of adhesion (Article XCIII, paragraph 2) or of denunciation (Article XCVI, paragraph 1) have been received.

"Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.

"In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.

"Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Contracting Powers."

[Here follow signatures.]

HANNEMA

And whereas the said Convention was signed by the Plenipotentiaries of the United States of America under reserve of the declaration made by them to the International Peace Conference at its session of October 16, 1907, as follows:

"Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions of policy or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply a relinquishment by the United States of its traditional attitude toward purely American questions; ' ;"

And whereas the Senate of the United States, by its resolution of April 2, 1908 (two-thirds of the Senators present concurring therein), did advise and consent to the ratification of the said Convention with the following understanding and declarations, to wit:

"Resolved further, as a part of this act of ratification, That the United States approves this convention with the understanding that recourse to the permanent court for the settlement of differences can be had only by agreement thereto through general or special treaties of arbitration heretofore or hereafter concluded between the parties in dispute; and the United States now exercises the option contained in article fifty-three of said convention to exclude the formulation of the 'compromis' by the permanent court, and hereby excludes from the competence of the permanent court the power to frame the 'compromis' required by general or special treaties of arbitration concluded or hereafter to be concluded by the United States, and further expressly declares that the 'compromis' required by any treaty of arbitration to which the United States may be a party shall be settled only by agreement between the contracting parties unless such treaty shall expressly provide otherwise."

And whereas the said Convention has been duly ratified by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Germany, AustriaHungary, Bolivia, China, Denmark, Mexico, the Netherlands, Russia,

Salvador, and Sweden, and the ratifications of the said Governments were, under the provisions of Article 92 of the said Convention, deposited by their respective plenipotentiaries with the Netherlands Government on November 27, 1909;

Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof, subject to the reserve made in the aforesaid declaration of the Plenipotentiaries of the United States and to the aforesaid understanding and declarations stated and made by the Senate of the United States in its resolution of April 2, 1908.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thousand nine hundred and ten, [SEAL.] and of the Independence of the United States of America the one hundred and thirty-fourth.

By the President:

P. C. KNOX,

Secretary of State.

WM. H. TAFT.

APPENDIX III

1907

INTERNATIONAL PRIZE-COURT CONVENTION

Signed at The Hague October 18, 1907; ratification advised by the Senate February 15, 1911

The text of this convention is taken from the copy printed for the use of the Senate of the United States.

"Animated by the desire to settle in an equitable manner the differences which sometimes arise in the course of a naval war in connection with the decisions of National Prize-Courts;

"Considering that, if these Courts are to continue to exercise their functions in the manner determined by national legislation, it is desirable that in certain cases an appeal should be provided under conditions conciliating, as far as possible, the public and private interests involved in matters of prize;

"Whereas, moreover, the institution of an International Court, whose jurisdiction and procedure would be carefully defined, has seemed to be the best method of attaining this object;

"Convinced, finally, that in this manner the hardships consequent on naval war would be mitigated; that, in particular, good relations will be more easily maintained between belligerents and neutrals and peace better assured;

"Desirous of concluding a Convention to this effect, have appointed the following as their Plenipotentiaries:"

[For names of Plenipotentiaries see Final Act, supra.]

"Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions:

PART I-General Provisions

ARTICLE I

"The validity of the capture of a merchant ship or its cargo is decided before a Prize-Court in accordance with the present Convention when neutral or enemy property is involved.

ARTICLE II

"Jurisdiction in matters of prize is exercised in the first instance by the Prize-Courts of the belligerent captor.

"The judgments of these Courts are pronounced in public or are officially notified to parties concerned who are neutrals or enemies.

ARTICLE III

"The judgments of National Prize-Courts may be brought before the International Prize-Court

"1. When the judgment of the National Prize-Courts affects the property of a neutral Power or individual;

"2. When the judgment affects enemy property and relates to

"(a.) Cargo on board a neutral ship;

"(b.) An enemy ship captured in the territorial waters of a neutral Power, when that Power has not made the capture the subject of a diplomatic claim;

"(c.) A claim based upon the allegation that the seizure has been effected in violation either of the provisions of a Convention in force between the belligerent Powers or of an enactment issued by the belligerent captor.

"The appeal against the judgment of the National Court can be based on the ground that the judgment was wrong either in fact or in law.

ARTICLE IV

"An appeal may be brought

"1. By a neutral Power, if the judgment of the National Tribunals injuriously affects its property or the property of its nationals (Article III (1)), or if the capture of an enemy vessel is alleged to have taken place in the territorial waters of that Power (Article III (2) (b));

"2. By a neutral individual, if the judgment of the National Court injuriously affects his property (Article III (1) ), subject, however, to the reservation that the Power to which he belongs may forbid him to bring the case before the Court or may itself undertake the proceedings in his place;

"3. By an individual subject or citizen of an enemy Power, if the judgment of the National Court injuriously affects his property in the cases referred to in Article III (2), except that mentioned in paragraph (b).

ARTICLE V

"An appeal may also be brought, on the same conditions as in the preceding Article, by persons belonging either to neutral States or to the enemy, deriving their rights from and entitled to represent an individual qualified to appeal, and who have taken part in the proceedings before the National Court. Persons so entitled may appeal separately to the extent of their interest.

"The same rule applies in the case of persons, belonging either to neutral States or to the enemy, who derive their rights from and are entitled to represent a neutral Power whose property was the subject of the decision.

ARTICLE VI

"When, in accordance with the above Article III, the International Court has jurisdiction, the National Courts cannot deal with a case in more than two instances. The municipal law of the belligerent captor shall decide whether the case may be brought before the International Court after judgment has been given in first instance or only after an appeal.

"If the National Courts fail to give final judgment within two years from the date of capture, the case may be carried direct to the International Court.

ARTICLE VII

"If a question of law to be decided is covered by a Treaty in force between the belligerent captor and a Power which is itself or whose subject or citizen is a party to the proceedings, the Court is governed by the provisions of the said Treaty.

"In the absence of such provisions, the Court shall apply the rules of international law. If no generally recognized rule exists, the Court shall give judgment in accordance with the general principles of justice and equity.

"The above provisions apply equally to questions relating to the order and mode of proof.

"If, in accordance with Article III (2) (c), the ground of appeal is the violation of an enactment issued by the belligerent captor, the Court will enforce the enactment.

"The Court may disregard failure to comply with the procedure laid down in the enactments of the belligerent captor, when it is of opinion that the consequences of complying therewith are unjust and inequitable.

ARTICLE VIII

"If the Court pronounces the capture of the vessel or cargo to be valid, they shall be disposed of in accordance with the laws of the belligerent captor.

"If it pronounces the capture to be null, the Court shall order restitution of the vessel or cargo and shall fix, if there is occasion, the amount of the damages. If the vessel or cargo have been sold or destroyed, the Court shall determine the compensation to be given to the owner on this

account.

"If the national Court pronounced the capture to be null, the Court can only be asked to decide as to the damages.

ARTICLE IX

"The Contracting Powers undertake to submit in good faith to the decisions of the International Prize-Court and to carry them out with the least possible delay.