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CHAPTER XLVII AS PRESIDENT OF THE AMERICAN DELEGATION AT THE PEACE CONFERENCE OF THE HAGUE: III—1899
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47. CHAPTER XLVII
AS PRESIDENT OF THE AMERICAN DELEGATION AT THE PEACE CONFERENCE OF THE HAGUE: III—1899

June 4.
WE have just had an experience which "adds to the gaiety of nations.'' Some days since, representatives of what is called "the Young Turkish party'' appeared and asked to be heard. They received, generally, the cold shoulder, mainly because the internal condition of Turkey is not one of the things which the conference was asked to discuss; but also because there is a suspicion that these "Young Turks'' are enabled to live in luxury at Paris by blackmailing the Sultan, and that their zeal for reform becomes fervid whenever their funds run low, and cools whenever a remittance comes from the Bosphorus. But at last some of us decided to give them a hearing, informally; the main object being to get rid of them. At the time appointed, the delegation appeared in evening dress, and, having been ushered into the room, the spokesman began as follows, very impressively:

"Your Excellencies, ve are ze Young Turkeys.''

This was too much for most of us, and I think that, during our whole stay at The Hague thus far, we have never undertaken anything more difficult, physically, than to keep our faces straight during the harangue which followed.

Later, we went with nearly all the other members of the conference to Haarlem, in a special train, by invitation of the burgomaster and town council, to the "Fête


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Hippique'' and the "Fête des Fleurs.'' We were treated very well indeed, refreshments being served on the grand stand during the performances, which consisted of hurdle races, etc., for which I cared nothing, followed by a procession of peasants in old chaises of various periods, and in the costumes of the various provinces of the Netherlands, which interested me much. The whole closed with a long train of fine equipages superbly decorated with flowers.

Discussing the question of the immunity of private property, not contraband of war, on the high seas, I find that the main argument which our opponents are now using is that, even if the principle were conceded, new and troublesome questions would arise as to what really constitutes contraband of war; that ships themselves would undoubtedly be considered as contraband, since they can be used in conveying troops, coal, supplies, etc.

June 5.
Having given up the morning of the 5th mainly to work on plans of arbitration, mediation, and the like, I went to the meeting, at the "House in the Wood,'' of the third great committee of the conference—namely, that on arbitration.

The session went off satisfactorily, our duty being to pass upon the report from the subcommittee which had put the various propositions into shape for our discussion. The report was admirably presented by M. Descamps, and, after considerable discussion of details, was adopted in all essential features. The matters thus discussed and accepted for presentation to the conference as a whole related:

(1) To a plan for tendering "good offices.''

(2) To a plan for examining into international differences.

(3) To the "special mediation'' plan.

The last was exceedingly well received, and our delegation has obtained much credit for it. It is the plan of


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allowing any two nations drifting into war to appoint "seconding nations,'' who, like "seconds'' in a duel, shall attempt to avert the conflict; and, if this be unsuccessful, shall continue acting in the same capacity, and endeavor to arrest the conflict at the earliest moment possible.

Very general good feeling was shown, and much encouragement derived from the fact that these preliminary matters could be dealt with in so amicable and business-like a spirit.

Before the meeting I took a long walk in the garden back of the palace with various gentlemen, among them Mr. van Karnebeek, who discussed admirably with me the question of the exemption of private property from seizure on the high seas. He agreed with me that even if the extreme doctrine now contended for—namely, that which makes ships, coal, provisions, and very nearly everything else, contraband—be pressed, still a first step, such as the exemption of private property from seizure, would be none the less wise, leaving the subordinate questions to be dealt with as they arise.

I afterward called with Dr. Holls at the house of the burgomaster of The Hague, and thanked him for his kindness in tendering us the concert last Saturday, and for various other marks of consideration.

On the whole, matters continue to look encouraging as regards both mediation and arbitration.

June 6.
In the morning Sir Julian Pauncefote called, and again went over certain details in the American, British, and Russian plans of arbitration, discussing some matters to be stricken out and others to be inserted. He declared his readiness to strike out a feature of his plan to which from the first, I have felt a very great objection—namely, that which, after the tribunal is constituted, allows the contesting parties to call into it and mix with it persons simply chosen by the contestants ad hoc. This seems to me a dilution of the idea of a permanent tribunal, and a


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means of delay and of complications which may prove unfortunate. It would certainly be said that if the contestants were to be allowed to name two or more judges from outside the tribunal, they might just as well nominate all, and thus save the expense attendant upon a regularly constituted international court chosen by the various governments.

Later in the day I wrote a private letter to the Secretary of State suggesting that our American delegation be authorized to lay a wreath of silver and gold upon the tomb of Grotius at Delft, not only as a tribute to the man who set in motion the ideas which, nearly three hundred years later, have led to the assembling of this conference, but as an indication of our gratitude to the Netherlands Government for its hospitality and the admirable provision it has made for our work here, and also as a sign of good-will toward the older governments of the world on the occasion of their first meeting with delegates from the new world, in a conference treating of matters most important to all nations.

In the evening to Mr. van Karnebeek's reception, and there met Mr. Raffalovitch, one of the Russian secretaries of the conference, who, as councilor of the Russian Empire and corresponding member of the French Institute, has a European reputation, and urged him to aid in striking out the clause in the plan which admits judges other than those of the court. My hope is that it will disappear in the subcommittee and not come up in the general meeting of the third great committee.

June 8.
The American delegation in the afternoon discussed at length the proposals relating to the Brussels Conference rules for the more humane carrying on of war. Considerable difference of opinion has arisen in the section of the conference in which the preliminary debates are held, and Captain Crozier, our representative, has been in some doubt as to the ground to be taken between these


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opposing views. On one side are those who think it best to go at considerable length into more or less minute restrictions upon the conduct of invaders and invaded. On the other side, M. Bernaert of Belgium, one of the two most eminent men from that country, and others, take the ground that it would be better to leave the whole matter to the general development of humanity in international law. M. de Martens insists that now is the time to settle the matter, rather than leave it to individuals who, in time of war, are likely to be more or less exasperated by accounts of atrocities and to have no adequate time for deciding upon a policy. After considerable discussion by our delegation, the whole matter went over.

In the evening to a great reception at the house of Sir Henry Howard, British minister at this court. It was very brilliant, and the whole afforded an example of John Bull's good sense in providing for his representatives abroad, and enabling them to exercise a social influence on the communities where they are stationed, which rapidly becomes a political influence with the governments to which they are accredited. Sir Henry is provided with a large, attractive house, means to entertain amply, and has been kept in the service long enough to know everybody and to become experienced in the right way of getting at the men he wishes to influence, and of doing the things his government needs to have done. Throughout the whole world this is John Bull's wise way of doing things. At every capital I have visited, including Washington, Constantinople, St. Petersburg, Rome, Paris, Berlin, and Vienna, the British representative is a man who has been selected with reference to his fitness, kept in the service long enough to give him useful experience, and provided with a good, commodious house and the means to exercise social and, therefore, political influence. The result is that, although, in every country in the world, orators and editors are always howling at John Bull, he everywhere has his way:


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to use our vernacular, he "gets there,'' and can laugh in his sleeve at the speeches against him in public bodies, and at the diatribes against him in newspapers. The men who are loudest in such attacks are generally the most delighted to put their legs under the British ambassador's mahogany, or to take their daughters to his receptions and balls, and then quietly to follow the general line of conduct which he favors.

June 9.
In the morning an interesting visit from M. de Staal, president of the conference. We discussed arbitration plans, Brussels rules and Geneva rules, and, finally, our social debts to the Dutch authorities.

As to the general prospects of arbitration, he expressed the belief that we can, by amalgamating the British, Russian, and American plans, produce a good result

During the day, many members of the conference having gone to Rotterdam to see the welcoming of the Queen in that city, I took up, with especial care, the Brussels rules for the conduct of war, and the amendments of them now proposed in the conference, some of which have provoked considerable debate. The more I read the proposals now made, the more admirable most of them seem to be, and the more it seems to me that we ought, with a few exceptions, to adopt them. Great Britain declines to sanction them as part of international law, but still agrees to adopt them as a general basis for her conduct in time of war; and even this would be a good thing for us, if we cannot induce our government to go to the length of making them fully binding.

At six o'clock Dr. Holls, who represents us upon the subcommittee on arbitration, came in with most discouraging news. It now appears that the German Emperor is determined to oppose the whole scheme of arbitration, and will have nothing to do with any plan for a regular tribunal, whether as given in the British or the American scheme. This news comes from various


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sources, and is confirmed by the fact that, in the subcommittee, one of the German delegates, Professor Zorn of Königsberg, who had become very earnest in behalf of arbitration, now says that he may not be able to vote for it. There are also signs that the German Emperor is influencing the minds of his allies—the sovereigns of Austria, Italy, Turkey, and Roumania—leading them to oppose it.

Curiously enough, in spite of this, Count Nigra, the Italian ambassador at Vienna and head of the Italian delegation, made a vigorous speech showing the importance of the work in which the committee is engaged, urging that the plan be perfected, and seeming to indicate that he will go on with the representatives who favor it. This, coming from perhaps the most earnest ally of Germany, is noteworthy.

At the close of the session Sir Julian Pauncefote informed Dr. Holls that he was about to telegraph his government regarding the undoubted efforts of the German Emperor upon the sovereigns above named, and I decided to cable our State Department, informing them fully as to this change in the condition of affairs.

At eight went to the dinner of our minister, Mr. Newel and found there three ambassadors, De Staal, Münster, and Pauncefote, as well as M. Leon Bourgeois, president of the French delegation; Sir Henry Howard, the British minister; Baron de Bildt, the Swedish minister; and some leading Netherlands statesmen. Had a long talk with M. de Staal and with Sir Julian Pauncefote regarding the state of things revealed this afternoon in the subcommittee on arbitration. M. de Staal has called a meeting of the heads of delegations for Saturday afternoon. Both he and Sir Julian are evidently much vexed by the unfortunate turn things have taken. The latter feels, as I do, that the only thing to be done is to go on and make the plan for arbitration as perfect as possible, letting those of the powers who are willing to do


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so sign it. I assured him and De Staal that we of the United States would stand by them to the last in the matter.

Late in the evening went to a reception of M. de Beaufort, the Netherlands minister of foreign affairs, and discussed current matters with various people, among them Count Nigra, whom I thanked for his eloquent speech in the afternoon, and Baron de Bildt, who feels as I do, that the right thing for us is to go on, no matter who falls away.

June 10.
This morning I gave to studies of the various reports sent in from the subcommittees, especially those on arbitration and on the Brussels Conference rules. Both have intensely interested me, my main attention being, of course, centered on the former; but the Brussels rules seem to me of much greater importance now than at first, and my hope is that we shall not only devise a good working plan of arbitration, but greatly humanize the laws of war.

At four o'clock in the afternoon met the four other ambassadors and two or three other heads of delegations, at the rooms of M. de Staal, to discuss the question of relaxing the rules of secrecy as regards the proceedings of committees, etc. The whole original Russian plan of maintaining absolute secrecy has collapsed, just as the representatives from constitutional countries in the beginning said it would. Every day there are published minute accounts in Dutch, French, and English journals which show that, in some way, their representatives obtain enough information to enable them, with such additional things as they can imagine, to make readable reports. The result is that various gentlemen in the conference who formerly favored a policy of complete secrecy find themselves credited with speeches which they did not make, and which they dislike to be considered capable of making.


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After a great deal of talk, it was decided to authorize the chairman of each committee to give to the press complete reports, so far as possible, keeping in the background the part taken by individuals.

At six the American delegation met, and the subject of our instructions regarding the presentation of the American view of the immunity of private property on the high seas in time of war was taken up. It was decided to ask some of the leading supporters of this view to meet us at luncheon at 12.30 on Monday, in order to discuss the best way of overcoming the Russian plan of suppressing the matter, and to concert means for getting the whole subject before the full conference.

June 11.
Instead of going to hear the Bishop of Hereford preach on "Peace,'' I walked with Dr. Holls to Scheveningen, four miles, to work off a nervous headache and to invite Count Münster to our luncheon on Monday, when we purpose to take counsel together regarding private property on the high seas. He accepted, but was out of humor with nearly all the proceedings of the conference. He is more than ever opposed to arbitration, and declares that, in view of the original Russian programme under which we were called to meet, we have no right to take it up at all, since it was not mentioned. He was decidedly pessimistic regarding the continuance of the sessions, asking me when I thought it would all end; and on my answering that I had not the slightest idea, he said that he was entirely in the dark on the subject; that nobody could tell how long it would last, or how it would break off.

June 12.
At half-past twelve came our American luncheon to Count Münster, Mr. van Karnebeek, and Baron de Bildt, each of whom is at the head of his delegation,—our purpose being to discuss with them the best manner of getting the subject of immunity of private property at sea,


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not contraband, before the conference, these gentlemen being especially devoted to such a measure.

All went off very well, full interchange of views took place, and the general opinion was that the best way would be for us, as the only delegation instructed on the subject, to draw up a formal memorial asking that the question be brought before the conference, and sending this to M. de Staal as our president.

Curious things came out during our conversation Baron de Bildt informed me that, strongly as he favored the measure, and prepared as he was to vote for it, he should have to be very careful in discussing it publicly, since his instructions were to avoid, just as far as possible, any clash between the opinions expressed by the Swedish representatives and those of the great powers. Never before have I so thoroughly realized the difficult position which the lesser powers in Europe hold as regards really serious questions.

More surprising was the conversation of Count Münster, he being on one side of me and Mr. van Karnebeek on the other. Bearing in mind that the Emperor William during his long talk with me just before I left Berlin in referring to the approaching Peace Congress had said that he was sending Count Münster because what the conference would most need would be "common sense,'' and because, in his opinion, Count Münster had "lots of it,'' some of the count's utterances astonished me. He now came out, as he did the day before in his talk with me, utterly against arbitration, declaring it a "humbug,'' and that we had no right to consider it, since it was not mentioned in the first proposals from Russia, etc., etc.

A little later, something having been said about telegraphs and telephones, he expressed his belief that they are a curse as regards the relations between nations; that they interfere with diplomacy, and do more harm than good. This did not especially surprise me, for I had heard the same opinions uttered by others; but what did surprise me greatly was to hear him say, when the


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subject of bacteria and microbes was casually mentioned, that they were "all a modern humbug.''

It is clear that, with all his fine qualities,—and he is really a splendid specimen of an old-fashioned German nobleman devoted to the diplomatic service of his country,—he is saturated with the ideas of fifty years ago.

Returning from a drive to Scheveningen with Major Burbank of the United States army, I sketched the first part of a draft for a letter from our delegation to M. de Staal, and at our meeting at six presented it, when it met with general approval. President Low had also sketched a draft which it was thought could be worked very well into the one which I had offered, and so we two were made a subcommittee to prepare the letter in full.

June 13.
This morning come more disquieting statements regarding Germany. There seems no longer any doubt that the German Emperor is opposing arbitration, and, indeed, the whole work of the conference, and that he will insist on his main allies, Austria and Italy, going with him. Count Nigra, who is personally devoted to arbitration, allowed this in talking with Dr. Holls; and the German delegates—all of whom, with the exception of Count Münster, are favorably inclined to a good arbitration plan—show that they are disappointed.

I had learned from a high imperial official, before I left Berlin, that the Emperor considered arbitration as derogatory to his sovereignty, and I was also well aware, from his conversation, that he was by no means in love with the conference idea; but, in view of his speech at Wiesbaden, and the petitions which had come in to him from Bavaria, I had hoped that he had experienced a "change of heart.''

Possibly he might have changed his opinion had not Count Münster been here, reporting to him constantly against every step taken by the conference.


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There seems danger of a catastrophe. Those of us who are faithful to arbitration plans will go on and do the best we can; but there is no telling what stumbling-blocks Germany and her allies may put in our way; and, of course, the whole result, without their final agreement, will seem to the world a failure and, perhaps, a farce.

The immediate results will be that the Russian Emperor will become an idol of the "plain people'' throughout the world, the German Emperor will be bitterly hated, and the socialists, who form the most dreaded party on the continent of Europe, will be furnished with a thoroughly effective weapon against their rulers.

Some days since I said to a leading diplomatist here, "The ministers of the German Emperor ought to tell him that, should he oppose arbitration, there will be concentrated upon him an amount of hatred which no minister ought to allow a sovereign to incur.'' To this he answered, "That is true; but there is not a minister in Germany who dares tell him.''

June 14.

This noon our delegation gave a breakfast to sundry members of the conference who are especially interested in an effective plan of arbitration, the principal of these being Count Nigra from Italy; Count Welsersheimb, first delegate of Austria; M. Descamps of Belgium; Baron d'Estournelles of France; and M. Asser of the Netherlands. After some preliminary talk, I read to them the proposal, which Sir Julian had handed me in the morning, for the purpose of obviating the objection to the council of administration in charge of the court of arbitration here in The Hague, which was an important feature of his original plan, but which had been generally rejected as involving expensive machinery. His proposal now is that, instead of a council specially appointed and salaried to watch over and provide for the necessities of the court, such council shall simply be made up of the ministers of sundry powers residing here,—thus doing


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away entirely with the trouble and expense of a special council.

This I amended by adding the Netherlands minister of foreign affairs as ex-officio president, there being various reasons for this, and among these the fact that, without some such provision, the Netherlands would have no representative in the council.

The plan and my amendment were well received, and I trust that our full and friendly discussion of these and various matters connected with them will produce a good effect in the committees.

Count Nigra expressed himself to me as personally most earnestly in favor of arbitration, but it was clear that his position was complicated by the relations of his country to Germany as one of the Triple Alliance; and the same difficulty was observable in the case of Count Welsersheimb, the representative of Austria, the third ally in the combination of which Germany is the head.

In the course of our breakfast, Baron d'Estournelles made a statement which I think impressed every person present. It was that, as he was leaving Paris, Jaurès, the famous socialist, whom he knows well, said to him, "Go on; do all you can at The Hague, but you will labor in vain: you can accomplish nothing there, your schemes will fail, and we shall triumph,'' or words to that effect. So clear an indication as this of the effect which a failure of the conference to produce a good scheme of arbitration will have in promoting the designs of the great international socialist and anarchist combinations cannot fail to impress every thinking man.

Dined in the evening with the French minister at this court, and very pleasantly. There were present M. Leon Bourgeois, the French first delegate, and the first delegates from Japan, China, Mexico, and Turkey, with subordinate delegates from other countries. Sitting next the lady at the right of the host, I found her to be the wife of the premier, M. Piersoon, minister of finance, and


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very agreeable. I took in to dinner Madame Behrends, wife of the Russian chargé, evidently a very thoughtful and accomplished woman, who was born, as she told me, of English parents in the city of New York when her father and mother were on their way to England. I found her very interesting, and her discussions of Russia, as well as of England and the Netherlands, especially good.

In the smoking-room I had a long talk with M. Leon Bourgeois, who, according to the papers, is likely to be appointed minister of foreign affairs in the new French cabinet. He dwelt upon the difficulties of any plan for a tribunal, but seemed ready to do what he could for the compromise plan, which is all that, during some time past, we have hoped to adopt.

June 15.
Early this morning Count Münster called, wishing to see me especially, and at once plunged into the question of the immunity of private property from seizure on the high seas. He said that he had just received instructions from his government to join us heartily in bringing the question before the conference; that his government, much as it inclines to favor the principle, could not yet see its way to commit itself fully; that its action must, of course, depend upon the conduct of other powers in the matter, as foreshadowed by discussions in the conference, but that he was to aid us in bringing it up.

I told him I was now preparing a draft of a memorial to the conference giving the reasons why the subject ought to be submitted, and that he should have it as soon as completed.

This matter being for the time disposed of, we took up the state of the arbitration question, and the consequences of opposition by Germany and her two allies to every feasible plan.

He was very much in earnest, and declared especially against compulsory arbitration. To this I answered that the plan thus far adopted contemplated entirely voluntary


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arbitration, with the exception that an obligatory system was agreed upon as regards sundry petty matters in which arbitration would assist all the states concerned; and that if he disliked this latter feature, but would agree to the others, we would go with him in striking it out, though we should vastly prefer to retain it.

He said, "Yes; you have already stricken out part of it in the interest of the United States,'' referring to the features concerning the Monroe Doctrine, the regulation of canals, rivers, etc.

"Very true,'' I answered; "and if there are any special features which affect unfavorably German policy or interests, move to strike them out, and we will heartily support you.''

He then dwelt in his usual manner on his special hobby, which is that modern nations are taking an entirely false route in preventing the settlement of their difficulties by trained diplomatists, and intrusting them to arbitration by men inexperienced in international matters, who really cannot be unprejudiced or uninfluenced; and he spoke with especial contempt of the plan for creating a bureau, composed, as he said, of university professors and the like, to carry on the machinery of the tribunal.

Here I happened to have a trump card. I showed him Sir Julian Pauncefote's plan to substitute a council composed of all the ministers of the signatory powers residing at The Hague, with my amendment making the Dutch minister of foreign affairs its president. This he read and said he liked it; in fact, it seemed to remove a mass of prejudice from his mind.

I then spoke very earnestly to him—more so than ever before—about the present condition of affairs. I told him that the counselors in whom the Emperor trusted—such men as himself and the principal advisers of his Majesty—ought never to allow their young sovereign to be exposed to the mass of hatred, obloquy, and opposition which would converge upon him from all nations in case he became known to the whole world as the sovereign


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who had broken down the conference and brought to naught the plan of arbitration. I took the liberty of telling him what the Emperor said to me regarding the count himself—namely, that what the conference was most likely to need was good common sense, and that he was sending Count Münster because he possessed that. This seemed to please him, and I then went on to say that he of all men ought to prevent, by all means, placing the young Emperor in such a position. I dwelt on the gifts and graces of the young sovereign, expressed my feeling of admiration for his noble ambitions, for his abilities, for the statesmanship he had recently shown, for his grasp of public affairs, and for his way of conciliating all classes, and then dwelt on the pity of making such a monarch an object of hatred in all parts of the world.

He seemed impressed by this, but said the calling of the conference was simply a political trick—the most detestable trick ever practised. It was done, he said mainly to embarrass Germany, to glorify the young Russian Emperor, and to put Germany and nations which Russia dislikes into a false position. To this I answered, "If this be the case, why not trump the Russian trick? or, as the poker-players say, `Go them one better,' take them at their word, support a good tribunal of arbitration more efficient even than the Russians have dared to propose; let your sovereign throw himself heartily into the movement and become a recognized leader and power here; we will all support him, and to him will come the credit of it.

"Then, in addition to this, support us as far as you can as regards the immunity of private property on the high seas, and thus you will gain another great point; for, owing to her relations to France, Russia has not dared commit herself to this principle as otherwise she doubtless would have done, but, on the contrary, has opposed any consideration of it by the conference.

"Next, let attention be called to the fact—and we will


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gladly aid in making the world fully aware of it—that Germany, through you, has constantly urged the greatest publicity of our proceedings, while certain other powers have insisted on secrecy until secrecy has utterly broken down, and then have made the least concession possible. In this way you will come out of the conference triumphant, and the German Emperor will be looked upon as, after all, the arbiter of Europe. Everybody knows that France has never wished arbitration, and that Russian statesmen are really, at heart, none too ardent for it. Come forward, then, and make the matter thoroughly your own; and, having done this, maintain your present attitude strongly as regards the two other matters above named,—that is, the immunity from seizure of private property on the high seas, and the throwing open of our proceedings,—and the honors of the whole conference is yours.''

He seemed impressed by all this, and took a different tone from any which has been noted in him since we came together. I then asked him if he had heard Baron d'Estournelles's story. He said that he had not. I told it to him, as given in my diary yesterday; and said, "You see there what the failure to obtain a result which is really so much longed for by all the peoples of the world will do to promote the designs of the socialistic forces which are so powerful in all parts of the Continent, and nowhere more so than in Germany and the nations allied with her.''

This, too, seemed to impress him. I then went on to say, "This is not all. By opposing arbitration, you not only put a club into the hands of socialists, anarchists, and all the other anti-social forces, but you alienate the substantial middle class and the great body of religious people in all nations. You have no conception of the depth of feeling on this subject which exists in my own country, to say nothing of others; and if Germany stands in the way, the distrust of her which Americans have felt, and which as minister and ambassador at Berlin


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I have labored so hard to dispel, will be infinitely increased. It will render more and more difficult the maintenance of proper relations between the two countries. Your sovereign will be looked upon as the enemy of all nations, and will be exposed to every sort of attack and calumny, while the young Emperor of Russia will become a popular idol throughout the world, since he will represent to the popular mind, and even to the minds of great bodies of thinking and religious people, the effort to prevent war and to solve public questions as much as possible without bloodshed; while the Emperor of Germany will represent to their minds the desire to solve all great questions by force. Mind, I don't say this is a just view: I only say that it is the view sure to be taken, and that by resisting arbitration here you are playing the game of Russia, as you yourself have stated it—that is, you are giving Russia the moral support of the whole world at the expense of the neighboring powers, and above all of Germany.''

I then took up an argument which, it is understood, has had much influence with the Emperor,—namely, that arbitration must be in derogation of his sovereignty,—and asked, "How can any such derogation be possible? Your sovereign would submit only such questions to the arbitration tribunal as he thought best; and, more than all that, you have already committed yourselves to the principle. You are aware that Bismarck submitted the question of the Caroline Islands for arbitration to the Pope, and the first Emperor William consented to act as arbiter between the United States and Great Britain in the matter of the American northwestern boundary. How could arbitration affect the true position of the sovereign? Take, for example, matters as they now stand between Germany and the United States. There is a vast mass of petty questions which constantly trouble the relations between the two countries. These little questions embitter debates, whether in your Reichstag on one hand, or in our Congress on the other, and


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make the position of the Berlin and Washington governments especially difficult. The American papers attack me because I yield too much to Germany, the German papers attack Von Bülow because he yields too much to America, and these little questions remain. If Von Bülow and I were allowed to sit down and settle them, we could do so at short notice; but behind him stands the Reichstag, and behind our Secretary of State and myself stands the American Congress.''

I referred to such questions as the tonnage dues, the additional tariff on bounty-promoted sugar, Samoa, the most-favored-nation clause, in treaties between Germany and the United States, in relation to the same clause in sundry treaties between the United States and other powers, and said, "What a blessing it would be if all these questions, of which both governments are tired, and which make the more important questions constantly arising between the two countries so difficult to settle, could be sent at once to a tribunal and decided one way or the other! In themselves they amount to little. It is not at all unlikely that most of them—possibly all of them—would be decided in favor of Germany; but the United States would acquiesce at once in the decision by a tribunal such as is proposed. And this is just what would take place between Germany and other nations. A mass of vexatious questions would be settled by the tribunal, and the sovereign and his government would thus be relieved from parliamentary chicanery based, not upon knowledge, but upon party tactics or personal grudges or inherited prejudices.''

He seemed now more inclined to give weight to these considerations, and will, I hope, urge his government to take a better view than that which for some time past has seemed to be indicated by the conduct of its representatives here.

In the afternoon I went to the five-o'clock tea of the Baroness d'Estournelles, found a great crowd there, including the leading delegates, and all anxious as to the


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conduct of Germany. Meeting the Baroness von Suttner who has been writing such earnest books in behalf of peace, I urged her to write with all her might to influence public prints in Austria, Italy, and Germany in behalf of arbitration, telling her that we are just arriving at the parting of the ways, and that everything possible must be done now, or all may be lost. To this she responded very heartily, and I have no doubt will use her pen with much effect.

In the evening went to a great reception at the house of the Austrian ambassador, M. Okolicsanyi. There was a crush. Had a long talk with Mr. Stead, telling him D'Estournelles's story, and urging him to use it in every way to show what a boon the failure of arbitration would be to the anti-social forces in all parts of Europe.

In the intervals during the day I busied myself in completing the memorial to the conference regarding the immunity from seizure of private property at sea. If we cannot secure it now, we must at least pave the way for its admission by a future international conference.


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