Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-09-30
APPEAL FOR ARBITRATION
TEXT OF TIT BoER NOTE TO
HAGUE TRIBUNAL.
Ii Charges That Great Britain Has
Violated the Common UsaEes
I'm War.

Charles ID. Pierce OF New York city, rep
resentative in the United States of the
orange Free State, has received a copy OF
the appeal made by the Beers to the .ad-
ministrative council of the permanent court
OF arbitration at The Hague. The appeal
which is dated The Hague September TO-
begins by reciting the fact that The Hague
convention of July 20, 1899 had provided a
way for the peaceful settlement of inter-
national differences whereby the jurisdic-
ton OF the permanent court could be
extended TO differences between powers
which had not become signatories, as also
between powers which had become and
those which had not become signatories.
The appeal continues:
Immediately on the receipt of this conn
munication notification made, on behalf
or the governments Of both the states rep
resented by the undersigned to his excel
lency, the then president of your council,
that these governments would be pleased IL
the war being waged in South Africa could
be terminated by the arbitrament OF this
court.
Now that this war has gone on for near
ly two years without any prospects of an
end thereto, except in the way only recently
acknowledged as being the most efficacious
and at the same time the most equitable
means of deciding international differences,
to wit, submission to arbitration, the desir-
ability, mutually, for such peaceful termi-
nation cannot but become more and more
acknowledged.
THE states represented by the under
signed. therefore, consider that they should
repeat the proposal already made by them
before the war, but rejected by England, to
submit to arbitration the settlement of DIFF
ferences which gave rise to the war.
In this they particularly have in view
the question whether England is right in
alleging that any action was taken by the
republics which had for it's object the sup
preston of the English element In or lys
expulsion from South Africa, and generally
whether the republics have made them
selves guilty Of any act which, according
to internationally recognized principles,
would give England the right to deprive
them of their independence.
The undersigned moreover. allege that
England, already at the outbreak of the
war, commenced, and has ever since con-
tinued, to act in contravention of the
generally, and also by England herself,
acknowledged and as solemnly confirmed
by The Hague convention Of 10Th July.
1899, concerning the laws and usages of
war by land, whilst England has, more
over, quite recently, by proclamation issued
by Field Marshal Lord Kitchener, at Pre-
toria, and dated the 9TH day of August.
1901, virtually notified that she intends
shortly to take action in contravention of
article Xxx also.
1.-The governments of the states repre-
scented by the undersigned are fully pre-
pared, as soon an opportunity thereto
shall be afforded them, 10 substantiate the
allegations herein made by setting forth
and proving the particular facts to which
they refer.
"Since England sees At to deny this con-
tinual violation by her of the laws Of war
fare the states represented by the under
signed consider that they may also in re-
gard to this difference seek decision Of
the permanent court of arbitration.
1.-The undersigned and their governments
are aware that in order to obtain such a de-
cision the consent Of England is required.
They therefore take the liberty of soliciting
your council to apply for such consent or
to endeavor to obtain the same by your
mediation or that Of the governments rep
resented by you.
Should the English government give an
unfavorable reply 1t will thereby be mani
fest that they dare not submit themselves
to the jurgment of a conscientious, learned
and impartial tribunal.
They will then, moreover, continue to
bear the responsibility for the prolongation
OF a war as terrible as II is unnecessary,
and they will tacitly have acknowledged
that the manner in which they have car
ried on the war is in conflict with the de-
mands of humanity and civilization, as
confirmed by themselves"
The appeal is signed by W. J. Leyds, A.
Fischer and A. D. w. Wolmarans plenipo-
tentiaries of the South African Republic,
and A Fischer and c. H. Vessels, pleni-
potentiaries of the Orange Free State.