The Acting Secretary of State to Mr. David Hunter Miller, Editor of Treaties, Department of State

Dear Mr. Miller: I am asking you to act as Chairman of the Commission which is going to The Hague and in case of your inability at any time to act, ask Mr. Hackworth96 to act as Chairman.

Written instructions cannot be given this delegation. You, Mr. Hackworth, and I have talked the matter over and I shall have to ask that if at any time there are differences in the delegation where any delegate takes a serious position which is opposed to the position that you and Mr. Hackworth take, it be referred to Washington by telegraph; or, if you and Mr. Hackworth differ on any matter, that that be referred to Washington, and that, I think, will cover all differences. You will know that in some of the subjects at least the Department does not expect conventions.

The Technical Assistants are people of substantial value in connection [Page 209] with the various subjects, but you will use entire discretion about appointing them on committees. Speaking generally, I should think you would expect Mr. Flournoy to serve on any special committee on Naturalization; Mr. Hackworth on Responsibility of States, and yourself on Territorial Waters. You will understand, of course, that the delegates are in no sense to approve the Harvard drafts97 as a whole or to approve the League bases as a whole.

Sincerely yours,

J. P. Cotton
  1. Green H. Hackworth, Solicitor for the Department of State.
  2. See Research in International Law, Harvard Law School, Nationality, Responsibility of States, Territorial Waters, Drafts of Conventions Prepared in Anticipation of the First Conference on the Codification of International Law, The Hague, 1930 (Harvard Law School, Cambridge, 1929).