chanan, then President, a Treaty made between the Chapter VI United States and Bolivia contemplated a later agreement to relinquish the right of capturing private property upon the high seas.

"In 1871, in her Treaty with Italy, the United States again showed adhesion to the same policy. Article 12 runs as follows:

"The High Contracting Parties agree that, in the unfortunate event of a war between them, the private property of their respective citizens and subjects, with the exception of contraband of war, shall be exempt from capture or seizure, on the high seas or elsewhere, by the armed vessels or by the military forces of either party; it being understood that this exemption shall not extend to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of either party.'

"It may be here mentioned that various Powers represented at this Conference have at times indicated to the United States a willingness, under certain conditions, to enter into arrangements for the exemption of private property from seizure on the high seas.

"It ought also to be here mentioned that the doctrine of the Treaty of 1871 between Italy and the United States had previously been asserted in the Code of the Italian Merchant Navy as follows:

"La capture et la prise des navires marchands d'un État ennemi par les navires de guerre seront abolies par voie de réciprocité à l'égard des États qui adoptent la même mesure envers la marine marchande

Chapter VI italienne.

the American

La réciprocité devra résulter de lois Memorial of locales, de conventions diplomatiques, ou de déclaraCommission. tions faites par l'ennemi avant le commencement de la guerre.' (Art. 211.)

"And in the correspondence with Mr. Middleton, the Representative of the United States at the Russian Court, Count Nesselrode, so eminent in the service of Russia, said that the Emperor sympathized with the opinions and wishes of the United States, and that, as soon as the Powers whose consent he considers as indispensable shall have shown the same disposition, he will not be wanting in authorizing his ministers to discuss the different articles of an act which will be a crown of glory to modern diplomacy.'

"In this rapid survey of the course which the United States have pursued during more than a century, Your Excellency will note abundant illustration of the fact above stated- namely, that the instructions under which we now act do not result from the adoption of any new policy by our Government, or from any sudden impulse of our people, but that they are given us in continuance of a policy adopted by the United States in the first days of its existence and earnestly urged ever since.

"Your Excellency will also remember that this policy has been looked upon as worthy of discussion in connection with better provisions for international peace, not only by eminent statesmen and diplomatists in the active service of various great nations, but that it has also the approval of such eminent

recent authorities in international law as Bluntschli, Chapter VI Pierantoni, De Martens, Bernard, Massé, De Laveleye, Nys, Calvo, Maine, Hall, Woolsey, Field, Amos, and many others.

"We may also recall to your attention that the Institute of International Law has twice pronounced in its favor.

"The proposition which we are instructed to present may be formulated as follows:

proposed

"The private property of all citizens or subjects Text of the of the signatory Powers, with the exception of contra- article. band of war, shall be exempt from capture or seizure on the high seas or elsewhere by the armed vessels or by the military forces of any of the said signatory Powers. But nothing herein contained shall extend exemption from seizure to vessels and their cargoes which may attempt to enter a port blockaded by the naval forces of any of the said Powers.

"La propriété privée de tous les citoyens ou sujets des Puissances signataires, à l'exception de la contrabande de guerre, sera exempte en pleine mer ou autre part de capture ou de saisie par les navires armés ou par les forces militaires des dites Puissances. Toutefois cette disposition n'implique aucunement l'inviolabilité des navires qui tenteraient d'entrer dans un port bloqué par les forces navales des susdites Puissances, ni des cargaisons des dits navires.'

"As regards the submission of this question to the Conference at this time, we most respectfully present the following additional observations.

"At the second session of the Conference held on

Chapter VI

Text of the proposed article.

the 20th of May, it was decided in connection with the establishment of the three Commissions to which were referred the various articles of the Russian circular of December 30, 1898/January 11, 1899, as follows:

"Il est entendu qu'en dehors des points mentionnés ci-dessus, la Conférence ne se considère comme compétente pour l'examen d'aucune autre question. En cas de doute la Conférence aurait à décider si telle ou telle proposition émise dans les commissions rentrerait ou non dans le cadre tracé par ces points.'

"The fact that we have received the instructions herein referred to, from the President of the United States, shows that the scope of the Conference was believed by our Government to be wide enough to include this question.

"The invitation from the Government of the Netherlands in response to which we are here invites us as follows, afin de discuter les questions exposées dans la seconde circulaire russe du 30 decembre 1898/11 janvier 1899, ainsi que toutes autres questions se rattachant aux idées émises dans la circulaire du 12/24 août 1898; avec exclusion, toutefois, des délibérations de tout ce qui touche aux rapports politiques des États ou à l'ordre de choses établi par

les traités.'

"We respectfully submit that a rule of war relating to the amelioration of its hardships as practised upon the sea attaches as fairly to the ideas put forth in the Russian circular of August 12/24, 1898, as the stipulations of the Geneva Convention or the

Rules of War relating to operations on land of the Chapter VI Brussels Conference of 1874. If the Russian circular of December 30, 1898/January 11, 1899, did not specifically mention this question, the Government of the United States has assumed that it was because the Russian Government wished the Conference to decide for itself whether the question should be discussed.

"It would certainly appear from the foregoing statements that there is here at least a case of doubt calling for submission to the Conference as is contemplated in the resolution adopted by the Conference on the 29th of May, and in view of this fact the Delegation of the United States of America respectfully request that the matter be submitted by Your Excellency to the proper Commission or to the Conference itself, that it may be decided whether our proposal is among those which should now be considered.

"In submitting this request allow us to present to Your Excellency the assurance of our most distinguished consideration.

"ANDREW D. WHITE, President.
"SETH LOW.

"STANFORD NEWEL.

"A. T. MAHAN.

"WILLIAM CROZIER.

"FREDERICK W. HOLLS, Secretary."

This letter was referred by the President to the Second Committee, and at the meeting of the full