What a bundle of limitations! “As far as circumstances allow,” “neither honor nor vital interests.” It can be seen with what timidity and circumspection these grewsome instruments called “jurisdiction,” “process of inquiry”—that is, right and truth,—are taken hold of. Torpedoes, dumdum bullets, ekrasit, and lyddite—we are already used to such things, we are no longer afraid of them; but legal processes in international affairs,—those would be too dangerous for vital interests: at all events, for the interests of militarism....
The origin of this formula “honor and vital interests of a nation” is well known. It has always been produced in the following form by the opponents of international arbitration: “Hitherto courts of arbitration have exercised their functions in small matters but not in important ones.” What has hitherto been used as an argument is now to be incorporated in a treaty!
To some the limitations seem superfluous, to others the whole proposition seems too far-reaching and—being without precedent—too uncanny; hence the adjournment to wait for further instructions. Stead, in his chronicle in the Dagblad, calls attention to this and implores the committee to modify the article at the next reading.
On the nineteenth of July the committee assembles again. Herr Beldimann in an hour’s speech attacks the Commission of Inquiry with all his energy. Roumania, he declares, will enter into no arrangement that shall have an obligatory character. Not for a moment will it permit the rights of its sovereign independence to be brought into question. (I love the Roumanians proud!) He moves the rejection of the whole proposition. Servia upholds the arguments of the previous speaker. Chevalier Descamps defends the motion, and he is followed in this by Herr Martens, who speaks with still greater energy. Objections like those expressed by the representative of Roumania ought not to prevent an arrangement which is calculated to assure universal peace and avoid conflicts.
In the afternoon comes the second meeting of the committee. The text of the controverted paragraph is somewhat altered. An additional clause reads:
The report of the International Commission of Inquiry is limited to a statement of facts, and has in no way the character of an arbitral decision. It leaves the powers that are in dispute entire freedom as to the weight to be given to this statement.
On the other hand, the phrase “honor and vital interests” is omitted. Roumania and Servia desire to wait for further instructions by wire.
July 20. The articles regarding mediation and good offices are accepted without objection. When the article on the Commission of Inquiry is reached, Beldimann declares that he has not yet received any reply from his government. A few delegates are indignant at the further procrastination, and it is finally decided to take up the article again in two days. Now, without further objections, the reading of the report is continued. When Article 27 is reached,—the one proposed by D’Estournelles, which lays an obligation upon the powers to remind parties in dispute that there is a Tribunal,—the interest of the session reaches its culminating point.
The representatives of Roumania and Servia set themselves in violent opposition to it. But Professor Zorn warmly advocates its acceptance. Dr. Holls declares that Article 27 is the crown of the whole work, and he decidedly protests against any change in its wording.
Count Nigra, kindled by the electricity of the atmosphere, springs up and apostrophizes the representatives of the Danube states: “We are here neither as great nor as small states; we are all alike sovereign—we act here as free and equal.”