Paris Peace Conf. 182/12
Mr. David Hunter Miller, Major James Brown Scott, and Mr. L. H. Woolsey to the Secretary of State
Sir: On February 11th last the undersigned were orally directed by you to undertake certain work in the field of international law relating to such questions as might be considered by the Peace Conference at the close of the present war, including, pursuant to your subsequent direction, consideration of questions of international policy in connection therewith, with special reference to the historic attitude of the United States.
Pursuant to such instructions the undersigned have the honor to report as to the scope and progress of such work as follows:
I.—A Library, Including as Far as Can Be Foreseen, Every Authority Which May Be Called For at the Conference
There are two phases of this portion of the work. The first phase is the preparation of an inclusive list of such works, which comprise, [Page 100] chiefly speaking, collections of treaties, international agreements of a less formal character, diplomatic documents, state papers, statutes, judicial decisions, the works of prominent publicists, and of certain historians.
This collection necessarily includes Continental, Latin-American and Japanese writings as well as those of Great Britain and the United States, and also the leading periodicals during say the last twenty years, as these contain many studies of importance which are more detailed in their nature than those of the general works of authors of authority or repute.
The second phase of this portion of the work comprises the actual assembling of the library, partly, but to a limited extent, by purchase. This limitation is necessary not only for financial reasons, but also because of the fact that a large portion of the necessary collection is not available except in existing libraries. Arrangements are to be made with the chief libraries of the country for the loan of such books and documents as are not purchase[d], in order that they can be assembled in advance upon very short notice.
II.—Documents and Authorities Under a Topical Arrangement
For this purpose the field of international law has been divided into somewhat more than forty headings and under these headings are being assembled the important treaties, agreements, diplomatic documents, state papers, statutes, decisions, opinions, etc., having a bearing upon the particular topic in question. Each collection is to be arranged and edited with such brief comment as may be deemed necessary and will contain a bibliography. Such of the matter as may be in foreign languages is to be translated and the collection under each topic separately printed in convenient form by the Government Printing Office.
An essential part of this work in each case includes extracts from the periodicals mentioned above.
Generally speaking, research in this division is limited to the century commencing with the Congress of Vienna and ending with the outbreak of the war.
The headings above mentioned comprise the following:
- Aborigines
- Aliens
- Arbitration
- Blockade
- Capture
- Claims
- Contraband
- Debts and Obligations
- Diplomatic Agents
- Fisheries
- High Seas
- Industrial Property
- International Co-operation
- International Law
(Municipal Effect, Assent of States, etc.) - International Organization
- Intervention
- Jurisdictional Immunities
- Mails
- Marginal Seas
- Maritime Warfare
- Military Occupation
- Monroe Doctrine
- National Character
- Nationality
- National Jurisdiction
- Neutrality
- Neutralization
- Official Correspondence
- Panama Canal
- Prizes
- Prize Courts
- Prisoners of War
- Settlement of Disputes
- Submarine Cables
- States
- Trade
- Treaties
- Unfriendly Acts
- Vessels
- Visit and Search
- War
III.—Collection of Treaties, Conventions and Agreements Made by Belligerents After August 1, 1914
The importance of these documents cannot be overrated, inasmuch as they state officially and in solemn form the views of the contracting parties at the time they were negotiated and rendered effective.
The official texts of the Allied Governments can be procured; the official texts of Germany and its allies will be more difficult to obtain, and doubtless in some cases they can not be had, because of their confidential nature. They will need to be supplied with historical notes and commentary.
IV.—Diplomatic Correspondence and Authoritative Utterances During the War Period
This collection chronologically arranged by countries is to be in addition to the collection in the library to be assembled of authorities containing such papers.
An essential feature of the compilations will be exhaustive indices.
While it is hoped to have these compilations printed, a somewhat obvious limitation in this regard is that they cannot be complete until the close of the war itself; consequently an arbitrary date will be fixed, and papers of the subsequent period will be found only in the subsequent authorities collected.
V.—A Memorandum of Principles and Rules of the Law and Practice of Nations in Relation to the Program Laid Down in the Official Utterances of the President
This work is in course of preparation by the undersigned and the endeavor will be to point out
- a.
- The principles and rules of international law upon which the various provisions of the Program in detail rest.
- b.
- The necessary changes and advances in international law which are indicated by the various provisions of the Program.
This memorandum is to contain quotations of and references to every statement of the President having a bearing upon the questions which may arise at the Peace Conference, and also in connection therewith notes and citations of the relevant precedents and authorities legal and historical.
VI.—Special Monographs
While in general, monographic treatment is not deemed by the undersigned appropriate for all topics, there are certain topics, particularly those of a highly technical nature, in respect of which monographs supplementing the collection of authorities are deemed necessary. In some cases it is possible for this work to proceed in connection with the assemblage of other material, described under II. In others it needs to be postponed until the more essential work is completed.
This method of treatment is also deemed appropriate in regard to certain legal questions arising from the war but requiring detailed settlement thereafter, whatever may be the provisions of the Peace Treaty. Such, for instance, are questions involved in the repatriation of prisoners-of-war and the adjustment of property rights sequestrated during the war.
Progress
Within the scope of the undertaking as thus outlined, very considerable progress has been made, and the undersigned will from time to time present further special reports upon the progress of the work accompanied by such compilations, collections of material and monographs as are in completed form and available for such use as the Secretary of State may be pleased to direct.
We are [etc.]
Special Assistant in the Department of State
Major, United States Reserves,
Attached to the Department of State
Solicitor for the Department of State