. The Allied and Associated Governments interested may demand the
TREATY OF PEACE 571

delivery, in place of coal, of metallurgical coke in the proportion of 3 tons
of coke to 4 tons of coal.

8. Germany undertakes to deliver to France, and to transport to the French
frontier by rail or by water, the following products, during each of the three
years following the coming into force of this Treaty:

Benzol ............ re a aia atari ieke io aails wns iets seanadaeaia’ 35,000 tons.
Coalstat wie tose tueaatnae da cdenvetice ana wmenraiis 50,000 tons.
Sulphate of ammonia ........... 0c ccc c cece eee ees 30,000 tons.

All or part of the coal tar may, at the option of the French Government, be
replaced by corresponding quantities of products of distillation such as light
oils, heavy oils, anthracene, napthalene or pitch.

9. The price paid for coke and for the articles referred to in the preceding
paragraph shall be the same as the price paid by German nationals under the
same conditions of shipment to the French frontier or to the German ports,
and shall be subject to any advantages which may be accorded similar prod-
ucts furnished to German nationals.

10. The foregoing options shall be exercised through the intervention of
the Reparation Commission, which, subject to the specific provisions hereof,
shall have power to determine all questions relative to procedure and the
qualities and quantities of products, the quantity of coke which may be sub-
stituted for coal, and the times and modes of delivery and payment. In
giving notice to the German Government of the foregoing options the Com-
mission shall give at least 120 days’ notice of deliveries to be made after
January 1, 1920, and at least 30 days’ notice of deliveries to be made between
the coming into force of this Treaty and January 1, 1920. Until Germany has
received the demands referred to in this paragraph, the provisions of the
Protocol of December 25, 1918, (Execution of Article VI of the Armistice
of November 11, 1918) remain in force. The notice to be given to the
German Government of the exercise of the right of substitution accorded by
paragraphs 7 and’8 shall be such as the Reparation Commission may consider
sufficient. If the Commission shall determine that the full exercise of the
foregoing options would interfere unduly with the industrial requirements of
Germany, the Commission is authorised to postpone or to cancel deliveries,
and in so doing to settle all questions of priority; but the coal to replace coal
from destroyed mines shall receive priority over other deliveries.

ANNEX VI.

1. Germany accords to the Reparation Commission an option to require as
part of reparation the delivery by Germany of such quantities and kinds of
dyestuffs and chemical drugs as the Commission may designate, not exceeding
50 per cent. of the total stock of each and every kind of dyestuff and chemical
drug in Germany or under German control at the date of the coming into
force of the present Treaty.

This option shall be exercised within sixty days of the receipt by the
Commission of such particulars as to stocks as may be considered necessary
by the Commission.
572 INTERNATIONAL RELATIONS

2. Germany further accords to the Reparation Commission an option to
require delivery during the period from the date of the coming into force
of the present Treaty until January 1, 1920, and during each period of six
months thereafter until January 1, 1925, of any specified kind of dyestuff
and chemical drug up to an amount not exceeding 25 per cent. of the German
production of such dyestuffs and chemical drugs during the previous six
months period. If in any case the production during such previous six
months was, in the opinion of the Commission, less than normal, the amount
required may be 25 per cent. of the normal production.

Such option shall be exercised within four weeks after the receipt of such
particulars as to production and in such form as may be considered necessary
by the Commission; these particulars shall be furnished by the German
Government immediately after the expiration of each six months period.

3. For dyestuffs and chemical drugs delivered under paragraph 1, the
price shall be fixed by the Commission having regard to pre-war net export
prices and to subsequent increases of cost.

For dyestuffs and chemical drugs delivered under paragraph 2, the price
shall be fixed by the Commission having regard to pre-war net export prices
and subsequent variations of cost, or the lowest net selling price of similar
dyestuffs ‘and chemical drugs to any other purchaser.

4. All details, including mode and times of exercising the options, and
making delivery, and all other questions arising under this arrangement shal!
be determined by the Reparation Commission; the German Government wil!
furnish to the Commission all necessary information and other assistance
which it may require.

5. The above expression “dyestuffs and chemical drugs” includes all
synthetic dyes and drugs and intermediate or other products used in con-
nection with dyeing, so far as they are manufactured for sale. The present
arrangement shall also apply to cinchona bark and salts of quinine.

ANNEX VII.

Germany renounces on her own behalf and on behalf of her nationals in
favour of the Principal Allied and Associated Powers all rights, titles or
privileges of whatever nature in the submarine cables set out below, or in
any portions thereof: A

Emden-Vigo: from the Straits of Dover to off Vigo;
Emden-Brest: from off Cherbourg to Brest;

Emden-Teneriffe: from off Dunkirk to off Teneriffe;
Emden-Azores (1): from the Straits of Dover to Fayal;
Emden-Azores (2): from the Straits of Dover to Fayal;
Azores-New York (1): from Fayal to New York;

Azores-New York (2): from Fayal to the longitude of Halifax,
Teneriffe-Monrovia: from off Teneriffe to off Monrovia;
Monrovia-Lome:
TREATY OF PEACE 573

lat. 2° 30’ N.;
from about.............. ?
pee long. :7° 40’ W. of Greenwich;
lat. :2° 20’ N.;
to about..............00 0s 2
a long. :5° 30’ W. of Greenwich;
and from about........ se { las 2 ee Ne
long. :0° oo’,
to Lome; .

Lome-Duala: from Lome to Duala;

Monrovia-Pernambuco: from off Monrovia to off Pernambuco;

Constantinople-Constanza: from Constantinople to Constanza;

Yap-Shanghai, Yap-Guam, and Yap-Menado (Celebes): from Yap
Island to Shanghai, from Yap Island to Guam Island, and from Yap
Island to Menado.

The value of the above mentioned cables or portions thereof in so far as
they are privately owned, calculated on the basis of the original cost less a
suitable allowance for depreciation, shall be credited to Germany in the
reparation account.

Section II.
SPECIAL PROVISIONS.
ARTICLE 245.

Within six months after the coming into force of the present Treaty the
German Government must restore to the French Government the trophies,
archives, historical souvenirs or works of art carried away from France by
the German authorities in the course of the war of 1870-1871 and during this
last war, in accordance with a list which will be communicated to it by the
French Government; particularly the French flags taken in the course of the
war of 1870-1871 and all the political papers taken by the German authorities
on October 10, 1870, at the Chateau of Cercay, near Brunoy (Seine-et-Oise)
belonging at the time to Mr. Rouher, formerly Minister of State.

ARTICLE 246.

Within six months Fiion the coming into force of the present Treaty,
Germany will restore to His Majesty the King of the Hedjaz the original
Koran of the Caliph Othman, which was removed from Medina by the
Turkish authorities and is stated to have been presented to the ex-Emperor
William II. .

Within the same period Germany will hand over to His Britannic Majesty’s
Government the skull of the Sultan Mkwawa which was removed from the
Protectorate of German East Africa and taken to Germany.

The delivery of the articles above referred to will be effected in such place
and in such conditions as may be laid down by the Governments to which
they are to be restored.
574 INTERNATIONAL RELATIONS

ARTICLE 247.

Germany undertakes to furnish to the University of Louvain, within three
months after a request made by it and transmitted through the intervention
of the Reparation Commission, manuscripts, incunabula, printed books, maps
and objects of collection corresponding in number and value to those
destroyed in the burning by Germany of:the Library of Louvain. All details
regarding such replacement will be determined by the Reparation Commis-
sion.

Germany undertakes to deliver to Belgium, through the Reparation Com-
mission, within six months of the coming into force of the present Treaty,
in order to enable Belgium to reconstitute two great artistic works:

(1) The leaves of the triptych of the Mystic Lamb painted by the Van
Eyck brothers, formerly in the Church of St. Bavon at Ghent, now in the
Berlin Museum; :

(2) The leaves of the triptych of the Last Supper, painted by Dierick
Bouts, formerly in the Church of St. Peter at Louvain, two of which are
now in the Berlin Museum and two in the Old Pinakothek at Munich.

PART IX.
FINANCIAL CLAUSES.
ARTICLE 248.

Subject to such exceptions as the Reparation Commission may approve,
a first charge upon all the assets and revenues of the German Empire and
its constituent States shall be the cost of reparation and all other costs
arising under the present Treaty or any treaties or agreements supplementary
thereto or under arrangements concluded between Germany and the Allied
and Associated Powers during the Armistice or its extensions.

Up to May 1, 1921, the German Government shall not export or dispose
of, and shall forbid the export or disposal of, gold without the previous
approval of the Allied and Associated Powers acting through the Reparation

Commission. .
e

ARTICLE 249.

There shall be paid by the German Government the total cost of all armies
of the Allied and Associated Governments in occupied German territory from
the date of the signature of the Armistice of November 11, 1918, including
the keep of men and beasts, lodging and billeting, pay and allowances, sal-
aries and wages, bedding, heating, lighting, clothing, equipment, harness and
saddlery, armament and rolling-stock, air services, treatment of sick and
wounded, veterinary and remount services, transport service of all sorts
(such as by rail, sea or river, motor lorries), communications and corre-
spondence, and in general the cost of all administrative or technical services
TREATY OF PEACE 575

the working of which is necessary for the training of troops and for keeping
their numbers up to strength and preserving their military efficiency.

The cost of such liabilities under the above heads so far as they relate to
purchases or requisitions by the Allied and Associated Governments in the
occupied territories shall be paid by the German Government to the Allied
and Associated Governments in marks at the current or agreed rate of
exchange. All other of the above costs shall be paid in gold marks.

ARTICLE 250.

Germany confirms the surrender of all material handed over to the Allied
and Associated Powers in accordance with the Armistice of November 11,
1918, and subsequent Armistice Agreements, and recognises the title of the
Allied and Associated Powers to such material.

There shall be credited to the German Government, against the sums due
from it to the Allied.and Associated Powers for reparation, the value, as
assessed by the Reparation Commission, referred to in Article 233, of Part
VIII (Reparation), of the present Treaty, of the material handed over in
accordance with Article VII of the Armistice of November 11, 1918, or
Article III of the Armistice Agreement of January 16, 1919, as well as of
any other material handed over in accordance with the Armistice of Novem-
ber 11, 1918, and of subsequent Armistice Agreements, for which, as having
non-military value, credit should, in the judgment of the Reparation Com-
shall not be credited to the German Government.

Property belonging to the Allied and Associated Governments or their
nationals restored or surrendered under the Armistice Agreements in specie
shall not be credited to the German Governmnt.

ARTICLE 251.

Th priority of the charges established by Article 248 shall, subject to the
qualifications made below, be as follows:

(a) The cost of the armies of occupation as defined under Article 249

during the Armistice and its extensions ;

(b) The cost of any armies of occupation as defined under Article 249
after the coming into force of the present Treaty;

(c) The cost of reparation arising out of the present Treaty or any
treaties or conventions supplementary thereto;

(d) The cost of all other obligations incumbent on Germany under the
Armistice Conventions or under this Treaty or any treaties or con-
ventions supplementary thereto.

The payment for such supplies of food and raw material for Germany
and such other payments as may be judged by the Allied and Associated
Powers to be essential to enable Germany to meet her obligations in respect
of reparation will have priority to the extent and upon the conditions which
have been or may be determined by the Governments of the said Powers.
576 INTERNATIONAL RELATIONS

ARTICLE 252.

The right of each of the Allied and Associated Powers to dispose of enemy
assets and property within its jurisdiction at the date of the coming into
force of the present T'reaty is not affected by the foregoing provisions.

ARTICLE 253.

Nothing in the foregoing provisions shall prejudice in any manner charges
or mortgages lawfully effected in favour of the Allied or Associated Powers
or their nationals respectively, before the date at which a state of war existed
between Germany and the Allied or Associated Power concerned, by the
German Empire or its constituent States, or by German nationals, on assets
in their ownership at that date.

ARTICLE 254.

»

The Powers to which German territory is ceded shall, subject to the quali-
fications made in Article 255, undertake to pay:

(1) A portion of the debt of the German Empire as it stood on August
I, 1914, calculated on the basis of the ratio between the average for
the three financial years I9II, 1912, 1913, of such revenues of the
ceded territory, and the average for the same years of such revenues
of the whole German Empire as in the judgment of the Reparation
Commission are best calculated to fepresent the relative ability of
the respective territories to make payment;

(2) A portion of the debt as it stood on August 1, 1914, of the German
State to which the ceded territory belonged, to be determined in
accordance with the principle stated above.

Such portions shall be determined by the Reparation Commission.

The method of discharging the obligation, both in respect of capital and
of interest, so assumed shall be fixed by the Reparation Commission. Such
method may take the form, inter alia, of the assumption by the Power to
which the territory is ceded of Germany’s liability for the German debt held
by her nationals. But in the event of the method adopted involving any
payments to the German Government, such payments shall be transferred to
the Reparation Commission on account of the sums due for reparation so
long as any balance in respect of such sums remains unpaid.

ARTICLE 255.

(1) As an exception to the above provision and inasmuch as in 1871
Germany refused to undertake any portion of the burden of the French
debt, France shall be, in respect of Alsace-Lorraine, exempt from any pay
ment under Article 254. :

(2) In the case of Poland that portion of the debt which, in the opinion
of the Reparation Commission, is attributable to the measures taken by the
TREATY OF PEACE 577

German and Prussian Governments for the German colonisation of Poland
shall be excluded from the apportionment to be made under Article 254.

(3) In the case of all ceded territories other than Alsace-Lorraine, that
portion of the debt of the German Empire or German States which, in the
opinion of the Reparation Commission, represents expenditure by the Gov-
ernments of the German Empire or States upon the Government properties
referred to in Article 256 shall be excluded from the apportionment to be
made under Article 254.

ARTICLE 256.

Powers to which German territory is ceded shall acquire all property and
possessions situated therein belonging to the German Empire or to the
German States, and the value of such acquisitions shall be fixed by the
Reparation Commission, and paid by the State acquiring the territory to the
Reparation Commission for the credit of the German Government on account
of the sums due for reparation.

For the purposes of this Article the property and possessions of the Ger-
man Empire and States shall be deemed to include all the property of the
Crown, the Empire or the States, and the private property of the former
German Emperor and other Royal personages.

In view of the terms on which Alsace-Lorraine was ceded to Germany in
1871, France shall be exempt in respect thereof from making any payment
or credit under this Article for any property or possessions of the German
Empire or States situated therein.

Belgium also shali be exempt from making any payment or any credit
under this Article for any property or possessions of the German Empire
or States situated in German territory ceded to Belgium under the present
Treaty.

ARTICLE 257.

In the case of the former German territories, including colonies, pro-
tectorates or dependencies, administered by a Mandatory under Article 22
of Part I (League of Nations) of the present Treaty, neither the territory
nor the Mandatory Power shall be charged with any portion of the debt of
the German Empire or States.

All property and possessions belonging to the German Empire or to the
German States situated in such territories shall be transferred with the
territories to the Mandatory Power in its capacity as such and no payment
shall be made nor any credit given to those Governments in consideration
of this transfer.

‘For the purposes of this Article the property and possessions of the Ger-
man Empire and of the German States shall be deemed to include all the
property of the Crown, the Empire or the States and the private property
of the former German Emperor and*other Royal personages.
578 INTERNATIONAL RELATIONS

ARTICLE 258.

Germany renounces all rights accorded to her or her nationals by treaties,
conventions or agreements, of whatsoever kind, to representation upon or
participation in the control or administration of commissions, state banks,
agencies or other financial or economic organisations of an international
character, exercising powers of control or administration, and operating in
any of the Allied or Associated States, or in Austria, Hungary, Bulgaria or
Turkey, or in the dependencies of these States, or in the former Russian
Empire.

ARTICLE 259.

(1) Germany agrees to deliver within one month from the date of the
coming into force of the present Treaty, to such authority as the Principal
Allied and Associated Powers may designate, the sum in gold which was
to be deposited in the Reichsbank in the name of the Council of the Admin-
istration of the Ottoman Public Debt as security for the first issue of Turkish
Government currency notes.

(2) Germany recognises her obligation to make annually for the period
‘of twelve years the payments in gold for which provision is made in the Ger-
man Treasury Bonds deposited by her from time to time in the name
of the Council of the Administration of the Ottoman Public Debt as security
for the second and subsequent issues of Turkish Government currency notes.

(3) Germany undertakes to deliver, within one month from the coming
into force of the present Treaty, to such authority as the Principal Allied and
Associated Powers may designate, the gold deposit constituted in the Reichs-
bank or elsewhere, representing the residue of the advance in gold agreed
to on May 5, 1915, by the Council of the Administration of the Ottoman
Public Debt to the Imperial Ottoman Government.

(4) Germany agrees to transfer to the Principal Allied and Associated
Powers any title that she may have to the sum in gold and silver transmitted
by her to the Turkish Ministry of Finance in November, 1918, in anticipation
of the payment to be made in May, 1919, for the service of the Turkish In-
ternal Loan,

(5) Germany undertakes to transfer to the Principal Allied and Associated
Powers, within a period of one month from the coming into force of the
present Treaty, any sums in gold transferred as pledge or as collateral
security to the German Government or its nationals in connection with loans
made by them to the Austro-Hungarian Government.

(6) Without prejudice to Article 292 of Part X (Economic Clauses) of the
present Treaty, Germany confirms the renunciation provided for in Article
XV of the Armistice of November 11, 1918, of any benefit disclosed by the
Treaties of Bucharest and of Brest-Litovsk and by the treaties supplementary
thereto. o

Germany undertakes to transfer, either to Roumania or to the Principal
Allied and Associated Powers as the case may be, all monetary instruments,

«
TREATY OF PEACE 579

specie, securities and negotiable instruments, or goods, which she has received
under the aforesaid Treaties.

(7) The sums of money and all securities, instruments and goods of what-
soever nature, to be delivered, paid and transferred under the provisions of
this Article, shall be disposed of by the Principal Allied and Associated
Powers in a manner hereafter to be determined by those Powers.

ARTICLE 260.

Without prejudice to the renunciation of any rights by Germany on behalf
of herself or of her nationals in the other provisions of the present Treaty,
the Reparation Commission may within one year from the coming into force
of the present Treaty demand that the German Government become possessed
of any rights and interests of German nationals in any public utility under-
taking or in any concession operating in Russia, China, Turkey, Austria, Hun-
gary and Bulgaria, or in the possessions or dependencies of these States or in
any territory formerly belonging to Gernrany or her allies, to be ceded by
Germany or her allies to any Power or to be administered by a Mandatory
‘under the present Treaty, and may require that the German Government
transfer, within six months of the date of demand, all such rights and in-
terests and any similar rights and interests the German Government may it-
self possess to the Reparation Commission.

Germany shall be responsible for indemnifying her nationals so dispos-
sessed, and the Reparation Commission shall credit Germany, on account of
sums due for reparation, with such sums in respect of the value of the
transferred rights and interests as may be assessed by the Reparation Com-
mission, and the German Government shall, within six months from the
coming into force of the present Treaty, communicate to the Reparation
Commission all such rights and interests, whether already granted, con-
tingent or not yet exercised, and shall renounce on behalf of itself and its
nationals in favour of the Allied and Associated Powers all such rights and
interests which have not been so communicated.

ARTICLE 261.

Germany undertakes to transfer to the Allied and Associated Powers
any claims she may have to payment or repayment by the Governments of
Austria, Hungary, Bulgaria or Turkey, and, in particular, any claims which
may arise, now or hereafter, from the fulfilment of undertakings made by
Germany during the war to those Governments.

ARTICLE 262.

Any monetary obligation due by Germany arising out of the present Treaty
and expressed in terms of gold marks shall be payable at the option of the
creditors in pounds sterling payable in London; gold dollars of the United
States of America payable in New York; gold francs payable in Paris; or
gold lire payable in Rome.
580 INTERNATIONAL RELATIONS

For the purpose of this Article the gold coins mentioned above shall be
defined as being of the weight and fineness of gold as enacted by law on
January I, I9T4. ,

ARTICLE 263.

Germany gives a guarantee to the Brazilian Government that all sums
representing the sale of coffee belonging to the State of Sao Paolo in the
ports of Hamburg, Bremen, Antwerp and Trieste, which were deposited with
the Bank of Bleichréder at Berlin, shall be reimbursed together with interest
at the rate or rates agreed upon. Germany having prevented the transfer °
of the sums in question to the State of Sao Paolo at the proper time,
guarantees also that the reimbursement shall be effected at the rate of
exchange of the day of the deposit.

PART X.
ECONOMIC CLAUSES.

Section I.
COMMERCIAL RELATIONS,
Cuapter I,
CUSTOMS RECULATIONS, DUTIES AND RESTRICTIONS.
ARTICLE 264.

Germany undertakes that goods the produce or manufacture of any one of
the Allied or Associated States imported into German territory, from what-
soever place arriving, shall not be subjected to other or higher duties or
charges (including internal charges) than those to which the like goods the
produce or manufacture of any other such State or of any other foreign
country are’ subject.

Germany will not maintain or impose any prohibition or restriction on
the importation into German territory of any goods the produce or manu-
facture of the territories of any one of the Allied or Associated States,
from whatsoever place arriving, which shall not equally extend to the im-
portation of the like goods the produce or manufacture of any other such State
or of any other foreign country.

ARTICLE 265.

Germany further undertakes that, in the matter of the régime applicable
on importation, no discrimination against the commerce of any of the Allied
and Associated States as compared with any other of the said States or any
TREATY OF PEACE 581

other foreign country shall be made, even by indirect means, such as customs
regulations or procedure, methods of verification or analysis conditions of
payment of duties, tariff classification or interpretation, or the operation of
monopolies.

ARTICLE 266.

In all that concerns exportation Germany undertakes that goods,‘ natural
products or manufactured articles, exported from German territory to the
territories of any one of the Allied or Associated States shall not be sub-
jected to other or higher duties or charges (including internal charges) than
those paid on the like goods exported to any other such State or to any other
foreign country.

Germany will not maintain or impose any prohibition or restriction on the
exportation of any goods sent from her territory to any one of the Allied
or Associated States which shall not equally extend to the exportation of the
like goods, natural products or manufactured articles, sent to any other such
State or to any other foreign country.

ARTICLE 267
Every favour, immunity or privilege in regard to the importation, exporta-
tion or transit of goods granted by Germany to any Allied or Associated
State or to any other foreign country whatever shall simultaneously and
unconditionally, without request and without compensation, be extended to
all the Allied and Associated States.

ARTICLE 268.

The provisions of Articles 264 to 267 inclusive of this Chapter and of
Article 323 of Part XII (Ports, Waterways and Railways) of the present
Treaty are subject to the following exceptions:

(a) For a period of five years from the coming into force of the present
Treaty, natural or manufactured products which both originate in and come
from the territories of Alsace and Lorraine reunited to France shall, on
importation into German customs territory, be exempt from all customs duty.

The French Government shall fix each year, by decree communicated to the
German Government, the nature and amount of the products which shall
enjoy this exemption.

The amount of each product which may be thus sent annually into Ger-
many shall not exceed the average of the amounts sent annually in the
years IQII-1913.

Further, during the period above mentioned the German Government shall
allow the free export from Germany, and the free re-importation into Ger-
many, exempt from all customs duties and other charges (including internal
charges), of yarns, tissues, and other textile materials or textile products of
any kind and in any condition, sent from Germany into the territories of
Alsace or Lorraine, to be subjected there to any finishing process, such as
bleaching, dyeing, printing, mercerisation, gassing, twisting or dressing.
582 INTERNATIONAL RELATIONS

(b) During a period of three years from the coming into force of the
present Treaty natural or manufactured products which both originate in
and come from Polish territories which before the war were part of Germany|
shall, on importation into German customs territory, be exempt from all
customs duty.

The Polish Government shall fix each year, by decree communicated to the
German Government, the nature and amount of the products which shall
enjoy this exemption.

The amount of each product which may be thus sent annually into Ger-
many shall not exceed the average of the amounts sent annually in the
years IQII-I9I3.

(c) The Allied and Associated Powers reserve the right to require
Germany to accord freedom from customs duty, on importation into German
customs territory, to natural products and manufactured articles which both
originate in and come from the Grand Duchy of Luxemburg, for a period of
five years from the coming into force of the present Treaty.

The nature and amount of the products which shall enjoy the benefits of
this régime shall be communicated each year to the German Government.

The amount of each product which may be thus sent annually into Germany
shall not exceed the average of the amounts sent annually in the years 1911-
1913.

ARTICLE 269.

During the first six months after the coming into force of the present
Treaty, the duties imposed by Germany on imports from Allied and Associated
States shall not be higher than the most favourable duties which were applied
to imports into Germany on July 31, 1914.

During a further period of thirty months after the expiration of the first
six months, this provision shall continue to be applied exclusively with
regard to products which, being comprised in Section A of the First Category
of the German Customs Tariff of December 25, 1902, enjoyed at the above-
mentioned date (July 31, 1914) rates conventionalised by treaties with the
Allied and Associated Powers, with the addition of all kinds of wine and
vegetable oils, of artificial silk and of washed or scoured wool, whether or
not they were the subject of special conventions before July 31, 1914.

ARTICLE 270.

The Allied and Associated Powers reserve the right to apply to German
territory occupied by their troops a special customs régime as regards imports
and exports, in the event of such a measure being necessary in their opinion
in order to safeguard the economic interests of the population of these
territories.
TREATY OF PEACE 583

CuHapter II.
SHIPPING.
ARTICLE 271.

As regards sea fishing, maritime coasting trade, and maritime towage,
vessels of the Allied and Associated Powers shall enjoy, in German territorial
waters, the treatment accorded to vessels of the most favoured nation.

ARTICLE 272.

Germany agrees that, notwithstanding any stipulation to the contrary con-
tained in the Conventions relating to the North Sea fisheries and liquor
traffic, all rights of inspection and police shall, in the case of fishing-boats
of the Allied Powers, be exercised solely by ships belonging to those Powers.

ARTICLE 273.

In the case of vessels of the Allied or Associated Powers, all classes of
certificates or documents to the vessel, which were recognised as valid
by Germany before the war, or which may hereafter be recognised as valid by
the principal maritime States, shall be recognised by Germany as valid and
as equivalent to the corresponding certificates issued to German vessels.

A similar recognition shall be accorded to the ceertificates and documents
issued to their vessels by the Governments of new States, whether they have
a sea-coast or not, provided that such certificates and documents shall be
issued in conformity with the general practice observed in the principal
maritime States.

The High Contracting Parties agree to recognise the flag flown by the
vessels of an Allied or Associated Power having no sea-coast which are
registered at some one specified place situated in its territory; such place
shall serve as the port of registry of such vessels.

a

Cuapter IIT.
UNFAIR COMPETITION.
ARTICLE 274.

Gernrany undertakes to adopt all the necessary legislative and administra-
tive measures to protect goods the produce or manufacture of any one of the
Allied and Associated Powers from all forms of unfair competition in com-
mercial transactions.

Germany undertakes to prohibit and repress by seizure and by other
appropriate remedies the importation, exportation, manufacture, distribution,
sale or offering for sale in its territory of all goods bearing upon themselves
or their usual get-up or wrappings any marks, names, devices, or description
584 INTERNATIONAL RELATIONS

whatsoever which are calculated to convey directly or indirectly a false indica-
tion of the origin, type, nature, or special characteristics of such goods.

ARTICLE 275.

Germany undertakes on condition that reciprocity is accorded in these
matters to respect any law, or any administrative or judicial decision given
in conformity with such law, in force in any Allied or Associated State and
duly communicated to her by the proper authorities, defining or regulating
the right to any regional appellation in respect of wine or spirits produced
in the State to which the region belongs, or the conditions under which the
use of any such appellation may be permitted; and the importation, exporta-
tion, manufacture, distribution, sale or offering for sale of products or articles
bearing regional appellations inconsistent with such law or order shall be
prohibited by the German Government and repressed by the measures pre-
scribed in the preceding Article.

Cuapter IV.
TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.

ARTICLE 276.

Germany undertakes:

(a) Not to subject the nationals of the Allied and Associated Powers to
any prohibition in regard to the exercise of occupations, professions, trade
and industry, which shall not be equally applicable to all aliens without
exception;

(b) Not to subject the nationals of the Allied and Associated Powers in
regard to the rights referred to in paragraph (a) to any regulation or
restriction which might contravene directly or indirectly the stipulations of
the. said paragraph, or which shall be other or more disadvantageous than
those which are applicable to nationals of the most favoured nation;

(c) Not to subject the nationals of: the Allied and Associated Powers,
their property, rights or interests, including companies and associations in
which they are interested, to any charge, tax or impost, direct or indirect,
other or higher than those which are or may be imposed on her own nationals
or their property, rights or interests;

(d) Not to subject the nationals of any one of the Allied and Associated
Powers to any restriction which was not applicable on July 1, 1914, to the
nationals of such Powers unless such restriction is likewise imposed on her
own nationals.

ARTICLE 277.

The nationals of the Allied and Associated Powers shall enjoy in German
territory a constant protection for their persons and for their property, rights
and interests, and shall have free access to the courts of law.
TREATY OF PEACE 585

ARTICLE 278.

Germany undertakes to recognise any new nationality which has been or
may be acquired by her nationals under the laws of the Allied and Associated
Powers and in accordance with the decisions of the competent authorities of
these Powers pursuant to naturalisation laws or under treaty stipulations,
and to regard such persons as having, in consequence of the acquisition of
such new nationality, in all respects severed their allegiance to their country
of origin.

ARTICLE 279.

The Allied and Associated Powers may appoint consuls-general, consuls,
vice-consuls, and consular agents in German towns and ports. Germany
undertakes to approve the designation of the consuls-general, consuls, vice-
consuls, and consular agents, whose names shall be notified to her, and to
admit them to the exercise of their functions in conformity with the usual
rules and customs,

CHAPTER V.
GENERAL ARTICLES.

ARTICLE 280.

The obligations imposed on Germany by Chapter I and by Articles 271
and 272 of Chapter II above shall cease to have effect five years from the
date of the coming into force of the present Treaty, unless otherwise pro-
vided in the text or unless the Council of the League of Nations shall, at
least twelve months before the expiration of that period, decide that these
obligations shall be maintained for a further period with or without amend-
ment,

Article 276 of Chapter IV shall remain in operation, with or without
amendment, after the period of five years for such further period, if any,
not exceeding five years, as may be determined by a majority of the Council
of the League of Nations.

ARTICLE 281.

If the German Government engages in international trade, it shall not in
respect thereof have or be deemed to have any rights, privileges or immu-
nities of sovereignty.

Secrion II.
TREATIES.

ARTICLE 282.
From the coming into force of the present Treaty and subject to the
provisions thereof the multilateral treaties, conventions and agreements of
an economic or technical character enumerated below and in the subsequent
586 INTERNATIONAL RELATIONS

Articles shall alone be applied as between Germany and those of the Allied
and Associated Powers party thereto:

(1) Conventions of March 14, 1884, December 1, 1886, and March 23, 1887,
and Final Protocol of July 7, 1887, regarding the protection of submarine
cables.

(2) Convention of October 11, 1909, regarding the international circula-
tion of motor-cars.

(3) Agreement of May 15, 1886, regarding the sealing of railway trucks
subject to customs inspection, and Protocol of May 18, 1907.

(4) Agreement of May 15, 1886, regarding the technical standardisation
of railways.

(5) Convention of July 5, 1800, regarding the publication of customs
tariffs and the organisation of an International Union for the publication
of customs tariffs.

(6) Convention of December 31, 1913, regarding the unification of com-
mercial statistics.

(7) Convention of April 25, 1917, regarding the raising of the Turkish
customs tariff.

(8) Convention of March 14, 1857, for the medegtion of toll dues on the
Sound and Belts.

(9) Convention of June 22, 1861, for the cetenniien of the Stade Toll
on the Elbe.

(10) Convention of July 16, 1863, for the redemption of the toll dues on
the Scheldt.

(11) Convention of October 29, 1888, regarding the establishment of a
definite arrangement guaranteeing the free use of the Suez Canal.

(12) Conventions of September 23, 1910, respecting the unification of
certain regulations regarding collisions and salvage at sea.

(13) Convention of December 21, 1904, regarding the exemption of hos-
pital ships from dues and charges in ports.

(14) Convention of February 4, 1808, regarding the tonnage measurement
of vessels for inland navigation.

(15) Convention of September 26, 1906, for the suppression of nightwork
for women, .

(16) Convention of September 26, 1906, for the suppression of the use of
white phosphorus in the manufacture of matches.

(17) Conventions of May 18, 1904, and May 4, 1910, regarding the sup-
pression of the White Slave Traffic.

(18) Convention of May 4, 1910, regarding the suppression of obscene
publications.

(19) Sanitary Conventions of January 30, 1892, April 15, 1893, April 3,
1894, March 19, 1897, and December 3, 1903.

(20) Convention of May 20, 1875, regarding the unification and improve-
ment of the metric system.

(21) Convention of November 29, 1906, regarding the unification of phar-
macopeeial formule for potent drugs.
TREATY OF PEACE 587

(22) Convention of November 16 and 19, 1885, regarding the establish-
ment of a concert pitch.

(23) Convention of June 7, 1905, regarding the creation of an International
Agricultural Institute at Rome.

(24) Conventions of November 3, 1881, and April 15, 1880, regarding
precautionary measures against phylloxera. :

(25) Convention of March 19, 1902, regarding the protection of birds use-
ful to agriculture.

(26) Convention of June 12, 1902, as to the protection of minors.

ARTICLE 283.

From the coming into force of the present Treaty the High Contracting
Parties shall apply the conventions and agreements hereinafter mentioned,
in so far as concerns them, on condition that the special stipulations con-
tained in this Article are fulfilled by Germany.

Postal Conventions:
Conventions and agreements of the Universal Postal Union concluded at
Vienna, July 4, 1891.
Conventions and agreements of the Postal Union signed at Washington,
June 15, 1897.
Conventions and agreements of the Postal Union signed at Rome, May

26, 1906.

Telegraphic Conventions:

International Telegraphic Conventions signed at St. Petersburg, July 10/22,
1875.

Regulations and Tariffs drawn up by the International Telegraphic Con-
ference, Lisbon, June 11, 1908.

Germany undertakes not to refuse her assent to the conclusion by the new
States of the special arrangements referred to in the conventions and agree-
ments relating to the Universal Postal Union and to the International ‘Tele-
graphic Union, to which the said new States have adhered or may adhere.

ARTICLE 284.

From the coming into force of the present Treaty the High Contracting
Parties shall apply, in so far as concerns them, the International Radio-
Telegraphic Convention of July 5, 1912, on condition that Germany fulfils the
provisional regulations which will be indicated to her by the Allied and
Associated Powers.

If within five years after the coming into force of the present Treaty a
new convention regulating international radio-telegraphic communications
should have been concluded to take the place of the Convention of July 5,
1912, this new convention shall bind Germany, even if Germany should refuse
either to take part in drawing up the convention, or to subscribe thereto.
588 INTERNATIONAL RELATIONS

This new convention will likewise replace the provisional regulations in
force.

ARTICLE 285.

From the coming into force of the present Treaty, the High Contracting
Parties shall apply in so far as concerns them and under the conditions
stipulated in Article 272, the conventions hereinafter mentioned :

(1) The Conventions of May 6, 1882, and February 1, 1889, regulating
the fisheries in the North Sea outside territorial waters.

(2) The Conventions and Protocols of November 16, 1887, February 14,
1893, and April 11, 1894, regarding the North Sea liquor traffic.

ArTICLE 286,

The International Convention of Paris of March 20, 1883, for the protec-
tion of industrial property, revised at Washington on June 2, 1911; and the
International Convention of Berne of September 9, 1886, for the protection
of literary and artistic works, revised at Berlin on November 13, 1908, and
completed by the additional Protocol signed at Berne on March 20, 1914,
will again come into effect as from the coming into force of the present
Treaty, in so far as they are not affected or modified by the exceptions and
restrictions resulting therefrom.

ARTICLE 287.

From the coming into force of the present Treaty the High Contracting
Parties shall apply, in so far as concerns them, the Convention of the Hague
of July 17, 1905, relating to civil procedure. This renewal, however, will not
apply to France, Portugal and Roumania.

ARTICLE 288.

\
The special rights and privileges granted to Germany by Article 3 of the
Convention of December 2, 1899, relating to Samoa shall be considered to
have terminated on August 4, 1914. |

ARTICLE 289.

Each of the Allied or Associated Powers, being guided by the general prin-
ciples or special provisions of the present Treaty, shall notify to Germany
the bilateral treaties or conventions which such Allied or Associated Power
wishes to revive with Germany.

The notification referred to in the present Article shall be made either
directly or through the intermediary of another Power. Receipt thereof shall
be acknowledged in writing by Germany. The date of the revival shall be
that of the notification.

The Allied and Associated Powers undertake among themselves not to
TREATY OF PEACE 580
e
revive with Germany any conventions or treaties which are not in accordance
with the terms of the present Treaty,

The notification shall mention any provisions of the said conventions and
treaties which, not being in accordance with the terms of the present Treaty,
shall not be considered as revived.

In case of any difference of opinion, the League of Nations will be called
on to decide.

A period of six months from the coming into force of the present
Treaty is allowed to the Allied and Associated Powers within which to make
the notification.

Only those bilateral treaties and conventions which have been the subject
of such a notification shall be revived between the Allied and Associated
Powers and Germany; all the others are and shall remain abrogated.

The above regulations apply to all bilateral treaties or conventions existing
between all the Allied and Associated Powers signatories to the present
Treaty and Germany, even if the said Allied and Associated Powers have not
been in a state of war with Germany.

ARTICLE 290.

Germany recognizes that all the treaties, conventions or agreements which
she has concluded with Austria, Hungary, Bulgaria or Turkey since August I,
1914, until the coming into force of the present Treaty are and remain
abrogated by the present Treaty.

ARTICLE 291.

Germany undertakes to secure to the Allied and Associated Powers, and
to the officials and nationals of the said Powers, the enjoyment of all’ the
rights and advantages of any kind which she may have granted to Austria,
Hungary, Bulgaria or Turkey, or to the officials and nationals of these States
by treaties, conventions or arrangements concluded before August 1, 1914, so
long as those treaties, conventions or arrangements remain in force.

The Allied and Associated Powers reserve the right to accept or not the
enjoyment of these rights and advantages.

ARTICLE 292.

Germany recognizes that all treaties, conventions or arrangements which
she concluded with Russia, or with any State or Government of which the
territory previously formed a part of Russia, or with Roumania, before
August 1, 1914, or after that date until coming into force of the present
Treaty, are and remain abrogated.

ARTICLE 293.
Should an Allied or Associated Power, Russia, or a State or Government
of which the territory formerly constituted a part of Russia, have been
forced since August I, 1914, by reason of military occupation or by any other
590 INTERNATIONAL RELATIONS

s
means or for any other cause, to grant or to allow to be granted by the act
of any public authority, concessions, privileges and favours of any kind to
Germany or to a German national, such concessions, privileges and favours
are ipso facto annulled by the present Treaty.

No claims or indemnities which may result from this annulment shall be
charged against the Allied or Associated Powers or the Powers, States,
Governments or public authorities which are released from their engagements
by the present Article.

ARTICLE 204.

From the coming into force of the present Treaty Germany undertakes to
give the Allied and Associated Powers and their nationals the benefit ipso
facto of the rights and advantages of any kind which she has granted by
treaties, conventions, or arrangements to nonbelligerent States or their
nationals since August I, 1914, until the coming into force of the present
Treaty, so long as those treaties, conventions or arrangements remain in
force.

ARTICLE 295.

Those of the High Contracting Parties who have not yet signed, or who
have signed but not yet ratified, the Opium Convention signed at The Hague
on January 23, 1912, agree to bring the said Convention into force, and for
this purpose to enact the necessary legislation without delay and in any case
within a period of twelve months from the coming into force of the present
Treaty. :

Furthermore, they agree that ratification of the present Treaty should in
the case of Powers which have not yet ratified the Opium Convention be
deemed in all respects equivalent to the ratification of that Convention and
to the signature of the Special Protocol which was opened at The Hague in
accordance with the resolutions adopted by the Third Opium Conference in
1914 for bringing the said Convention into force.

For this purpose the Government of the French Republic will communicate
to the Government of the Netherlands a certified copy of the protocol of the
deposit of ratifications of the present Treaty, and will invite the Government
of the Netherlands to accept and deposit the said certified copy as if it were
a deposit of ratifications of the Opium Convention and a signature of the
Additional Protocol of 1914.

Section IIT,
DEBTS.
ARTICLE 296.

There shall be settled through the intervention of clearing offices to be
established by each of the High Contracting Parties within three months of
the notification referred to in paragraph (e¢) hereafter the following classes
of pecuniary obligations:
TREATY OF PEACE 591

(1) Debts payable before the war and due by a national of one of the
Contracting Powers, residing within its territory, to a national of an Opposing
Power, residing within its territory;

(2) Debts which became payable during the war to nationals of one Con-
tracting Power residing within its territory and arose out of transactions or
contracts with the nationals of an Opposing Power, resident within its terri-
tory, of which the total or partial execution was suspended on account of the
declaration of war;

(3) Interest which has accrued due before and during the war to a
national of one of the Contracting Powers in respect of securities issued by
an Opposing Power, provided that the payment of interest on such securities
to the nationals of that Power or to neutrals has not been suspended during
the war;

(4) Capital sums which have become payable before and during the war
to nationals of one of the Contracting Powers in respect of securities issued
by one of the Opposing Powers, provided that the payment of such capital
sums to nationals of that Power or to neutrals has not been suspended during
the war.

The proceeds of liquidation of enemy property, rights and interests men-
tioned in Section IV and in the Annex thereto will be accounted for through
the Clearing Offices, in the currency and at the rate of exchange hereinafter
provided in paragraph (d) and disposed of by them under the conditions pro-
vided by the said Section and Annex.

The settlements provided for in this Article shall be effected according to
the following principles and in accordance with the Annex to this Section:

(a) Each of the High Contracting Parties shall prohibit, as from the
coming into force of the present Treaty, both the payment and the acceptance
of payment of such debts, and also all communications between the interested
parties with regard to the settlement of the said debts otherwise than through
the Clearing Offices ;

(b) Each of the High Contracting Parties shall be respectively responsible
for the payment of such debts due by its nationals, except in the cases where
before the war the debtor was in a state of bankruptcy or failure, or had
given formal indication of insolvency or where the debt was due by a com-
pany whose business has been liquidated under emergency legislation during
the war. Nevertheless, debts due by the inhabitants of territory invaded or
occupied by the enemy before the Armistice will not be guaranteed by the
States of which those territories form part;

(c) The sums due to the nationals of one of the High Contracting Parties
by the nationals of an Opposing State will be debited to the Clearing Office
of the country of the debtor, and paid to the creditor by the Clearing Office
of the country of the creditor;

(d) Debts shall be paid or credited in the currency of such one of the
Allied and Associated Powers, their colonies or protectorates, or the British
Dominions or India, as may be concerned. If the debts are payable in some
592 INTERNATIONAL RELATIONS

other currency they shall be paid or credited in the currency of the country
concerned, whether an Allied or Associated Power, Colony, Protectorate,
British Dominion or India, at the pre-war rate of exchange.

For the purpose of this provision the pre-war rate of exchange shall be
defined as the average cable transfer rate prevailing in the Allied or Asso-
ciated country concerned during the month immediately preceding the out-
break of war between the said country concerned and Germany.

If a contract provides for a fixed rate of exchange governing the conver-
sion of the currency in which the debt is stated into the currency of the Allied
or Associated country concerned, then the above provisions concerning the
rate of exchange shall not apply.

In the case of new States the currency in which and the rate of exchange
at which debts shall be paid or credited shall be determined by the Reparation
Commission provided for in Part VIII (Reparation) ;

(e) The provisions of this Article and of the Annex hereto shall not apply
as between Germany on the one hand and any one of the Allied and Asso-
ciated Powers, their colonies or protectorates, or any one of the British
Dominions or India on the other hand, unless within a period of one month
from the deposit of the ratification of the present Treaty by the Power in
question, or of the ratification on behalf of such Dominion or of India, notice
to that effect is given to Germany by the Government of such Allied or
Associated Power or of such Dominion or of India as the case may be;

(f) The Allied and Associated Powers who have adopted this Article and
the Annex hereto may agree between themselves to apply them to their respec-
tive nationals established in their territory so far as regards matters between
their nationals and German nationals. In this case the payments made by
application of this provision will be subject to arrangements between the °
Allied and Associated Clearing Offices concerned.

ANNEX.

1. Each of the High Contracting Parties will, within three months from
the notification provided for in Article 296, paragraph (e), establish a Clear-
ing Office for the collection and payment of enemy debts.

Local Clearing Offices may be established for any particular portion of
the territories of the High Contracting Parties. Such local Clearing Offices
may perform all the functions of a central Clearing Office in their respective
districts, except that all transactions with the Clearing Office in the Op-
posing State must be effected through the central Clearing Office.

2. In this Annex the pecuniary obligations referred to in the first para-
graph of Article 296 are described “as enemy debts”, the persons from whom
the same are due as “enemy debtors”, the persons to whom they are due as
“enemy creditors”, the Clearing Office in the country of the creditor is
called the “Creditor Clearing Office”, and the Clearing Office in the country
of the debtor is called the “Debtor Clearing Office.”

3. The High Contracting Parties will subject contraventions of paragraph
TREATY OF PEACE 593

(a) of Article 296 to the same penalties as are at present provided by their
legislation for trading with the enemy. They will similarly prohibit within
their territory all legal process relating to payment of enemy debts, except
in accordance with the provisions of this Annex.

4. The Government guarantee specified in paragraph (b) of Article 206
shall take effect whenever, for any reason, a debt shall not be recoverable,
except in a case where at the date of the outbreak of the war the debt was
barred by the laws of prescription in force in the country of the debtor,
or where the debtor was at that time in a state of bankruptcy or failure or
had given formal indication of insolvency, or where the debt was due by a
company whose business has been liquidated under emergency legislation
during the war. In such case the procedure specified by this Annex shall
apply to payment of the dividends.

The terms “bankruptcy” and “failure” refer to the application of legisla-
tion providing for such juridical conditions. The expression “formal indica-
tion of insolvency” bears the same meaning as it has in English law.

5. Creditors shall give notice to the Creditor Clearing Office within six
months of its establishment of debts due to them, and shall furnish the
Clearing Office with any documents and information required of them.

The High Contracting Parties will take all suitable measures to trace
and punish collusion between enemy creditors and debtors. The Clearing
Offices will communicate to one another any evidence and information
which might help the discovery and punishment of such collusion.

The High Contracting Parties will facilitate as much as possible postal
and telegraphic communication at the expense of the parties concerned and
through the intervention of the Clearing Offices between debtors and
creditors desirous of coming to an agreement as to the amount of their
debt.

The Creditor Clearing Office will notify the Debtor Clearing Office of
all debts declared to it. The Debtor Clearing Office will, in due course,
inform the Creditor Clearing Office which debts are admitted and which
debts are contested. In the latter case, the Debtor Clearing Office will
give the grounds for the non-admission of debt.

6. When a debt has been admitted, in whole or in part, the Debtor Clearing
Office will at once credit the Creditor Clearing Office with the amount
admitted, and at the same time notify it of such credit.

7. The debt shall be deemed to be admitted in full and shall be credited
forthwith to the Creditor Clearing Office unless within three months from
the receipt of the notification or such longer time as may be agreed to by
the Creditor Clearing Office notice has been given by the Debtor Clearing
Office that it is not admitted.

8 When the whole or part of a debt is not admitted the two Clearing
Offices will examine into the matter jointly and will endeavour to bring the
parties to an agreement.

g. The Creditor Clearing Office will pay to the individual creditor the
504 INTERNATIONAL RELATIONS

sums credited to it out of the funds placed at its disposal by the Govern-
ment of its country and in accordance with the conditions fixed by the said
Government, retaining any sums considered necessary to cover risks, ex-
penses or commissions.

ro. Any person having claimed payment of an enemy debt which is not
admitted in whole or in part shall pay to the clearing office, by way of fine,
interest at 5 per cent. on the part not admitted. Any person having unduly
refused to admit the whole or part of a debt claimed from him shall pay,
by way of fine, interest at 5 per cent. on the amount with regard to which
his refusal shall be disallowed.

Such interest shall run from the date of expiration of the period pro-
vided for in paragraph 7 until the date on which the claim shall have been
disallowed or the debt paid.

Each Clearing Office shall in so far as it is concerned take steps to collect
the fines above provided for, and will be responsible if such fines cannot be
collected.

The fines will be credited to the other Clearing Office, which shall retain
them as a contribution towards the cost of carrying out the present pro-
visions.

11. The balance between the Clearing Offices shall be struck monthly and
the credit balance paid in cash by the debtor State within a week.

Nevertheless, any credit balances which may be due by one or more of
the Allied and Associated Powers shall be retained until complete payment
shall have been effected of the sums due to the Allied or Associated Powers
or their nationals on account of the war. -

12. To facilitate discussion between the Clearing Offices each of them
shall have a representative at the place where the other is established.

13. Except for special reasons all discussions in regard to claims will, so
far as possible, take place at the Debtor Clearing Office.

14. In conformity with Article 296, paragraph (b), the High Contracting
Parties are responsible for the payment of the enemy debts owing by their
nationals.

The Debtor Clearing Office will therefore credit the Creditor Clearing
Office with all debts admitted, even in case of inability to collect them from
the individual debtor. The Governments concerned will, nevertheless, invest
their respective Clearing Offices with all necessary powers for the recovery
of debts which have been admitted.

As an exception, the admitted debts owing by persons having suffered
injury from acts of war shall only be credited to the Creditor Clearing
Office when the compensation due to the person concerned in respect of
such injury shall have been paid.

15. Each Government will defray the expenses of the Clearing Office set
up in its territory, including the salaries of the staff.

16. Where the two Clearing Offices are unable to agree whether a debt
claimed is due, or in case of a difference between an enemy debtor and an
TREATY OF PEACE 595

enemy creditor or between the Clearing Offices, the dispute shall either be
referred to arbitration if the parties so agree under conditions fixed by agree-
ment between them, or referred to the Mixed Arbitral Tribunal provided
for in Section VI hereafter.

At the request of the Creditor Clearing Office the dispute may, however,
be submitted to the jurisdiction of the Courts of the place of domicile of the
debtor.

17. Recovery of sums found by the Mixed Arbitral Tribunal the Court, or
the Arbitration Tribunal to be due shall be effected through the Clearing
Offices as if these sums were debts admitted by the Debtor Clearing Office.

18. Each of the Governments concerned shall appoint an agent who will
be responsible for the presentation to the Mixed Arbitral Tribunal of the
cases conducted on behalf of its Clearing Office. This agent will exercise
a general control over the representatives or counsel employed by its
nationals.

Decisions will be arrived at on documentary evidence, but it will be open
to the Tribunal to hear the parties in person, or according to their preference
by their representatives approved by the two Governments, or by the agent
referred to above, who shall be competent to intervene along with the
party or to re-open and maintain a claim abandoned by the same.

1g. The Clearing Offices concerned will lay before the Mixed Arbitral
Tribunal all the information and documents in their possession, so as to
enable the Tribunal to decide rapidly on the cases which are brought
before it.

20. Where one of the parties concerned appeals against the joint decision
of the two Clearing Offices he shall make a deposit against the costs, which
deposit shall only be refunded when the first judgment is modified in favour
of the appellant and in proportion to the success he may attain, his opponent
in case of such a refund being required to pay an equivalent proportion of
the costs and expenses. Security accepted by the Tribunal may be substi-
tuted for a deposit.

A fee of 5 per cent. of the amount in dispute shall be charged in respect
of all cases brought before the Tribunal. This fee shall, unless the Tribunal
directs otherwise, be borne by the unsuccessful party. Such fee shall be
added to the deposit referred to. It is also independent of the security.

The Tribunal may award to one of the parties a sum in respect of the
expenses of the proceedings.

Any sum payable under this paragraph shall be credited to the Clearing
Office of the successful party as a separate item.

21. With a view to the rapid settlement of claims, due regard shall be paid
in the appointment of all persons connected with the Clearing Offices or with
the Mixed Arbitral Tribunal to their knowledge of the language of the
other country concerned.

Each of the Clearing Offices will be at liberty to correspond with the other
and to forward documents in its own language.
596 INTERNATIONAL RELATIONS

22. Subject to any special agreement to the contrary between the Govern-
ments concerned, debts shall carry interest in accordance with the following
provisions :

Interest shall not be payable on sums of money due by way of dividend,
interest or other periodical payments which themselves represent interest on
capital.

The rate of interest shall be 5 per cent. per annum except in cases where,
by contract, law or custom, the creditor is entitled to payment of interest at
a different rate. In such cases the rate to which he is entitled shall prevail.

Interest shall run from the date of commencement of hostilities (or, if the
sum of money to be recovered fell due during the war, from the date at which
it fell due) until the sum is credited to the Clearing Office of the creditor.

Sums due by way of interest shall be treated as debts admitted by the
Clearing Offices and shall be credited to the Creditor Clearing Office in the
same way as such debts.

23. Where by decision of the Clearing Offices or the Mixed Arbitral Tribunal
a claim is held not to fall within Article 296, the creditor shall be at liberty to
prosecute the claint before the Courts or to take such other proceedings as
may be open to him.

The presentation of a claim to the Clearing Office suspends the operation
of any period of prescription.

24. The High Contracting Parties agree to regard the decisions of the Mixed
Arbitral Tribunal as final and couclusive and to render them binding upon
their nationals.

25 In any case where a Creditor Clearing Office declines to notify a claim to
the Debtor Clearing Office, or to take any step provided for in this Annex,
intended to make effective in whole or in part a request of which it has
received due notice, the enemy creditor shall be entitled to receive from the
Clearing Office a certificate setting out the amount of the claim, and shall
then be entitled to prosecute the claim before the courts or to take such other
proceedings as may be open to him.

Section IV.
PROPERTY, RIGHTS AND INTERESTS.
ARTICLE 297.

The question of private property, rights and interests in an enemy country
shall be settled according to the principles laid down in this Section and to
the provisions of the Annex hereto.

(a) The exceptional war measures and measures of transfer (defined in
paragraph 3 of the Annex hereto) taken by Germany with respect to the
property, rights and interests of nationals of Allied or A’ssociated Powers,
including companies and associations in which they are interested, when
liquidation has not been completed, shall be immediately discontinued or
TREATY OF PEACE 597

stayed and the property, rights and interests concerned restored to their
owners, who shall enjoy full rights therein in accordance with the provisions
of Article 298.

(b) Subject to any contrary stipulations which may be provided for in the
present Treaty, the Allied and Associated Powers reserve the right to retain
and liquidate all property, rights and interests belonging at the date of the
coming into force of the present Treaty to German nationals, or companies
controlled by ‘them, within their territories, colonies, possessions and
protectorates, including territories ceded to them by the present Treaty.

The liquidation shall be carried out in accordance with the laws of the
Allied or Associated State concerned, and the German owner shall not be
able to dispose of such property, rights or interests nor to subject them to
any charge without the consent of that State.

German nationals who acquire ipso facto the nationality of an Allied or
Associated Power in accordance with the provisions of the present Treaty
will not be considered as German nationals within the meaning of this para-
graph.

(c) The price or the amount of compensation in respect of the exercise of
the right referred to in the preceding paragraph (0) will be fixed in accord-
ance with the methods of sale or valuation adopted by the laws of the
country in which the property has been retained or liquidated,

(d) As between the Allied and Associated Powers or their nationals on the
one hand and Germany or her nationals on the other hand, all the excep-
tional war measures, or measures of transfer, or acts done or to be done in
execution of such measures as defined in paragraphs 1 and 3 of the Annex
hereto shall be considered as final and binding upon all persons except as
regards the reservations laid down in the present Treaty.

(e) The nationals of Allied and Associated Powers shall be entitled to
compensation in respect of damage or injury inflicted upon their property,
‘rights or interests, including any company or association in which they are
interested, in German territory as it existed on August I, 1914, by the
application either of the exceptional war measures or measures of transfer
mentioned in paragraphs 1 and 3 of the Annex hereto. The claims made
in this respect by such nationals shall be investigated, and the total of the
compensation shall be determined by the Mixed Arbitral Tribunal provided
for in Section VI or by an Arbitrator appointed by that Tribunal. This
compensation shail be borne by Germany, and may be charged upon the
property of German nationals within the territory or under the control of the
claimant’s State. This property may be constituted as a pledge for enemy
liabilities under the conditions fixed by paragraph 4.of the Annex hereto.
The payment of this compensation may be made by the Allied or Associated
State, and the amount will be debited to Germany. ;

(f) Whenever a national of an Allied or Associated Power is entitled to
property which has been subjected to a measure of transfer in German
territory and expresses a desire for its restitution, his claim for compensa-
tion in accordance with paragraph (e) shall be satisfied by the restitution
of the said property if it still exists in specie.
598 INTERNATIONAL RELATIONS

In such case Germany shall take all necessary steps to restore the evicted
owner to the possession of his property, free from all encumbrances or
burdens with which it may have been charged after the liquidation, and to
indemnify all third parties injured by the restitution.

If the restitution provided for in this paragraph cannot be effected, private
agreements arranged by the intermediation of the Powers concerned or the
Clearing Offices provided for in the Annex to Section III may be made, in
order to secure that the national of the Allied or Associated Power may
sectire compensation for the injury referred to in paragraph (e) by the grant
of advantages or equivalents which he agrees to accept in place of the
property, rights or interests of which he was deprived.

Through restitution in accordance with this Article, the price or the amount
of compensation fixed by the application of paragraph (e) will be reduced
by the actual value of the property restored, account being taken of com-
pensation in respect of loss of use or deterioration.

(g) The rights conferred by paragraph (f) are reserved to owners who
are nationals of Allied or Associated Powers within whose territory legis-
lative measures prescribing the general liquidation of enemy property, rights
or interests were not applied before the signature of the Armistice.

(h) Except in cases where, by application of paragraph (f), restitutions
in specie have been made, the net proceeds of sales of enemy property, rights
or interests wherever situated carried out either by virtue of war legislation,
or by application of this Article, and. in general all cash assets of enemies,
shall be dealt with as follows:

(1) As regards Powers adopting Section III and the Annex thereto, the
said proceeds and cash assets shall be credited to the Power of which the
owner is a national, through the Clearing Office established thereunder; any
credit balance in favour of Germany resulting therefrom shall be dealt with
as provided in Article 243.

(2) As regards Powers not adopting Section III and the Annex thereto,
the proceeds of the property, rights and interests, and the cash assets, of
the nationals of Allied cr Associated Powers held by Germany shall be
paid immediately to the person entitled thereto or to his Government; the
proceeds of the property, rights and interests, and the cash assets, of Ger-
man nationals received by an Allied or Associated Power shall be subject
to disposal by such Power in accordance with its laws and regulations
and may be applied in payment of the claims and debts defined by this Article
or paragraph 4 of the Annex hereto. Any property, rights and interests or
proceeds thereof or cash assets not used as above provided may be retained
by the said Allied or Associated Power and if retained the cash value
thereof shall be dealt with as provided in Article 243.

In case of liquidations effected in new States, which are signatories of
the present Treaty as Allied and Associated Powers, or in States which are
not entitled to share in the Reparation payments to be made by Germany,
the proceeds of liquidations effected by such States shall, subject to the
rights of the Reparation Commission under the present Treaty, particularly
TREATY OF PEACE 590

under Articles 235 and 260, be paid direct to the owner. If on the applica-
tion of that owner, the Mixed Arbitral Tribunal, provided for by Section VI
of this Part, or an arbitrator appointed by that Tribunal, is satisfied that
the conditions of the sale or measures taken by the Government of the State
in question outside its general legislation were unfairly prejudicial to the
price obtained, they shall have discretion to award to the owner equitable
compensation to be paid by that State.

(4) Germany undertakes to compensate her nationals in respect of the
sale or retention of their property, rights or interests in Allied or Associated
States,

(j) The amount of all taxes and imposts upon capital levied or to be levied
by Germany on the property, rights and interests of the nationals of the
Allied or Associated Powers from November 11, 1918, until three months
from the coming into force of the present Treaty, or, in the case of property,
‘rights or interests which have been subjected to exceptional measures of war,
until restitution in accordance with the present Treaty, shall be restored
to the owners.

ARTICLE 208.

Germany undertakes, with regard to the property, rights and interests,
including companies and associations in which they were interested, restored
to nationals of Allied and Associated Powers in accordance with the pro-
visions of Article 297, paragraph (a) or (f):

(a) to restore and maintain, except as expressly provided in the present
Treaty, the property, rights and interests of the nationals of Allied or Asso-
ciated Powers in the legal position obtaining in respect of the property,
rights and interests of German nationals under the laws in force before
the war;

(b) not to subject the property, rights or interests of the nationals of the
Allied or Associated Powers to any measures in derogation of property
rights which are not applied equally to the property, rights and interests of
German nationals, and to pay adequate compensation in the event of the
application of these measures.

ANNEX.

1. In accordance with the provisions of Article 297, paragraph <d), the
validity of vesting orders and of orders for the winding up of businesses or
companies, and of any other orders, directions, decisions or instructions of
any court or any department of the Government of any of the High Con-
tracting Parties made or given, or purporting to be made or given, in pursu-
ance of war legislation with regard to enemy property, rights and interests
is confirmed. The interests of all persons shall be regarded as having been
effectively dealt with by any order, direction, decision or instruction dealing
with property in which they may be interested, whether or not such interests
are specifically mentioned in the order, direction, decision, or instrtction.
600 INTERNATIONAL RELATIONS

No question shall be raised as to the regularity of a transfer.of any property,
rights or interests dealt with in pursuance of any such order, direction, deci-
sion or instruction. Every action taken with regard to any property, business,
or company, whether as regards its investigation, sequestration, compulsory
administration, use, requisition, supervision, or winding up, the sale or man-
agement of property, rights or interests, the collection or discharge of debts,
the payment of costs, charges or expenses, or any other matter whatsoever, in
pursuance of orders, directions, decisions, or instructions of any court or of
any department of the Government of any of the High Contracting Parties,
made or given, or purporting to be made or given, in pursuance of war legis-
lation with regard to enemy property, rights or interests, is confirmed. Pro-
vided that the provisions of this paragraph shall not be held to prejudice
the titles to property, heretofore acquired in good faith and for value and in
accordance with the laws of the country in which the property is situated
by nationals of the Allied and Associated Powers.

The provisions of this paragraph do not apply to such of the above-men-
tioned measures as have been taken by the German authorities in invaded
or occupied territory, nor to such of the above-mentioned measures as have
been taken by Germany or the German authorities since November 11, 1918,
all of which shall be void.

2. No claim or action shall be made or brought against any Allied or Asso-
ciated Power or against any person acting on behalf of or under the direction
of any legal authority or Department of the Government of such a Power by
Germany or by any German national wherever resident in respect of any act
or omission with regard to his property, rights or interests during the war
or in preparation for the war. Similarly no claim or action shall be made
or brought against any person in respect of any act or omission under or in
accordance with the exceptional war measures, laws or regulations of any
Allied or Associated Power.

3. In Article 297 and this Annex the expression “exceptional war meas-
ures” includes measures of all kinds, legislative, administrative, judicial or
others, that have been taken or will be taken hereafter with regard to enemy
property, and which have had or will have the effect of removing from the
proprietors the power of disposition over their property, though without
affecting the ownership, such as measures of supervision, of compulsory
administration, and of sequestration; or measures which have had or will
have as an object the seizure of, the use of, or the interference with enemy
assets, for whatsoever motive, under whatsoever form or in whatsoever place.
Acts in the execution of these measures include all detentions, instructions,
orders or decrees of Government departments or courts applying these meas-
ures to enemy property, as well as acts performed by any person connected
with the administration or the supervision of enemy property, such as the
payment of debts, the collecting of credits, the payment of any costs, charges
or expenses, or the collecting of fees. :

Measures of transfer are those which have affected or will affect the
ownership of enemy property by transferring it in whole or in part to a
TREATY OF PEACE 601

person other than the enemy owner, and without his consent, such as meas-
ures directing the sale, liquidation, or devolution of ownership in enemy
property, or the cancelling of titles or securities.

4. All property, rights and interests of German nationals within the terri-
tory of any Allied or Associated Power and the net proceeds of their sale,
liquidation or other dealing therewith may be charged by that Allied or
Associated Power in the first place with payment of amounts due in respect
of claims by the nationals of that Allied or Associated Power with regard
to their property, rights and interests, including companies and associations
in which they are interested, in German territory, or debts owing to them by
German nationals, and with payment of claims growing out of acts com-
mitted by the German Government or by any German authorities since July
31, 1914, and before that Allied or Associated Power entered into the war.
The amount of stich claims may be assessed by an arbitrator appointed by
Mr. Gustave Ador, if he is willing, or if no such appointment is made by
him, by an arbitrator appointed by the Mixed Arbitral Tribunal provided
for in Section VI. They may be charged in the second place with payment
of the amounts due in respect of claims by the nationals of such Allied or
Associated Power with regard to their property, rights and interests in the
territory of other enemy Powers, in so far as those claims are otherwise
unsatisfied. .

5. Notwithstanding the provisions of Article 297, where immediately before
the outbreak of war a company incorporated in an Allied or Associated State
had rights in common with a company controlled by it and incorporated in
Germany to the use of trade-marks in third countries, or enjoyed the use
in common with such company of unique means of reproduction of goods or
articles for sale in third countries, the former company shall alone have the
right to use these trade-marks in third countries to the exclusion of the
German company, and these ‘unique means of reproduction shall be handed
over to the former company, notwithstanding any action taken under German
war legislation with regard to the latter company or its business, industrial
property or shares. Nevertheless, the former company, if requested, shall
deliver the latter company derivative copies permitting the continuation of
reproduction of articles for use within German territory.

6. Up to the time when restitution is carried out in accordance with
Article 297, Germany is responsible for the conservation of property, rights
and interests of the nationals of Allied or Associated Powers, including
companies and associations in which they are interested, that have been
subjected by her to exceptional war measures.

7. Within one year from the coming into force of the present Treaty the
Allied or Associated Powers will specify the property, rights and interests
over which they intend to exercise the right provided in Article 297, para-
graph (f).

’ 8. The restitution provided in Article 297 will be carried out by order of
the German Government or of the authorities which have been substituted
for it. Detailed accounts of the action of administrators shall be furnished
602 INTERNATIONAL RELATIONS

to the interested persons by the German authorities upon request, which may
be made at any time after the coming into force of the present Treaty.

9. Until completion of the liquidation provided for by Article 297, paragraph
(b), the property, rights and interests of German nationals will continue to
be subject to exceptional war measures that have been or will be taken with
regard to them. :

10. Germany will, within six months from the coming into force of the
present Treaty, deliver to each Allied or Associated Power all securities,
certificates, deeds, or other documents of title held by its nationals and relating
to property, rights or interests situated in the territory of that Allied or
Associated Power, including any shares, stock, debentures, debenture stock,
or other obligations of any company incorporated in accordance with the
laws of that Power.

Germany will at any time on demand of any Allied or Associated Power
furnish such information as may be required with-regard to the property,
rights and interests of German nationals within the territory of such Allied
or Associated Power, or with regard to any transactions concerning such
property, rights or interests effected since July 1, 1914.

11. The expression “cash assets” includes all deposits or funds established
before or after the declaration of war, as well as all assets coming from
deposits, revenues, or profits collected by administrators, sequestrators, or
others from funds placed on deposit or otherwise, but does not include sums
belonging to the Allied or Associated Powers or to their component States,
Provinces, or Municipalities.

12. All investments wheresoever effected with the cash assets of nationals
of the High Contracting Parties, including companies and associations in
which such nationals were interested, by persons responsible for the adminis-
tration of enemy properties or having control over such administration, or by
order of such persons or of any authority whatsoever shall be annulled.
These cash assets shall be accounted for irrespective of any such investment.

13. Within one month from the coming into force of the present Treaty, or
on demand at any time, Germany will deliver to the Allied and Associated
Powers all accounts, vouchers, records, documents and information of any
kind which may be within German territory, and which concern the property,
rights and interests of the nationals of those Powers, including corhpanies
and associations in which they are interested, that have been subjected to an
exceptional war measure, or to a measure of transfer either in German
territory or in territory occupied by Germany or her allies.

The controllers, supervisors, managers, administrators, sequestrators, liqui-
dators and receivers shall be personally responsible under guarantee of the
German Government for the immediate delivery in full of these accounts and
documents, and for their accuracy.

14. The provisions of Article 297 and this Annex relating to property, Tights
and interests in an enemy country, and the proceeds of the liquidation thereof,
apply to debts, credits and accounts, Section III regulating only the method of
payment.
TREATY OF PEACE 603

In the settlement of matters provided for in Article 297 between Germany
and the Allied or Associated States, their colonies or protectorates, or any
one of the British Dominions or India, in respect of any of which a declara-
tion shall not have been made that they adopt Section III, and between their
respective nationals, the provisions of Section III respecting the currency in
which payment is to be made and the rate of exchange and of interest
shall apply unless the Government of the Allied or Associated Power
concerned shall within six months of the coming into force of the present
Treaty notify Germany that the said provisions are not to be applied.

15. The provisions of Article 297 and this Annex apply to industrial, literary
and artistic property which has been or will be dealt with in the liquidation
of property, rights, interests, companies or business under war legislation
by the Allied or Associated Powers, or in accordance with the stipulations
of Article 297, paragraph (b).

Section V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 299.

(a) Any contract concluded between enemies shall be regarded as having
been dissolved as from the time when any two of the parties became enemies,
except in respect of any debt or other pecuniary obligation arising out of any
act done or money paid thereunder, and subject to the exceptions and special
rules with’ regard to particular contracts or classes of contracts contained
herein or in the Annex hereto.

(b) Any contract of which the execution shall be required in the general
interest, within six months from the date of the coming into force of’ the
present Treaty, by the Allied or Associated Governments of which one of
the parties is a national, shall be excepted from dissolution under this Article.

When the execution of the contract thus kept alive would, owing to the
alteration of trade conditions, cause one of the parties substantial prejudice
the Mixed Arbitral Tribunal provided for by Section VI shall be em-
powered to grant to the prejudiced party equitable compensation,

(c) Having regard to the provisions of the constitution and law of the
United States of America, of Brazil, and of Japan, neither the present
Article, nor Article 300, nor the Annex hereto shall apply to contracts made
between nationals of these States and German nationals; nor shall Article
305 apply to the United States of America or its nationals.

(d) The present Article and the annex hereto shall not apply to contracts
the parties to which became enemies by reason of one of them being an
inhabitant of territory of which the sovereignty has been transferred, if
such party shall acquire under the present Treaty the nationality of an
Allied or Associated Power, nor shall they apply to contracts between
nationals of the Allied and Associated Powers between whom trading has
604. INTERNATIONAL RELATIONS

been prohibited by reason of-one of the parties being in Allied or Associated
territory in the occupation of the enemy.

(e) Nothing in the present Article or the annex hereto shall be deemed
to invalidate a transaction lawfully carried out in accordance with a contract
between enemies if it has been carried out with the authority of one of the
belligerent Powers.

ARTICLE 300.

(a) All periods of prescription, or limitation of right of action, whether
they began to run before or after the outbreak of war, shall be treated in
the territory of the High Contracting Parties, so far as regards relations
between enemies, as having been suspended for the duration of the war.
They shall begin to run again at earliest three months after the coming into
force of the present Treaty. This provision shall apply to the period pre-
scribed for the presentation of interest or dividend coupons or for the
presentation for repayment of securities drawn for repayment or repayable
on any other ground.

(b) Where, on account of failure to perform any act or comply with
any formality during the war, measures of execution have been taken in
German territory to the prejudice of a national of an Allied or Associated
Power, the claim of such national shall, if the matter does not fall within the
competence of the Courts of an Allied or Associated Power, be heard by
the Mixed Arbitral Tribunal provided for by Section VI.

(c) Upon the application of any interested person who is a national of an
Allied or Associated Power the Mixed Arbitral Tribunal shall order the
restoration of the rights which have been prejudiced by the nieasures of
execution referred to in paragraph (b), wherever, having regard to the
particular circumstances of the case, such restoration is equitable and
possible.

If such restoration is inequitable or impossible the Mixed Arbitral Tri-
bunal may grant compensation to the prejudiced party to be paid by the
German Government.

(d) Where a contract between enemies has been dissolved by reason
either of failure on the part of either party to carry out its provisions or of
the exercise of a right stipulated in the contract itself the party prejudiced
may apply to the Mixed Arbitral Tribunal for relief. The Tribunal will have
the powers provided for in paragraph (c).

(e) The provisions of the preceding paragraphs of this Article shall apply
to the nationals of Allied and Associated Powers who have been prejudiced
by reason of measures referred to above taken by Germany in invaded or
occupied territory, if they have not been otherwise compensated.

(f) Germany shall compensate any third party who may be prejudiced
by any restitution or restoration ordered by the Mixed Arbitral Tribunal
under the provisions of the preceding paragraphs of this Article.

(g) As regards negotiable instruments, the period of three months pro-
vided under paragraph (a) shall commence as from the date on which any
TREATY OF PEACE 605

exceptional regulations applied in the territories of the interested Power
with regard to negotiable instruments shall have definitely ceased to have
force.

ARTICLE 301.

As between enemies no negotiable instrument made before the war shall
be deemed to have become invalid by reason only of failure within the
required time to present the instrument for acceptance or payment or to
give notice of non-acceptance or non-payment to drawers or indorsers or to
protest the instrument, nor by reason of failure to complete any formality
during the war.

Where the period within which a negotiable instrument should have been
presented for acceptance or for payment, or within which notice of non-
acceptance or non-payment should have been given to drawer or indorser,
or within which the instrument should have been protested, has elapsed
during the war, and the party who should have presented or protested the
instrument or have given notice of non-acceptance or non-payment has
failed to do so during the war, a period of not less than three months from
the coming into force of the present Treaty shall be allowed within which
presentation, notice of non-acceptance or non-payment or protest may be
made.

ARTICLE 302.

Judgements given by the Courts of an Allied or Associated Power in all
cases which, under the present Treaty, they are competent to decide, shall
be recognised in Germany as final, and shall be enforced without it being
necessary to have them declared executory.

If a judgment in respect to any dispute which may have arisen has been
given during the war by a German Court against a national of an Allied or
Associated State in a case in which he was not able to make his defence, the
Allied and Associated national who has suffered prejudice thereby shall be
entitled to recover compensation, to be fixed by the Mixed Arbitral Tribunal
provided for in Section VI.

At the instance of the national of the Allied or Associated Power the
compensation above-mentioned may, upon order to that effect of the Mixed
Arbitral Tribunal, be effected where it is possible by replacing the parties in
the situation which they occupied before the judgment was given by the
German Court.

The above compensation may likewise be obtained before the Mixed
Arbitral Tribunal by the nationals of Allied or Associated Powers who
have suffered prejudice by judicial measures taken in invaded or occupied
territories, if they have not been otherwise compensated.

ARTICLE 303.

For the purpose of Sections III, IV, V and VII, the expression “during
the war” means for each Allied or Associated Power the period between the
606 INTERNATIONAL RELATIONS

commencement of the state of war between that Power and Germany and
the coming into force of the present Treaty.

ANNEX.
I. General Provisions.

1. Within the meaning of Articles 299, 300 and 301, the parties to a con-
tract shall be regarded as enemies when trading between them shall have
been prohibited by or otherwise became unlawful under laws, orders or
regulations to which one of those parties was subject. They shall be
deemed to have become enemies from the date when such trading was
prohibited or otherwise became unlawful.

2. The following classes of contracts are excepted from dissolution by
Article 299 and, without prejudice to the rights contained in Article 297 (b)
of Section IV, remain in force subject to the application of domestic laws,
orders or regulations made during the war by the Allied and Associated
Powers and subject to the terms of the contracts:

(a) Contracts having for their object the transfer of estates or of real
or personal property where the property therein had passed or the object
had been delivered before the parties became enemies;

(b) Leases and agreements for leases of land and houses;

(c) Contracts of mortgage, pledge or lien;

(d) Concessions concerning mines, quarries or deposits;

(e) Contracts between individuals or companies and States, provinces,
municipalities, or other similar juridical persons charged with administrative
functions, and concessions granted by States, provinces, municipalities, or
other similar juridical persons charged with administrative functions.

3. If the provisions of a contract are in part dissolved under Article 299,
the remaining provisions of that contract shall, subject to the same applica-
tion of domestic laws as is provided for in paragraph 2, continue in force
if they are severable, but where they are not severable the contract shall be
demed to have been dissolved in its entirety.

II. Provisions relating to certain classes of Contracts.
Stock Exchange and Commercial Exchange Contracts.

4. (a@) Rules made during the war by any recognised Exchange or Com-
mercial Association providing for the closure of contracts entered into
before the war by an enemy are confirmed by the High Contracting Parties,
as also any action taken thereunder, provided:

(1) That the contract was expressed to be made subject to the rules of
the Exchange or Association in question;

(2) That the rules applied to all persons concerned;

(3) That the conditions attaching to the closure were fair and reasonable.
TREATY OF PEACE 607

(b) The preceding paragraph shall not apply to rules made during the
ocupation by Exchanges or Commercial Associations in the districts occupied
by the enemy.

(c) The closure of contracts relating to cotton “futures”, which were
closed as on July 31, 1914, under the decision of the Liverpool Cotton Asso-
ciation, is also confirmed.

Security,

5. The sale of a security held for an unpaid debt owing by an enemy shall
be deemed to have been valid irrespective of notice to the owner if the
creditor acted in good faith and with reasonable care and prudence, and no
claim by the debtor on the ground of such sale shall be admitted.

This stipulation shall not apply to any sale of securities effected by an
enemy during the occupation in regions invaded or occupied by the enemy.

Negotiable Instruments.

6. As regards Powers which adopt Section III and the Annex thereto the
pecuniary obligations existing between enemies and resulting from the issue
of negotiable instruments shall be adjusted in conformity with the said Annex
by the instrumentality of the Clearing Offices, which shall assume the rights
of the holder as regards the various remedies open to him.

7. If a person has either before or during the war become liable upon a
negotiable instrument in accordance with an undertaking given to him by a
person who has subsequently become an enemy, the latter shall remain liable
to indemnify the former in respect of his liability notwithstanding the cut-
break of war.

III. Contracts of Insurance. .

8. Contracts of insurance entered into by any person with another person
who subsequently became an enemy will be dealt with in accordance with the
following paragraphs.

Fire Insurance.

9. Contracts for the insurance of property against fire entered into by a
person interested in such property with another person who subsequently be-
came an enemy shall not be deemed to have been dissolved by the outbreak
of war, or by the fact of the person becoming an enemy, or on account of the
failure during the war and for a period of three months thereafter to perform
his obligations under the contract, but they shall be dissolved at the date
when the annual premium becomes payable for the first time after the expira-
tion of a period of three months after the coming into force of the present
Treaty.

A settlement shall bé effected of unpaid premiums which became due during
the war, or of claims for losses which occurred during the war.

10. Where by administrative or legislative action an insurance against fire
effected before the war has been transferred during the war from the original
608 INTERNATIONAL RELATIONS

to another insurer, the transfer will be recognised and the liability of the
original insurer will be deemed to have ceased as from the date of the
transfer. The original insurer will, however, be entitled to receive on demand
full information as to the terms of the transfer, and if it should appear that
these terms were not equitable they shall be amended so far as may be
necessary to render them equitable.

Furthermore, the insured shall, subject to the concurrence of the original
insurer, be entitled to retransfer the contract to the original insurer as from
the date of the demand.

Life Insurance.

11. Contracts of life insurance entered into between an insurer and a person
who subsequently became an enemy shall not be deemed to have been dis-
solved by the outbreak of war, or by the fact of the person becoming an
enemy.

Any sum which during the war became due upon a contract deemed not
to have been dissolved under the preceding provision shall be recoverable
after the war with the addition of interest at five per cent. per annum from
the date of its becoming due up to the day of payment.

Where the contract has lapsed during the war owing to non-payment of
premiums, or has become void from breach of the conditions of the contract,
the assured or his representatives or the person entitled shall have the right
at any time within twelve months of the coming into force of the present
Treaty to claim from the insurer the surrender value of the policy at the date
of its lapse or avoidance.

Where the contract has lapsed during the war owing to non-payment of
premiums the payment of which has been prevented by the enforcement of
measures of war, the assured or his representative or the persons entitled shall
have the right to restore the contract on payment of the premiums with in-
terest at five per cent. per annum within three months from the coming into
force of the present Treaty.

12. Any Allied or Associated Power may within three months of the com-
ing into force of the present Treaty cancel all the contracts of insurance
running between a German insurance company and its nationals under con-
ditions which shall protect its nationals from any prejudice.

To this end the German insurance company will hand over to the Allied
or Associated Government concerned the proportion of its assets attributable
to the policies so cancelled and will be relieved from all liability in respect of
such policies. The assets to be handed over shall be determined by an actuary
appointed by the Mixed Arbitral Tribunal.

13. Where contracts of life insurance have been entered into by a local’
branch of an insurance company established in a country which subsequently
became an enemy country, the contract shall, in the absence of any stipulation
to the contrary in the contract itself, be governed by the local law, but the
insurer shall be entitled to demand from the insured or his representatives
the refund of sums paid on claims made or enforced under measures taken
TREATY OF PEACE 609

during the war, if the making or enforcement of such claims was not in
accordance with the terms of the contract itself or was not consistent with
the laws or treaties existing at the time when it was entered into.

14. In any case where by the law applicable to the contract the insurer
remains bound by the contract notwithstanding the non-payment of premiums
until notice is given to the insured of the termination of the contract, he shall
be entitled where the giving of such notice was prevented by the war to
recover the unpaid premiums with interest at five per cent. per annum from
the insured.

15. Insurance contracts shall be considered as contracts of life assurance
for the purpose of paragraphs 11 to 14 when they depend on the probabilities
of human life combined with the rate of interest for the calculation of the
reciprocal engagements between the two parties.

Marine Insurance.

16. Contracts of marine insurance including time policies and voyage
policies entered into between an insurer and a person who subsequently be-
came an enemy, shall be deemed to have been dissolved on his becoming an
enemy, except in cases where the risk undertaken in the contract had attached
before he became an enemy.

Where the risk had not attached, money paid by way of premium or other-
wise shall be recoverable from the insurer.

Where the risk had attached effect shall be given to the contract notwith-
standing the party becoming an enemy, and sums due under the contract either
by way of premiums or in respect of losses shall be recoverable after the
coming into force of the present Treaty.

In the event of any agreement being come to for the payment of interest
on sums due before the war to or by the nationals of States which have been
at war and recovered after the war, such interest shall in the case of losses
recoverable under contracts of marine insurance run from the expiration of
a period of one year from the date of the loss.

17. No contract of marine insurance with an insured person who subsc-
quently became an enemy shall be deemed:to cover losses due to belligerent
action by the Power of which the insurer was a national or by the allies or
associates of such Power.

18. Where it is shown that a person who had before the war entered into
a contract of marine insurance with an insurer who subsequently became an
enemy entered after the outbreak of war into a new contract covering the
same risk with an insurer who was not an enemy, the new contract shall be
deemed to be substituted for the original contract as from the date when it
was entered into, and the premiums payable shall be adjusted on the basis of
the original insurer having remained liable on the contract only up till the
time when the new contract was entered into.

Other Insurances.
19. Contracts of insurance entered into before the war between an insurer
610 INTERNATIONAL RELATIONS

and a person who subsequently became an enemy, other than contracts
dealt with in paragraphs 9 to 18, shall be treated in all respects on the same
footing as contracts of fire insurance between the same persons would be
dealt with under the said paragraphs.

Re-insurance.

20, All treaties of re-insurance with a person who became an enemy shall
be regarded as having been abrogated by the person becoming an enemy, but
without prejudice in the case of life or marine risks which had attached
before the war to the right to recover payment after the war for sums due
in respect of such risks.

Nevertheless, if, owing to invasion, it has been impossible for the re-insured
to find another re-insurer, the treaty shall remain in force until three months
after the coming into force of the present Treaty.

Where a re-insurance treaty becomes void under this paragraph, there
shall be an adjustment of accounts between the parties in respect both of
premiums paid and payable and of liabilities for losses in respect of life
or marine risks which had attached before the war. In the case of risks other
than those mentioned in paragraphs 11 to 18 the adjustment of accounts shall
be made as at the date of the parties becoming enemies without regard to
claims for losses which may have occurred since that date.

21. The provisions of the preceding paragraph will extend equally to re-
insurances existing at the date of the parties becoming enemies of particular
risks undertaken by the insurer in a contract of insurance against any risks
other than life or marine risks.

22. Re-insurance of life risks effected by particular contracts and not under
any general treaty remain in force.

The provisions of paragraph 12 apply to treaties of re-insurance of life
insurance contracts in which enemy companies are the re-insurers.

23. In case of a re-insurance effected before the war of a contract of marine
insurance, the cession of a risk which had been ceded to the re-insurer shall,
if it had attached before the outbreak of war, remain valid and effect be
given to the contract notwithstanding the outbreak of war; sums due under
the contract of re-insurance in respect either of premiums or of losses shall
be recoverable after the war.

24. The provisions of paragraphs 17 and 18 and the last part of paragraph
16 shall apply to contracts for the re-insurance of marine risks.

Section VI.
MIXED ARBITRAL TRIBUNAL.

ARTICLE 304.

(a) Within three months from the date of the coming into force of the
present Treaty, a Mixed Arbitral Tribunal shall be established between each
TREATY OF PEACE 611

of the Allied and Associated Powers on the one hand and Germany on the
other hand. Each such Tribunal shall consist of three members. Each of
the Governments concerned shall appoint one of these members. The
President shall be chosen by agreement between the two Governments con-
cerned.

In case of failure to reach agreement, the President of the Tribunal and
two other persons either of whom may in case of need take his place, shall
be chosen by the Council of the League of Nations, or, until this is set up, by
M. Gustave Ador if he is willing. These persons shall be nationals of
Powers that have remained neutral during the war.

If any Government does not proceed within a period of one month in case
there is a vacancy to appoint a member of the Tribunal, such member shall be
chosen by the other Government from the two persons mentioned above other
than the President.

The decision of the majority of the members of the Tribunal shall be the
decision of the Tribunal.

(b) The Mixed Arbitral Tribunals established pursuant to paragraph (a)
shall decide all questions within their competence under Sections ITI, IV, V
and VII.

In addition, all questions, whatsoever their nature, relating to contracts
concluded before the coming into force of the present Treaty between
nationals of the Allied and Associated Powers and German nationals shall
be decided by the Mixed Arbitral Tribunal, always excepting questions which,
under the laws of the Allied, Associated or Neutral Powers, are within the
jurisdiction of the National Courts of those Powers. Such questions shall be
decided by the National Courts in question, to the exclusion of the Mixed
Arbitral Tribunal. The party who is a national of an Allied or Associated
Power may nevertheless bring the case before the mixed Arbitral Tribunal if
this is not prohibited by the laws of his country.

(c) If the number of cases justifies it, additional members shall be ap-
pointed and each Mixed Arbitral Tribunal shall sit in divisions. Each of
these divisions will be constituted as above.

(d) Each Mixed Arbitral Tribunal will settle its own procedure except in
so far as it is provided in the following Annex, and is empowered to award
the sums to be paid by the loser in respect of the costs and expenses of the
proceedings.

(e) Each Government will pay the remuneration of the member of the
Mixed Arbitral Tribunal appointed by it and of any agent whom it may
appoint to represent it before the Tribunal. The remuneration of the’ Presi-
dent will be determined by special agreement between the Governments con-
cerned; and this renumeration and the joint expenses of each Tribunal will be
paid by the two Governments in equal moieties.

(f) The High Contracting Parties agree that their courts and authorities
shall render to the Mixed Arbitral Tribunals direct all the assistance in their
power, particularly as regards transmitting notices and collecting evidence.

(g) The High Contracting Parties agree to regard the decisions of the
612 INTERNATIONAL RELATIONS

Mixed Arbitral Tribunal as final and conclusive, and to render them binding
upon their nationals.

ANNEX.

1. Should one of the members of the Tribunal either die, retire, or be unable
for any reason whatever to discharge his function, the same procedure will
be followed for filling the vacancy as was followed for appointing him.

2. The Tribunal may adopt such rules of procedure as shall be in accordance
with justice and equity and decide the order and time at which each party
must conclude its arguments, and may arrange all formalities required for
dealing with the evidence.

3. The agent and counsel of the parties on each side are authorized to
present orally and in writing to the Tribunal arguments in support or in
defence of each case.

4. The Tribunal shall keep record of the questions and cases submitted
and the proceedings thereon, with the dates of such proceedings.

5. Each of the powers concerned may appoint a secretary. These secre-
taries shall act together as joint secretaries of the Tribunal and shall be
subject to its direction The Tribunal may appoint and employ any other
necessary officer or officers to assist in the performance of its duties.

6. The Tribunal shall decide all questions and matters submitted upon such
evidence and information as may be furnished by the parties concerned.

7. Germany agrees to give the Tribunal all facilities and information
required by it for carrying out its investigations.

8. The language in which the proceedings shall be conducted shall, unless
otherwise agreed, be English, French, Italian or Japanese, as may be deter-
mined by the Allied or Associated Power concerned.

9. The place and time for the meetings of each Tribunal shall be deter-
anaed by the President of the Tribunal.
ARTICLE 305.

Whenever a competent court has given or gives a decision in a case
covered by Sections III, IV, V or VII, and such decision is inconsistent with
the provisions of such Sections, the party who is prejudiced by the decision
shall be entitled to obtain redress which shall be fixed by the Mixed Arbitral
Tribunal. At the request of the national of an Allied or Associated Power,
the redress may, whenever possible, be effected by the Mixed Arbitral
Tribunal directing the replacement of the parties in the position occupied by
them before the judgment was given by the German court.

Section VII.

INDUSTRIAL PROPERTY.

ARTICLE 306.

Subject to the stipulations of the present Treaty, rights of industrial,
literary and artistic property, as such property is defined by the International
TREATY OF PEACE 613

Conventions of Paris and of Berne, mentioned in Article 286, shall be re-
established or restored, as from the coming into force of the present Treaty,
in the territories of the High Contracting parties, in favour of the persons
entitled to the benefit of them at the moment when the state of war com-
menced or their legal representatives. Equally, rights which, except for the
war, would have been acquired during the war in consequence of an applica-
tion made for the protection of industrial property, or the publication of a
literary or artistic work, shall be recognised and established in favour of
those persons who would have been entitled thereto, from the coming into
force of the present Treaty.

Nevertheless, all acts done by virtue of the special measures taken during
the war under legislative, executive or administrative authority of any
Allied or Associated Power in regard to the rights of German nationals in
industrial, literary or artistic property shall remain in force and shall con-
tinue to maintain their full effect.

No claim shall be made or action brought by Germany or German nationals
in respect of the use during the war by the Government of any Allied or
Associated Power, or by any persons acting on behalf or with the assent of
such Government, of any rights in industrial, literary or artistic property,
nor in respect of the sale, offering for sale, or use of any products, articles
or apparatus whatsoever to which such rights applied.

Unless the legislation of any one of the Allied or Associated Powers in
force at the moment of the signature of the present Treaty otherwise directs
sums due or paid in virtue of any act or operation resulting from the execu-
tion of the special measures mentioned in paragraph I of this Article shall
be dealt with in the same way as other sums due to German nationals are
directed to be dealt with by the present Treaty; and sums produced by any
special measures taken by the German Government in respect of rights in
industrial, literary or artistic property belonging to the nationals of the
Allied or Associated Powers shall be considered and treated in the same way
as other debts due from German nationals. /

Eact of the Allied and Associated Powers reserves to itself the right to
impose such limitations, conditions or restrictions on rights of industrial,
literary or artistic property (with the exception of trade-marks) acquired
before or during the war, or which may be subsequently acquired in accord-
ance with its legislation, by German nationals, whether by granting licenses,
or by the working, or by preserving control over their exploitation, or in any
other way, as may be considered necessary for national defence, or in the
public interest, or for assuring the fair treatment by Germany of the rights
of industrial, literary and artistic property held in German territory by its
nationals, or for securing the due fulfillment of all the obligations undertaken
by Germany in the present Treaty. As regards rights of industrial, literary
and artistic property acquired after the coming into force of the present
Treaty, the right so reserved by the Allied and Associated Powers shall only
be exercised in cases where these limitations, conditions or restrictions may
be considered necessary for national defence or in the public interest.
614 INTERNATIONAL RELATIONS

In the event of the application of the provisions of the preceding para-
graph by any Allied or Associated Power, there shall be paid reasonable
indemnities or royalties, which shall be dealt with in the same way as other
sums due to German nationals are directed to be dealt with by the present
Treaty.

Each of the Allied or Associated Powers reserves the right to treat as void
and of no effect any transfer in whole or in part of or other dealing with
rights of or in respect of industrial, literary or artistic property effected after
August 1, 1914, or in the future, which would have the result of defeating
the objects of the provisions of this Article. :

The provisions of this Article shall not apply to rights in industrial,
literary or artistic property which have been dealt with in the liquidation of
businesses or companies under war legislation by the Allied or Associated
Powers, or which may be so dealt with by virtue of Article 297, para-
graph (b).

ARTICLE 307.

A minimum of one year after the coming into force of the present Treaty
shall be accorded to the nationals of the High Contracting Parties, without
extension fees or other penalty, in order to enable such persons to accom-
plish any act, fulfil any formality, pay any fees, and generally satisfy any
obligation prescribed by the laws or regulations of the respective States
telating to the obtaining, preserving, or opposing rights to, or in respect of,
industrial property either acquired before August 1, 1914, or which, except
for the war, might have been acquired since that date as a result of an
application made before the war or during its continuance, but nothing in
this Article shall give any right to reopen interference proceedings in the
United States of America where a final hearing has taken place.

All rights in, or in respect of, such property which may have lapsed by
reason of any failure to accomplish any act, fulfil any formality, or make
any payment, shall revive, but subject. in the case of patents and designs
to the imposition of such conditions as each Allied or sssociated Power
may deem reasonably necessary for the protection of persons who have
manufactured or made use of the subject matter of such property while
the rights had lapsed. Further, where rights to patents or designs belong-
ing to German nationals are revived under this Article, they shall be subject
in respect of the grant of licences to the same provisions as would have been
applicable to them during the war, as well as to all the provisions of the
present Treaty.

The period from August 1, 1914, until the coming into force of the present
Treaty shall be excluded in considering the time within which a patent should
be worked or a trade mark or design used, and it is further agreed that no
patent, registered trade mark or design in force on August 1, 1914, shall
be subject to revocation or cancellation by reason only of the failure to
work such patent or use such trade mark or design for two years after the
coming into force of the present Treaty.
TREATY OF PEACE 615

ARTICLE 308.

The rights of priority, provided by Article 4 of the International Con-
vention for the Protection of Industrial Property of Paris, of March 20,
1883, revised at Washington in 1911 or by any other Convention or Statute,
for the filing or registration of applications for patents or models of utility,
and for the registration of trade marks, designs and models which had not
expired on August 1, 1914, and those which have arisen during the war, or
would have arisen but for the war, shall be extended by each of the High
Contracting Parties in favour of all nationals of the other High Contracting
Parties for a period of six months after the coming into force of the
present Treaty.

Nevertheless, such extension shall in no way affect the right of any of the
High Contracting Parties or of any person who before the coming into
force of the present Treaty was bona fide in possession of any rights of
industrial property conflicting with rights applied for by another who claims
rights of priority in respect of them, to exercise such rights by itself or
himself personally, or by such agents or licencees as derived their rights from
it or him before the coming into force of the present Treaty; and such
persons shall not be amenable to any action or other process of law in
respect of infringement.

ARTICLE 309.

No action shall be brought and no claim made by persons residing or
carrying on business within the territories of Germany on the one part and
of the Allied or Associated Powers on the other, or persons who are
nationals of such Powers respectively, or by any one deriving title during
the war from such persons, by reason of any action which has taken place
within the territory of the other party between the date of the declaration
of war and that of the coming into force of the present Treaty, which
might constitute an infringement of the rights of industrial property or
rights of literary and artistic property, either existing at any time during
the war or revived under the provisions of Articles 307 and 308.

Equally, no action for infringement of industrial, literary or artistic prop-
erty rights by such persons shall at any time be permissible in respect of
the sale or offering for sale for a period of one year after the signature
of the present Treaty in the territories of the Allied or Associated Powers
on the one hand or Germany on the other, of products or articles manu-
factured, or of literary or artistic works published, during the period between
the declaration of war and the signature of the present Treaty, or against
those who have acquired and continue to use them. It is understood, never-
theless, that this provision shall not apply when the possessor of the rights
was domiciled or had an industrial or commercial establishment in the
districts occupied by Germany during the war.

This Article shall not apply as between the United States of America on
the one hand and Germany on the other.
‘616 INTERNATIONAL RELATIONS

ARTICLE 310.

*

Licences in respect of industrial, literary or artistic property concluded
before the war between nationals of the Allied or Associated Powers or
persons residing in their territory or carrying on business therein, on the
one part, and German nationals, on the other part, shall be considered as
cancelled as from the date of the declaration of war between Germany and
the Allied or Associated Power. But, in any case, the former beneficiary of
a contract of this kind shall have the right, within a period of six months
after the coming into force of the present Treaty, to demand from the
proprietor of the rights the grant of a new licence, the conditions of which,
in default of agreement between the parties, shall be fixed by the duly
qualified tribunal in the country under whose legislation the rights had been
acquired, except in the case of licences held in respect of rights acquired
under German law. In such cases the conditions shall be fixed by the
Mixed Arbitral Tribunal referred to in Section VI of this Part. The tri-
bunal may, if necessary, fix also the amount which it may deem just should
be paid by reason of the use of the rights during the war.

No licence in respect of industrial, literary or artistic property, granted
under the special war legislation of any Allied or Associated Power, shall
be affected by the continued existence of any licence entered into before
the war, but shall remain valid and of full effect, and a licence so granted
to the former beneficiary of a licence entered into before the war shall be
considered as substituted for such licence.

Where sums have been paid during the war by virtue of a licence or agree-
ment concluded before the war in respect of rights of industrial property or
for the reproduction or the representation of literary, dramatic or artistic
works, these sums shall be dealt with in the same manner as other debts or
credits of German nationals, as provided by the present Treaty.

This Article shall not apply as between the United States of America on
the one hand and Germany on the other.

ARTICLE 311.

The inhabitants of territories separated from Germany by virtue of the
present Treaty shall, notwithstanding this separation and the change of
nationality consequent thereon, continue to enjoy in Germany all the rights
in industrial, literary and artistic property to which they were entitled under
German legislation at the time of the separation.

Rights of industrial, literary and artistic property which are in force in
the territories separated from Germany under the present Treaty at the
moment of the separation of these territories from Germany, or which will
be re-established or restored in accordance with the provisions of Article
306 of the present Treaty, shall be recognized by the State to which the said
territory is transferred and shall remain in force in that territory for the
same period of time given them under the German law.
TREATY OF PEACE 617

Srcrion VIII.
SOCIAL AND STATE INSURANCE IN CEDED TERRITORY.
ARTICLE 312.

Without prejudice to the provisions contained in other Articles of the
present Treaty, the German Government undertakes to transfer to any
Power to which German territory in Europe is ceded, and to any Power
administering former German territory as a mandatory under Article 22 of
Part I (League of Nations), such portion of the reserves accumulated by
the Government of the German Empire or of German States, or by public
or private organisations under their control, as is attributable to the carry-
ing on of Social or State Insurance in such territory.

The Powers to which these funds are transferred must apply them to the
performance of the obligations arising from such insurances.

The conditions of the transfer will be determined by special conventions
to be concluded between the German Government and the Governments
concerned.

In case these special conventions are not concluded in accordance with
the above paragraph within three months after the coming into force of the
present Treaty, the conditions of transfer shall in each case be referred to
a Commission of five members, one of whom shall be appointed by the
German Government, one by the other interested Government and three by
the Governing Body of the International Labour Office from the nationals
of other States. This Commission shall by majority vote within three
months after appointment adopt recommendations for submission to the
Council of the League of Nations, and the decisions of the Council shall
forthwith be accepted as final by Germany and the other Government con-
cerned.

PART XI.
AERIAL NAVIGATION.
ARTICLE 313.

The aircraft of the Allied and Associated Powers shall have full liberty
of passage and landing over and in the territory and territorial waters of
Germany, and shall enjoy the same privileges as German aircraft, particu-
larly in case of distress by land or sea.

ARTICLE 314.

The aircraft of the Allied and Associated Powers shall, while in transit
to any foreign country whatever, enjoy the right of flying over the terri-
tory and territorial waters of Germany without landing, subject always to
any regulations which may be made by Germany, and which shall be appli-
618 INTERNATIONAL RELATIONS

cable equally to the aircraft of Germany and to those of the Allied and Asso-

ciated countries.
ARTICLE 315.

All aerodromes in Germany open to national public trafic shall be open ,
for the aircraft of the Allied and Associated Powers, and in any such
aerodrome such aircraft shall be treated on a footing of equality with
German aircraft as regards charges of every description, including charges
for landing and accommodation.

ARTICLE 316.

Subject to the present provisions, the rights of passage, transit and land-
ing, provided for in Articles 313, 314 and 315, are subject to the observance
of such regulations as Germany may consider it necessary to enact, but
such regulations shall be applied without distinction to German aircraft
and to those of the Allied and Associated countries.

ARTICLE 317.

Certificates of nationality, airworthiness, or competency, and _ licences,
issued or recognised as valid by any of the Allied or Associated Powers,
shall be recognised in Germany as valid and as equivalent to the certificates
and licences issued by Germany.

ARTICLE 318.

As regards internal commercial air traffic, the aircraft of the Allied and
Associated Powers shall enjoy in Germany most favoured nation treatment.

ARTICLE 319.

Germany undertakes to enforce the necessary measures to ensure that all
German aircraft flying over her territory shall comply with the Rules as to
lights and signals, Rules of the Air and Rules for Air Traffic on and in the
neighbourhood of aerodromes, which have been laid down in the Convention
relative to Aerial Navigation concluded between the Allied and Associated
Powers.

ARTICLE 320.

The obligations imposed by the preceding provisions shall remain in force
until January 1, 1923, unless before that date Germany shall have been
admitted into the League of Nations or shall have been authorised, by con-
sent of the Allied and Associated Powers, to adhere to the Convention
relative to Aerial Navigation concluded between those Powers.
TREATY OF PEACE 619

PART XII.
PORTS, WATERWAYS AND RAILWAYS.

Section I.
GENERAL PROVISIONS.
ARTICLE 321.

Germany undertakes to grant freedom of transit through her territories
on the routes most convenient for international transit, either by rail,
navigable waterway, or canal, to persons, goods, vessels, carriages, wagons
and mails coming from or going to the territories of any of the Allied and
Associated Powers (whether contiguous or not); for this purpose the
crossing of territorial waters shall be allowed. Such persons, goods, vessels,
carriages, wagons and mails shall not be subjected to any transit duty or to
any undue delays or restrictions, and shall be entitled in Germany to national
treatment as regards charges, facilities, and all other matters.

Goods in transit shall be exempt from all Customs or other similar duties.
All charges imposed on transport in transit shall be reasonable, having
regard to the conditions of the traffic. No charge, facility or restriction
shall depend directly or indirectly on the ownership or on the nationality of
the ship or other means of transport on which any part of the through
journey has been, or is to be, accomplished.

ARTICLE 322.

Germany undertakes neither to impose nor to maintain any control over
transmigration traffic through her territories beyond measures necessary to
ensure that passengers are bona fide in transit; nor to allow any shipping
company or any other private body, corporation or person interested in the
traffic to take any part whatever in, or to exercise any direct or indirect
influence over, any administrative service that may be necessary for this
purpose.

ARTICLE 323.

Germany undertakes to make no discrimination or preference, direct o1
indirect, in the duties, charges and prohibitions relating to importations
into or exportations from her territories, or, subject to the special engage.
ments contained in the present Treaty, in the charges and conditions oi
transport of goods or persons entering or leaving her territories, based on
the frontier crossed; or on the kind, ownership or flag of the means of
transport (including aircraft) employed; or on the original or immediate
place of departure of the vessel, wagon or aircraft or other means of
transport employed, or its ultimate or intermediate destination; or on the
620 INTERNATIONAL RELATIONS

route of or places of trans-shipment on the journey; or on whether any
port through which the goods are imported or exported is a German port
or a port belonging to any foreign country or on whether the goods are
imported or exported by sea, by land or by air.

Germany particularly undertakes not to establish against the ports and
vessels of any of the Allied and Associated Powers any surtax or any direct
or indirect bounty for export or import by German ports or vessels, or by
those of another Power, for example by means of combined tariffs. She
further undertakes that persons or goods passing through a port or using
a vessel of any of the Allied and Associated Powers shall not be subjected
to any formality or delay whatever to which such persons or goods would
not be subjected if they passed through a German port or a port of any other
Power, or used a German vessel or vessel of any other Power.

ARTICLE 324.

All necessary administrative and technical measures shall be taken to
shorten, as much as possible, the transmission of goods across the German
frontiers and to ensure their forwarding and transport from such frontiers,
irrespective of whether such goods are coming from or going to the terri-
tories of the Allied and Associated Powers or are in transit from or to
those territories, under the same material conditions in such matters as
rapidity of carriage and care en route as are enjoyed by other goods of the
same kind carried on German territory under similar conditions of transport.

In particular, the transport of perishable goods shall be promptly and regu-
larly carried out, and the customs formalities shall be effected in such a way
as to allow the goods to be carried straight through by trains which make
connection.

ARTICLE 325.

The seaports of the Allied and Associated Powers are entitled to all
favours and to all reduced tariffs granted on German railways or navigable
waterways for the benefit of German ports or of any port of another Power.

ARTICLE 326.

Germany may not refuse to participate in the tariffs or combinations of
tariffs intended to secure for ports of any of the Allied and Associated
Powers advantages similar to those granted by Germany to her own ports
or the ports of any other Power.
TREATY OF PEACE 621

Section IT.
NAVIGATION.

Cuaprter I.
Freepom oF NAVIGATION.
ARTICLE 327.

The nationals of any of the Allied and Associated Powers as well as their
vessels and property shall enjoy in all German ports and on the inland navi-
gation routes of Germany the same treatment in all respects as German
nationals, vessels and property.

In particular the vessels of any one of the Allied or Associated Powers
shall be entitled to transport goods of any description, and passengers, to or
from any ports or places in German territory to which German vessels may
have access, under conditions which shall not be more onerous than those
applied in the case of national vessels; they shall be treated on a footing of
equality with national vessels as regards port and harbour facilities and
charges of every description, including facilities for stationing, loading and
unloading, and duties and charges of tonnage, harbour, pilotage, light-
house, quarantine, and all analogous duties and charges of whatsoever nature,
levied in the name of or for the profit of the Government, public functionaries,
private individuals or establishments of any kind.

In the event of Germany granting a preferential régime to any of the Allied
or Associated Powers or to any other foreign Power, this régime shall be
extended immediately and unconditionally to all the Allied and Associated
Powers.

There shall be no impediment to the movement of persons or vessels other
than those arising from prescriptions concerning customs, police, sanitation,
emigration and immigration, and those relating to the import and export of
prohibited goods. Such regulations must be reasonable and uniform and must
not impede traffic unnecessarily.

Cuapter II.
FREE ZONES IN PORTS.

ARTICLE 328.

The free zones existing in German ports on August 1, 1914, shall be
maintained. These free zones, and any other free zones which may be estab-
lished in German territory by the present Treaty, shall be subject to the
régime provided for in the following Articles.

Goods entering or leaving a free zone shall not be subjected to any import
or export duty, other than those provided for in Article 330.
622 INTERNATIONAL RELATIONS

Vessels and goods entering a free zone may be subjected to the charges
established to cover expenses of administration, upkeep and improvement of
the port, as well as to the charges for the use of various installations, pro-
vided that these charges shall be reasonable having regard to the expenditure
incurred, and shall be levied in the conditions of equality provided for in
Article 327.

Goods shall not be subjected to any other charge except a statistical duty
which shall not exceed 1 per mille ad valorem, and which shall be devoted ex-
clusively to defraying the expenses of compiling statements of the traffic in
the port.

ARTICLE 329.

The facilities granted for the erection of warehouses, for packing and for
unpacking goods, shall be in accordance with trade requirements for the
time being. All goods allowed to be consumed in the free zone shall be
exempt from duty, whether of excise or of any other description, apart from
the statistical duty provided for in Article 328 above.

There shall be no discrimination in regard to any of the provisions of the
present Article between persons belonging to different nationalities or between
goods of different origin or destination.

ARTICLE 330.

Import duties may be levied’ on goods leaving the free zone for consump-
tion in the country on the territory of which the port is situated. Conversely,
export duties may be levied on goods coming from such country and brought
into the free zone. These import and export duties shall be levied on the
same basis and at the same rates as similar duties levied at the other
Customs frontiers of the country concerned. On the other hand, Germany
shall not levy, under any denomination, any import, export or transit duty
on goods carried by land or water across her territory to or from the free
zone from or to any other State.

Germany shall draw up the necessary regulations to secure and guarantee
such freedom of transit over such railways and waterways in her territory
as normally give access to the free zone.

CuHapter IIT.

CLAUSES RELATING TO THE ELBE, THE ODER, THE NIEMEN (RUSSSTROM-MEMEL-
NIEMEN) AND THE DANUBE,

(1)—General Clauses.

ARTICLE 331.

The following rivers are declared international :
the Elbe (Labe) from its confluence with the Vitava (Moldau), and
the Vitava (Moldau) from Prague;

.
TREATY OF PEACE 623

the Oder (Odra) from its confluence with the Oppa;

the Niemen (Russstrom-Memel-Niemen) from Grodno;

the Danube from Ulm;

and all navigable parts of these river systems which naturally provide
more than one State with access to the sea, with or without transshipment
from one vessel to another; together with lateral canals and channels con-
structed either to duplicate or to improve naturally navigable sections of the
specified river systems, or to connect two naturally navigable sections of the
same river.

The same shall apply to the Rhine-Danube navigable waterway, should such

a waterway be constructed under the conditions laid down in Article 353.

ARTICLE 332.

On the waterways declared to be international in the preceding Article, the
nationals, property and flags of all Powers shall be treated on a footing of
perfect equality, no distinction being made to the detriment of the nationals,
property or flag of any Power between them and the nationals, property or
flag of the riparian State itself or of the most favoured nation.

Nevertheless, German vessels shall not be entitled to carry passengers or
goods by regular services between the ports of any Allied or Associated
Power, without special authority from such Power.

ARTICLE 333.

Where such charges are not precluded by any existing conventions, charges
varying on different sections of a river may be levied on vessels using
the navigable channels or their approaches, provided that they are intended
solely to cover equitably the cost of maintaining in a navigable condition, or
of improving, the river and its approaches, or to meet expenditure incurred
in the interests of navigation. The schedule of such charges shall be calcu-
lated on the basis of such expenditure and shall be posted up in the ports.
These charges shall be levied in such a manner as to render any detailed
examination of cargoés unnecessary, except in cases of suspected fraud or
contravention.

ARTICLE 334.

The transit of vessels, passengers and goods on these waterways shall be
effected in accordance with the general conditions prescribed for transit in
Section I above.

When the two banks of an international river are within the same State
goods in transit may be placed under seal or in the custody of customs agents.
When the river forms a frontier goods and passengers in transit shall be
exempt from all customs formalities; the loading and unloading of goods,
and the embarkation and disembarkation of passengers, shall only take place
in the ports specified by the riparian State.
624 INTERNATIONAL RELATIONS

ARTICLE 335.

No dues of any kind other than those provided for in the present Part
shall be levied along the course or at the mouth of these rivers.

This provision shall not prevent the fixing by the riparian States of
customs, local octroi or consumption duties, or the creation of reasonable
and uniform charges levied in the ports, in accordance with public tariffs, for
the use of cranes, elevators, quays, warehouses, etc.

ARTICLE 336.

In default of any special organisation for carrying out the works con-
nected with the upkeep and improvement of the international portion of a
navigable system, each riparian State shall be bound to take suitable measures
to remove any obstacle or danger to navigation and to ensure the mainte-
nance of good conditions of navigation.

If a State neglects to comply with this obligation any riparian State, or
any State represented on the International Commission, if there is one, may
appeal to the tribunal instituted for this purpose by the League of Nations.

ARTICLE 337.

The same procedure shall be followed in the case of a riparian State under-
taking any works of a nature to impede navigation in the international sec-
tion. The tribunal mentioned in the preceding Article shall be entitled to
enforce the suspension or suppression of such works, making due allowance
in its decisions for all rights in connection with irrigation, water-power,
fisheries, and other national interests, which, with the consent of all the
riparian States or of all the States represented on the International Commis-
sion, if there is one, shall be given priority over the requirements of
navigation.

Appeal to the tribunal of the League of Nations does not require the
suspension of the works.

ARTICLE 338.

The régime set out in Articles 332 to 337 above shall be superseded by one
to be laid down in a General Convention drawn up by the Allied and As-
sociated Powers, and approved by the League of Nations, relating to the
waterways recognised in such Convention as having an international char-
acter. This Convention shall apply in particular to the whole or part of the
above-mentioned river systems of the Elbe (Labe), the Oder (Odra), the
Niemen (Russstrom-Memel-Niemen), and the Danube, and such other parts
of these river systems as may be covered by a general definition.

Germany undertakes, in accordance with the provisions of Article 370,
to adhere to the said General Convention as well as to all projects prepared
in accordance with Article 343 below for the revision of existing international
agreements and regulations.
TREATY OF PEACE 625

ARTICLE 339.

Germany shall cede to the Allied and Associated Powers concerned, within
a maximum period of three months from the date on which notification shall
be given her, a proportion of the tugs and vessels remaining registered in the
ports of the river systems referred to in Article 331 after the deduction of
those surrendered by way of restitution or reparation. Germany shall in
the same way cede material of all kinds necessary to the Allied and Associated
Powers concerned for the utilisation of those river systems.

The number of the tugs and boats, and the amount of the material so
ceded, and their distribution, shall be determined by an arbitrator or arbitra-
tors nominated by the United States of America, due regard being had to the
legitimate needs of the parties concerned, and particularly to the shipping
traffic during the five years preceding. the war.

All craft so ceded shall be provided with their fittings and gear, shall be in a
good state of repair and in condition to carry goods, and shall be selected
from among those most recently built.

The cessions provided for in the present Article shall entail a credit of
which the total amount, settled in a lump sum by the arbitrator or arbitrators,
shall not in any case exceed the value of the capital expended in the initial
establishment of the material ceded, and shall be set off against the total sums
due from Germany; in consequence, the indemnification of the proprietors
shall be a matter for Germany to deal with.

(2) Special Clauses relating to the Elbe, the Oder and the Niemen
(RussstromrMemel-Niemen).

ARTICLE 340.

The Elbe (Labe) shall be placed under the administration of an Interna-
tional Commission which shall comprise:

4 representatives of the German States bordering on the river;

2 representatives of the Czecho-Slovak State;

I representative of Great Britain;

I representative of France;

I representative of Italy;

I representative of Belgium.

Whatever be the number of members present, each delegation shall have
the right to record a number of votes equal to the number of representatives
allotted to it. :

If certain of these representatives cannot be appointed at the time of the
coming into force of the present Treaty, the decisions of the Commission
shall nevertheless be valid.

ARTICLE 341.
The Oder (Odra) shall be placed under the administration of an Inter-
national Commission, which shall comprise :
626 INTERNATIONAL RELATIONS

representative of Poland;
representatives of Prussia;
representative of the Czecho-Slovak State;
representative of Great Britain;
representative of France;
representative of Denmark;
I representative of Sweden.
If certain of these representatives cannot be appointed at the time of the
coming into force of the present Treaty, the decisions of the Commission
shall nevertheless be valid.

Hee ae ey Me

ARTICLE 342.

On a request being made to the League of Nations by any riparian State,
the Niemen (Russstrom-Memel-Niemen) shall be placed under the admin-
istration of an International Commission, which shall comprise one repre-
sentative of each riparian State, and three representatives of other States
specified by the League of Nations.

ARTICLE 343.

The International Commissions referred to in Articles 340 and.341 shall
meet within three months of the date of the coming into force of the present
Treaty. The International Commission referred to in Article 342 shall meet
within three months from the date of the request made by a riparian State.
Each of these Commissions shall proceed immediately to prepare a project
for the revision of the existing international agreements and regulations,
drawn up in conformity with the General Convention referred to in Article
338, should such Convention have been already concluded. In the absence
of such Convention, the project for revision shall be in conformity with the
principles of Articles 332 to 337 above.

ARTICLE 344.

The projects referred to in the preceding Article shall, inter alia.

(a) designate the headquarters of the International Commission, and
prescribe the manner in which its President is to be nominated;

(b) specify the extent of the Commission’s powers, particularly in regard
to the execution of works of maintenance, control, and improvement on the
the river system, the financial régime, the fixing and collection of charges,
and regulations for navigation;

(c) define the sections of the river or its tributaries to which the inter-
national régime shall be applied.

ARTICLE 345.

The international agreements and regulations at present governing the
navigation of the Elbe (Labe), the Oder (Odra), and the Niemen (Russ-
TREATY OF PEACE 62

strom-Memel-Niemen) shall be provisionally maintained in force until the
ratification of the above-mentioned projects. Nevertheless, in all cases
where such agreements and regulations in force are in conflict with the
provisions of Articles 332 to 337~above, or of the General Convention ‘to be
concluded, the latter provisions shall prevail.

(3) Special Clauses relating to the Danube.
ARTICLE 346.

The European Commission of the Danube reassumes the powers it pos-
sessed before the war. Nevertheless, as a provisional measure, only repre-
sentatives of Great Britain, France, Italy and Roumania shall constitute this
Commission.

ARTICLE 347.

From the point where the competence of the European Commission ceases,
the Danube system referred to in Article 331 shall be placed under the
administration of an International Commission composed as follows:

2 representatives of German riparian States;

I representative of each other riparian State;

I representative of each non-riparian State represented in the future on
the European Commission of the Danube.

If certain of these representatives cannot be appointed at the time of the
coming into force of the present Treaty, the decisions of the Commission
shall nevertheless be valid.

ARTICLE 348.

The International Commission provided for in the preceding Article shall
meet as soon as possible after the coming into force of the present Treaty,
and shall undertake provisionally the administration of the river in con-
formity with the provisions of Articles 332 to 337, until such time as a
definitive statute regarding the Danube is concluded by the Powers nomi-
nated by the Allied and Associated Powers.

ARTICLE 349.

Germany agrees to accept the régime which shall be laid down for the
Danube by a Conference of the’ Powers nominated by the Allied and Asso-
ciated Powers, which shall meet within one year after the coming into
force of the present Treaty, and at which German representatives may be
present.

ARTICLE 350.

The mandate given by Article 57 of the Treaty of Berlin of July 13, 1878,
to Austria-Hungary, and transferred by her to Hungary, to carry out works
at the Iron Gates, is abrogated. The Commission entrusted with the admin-
istration of this part of the river shall lay down provisions for the settlement

°
628 INTERNATIONAL RELATIONS

of accounts subject to the financial provisions of the present Treaty. Charges
which may be necessary shall in no case be levied by Hungary.

ARTICLE 351.

Should the Czecho-Slovak State, the Serb-Croat-Slovene State or Rou-
mania, with the authorisation of or under mandate from the Internationai
Commission, undertake maintenance, improvement, weir, or other works on a
part of the river system which forms a frontier, these States shall enjoy on
the opposite bank, and also on the part of the bed which is outside their
territory, all necessary facilities for the survey, execution and maintenance
of such works.

ARTICLE 352.

Germany shall be obliged to make to the European Commission of the
Danube all restitutions, reparations and indemnities for damages inflicted
on the Commission during the war.

ARTICLE 353.

Should a deep-draught Rhine-Danube navigable waterway be constructed,
Germany undertakes to apply thereto the régime prescribed in Articles 332
to 338.

Cuapter IV.
CLAUSES RELATING TO THE RHINE AND THE MOSELLE.
ARTICLE 354.

As from the coming into force of the present Treaty, the Convention of
Mannheim of October 17, 1868, together with the Final Protocol thereof,
shall continue to govern navigation on the Rhine, subject to the conditions
hereinafter laid down.

In the event of any provisions of the said Convention being in conflict:
with those laid down by the General Convention referred to in Article 338
(which shall apply to the Rhine) the provisions of the General Convention
shall prevail.

Within a maximum period of six months from the coming into force of
the present Treaty, the Central Commission referred to in Article 355 shall
meet to draw up a project of revision of the Convention of Mannheim. This
project shall be drawn up in harmony with the provisions of the General
Convention referred to above, should this have been concluded by that time,
and shall be submitted to the Powers represented on the Central Com-
mission. Germany hereby agrees to adhere to the project so drawn up.

Further, the modifications set out in the following Articles shall immedi-
ately be made in the Convention of Mannheim,

The Allied and Associated Powers reserve to themselves the right to

.
TREATY OF PEACE 629

arrive at an understanding in this connection with Holland, and Germany
hereby agrees to accede if required to any such understanding.

ARTICLE 355.

The Central Commission provided for in the Convention of Mannheim
shall consist of nineteen members, viz.:

2 representatives of the Netherlands;

2 representatives of Switzerland;

4 representatives of German riparian States;

‘4 representatives of France, which in addition shall appoint the President

of the Commission ;

2 representatives of Great Britain;

2 representatives of Italy;

2 representatives of Belgium.

The headquarters of the Central Commission shall be at Strasburg.

Whatever be the number of members present, each Delegation shall have
the right to record a number of votes equal to the number of representatives
allotted to it.

If certain of these representatives cannot be appointed at the time of the
coming into force of the present Treaty, the decisions of the Commission
shall nevertheless be valid.

ARTICLE 356.

.

Vessels of all nations, and their cargoes, shall have the same rights and
privileges as those which are granted to vessels belonging to the Rhine
navigation, and to their cargoes.

None of the provisions contained in Articles 15 to 20 and 26 of the above-
mentioned Convention of Mannheim, in Article 4 of the Final Protocol
thereof, or in later Conventions, shall impede the free navigation of vessels
and crews of all nations on the Rhine and on waterways to which such
Conventions apply, subject to compliance with the regulations concerning
pilotage and other police measures drawn up by the Central Commission.

The provisions of Article 22 of the Convention of Mannheim and of
Article 5 of the Final Protocol thereof shall be applied only to vessels regis-
tered on the Rhine. The Central Commission shall decide on the steps
to be taken to ensure that other vessels satisfy the conditions of the general
regulations applying to navigation on the Rhine.

ARTICLE 357.

Within a maximum period of three months from the date on which notifi-
cation shall be given, Germany shall cede to France tugs and vessels, from
among those remaining registered in German Rhine ports after the deduction
of those surrendered by way of restitution or reparation, or shares in Ger-
man Rhine navigation companies.
630 INTERNATIONAL RELATIONS

When vessels and tugs are ceded, such vessels and tugs, together with
their fittings and gear, shall be in good state of repair, shall be in condition
to carry on commercial traffic on the Rhine, and shall be selected from
among those most recently built.

The same procedure shall be followed in the matter of the cession by
Germany to France of:

(1) the installations, berthing and anchorage accomodation, platforms,
docks, warehouses, plant, etc., which German subjects or German companies
owned on August 1, 1914, in the port of Rotterdam, and

(2) the shares or interests which Germany or German nationals possessed
in such installations at the same date.

The amount and specifications of such cessions shall be determined within
one year of the coming into force of the present Treaty by an arbitrator or
arbitrators appointed by the United States of America, due regard being
had to the legitimate needs of the parties concerned.

The cessions provided for in the present Article shall entail a credit of
which the total amount, settled in a lump sum by the arbitrator or arbitrators
mentioned above, shall not in any case exceed the value of the capital
expended in the initial establishment of the ceded material and installations,
and shall be set off against the total sums due from Germany; in consequence,
the indemnification of the proprietors shall be a matter for Germany to
deal with.

ARTICLE 358.

Subject to the obligation to comply with the provisions of the Convention
of Mannheim or of the Convention which may be substituted therefor, and
to the stipulations of the present Treaty, France shall have on the whole
course of the Rhine included between the two extreme points of the French
frontiers :

(a) the right to take water from the Rhine to feed navigation and irriga-
tion canals (constructed or to be constructed) or for any other
purpose, and to execute on the German bank all works necessary
for the exercise of this right;

(b) the exclusive right to the power derived from works of regulation on
the river, subject to the payment to Germany of the value of half
the power actually produced, this payment, which will take into
account the cost of the works necessary for producing the power,
being made either in money or in power and in default of agreement
being determined by arbitration. For this purpose France alone
shall have the right to carry out in this part of the river all works
of regulation (weirs or other works) which she may consider
necessary for the production of power. Similarly, the right of
taking water from the Rhine is accorded to Belgium to feed the
Rhine-Meuse navigable waterway provided for below.

The exercise of the rights mentioned under (a) and (b) of the present

Article shall not interfere with navigability nor reduce the facilities for
TREATY OF PEACE 631

navigation, either in the bed of the Rhine or in the derivations which may
be substituted therefor, nor shall it involve any increase in the tolls formerly
levied under the Convention in force. All proposed schemes shall be laid
before the Central Commission in order that that Commission may assure
itself that these conditions are complied with.

To ensure the proper and faithful execution of the provisions contained
in (a) and (b) above, Germany:

(1) binds herself not to undertake or to allow the construction of any
lateral canal or any derivation on the right bank of the river opposite the
French frontiers;

(2) recognises the possession by France of the right of support on and
the right of way over all lands situated on the right bank which may be
required in order to survey, to build, and to operate weirs which France,
with the consent of the Central Commission, may subsequently decide to
establish. In accordance with such consent, France shall be entitled to
decide upon and fix the limits of the necessary sites, and she shall be per-
mitted to occupy such lands after a period of two months after simple
notification, subject to the payment by her to Germany of indemnities of
which the total amount shall be fixed by the Central Commission. Germany
shall make it her business to indemnify the proprietors whose property will
be burdened with such-servitudes or permanently occupied by the works.

Should Switzerland so demand, and if the Central Commission approves,
the same right shall be accorded to Switzerland for the part of the river
forming her frontier with other riparian States;

(3) shall hand over to the French Government, during the month follow-
ing the coming into force of the present Treaty, all projects, designs, drafts
of concessions and of specifications concerning the regulation of the Rhine
for any purpose whatever which have been drawn up or received by the
Governments of Alsace-Lorraine or of the Grand Duchy of Baden.

ARTICLE 359.

Subject to the preceding provisions, no works shall be carried out in the
bed or on either bank of the Rhine where it forms the boundary of France
and Germany without the previous approval of the Central Commission or
of its agents.

ARTICLE 360.

France reserves the option of substituting herself as regards the rights
and obligations resultirig from agreements arrived at between the Govern-
ment of Alsace-Lorraine and the Grand Duchy of Baden concerning the
works to be carried out on the Rhine; she may also denounce such agree-
ments within a term of five years dating from the coming into force of the
present Treaty.

France shall also have the option of cattsing works to be carried out which
may be recognised as necessary by the Central Commission for the upkeep
or improvement of the navigability of the Rhine above Mannheim,
632 INTERNATIONAL RELATIONS

ARTICLE 361.

Should Belgium within a period of 25 years from the coming into force
of the present Treaty decide to create a deep-draught Rhine-Meuse navigable
waterway, in the region of Ruhrort, Germany shall be bound to construct,
in accordance with plans to be communicated to her by the Belgian Govern-
ment, after agreement with the Central Commission, the portion of this
navigable waterway situated within her territory.

The Belgian Government shall, for this purpose, have the right to carry
out on the ground all necessary surveys.

Should Germany fail to carry out all or part of these works, the Central
Commission shall be entitled to carry them out instead; and, for this pur-
pose, the Commission may decide upon and fix the limits of the necessary
sites and occupy the ground after a period of two months after simple notifi-
cation, subject to the payment of indemnities to be filed by it and paid by
Germany.

This navigable waterway shall be placed under the same administrative
régime as the Rhine itself, and the division of the cost of initial construction,
including the above indemnities, among the States crossed thereby shall be
made by the Central Commission.

ARTICLE 362.

Germany hereby agrees to offer no objection to any proposals of the
Central Rhine Commission for extending its jurisdiction:

(1) to the Moselle below the Franco-Luxemburg frontier down to the
Rhine, subject to the consent of Luxemburg;

(2) to the Rhine above Basle up to the Lake of Constance, subject to the
consent of Switzerland;

(3) to the lateral canals and channels which may be established either
to duplicate or to improve naturally navigable sections of the Rhine or the
Moselle, or to connect two naturally navigable sections of these rivers, and
also any other parts of the Rhine river system which may be covered by the
General Convention provided for in Article 338 above.

CHaptrr V.

CLAUSES GIVING TO THE CZECHO-SLOVAK STATE THE USE OF NORTHERN PorRTS.

ARTICLE 363.

In the ports of Hamburg and Stettin Germany shall lease to the Czecho-
Slovak State, for a period of 99 years, areas which shall be placed under
the general régime of free zones and shall be used for the direct transit of
goods coming from or going to that State.
TREATY OF PEACE 633

ARTICLE 364.

The delimitation of these areas, and their equipment, their exploitation,
and in general all conditions for their utilisation, including the amount of
the rental, shall be decided by a Commission consisting of one delegate of
Germany, one delegate of the Czecho-Slovak State and one delegate of
Great Britain. These conditions shall be susceptible of revision every ten
years in the same manner. _

Germany declares in advance that she will adhere to the decisions so taken.

Section III.
RAILWAYS,
CuHaprer I.
CLAUSES RELATING ‘tO INTERNATIONAL TRANSPORT,
ARTICLE 365.

Goods coming from the territories of the Allied and Associated Powers,
and going to Germany, or in transit through Germany from or to the terri-
tories of the Allied and Associated Powers, shall enjoy on the German rail-
ways as regards charges to be collected (rebates and drawbacks being taken
into account) facilities, and all other matters, the most favourable treatment
applied to goods of the same kind carried on any German lines, either in
internal traffic, or for export, import or in transit, under similar conditions
of transport, for example as regards length of route. The same rule shall
be applied, on the request of one or more of the Allied and Associated
Powers, to goods specially designated by such Power or Powers coming
from Germany and going to their territories.

International tariffs established in accordance with the rates referred to in
the preceding paragraph and involving through waybills shall be established
when one of the Allied and Associated Powers shall require it from
Germany.

ARTICLE 366.

From the coming into force of the present Treaty the High Contracting
Parties shall renew, in so far as concerns them and under the reserves
indicated in the second paragraph of the present Article, the conventions
and arrangements signed at Berne on October 14, 1890, September 20, 1893,
July 16, 1895, June 16, 1898, and September 19, 1906, regarding the trans-
portation of goods by rail.

If within five years from the date of the coming into force of the present
Treaty a new convention for the transportation of passengers, luggage and
goods by rail shall have been concluded to replace the Berne Convention of
October 14, 1890, and the subsequent additions referred to above, this new
convention and the supplementary provisions for international transport by
634. INTERNATIONAL RELATIONS

rail which may be based on it shall bind Germany, even if she shall have
refused to take part in the preparation of the convention or to subscribe to
it. Until a new convention shall have been concluded, Germany shall con-
form to the provisions of the Berne Convention and the stibsequent addi-
tions referred to above, and to the current supplementary provisions.

ARTICLE 367.

Germany shall be bound to co-operate in the establishment of through
ticket services (for passengers and their luggage) which shall be required by
any of the Allied and Associated Powers to ensure their communication by
rail with each other and with all other countries by transit. across the terri-
tories of Germany; in particular Germany shall, for this purpose, accept
trains and carriages coming from the territories of the Allied and Associated
Powers and shall forward them with a speed at least equal to that of her
best long-distance trains on the same lines. The rates applicable to such
through services shall not in any case be higher than the rates collected on
German internal services for the same distance, under the same conditions of
speed and comfort. ~

The tariffs applicable under the same conditions of speed and comfort to
the transportation of emigrants going to or coming from ports of the Allied
and Associated Powers and using the German railways shall not be at a
higher kilometric rate than the most favourable tariffs (drawbacks and
rebates being taken into account) enjoyed on the said railways by emigrants
going to or coming from any other ports.

ARTICLE 368.

Germany shall not apply specially to such through services, or to the
transportation of emigrants*going to or coming from the ports of the Allied
and Associated Powers, any technical, fiscal or administrative measures, such
as measures of customs examination, general police, sanitary police, and
control, the result of which would be to impede or delay such services.

ARTICLE 369.

In case of transport partly by rail and partly by internal navigation, with
or without through way-bill, the preceding Articles shall apply to the part
of the journey performed by rail.

CuHapter II.
ROLLING-STOCK.
ARTICLE 370.

Germany undertakes that German wagons shall be fitted with apparatus
allowing:
(1) of their inclusion in goods trains on the lines of such of the Allied
TREATY OF PEACE -635

and Associated Powers as are parties to the Berne Convention of May 15,
1886, as modified on May 18, 1907, without hampering the action of the
continuous brake which may be adopted in such countries within ten years
of the coming into force of the present Treaty, and

(2) of the acceptance of wagons of such couritries in all goods trains on
the German lines.

The rolling stock of the Allied and Associated Powers shall enjoy on the
German lines the same treatment as German rolling stock as regards move-
ment, upkeep and repairs.

Cuapter III.
CESSIONS OF RAILWAY LINES.
ARTICLE .371.

Subject to any special provisions concerning the cession of ports, waterways
and railways situated in the territories over which Germany abandons her
sovereignty, and to the financial conditions relating to the concessionaires
and the pensioning of the personnel, the cession of railways will take place
under the following conditions:

(1) The works and installations of all the railroads shall be handed over
complete and in good condition. ,

(2) When a railway system possessing its own rolling-stock is handed
over in its entirety by Germany to one of the Allied and Associated Powers,
such stock shall be handed over complete, in accordance with the last inventory
before November 11, 1918, and in a normal state of upkeep.

(3) As regards lines without any special rolling-stock, Commissions of
experts designated by the Allied and Associated Powers, on which Germany
shall be represented, shall fix the proportion of the stock existing on the
system to which those lines belong to be handed over. These Commissions
shall have regard to the amount of the material registered on these lines
in the last inventory before November 11, 1918, the length of track (sidings
included), and the nature and amount of the traffic. These Commissions
shall also specify the locomotives, carriages and wagons to be handed over
in each case; they shall decide upon the conditions of their acceptance, and
shall make the provisional arrangements necessary to ensure their repair
in German workshops.

(4) Stocks of stores, fittings and plant shall be handed over under the
same conditions as the rolling-stock.

The provisions of paragraphs 3 and 4 above shall be applied to the lines
of former Russian Poland converted by Germany to the German gauge, such
lines: being regarded as detached from the Prussian State System.
636 INTERNATIONAL RELATIONS

Cuapter IV.
PROVISIONS RELATING 0 CERTAIN RAILWAY LINES.
ARTICLE 372.

When as a result of the fixing of new frontiers a railway connection
between two parts of the same country crosses another country, or a
branch line from one country has its terminus in another, the conditions of
working, if not specifically provided for in the present Treaty, shall be laid
down in a convention between the railway administrations concerned. If the
administrations cannot come to an agreement as to the terms of such con-
vention, the points of difference shall be decided by commissions of experts
composed as provided in the preceding Article.

ARTICLE 373.

Within a period of five years from the coming into force of the present
Treaty the Czecho-Slovak State may require the construction of a railway
line in German territory between the stations of Schlauney and Nachod.
The cost of construction shall be borne by the Czecho-Slovak State.

’ ARTICLE 374.

Germany undertakes to accept, within ten years of the coming into force
of the present Treaty, on request being made by the Swiss Government
after agreement with the Italian Government, the denunciation of the
International Convention of October 13, 1909, relative to the St. Gothard
railway. In the absence of agreement as to the conditions of such denuncia-
tion, Germany hereby agrees to accept the decision of an arbitrator designated
by the United States of America. :

CHAPTER V.
TRANSITORY PROVISIONS.
ARTICLE 375.

Germany shall carry out the instructions given her, in regard to transport,
by an authorised body acting on behalf of the Allied and Associated Powers:

(1) For the carriage of troops under the provisions of the present Treaty,
and of material, ammunition and supplies for army use;

(2) As a temporary measure, for the transportation of supplies for certain
regions, as well as for the restoration, as rapidly as possible, of the normal
conditions of transport, and for the organisation of postal and telegraphic
services.
TREATY OF PEACE 637

Section IV. =
DISPUTES.
AND REVISION OF PERMANENT CLAUSES.

ARTICLE 376.
Disputes which may arise between interested Powers with regard to the

interpretation and application of the preceding Articles shall be settled as
provided by the League of Nations.

ARTICLE 377.

At any time the League of Nations may recommend the revision of such
of these Articles as relate to a permanent administrative régime.

ARTICLE 378.

The stipulations in Articles 321 to 330, 332, 365, and 367 to 369 shall be
subject to revision by the Council of the League of Nations at any time after
five years from the coming into force of the present Treaty.

Failing such revision, no Allied or Associated Power can claim after the
expiration of the above period of five years the benefit of any of the stipula-
tions in the Articles enumerated above on behalf of any portion of its terri-
tories in which reciprocity is not accorded in respect of such stipulations. The
period of five years during which reciprocity cannot be demanded may be
prolonged by the Council of the League of Nations.

Secrion V.
SPECIAL PROVISION.

ARTICLE 370.

Without prejudice to the special obligations imposed on her by the present
Treaty for the benefit of the Allied and Associated Powers, Germany under-
takes to adhere to any General Conventions regarding the international
régime of transit, waterways, ports or railways which may be concluded by
the Allied and Associated Powers, with the approval of the League of Na-
tions, within five years of the coming into force of the present Treaty.

Section VI.
CAUSES RELATING TO THE KIEL CANAL,

ARTICLE 380.

The Kiel Canal and its approaches shall be maintained free and open to the
vessels of commerce and of war of all nations at peace with Germany on

terms of entire equality.
638 INTERNATIONAL RELATIONS

> ARTICLE 381.

The nationals, property and vessels of all Powers shall, in respect of
charges, facilities, and in all other respects, be treated on a footing of perfect
equality in the use of the Canal, no distinction being made to the detriment
of nationals, property and vessels of any Power between them and the na-
tionals, property and vessels of Germany or of the most favoured nation.

No impediment shall be placed on the movement of persons or vessels
other than those arising out of police, customs, sanitary, emigration or im-
migration regulations and those relating to the import or export of prohibited
goods. Such regulations must be reasonable and uniform and must not
unnecessarily impede traffic.

ARTICLE 382.

Only such charges may be levied on vessels using the Canal or its ap-
proaches as are intended to cover in an equitable manner the cost of maintain-
ing in a navigable condition, or of improving, the Canal or its approaches, or
to meet expenses incurred in the interests of navigation. The schedule of
such charges shall be calculated on the basis of such expenses, and shall
be posted up in the ports.

These charges shall be levied in such a manner as to render any detailed
examination of cargoes unnecessary, except in the case of suspected fraud or
contravention.

ARTICLE 383.

Goods in transit may be placed under seal or in the custody of customs
agents; the loading and unloading of goods, and the embarkation and disem-
barkation of passengers, shall only take place in the ports specified by Ger-
many.

ARTICLE 384.

No charges of any kind other than those provided for in the present Treaty
shall be levied along the course or at the apptoaches of the Kiel Canal.

ARTICLE 385.

Germany shall be boundsto take suitable measures to remove any obstacle
or danger to navigation, and to ensure the maintenance of good conditions of
navigation. She shall not undertake any works of a nature to impede naviga-
tion on the Canal or its approaches.

ARTICLE 386.

In the event of violation of any of the conditions of Articles 380 to 386,
or of disputes as to the interpretation of these Articles, any interested Power
can appeal to the jurisdiction instituted for the purpose by the League of

Nations.
In order to avoid reference of small questions to the League of Nations,
TREATY OF PEACE 039

Germany will establish a local authority at Kiel qualified to deal with disputes
in the first instance and to give satisfaction so far as possible to complaints
which may be presented through the consular representatives of the interested
Powers.

PART XIII.
LABOUR.
Section J.
ORGANISATION OF LABOUR,

Whereas the League of Nations has for its object the establishment of uni-
versal peace, and such a peace can be established only if it is based upon
social justice;

And whereas conditions of labour exist involving such injustice, hardship
and privation to large numbers of people as to produce unrest so great that
the peace and harmony of the world are imperilled; and an improvement of
those conditions is urgently required: as, for example, by the regulation of
the hours of work, including the establishment of a maximum working day
and week, the regulation of the labour supply, the prevention of unemploy-
ment, the provision of an adequate living wage, the protection of the worker
against sickness, disease and injury arising out of his employment, the pro-
tection of children, young persons and women, provision for old age and in-
jury, protection of the interests of workers when employed in countries other
than their own, recognition of the principle of freedom of association, the
organisation of vocational and technical education and other measures;

Whereas also the failure of any nation to adopt humane conditions of
labour is an obstacle in the way of other nations which desire to improve the
conditions in their own countries;

The Hicu Contractinc Partirs, moved by sentiments of justice and hu-
manity as well as by the desire to secure the permanent peace of the world,
agree to the following:

Cuapter IL
ORGANISATION,

ARTICLE 387.

A permanent organisation is hereby established for the promotion of the
objects set forth in the Preamble.

The original Members of the League of Nations shall be the original Mem-
bers of this organisation, and hereafter membership of. the League of Nations
shall carry with it membership of the said organisation.
640 INTERNATIONAL RELATIONS

ARTICLE 388.

The permanent organisation shall consist of:

(1) a General Conference of Representatives of the Members and,

(2) an International Labour Office controlled by the Governing Body
described in Article 393.

ARTICLE 380.

The meetings of the General Conference of Representatives of the Mem-
bers shall be held from time to time as occasion may require, and at least
once in every year. It shall be composed of four Representatives of each of
the Members, of whom two shall be Government Delegates and the two others
shall be Delegates representing respectively the employers and the workpeople
of each of the Members.

Each Delegate may be accompanied by advisers, who shall not exceed two
in number for each item on the agenda of the meeting. When questions
specially affecting women are to be considered by the Conference, one at
least of the advisers should be a woman.

The members undertake to nontinate non-Government Delegates and ad-
visers chosen in agreement with the industrial organisations, if such organisa-
tions exist, which are most representative of employers or workpeople, as
the case may be, in their respective countries.

Advisers shall not speak except on a request made by the Delegate whom
they accompany and by the special authorization of the President of the Con-
ference, and may not vote.

A Delegate may by notice in writing addressed to the President appoint one
of his advisers to act as his deputy, and the adviser, while so acting, shall be
allowed to speak and vote.

The names of the Delegates and their advisers will be communicated to
the International Labour Office by the Government of each of the Members.

The credentials of Delegates and their advisers shall be subject to scrutiny
by the Conference, which may, by two-thirds of the votes cast by the Delegates
present, refuse to admit any Delegate or adviser whom it deems not to have
been nominated in accordance with this Article.

ARTICLE 390.

Every Delegate shall be entitled to vote individually on all matters which
are taken into consideration by the Conference.

If one of the Members fails to nominate one of the non-Government Dele-
gates whom it is entitled to nominate, the other non-Government Delegate
shall be allowed to sit and speak at the Conference, but not, to vote.

If in accordance with Article 389 the Conference refuses admission to a
Delegate of one of the Members, the provisions of the present Article shall
apply as if that Delegate had not been nominated.
TREATY OF PEACE 641

ARTICLE 391.

The meetings of the Conference shall be held at the seat of the League of
Nations or at such other place as may be decided by the Conference: at a
previous meeting by two-thirds of the votes cast by the Delegates present.

ARTICLE 392.

The International Labour Office shall be established at the seat of the
League of Nations as part of the organisation of the League.

ARTICLE 393.

The International Labour Office shall be under the control of a Governing
Body consisting of twenty-four persons, appointed in accordance with the
following provisions:

The Governing Body of the International Labour Office shall be constituted
as follows: :

Twelve persons representing the Governments ;

Six persons elected by the Delegates to the Conference representing the
employers ;

Six persons elected by the Delegates to the Conference representing the
workers,

Of the twelve persons representing the Governments eight shall be nomi-
nated by the Members which are of the chief industrial importance, and four
shall be nominated by the Members selected for the purpose by the Govern-
ment Delegates to the Conference, excluding the Delegates of the eight Mem-
bers mentioned above.

Any question as to which are the Members of the chief industrial import-
ance shall be decided by the Council of the League of Nations,

The period of office of the Members of the Governing Body will be three
years. The method of filling vacancies and other similar questions may be
determined by the Governing Body subject to the approval of the Conference.

The Governing Body shall, from time to time, elect one of its members
to act as its Chairman, shall regulate its own procedure and shall fix its
own times of meeting. A special meeting shall be held if a written request
to that effect is made by at least ten members of the Governing Body.

ARTICLE 304.

There shall be a Director of the International Labour Office, who shall
be appointed by the Governing Body, and, subject to the instructions of the
Governing Body, shall be responsible for the efficient conduct of the Inter-
national Labour Office and for such other duties as may be assigned to him.

The Director or his deputy shall attend all meetings of the Governing Body.
642 INTERNATIONAL RELATIONS

ARTICLE 395.

The staff of the International Labour Office shall be appointed by the
Director, who shall, so far as is possible with due regard to the efficiency of
the work of the Office, select persons of different nationalities. A certain
number of these persons shall be women.

ARTICLE 396.

The functions of the International Labour Office shall include the col-
lection and distribution of information on all subjects relating to the
international adjustment of conditions of industrial life and labour, and
particularly the examination of subjects which it is proposed to bring before
the Conference with a view to the conclusion of international conventions,
and the conduct of such special investigations as may be ordered by the
Conference.

It will prepare the agenda for the meetings of the Conference.

It will carry out the duties required of it by the provisions of this Part
of the present Treaty in connection with international disputes.

It will edit and publish in French and English, and in such other languages
as the Governing Body may think desirable, a periodical paper dealing with
problems of industry and employment of international interest.

Generally, in addition to the functions set out in this Article, it shall have
such other powers and duties as may be assigned to it by the Conference.

ARTICLE 397.

The Government Departments of any of the Members which deal with
questions of industry and employment may communicate directly with the
Director through the Representative of their Government on the Governing
Body of the International Labour Office, or failing any such Representative,
through such other qualified official as the Government may nominate for the
purpose.

_ ARTICLE 398.

The International Labour Office shall be entitled to the assistance of the
Secretary-General of the League of Nations in any matter in which it can
be given.

ARTICLE 399.

Each of the Members will pay the travelling and subsistence expenses of
its Delegates and their advisers and of its Representatives attending the
meetings of the Conference or Governing Body, as the case may be.

All the other expenses of the International Labour Office and of the
meetings of the Conference or Governing Body shall be paid to the Director
by the Secretary-General of the League of Nations out of the general
funds of the League.

The Director shall be responsible to the Secretary-General of the League
TREATY OF PEACE 643

for the proper expenditure of all moneys paid to him in pursuance of this
Article.

Carter II.
PROCEDURE.
ARTICLE 400.

The agenda for all meetings of the Conference will be settled by the
Governing Body, who shall consider any suggestion as to the agenda that
may be made by the Government of any of the Members or by any re-
presentative organisation recognised for the purpose of Article 389.

ARTICLE 401.

The Director shall act as the Secretary of the Conference, and shall
transmit the agenda so as to reach the Members four months before the
meeting of the Conference, and, through them, the non-Government Dele-
gates when appointed.

ARTICLE 402.

Any of the Governments of the Members may formally object to the
inclusion of any item or items in the agenda. The grounds for such objection
shall be set forth in a reasoned statement addressed to the Director, who
shall circulate it to all the Members of the Permanent Organisation.

Items to which such objection has béen made shall not, however, be
excluded from the agenda, if at the Conference a majority of two-thirds of
the votes cast by the Delegates present is in favour of considering them.

If the Conference decides (otherwise than under the preceding paragraph)
by two-thirds of the votes cast by the Delegates present that any subject
shall be considered by the Conference, that subject shall be included in the
agenda for the following meeting.

ARTICLE 403.

‘The Conference shall regulate its own procedure, shall elect its own Presi-
dent, and may appoint committees to consider and report on any matter.

Except as otherwise expressly provided in this Part of the present Treaty,
all matters shall be decided by a simple majority of the votes cast by the Dele-
gates present.

The voting is void unless the total number of votes cast is equal to half
the number of the Delegates attending the Conference.

ARTICLE 404.
$

The Conference may add to any committees which it appoints technical
experts, who shall be assessors without power to vote.
644 INTERNATIONAL RELATIONS

ARTICLE 405.

When the Conference has decided on the adoption of proposals with regard
to an item in the agenda, it will rest with the Conference to determine whether
these proposals should take the form: (a) of a recommendation to be sub-
mitted to the Members for consideration with a view to effect being given to
it by national legislation or otherwise, or (b) of a draft international con-
vention for ratification by the Members.

In either case a majority of two-thirds of the votes cast by the Delegates
present shall be necessary on the final vote for the adoption of the recommen-
dation or draft convention, as the case may be, by the Conference.

In framing any recommendation or draft convention of general application
the Conference shall have due regard to those countries in which climatic
conditions, the imperfect development of industrial organisation or other
special circumstances make the industrial conditions substantially different and
shall suggest the modifications, if any, which it considers may be required to
meet the case of such countries.

A copy of the recommendation or draft convention shall be authenticated
by the signature of the President of the Conference and of the Director and
shall be deposited with the Secretary-General of the League of Nations. The
Secretary-General will communicate a certified copy of the recommendation or
draft convention to each of the Members.

Each of the Members undertakes that it will, within the period of one year
at most from the closing of the session of the Conference, or if it is impos-
sible owing to exceptional circumstances to do so within the period of one
year, then at the earliest practicable moment and in no case later than eighteen
months from the closing of the session of the Conference, bring the recom-
mendation or draft convention before the authority or authorities within
whose competence the matter lies, for the enactment of legislation or other
action.

In the case of a recommendation, the Members will inform the Secretary-
General of the action taken,

In the case of a draft convention, the Member will, if it obtains the con-
sent of the authority or authorities within whose competence the matter lies,.
communicate the formal ratification of the convention to the Secretary-
General and will take such action as may be necessary to make,effective the
provisions of such convention.

If on a recommendation no legislative or other action is taken to make a
recommendation effective, or if the draft convention fails to obtain the con-
sent of the authority or authorities within whose competence the matter lies,
no further obligation shall rest upon the Member.

In the case of a federal State, the power of which to enter into conventions
on labour matters is subject to limitations, it shall be in the discretion of that
Government to treat a draft convention to which such limitations apply as a
recommendation only, and the provisions of this Article with respect to
recommendations shall apply in such case.
TREATY OF PEACE 645

The above Article shall be interpreted in accordance with the following
principle:

In no case shall any Member be asked or required, as a result of the adop-
tion of any recommendation or draft convention by the Conference, to lessen
the protection afforded by its existing legislation to the workers concerned.

ARTICLE 406.

Any convention so ratified shall be registered by the Secretary-General of
the League of Nations, but shall only be binding upon the Members which
ratify it,

ARTICLE 407.

If any convention coming before the Conference for final consideration fails
to secure the support of two-thirds of the votes cast by the Delegates present,
it shall nevertheless be within the right of any of the Members of the Perma-
nent Organisation to agree to such convention among themselves.

Any convention so agreed to shall be communicated by the Governments
concerned to the Secretary-General of the League of Nations, who shall
register it.

ARTICLE 408.

Each of the Members agrees to make an annual report to the International
Labour Office on the measures which it has taken to give effect to the pro-
visions of conventions to which it is a party. These reports shall be made
in such form and shall contain such particulars as the Governing Body may
request. The Director shall lay a summary of these reports before the next
meeting of the Conference.

ARTICLE 409.

In the event of any representation being nrade to the International Tabour
Office by an industrial association of employers or of workers that any of the
Members has failed to secure in any respect the effective observance within
its jurisdiction of any convention to which it is a party, the Governing Body
may communicate this representation to the Government ag’ainst which it is
made and may invite that Government to make such statement on the subject
as it may think fit.

ARTICLE 410.

If no statement is received within a reasonable time from the Government
in question, or if the statement when received is not deemed to be satisfactory
by the Governing Body, the latter shall have the right to publish the represen-
tation and the statement, if any, made in reply to it.

ARTICLE 411.

Any of the Members shall have the right to file a complaint with the In-
ternational Labour Office if it is not satisfied that any other Member is se-
646 INTERNATIONAL RELATIONS

curing the effective observance of any convention which both have ratified in
accordance with the foregoing Articles.

The Governing Body may, if it thinks fit, before referring such a complaint
to a Commission of Enquiry, as hereinafter provided for, communicate with
the Government in question in the manner described in Article 400.

If the Governing Body does not think it necessary to communicate the
complaint to the Government in question, or if, when they have made such
communication, no statement in reply has been received within a reasonable
time which the Governing Body considers to be satisfactory, the Governing
Body may apply for the appointment of a Commission of Enquiry to consider
the complaint and to report thereon.

The Governing Body may adopt the same procedure either of its own mo-
tion or on receipt of a complaint from a Delegate to the Conference.

When any matter arising out of Articles 410 or 411 is being considered by
the Governing Body, the Government in question shall, if not already repre-
sented thereon, be entitled to send a representative to take part in the pro-
ceedings of the Governing Body while the matter is under consideration.
Adequate notice of the date on which the matter will be considered shall be
given to the Government in question.

ARTICLE 412.

The Commission of Enquiry shall be constituted in accordance with the
following provisions:

Each of the Members agrees to nominate within six months of the date on
which the present Treaty comes into force three persons of industrial exper-
ience, of whom one shall be a representative of employers, one a representa-
tive of workers, and one a person of independent standing, who shall to-
gether form a panel from which the Members of the Commission of
Enquiry shall be drawn.

The qualifications of the persons so nominated shall be subject to scrutiny
by the Governing Body, which may by two-thirds of the votes cast by the
representatives present refuse to accept the nomination of any person whose
qualifications dq not in its opinion comply with the requirements of the pres-
ent Article. \

Upon the application of the Governing Body, the Secretary-General
of the League of Nations shall nominate three persons, one front each section
of this panel, to constitute the Commission of Enquiry, and shall designate
one of them as the President of the Commission. None of these three
persons shall be a person nominated to the panel by any Member directly
concerned in the complaint.

ARTICLE 413.

The Members agree that, in the event of the reference of a complaint to a
Commission of Enquiry under Article 411, they will each, whether directly
concerned in the complaint or not, place at the disposal of the Commission
TREATY OF PEACE 64)

all the information in their possession which bears upon the subject-matte:
of the complaint.
ARTICLE 414.

When the Commission of Enquiry has fully considered the complaint, i
shall prepare a report embodying its findings on all questions of fact relevan’
to determining the issue between the parties and containing such recommenda
tions as it may think proper as to the steps which should be taken to meet thi
complaint and the time within which they should be taken.

It shall also indicate in this report the measures, if any, of an economir
character against a defaulting Government which it considers to be appro
priate, and which it considers other Governments would be justified i
adopting.

ARTICLE 415.

The Secretary-General of the League of Nations shall communicate thi
report of the Commission of Enquiry to each of the Governments concernec
in the complaint, and shall cause it to be published.

Each of these Governments shall within one month inform the Secretary.
General of the League of Nations whether or not it accepts the recommenda
tions contained in the report of the Commission; and if not, whether it pro
poses to refer the complaint to the Permanent Court of International Justic:
of the League of Nations.

ARTICLE 416.

In the event of any Member failing to take the action required by Artich
405, with regard to a recommendation or draft Convention, any other Membe:
shall be entitled to refer the matter to the Permanent Court of Internationa
Justice.

ARTICLE 417.

The decision of the Permanent Court of International Justice in regarc
to a complaint or matter which has been referred to it in pursuance of Articli
415 or Article 416 shall be final.

ARTICLE 418.

The Permanent Court of International Justice may affirm, vary or reversi
any of the findings or recommendations of the Commission of Enquiry, if any
and shall in its decision indicate the measures, if any, of an economi
character which it considers to be appropriate, and which other Govern
ments would be justified in adopting against a defaulting Government.

ARTICLE 419.
In the event of any Member failing to carry out within the time specifiec
the recommendations, if any, contained in the report of the Commission o
Enquiry, or in the decision of the Permanent Court of International Justice
648 INTERNATIONAL RELATIONS

as the case may be, any other Member may take against that Member the
measures of an economic character indicated in the report of the Com-
mission or in the decision of the Court as appropriate to the case.

ARTICLE 420.

The defaulting Government may at any time inform the Governing Body
that it has taken the steps necessary to comply with the recommendations
of the Commission of Enquiry or with those in the decision of the Permanent
Court of International Justice, as the case may be, and may request it to
apply to the Secretary-General of the League to constitute a Commission of
Enquiry to verify its contention. In this case the provisions of Articles
412, 413, 414, 415, 417 and 418 shall apply, and if the report of the Com-
mission of Enquiry or the decision of the Permanent Court of International
Justice is in favour of the defaulting Government, the other Governments.
shall forthwith discontinue the measures of an economic character that they
have taken against the defaulting Government.

Cuaprer III.
GENERAL.
ARTICLE 421.

The Members engage to apply conventions which they have ratified in
accordance with the provisions of this Part of the present Treaty to their
colonies, protectorates and possessions which are not fully self-governing.

(1) Except where owing to the local conditions the convention is inappli-
cable, or

(2) Subject to such modifications as may be necessary to adapt the
convention to lccal conditions.

And each of the Members shall notify to the International Labour Office the
action taken in respect of each of its colonies, protectorates and possessions
which are not fully self-governing.

ARTICLE 422.

Amendments to this Part of the present Treaty which are adopted by the
Conference by a majority of two-thirds of the votes cast by the Delegates
present shall take effect when ratified by the States whose representatives
compose the Council of the League of Nations and by three-fourths of the
Members.

ARTICLE 423.

Any question or dispute relating to the interpretation of this Part of the
present Treaty or of any subsequent convention concluded by the Members
in pursuance of the provisions of this Part of the present Treaty shall be
referred for decision to the Permanent Court of International Justice.
TREATY OF PEACE - 649

Cuaprer IV.
TRANSITORY PROVISIONS.
ARTICLE 424.

The first meting of the Conference shall take place in October, 19109.
The place and agenda for this meeting shall be as specified in the Annex
hereto.

Arrangements for the convening and the organisation of the first meeting
of the Conference will be made by the Government designated for the
purpose in the said Annex. That Government shall be assisted in the
preparation of the documents for submission to the Conference by an
International Committee constituted as provided in the said Annex.

The expenses of the first meeting and of all subsequent meetings held
before the League of Nations has been able to establish a general fund,
other than the expenses of Delegates and their advisers, will be borne by
the Members in accordance with the apportionment of the expenses of the
International Bureau of the Universal Postal Union.

ARTICLE 425.

Until the League of Nations has been constituted all communications which
under the provisions of the foregoing Articles should be addressed to the
Secretary-General of the League will be preserved by the Director of the
International Labour Office, who will transmit them to the Secretary-
General of the League.

. ARTICLE 426.

Pending the creation of a Permanent Court of International Justice disputes
which in accordance with this Part of the present Treaty would be submitted
to it for decision will be referred to a tribunal of three persons appointed
by the Council of the League of Nations.

ANNEX.
FIRST MEETING OF ANNUAL, LABOUR CONFERENCE, 1919.

The place of meeting will be Washington.

The Government of the United States of America is requested to convene
the Conference.

The International Organising Committee will consist of seven Members,
appointed by the United States of America, Great Britain, France, Italy,
Japan, Belgium and Switzerland. The Committee may, if it thinks necessary,
invite other Members to appoint representatives.

Agenda:

(1) Application of principle of the 8-hours day or of the 48-hours week.

(2) Question of preventing or providing against unemployment.
650 INTERNATIONAL RELATIONS

(3) Women’s employment:
(a) Before and after child-birth, including the question of mater-
nity benefit ;
(b) During the night;
(c) In unhealthy processes.
(4) Employment of children:
(a) Minimum age of employment;
(b) During the night;
(c) In unhealthy processes.

(5) Extension and application of the International Conventions adopted at
Berne in 1906 on the prohibition of night work for women employed in
industry and the prohibition of the use of white phosphorus in the manu-
facture of matches.

Section II.
GENERAL PRINCIPLES.
ARTICLE 427.

The High Contracting Parties, recognising that the well-being, physical,
moral and intellectual, of industrial wage-earners is of supreme international
importance, have framed, in order to further this great end, the permanent
machinery provided for in Section I and associated with that of the League
of Nations.

They recognise that differences of climate, habits and customs, of economic
opportunity and industrial tradition, make strict uniformity in the conditions
of labour difficult of immediate attainment. But, holding as they do, that
labour should not be regarded merely as an article of commerce, they think
that there are methods and principles for regulating labour conditions which
all industrial communities should endeavour to apply, so far as their special
circumstances will permit.

Among these methods and principles, the following seem to the High Con-
tracting Parties to be of special and urgent importance:

First—The guiding principle above enunciated that labour should not be
regarded merely as a commodity or article of commerce.

Second.—The right of association for all lawful purposes by the employed
as well as by the employers.

Third—The payment to the employed of a wage adequate to maintain a
reasonable standard of life as this is understood in their time and country.

Fourth—The adoption of an eight hours day or a forty-eight hours week
as the standard to be aimed at where it has not already been attained.

Fifth—The adoption of a weekly rest of at least twenty-four hours,
which should include Sunday wherever practicable.

Sixth—The abolition of child labour and the imposition of such limitations
on the labour of young persons as shall permit the continuation of their
education and assure their proper physical development.
TREATY OF PEACE 651

Seventh—The principle that men and women should receive equal re-
muneration for work of equal value.

Eighth—The standard set by law in each country with respect to the
conditions of labour should have due regard to the equitable economic treat-
ment of all workers lawfully resident therein.

Ninth.Each State should make provision for a system of inspection in
which women should take part, in order to ensure the enforcement of the
laws and regulations for the protection of the employed.

Without claiming that these methods and principles are either complete or
final, the High Contracting Parties are of opinion that they are well fitted to
guide the policy of the League of Nations; and that, if adopted by the
industrial communities who are members of the League, and safeguarded in
practice by an adequate system of such inspection, they will confer lasting
benefits upon the wage-earners of the world.

Parr XIV.
GUARANTEES.
Section I.
WESTERN EUROPE.
ARTICLE 428.

As a guarantee for the execution of the present Treaty by Germany, the
German territory situated to the west of the Rhine, together with the bridge-
heads, will be occupied by Allied and Associated troops for a period of fifteen
years from the coming into force of the present Treaty.

ARTICLE 420.

If the conditions of the present Treaty are faithfully carried out by
Germany, the occupation referred to in Article 428 will be successively
restricted as follows:

(1) At the expiration of five years there will be evacuated: the bridge-
head of Cologne and the territories north of a line running along the
Ruhr, then along the railway Jiilich, Duren. Euskirchen, Rheinbach, thence
along the road Rheinbach to Sinzig, and reaching the Rhine at the confluence
with the Ahr; the roads, railways and places mentioned above being
excluded from the area evacuated.

(2) At the expiration of ten years there will be evacuated: the bridge-
head of Coblenz and the territories north of a line to be drawn from the
intersection between the frontiers of Belgium, Germany and Holland,
running about from 4 kilometres south of Aix la-Chapelle, then to and
following the crest of Forst Gemiind, then east of the railway of the Urft
Valley, then along Blankenheim, Valdorf, Dreis, Ulmen to and following the
652 INTERNATIONAL RELATIONS

Moselle from Bremm to Nehren, then passing by Kappel and Simmern, then
following the ridge of the heights between Simmern and the Rhine and
reaching this river at Bacharach; all places, valleys, roads and railways
mentioned above being excluded from the area evacuated.

(3) At the expiration of fifteen years there will be evacuated: the
bridgehead of Mainz, the bridgehead of Kehl and the remainder of the
German territory under occupation. :

If at that date the guarantees against unprovoked aggression by Germany
are not considered sufficient by the Allied and Associated Governments,
the evacuation of the occupying troops may be delayed to the extent regarded
as necessary for the purpose of obtaining the required guarantees.

ARTICLE 430.

In case either during the occupation or after the expiration of the fifteen
years referred to above the Reparation Commission finds that Germany
refuses to observe the whole or part of her obligations under the present
Treaty with regard to reparation, the whole or part of the areas specified in
Article 429 will be re-occupied immediately by the Allied and Associated
forces,

ARTICLE 431.

If before the expiration of the period of fifteen years Germany complies
with all the undertakings resulting from the present Treaty, the occupying
forces will be withdrawn immediately.

ARTICLE 432.

All matters relating to the occupation and not provided for by the present
Treaty shall be regulated by subsequent agreements, which Germany hereby
undertakes to observe.

Section II.
EASTERN EUROPE.
ARTICLE 433.

As a guarantee for the execution of the provisions of the present Treaty,
by which Germany accepts definitely the abrogation of the Brest-Litovsk
Treaty, and of all treaties, conventions and agreements entered into by her
with the Maximalist Government in Russia, and in order to ensure the
restoration of peace and good government in the Baltic Provinces and
Lithuania, all German troops at present in the said territories shall return to
within the frontiers of Germany as soon as the Governments of the Principal
Allied and Associated Powers shall think the moment suitable, having regard
to the internal situation of these territories. These troops shall abstain from
all requisitions and seizures and from any other coercive measures, with a
TREATY OF PEACE 653

view to obtaining supplies intended for Germany, and shall in no way interfere
with such measures for national defence as may be adopted by the Pro-
visional Governments of Esthonia, Latvia and Lithuania.

No other German troops shall, pending the evacuation or after the evacua-~
tion is complete, be admitted to the said territories.

PART XV.
MISCELLANEOUS PROVISIONS.
ARTICLE 434.

Germany undertakes to recognise the full force of the Treaties of Peace
and Additional Conventions which may be concluded by the Allied and
Associated Powers with the Powers who fought on the side of Germany and
to recognise whatever dispositions may be made concerning the territories of
the former Austro-Hungarian Monarchy, of the Kingdom of Bulgaria and
of the Ottoman Empire, and to recognise the new States within their
frontiers as there laid down.

ARTICLE 435.

The High Contracting Parties, while they recognize the guarantees
stipulated by the Treaties of 1815, and especially by the Act of November
20, 1815, in favour of Switzerland, the said guarantees constituting inter-
national obligations for the maintenance of peace, declare nevertheless
that the provisions of these treaties, conventions, declarations and other
supplementary Acts concerning the neutralized zone of Savoy, as laid down
in paragraph 1 of Article 92 of the Final Act of the Congress of Vienna and
in paragraph 2 of Article 3 of the Treaty of Paris of November 20,,1815, are
no longer consistent with present conditions. For this reason the High Con-
tracting Parties take note of the agreement reached between the French
Government and the Swiss Government for the abrogation of the stipula-
tions relating to this zone which are and remain abrogated.

The High Contracting Parties also agree that the stipulations of the
Treaties of 1815 and of the other supplementary Acts concerning the free
zones of Upper Savoy and the Gex district are no longer consistent with
present conditions, and that it is for France and Switzerland to come to an
agreement together with a view to settling between themselves the status
of these territories under such conditions as shall be considered suitable by
both countries.

ANNEX.

I
The Swiss Federal Council has informed the French Government on May
5, 1919, that after examining the provisions of Article 435 in a like spirit
of sincere friendship it has happily reached the conclusion that it was possible
654 INTERNATIONAL RELATIONS

to acquiesce in it under the following conditions and reservations:

(1) The neutralized zone of Haute-Savoie:

(a) It will be understood that as long as the Federal Chambers have not
ratified the agreement come to between the two Governments concerning
the abrogation of the stipulations in respect of the neutralized zone of Savoy,
nothing will be definitively settled, on one side or the other, in regard to this
subject.

(b) The assent given by the Swiss Government to the abrogation of the
above-mentioned stipulations presupposes, in conformity with the text adopted,
the recognition of the guarantees formulated in favour of Switzerland by
the Treaties of 1815 and particularly by the Declaration of November 20, 1815.

(c) The agreement between the Governments of France and Switzerland
for the abrogation of the above-mentioned stipulations will only be con-
sidered as valid if the Treaty of Peace contains this Article in its present
wording. In addition the Parties to the Treaty of Peace should endeavour
to obtain the assent of the signatory Powers of the Treaties of 1815 and of
the Declaration of November 20, 1815, which are not signatories of the
present Treaty of Peace.

(2) Free zone of Haute-Savoie and the district of Gex:

(a) The Federal Council makes the most express reservations to the
interpretation to be given to the statement mentioned in the last paragraph
of the above Article for insertion in the Treaty of Peace, which provides that
“the stipulations of the Treaties of 1815 and other supplementary acts
concerning the free zones of Haute-Savoie and the Gex district are no longer
consistent with present conditions.” The Federal Council would not wish
that its acceptance of the above wording should lead to the conclusion that it
would agree to the suppression of a system intended to give neighbouring
territory the benefit of a special régime which is appropriate to the
geographical and economical situation and which has been well tested.

In the opinion of the Federal Council the question is not the modification of
the customs system of the zones as set up by the Treaties mentioned above,
but only the regulation in a manner more appropriate to the economic con-
ditions of the present day of the terms of the exchange of goods between
the regions in question. The Federal Council has been led to make the
preceding observations by the perusal of the draft Convention concerning
the future constitution of the zones which was annexed to the note of
April 26 from the French Government. While making the above reserva-
tions the Federal Council declares its readiness to examine in the most
friendly spirit any proposals which the French Government may deem it
convenient to make on the subject.

(b) It is conceded that the stipulations of the Treaties of 1815 and other
supplementary acts relative to the free zones will remain in force until a
new arrangement is come to between France and Switzerland to regulate
matters in this territory.
TREATY OF PEACE 655

Il

The French Government have addressed to the Swiss Government, on
May 18, 1919, the following note in reply to the communication set out in the
preceding paragraph:

In a note dated May 5 the Swiss Legation in Paris was good enough to
inform the Government of the French Republic that the Federal Government
adhered to the proposed Article to be inserted in the Treaty of Peace
between the Allied and Associated Governments and Germany.

The French Government have taken note with much pleasure of the
agreement thus reached, and, at their request, the proposed Article, which
had been accepted by the Allied and Associated Governments, has been
inserted under No. 435 in the Peace conditions presented to the German
Plenipotentiaries.

The Swiss Government, in their note of May 5 on this subject, have ex-
pressed various views and reservations.

Concerning the observations relating to the free zones of Haute-Savoie
and the Gex district, the French Government have the honour to observe
that the provisions of the last paragraph of Article 435 are so clear that
their purport cannot be misapprehended, especially where it implies that no
other Power but France and Switzerland will in future be interested in that
question. /

The French Government, on their part, are anxious to protect the interests
of the French territories concerned, and, with that object, having their
special situation in view, they bear in mind the desirability of assuring them
a suitable customs régime and determining, in a manner better suitdd to
present conditions, the methods of exchanges between these territories and
the adjacent Swiss territories, while taking into account the reciprocal
interests of both regions.

It is understood that this must in no way prejudice the right of France
to adjust her customs line in this region in conformity with her political
frontiers, as is done on the other portions of her territorial boundaries, and
as was done by Switzerland long ago on her own boundaries in this region.

The French Government are pleased to note on this subject in what a
friendly disposition the Swiss Government take this opportunity of declaring
their willingness to consider any French proposal dealing with the system
to be substituted for the present régime of the said free zones, which the
French Government intend to formulate in the same friendly spirit.

Moreover, the French Government have no doubt that the provisional
maintenance of the régime of 1815 as to the free zones referred to in the
above-mentioned paragraph of the note from the Swiss Legation of May 5,
whose object is to provide for the passage from the present régime to the
conventional régime, will cause no delay whatsoever in the establishment of
the new situation which has been found necessary by the two Governments.
This remark applies also to the ratification by the Federal Chambers, dealt
with in paragraph 1 (a), of the Swiss note of May 5, under the heading
“Neutralized zone of Haute-Savoie.”
656 INTERNATIONAL RELATIONS

ARTICLE 436.

The High Contracting Parties declare and place on record that they have
taken note of the Treaty signed by the Government of the French Republic
on July 17, 1918, with His Serene Highness the Prince of Monaco defining the
relations between France and the Principality.

ARTICLE 437.

The High Contracting Parties agree that, in the absence of a subsequent
agreement to the contrary, the Chairman of any Commission established by
the present Treaty shall in the event of an equality of votes be entitled to a
second vote.

ARTICLE 438.

The Allied and Associated Powers agree that where Christian religious
missions were being maintained by German societies or persons in territory
belonging to them, or of which the government is entrusted to them in
accordance with the present Treaty, the property which these missions or
missionary societies possessed, including that of trading societies whose
profits were devoted to the support of missions, shall continue to be
devoted to missionary purposes. In order to ensure the due execution of this
undertaking the Allied and Associated Governments will hand over such
property to boards of trustees appointed by or approved by the Governments
and composed of persons holding the faith of the Mission whose property
is involved.

The Allied and Associated Governments, while continuing to maintain
full control as to the individuals by whom the Missions are conducted, will
safeguard the interests of such Missions.

Germany, taking note of the above undertaking, agrees to accept all arrange-
ments made or to be made by the Allied or Associated Government concerned
for carrying on the work of the said missions or trading societies and
waives all claims on their behalf.

ARTICLE 430.

Without prejudice to the provisions of the present Treaty, Germany
undertakes not to put forward directly or indirectly against any Allied or
Associated Power, signatory of the present Treaty, including those which
without having declared war, have broken off diplomatic relations with the
German Empire, any pecuniary claim based on events which occurred at any
time before the coming into force of the present Treaty.

The present stipulation will bar completely and finally all claims of this
nature, which will be thenceforward extinguished, whoever may be the
parties in interest.
TREATY OF PEACE 657

ARTICLE 440.

Germany accepts and recognises as valid and binding all decrees and
orders concerning German ships and goods and all orders relating to the
payment of costs made by any Prize Court of any of the Allied or
Associated Powers, and undertakes not to put forward any claim arising
out of such decrees or orders on behalf of any German national.

The Allied and Associated Powers reserve the right to examine in such
manner as they may determine all decisions and orders of German Prize
Courts, whether affecting the property rights of nationals of those Powers
or of neutral Powers. Germany agrees to furnish copies of all the documents
constituting the record of the cases. including the decisions and orders made,
and to accept and give effect to the recommendations made after such
examination of the cases.

THE PRESENT TreATY, of which the French and English texts are both
authentic, shall be ratified.

The deposit of ratifications shall be made at Paris as soon as possible.

Powers of which the seat of the Government is outside Europe will be
entitled merely to inform the Government of the French Republic through
their diplomatic representative at Paris that their ratification has been given;
in that case they must transmit the instrument of ratification as soon as
possible.

A first procés-verbal of the deposit of ratifications will be drawn up as soon
as the Treaty has been ratified by Germany on the one hand, and by three of
the Principal Allied and Associated Powers on the other hand.

From the date of this first procés-verbal the Treaty will come into force
‘between the High Contracting Parties who have ratified it. For the determi-
nation of all periods of time provided for in the present Treaty this date
will be the date of the coming into force of the Treaty.

In all other respects the Treaty will enter into force for each Power at
the date of the deposit of its ratification.

The French Government will transmit to all the signatory Powers a
certified copy of the procés-verbaux of the deposit of ratifications.

IN FAITH WHEREOF the above-named Plenipotentiaries have signed
the present Treaty.

Done at Versailles, the twenty-eighth day of June, one thousand nine
hundred and nineteen, in a single copy which will remain deposited in the
archives of the French Republic, and of which authenticated copies will be
transmitted to each of the Signatory Powers. (1)

 

(1) Senate Document No. 49, 66th Congress, Ist Session.
INDEX

Abraham’s migration from Ur, 4.
Adams Message of President con-
cerning West Indian pirates, 216.
Address of articles sent by inter-

national post, Change of, 157.

Aerial navigation, Provisions of
Peace Treaty concerning, 617.

African slave trade, General Act for
repression of the, 118.

Air as international property, 233.

Air forces, Germany prohibited from
maintaining, 547.

Air, Warfare in the, 313.

Aix-la-Chapelle, Peace of, 77.

Alabama Claims, Arbitration of, 242.

Alabama Claims, Award of Arbitra-
‘tors on, 247.

Alaskan boundary, Settlement of, 253.

Alexander, Despotisms following the
conquests of, 13.

Algeciras, General Act of, 144, 434.

Aliens, Who are, 36, 41.

Aliens, Naturalization of
United States, 32.

Aliens, Rights of to sue and be sued
and to hold property, 37, 40.

Aliens are subject to the municipal
law of the place of their sojourn,
37, 40. ;

Alliances preceding, during and fol-
lowing the great war, 449.

Alsace-Lorraine, Bridges over the
Rhine in, to be French property,

Or.

dt Dewtae. Nationality of in-
habitants of, 498-506.

Alsace-Lorraine restored to France
to frontier of 1871, 498.

Ambassadors, Ancient and modern
customs concerning, 53.

Ambassadors, Privileges of, 54.

Ambassadors, Right of governments
to refuse to receive, 54.

American Republics, Convention of
concerning inventions, patents, de-
signs and industrial models, 370.

American Republics Convention of
concerning literary and artistic
copyright, 364.

in the

American Republics, Pecuniary
Claims, convention of, 363.

American Republics, Trade-marks,
convention of, 366.

Ambulances neutralized by Geneva
convention, 94.

Amphyctionic League, Principles of
the, 14.

Ancona, Sinking of the, by Austrian
submarine, 311.

Arabic, Sinking of the, by subma-
rine, 311.

Arbitral Tribunal, Mixed, provided
by Peace Treaty, 610.

Arbitration of Alabama Claims, 242.

Arbitration, Award of Emperor of
Russia, 241.

Arbitration of disputes between Great
Britain and the United States, 240:

Arbitration of disputes under Radio-
telegraph Convention, 419.

Arbitration of the Fur Seal disputes,
252.

Arbitration of claims for contract
debts, 281, 363.

Arbitration, Permanent Court of pro-
vided by first Hague Conference,
250.

Arbitration, Settlement of interna-
tional disputes by, 236.

Arbitration treaties, 426.

Arbitration of disputes in the Uni-
versal Postal Union, 163.

Arbitrators, Modes of selecting, 272,

277.

Aristotle, Views of, concerning the
composition of a state, 3.

Armament of Germany, Treaty limi-
tations on, 536.

Armaments, Council of League of
Nations to make plans for reduc-
tion of, 474.

Armistice ending the great war, 452.

Armistices, Provisions of Hague Con-
vention concerning, 298.

Arms, &c., surrendered by Germany,
537:

Asiatic governments, Ancient thories
of, 13.
660

Assistance to be given to vessel in
distress, 200, 219.

Austria, Provisions of Peace Treaty
concerning independence of, 507.
Austria-Hungary, Refusal of, to arbi-

trate with Servia, 274.
Austrian Succession, War of the, 77.
Award on Alabama claims, 247.
Award of Emperor of Germany in
boundary dispute, 246.
Awards in Permanent Court of Arbi-
tration, 272.

Balance of Power in Europe, 75.

Balance of power, Failure of, as a
means of preserving peace, 81, 458.

Balloons, Discharge of explosives
from prohibited by Hague Conven-
tion, 300.

Baltic, Passages to, not to be forti-
fied, 546.

Bed of the Sea, Property in, 228.

Behring Sea controversy, 252.

Belgian nationality, Option for al-
lowed by Peace Treaty, 486.

Belgium, Archives of, to be re-
stored by Germany, 486

Belgium, Commission to establish
boundaries of, 486.

Belgium, Status and boundaries of,
under Peace Treaty, 485.

Belgium, Violation of neutrality of,
by Germany, 306.

Belligerents, Rights of over hospital
ships, 320.

Belligerents, Rights of, over mer-
chant ships, 321.

Belligerents, Qualifications of, 293.

Blockade, Violation of a, exposes a
neutral ship to capture, 177.

Blockade, Declaration of London con-
cerning, 327.

Blockade of German and neutral
ports, 300.

Boats engaged in picking up ship-
wrecked and wounded neutralized,

97.

Boats, Open, to show lights, 182.

Bombardment of undefended towns
&c. prohibited, 297, 318.

Bombardment by naval forces, Pro-
visions of Hague convention con-
cerning, 318.

Bonds to be issued by Germany and
delivered to Reparation Commis-
sion, 562.

INDEX

Boundary between United States and
British Possessions, Treaties con-
cerning, 242, 253.

Boxer indemnities under treaty with
China, 138.

ora Establishment of independence
of, 82.

Brazil, Germany to pay, for San
Paolo coffee, 580.

British Colonies and possessions, Re-
lations of to the Empire, 34.

British Empire, a single sovereignty,

30.

Bulkheads in ships, 194.

Bureau. of International
Union, 163.

Bureau International pour la protec-
tion de la Proprieta industrielle,
377.

Bureau, International, under direction
of the League of Nations, 480.

Bureaus, American trade-mark at Ha-
bana and Rio de Janeiro, 368.

Postal

Capture, Right of, in naval war, 322,
332.

Caravans, Interception of slaves in,
123.

Cargo, Manifest of, to be delivered
to collector before clearance, 177.
Central American Court of, Judica-

ture, 360.
Central American treaties of 1907,

360.
Chattels, Title to and inheritance of,

39-

‘China, Boxer treaty with, 138.

a Germany -renounces rights in,
528.

Chinese governmental theories, 14.

Cholera, Notification required of ap-
pearance of, 383.

Cholera, Measures to be taken con-
cerning, 390.
Citizen of one state entitled to privi-
leges of all in United States, 33.
Citizenship of husband carries with
it that of wife, 32.

Citizenship, Option of, between Bel-
gium and Germany, 486

Claims of citizens against foreign
states, Diplomatic action on discre-
tionary, 59.

‘Clearance of ships, Requirements of,
177.

Clearing Offices to collect debts in
treaty countries, 591.
INDEX

Cleveland, Assertion of Monroe doc-
trine by President, 88.

Coal to be delivered by Germany to
France, Belgium and Italy under
treaty, 570.

Coastal wireless telegraph stations,
416.

Collisions at sea, Duty of masters to
render assistance in case of, 180.
Collisions at sea, International rules

for the prevention of, 178-186.

Combination of nations induced by
the war, 451.

Commission, Belgian boundary, 486.

Commission on boundaries of Dan-
zig, 519. :

Commission on boundaries between
Germany and Denmark, 522.

Commission on boundaries between
Germany and Poland, 510.

Commission, Central, of the Rhine,
501.

Commission of Control, Duties of
Interallied, 510.

Commission, European, of the Dan-

ube, 627.

Commission, International, of the
Elbe, 625.

‘Commission, International, of the
Oder, 625

Commission of Enquiry in labor ques-
tions, 646.

Commission to advise Council of

League of Nations on Military,
Naval and Air Questions, 474.

Commission to trace boundaries be-
ee Poland and Czecho-Slovakia,
508.

Commission on plebiscite and boun-
daries of Poland, 511.

Commission on plebscite and boun-
daries of East Prussia, 515.

Commission to trace boundaries in
Schleswig, 524.

Commission, Preparation provided
for, in peace treaty, 556.

Commission, Governing, of Saar
Basin, 493.

Common property of all nations, 173.

Congresses and conferences of the
Universal Postal Union, 164.

Congress of Paris of 1856, 80.

Congress of Vienna of 1815, 70.

Consuls, Functions of, 61, 221.

eases Judicial powers of certain,
0.

661

Contaminated area, What to be con-
sidered, 384.

Contraband of war, Conditional, un-
der Declaration of London, 307.
Contraband of war, Rules for deter-

mining what is, 307.
Contraband of war, Provisions of
Declaration of London concerning,

320.

Contracts, prescriptions and judg-
ments, Effects of war on, 603.

Convention, International, General
Act for repression of African Slave
Trade, 118.

Convention, International, General
Act of Algeciras relating to Mo-
rocco Slave trade, 144.

Convention, International, Geneva, of

1864, 94. :

Convention, International, Geneva, of
1868, 96.

Convention, International, Geneva

Red Cross, of 1906, 353.

Convention, International, for adap-
tation of the principles of Geneva
convention to war, 319.

‘Convention, International, relating to
automatic submarine mines, 316.

Convention, International, respecting
bombardment by naval forces, 318.

Convention, International, industrial
property, 374.

Convention, International, establish-
ing International Institute of Agri-
culture, 141.

Convention, International, for inter-
change of official documents, etc.,
114,

Convention, International, for estab-
lishment of an International Prize
Court, 337.

Convention, International, respecting
Laws and Customs of War on
Lnad, 292.

Convention, International, for Limi-
tation of the Employment of Force
for Collection of Debts, 281.

Convention, International, relative to
the Opening of Hostilities, 283.

Convention, International, concerning
Conversion of Merchant- ships into
Warships, 316.

Convention, International, establish-
ing International Office of Public
Health, 145.

Convention,

International, for the
662

Pacific Settlement of International
Disputes, 261. .
Convention, International, respecting
Rights and Duties of Neutrals in

War on Land, 300.

Convention, International, concerning
Rights and Duties of Neutrals in
Naval War, 324.

Convention, International, concerning
salvage at sea, 217.

Convention, International, respecting
status of enemy merchant-ships at
outbreak of war, 315.

Convention, International, relative to
right of capture in naval war, 322.

Convention, International, concerning
Naturalization between American
Republics, 360.

Convention, International, for the Re-
pression of Obscene Publications,
361.

Convention, International, Rules for
Preventing Collisions at Sea, 178.

Convention, International, on Safety
of Life at Sea, 190.

Convention, International, for the
Protection of Submarine Cables,
109.

Converttion, International, for the
Repression of Trade in White Wo-
men, 139.

oe International, Sanitary,
363.

Convention, International, Universal
Postal Union, 151.

‘Convention, International, establish-
ing International Bureau of Weights
and Measures, 100.

Convention, International,
Telegraph, 416.

Conventions continued in force by
Peace Treaty, 585.

Convoy, Vessels under, exempt from
search, 336.

Convoys of evacuation to be treated
as sanitary formations, 356.

Coypright, American literary and ar-

Wireless

tistic, 364.
Court of Arbitration, International,
250.

Court, Permanent, to be established
under Peace Treaty, 475.

Court, Jurisdiction of, Permanent in
labor disputes, 647.

Covenant of League of ‘Nations, 471.

Creditors to notify Clearing office of
claims against enemies, 593.

INDEX

Credits to be allowed Germany on
reparations, 559-575.

Crews, Treatment to be accorded on
captured neutral ships, 323.

Crimean War, 80.

Czecho-Slovak State, Boundaries be-
tween Germany and the, 508.

Czecho-Slovak State, Independence of
the, recognized by Germany, 507.

Czecho-Slovak State Rights of the,
in Hamburg and Stettin, 632.

Damages for which compensation
may be claimed of Germany un-
der Peace Treaty, 559.

Danube declared international in
Peace Treaty, 623.

Danube, Special provisions of Peace
Treaty concerning the, 627.

Danzig, Free city of, established by
Peace Treaty, 519.

Danzig, Constitution to be drawn for,
519.

Danzig to make treaty with Poland
fixing their relations, 520.

Davits, Strength required and opera-
tion of, 202.

Debts between belligerents to be set-
tled through Clearing Offices, 590.

Debts, Portion of German, to be
howe by detached territory, 514-
570.

Debts, Settlement of, between Ger-
mans and Alsace-Lorrainers, 503.
Debts, German, No part of, to be
borne by Alsace-Lorraine, 499.
Declaration of war, International law

concerning, 282.

Declaration of London concerning
laws of naval warfare, 327.

Declaration prohibiting the discharge
of explosives from balloons, 300.

Delaware Indians, Treaty of the
United States with, 72.

Demobilization of Germany, 534.

Denizens, who are, and rights of, 32.

Derelicts, President of United States
authorized to make treaties con-
cerning, 189.

Derelicts, Destruction of, 191.

Detached territory, Public property
in, to pass to power acquiring the
territory, 577.

Detached territory to bear share of
German debts, 514, 576.

Diplomatic functions, Increasing im-
portance of, 57.
INDEX

Diplomatic officers, Classification of,

54.

Diplomatic officers, Who are, in the
United States, 57.

Diplomatic officers, Judicial powers
of, 56, 60.

Diplomatic officers, Termination of
missions of, 57.

Diplomatic corps at each national
capital, 55, 422.

Director of International Bureau of
Weights and Measures, Duties of,
105.

Disinfection of contaminated mer-
chandise, 385.

Distress signals to be given by ves-
sels, 188.

Distress signals not to be given by
vessels unless in distress, 193.

Distress signals, Masters of ships
must respond to, 200.

Distress signals, Priority to be given
to, by Radio stations, 417.

Droit d’aubaine terminated by treat-
ies, 38.

Duties on liquors
Africa, 135, 137.
Duties on exports from Alsace-Lor-
raine to Germany, Exemption from,

502.

Duties on imports from Allied States
to be no more than from others,
580.

Duties on imports levied by different
nations, 212.

Dyestuffs and chemicals to be to Al-
lies by Germany by terms of
treaty, 571.

imported into

East Prussia, Boundaries of, under
Peace Treaty, 484.

East Prussia, Vote to be taken in, on
nationality, 515.

Egypt, Provisions of the Peace Treaty
concerning, 532.

Egyptian pilgrims, Sanitary measures
concerning, 409.

Elbe declared international in Peace
Treaty, 622.

Electrical force, International use of,
231.

Electric supply in Alsace-Lorraine to
be continued, 502.

Emblems of Red Cross formations,
95, 98, 357.

Enemies, defined under terms
Peace Treaty, 606.

of

a

663

Entry of ship’s cargo in foreign port,
2il.

Equatorial Africa, Germany renoun-
ces rights to, 527.

Europe, Fundamental difficulties in
the pacification of, 25, 456.

Europe, Problems of reorganization
in, 18.

European political congresses, 74.

Exchange Stock and Commercial
‘Contracts, Treaty provisions con-
cerning, 605.

Expatriation, Right of, 31.

Expenses of International Bureau of
Universal Postal Union, 168.

Expenses of International Institute
of Agriculture, 143.

Expenses of International Office of
Public Health, 148.

Expenses of International
Court, 343.

Expenses of International Bureau of
Weights and Measures, 102.

Family, The, as the foundation of po-
litical organization, 4.

Final act of Second Hague Confer-
ence, 351.

Financial clauses of Peace Treaty,
574.

Fire-arms, Prohibition of introduc-
tion of, into Africa by General
Act, 120,

Fire protection on ships, 204.

First Hague Conference, Work of
the, 259.

Fisheries, Agreement between the
United States and Great Britain
concerning, 245.

Fisheries, Award of arbitration com-
missioners concerning, 251.

Fisheries, Sea, 224.

Fishing Vessels exempt from capture,
323.

Flag for hospitals under Geneva
convention, 98.

Flag of truce, Protection of, 297.

Flag, Transfer of vessel to neutral,

Prize

334-

Flag, Registry determines the right
to use a national, 176,

Flags, Regulation of use of on Afri-
can coast, 125.

Forcible collection of money de-
mands, 279, 281.

Foreign commerce of the United
States, 27.
664

Fortifications on the Rhine to be dis-
mantled, 540.

France, Dependencies of, 34.

France, Rights of, on the Rhine, 630.

Franco-Prussian dispute of 1870, Re-
fusal to arbitrate, 251.

Free zones in German ports, Peace
Treaty provisions concerning 621.
Fur-seal Fisheries Dispute, Arbi-

tration of, 252.

Gases, Use of poisonous in war, 313.

Gases, Asphyxiating and poisonous,
Germany prohibited from making,
538.

General welfare conventions, 93.

Geneva conventions, 94, 9

German colonies and over-seas pos-
sessions, Renunciation of title to,
526.

German notice of unrestricted sub-
marine operations, 312.

German order not to sink ships with-
out warning, 311.

German state property in Alsace-Lor-
raine to belong to France, 499.

German submarines, Destruction of
shipping by, 313.

Germany, Boundaries of under Peace
Treaty, 481.

Germany, Peace Treaty with, 467.

Ghent, Arbitration of controversy un-
der treaty of, of 1814, 241.

Government responsible to its citi-
zens for foreign claims settled by
it, 50.

Graves, Provisions of Peace Treaty
concerning, 554.

Gravitation as a source of power, 232.

Great Britain, Interception of neu-
tral commerce by, 308.

Greek confederacy Emel under the
leadership of Athens, I2.

Greek philosophers, Views of con-
cerning government, 11.

Grotius, Work of, on international
law, 45.

Guarantees for execution of Peace
Treaty, 651.

Gulflight, Sinking of the, by German
submarine, 310.

Hague Conferences, 256.

Hague Conference, Final Act of the,
351.

Haute-Savoie and Gex, Provisions of
Peace Treaty concerning, 654.

INDEX

Heligoland, Fortifications, etc. of, to
be demolished, 525.

Holy Alliance, Purposes of the, 80.

Hospitals, Hague convention concern-
ing, 318.

Hospitals neutralized by Geneva Con-
vention, 94.

Hospital ships neutralized by Geneva
Convention, 98, 310.

Hostilities, Conduct of, 206.

Icebergs and ice conditions, Treaty
concerning, IOI.

Immigrants, Admission of,
United States, 213.

Indians, Legal status of, in the United
States, 33.

Indians, Number of, in the United
States, 73.

Indians, Treaties with the, 72.

Industrial Property, Conventions of
IQII, 374, 432.

Industrial Property Conventions, 107,
370, 374.

Industrial Property, Peace Treaty
provisions concerning, 612.

Inquiry office for prisoners of war
required by Hague convention, 295.

Instructions to delegates of the
United States to London Confer-
ence, 349.

Insurance, Effects of war on con-
tracts of fire and life, 607.

Insurance, Effects of war on con-
tracts of marine, 609.
Insurance, Social and state, in ceded
territory under Peace Treaty, 617.
Insurance reserves for Alsace-Lor-
rainers held by Germany to be
paid to France, 504.
Intangible property,
Protection of, 382.
International Bureau of Permanent
‘Court of Arbitration, 263.

International Bureau ‘of Telegraph
Union Duties of concerning radio-
telegraphy, 418, 423.

International Bureau Universal
Postal Union, 163, 42

International Bureau of Weights and
Measures, 100, 422.

International Bureau at Zanzibar for
repression of the slave trade, 124,

to the

International

133.
Tnteeaeaal Commission of Inquiry,
262.
INDEX

International Commission of Inquiry,
Report of, 26s..

International Commission of Jurists
of American States, 361.

International conventions, See Con-
vention.

International dealings, Agencies for
the transaction of, 53.

International exchange of official
documents, Convention providing
for, 114.

International governmental establish-
ments, 422.

International Institute of Agriculture,
141.

International Labor Office, 641.
International law, Dawn of, 45.
International law, Early writers on,

47.

International law, Lack of uniform-
ity and binding force of, 48, 52, 349.

International law, Right under of na-
tion to wage war, 40.

International legislation, Progress of,

380.
International Office of Public Health,

145.

International rivers, Provisions of
Peace Treaty concerning, 622.

International rules for preventing col-
lisions at sea, 178, 186.

International transport of goods,
Provisions of Peace Treaty con-
cerning, 622, 633.

International Union for Publication
of Customs Tariffs, 138.

Interned and wounded belligerents in
neutral territory, 301.

Interoceanic canals, Dominion over,
213.

Interpretation of treaties, 70.

Inventions, Protection of, in Ameri-
can Republics, 370.

Japan, Treaty of 1855 of the United
States with, 82.

Japan given rights of Germany in
Kiaochow by Peace Treaty, 534.
Jefferson, Views of, on Monroe doc-

trine, 84.
Jews, Settlement of the, in Palestine,

5.

Judgments, appeals and prosecutions
in Alsace-Lorraine, 503.

Judgments, Effects of war on, 605.

Judges of the International Prize
Court, 338, 346.

665

Judicial powers of diplomatic and
consular officers, 56, 60.

Kehl, Provisions concerning the port

of, Sor.

Kiaochow, Provisions of Peace
Treaty concerning, 533.

Kiel canal, Provisions of Peace

Treaty concerning, 637.
Koran of Othman to be restored to
King of Hedjaz, 573.

Labor Conference provided for by
Peace Treaty, First meeting of, 649.

Labor Office provided for by Peace
Treaty, 640.

Labor, Provisions of Peace Treaty
concerning organized, 639.

Lacedaemon, Military character of
organization of, II.

Land, Aliens incapable of acquiring,

38.

Land, Public and private dominion
over, 38, 173.

Land, Theories of title to, 38, 173.

Laws and customs of war on land,
284.

Laws and customs of war on the sea,

303.

League of Nations, Action to be
taken by in case of threat of or
resort to war, 474.

League of Nations, Amendment of
Covenant of, 480.

League of Nations, Arbitrations of
disputes in, 475.

League of Nations, Assembly of, 472.

League of Nations authorized to re-
vise certain provisions of Peace
Treaty, 637.

League of Nations, Council of, 472.

League of Nations, Council of, to
make plans for International Court
of Justice, 475.

League of Nations, Council of, to
choose Commissioners to govern
Saar Basin, 493.

League of Nations, Council of, to de-
cide on return of Saar Basin, 496.

League of Nations, Disputes of, with
non-members, 477.

League of Nations, Disputes in, to
be submitted to Council, 476.

League of Nations, Drafts of Cove-
nant of, 457.

League of Nations, Government of
Saar Basin by, 489.
666

League of Nations, Members of, 472-
481.

League of Nations, Permanent Secre-
tariat of, 473.

League of Nations,
armaments by, 474.

League of Nations,
Geneva, 473.

League of Nations, Territorial in-
tegrity of members of guaranteed,
474.

League of Nations, Treaties to be
registered with Secritariat of, 478.

League of Nations, Undertakings and
duties assumed by, 477.

League of Nations,
from, 472.

Liberia, Provisions of Peace Treaty
concerning, 530.

Life-boats and rafts, Handling of,
202.

Life-saving appliances required to be
carried by ships, 201.

Life-saving service, 221.

Lights to be carried by steam-vessels,
178.

Lights to be carried by sailing-ves-
sels, 180.

2 to be carried by pilot boats,
181.

Limitation of right of action, Effects
of war on, 604.

Lincoln, Message of President con-
cerning international postal confer-
ence, 439.

Liquidation of claims for and against
Germany and its nationals, 593.
Literary and artistic copyright, Con-
vention of American Republics

concerning, 364.

Live stock to be delivered by Ger-
many to France and Belgium, 5609.

Louvain, Restitution to be made to
University of, under Peace Treaty,

Reduction of

Seat of, at

Withdrawal

574. hada
Lusitania, Sinking of the, by Ger-

mans, 310.

Luxemburg, Provisions of Peace
Treaty concerning, 487.

Mails, Articles prohibited from

transportation in the, 160

Mails, Conveyance of, between con-
tiguous countries, I51.

Mails to countries outside the Postal
Union, 161.

INDEX

Mails, Exchange of with warships,
160.

Mails, Transit rates for carrying, 152.

Mandatories under League of Na-
tions, 479. :

Manifest of cargo to be delivered to
collector before clearance, 177.

Manu, Laws of war in Code of, 15.

Manufacturing of arms by Germany
limited by Peace Treaty, 537.

Master of ship must respond to dis-
tress signal, 200.

Master of ship must assist everybody
in danger at sea, 219.

Master of ship must deposit register,
etc., with consul, 211.

ae of Red Cross formations,
350.

Maximilian as emperor of Mexico,

Mediation, Value of, in settlement of
disputes, 237.

Mediation of international disputes,
Provisions of Hague convention
concerning, 261.

Merchandise, Disinfection of con-
taminated, 385.

Merchandise not to be detained at
ports or frontiers, 387.

Merchant-ships, Conversion of, into
warships, 316.

Merchant-ships, Status of, at out-
break of war, 315.

Metric system of weights and meas-
ures, 99.

Metric system in the United States,

431.
Mexico, Maximilian as emperor of,

Migrations of citizens, subjects and
aliens subject to governmental con-
trol, 31.

Military authority in hostile state,
290.

Military establishments in Germany,
Maximum units allowed, 534-541.

Military schools in Germany, Limita-
tions on, 539.

Military training in Germany, Re-
strictions on, 538.

Mines, Automatic submarine laying
of, 316,

Mines, Germany to sweep up, 546.

Mixed Arbitral Tribunal provided
for by Peace Treaty, 610.

Models and designs, Protection of
property in, 374.
INDEX

Monroe, Message of President, an-
nouncing the Monroe doctrine, 85.

Monroe doctrine, Jefferson’s views
concerning the, 84.

Monroe doctrine, Assertion of the,
by President Cleveland, 88.

Monroe doctrine not affected by
League of Nations Covenant, 478.

Monroe, Message of President, con-
cerning West Indian pirates, 215.

Morocco, General act of Algeciras
concerning, 144.

Morocco, Germany renounces rights
in, under General Act of Algeciras,
530.

Morocco, Provisions of the Peace
Treaty concerning, 531.

Mortgages, Lien of German, given
before war preserved, 606.

Moselle, Treaty provisions concern-
ning, 628. >

Moses Springs, Surveillance over and
disinfection of ships at, 306.

Muster roll and drills on ships, 204.

Mussulman-pilgrim ships from the
North to Hedjaz, 409.

Nation, Composition of the, 29.

National expansion, 442.

Nationality determined by place of
birth, 30.

Nationality of ship determined by
registry, 176.

Nationals of Allied and Associated
Powers not to be discriminated
against, 584.

Naturalization of parents naturalizes
-minor children, 32.

Naturalization treaty between Ameri-
can Republics, 360.

Naval forces of Germany, Limita-
tions placed on by Peace Treaty,

542.

Naval war, Adaptation of princi-
ples of Geneva Convention to, 319.

Naval war. Declaration of London
concerning laws: of, 327.

Navigable rivers, Control of, 213.

Navigation of the sea, 176.

Navigation, Provisions of the Peace
Treaty concerning, 621.

Navy, Personnel of the German un-
der terms of Peace Treaty, 543,
546. :

Negotiable instruments, Effects of
war on, 605.

667

Negro passengers, Regulations con-
cerning on African coast, 126.

Netherlands, Possessions of the, 35.

Neutral ports, Belligerents not to use,
324.

Neutrals, Agreement of United States
and Great Britain as to duties of,

244.

Neutrals, Rights and duties of in
naval war, 324.

Neutrals, Rights and duties of, in
war on land, 300.

Neutrals, Who are, 302.

Neutral vessels, Seizure of, for un-
neutral acts, 333.

Niemen river declared international
in Peace Treaty, 623.

North Sea fisheries, Regulation of
use of, 224.

Notice to travelers given by Ger-
many before sinking the Lusitania,

310.
Nystadt, Peace of, 77.

Obscene publications, Convention for
repression of circulation of, 361.
Oder river declared international in

Peace Treaty, 623.
Openings in ships’ sides, Regulations
concerning, 195.
Opium Convention, Provisions of
Peace Treaty concerning, 590.
Option in Belgium for German na-
tionality, 486.
Option of nationality
Slovakia, 508.
Option of nationality in Danzig, 520.
Option of nationality in Poland, 514.
Option of nationality in Schleswig,

in Czecho-

524.
Oriental and far eastern countries,
Sanitary measures in, 394.

Paris, Treaty of, of 1763, 77.

Paris, Treaty of, of 1856, 238.

Passports for foreign travel, Issuance
of, 213.

Patents, Convention of American Re-
publics concerning, 370.

Patents, Provisions of Industrial
Property ‘Convention concerning,
374.

Payments for property taken, de-
stroyed, etc., Provisions of Peace
Treaty, concerning, 556.

Peace conferences of Paris, Composi-
tion of the, 452.
668

Peace of Westphalia, 74.

Pecuniary claims, ‘Convention of
American Republics concerning,
363.

Penalties for violation of the Sani-
tary Convention, 412.

Pensions in Saar Basin, Rights to
preserved, 491.

Permanent Court of Arbitration, Ad-
ministrative Council of, 268.

Permanent Court of Arbitration es-
tablished at The Hague, 259, 266.

Permanent Court of Arbitration,
Procedure before the, 269.

Permanent Court of International
Justice to be established by League
of Nations, 475.

Permanent Court of International
Justice, Jurisdiction of, in labor
matters, 647.

Persia, Measures concerning
trade taken by Shah of, 132.

Persian Gulf, Sanitary measures in
the, Aor. “

Personnel of Red Cross formations,
Rights of, 355.

Pharmacopoeial formulas,
ment concerning, 145.

Philippine Islands, People of, not
citizens of the United States, 33.

Pilgrimage season, Sanitary meas-
ures to be taken in, 402.

Pilgrim ships, Sanitary arrangements
of, 403.

Pilgrim ships, Sanitary measures to
be taken before departure of, 404.

Pilgrim ships, Sanitary measures to
be taken during passage of, 405.

Pilgrim ships bound north from
Hedjaz, 398.

Pilgrims in Red Sea, Measures to be
taken on arrival of, 407.

Pillage of a town or place prohibited,
207.

Piracy, Definition of, 214.

Pirates, Norse Dane and West In-
dian, 215.

Plague, Notification to be given of
appearance of, 383.

Plague, Ships subject to measure to
prevent spread of, 388. -

Poland, Boundaries of, 509.

Poland, Independence of recognized,

slave

Agree-

500.

Poland, Partition of, 78.

Porto Rico, People of, not citizens of
the United States, 33.

INDEX

Ports, Contaminated, Departure of
vessels from, 304.

Ports, waterways, and _ railways,
Peace Treaty provisions concern-
ing, 619.

Political questions, Settlement of, 275.

Postage, International rates of, 154.

Postage on international mails kept
by receiving country, 159.

Postage, Prepayment of, 158.

Postage, registration charges, 155.

Postage stamps, Counterfeit, 162.

Postal Congresses, 440.

Postal correspondence on ships in-
violable, 322.

Postal Systems, Early, 150.

Postal service, Development of the,

437.

Postal Union, First steps in the or-
ganization of the, 4309.

Postal Union, The Universal, 150.

Postal Union, Colonies and protecto-
rates included in, 165.

Postal Union, Final protocol of con-
vention establishing the, 166.

Postal Union, Special agreements be-
tween administrations in, 162.

Postal Union, Referendum vote on
proposals in, 165.

Post cards, International use of, 158.

Postmaster-general given power to
make postal treaties, 171.

Potash mines in Alsace-Lorraine, 503.

Prescriptions, Effect of war on, 604.

Prisoners of war International mes-
sages of, free from postage, 158.

Prisoners of war, Provisions of Peace
Treaty concerning, 552.

Prisoners of war, Treatment of, 284,
203.

Prize court, International convention
for establishment of, 337.

Prize courts, Decrees of, accepted by
Germany, 657.

Prize courts, Appeals from national
to International, 337.

Prizes, Neutral, not to be destroyed,
334.
Prizes, not to be held in neutral
ports, 324.
Proceedure in
Court, 341.
Procedure in Permanent Court of
Arbitration, 268.

Property rights and contracts in
Germany and in Allied countries,
Settlement of, 596.

International Prize
7 INDEX

Protocol Additional, to International
Prize Court Convention, 347.

Protocol, Final, to Industrial Prop-
erty Convention, 379.

Prototypes of metér and kilogram de-
posited with Bureau of Weights
and Measures, 100.

Public Utilities, Interests of German
nationals in certain foreign, 579.

Quarantine, Land, not to be estab-
lished under Sanitary Convention,

393-
Quarantine, Passage through Suez
Canal in, 399.

Radiograms to be forwarded by coas-
tal stations, 419.

Radiotelegraph installation required
on ships, 167.

Radiotelegraph, Conventions relating
to the use of the, 416.

Railways in Alsace-Lorraine trans-
ferred to France, 502.

Railway lines ceded by Germany in
Peace Treaty, 635.

Ratification of treaties, 65.

Rats, Measures concerning plague
stricken, 380.

Red Cross Convention of 1906, 353..

Red Cross flag and brassard, 95, 98.

Red Cross, League of Nations to pro-
mote organization of, 480.

Red Sea, Sanitary measures in, 395,

408.

Referendum vote on proposals in
Universal Postal Union, 16s.

Reforwarding undelivered interna-
tional mail, 160.

Registered articles sent by interna-
tional post, 155.

Registered articles sent by interna-
tional post, Responsibility for, 156.

Registration of shipping, 176.

Relief societies to be allowed to aid
prisoners, 295.

Reparation Commission, Powers of,
556.

Reparation Commission, Composition
and procedure of, 560.

Beason to be made by Germany,
550.

Reprisals, International law concern-
ing, 270.

Reservation of United States to
ratification of African Slave-trade
Act, 137.

669

Restoration of invaded areas and of
seized and destroyed articles, 567.
Restitution of property taken in war,

558.

Rhine, Central Commission, Powers
and duties of, sor.

Rhine, Treaty provisions concerning
the banks of the, 487.

Rhine, Treaty provisions relating to
the use of the, 628.

Rhine-Meuse navigable waterway,
Provisions of Peace Treaty con-
cerning, 632.

Rivers declared international in
Peace Treaty, 622.

Rolling-stock on German railways,
Provisions of Peace Treaty con-
cerning, 634.

Roman governmental system, 8.

Russian treaties with Germany abro-
gated, 525.

Saar Basin, Boundaries of the, 488.
Saar Basin ceded to France, 488.
Saar Basin, Courts in, to continue,

494.

Saar Basin to be governed by League
of Nations, 489.

Saar Basin, Laws in force Novem-
ber 11, 1918 to continue in, 494.
Saar Basin, Provisions of Peace
Treaty concerning mining property

in, 490.

Saar Basin, Taxes in, to be levied by
Commission, 495.

Saar Basin, Vote to be taken in,
concerning return of to Germany,
490-496.

Safety certificate to be issued to ship
after survey, 204.

Salmon on West coast of North
America, 225.

Salvage at sea, Convention relating
to, 217.

Salvors of property entitled to re-
muneration, 218, 221.

Salvors of persons not entitled to re-
muneration, 218.

Salvors of persons entitled to remu-
neration under English Merchants
Shipping Act, 222.

Seinee, German rights in, terminated,
588.

Samoan claims, Arbitration of, 254.

Sanitary convention, International,
383, 433. :

Sanitary formations, Provisions of
670

International Red Cross Conven-
tion concerning, 355.

Sanitary guards at Moses Springs
and Tor, :

Sanitary, Maritime and Quarantine
Board of Egypt, 413-532.

Sanitation, International success of,
434.

Sanitation of the seas, 229.

Schleswig, Frontier in, between Den-
mark and Germany, 521.

Sea, Dominion over the, 175.

Sea, Safety of life at, 190, 435.

Seals, Behring Sea controversy con-
cerning, 252.

Second Hague Conference, 260.

Secretariat of League of Nations, 473.

Seizure of vessels in slave trade, 129.

Seven Years’ War, Termination of
the, 77.
Shantung, Provisions of
Treaty concerning, 533.
Shipping, Destruction of by subma-
rines, 310.

Shipping, Treaty regulations concern-
ing, 583.

Ships, Clearance of, 177.

Ships, Entry of in port of destination,
210.
Ships, Lighting of,
emergencies, 203.
Ships to be delivered to Allies by
Germany, 565.

Ships, Registration of, 176.

Ships, Survéy and inspection of, 205.

Ships, Speed of, in fog, etc., 185.

Ships, Rules governing the construc-
tion of, 194.

Ships, What, to carry radiotelegraphy
apparatus, 197.

Shipwrecked, Care of the, in naval
war, 32I.

Siam, Provisions of Peace Treaty
concerning, 529.

Sick and wounded, Care of the, in
naval war, 320.

Sick and wounded, Provisions of the
Red Cross Convention concerning,

Peace

required for

354.

Signals by sound to be given by ves-
sels in fog, etc., 184, 185.

Signals by sound of vessels in sight
of each other, 188.

Silesian territory given to Czecho-
Slovakia by Peace Treaty, 507.

Slave-holding countries, Provisions
of General Act concerning, 131.

INDEX

Slavery, Abolition in America of, 116.

Slavery and the slave-trade, 114.

Slaves, Liberation and care of, un-
der General Act, 120.

Slaves, Transportation of, by land,

123.
Slave-trade, General Act for the re-
pression of the African, 118.
Slave-trade by sea, Repression of the,
124.
Sovereignty, Early conceptions of, 10.
Spanish Colonies in America, Revolt
of the, 81.
Spanish Succession, War of the, 76.
Special delivery cf international mail,

159.
Spies, Treatment of, 207.
Spirituous liquors, Restriction of

traffic in, in Africa, 135.

State, Aristotle’s views on the com-
position of a, II.

State, Modern conceptions of the, 16.

State, Theories of organization of
the, 11.

Steam vessels, Lights to be carried
by, 178.

Stock Exchange and Commercial Ex-
change contracts, Treaty provis-
ions concerning, 606.

Stranded vessels, Duties of consuls
relating to, 221.

Strasburg, Port of, under control of
Central Rhine Commission, 501.
ies Cables, Laying of the first,

108.

Submarine cables, Conventions relat-
ing to, 109, 300.

Submarine cables, Cutting of, during
the war, 114.

Submarine cables, Effects of conven-
tion relating to, 432.

Submarine cables of Germany trans-
ferred to Allies, 572,

Submarine vessels, Violations of in-
ternational law by German, 302.
Submarines, German, to be surren-

dered or destroyed, 545.

Successes and failures of general
welfare conventions, 425.

Suez Canal, Sanitary measures in,
395.

Suez, Surveillance and disinfection
at, 398.

Surveys of ships, 205.

Sussex, Sinking of the, 311.

Switzerland, Provisions of the Peace
Treaty concerning, 653.
INDEX

Tangier, International health board
of, 414.

Telegraphs, Cable and radio, 226.

Tickets, Through, to be provided on
German railways, 634.

Trade charges on articles sent by In-
ternational Post, 155.

Trade, Foreign, of the United States,
27.

Trade, German,
raine, 581.

Trade-marks, Convention of Ameri-
can states for the protection of,
306.

Trade-marks, Provisions of Indus-
trial Property Concerning, 375.

Trade regulations, Germany not to
discriminate against Allies in, 581.

Trade in white women, Treaty con-
cerning, 138.

Transfer of vessels to neutral flag,
334.

Transfers of property under orders
or decrees during war, Validity of,

with Alsace-Lor-

599.

Transit through Germany territory,
Provisions of Peace Treaty con-
cerning, 618.

Trawling vessels, Lights to be shown
by, 183.

Treaties, Assembly of League of Na-
tions to advise concerning reconsid-
eration of, 478.

Treaties, Arbitration, 240.

Treaties, Bilateral, Allied powers to
notify Germany concerning con-
tinuance of, 588.

Treaties of Germany with Austria,
Hungary, Turkey, and Bulgaria ab-
rogated, 580.

Treaties of Germany with Russia and
Roumania. abrogated, 589.

Treaties inconsistent with Covenant
of League of Nations abrogated,
478. ;

Treaties, Increase in number of, 23.

Treaties made by the United States,
40, 71.

Treaties, Method of making, 64.

Treaties, Multilateral, continued in
force, 585.

Treaties, Rules applied in deter-
mining the meaning of, 70.

Treaty of Mannheim continued in
force, 628.

Treaty of Peace with Germany, 467.

671

Trial of persons who have violated
laws of war, 555.

Trial of vessels for engaging in the
slave trade, 129.

Tribal organizations of Jews, Greeks
and Romans, 5.

Trophies, flags, works of art, etc., to
be restored to France by Germany,

573-

Turkey, Prohibition of slave-trade,
by Sultan of, 132.

Turkey and Bulgaria, Germany
agrees to accept treaties to be made
by the Allies with, 533.

Turkish funds and securities held by
Germany, Provisions concerning,
578.

Unfair competition, Treaty provis-
ions concerning, 583.

United States, Declaration of war
against Germany by, 312.

United States, Foreign commerce of
the, 27.

United States, Mingling of races in
the, 36.

United States, Reservations by, to
ratification of General Act concern-
ing the African Slave-trade, 137.

Universal Postal Convention, 151.

Unseen natural forces, Uses of, 230.

Utrecht, Peace of, 76.

Utrecht, Provisions of treaty of, con-
cerning slaves, 115.

Vattel, Work of on
law, 47.

Versailles, Treaty of, of 1783, 78.

Vessels laying submarine cable,
Lights to be carried by, 180.

Vessels laying submarine cable, Sig-
nals to be given by, 180.

Vessels not under command, Lights
to be carried by, 179.

Vessels, Lights to be carried by small,
181.

Vessels, Sound signals to be given by,

international

185.
Vessels, Stoppage of, suspected of
transporting slaves, 128,

Vessels, tugs and boats on certain
rivers to be ceded to Allies, 565.
Vessels, What, considered contami-

nated, 387.
Vienna, Congress of, of 1815, 79.
Violations of Submarine Cable Con-
vention, Procedure in case of, 111.
672

Von Moltke, Views of, on the con-
duct of war, 287.
Vote on boundaries of East Prussia,

515.

Vote on the boundaries of Poland,
Sit.

Vote on boundaries in Schleswig, 522.

Warships, German, to be converted
into merchant-ships, 544.

Warships, Limitations on the size of
German, 545.

Warships, Stay of, in neutral ports,
325.

Warships to be surrendered by Ger-

many, 543. ‘ ae :
War terminates diplomatic relations,

57.
War or threat of war, Action by
League of Nations in case of 474.
War vessels passing through Suez
Canal, 401.

War Zone, Declaration of, by Ger-
many, 310.

Weights and Measures, International
Bureau of, 100.

INDEX

West Indian pirates, 215.

Westphalia, Peace of, 74.

White women, Treaty concerning
trade in, 139.

William II of Hohenzollern, Arraign-
ment and trial of, 554.

Wireless telegraph convention, 116.

Withdrawal of articles sent by inter-
national post, 157.

World organization, Advantages to
be expected from, 23.

Wounded and sick soldiers, Provis-
ions of Geneva Convention con-
cerning, 95.

Yellow fever, Measures concerning,

391.
Yellow fever, Notification required of
appearance of, 383.

Zanzibar, International Bureau for
suppression of slave trade at, 124,
133.

Zanzibar, Measures to be taken by,
against the slave trade, 132.

Zones Free in, German ports, Peace
Treaty provisions concerning, 621.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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