July 22.

Sir Julian Pauncefote called to discuss with us the signing of the Acte Final. There seems to be general doubt as to what is the best manner of signing the conventions, declarations, etc., and all remains in the air.

In the morning the American delegation met and Captain Mahan threw in a bomb regarding article 27, which requires that when any two parties to the conference are drifting into war, the other powers should consider it a duty (devoir) to remind them of the arbitration tribunal, etc. He thinks that this infringes the American doctrine of not entangling ourselves in the affairs of foreign states, and will prevent the ratification of the convention by the United States Senate. This aroused earnest debate, Captain Mahan insisting upon the omission of the word "devoir," and Dr. Holls defending the article as reported by the subcommittee, of which he is a member, and contending that the peculiar interests of America could be protected by a reservation. Finally, the delegation voted to insist upon the insertion of the qualifying words, "autant que les circonstances permettent," but this decision was afterward abandoned.

July 23.

Met at our Minister Newel's supper Sir Henry Howard, who told me that the present Dutch ministry, with Piersoon at its head and De Beaufort as minister of foreign affairs, is in a very bad way; that its "subserviency to Italy," in opposition to the demands of the Vatican for admittance into the conference, and its difficulties with the socialists and others, arising from the police measures taken against Armenian, Finnish, New Turkish, and other orators who have wished to come here and make the conference and the city a bear-garden, have led both the extreme parties--that is, the solid Roman Catholic party on one side, and the pretended votaries of liberty on the other--to hate the ministry equally. He thinks that they will join hands and oust the ministry just as soon as the conference is over.

Some allowance is to be made for the fact that Sir Henry is a Roman Catholic: while generally liberal, he evidently looks at many questions from the point of view of his church.[9]

[9] As it turned out, he was right: the ministry was ousted, but not so soon as he expected, for the catastrophe did not arrive until about two years later. Then came in a coalition of high Calvinists and Roman Catholics which brought in the Kuyper ministry.

July 24.

For some days--in fact, ever since Captain Mahan on the 22d called attention to article 27 of the arbitration convention as likely to be considered an infringement of the Monroe Doctrine--our American delegation has been greatly perplexed. We have been trying to induce the French, who proposed article 27, and who are as much attached to it as is a hen to her one chick, to give it up, or, at least, to allow a limiting or explanatory clause to be placed with it. Various clauses of this sort have been proposed. The article itself makes it the duty of the other signatory powers, when any two nations are evidently drifting toward war, to remind these two nations that the arbitration tribunal is open to them. Nothing can be more simple and natural; but we fear lest, when the convention comes up for ratification in the United States Senate, some over-sensitive patriot may seek to defeat it by insisting that it is really a violation of time-honored American policy at home and abroad--the policy of not entangling ourselves in the affairs of foreign nations, on one side, and of not allowing them to interfere in our affairs, on the other.

At twelve this day our delegation gave a large luncheon at the Oude Doelen--among those present being Amba.s.sadors De Staal, Count Nigra, and Sir Julian Pauncefote, Bourgeois, Karnebeek, Basily, Baron d'Estournelles, Baron de Bildt, and others--to discuss means of getting out of the above-mentioned difficulty. A most earnest effort was made to induce the French to allow some such modification as has been put into other articles--namely, the words, "autant que possible," or some limiting clause to the same effect; but neither Bourgeois nor D'Estournelles, representing France, would think of it for a moment. Bourgeois, as the head of the French delegation, spoke again and again, at great length. Among other things, he gave us a very long disquisition on the meaning of "devoir" as it stands in the article--a disquisition which showed that the Jesuits are not the only skilful casuists in the world.

I then presented my project of a declaration of the American doctrine to be made by us on signing. It had been scratched off with a pencil in the morning, hastily; but it was well received by Bourgeois, D'Estournelles, and all the others.

Later we held a meeting of our own delegation, when, to my project of a declaration stating that nothing contained in any part of the convention signed here should be considered as requiring us to intrude, mingle, or entangle ourselves in European politics or internal affairs, Low made an excellent addition to the effect that nothing should be considered to require any abandonment of the traditional att.i.tude of the United States toward questions purely American; and, with slight verbal changes, this combination was adopted.

July 25.

All night long I have been tossing about in my bed and thinking of our declaration of the Monroe Doctrine to be brought before the conference to-day. We all fear that the conference will not receive it, or will insist on our signing without it or not signing at all.

On my way to The Hague from Scheveningen I met M. Descamps, the eminent professor of international law in the University of Louvain, and the leading delegate in the conference as regards intricate legal questions connected with the arbitration plan. He thought that our best way out of the difficulty was absolutely to insist on a clause limiting the devoir imposed by article 27, and to force it to a vote. He declared that, in spite of the French, it would certainly be carried. This I doubt. M. Descamps knows, perhaps, more of international law than of the temper of his a.s.sociates.

In the afternoon to the "House in the Wood," where the "Final Act" was read. This is a statement of what has been done, summed up in the form of three conventions, with sundry declarations, voeux, etc. We had taken pains to see a number of the leading delegates, and all, in their anxiety to save the main features of the arbitration plan, agreed that they would not oppose our declaration. It was therefore placed in the hands of Raffalovitch, the Russian secretary, who stood close beside the president, and as soon as the "Final Act" had been recited he read this declaration of ours. This was then brought before the conference in plenary session by M. de Staal, and the conference was asked whether any one had any objection, or anything to say regarding it. There was a pause of about a minute, which seemed to me about an hour. Not a word was said,--in fact, there was dead silence,--and so our declaration embodying a reservation in favor of the Monroe Doctrine was duly recorded and became part of the proceedings.

Rarely in my life have I had such a feeling of deep relief; for, during some days past, it has looked as if the arbitration project, so far as the United States is concerned, would be wrecked on that wretched little article 27.

I had before me notes of a speech carefully prepared, stating our reasons and replying to objections, to be used in case we were attacked, but it was not needed. In the evening I was asked by Mr. Lavino, the correspondent of the London "Times," to put the gist of it into an "interview" for the great newspaper which he serves, and to this I consented; for, during the proceedings this afternoon in the conference, Sir Julian Pauncefote showed great uneasiness. He was very anxious that we should withdraw the declaration altogether, and said, "It will be charged against you that you propose to evade your duties while using the treaty to promote your interests"; but I held firm and pressed the matter, with the result above stated. I feared that he would object in open conference; but his loyalty to arbitration evidently deterred him. However, he returned to the charge privately, and I then promised to make a public statement of our reasons for the declaration, and this seemed to ease his mind. The result was a recasting of my proposed speech, and this Mr. Lavino threw into the form of a long telegram to the "Times."

July 26.

At ten to a meeting of our American delegation, when another bombsh.e.l.l was thrown among us--nothing less than the question whether the Pope is to be allowed to become one of the signatory powers; and this question has now taken a very acute form. Italy is, of course, utterly opposed to it, and Great Britain will not sign if any besides those agreed upon by the signatory powers are allowed to come in hereafter, her motive being, no doubt, to avoid trouble in regard to the Transvaal.

Mr. Low stated that in the great committee the prevailing opinion seemed to be that the signatory powers had made a sort of partnership, and that no new partners could be added without the consent of all. This is the natural ground, and entirely tenable.

I would have been glad to add the additional requirement that no power should be admitted which would not make arbitration reciprocal--that is, no power which, while aiding to arbitrate for others, would not accept arbitration between itself and another power. This would, of course, exclude the Vatican; for, while it desires to judge others, it will allow no interests of its own, not even the most worldly and trivial, to be submitted to any earthly tribunal.

The question now came up in our American delegation as to signing the three conventions in the Acte Final--namely, those relating to arbitration, to the extension of the Geneva rules, and to the laws and customs of war. We voted to sign the first, to send the second to Washington without recommendation, and to send the third with a recommendation that it be there signed. The reason for sending the second to Washington without recommendation is that Captain Mahan feels that, in its present condition, it may bring on worse evils than it prevents. He especially and, I think, justly objects to allowing neutral hospital ships to take on board the wounded and shipwrecked in a naval action, with power to throw around them the safeguards of neutrality and carry them off to a neutral port whence they can again regain their own homes and resume their status as combatants.

The reason for submitting the third to Washington, with a recommendation to sign it there, is that considerable work will be required in conforming our laws of war to the standard proposed by the conference, and that it is best that the Washington authorities look it over carefully.

I was very anxious to sign all three conventions, but the first is the great one, and I yielded my views on the last two.

The powers are to have until the 31st of December, if they wish it, before signing.

July 27.

Early in the morning to a meeting of our American delegation, Mr.

van Karnebeek being present. We agreed to sign the arbitration convention, attaching to our signatures a reservation embodying our declaration of July 25 regarding the maintenance of our American policy--the Monroe Doctrine. A telegram was received from the State Department approving of this declaration. The imbroglio regarding the forcing of the Pope into the midst of the signatory powers continues. The ultramontanes are pushing on various delegates, especially sundry Austrians and Belgians, who depend on clerical support for their political existence, and, in some cases, for their daily bread; and the result is that M.

Descamps, one of the most eminent international lawyers in Europe, who has rendered great services during the conference, but who holds a professorship at the University of Louvain, and can hold it not one moment longer than the Jesuits allow him, is making a great display of feeling on the subject. Italy, of course, continues to take the strongest ground against the proposal to admit his Holiness as an Italian sovereign.

Our position is, as was well stated in the great committee by Mr.

Low, that the contracting parties must all consent before a new party can come in; and this under one of the simplest principles of law. We ought also to add that any power thus admitted shall not only consent to arbitrate on others, but to be arbitrated upon. This, of course, the Vatican monsignori will never do. They would see all Europe deluged in blood before they would submit the pettiest question between the kingdom of Italy and themselves to arbitration by lay powers. All other things are held by them utterly subordinate to the restoration of the Pope's temporal power, though they must know that if it were restored to him to-morrow he could not hold it. He would be overthrown by a revolution within a month, even with all the troops which France or Austria could send to support him; and then we should have the old miserable state of things again in Italy, with bloodshed, oppression, and exactions such as took place throughout the first half of this century, and, indeed, while I was in Italy, under the old papal authority, in 1856.

In the afternoon to the "House in the Wood" to go over doc.u.ments preliminary to signing the "Final Act."

July 28.

In the afternoon in plenary session of the conference, hearing the final reports as to forms of signing, etc.

To-day appears in the London "Times" the interview which its correspondent had with me yesterday. It develops the reasons for our declaration, and seems to give general satisfaction. Sir Julian Pauncefote told Holls that he liked it much.

The committee on forms of the "Final Act," etc., has at last, under pressure of all sorts, agreed that the question of admitting non-signatory powers shall be decided by the signatory powers, hereafter, through the ordinary medium of diplomatic correspondence. This is unfortunate for some of the South American republics, but it will probably in some way inure to the benefit of the Vatican monsignori.

July 29.

The last and culminating day of the conference.

In the morning the entire body gathered in the great hall of the "House in the Wood," and each delegation was summoned thence to sign the protocol, conventions, and declarations. These were laid out on a long table in the dining-room of the palace, which is adorned with very remarkable paintings of mythological subjects imitating bas-reliefs.

All these doc.u.ments had the places for each signature prepared beforehand, and our seals, in wax, already placed upon the pages adjoining the place where each signature was to be. At the request of the Foreign Office authorities for my seal, I had sent a day or two beforehand the seal ring which Goldwin Smith gave me at the founding of Cornell University. It is an ancient carnelian intaglio which he obtained in Rome, and bears upon its face, exquisitely engraved, a Winged Victory. This seal I used during my entire connection with Cornell University, and also as a member of the Electoral College of the State of New York at General Grant's second election, when, at the request of the president of that body, Governor Woodford, it was used in sealing certificates of the election, which were sent, according to law, to certain high officials of our government.

I affixed my signature to the arbitration convention, writing in, as agreed, the proviso that our signatures were subject to the Monroe Doctrine declaration made in open session of the conference on July 25. The other members of the American delegation then signed in proper order. But the two other conventions we left unsigned. It was with deep regret that I turned away from these; but the majority of the delegation had decreed it, and it was difficult to see what other course we could pursue. I trust that the Washington authorities will rectify the matter by signing them both.

We also affixed our signatures to the first of the "declarations."

At three P.M. came the formal closing of the conference. M. de Staal made an excellent speech, as did Mr. van Karnebeek and M.

de Beaufort, the Netherlands minister of foreign affairs. To these Count Munster, the presiding delegate from Germany, replied in French, and apparently extemporaneously. It must have been pain and grief to him, for he was obliged to speak respectfully, in the first place, of the conference, which for some weeks he had affected to despise; and, secondly, of arbitration and the other measures proposed, which, at least during all the first part of the conference, he had denounced as a trick and a humbug; and, finally, he had to speak respectfully of M. de Staal, to whom he has steadily shown decided dislike. He did the whole quite well, all things considered; but showed his feelings clearly, as regarded M. de Staal, by adding to praise of him greater praise for Mr. van Karnebeek, who has been the main managing man in the conference in behalf of the Netherlands Government.

Then to the hotel and began work on the draft of a report, regarding the whole work of the conference, to the State Department. I was especially embarra.s.sed by the fact that the wording of it must be suited to the scruples of my colleague, Captain Mahan. He is a man of the highest character and of great ability, whom I respect and greatly like; but, as an old naval officer, wedded to the views generally entertained by older members of the naval and military service, he has had very little, if any, sympathy with the main purposes of the conference, and has not hesitated to declare his disbelief in some of the measures which we were especially instructed to press. In his books he is on record against the immunity of private property at sea, and in drawing up our memorial to the conference regarding this latter matter, in making my speech with reference to it in the conference, and in preparing our report to the State Department, I have been embarra.s.sed by this fact. It was important to have unanimity, and it could not be had, so far as he was concerned, without toning down the whole thing, and, indeed, leaving out much that in my judgment the doc.u.ments emanating from us on the subject ought to contain. So now, in regard to arbitration, as well as the other measures finally adopted, his feelings must be considered. Still, his views have been an excellent tonic; they have effectively prevented any lapse into sentimentality. When he speaks the millennium fades and this stern, severe, actual world appears.

I worked until late at night, and then went to Scheveningen almost in despair.

July 30.