CHAPTER XLVI
AS PRESIDENT OF THE AMERICAN DELEGATION AT THE PEACE CONFERENCE OF THE HAGUE—II
May 25. This morning a leading delegate of one of the great European powers called and gave me a very interesting account of the situation as he sees it.
He stated that the Russian representatives, on arriving here, gave out that they were not prepared with any plan for a definite tribunal of arbitration; but that shortly afterward there appeared some discrepancy on this point between the statements of the various members of their delegation; and that they now propose a system of arbitration, mediation, and examination into any cause of difficulty between nations.
In the evening our secretary spoke of the matter to M. de Staal, the president of the Russian delegation and of the conference, and was told that this plan would, within a day or two, be printed and laid before the whole body.
This is a favorable sign. More and more it looks as if the great majority of us are beginning to see the necessity of some scheme of arbitration embracing a court and definite, well-contrived accessories.
The above-mentioned discrepancy between various statements of the Russians leads me to think that what Count Munster told me some days since may have some truth in it—namely, that Pobedonostzeff, whom I knew well, when minister to Russia, as the strongest man of moral, religious, and social questions in that country, is really the author of the documents that were originally given to the world as emanating from the Russian Foreign Office, and that he has now added to them this definite scheme for arbitration. Remembering our old conversations, in which he dwelt upon the great need of money in order to increase the stipends of the Russian clergy, and so improve their moral as well as religious condition, I can understand easily that he may have greatly at heart a plan which would save a portion of the enormous expenditure of Russia on war, and enable him to do more for the improvement of the church.
Dined at the British legation with the minister, my old friend of St. Petersburg days, Sir Henry Howard, De Martens, the real head of the Russian delegation, being of the party, and had a long talk with the latter about Russia and Russians. He told me that Pobedonostzeff is now becoming old and infirm, and it appears that there has been a sort of cleaning out of the Foreign Office and the Ministry of the Interior—a procedure which was certainly needed in my time.
Later in the evening we went to a reception by Baron van Hardenbroek, the grand chamberlain, where I met various interesting persons, especially M. Descamps, the eminent Belgian delegate, who, in the fervor of his speech yesterday morning, upset his inkstand and lavished its contents on his neighbors. He is a devotee of arbitration, and is preparing a summary for the committee intrusted with that subject. There seemed to be, in discussing the matter with various delegates at this reception, a general feeling of encouragement.
During the day Mr. Loeher, a Berlin sculptor, called, and carried me off to see his plan of a great statue of "Peace" which he hopes to induce the Emperor Nicholas to erect in Paris. It seems to me well conceived, all except the main figure, which I could not induce myself to like. In the anxiety of the sculptor to avoid any more female figures, and to embody virile aspirations for peace, he has placed this main figure at the summit of the monument in something like a long pea-jacket, with an insufficient mantle at the back, and a crown upon its head.
The number of people with plans, schemes, notions, nostrums, whimsies of all sorts, who press upon us and try to take our time, is enormous; and when to this is added the pest of interviewers and photographers, life becomes serious indeed.
May 26.
At two the committee on arbitration met, and, as it is the largest of all, its session was held in the main hall under the dome. The Russian plan was presented, and was found to embrace three distinct features:
First, elements of a plan of mediation; secondly, a plan for international arbitration; thirdly, a plan for the international examination of questions arising between powers, such examination being conducted by persons chosen by each of the contestants. This last is a new feature and is known as a commission internationale d'enquete.
The project for a plan of arbitration submits a number of minor matters to compulsory arbitration, but the main mass of differences to voluntary arbitration.
But there was no definite proposal for a tribunal, and there was an evident feeling of disappointment, which was presently voiced by Sir Julian Pauncefote, who, in the sort of plain, dogged way of a man who does not purpose to lose what he came for, presented a resolution looking definitely to the establishment, here and now, of an international tribunal of arbitration. After some discussion, the whole was referred to a subcommittee, to put this and any other proposals submitted into shape for discussion by the main committee. In the course of the morning the American delegation received an answer to its telegram to the State Department, which was all that could be desired, since it left us virtually free to take the course which circumstances might authorize, in view of the main object to be attained. But it came too late to enable us to elaborate a plan for the meeting above referred to, and I obtained permission from the president, M. Leon Bourgeois, to defer the presentation of our scheme until about the middle of next week.
Just before the session of the main committee, at which the Russian plan was received, I had a long and very interesting talk with Mr. van Karnebeek, one of the leading statesmen of the Netherlands, a former minister of foreign affairs, and the present chief of the Dutch delegation in the conference. He seems clear-headed and far-sighted, and his belief is that the conference will really do something of value for arbitration. He says that men who arrived here apparently indifferent have now become interested, and that amour propre, if nothing else, will lead them to elaborate something likely to be useful. He went at considerable length into the value of an international tribunal, even if it does nothing more than keep nations mindful of the fact that there is some way, other than war, of settling disputes.
A delegate also informed me that in talking with M. de Staal the latter declared that in his opinion the present conference is only the first of a series, and that it is quite likely that another will be held next winter or next spring.
In the evening I made the acquaintance of Mr. Marshall, a newspaper correspondent, who is here preparing some magazine articles on The Hague and the conference. He is a very interesting man on various accounts, and especially at present, since he has but just returned from the Cuban campaign, where he was fearfully wounded, receiving two shots which carried away parts of the vertebral column, a bullet being left in his body. He seems very cheerful, though obliged to get about on crutches.
May 27.
In the morning, calls from various people urging all kinds of schemes for arbitration and various other good things for the human race, including considerable advantages, in many cases, for themselves.
Best of all, by far, was John Bellows of Gloucester, our old Quaker friend at St. Petersburg, whom I was exceedingly glad to take by the hand: he, at least, is a thoroughly good man—sincere, honest, earnest, and blessed with good sense.
The number of documents, printed and written, coming in upon us is still enormous. Many are virtually sermons displaying the evils of war, the blessings of peace, and the necessity of falling back upon the Bible. Considering the fact that our earlier sacred books indicate approval by the Almighty of some of the most bloodthirsty peoples and most cruel wars ever known, such a recommendation seems lacking in "actuality."
This morning we had another visit from Sir Julian Pauncefote, president of the British delegation, and discussed with him an amalgamation of the Russian, British, and American proposals for an arbitration tribunal. He finds himself, as we all do, agreeably surprised by the Russian document, which, inadequate as it is, shows ability in devising a permanent scheme both for mediation and arbitration.
During the day President Low, who had been asked by our delegation to bring the various proposals agreed to by us into definite shape, made his report; it was thoroughly well done, and, with some slight changes, was adopted as the basis for our final project of an arbitration scheme. We are all to meet on Monday, the 29th, for a study of it.
In the evening to the concert given to the conference by the burgomaster and city council. It was very fine, and the audience was large and brilliant. There was music by Tschaikovsky, Grieg, and Wagner, some of which was good, but most of it seemed to me noisy and tending nowhither; happily, in the midst of it came two noble pieces, one by Beethoven and the other by Mozart, which gave a delightful relief.
May 28.
Drove with Dr. Holls to Delft, five miles, and attended service at the "New Church." The building was noble, but the service seemed very crude and dismal, nearly the whole of it consisting of two long sermons separated by hymns, and all unspeakably dreary.
Afterward we saw the tombs of William of Orange and Grotius, and they stirred many thoughts. I visited them first nearly forty years ago, with three persons very dear to me, all of whom are now passed away. More than ever it is clear to me that of all books ever written—not claiming divine inspiration—the great work of Grotius on "War and Peace" has been of most benefit to mankind. Our work here, at the end of the nineteenth century, is the direct result of his, at the beginning of the seventeenth.
Afterward to the Prinzenhof, visiting the place where William of
Orange was assassinated. Was glad to see the new statue of
Grotius in front of the church where he lies buried.
May 29.
In the morning President Low and myself walked, and talked over various proposals for arbitration, especially our own. It looks much as if we can amalgamate the Russian, British, and original American plans into a good arrangement for a tribunal. We also discussed a scheme for the selection, by disagreeing nations, of "seconding powers," who, before the beginning of hostilities, or even after, shall attempt to settle difficulties between powers, or, if unsuccessful, to stop them as soon after war begins as the honor of the nations concerned may allow. The Germans greatly favor this plan, since it resembles their tribunal of honor (Ehrengericht); it was originally suggested to us by our secretary, Dr. Holls.
In the evening, at six, the American delegation met. We had before us type-written copies of our whole arbitration project as elaborated in our previous sessions, and sundry changes having been made, most of them verbal, the whole, after considerable discussion, was adopted.
At ten I left, via Hook of Holland and Harwich, for London, arriving about ten the next morning, and attending to various matters of business. It was fortunate for me that I could have for this purpose an almost complete lull in our proceedings, the first and second committees of the conference being at work on technical matters, and the third not meeting until next Monday.
In the evening I went to the Lyceum Theatre, saw Henry Irving and Ellen Terry in Sardou's "Robespierre," and for the first time in my life was woefully disappointed in them. The play is wretchedly conceived, and it amazes me that Sardou, who wrote "Thermidor," which is as admirable as "Robespierre" is miserable could ever have attached his name to such a piece.
For the wretchedness of its form there is, no doubt, some excuse in the fact that it has been done into English, and doubtless cut, pieced, and altered to suit the Lyceum audiences; but when one compares the conspiracy part of it with a properly conceived drama in which a conspiracy is developed, like Schiller's "Fiesco," the difference is enormously in favor of the latter. As literature the play in its English dress is below contempt.
As to its historical contents, Sardou resorts to an expedient which, although quite French in its character, brings the whole thing down to a lower level than anything in which I had ever seen Irving before. The center of interest is a young royalist who, having been present with his mother and sister at the roll-call of the condemned and the harrowing scenes resulting therefrom, rushes forth, determined to assassinate Robespierre, but is discovered by the latter to be his long-lost illegitimate son, and then occur a series of mystifications suited only to the lowest boulevard melodrama.
As to the action of the piece, the only thing that showed Irving's great ability was the scene in the forest of Montmorency, where, as Robespierre, he reveals at one moment, in his talk with the English envoy, his ambition, his overestimate of himself, his suspicion of everybody and everything, his willingness to be cruel to any extent in order to baffle possible enemies; and then, next moment, on the arrival of his young friends, boys and girls, the sentimental, Rousseau side of his character. This transition was very striking. The changes in the expression of Irving's face were marvelous—as wonderful as those in his Louis XI; but that was very nearly all. In everything else, Coquelin, as I had seen him in Sardou's "Thermidor," was infinitely better.
Besides this, the piece was, in general, grotesquely unhistorical. It exhibits Robespierre's colleagues in the Committee of Public Safety as noisy and dirty street blackguards. Now, bad as they were, they were not at all of that species, nor did their deliberations take place in the manner depicted. Billaud-Varennes is represented as a drunken vagabond sitting on a table at the committee and declaiming. He was not this at all, nor was Tallien, vile as he was, anything like the blackguard shown in this piece.
The final scene, in which Robespierre is brought under accusation by the Convention, was vastly inferior to the same thing in "Thermidor"; and, what was worse, instead of paraphrasing or translating the speeches of Billaud-Varennes, Tallien, and Robespierre, which he might have found in the "Moniteur," Sardou, or rather Irving, makes the leading characters yell harangues very much of the sort which would be made in a meeting of drunken dock laborers to-day. Irving's part in this was not at all well done. The unhistorical details now came thick and fast, among them his putting his head down on the table of the tribune as a sign of exhaustion, and then, at the close, shooting himself in front of the tribunal. If he did shoot himself, which is doubtful, it was neither at that time nor in that place.
But, worst of all, the character of Robespierre was made far too melodramatic, and was utterly unworthy of Irving, whom, in all his other pieces, I have vastly admired. He completely misconceives his hero. Instead of representing him as, from first to last, a shallow Rousseau sentimentalist, with the proper mixture of vanity, suspicion, and cruelty, he puts into him a great deal too much of the ruffian, which was not at all in Robespierre's character.
The most striking scene in the whole was the roll-call at the prison. This was perhaps better than that in Sardou's "Thermidor," and the tableaux were decidedly better.
The scene at the "Festival of the Supreme Being" was also very striking, and in many respects historical; but, unless I am greatly mistaken, the performance referred to did not take place as represented, but in the garden directly in front of the Tuileries. The family scene at the house of Duplay the carpenter was exceedingly well managed; old Duplay, smoking his pipe, listening to his daughters playing on a spinet and singing sentimental songs of the Rousseau period, was perfect. The old carpenter and his family evidently felt that the golden age had at last arrived; that humanity was at the end of its troubles; and that the world was indebted for it all to their lodger Robespierre, who sat in the midst of them reading, writing, and enjoying the coddling and applause lavished upon him. And he and they were to go to the guillotine within a week!
Incidentally there came a little touch worthy of Sardou; for, as Robespierre reads his letters, he finds one from his brother, in which he speaks of a young soldier and revolutionist of ability whose acquaintance he has just made, whom he very much likes, and whose republicanism he thoroughly indorses—one Buonaparte. This might have occurred, and very likely did occur, very much as shown on the stage; for one of the charges which nearly cost Bonaparte his life on the Ninth Thermidor was that he was on friendly terms with the younger Robespierre, who was executed with his more famous brother.
On the whole, the play was very disappointing. It would certainly have been hissed at the Porte St. Martin, and probably at any other Paris theater.
June 1.
Having left London last evening, I arrived at The Hague early this morning and found, to my great satisfaction, that the subcommittee of the third committee had unanimously adopted the American plan of "seconding powers," and that our whole general plan of arbitration will be to-day in print and translated into French for presentation. I also find that Sir Julian Pauncefote's arbitration project has admirable points.
The first article in Sir Julian's proposal states that, with the desire to facilitate immediate recourse to arbitration by nations which may fail to adjust by diplomatic negotiations differences arising between them, the signatory powers agree to organize a permanent tribunal of international arbitration, accessible at all times, to be governed by a code, provided by this conference, so far as applicable and consistent with any special stipulations agreed to between the contesting parties.
Its second provision is the establishment of a permanent central office, where the records of the tribunal shall be preserved and its official business transacted, with a permanent secretary, archivist, and suitable staff, who shall reside on the spot. This office shall make arrangements for the assembling of the tribunal, at the request of contesting parties.
Its third provision is that each of the signatory powers shall transmit the names of two persons who shall be recognized in their own country as jurists or publicists of high character and fitness, and who shall be qualified to act as judges. These persons shall be members of the tribunal, and a list of their names shall be recorded in the central office. In case of death or retirement of any one of these, the vacancy shall be filled up by new appointment.
Its fourth provision is that any of the signatory powers desiring to have recourse to the tribunal for the settlement of differences shall make known such desire to the secretary of the central office, who shall thereupon furnish the powers concerned with a list of the members of the tribunal, from which such powers may select such number of judges as they may think best. The powers concerned may also, if they think fit, adjoin to these judges any other person, although his name may not appear on the list. The persons so selected shall constitute the tribunal for the purpose of such arbitration, and shall assemble at such date as may be most convenient for the litigants.
The tribunal shall ordinarily hold its sessions at ——; but it shall have power to fix its place of session elsewhere, and to change the same from time to time, as circumstances may suggest.
The fifth provision is that any power, even though not represented in the present conference, may have recourse to the tribunal on such terms as may be prescribed by the regulations.
Provision sixth: The government of —— is charged by the signatory powers, on their behalf, as soon as possible after the conclusion of this convention, to name a permanent council of administration, at ——, composed of five members and a secretary. This council shall organize and establish the central office, which shall be under its control and direction. It shall make such rules and regulations as may be necessary for the office; it shall dispose of all questions that may arise in relation to the working of the tribunal, or which may be referred to it by the central office; it shall make all subordinate appointments, may suspend or dismiss all employees, and shall fix their salaries and control their expenditure. This council shall select its president, who shall have a casting-vote. The remuneration of the members shall be fixed from time to time by accord between the signatory powers.
Provision seventh: The signatory powers agree to share among them the expenses pertaining to the administration of the central office and the council of administration; but the expenses incident to every arbitration, including the remuneration of the arbiters, shall be equally borne by the contesting powers.
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 multitude 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 canals; and this, in view of our present difficulties in Alaska and in the matter of the Isthmus Canal, 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 assigned 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. Asser, 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 circumstances, 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 passed 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 "Godspeed," 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 attitude 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.