The semi-weekly messenger., 1907-12-06
THE PRESIDENTS MESSAGE
Continued from Page 81


ment was not yet sufficiently COM
plete to make conventions practi-
cable.
The delegates of the United States
were instructed to favor an agree
ment for obligatory arbitration, the
establishment of permanent court
of arbitration to proceed judicially
in the hearing and decision of in
ternational causes, the prohibition OF
force for the collection of contract
debts alleged to be due from gov
ernment to citizens of other coun-
tries until after arbitration as to the
Justice and amount Of the debt and
the time and manner of payment,
the immunity Of private property at
sea, the better definition Of the
rights of neutrals, and, in case any
measure to that end should be in
troduced, the limitation OF arma-
ments.
In the field of peaceful disposal
of international differences several
important advances were made.
First, as to the obligatory arbitra-
ton. Although the conference fall
ed to secure a unanimous agreement
upon the details Of a convention for
obligatory arbitration, it did resolve
as follows:
at is unanimous: CD In accept
ing the principle for obligatory ar
bitration; ~ In declarin 2 that GER
tain differences, and notably those
relating to the Interpretation and ap
plication of international conven-
tional stipulations are susceptible Of
being submitted to obligatory arbi-
tration without any restriction
In view of the fact that as re-
suit of the discussion the vote upon
the definite treaty of obligatory ar
bitration, which was proposed, stood
80 in favor to 9 against the adOp-
ton of the treaty, there can be lit
tie doubt that the great majority of
the countries of the world have
reached a point where they are now
ready to apply practically the prin-
ciples thus unanimously agree upon
by the conference.
The second advance, and a very
great one, is the agreement which
relates to the use of force for the
collection of contract debts. Your
attention is invited to the para
graphs upon this subject in my mes
sage of December, 1906, and to the
resolution of the Third American
Conference at Rio in the summer
of 1906. The convention upon this
subject adopted by the conference
substantially as proposed by the
American delegates is as follows:
'In order to avoid between ma
tions armed conflicts of a purely pc
cuniaTy origin arising from contract
ual debts claimed Of the government
of one country by the government
OF another country to be due to it's
nationals, the signatOry powers agree
not to have recourse to armed force
for the collection of such contractual
debts.
However, this stipulation shall
not be applicable when the debtor
state refuses or leaves unanswered
an offer to arbitrate, or, in case Of
acceptance. makes it impossible to
formulate the terms of submission,
or, after arbitration, fails to COM
ply with the award rendered.
''It is further agreed that arbitra-
tion here contemplated shall be in
conformity, as to procedure, with
Chapter III of the Convention for
the Pacific Settlement of 1nternatiOn-
al Disputes adopted at The Hague,
and that it shall determine, in so
far as there shall be no agreement
between the parties, the justice and
the amount of the debt, the time and
mode Of payment thereof"
Such a provision would have pre-
vented much injustice and eXtortion
in the past, and l cannot doubt that
its effect in the future will be most
Salutary.
A third advance has been made in
amending and perfecting the conven-
tion of 1899 for the voluntary set
Element of international disputes,
>f
those parts of that convention which
relate to commissions of inquiry.
The existence of those provisions en-
abled the governments of Great Brit
ain and Russia to avoid war, not
withstanding great public excite
ment, at the time of the DOgger
Bank incident, and the new conven-
tion agreed upon by the conference
gives practical effect to the expert
ence gained in that inquiry.
Substantial progress was also
made towards the creation Of a per-
manent judicial tribunal for the de-
termination of international causes.
There was very full discussion of
the proposal for such a court and a
general agreement was finally reach
ed in favor of it's creation. The con-
ference recommended to the sigma
tory powers the adoption of draft
upon which it agreed for the organi-
zation of the court, leaving to be
determined only the method by
which the judges should be selected.
This remaining unsettled question is
plainly one which time and good
temper will solve.
A further agreement of the first
Importance was that for the crea-
ton of an international prize court.
The constitution, organization and
procedure of such a tribunal were
provided for in detail Anyone who
recalls the injustices under which
this country suffered as a neutral
power during the early part of the
last century can not fail to see in
this provision for an international
prize court the great advance which