United States of America of its traditional attitude toward purely American questions." The establishment of the Permanent Court of Arbitration at The Hague which resulted from the first conference was a notable achievement, although the Court has accomplished less than its advocates hoped. This was the most important occasion on which American delegates had sat together with European diplomats in a general conference. Our delegation was the object of considerable interest and was not without influence in shaping the provisions of the final treaty. It was through the personal influence of Andrew D. White that the Emperor of Germany was persuaded to permit his delegation to take part in the proceedings establishing the Court of Arbitration.

The second Hague Conference revised the Convention for the Pacific Settlement of International Disputes, drew up a plan for an International Prize Court, and attempted a codification of the rules of international law on a number of subjects relating to the conduct of war and the rights of neutrals. The American delegates, headed by Mr. Choate, not only took a prominent part in these proceedings, but, acting under instructions from Secretary Root, they proposed to the Conference the creation of a permanent international court of justice. The creation of an international court of justice whose decisions would have the force of law, as distinguished from an international court of arbitration whose decisions are usually arrived at by a compromise of conflicting legal or political points of view, had long been advocated by advanced thinkers, but the proposition had always been held by practical statesmen to be purely academic. The serious advocacy of the proposition at this time by a great nation like the United States and the able arguments advanced by Mr. Choate marked an important step forward and made a profound impression. There were two difficulties in the way of establishing such a court at the second Hague Conference. In the first place, the delegation of the United States was the only one which had instructions on this subject, and in the second place it was found to be impossible to agree upon a method of selecting the judges. The great world powers, with the exception of the United States, demanded permanent representation on the court. The smaller nations, relying on the doctrine of the equality of states, demanded likewise to be represented. If each nation could have been given the right to appoint a judge, the court could have been organized, but there would have been forty-four judges instead of fifteen, the number suggested in the American plan. The Draft Convention for the Establishment of the Court of Arbitral Justice, as it was agreed the new court should be designated, was submitted to the Conference and its adoption recommended to the signatory powers. This Draft contained thirty-five articles and covered everything except the method of appointing judges. This question was to be settled by diplomatic negotiation, and it was agreed that the court should be established as soon as a satisfactory agreement with regard to the choice of judges could be reached. After the adjournment of the Conference the United States continued its advocacy of the international court of justice through the ordinary diplomatic channels. The proposal was made that the method of selecting judges for the Prize Court be adopted for the court of justice, that is, that each power should appoint a judge, that the judges of the larger powers should always sit on the court while the judges of the other powers should sit by a system of rotation for limited periods. It was found, however, that many of the smaller states were unwilling to accept this suggestion, and as difficulties which we will mention presently prevented the establishment of the Prize Court, the whole question of the court of justice was postponed.