Ambassador Leishman
to the Secretary of State.
American Embassy,
Rome, April 19,
1910.
No. 212.]
Sir: Referring to the department’s unnumbered
instruction of November 3, 1909, and to the embassy’s dispatch No. 136
of January 17, 1910, in regard to the alternative procedure for the
international prize court and the investment of this tribunal with the
functions of a court of arbitral justice, I have the honor to inclose
herewith a copy of a note from the royal ministry of foreign affairs,
together with a translation thereof.
I have, etc.,
[Page 619]
[Inclosure—Translation.]
The Minister for Foreign
Affairs to Ambassador Leishman.
Ministry for Foreign Affairs,
Rome, April 14, 1910.
Mr. Ambassador: On January 15 last my
predecessor had the honor to declare to your excellency that the
King’s Government had received favorably, in the main, the two
proposals formulated by the American Government in its circular of
October 18, 1909 (attached to the embassy’s note of November 24), in
regard to the international prize court and the court of arbitral
justice, reserving to itself, however, the right to state in a later
reply their own understanding in regard to them.
In confirming these declarations, I have the honor, however, to
complete them with the following information:
- 1.
- In regard to the first proposal, which concerns the manner
of placing before the international prize court the
questions which, according to the terms of the convention of
1907, should be carried up to it in the form of recourse
from the sentences of the national judicial authorities, the
King’s Government has no substantial objections against the
desire expressed by the American Government. The
considerations proposed in the above-mentioned circular
amply justify, in our opinion, the proposals formulated by
it, without substantially impairing the efficacy of the
agreement and the authority of the new jurisdiction which is
to be instituted; they will serve to agree better with the
laws in force in the single States, and, eliminating the
difficulties which might prevent, on this proposal, the
participation of some of them in the new institution, they
will insure—as is the desire and wish of all—the full
practical operation of the work of the second conference of
The Hague in what constitutes the, perhaps, most notable
result of its labors. The Government of the King was anxious
to examine accurately to see if it would not be well to
introduce some slight modification in the formulas suggested
in the circular of October 18, 1909, for the full
safeguarding of the rights and of the terms established in
the convention of 1907, as, as a matter of fact, is declared
in the final clause of the formulas referred to. It
occurring to me, however, that new clauses and new
suggestions might perhaps be added in accordance between the
American Government and that of other countries, to the
Governments of the States which subscribed to the
conventions of The Hague, in regard to the manner most
opportune of the proposal in question, I reserve the right
to express in due time, also in regard to this proposition,
the point of view of the King’s Government.
- 2.
- In regard to the second proposal, which concerns the
competency of the international prize court to act as a
court of arbitral justice in whatever controversy which the
contracting States should bring before it, according to the
project of the convention which the second peace conference
compiled and recommended for the institution of the latter,
the King’s Government would not have, in as far as it is
concerned, motive to reject the proposals of the American
Government. Mindful, however, of the difficulties with which
the institution in question met on the part of not a few of
the States which participated in the conference—difficulties
which might to-day prevent the constitution of the same
prize court or perhaps hinder the adhesion of the said
States to the same if the ratification of the convention in
question were subordinated or in any manner joined to the
new agreements and to the declaration suggested in the
circular of October 18—I should consider it more opportune
that all further concrete negotiations on this subject
should be postponed until the ratification of the convention
relative to the prize court shall have taken place within
the time agreed upon, which is now about to expire.
This, however, does not prevent an exchange of ideas from being
useful in the meantime also in this respect between the States which
received with the greatest interest the plan for the institution of
both the courts.
