From a theoretical point of view, I prefer to this our American plan of a tribunal permanently in session: the judges, in every particular case, to be selected from this. Thus would be provided a court of any odd number between three and nine, as the contesting powers may desire. But from the practical point of view, even though the Russian plan of requiring the signatory powers to send to the tribunal a mult.i.tude of smaller matters, such as those connected with the postal service, etc., is carried out, the great danger is that such a court, sitting constantly as we propose, would, for some years, have very little to do, and that soon we should have demagogues and feather-brained "reformers" ridiculing them as "useless," "eating their heads off," and "doing nothing"; that then demagogic appeals might lead one nation after another to withdraw from an arrangement involving large expense apparently useless; and in view of this latter difficulty I am much inclined to think that we may, under our amended instructions, agree to support, in its essential features as above given, the British proposal, and, with some reservations, the code proposed by the Russians.

Among the things named by the Russians as subjects which the agreeing powers must submit to arbitration, are those relating to river navigation and international ca.n.a.ls; and this, in view of our present difficulties in Alaska and in the matter of the Isthmus Ca.n.a.l, we can hardly agree to. During the morning Sir Julian came in and talked over our plan of arbitration as well as his own and that submitted by Russia. He said that he had seen M.

de Staal, and that it was agreed between them that the latter should send Sir Julian, at the first moment possible, an amalgamation of the Russian and British plans, and this Sir Julian promised that he would bring to us, giving us a chance to insert any features from our own plan which, in our judgment, might be important. He seemed much encouraged, as we all are.

Returning to our rooms, I found Count Munster. As usual, he was very interesting; and, after discussing sundry features of the Russian plan, he told one or two rather good stories. He said that during his stay in St Petersburg as minister, early in the reign of Alexander II, he had a very serious quarrel with Prince Gortchakoff the minister of foreign affairs, who afterward became the famous chancellor of the empire.

Count Munster had received one day from a professor at Gottingen a letter stating that a young German savant, traveling for scientific purposes in Russia, had been seized and treated as a prisoner, without any proper cause whatever; that, while he was engaged in his peaceful botanizing, a police officer, who was taking a gang of criminals to Siberia, had come along, and one of his prisoners having escaped, this officer, in order to avoid censure, had seized the young savant, quietly clapped the number of the missing man on his back, put him in with the gang of prisoners, and carried him off along with the rest; so that he was now held as a convict in Siberia. The count put the letter in his pocket, thinking that he might have an opportunity to use it, and a day or two afterward his chance came. Walking on the quay, he met the Emperor (Alexander II), who greeted him heartily, and said, "Let me walk with you." After walking and talking some time, the count told the story of the young German, whereupon the Emperor asked for proofs of its truth. At this Munster pulled the letter out of his pocket; and, both having seated themselves on a bench at the side of the walk, the Emperor read it. On finishing it, the Emperor said: "Such a thing as this can happen only in Russia." That very afternoon he sent a special police squad, post-haste, all the way to Siberia, ordering them to find the young German and bring him back to St. Petersburg.

Next day Count Munster called at the Foreign Office on current business, when Gortchakoff came at him in a great rage, asking him by what right he communicated directly with the Emperor; and insisting that he had no business to give a letter directly to the Emperor, that it ought to have gone through the Foreign Office. Gortchakoff reproached the count bitterly for this departure from elementary diplomatic etiquette. At this Munster replied: "I gave the letter to the Emperor because he asked me for it, and I did not give it to you because I knew perfectly well that you would pigeonhole it and the Emperor would never hear of it. I concede much in making any answer at all to your talk, which seems to me of a sort not usual between gentlemen."

At this Gortchakoff was much milder, and finally almost obsequious, becoming apparently one of Munster's devoted friends, evidently thinking that, as Munster had gained the confidence of the Emperor, he was a man to be cultivated.

The sequel to the story was also interesting. The policemen, after their long journey to Siberia, found the young German and brought him to St. Petersburg, where the Emperor received him very cordially and gave him twenty thousand rubles as an indemnity for the wrong done him. The young savant told Munster that he had not been badly treated, that he had been a.s.signed a very pleasant little cottage, and had perfect freedom to pursue his scientific researches.

On my talking with the count about certain Russian abuses, and maintaining that Russia, at least in court circles, had improved greatly under Alexander III as regarded corruption, he said that he feared she was now going back, and he then repeated a remark made by the old Grand Duke Michael, brother of Alexander II, who said that if any Russian were intrusted with the official care of a canary he would immediately set up and maintain a coach and pair out of it.

At six o'clock our American delegation met and heard reports, especially from Captain Mahan and Captain Crozier, with reference to the doings in the subcommittees. Captain Mahan reported that he had voted against forbidding asphyxiating bombs, etc., evidently with the idea that such a provision would prove to be rather harmful than helpful to the cause of peace.

Captain Crozier reported that his subcommittee of committee No. 2 had, at its recent meeting, tried to take up the exemption of private property from seizure on the high seas in time of war, but had been declared out of order by the chairman, De Martens, the leading Russian delegate, who seems determined to prevent the subject coming before the conference. The question before our American delegation now was, Shall we try to push this American proposal before the subcommittee of the second committee, or before the entire conference at a later period? and the general opinion was in favor of the latter course. It was not thought best to delay the arbitration plan by its introduction at present.

In the evening dined with Minister Newel, and had a very interesting talk with Van Karnebeek, who had already favorably impressed me by his clear-headedness and straightforwardness; also with Messrs. a.s.ser, member of the Dutch Council of State, and Rahusen, member of the Upper Chamber of the States General, both of whom are influential delegates.

All three of these men spoke strongly in favor of our plan for the exemption of private property on the high seas, Van Karnebeek with especial earnestness. He said that, looking merely at the material interests of the Netherlands, he might very well favor the retention of the present system, since his country is little likely to go into war, and is certain to profit by the carrying trade in case of any conflict between the great powers; that, of course, under such circ.u.mstances, a large amount of commerce would come to Holland as a neutral power; but that it was a question of right and of a proper development of international law, and that he, as well as the two other gentlemen above named, was very earnestly in favor of joint action by the powers who are in favor of our proposal. He thought that the important thing just now is to secure the cooperation of Germany, which seems to be at the parting of the ways, and undecided which to take.

In the course of the evening one of my European colleagues, who is especially familiar with the inner history of the calling of the conference, told me that the reason why Professor Stengel was made a delegate was not that he wrote the book in praise of war and depreciating arbitration, which caused his appointment to be so unfavorably commented upon, but because, as an eminent professor of international law, he represented Bavaria; and that as Bavaria, though represented at St. Petersburg, was not invited, it was thought very essential that a well-known man from that kingdom should be put into the general German delegation.

On my asking why Brazil, though represented at St. Petersburg, was not invited, he answered that Brazil was invited, but showed no desire to be represented. On my asking him if he supposed this was because other South American powers were not invited, he said that he thought not; that it was rather its own indifference and carelessness, arising from the present unfortunate state of government in that country. On my saying that the Emperor Dom Pedro, in his time, would have taken the opportunity to send a strong delegation, he said: "Yes, he certainly would have done so; but the present government is a poor sort of thing."

I also had a talk with one of the most eminent publicists of the Netherlands, on the questions dividing parties in this country, telling him that I found it hard to understand the line of cleavage between them. He answered that it is, in the main, a line between religious conservatives and liberals; the conservatives embracing the Roman Catholics and high orthodox Protestants, and the liberals those of more advanced opinions. He said that socialism plays no great part in Holland; that the number of its representatives is very small compared with that in many European states; that the questions on which parties divide are mainly those in which clerical ideas are more or less prominent; that the liberal party, if it keeps together, is much the stronger party of the two, but that it suffers greatly from its cliques and factions.

On returning home after dinner, I found a cipher despatch from the Secretary of State informing us that President McKinley thinks that our American commission ought not to urge any proposal for "seconding powers"; that he fears lest it may block the way of the arbitration proposals. This shows that imperfect reports have reached the President and his cabinet. The fact is that the proposal of "seconding powers" was warmly welcomed by the subcommittee when it was presented; that the members very generally telegraphed home to their governments, and at once received orders to support it; that it was pa.s.sed by a unanimous vote of the subcommittee; and that its strongest advocates were the men who are most in favor of an arbitration plan. So far from injuring the prospects of arbitration, it has increased them; it is very generally spoken of as a victory for our delegation, and has increased respect for our country, and for anything we may hereafter present.

June 2.

This morning we sent a cipher telegram to the Secretary of State, embodying the facts above stated.

The shoals of telegrams, reports of proceedings of societies, hortatory letters, crankish proposals, and peace pamphlets from America continue. One of the telegrams which came late last night was pathetic; it declared that three millions of Christian Endeavorers bade us "G.o.dspeed," etc., etc.

During the morning De Martens, Low, Holls, and myself had a very thoroughgoing discussion of the Russian, British, and American arbitration plans. We found the eminent Russian under very curious misapprehensions regarding some minor points, one of them being that he had mistaken the signification of our word "publicist"; and we were especially surprised to find his use of the French word "publiciste" so broad that it would include M.

Henri Rochefort, Mr. Stead, or any newspaper writer; and he was quite as surprised to find that with us it would include only such men as Grotius, Wheaton, Calvo, and himself.

After a long and intricate discussion we separated on very good terms, having made, I think, decided progress toward fusing all three arbitration plans into one which shall embody the merits of all.

One difficulty we found, of which neither our State Department nor ourselves had been fully aware. Our original plan required that the judges for the arbitration tribunal should be nominated by the highest courts of the respective nations; but De Martens showed us that Russia has no highest court in our sense of the word. Then, too, there is Austria-Hungary, which has two supreme courts of equal authority. This clause, therefore, we arranged to alter, though providing that the original might stand as regards countries possessing supreme courts.

At lunch we had Baron de Bildt, Swedish minister at Rome and chief of the Swedish delegation at the conference, and Baron de Bille, Danish minister at London and chief delegate from Denmark.

De Bille declared himself averse to a permanent tribunal to be in constant session, on the ground that, having so little to do, it would be in danger of becoming an object of derision to the press and peoples of the world.

We were all glad to find, upon the arrival of the London "Times,"

that our arbitration project seemed to be receiving extensive approval, and various telegrams from America during the day indicated the same thing.

It looks more and more as if we are to accomplish something. The only thing in sight calculated to throw a cloud over the future is the att.i.tude of the German press against the whole business here; the most virulent in its attacks being the high Lutheran conservative--and religious!--journal in Berlin, the "Kreuz-Zeitung." Still, it is pleasant to see that eminent newspaper find, for a time, some other object of denunciation than the United States.

June 3.

In the afternoon drove to Scheveningen and took tea with Count Munster and his daughter. He was somewhat pessimistic, as usual, but came out very strongly in favor of the American view as regards exemption of private property on the high seas. Whether this is really because Germany would derive profit from it, or because she thinks this question a serviceable entering wedge between the United States and Great Britain, there is no telling at present. I am sorry to say that our hopes regarding it are to be dashed, so far as the present conference is concerned. Sundry newspaper letters and articles in the "Times" show clearly that the English Government is strongly opposed to dealing with it here and now; and as France and Russia take the same position, there is no hope for any action, save such as we can take to keep the subject alive and to secure attention to it by some future conference.

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 "Fete Hippique" and the "Fete 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 const.i.tutes 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 pa.s.s 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 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 Sat.u.r.day, and for various other marks of consideration.

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