Carnegie Endowment for International Peace DIVISION OF INTERNATIONAL LAW INSTRUCTIONS TO THE AMERICAN DELEGATES TO THE HAGUE PEACE CONFERENCES AND THEIR OFFICIAL REPORTS EDITED, WITH AN INTRODUCTION BY JAMES BROWN SCOTT DIRECTOR NEW YORK OXFORD UNIVERSITY PRESS AMERICAN BRANCH 35 WEST 32KB ST London, Toronto, Melbourne and Bombay HUMPHREY MILFORD 1916 COPYRIGHT 1916 BY THE CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE WASHINGTON, D. C. INTRODUCTION . There comes a time when people must stand up to be counted, or, more elegantly expressed, when they must confess their faith in public, and it would seem that the present is a time when those who believe in the wisdom and in the efficacy of the Hague Conventions should give public expression to their belief. The United States welcomed the call to a conference issued by Nicholas II, the present Czar of All the Russias, and the American delegates to the First Hague Conference, under the leadership of the Honorable Andrew D. White, were not the least influential in nego tiating the Convention for the pacific settlement of international dis putes, at a time when it seemed likely to fail, and which, when nego tiated, justified the call of the Conference. Secretary of State Hays instructions to the American delegates, contained a brief history of the peace movement in America and posi tive directions to secure the establishment of a Permanent Court of Arbitration. The United States not merely welcomed the call to the Second Hague Conference but grew weary of waiting for the call which did not come. It therefore sounded the Governments, twenty-six in number, repre sented at the First Conference as to their willingness to attend a second conference, suggested the broad outlines of a program, and expressed the Presidents desire and hope that the undying memories which cling about The Hague as the cradle of the beneficent work which had its beginning in 1899 may be strengthened by holding a second peace conference in that historical city. The replies to the circular instruc tion, dated October 21, 1904, were uniformly favorable and, the war between Japan and Russia being brought to an end by the good offices of the President of the United States, who had recently proposed to the Powers the meeting of a second conference, steps were taken by Russia immediately after the signing of the treaty of Portsmouth on September 6, 1905, to arrange for that second conference whose meet ing had already been assured by the President of the United States. Through the tactful intervention of Mr. Root, who had succeeded Mr. Hay as Secretary of State upon his untimely death, a method was devised allowing non-signatory States to adhere to the acts of the 11 INTRODUCTION First Conference, and through Secretary Roots wisdom, foresight and initiative all American States were invited to send delegates to the Second Conference, instead of the three American republics alone invited to the First. Secretary Roots instructions to the American delegates to the Second Conference show the same interest in that august assembly, and the desire for positive results tending to preserve the peace of the world, as did the instructions of his illustrious predecessor. The American delegates to the Second Conference, under the leader ship of the Honorable Joseph H. Choate, were not the least influential in securing the acceptance in principle of the Court of Arbitral Jus tice, a court to be composed of permanent judges acting under a sense of judicial responsibility, to be established alongside of the so-called Permanent Court of the First Conference, due in such large measure to the efforts of the American delegation at that Conference. The reports of the American delegates to the two Conferences are clear, accurate and convincing documents, written from the standpoint of firm believers in international justice and therefore in international peace...