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Chapter V

Speech of
M. Odier.

Powers the result of its reflections without wishing to impose its opinion upon any one. There were provisions in all of the projects under discussion which naturally would give rise to the fears expressed by Professor Zorn, but these were misunderstandings which it ought to be easy to dispose of during the discussion which was sure to arise. Might it not be possible, for example, to adopt at the head of all the provisions about the permanent tribunal an article recognizing the absolute liberty of the parties in litigation to make their own free choice. It might be expressed as follows:

"In the case of a conflict between the signatory or adhering Powers they shall decide whether the controversy is of a nature to be brought before a tribunal of arbitration, constituted according to the following Articles, or whether it is to be decided by an arbitrator or a special tribunal of arbitration."

The Chairman thought that as the Committee were agreed in declaring that the permanent tribunal of arbitration should not be obligatory upon any one. and as we were all in accord upon this principle, it might be best to reserve the question as to whether it should be expressed in a preliminary article or otherwise. The Committee being of the same opinion as the Chairman upon this point, M. Odier of Switzerland wished to adhere expressly to the declarations previously made by M. Descamps and Count Nigra in favor of the establishment of the permanent tribunal of arbitration. There had arisen in the world more than a hope it was an expecta

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tion and public opinion was convinced, especially Chapter V on the question of arbitration, that important results would come from this Conference. It was not possible to deny that practically we had it in our power to take at this moment a new and decisive step forward, in the road of general human progress. If we recoil or reduce to insignificant limits the innovations which every one expects from us, we would cause a universal disappointment of which the responsibility would rest forever upon us and upon our Governments. The one important innovation which we can present to humanity at large is the establishment of a permanent institution which will always be in evidence before the eyes of the world, a tangible result, so to speak, of the progress which had been made. While recognizing the force of the objections raised on behalf of Germany, M. Odier, therefore, cordially joined in the wish expressed by Count Nigra that the German Delegate would once more refer the question to his Government.

Professor

Professor Lammasch of Austria-Hungary also Speech of wished to express his opinion and his reserves. Lammasch. Notwithstanding the fact that the circular of Count Mouravieff had made no mention whatever as to the possibility of the establishment of the permanent tribunal, he had not opposed the acceptance by the Committee of the project of Lord Pauncefote as the basis of the discussion, but he was not empowered to act so far as to declare that Austria-Hungary was ready to indorse the establishment of a permanent tribunal. This institution

Chapter V

Speech of
Mr. Holls.

might, indeed, be established in many ways, some of which might be objectionable, according to the further decisions of the Conference. Professor Lammasch concluded by saying that he accepted the project of Lord Pauncefote as the basis of the discussion, in order not to delay or hinder the very important work of the Committee, and that he was ready to take part in the discussion with all possible good will, but under the express reserve that his participation in the debate could have no other character than that of a preliminary examination of the question, and that it could not for the present in any way commit his Government. This discussion and reserve of Professor Lammasch was duly entered upon the minutes.

Mr. Holls, on behalf of the United States of America, made a declaration, of which the following is a

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"I have listened with the greatest attention to the important exchange of opinion which has just taken place between the representatives of different great European States. It has seemed proper to me, representing, as it were, a new Power, that precedence in the discussion should naturally be given to the delegates of the older countries. This is the first occasion upon which the United States of America takes part under circumstances so momentous in the deliberations of the States of Europe, and having heard, with profound interest, the views of the Great European Powers, I consider it my duty to my Government, as well as to the Committee, to express upon

this important subject the views of the Government Chapter V of the United States with the utmost frankness. I join most sincerely and cordially in the requests which have been addressed to the honorable delegate of the German Empire.

"In no part of the world has public opinion so clearly and unmistakably expressed its adherence to the noble sentiments of His Majesty the Emperor of Russia, which have led to the calling of this Conference, as in America, both North and South. Nowhere do more sincere wishes, hopes, and prayers ascend to heaven for the success of this Conference. The Commission of the United States of America has received hundreds of expressions of sympathy and support, not only from the United States, but from the entire American Continent, and these manifestations come, not only from individuals, but from secular organizations of the highest standing and the widest influence and from great and powerful churches-some of them representing millions of members. In consequence we, the members of this Conference, are bound, so to speak, by a most solemn moral obligation, incurred, not between the Governments, but between the peoples of the civilized world. As it was most fittingly expressed in a great national crisis of my own country by its greatest modern statesman, Abraham Lincoln, we cannot escape history. We, of this Conference and of this Committee, will be remembered in spite of ourselves-no personal significance or insignificance can spare one or another of us.'

Chapter V Let me ask the honorable members of this Committee Speech of Mr. to approach the question before us in a practical

Holls.

spirit, such as is generally attributed to us Americans; let us observe the true state of public opinion. Public opinion, all over the world, is not only eagerly hoping for our success, but it should be added that it has become uneasy and anxious about it. The powers of unrest and discord are even now exulting over what they hope will prove to be our ignominious failure.

"On the other hand, the fear is abroad, most unmistakably, even among our friends and wellwishers, that by reason of conflicting interests of a political nature, or for other causes which cannot be discussed openly, the results of this Conference may turn out to be purely platonic, inadequate, unsatisfactory, perhaps even farcical; and, moreover, it should be clearly recognized and remembered that public anxiety on this point is based upon recent experience in a case presenting many analogies to the situation before us. A Conference was called not many years ago upon the noble and generous initiative of His Majesty the German Emperor, upon a subject profoundly interesting to mankind; namely, the proper protection of the interests of labor, and it met at Berlin, having a most distinguished and representative membership; but what was the result? Resolutions of a purely academic character were adopted, and that Conference is even now almost forgotten.

"Civilized, educated, progressive public opinion,

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