New-York tribune., 1904-10-31

chances OF future wars between them. In 1899
me conference OF The Hague dealt solely with
the larger general problems which confront all
nations. and assumed function Of interven-
ton or suggestion in the settlement of the terms
OF peace between the United States and Spain.
II might be the same with reassembled con-
ference at the preseH9 time. Its efforts would
naturally lie in the direction of further cOdifca-
tIon OF the universal ideas of right and justice
which we call international law; it's mission
would be TO give them future effect.
Inc PRESIDENT directs that you will bring the
foregoing considerations to the attention of the
Minister for Foreign Affairs of the government
to Which You are accredited, and. in discreet
conference with him. ascertain to what extent
that government IS disposed to act in the matter
should his excellency invite suggestion as 10
the character OF the questions to be brought be-
toIe m" proposed second peace conference. YOU
may say % him that at this time II would
premature to couple the tentative invitation
thus extended with categorical programme OF
subjects OF discussion 1t is only by Comparison
or views that a general accord can be reached
as 10 the matters to be considered by the
conference. Ii is desirable that in the formula
tion OF Il programme the distinction should be
kept clear between the matters which belong
TO the province of international law and those
whlch are conventional as between individual
governments The final act Of the Hague Con-
ference dated July 20. 1890 kept this distinc-
tiOn clearly in sight. Among the broader gem
eral questions affecting the right and justice OF
the relation of sovereign states which were then
relegated to a future conference We're the
of private property in naval warfare and the
bombardment of ports. towns and villages by a
naval force The other matters mentioned IN the
hnal act take the form of suggestions for con-
stderation by interested governments.
POINTS TO BE DISCUSSED
The three points mentioned cover a large field
The first. especially. touching the rights and
duties of neutrals is of universal Importance.
Its rghtful disposition affects the interests and
wellbeing Of all the world. The neutral Is
something more than an OnlOoker. His acts Of
omission or commission may have influence
Indirect. but tangtble-on war actually in
progress while. the other hand. he may
suffer from the exigencieS Of the belligerentS.
II is this phase Of warfare which deeply co,
Germs the world at large Efforts have be-
made time aud again to formulate rules OF ac-
ton applicable to its more material aspects. as
April % of this year the Congress OF the
United states adopted resolution reading thus:
Resolved by the Senate and House of Repre-
sentatives OF the United States of America. in
Congress assembled That il is the sense os the
Congress of the United States that IT is desir-
able in the interest OF uniformity of action by
the maritime states of the world in time of war
that the President endeavOr to bring about an
understanding among the principal maritime
powers with view OF Incorporating into the
permanent law II civilized nations the principle
OF the exemption of ali private property at sea-
not contraband of war from capture destruc-
tiOn by belligerentS-
Approved. April 2S. 1904
other matters closely affecting the rights OF
neutrals are the distinction to he made between
absolute and conditional contra band of war and
the inViOlability OF the official and private cor
respondenCe OF neutrals
As Tor the dutleS or neuJrdlS toward the belltE-
erent the field is scarcely less broad. One as
pect deserves mention. from the prominence it
has acquired during recent times. namely the
treatment due to refugee bellgerent ships in
neutral ports.
1t may also be desirable to consider and adopt
a procedure by which states mons ignatory 70
the original acts Of the Hague Conference may
become adherins parties.
You will explain TO his exCellency the Min
lister OF Foreign Affairs that the present over
ture for a second conference TO complete the
postponed work of the first conference is not
designed TO supersede other calls for the con-
sideration OF special topics, such as the PROPOSE
siticn of the government Of the Netherlands
recently issued TO assemble for the purpose Of
amending the provisions OF the existing Hague
Convention with respect to hospital ships Like
all tentative conventions that one Is 1pen to
change m the light OF practical experience and
the fullest dellberation Is desirable TO that end
Finally. you will state the Presidents desire
and hope that the undyinG memories which cling
around The Hague as the cradle of the bene.-
cent work WHICH had itS beginning In 1900 may
be strengthened by holding the second peace
conference in that historic city.
am. sir, your obcdlent servant,
JOHN HAY.