The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-07
PROGRESS AT THE HAGUE.

ant. One is an agreement that
declaration of war shall precede hostile
action by nation: the other would for
bid resort to arms for the collection of
Indebtedness under claims of private
citizens unless the offending nation has
refused TO aTbitrate. failed to reply to
proposal for arbitration or evaded direct
action on such a proposal.
Both Of these proposals are the out
growth of comparatively recent expe-
rience. In the war between Russia and
Japan one of Russia's causes for COM
plant was that the Japanese made their
naval attack on Port Arthur the first
notice that war had begun, and that
this was in violation OF civilized rules
of warfare. No good reason existed why
Japan should give notice of its intention
to attack because the formulated rules
included no stipulation. either express
of implied, that notice should be given.
IN the contrary, hostile action before
formal declaration of war has been
common practice; and II the facts are
recalled correctly the United States
itself, in the war with Spain, began hos
tilities actually before its declaration
was made
|. In the Russian instance, the cars
commanders were taken by surprise,
apparently believing that Japan would
not dare to attack them, and the result
was demoralizing blow at the outset of
the war which gave Japan great mo-
raj advantage and contributed material
iy TO the disadvantage under which
Russia labored throughout the whole
France, Russia, all agree to the pro-
posal.
The abolition of armed force as an
agency for the collection of private
claims would simplify the position of
the United States materially. Most of
the questions affected by such a rule
have arisen from the chaotic condition
Of governments in Central and South
America, Adherence to the Monroe
doctrine has involved a complication
because of the innumerable claims
against the little republics. To collect
these and yet observe the law laid down
by Monroe fOrbiddIng the acquisition of
territory in this hemisphere by a Eu-
ropean nation is not easy. The thing
has been done and might be done again
periIous and might readily precipitate
a war desired by neither party. If The
Hague proposal were adopted as a rule
it would compel the arbitration of such
claims by both parties. and in the event
OF refusal TO arbitrate would lay the
onus of refusal on the recaIcitrant ma
ton.
One of the most important questions
under debate, and which is still IN
tentative stage. is the Mexican sugges
ton, presented by Mr.. Choate, that pri
vate property on the high seas be ex-
empt from seizure during war. except it
be contra band OF war or be on a vessel
attempting to enter a port under block
ade. So far as the debate can indicate
sentiment, Great Britain does not look
kindly on the proposal, possibly because
its maritime power Is its chief depend
ence for protection or aggression, and
the right of seizure. including booty
privileges. is a most powerful weapon in
time of war. Curiously enough, the
most vigorous assault on the proposal
came from the delegate of Columbia,
which nation has no marine power. and
as a matter of record has no very large
material interest al stake either on land
OF sea. Norway, on the other hand. with
a large merchant marine and no naval
strength to speak of, favors the restric-
ton of the right OF seizure and supports
the Mexican plan heartily.
The chief argument for the protection
Of private property on the sea is the
analogy between the proposed rule and
the one already adopted for the protec-
ton of private property on land. Mill
tary authorities everywhere recognize
their viola bility of private possessions
on land in war time; and such property
seized for military purposes is supposed
to be paid for. There seems to be no
be applied TO private property wherever
found and none but indefensible mo-
tives can prompt a refusal TO indorse
such a provision as an addition to in
ternational law.
While it has been customary to regard
The Hague conference as something Of a
farce, the progress made in formulating
rules of war, in compelling arbitration
on subjects which do not involve ma
tionaI honor, in furthering sentiment
favoring peace and retarding the
growth OF militarism-all these devel-
opments justify the faith of the men
who instituted the conference. Like
the growth of civilization, the concrete
results of The Hague idea have been
slow in development, but they have al
ready done much in mitigation of the
horrors of war: they have shown the
practical value OF an International
court as a substitute for violence in the
settlement of differences. and they will
ultimately develop a code of interna-
tional law which will be to the nations