1. To institute Conferences of Nations, to meet at stated intervals, in continuation of the first two conferences of The Hague; and

To facilitate the labors of such conferences; to invite accredited institutions devoted to the study of international law, to prepare projects for the consideration of governments, in advance of submission to the conferences; in order

To restate and amend, reconcile and clarify, extend and advance, the rules of international law, which are indispensable to the permanent establishment and the successful administration of justice between and among nations.

II. To convoke, as soon as practicable, a conference for the advancement of international law; to provide for its organization outside of the domination of any one nation or any limited group of nations; to which conference every nation recognizing, accepting, and applying international law in its relations with other nations shall be invited and in which all shall participate upon a footing of equality.

III. To establish an Administrative Council, to be composed of the diplomatic representatives accredited to the government of the State in which the conference for the advancement of international law convenes: which representatives shall, in addition to their ordinary functions as diplomatic agents, represent the common interests of the nations during the interval between successive conterences; and to provide that

The president of the Administrative Council shall, acording to diplomatic usage, be the Minister of Foreign Affairs of the country in which the conference convenes ; An advisory committee shall be appointed by the Administrative Council from among its members, which shall meet at short, regular, and stated periods;

The chairman of the advisory committee shall be elected by its members;

The advisory committee shall report the result of its abors to the Administrative Council;

The members of the Administrative Council, having considered the report of the advisory committee, shall transmit their findings or recommendations to their respective governments. together with their collective or individual opinions, and that they shall act thereafter upon such findings and recommendations only in accordance with instructions from the governments which they represent.

IV. To authorize the Administrative Council to appoint. outside its own members, an executive committee or secretary's office to perform such duties as the conference for the advancement of international law, or the nations shall from time to time prescribe: and to provide that

The executive committee or secretary's office shall be under the supervision of the Administrative Council;

The executive committee or secretary's office shall report to the Administrative Council at stated periods.

V. To empower the Administrative Council to appoint other committees for the performance of such duties as the nations in their wisdom or discretion shall find it desirable to impose.

VI. To furnish technical advisers to assist the Administrative Council, the advisory committee, or other committees appointed by the council. in the performance of their respective duties, whenever the appointment of such technical advisers may be necessary or desirable. with the understanding that the request for the appointment of such experts may be made by the conference for the advancement of international law or by the Administrative Council.

VII. To employ good offices, mediation, and friendly composition wherever feasible and practicable. in their own disputes, and to urge their employment wherever feasible and practicable, in disputes between other nations.

VIII. To organize a Commission of Inquiry of limited membership, which may be enlarged by the nations in dispute, to which commission they may refer, for investigation and report, their differences of an international character, unless they are otherwise bound to submit them to arbitration or to other form of peaceful settlement; and To pledge their good faith to abstain from any act of force against one another pending the investigation of the commission and the receipt of its report; and

To reserve the right to act on the report as their respective interests may seem to them to demand; and

To provide that the Commission of Inquiry shall submit its report to the nations in controversy for their action, and to the Administrative Council for its information.

IX. To create a Council of Conciliation of limited membership, with power on behalf of the nations in dispute to add to its members, to consider and to report upon such questions of a non-justiciable character, the settlement whereof is not otherwise prescribed, which shall from time to time be submitted to the Council of Conciliation, either by the powers in dispute or by the Administrative Council: and to provide that

The Council of Conciliation shall transmit its proposals to the nations in dispute, for such action as they may deem advisable, and to the Council of Administration for its information.

X. To arbitrate differences of an international character not otherwise provided for, and in the absence of an agree ment to the contrary, to submit them to the Permanent Court of Arbitration at The Hague, in order that they may be adjusted upon a basis of respect for law, with the understanding that disputes of a justiciable nature may likewise be referred to the Permanent Court of Arbitration when the parties in controversy prefer to have their differences settled by judges of their own choice, appointed for the occasion.

XI. To set up an international court of justice with obligatory jurisdiction, to which, upon the failure of diplomacy to adjust their disputes of a justiciable nature, all States shall have direct access-a court whose decisions shall bind the litigating States, and, eventually, all parties to its creation, and to which the States in controversy may submit. by special agreement, disputes beyond the scope of obligatory jurisdiction.

XII. To enlarge from time to time the obligatory jurisdiction of the Permanent Court of International Justice by framing rules of law in the conferences for the advancement of international law, to be applied by the court for the decision of questions which fall either beyond its present obligatory jurisdiction or which nations have not hitherto submitted to judicial decision.

XIII. To apply inwardly international law as a rule of law for the decision of all questions involving its principles, and outwardly to apply international law to all questions arising between and among all nations, so far as they involve the Law of Nations.

XIV. To furnish their citizens or subjects adequate instruction in their international obligations and duties, as well as in their rights and prerogatives:

To take all necessary steps to render such instruction effective: and thus

To create that "international mind" and enlightened public opinion which shall persuade in the future. where force has failed to compel in the past, the observance of those standards of honor, morality, and justice which obtain between and among individuals, bringing in their train law and order, through which, and through which alone. pegze between nations may become practicable, attainable. and desirable.

THE REALITY OF CHRISTMAS

F COURSE, we cannot close our eyes to the reality of Christmas now upon us again. The mystic spell of Christmas now upon us again. The mystic spell of it hovers over all that men think and do. It brightens work and play. This thing of the heart reaches out in infinite expressions, in looks, in acts, and in will to other deeds. It is a kindly thing, and generous. There are the three wise men-Love, Work, Worship-coming out of the dim East of each life to the Bethlehem of its best, offering there their gifts, now as of old. The feast and the Yule Log, the games and the bells and the carols, the green of immortal hopes and the red of essential sacrifice, the music and the star. And in the And in the center, a child!

C

OTHER REALITIES AT OUR

CHRISTMASTIDE

No. 12

HRISTMAS, 1922, finds the United States confronted with realities of unusual importance, not devoid

of hope.

CENTRAL AMERICAN CONFERENCE

The Central American Conference, speeches referring to which appear in these columns, is proceeding hopefully in Washington. This is a reality in the Christmas cheer of international fact.

LAUSANNE

We are at Lausanne, represented by an admiral, our Minister to Switzerland, and our Ambassador to Italy,

pleading for the principle of equality of economic op

portunity. By raising our voice against special privilege in economic adjustments between nations, we are rendering a service by clarifying a real international issue, an issue that is a factor vitally related to the problem of peace and war. As a corollary to our principle of the open door, we are pleading for unrestricted access for all nations to every free body of water in the world, including the Black Sea. This means freedom of the Dardanelles, of the Sea of Marmora, and of the Bosporus. This means demilitarization of all forts, indeed, of all that is now known as the "Zone of the Straits." This is a reality in American foreign policy worthy of our best tradition.

MEXICO

We are confronted with a reality in Mexico. This situation relates primarily to a question of interpretation of Article 27 of the Mexican Constitution. According to this article, subsoil rights, oil and mineral, belong to the State of Mexico. But, before the passage of the Constitution, certain American interests had acquired territory in Mexico, supposing that their titles carried with them subsoil rights. Thus the question arose, Is Article 27 of the Mexican Constitution retroactive? As a matter of fact, the Supreme Court of Mexico has decided five different times that the article is not retroactive. Just now a bill has been introduced in the Mexican Congress calculated to clarify the situation still more. While the Mexican purpose is to nationalize petroleum and its by-products and to deny to foreign governments all concessions to exploit the subsoil wealth of Mexico, it is proposed to revise Article 27

to the end that it may itself declare that it is not retroactive. This, if adopted, would confirm beyond question the titles acquired prior to the adoption of the Constitution in 1917.

Since these are the facts, and since President Obregon has the support of the Mexican Congress, it is hoped

that the time is at hand when the United States will find it possible to recognize the existing Mexican Gov

ernment.

There are pressing reasons why this recognition should be extended as early as possible. Business is naturally interrupted by the existing situation. The extension of public works in Mexico is impeded. We mention this, not primarily because of our interest in business, but because the very lives of the people in the

City of Mexico are in jeopardy. The city has a wholly inadequate water supply. This is so serious that there. have been riots with casualties. While the Mexican Government has made a number of efforts during the last generation to bring to the City of Mexico an adequate supply of water, it has not been successful. The government now wishes to arrange for the construction of the needed works. The financial conditions in Mexico make it necessary for them to borrow money. Naturally they will look to United States engineers and contractors as soon as diplomatic relations are renewed. They cannot go ahead without skilled American engineers. While the troubles in Mexico have delayed, and indeed for years have prevented, the engineering construction on any adequate scale, they are in position now to go ahead as soon as ordinary friendly recognition has been given by our government to Mexico. Because of these conditions the present government is not only receptive, but anxious to receive the recognition of Washington. Advices from that country assure us that Obregon is doing his best, and that the government will do any thing within reason to bring about recognition. Other governments, including England, have recognized the present Mexican Government. It is natural to hope that our recognition may be extended soon.

EXTENSION OF WASHINGTON CONFERENCE

Another reality has appeared to encourage us at this Christmastide. In the new navy bill submitted by the House Appropriations Committee, it is suggested that the Washington treaties be extended to limit cruisers, aircraft, and submarines. Indeed, President Harding is requested to negotiate with Great Britain, France, Japan, and Italy to that end. The larger powers, including the United States, are submitting programs for a large extension of cruiser, submarine, and aircraft construction. It is proposed that the United States must now have sixteen new light cruisers to cost $168,

000,000. In the language of the committee report: "In other words, competition is on again in the single direction to which the unratified agreement (the Washington naval treaty) does not extend, and if it be allowed to go on unchecked the purse strings again must be relaxed and this government, like all others, will be constrained to launch a new program to the extent necessary to keep up at least abreast of any of the other powers." Of course, it will be difficult to extend the Washington naval treaty to this area of expenditures. Indeed, it was tried to do just that thing in the Washington Conference without success. France wants submarines; and England, therefore, wants anti-submarine craft, such as light cruisers and destroyers, and these without restriction. But the fact is that the President of the United States is requested to enter into negotiations, with a view of reaching an agreement relative to limiting the construction of all such types and sizes of fighting ships and aircraft. We suspect, further, that Mr. Harding and Mr. Hughes may themselves be parties to this request. We have no doubt of the Administration's desire to widen the beneficent influence of the Washington Conference. If the great powers can find a ratio for limiting large vessels of war, it is not unreasonable to believe that they can find a ratio for limiting smaller vessels. No new principle is involved.

APPROACHING ACTION IN BEHALF OF EUROPE

There are certain realities, some known, some suspected, in our Government's attitude toward Europe. At this writing the negotiations are "informal," but American desire to see order in the place of European economic and political chaos is becoming more vocal. America is taking "every consistent interest" in the present state of European affairs with the intention of rendering assistance. Mr. J. P. Morgan, who has just returned from an extensive tour in Europe, has visited Secretary Hughes. Mr. Wieldfeldt, the German Ambassador, has visited the State Department. Mr. Elihu Root has conferred with the President. Our Ambassador to Germany, Mr. Alanson Houghton, has been in conference with Ambassador Harvey in London. Mr. Harvey has been called home for conference. The

President's cabinet has devoted entire sessions to the European situation. It is reported that Mr. Woodrow Wilson will be asked to use his influence with democratic Congressmen in behalf of a non-partisan program for the amelioration of European ills. Dr. Nicholas Murray Butler, friend of President Harding, favors an economic conference for the discussion of purely economic questions, and publicly urges action that we may "win the mind of the new nations in Central and Eastern Europe." President Harding

openly assures us that the American Government "is giving of its influence and of its power for the protection of human rights and of human interests everywhere in the world." Interpreted in terms of the concrete, the United States is evidently doing everything in its power to assist in the solution of the problem of reparations. The food shortage threatening the people of Germany with famine demands action. That nation with 65,000,000 inhabitants has enough food for only 45,000,000. Charity cannot suffice. Remedial action is imperative. Evidently the United States is bent upon achieving remedial action.

FOREIGN POLICIES IN THE WESTERN HEMISPHERE

N

OT INCLUDING Canada, there are twenty-one republics in the Western Hemisphere. Naturally, almost every conceivable international problem arises sooner or later between some members of this group.

Uruguay recently proposed that there should be an American League of Nations. The proposal was referred to a special committee consisting of Secretary Hughes, Ambassador Mathieu of Chile, Ambassador Alencar of Brazil, Minister Elizalde of Equador, and Minister Chamorro of Nicaragua. This committee has issued a report calling for the consideration, at the Fifth Pan American Congress at Santiago, Chile, next March, "of measures tending toward a closer association of the republics of the American continent with a view to promoting common interests."

This Chilian Congress is evidently to be a clearinghouse of foreign policies of the Western Hemisphere. There is no doubt of its importance. The United States, Mexico, Cuba, the, five Central American republics, the thirteen other Latin American republics, are all planning to be represented. Even Canada may be there.

Uruguay has proposed for discussion at the Congress the principle of obligatory arbitration between States of this hemisphere. The committee in charge has amended the proposal to provide for the "Consideration of the best means to give wider application to the principle of the judicial or arbitral settlement of disputes between the republics of the American Continent."

Other policies to be discussed, printed elsewhere in these columns, are equally interesting. The Congress will give consideration to "questions arising out of an encroachment by a non-American power on the rights of an American nation." There will be discussion of the best means "to promote the arbitration of commercial disputes between nationals of different countries"; "of the rights of aliens resident within the jurisdiction

of any of the American republics," and "of the status of children of foreigners; of the improvement of ocean, land, and air communication; of co-operation with respect to supervision of merchandise entering into international commerce; of uniformity in parcel-post procedure; of the simplification of passports; of co-operation in the study of agricultural problems; of standardization of university curricula; of the mutual recognition of the validity of professional degrees among American republics; of the progressive diminution in the consumption of alcoholic beverages."

But "the reduction and limitation of military and naval expenditures on some just and practicable basis" may become the outstanding subject for discussion, for the Governing Board of the Pan American Union, which is responsible for the program of the congress, has decided that this subject shall also be discussed.

Evidently, the reduction of expenditures for war is an American aspiration. It was attempted at the Washington Conference with success. The reduction of such expenditures is on the program of the Central American Conference now being held in Washington. It is upon the unanimous decision of the Governing Board of the Pan American Union that the matter is to be brought up at Santiago. Whether or not it will be found possible to reduce and limit the land forces "upon some just and practicable basis" remains to be seen. But in the meantime it is reported that Brazil has proposed a disarmament conference of Brazil, Argentine, and Chile as a preliminary to the Congress at Santiago. This may not be held, but the thing is in the air.

Thus the program arrests attention. The Governing Board of the Pan American Union, composed of the ambassadors and ministers in Washington representing the nations of the Western Hemisphere-Secretary Hughes, ex-officio chairman of the board-has been working upon it for nearly a year.

This visible evidence of an enlightened self-interest working its way with no hint of compulsion, free of attempt to set up any artificial league, is an illustration of how nations work together when at their best. The meaning of it is of importance not only to America, but to other groups of contiguous nations. This Pan American co-operative effort demonstrates that it is possible for nations to adjust together their social, economic, and other non-political problems. It proves that where such problems are met and solved, no political questions arise to threaten war. America has what Alfred H. Fried pleaded for, a Zweckverband a co-operative union-working and evolving, quietly but effectively. There are here no questions of independence involved, of political federation, of representation, of large and small States, of a superstate, of an international police.