Autobiography of Andrew Dickson White — Volume 2White, Andrew Dickson
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Autobiography of Andrew Dickson White — Volume 2
White, Andrew Dickson
Cornell University; Diplomats -- United States -- Biography; White, Andrew Dickson, 1832-1918
As to the fifth, sixth, and seventh articles, aiming, in the
interest of humanity, to succor those who by the chance of battle
have been rendered helpless, to alleviate their sufferings, and
to insure the safety of those whose mission is purely one of
peace and beneficence, we are instructed that any practicable
proposals should receive our earnest support.
On the eighth article, which proposes the wider extension of
"good offices, mediation, and arbitration," the secretary dwells
with much force, and finally says: "The proposal of the
conference promises to offer an opportunity thus far unequaled in
the history of the world for initiating a series of negotiations
that may lead to important practical results." The delegation is
therefore enjoined to propose, at an opportune moment, a plan for
an International Tribunal of Arbitration which is annexed to the
instructions, and to use their influence in the conference to
procure the adoption of its substance.
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."
Public-domain text, read in full here on John Shaqi.
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