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part05+-第76部分
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agreed to between the contesting parties。
Its second provision is the establishment of a permanent central
office; where the records of the tribunal shall be preserved and
its official business transacted; with a permanent secretary;
archivist; and suitable staff; who shall reside on the spot。 This
office shall make arrangements for the assembling of the
tribunal; at the request of contesting parties。
Its third provision is that each of the signatory powers shall
transmit the names of two persons who shall be recognized in
their own country as jurists or publicists of high character and
fitness; and who shall be qualified to act as judges。 These
persons shall be members of the tribunal; and a list of their
names shall be recorded in the central office。 In case of death
or retirement of any one of these; the vacancy shall be filled up
by new appointment。
Its fourth provision is that any of the signatory powers desiring
to have recourse to the tribunal for the settlement of
differences shall make known such desire to the secretary of the
central office; who shall thereupon furnish the powers concerned
with a list of the members of the tribunal; from which such
powers may select such number of judges as they may think best。
The powers concerned may also; if they think fit; adjoin to these
judges any other person; although his name may not appear on the
list。 The persons so selected shall constitute the tribunal for
the purpose of such arbitration; and shall assemble at such date
as may be most convenient for the litigants。
The tribunal shall ordinarily hold its sessions at ; but it
shall have power to fix its place of session elsewhere; and to
change the same from time to time; as circumstances may suggest。
The fifth provision is that any power; even though not
represented in the present conference; may have recourse to the
tribunal on such terms as may be prescribed by the regulations。
Provision sixth: The government of is charged by the
signatory powers; on their behalf; as soon as possible after the
conclusion of this convention; to name a permanent council of
administration; at ; composed of five members and a
secretary。 This council shall organize and establish the central
office; which shall be under its control and direction。 It shall
make such rules and regulations as may be necessary for the
office; it shall dispose of all questions that may arise in
relation to the working of the tribunal; or which may be referred
to it by the central office; it shall make all subordinate
appointments; may suspend or dismiss all employees; and shall fix
their salaries and control their expenditure。 This council shall
select its president; who shall have a casting…vote。 The
remuneration of the members shall be fixed from time to time by
accord between the signatory powers。
Provision seventh: The signatory powers agree to share among them
the expenses pertaining to the administration of the central
office and the council of administration; but the expenses
incident to every arbitration; including the remuneration of the
arbiters; shall be equally borne by the contesting powers。
From a theoretical point of view; I prefer to this our American
plan of a tribunal permanently in session: the judges; in every
particular case; to be selected from this。 Thus would be provided
a court of any odd number between three and nine; as the
contesting powers may desire。 But from the practical point of
view; even though the Russian plan of requiring the signatory
powers to send to the tribunal a multitude of smaller matters;
such as those connected with the postal service; etc。; is carried
out; the great danger is that such a court; sitting constantly as
we propose; would; for some years; have very little to do; and
that soon we should have demagogues and feather…brained
〃reformers〃 ridiculing them as 〃useless;〃 〃eating their heads
off;〃 and 〃doing nothing〃; that then demagogic appeals might lead
one nation after another to withdraw from an arrangement
involving large expense apparently useless; and in view of this
latter difficulty I am much inclined to think that we may; under
our amended instructions; agree to support; in its essential
features as above given; the British proposal; and; with some
reservations; the code proposed by the Russians。
Among the things named by the Russians as subjects which the
agreeing powers must submit to arbitration; are those relating to
river navigation and international canals; and this; in view of
our present difficulties in Alaska and in the matter of the
Isthmus Canal; we can hardly agree to。 During the morning Sir
Julian came in and talked over our plan of arbitration as well as
his own and that submitted by Russia。 He said that he had seen M。
de Staal; and that it was agreed between them that the latter
should send Sir Julian; at the first moment possible; an
amalgamation of the Russian and British plans; and this Sir
Julian promised that he would bring to us; giving us a chance to
insert any features from our own plan which; in our judgment;
might be important。 He seemed much encouraged; as we all are。
Returning to our rooms; I found Count Munster。 As usual; he was
very interesting; and; after discussing sundry features of the
Russian plan; he told one or two rather good stories。 He said
that during his stay in St Petersburg as minister; early in the
reign of Alexander II; he had a very serious quarrel with Prince
Gortchakoff the minister of foreign affairs; who afterward became
the famous chancellor of the empire。
Count Munster had received one day from a professor at Gottingen
a letter stating that a young German savant; traveling for
scientific purposes in Russia; had been seized and treated as a
prisoner; without any proper cause whatever; that; while he was
engaged in his peaceful botanizing; a police officer; who was
taking a gang of criminals to Siberia; had come along; and one of
his prisoners having escaped; this officer; in order to avoid
censure; had seized the young savant; quietly clapped the number
of the missing man on his back; put him in with the gang of
prisoners; and carried him off along with the rest; so that he
was now held as a convict in Siberia。 The count put the letter in
his pocket; thinking that he might have an opportunity to use it;
and a day or two afterward his chance came。 Walking on the quay;
he met the Emperor (Alexander II); who greeted him heartily; and
said; 〃Let me walk with you。〃 After walking and talking some
time; the count told the story of the young German; whereupon the
Emperor asked for proofs of its truth。 At this Munster pulled the
letter out of his pocket; and; both having seated themselves on a
bench at the side of the walk; the Emperor read it。 On finishing
it; the Emperor said: 〃Such a thing as this can happen only in
Russia。〃 That very afternoon he sent a special police squad;
post…haste; all the way to Siberia; ordering them to find the
young German and bring him back to St。 Petersburg。
Next day Count Munster called at the Foreign Office on current
business; when Gortchakoff came at him in a great rage; asking
him by what right he communicated directly with the Emperor; and
insisting that he had no business to give a letter directly to
the Emperor; that it ought to have gone through the Foreign
Office。 Gortchakoff reproached the count bitterly for this
departure from elementary diplomatic etiquette。 At this Munster
replied: 〃I gave the letter to the Emperor because he asked me
for it; and I did not give it to you because I knew perfectly
well that you would pigeonhole it and the Emperor would never
hear of it。 I concede much in making any answer at all to your
talk; which seems to me of a sort not usual between gentlemen。〃
At this Gortchakoff was much milder; and finally almost
obsequious; becoming apparently one of Munster's devoted friends;
evidently thinking that; as Munster had gained the confidence of
the Emperor; he was a man to be cultivated。
The sequel to the story was also interesting。 The policemen;
after their long journey to Siberia; found the young German and
brought him to St。 Petersburg; where the Emperor received him
very cordially and gave him twenty thousand rubles as an
indemnity for the wrong done him。 The young savant told M
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