Captain Mahan, gave the following reasons for Chapter III voting against this provision, and they were inserted in the report of the proceedings of the Committee: Mahan's "1. That no shell emitting such gases is as yet Captain in practical use or has undergone adequate experi-objections. ment; consequently, a vote taken now would be taken in ignorance of the facts as to whether the results would be of a decisive character, or whether injury in excess of that necessary to attain the end. of warfare, of immediately disabling the enemy, would be inflicted. "2. That the reproach of cruelty and perfidy addressed against these supposed shells was equally uttered formerly against firearms and torpedoes, although each are now employed without scruple. Until we know the effects of such asphyxiating shells, there was no saying whether they would be more or less merciful than missiles now permitted. "3. That it was illogical and not demonstrably humane, to be tender about asphyxiating men with gas, when all were prepared to admit that it was allowable to blow the bottom out of an ironclad at midnight, throwing four or five hundred men into the sea to be choked by water, with scarcely the remotest chance of escape. If, and when, a shell emitting asphyxiating gases has been successfully produced, then, and not before, will men be able to vote intelligently on the subject." Whatever views may be held upon the merits of the various propositions considered by the First Committee, there can be no question as to the great Chapter III value of the deliberations themselves. Professional authorities may be relied upon to continue the work of investigation and discussion begun at The Hague, to the great advantage, no doubt, of that "further study on the part of the various Governments," which the Peace Conference was obliged to content itself in recommending. CHAPTER IV THE WORK OF THE SECOND COMMITTEE I. THE CONVENTION FOR THE ADAPTATION TO MARI- THE Second Committee of the Conference, to which was referred the subject of the extension of the principles of the Geneva Convention of August 22, 1864, to maritime warfare, referred the subject to its First Sub-Committee, presided over by M. Asser of the Netherlands, and this in turn appointed a Committee consisting of Professor Renault of France, Chairman and Reporter, Vice-Admiral Sir John Fisher of Great Britain, Captain Scheine of Russia, Captain Siegel of Germany, Lieutenant-Colonel á Court of Great Britain, and Lieutenant Ovtchinnikow of Russia, which elaborated the articles embodied in the treaty on the subject. In his report to the Conference, Professor Renault uses the following language: Professor "The general ideas which guided us are as fol- Report of lows: We considered it necessary to confine our-Renault. selves to the study of essential principles, and not to enter into details of organization and of regulations, which each State must fix according to its interests Chapter IV and its customs. We determined the legal status from the international point of view of hospital ships; but how are such ships to be provided for? What shall be the duty of ships belonging to the State as distinguished from those belonging to relief societies? Should even such ships as are furnished by individuals for hospital service during a war be considered? These are questions which should be determined by each Government. They are not susceptible of a uniform solution because the situations. are too diverse. In all countries the force of private charity may prove to be more or less active; besides, however much we may be animated by sentiments of humanity, we must not forget the necessities of war. It is necessary to avoid results, inspired, no doubt, by most generous sentiments, but exposed to the risk of frequent disregard by belligerents, because the latter's freedom of action may be unduly impaired. Humanity does not gain much by the adoption of a rule which remains a dead letter, and the idea of respect for engagements would only be enfeebled thereby. It is, therefore, indispensably necessary to impose no obligations except such as can be fulfilled. under all circumstances, and otherwise to allow the combatants all the latitude which they require. It is to be hoped that this will never be used for the purpose of hindering uselessly the work of alleviating suffering." The representative of the United States on the sub-committee of the Second Committee of the Conference was Captain Alfred T. Mahan, whose careful and lucid report regarding the work of the sub-com- Chapter IV mittee and his own attitude is deserving of special attention. It will be found in full in the Appendix. The articles of the treaty are as follows: ARTICLE 1. Military hospital ships, that is to say, Official ships constructed or assigned by States especially and hospital ships. solely for the purpose of assisting the wounded, sick, or shipwrecked, and the names of which shall have been communicated to the belligerent Powers at the commencement or during the course of hostilities, and in any case before they are employed, shall be respected, and cannot be captured while hostilities last. These ships, moreover, are not on the same footing as men-of-war as regards their stay in a neutral port. relief societies ARTICLE 2. Hospital ships equipped solely or in Hospital ships part by the moneys of private individuals, or officially equipped by recognized relief societies, shall likewise be respected viduals or and exempt from capture, provided the belligerent of belligerent Power to whom they belong has given them an powers. official commission, and has notified their names to the opposing Power at the commencement of or during hostilities, and in any case before they are employed. These ships must be furnished with a certificate from the proper authorities declaring that they had been under their control while fitting out, and on final departure. equipped in ARTICLE 3. Hospital ships equipped wholly or in Hospital ships part at the cost of private individuals or officially neutral counrecognized societies of neutral countries, shall be re-tries. spected and exempt from capture, if the neutral Power to whom they belong has given them an official commission and notified their names to the |