stated, and should be made to depend upon the wound occasioned by their use. In other words, it should be based upon the character and extent of the injury so inflicted; upon the destruction of tissues, rather than upon the mechanical construction of the projectile which causes the destruction.

It was believed that the time had come for the adoption of a sound and wholesome prohibition upon the use of small-arm projectiles the effects of which upon the human body are in excess of the requirements of civilized warfare. A government has the right to use a projectile which, by its shock of impact, will place an individual combatant hors de combat. So much of injury is lawful, but all injury in excess of the limit so imposed is unlawful, because it is cruel, inhuman, accomplishes no military purpose, and exceeds the standards of reasonable military necessity.

A proposition couched in the following language, which is identical with that used by General Crozier in 1899, was prepared, and printed and distributed in the manner prescribed by the rules governing the procedure of the Conference and its committees:

"The use of bullets which inflict unnecessarily cruel wounds— such as explosive bullets and, in general, every kind of bullet which exceeds the limit necessary for placing a man immediately hors de combat-should be forbidden."

On the day set apart for the discussion of the declaration it was called up, but was ruled out of order by the president of the Second Committee, on the ground that the amendment of the two declarations, which were still in force, was not included in the programme, and upon the further ground that a treaty stipulation, in the form of a declaration, could only be amended at the suggestion of a power which had formally denounced it.

It was suggested to the chair that, as the United States had never become a party to the declaration, it was in substantially the same position, in so far as its amendment and adoption were concerned, as if it had adhered to the stipulation and had subsequently denounced it; but this suggestion was not accepted.

Formal exception was then taken to these rulings, but, as they seemed to have received the tacit approval of the delegates who composed the membership of the committee, it was not deemed expedient to appeal from the decision of the chair in respect to an interpretation of a conventional stipulation which would not have been reached by an application of any of the rules for the interpretation of treaties and statutes which are known to the common law.

RECOMMENDATIONS OF THE PEACE CONFERENCE AT THE HAGUE, ADOPTED JULY 29, 1899

The Conference is of opinion that the limitation of the military burdens which now weigh so heavily upon the world is highly desirable for the enlargement of the moral and material well-being of humanity.'

I. The Conference, in view of the steps already taken by the Federal Government of Switzerland, with a view to the revision of the Geneva Convention, gives expression to the desire that it be succeeded by the meeting of a conference having for its object the revision of that Convention.'

II. The Conference gives expression to the desire that the question of the rights and duties of neutrals be inscribed on the programme of the next Conference.'

III. The Conference gives expression to the desire that the questions relating to marine artillery and small-arms, such as have been investigated by it, be studied by governments with a view to reach an understanding in respect to new types and calibers.'

IV. The Conference gives expression to the desire that governments, taking account of the propositions made to the Conference, should study the possibility of an understanding in respect to the limitations of military and naval forces and war budgets.'

V. The Conference gives expression to the desire that the proposition having for its object the inviolability of private property in maritime warfare should be referred to a future Conference for investigation.'

VI. The Conference gives expression to the desire that the proposition to regulate the question of the bombardment of ports, towns, villages, by naval forces should be referred to a future Conference.'

This resolution was unanimously agreed to.

2 Agreed to by the Conference with some abstentions from voting.

APPENDIX E

THE SECOND PEACE CONFERENCE AT THE HAGUE (June 15-October 19, 1907)

THE Second Peace Conference convoked by his Majesty the Emperor of Russia, upon the suggestion of the President of the United States, completed its labors on October 19, 1907, after a series of discussions extending through a period of over four months. The Conference was composed of one hundred and eight delegates plenipotentiary, representing forty-four sovereign states. As a result of its deliberations thirteen conventions have been adopted, together with two declarations, one resolution, and five vaux, or expressions of desire upon questions of serious international concern. The following conventions were adopted, some with substantial unanimity, others with certain exceptions and reservations. The following are the titles of the conventions adopted by the Conference:

I. A Convention for the pacific settlement of international conflicts, being an amendment of the corresponding agreement of July 29, 1899.

II. A Convention relative to the recovery of contractual debts. III. A Convention relative to the opening of hostilities.

IV. A Convention concerning the laws and customs of war on land.

V. A Convention concerning the rights and duties of neutral states and individuals in land warfare.

VI. A Convention regarding the treatment of the enemy's merchant ships at the outbreak of hostilities.

VII. A Convention regarding the transformation of merchant ships into vessels of war.

VIII. A Convention in regard to the placing of submarine mines.

IX. A Convention concerning the bombardment of undefended towns by naval forces.

X. A Convention for the adaptation of the principles of the Geneva Convention to maritime warfare.

XI. A Convention imposing certain restrictions upon the right of capture in maritime war.

XII. A Convention providing for the establishment of an international prize-court

XIII. A Convention defining the rights and duties of neutral states in maritime war.

Results of the Second Peace Conference, 1907.-Apart from the additions made to the original Convention in connection with the Commission of Inquiry, the general arbitration treaty underwent but little change as a result of the deliberations of the Second Peace Conference. Article xlviii. of the Convention of 1899 provided that a signatory power might remind the conflicting parties that the Permanent Tribunal was open, and that its aid might be invoked in the adjustment of their dispute. To this was added, in the Convention of 1907, a requirement that, in the event of a controversy between two or more of the signatory powers, one of them might address the International Bureau at The Hague, declaring its willingness to submit its dispute to arbitral adjustment. This offer is required to be communicated to the other powers. Upon the suggestion of the Delegation of France, a more summary and expeditious procedure was authorized than that provided for in the general undertaking. The tribunal is to be composed of three instead of five members, and the umpire, in case of disagreement, is to be chosen by lot from members of the Permanent Court who are strangers to the controversy. The proceedings are reduced to writing, and each litigant is entitled to require the attendance of witnesses and experts.

The delegation of the United States to the Second Peace Conference introduced, and vigorously supported, a proposition looking to a reasonable measure of obligatory arbitration. At the final vote on this proposition a considerable majority was recorded in its favor. That the measure failed of ultimate adoption was due to the determined opposition of several European states under the leadership of Germany; and the matter was finally disposed of by the adoption of a declaration, in which the principle of compulsory arbitration was unanimously accepted, together with a declaration that certain disputes, especially those relating to the interpretation and application of the provisions of international agreements, may be submitted to compulsory arbitration without restriction. Prior to the meeting of the Conference of 1907 a number of arbitration treaties were adopted by European states, 1 For the text of this resolution, see the Final Act of the Conference.

in some of which obligatory articles were embodied. Similar undertakings have been entered into by the states of the Western Hemisphere. These treaties, which are steadily increasing in number and importance, indicate a growing interest in the subject, but do not warrant the conclusion that the states of the civilized world are prepared to accept the principle of world arbitration.

THE HIGH CONTRACTING Powers

Animated by a steadfast desire to co-operate in the maintenance of peace;

Resolved to put forth every endeavor in behalf of the amicable adjustment of international conflicts;

Recognizing the mutual responsibility which underlies the principles of the society of civilized nations;

Desiring to extend the empire of law and to fortify the sanctity of international justice;

Convinced that the establishment among the independent powers of an international arbitral jurisdiction, accessible to all, will contribute efficaciously to that end;

Considering the advantages of a general and regular organization of the arbitral procedure;

Esteeming that the August Initiator of the International Conference of Peace, with its object to concur in an international agreement based upon the principles of equity and law, upon which the security of states and the happiness of peoples rest;

Desiring to that end, to better assure the practical working of the Commission of Inquiry and the arbitral tribunals, and to facilitate recourse to arbitral justice, when there is a question of litigation of a nature to demand a summary procedure

Have judged it necessary to re-examine certain points and to complete the work of the First Peace Conference for the amicable adjustment of international disputes, etc., etc.

TITLE I-ON THE MAINTENANCE OF THE GENERAL PEACE Article I. With a view to obviating, as far as possible, recourse to force in the relations between states, the signatory powers agree to use their best efforts to insure the pacific settlement of international differences.

TITLE II-ON GOOD OFFICES AND MEDIATION

Art. II. In case of serious disagreement or conflict, before an appeal to arms, the signatory powers agree to have recourse, as far