And, finally, we are instructed to propose to the conference the principle of extending to strictly private property at sea the immunity from destruction or capture by belligerent powers analogous to that which such property already enjoys on land, and to endeavor to have this principle incorporated in the permanent law of civilized nations. A well-drawn historical resume of the relations of the United States to the question of arbitration thus far is added, and a historical summary of the action of the United States, hitherto, regarding the exemption of private property at sea from seizure during war.
The document of most immediate importance is the plan furnished us for international arbitration. Its main features are as follows:
First, a tribunal "composed of judges chosen, on account of their personal integrity and learning in international law, by a majority of the members of the highest court now existing in each of the adhering states, one from each sovereign state participating in the treaty, who shall hold office until their successors are appointed by the same body."
Secondly, the tribunal to meet for organization not later than six months after the treaty shall have been ratified by nine powers; to organize itself as a permanent court, with such officers as may be found necessary, and to fix its own place of session and rules of procedure.
The third article provides that "the contracting nations will mutually agree to submit to the international tribunal all questions of disagreement between them, excepting such as may relate to or involve their political independence or territorial integrity."
The fifth article runs as follows: "A bench of judges for each particular case shall consist of not fewer than three nor more than seven, as may be deemed expedient, appointed by the unanimous consent of the tribunal, and shall not include any member who is either a native, subject, or citizen of the state whose interests are in litigation in the case."
The sixth article provides that the general expenses of the tribunal be divided equally among the adherent powers; but that those arising from each particular case be provided for as may be directed by the tribunal; also that non-adherent states may bring their cases before it, on condition of the mutual agreement that the state against which judgment shall be found shall pay, in addition to the judgment, the expenses of the adjudication.
The seventh article makes provision for an appeal, within three months after the notification of the decision, upon presentation of evidence that the judgment contains a substantial error of fact or law.
The eighth and final article provides that the treaty shall become operative when nine sovereign states, whereof at least six shall have taken part in the conference of The Hague, shall have ratified its provisions.
It turns out that ours is the only delegation which has anything like a full and carefully adjusted plan for a court of arbitration. The English delegation, though evidently exceedingly desirous that a system of arbitration be adopted, has come without anything definitely drawn. The Russians have a scheme; but, so far as can be learned, there is no provision in it for a permanent court.