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The Almighty has planted in the depths of the human soul a divine spark of love and justice which in all times and in all societies are the forces which sustain and impel it.

The deafening roar of the factories, the masterful power of steam and electricity, annihilating space and conquering time in their unceasing career, the grandeur and magnificence of the cities, the pride and the power of a people at the climax of their strength and onward march, are simple manifestations of well being and material progress and will pass away as have passed other grandeur and other civilizations, now covered with the dust of oblivion. But without doubt something survives this vanishing away. It is the ideals which give a soul to the peoples and illuminate their career and which will live and be immortal, pointing the way to newer horizons of peace and good will.

Those who accuse the American people of having no other thought than the almighty dollar, neither know nor have pondered that athwart this marvelous and feverish industrial activity is another manifestation, less clamorous but more fervent and profound. It is the expression of the noble sentiments of a great people, and shows how false the idea of supposing that all here is weighed in the balance with dollars and cents. Were it so, hope in the final triumph of right as the supreme manifestation of democracy would be lost.

Fortunately these noble aspirations of justice and fraternity exist not in vain in the heart of man. Nowhere do we find more beautiful or numerous tributes paid to these virtues than here. This very Conference, dedicated to the promulgation and diffusion of international arbitration ideas, is a fine proof of a vigorous national sentiment condemning the resort to arms when is open the peaceful highway of international arbitration.

That people who with firm protest raised its voice condemning the murder of defenseless Jews and peaceful Armenians, who with praiseworthy disinterestedress lent its support and help to a sister republic in order to establish firmly its independence, who outpoured rivers of blood and treasure to uproot slavery in its own midst, who, first to give help in great misfortunes, responded with generous promptitude in succor of the destroyed Italian cities, is without doubt the people called to bear aloft in the vanguard of the world the standard of international arbitration, for moreover this people has the strength and the power sufficient to make right respected and to defend it, for on right is based its greatness.

The strength of moral sentiment which in this country is so strongly shown in support of the ideal of international peace and brotherhood is an important factor of its final adoption.

Guided by the light of justice radiating from the magnificent starry constellation borne on the flag of this great Republic, the

other nations of America march on firm set in the road of right to proclaim the reign of peace and love which is the eternal law of the universe, established by Him who has dominion, time without end. (Applause.)

THE CHAIRMAN: In the unexpected and unavoidable absence of PROF. L. S. RowE of the University of Pennsylvania, the Chairman of the American Delegation to the recent Pan-American Scientific Congress at Santiago and a member of the last PanAmerican Conference, an abstract of the address he had prepared for this occasion will be read by the Secretary.

THE SIGNIFICANCE OF THE PAN-AMERICAN SCIEN-
TIFIC CONGRESS AND OF THE APPROACH-
ING PAN-AMERICAN DIPLOMATIC

CONFERENCES

PAPER OF PROF. L. S. ROWE

It is becoming increasingly evident that the maintenance of the peace of the world does not depend so much on formal instruments, such as treaties of arbitration or of commerce, as upon that mutual understanding between nations that grows out of the consciousness of community of national interests.

With the traditional faith in mechanism, so characteristic of the American people, we are apt to regard the peace problem of the American continent solved with the signing of the series of arbitration treaties with the republics of this continent, negotiated by Secretary Root. Great as this work has been, it must be supplemented by a conscious and concerted effort to bring about a closer understanding between the peoples of the American continent, based on a better mutual acquaintance of the industrial, economic, social and political conditions prevailing in each country.

It is a significant fact that most of the difficulties that have arisen between the United States and the countries of Latin-America are directly traceable to misunderstandings due to the failure. of one or both of the parties to grasp the viewpoint of the other. It is this fact that gives such importance to the international assemblies in which the states of America have taken part. They are not to be judged solely or even primarily by the treaties, conventions and resolutions adopted at such conferences. The true measure of their value can only be determined when we interpret them as successive steps in the formation of a distinctively continental public opinion.

The recognition of the fact that the republics of the American continent, because of their geographical position, the conditions. under which they were settled, their peculiar political development

and special racial relations are confronted by a series of problems distinctively American, carries with it the obligation of close cooperation in the solution of these problems. Through an interchange of experience and through co-operative action in those cases in which these problems are of an international rather than of a national character the republics of this continent can be of the greatest service to one another

The first step in this process, however, is the development of an international consciousness of this community of interest. It is because of their contributions to this end that the Pan-American Diplomatic Conferences and the Pan-American Scientific Congresses possess such great importance.

The Pan-American Conferences owe their origin to the farseeing statesmanship of Secretary Blaine. The first of these was held in Washington in 1889; the second in Mexico City in 1901; the third in Rio Janeiro in 1906 and the fourth will be held in May, 1910. These conferences are of a diplomatic nature, most of the delegates enjoying plenipotentiary powers. The Washington Congress of 1889 was to a large extent experimental. Its greatest achievement was the establishment of the International Bureau of American Republics, which has already contributed so much toward the development of a better understanding between the republics of this continent and which, under its present able Director, the Honorable John Barrett is destined to enjoy far wider influence.

At the Mexican Congress of 1901 the questions considered were of a far more practical nature than at the Washington Conference. This tendency to make the work of the Pan-American Congresses more and more practical and to confine attention to those problems in which co-operative action will give immediate results, has greatly increased the importance of the work of these conferences.

For the Rio Conference of 1906 a definite program was arranged, and the efficiency of the work of the Conference was greatly enhanced by the determination not to permit the introduction of questions foreign to this program. This plan will undoubtedly be followed in the preparations for the Buenos Aires Conference of 1910.

The Pan-American Scientific Congresses have entered as a new factor in the situation. Until the recent Santiago meeting, these congresses were exclusively Latin-American, the first session being held in Buenos Aires in 1898, the second in Montevideo in 1901 and the third in Rio Janeiro in 1905. The decision to invite the United States is an indication of the growth of the PanAmerican spirit.

The Congress which met in Chile in December of last year and January of this year was marked by a spirit of friendly cooperation between all the republics of this continent which was a real inspiration to everyone present. The main problem at the

present time is to develop an organic relationship between the Scientific Congresses, on the one hand, and the diplomatic conferences on the other. This can best be done by assigning to the Scientific Congresses the preparation of the material which will form the basis of the deliberations of the Diplomatic Conferences. The Scientific Congresses enjoy the great advantage that the delegates are unhampered either by diplomatic procedure or by instructions of the respective governments. The free and frank. interchange of opinion is thus possible. At these Congresses the results of the most advanced thought on problems of interest to all the countries of the American continent are submitted, and the possibility of united action discussed. Formal treaties and conventions, determining the manner and method of such united. action can best be left to the Diplomatic Conferences.

Thus, these two great international assemblies will supplement one another and contribute to that community of thought and action, upon which the peace and progress of the American continent so largely depends. (Applause.)

THE CHAIRMAN: It will be our pleasure to listen now to a distinguished representative of that great service which from the foundation of our government has had such splendid tradition. I present REAR ADMIRAL STOCKTON of the United States Navy who was a member of the Naval Conference recently held in London.

THE LONDON NAVAL CONFERENCE OF 1908

ADDRESS OF REAR ADMIRAL C. H. STOCKTON, U. S. N.

International legislative bodies such as congresses, conferences, conventions and commissions are the principal means by which treaties are formulated, international law declared and interpreted, and by which working agreements, of less importance than. treaties, are arranged between states as to specific subjects of international interest. It may be said that such bodies to a large extent, if not entirely, codify and establish rules and laws by which arbitral tribunals are governed and in the future they will in all probability be the source from which the great International Courts of an Arbitral or Appellate nature will find in substance the principles and rules to follow and govern them in cases that have arisen either in times of peace or war.

These agreements when not rising to the dignity of treaties are generally known as Conventions and Declarations and when duly signed and ratified become as binding upon all of the signatory powers as the municipal law of their own states. Their effect morally upon the powers not signatory are often as binding as if they had been of the signatory or adhering powers. Such

has been the case of the Declaration of Paris never signed or adhered to by the United States of America, but faithfully followed in its tenets during our later wars.

In Article 7 of the Convention agreed to at the Second Hague Conference relative to the creation of an International Prize Court, October 18, 1907, are found the two following paragraphs:

"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 (the International Prize Court) is governed by the provisions of the said treaty."

"In the absence of such provisions of a treaty 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 latter provision has given rise to much discussion and uncertainty and prevented the ratification of this Convention by any power even though its plenipotentiaries had gone so far as to agree to the Convention and sign the formal and official document.

Especially was this the case with Great Britain the power most directly interested in the maritime matters that would concern a prize court of an international character, both on account of her position as a belligerent with the greatest navy in the world, and as a neutral with the greatest mercantile marine. Feeling that a court with only general and vague rules to govern it would be dangerous to her in either character, and at the same time desirous of something more reliable and impartial than a national Court, often partisan and still more often governed by principles and prejudices or traditions at variance with her jurisprudence and usages, Great Britain was impelled to call into being an international Conference of the great maritime powers to draw up a satisfactory declaration of what international law substantially is, in matters that would concern the proposed international prize court. Hence on March 27, 1908, the British Government issued a circular note to certain maritime powers inviting them to send delegates to a Conference to deal with the matters referred to as contained in the second paragraph of Article 7th just read. In this circular note it was stated that

"The discussions which took place at The Hague during the recent Conference showed that on various questions connected with maritime war divergent views and practices prevailed among the nations of the world. Upon some of these subjects an agreement was reached, but on others it was not found possible, within the period for which the Conference assembled, to arrive at an understanding. The impression was gained that the establishment of the International Prize Court would not meet with general acceptance so long as vagueness and uncertainty exist as to the principles which the Court in dealing with appeals brought before it would apply to questions of far reaching importance affecting naval policy and practice."

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