20
His Exe. Mr. Marcellin Pellet proposed that instead of discussing the proposed resolution which had just been deposited and with which the members of the Conference were familiar, this proposition be put immediately to vote. The members who had objections might advance them while voting.
The proposed resolution was put to vote and unanimously adopted.
His Exe. Mr. Ferreira justitied his affirmative vote in the following words: Mr. President! I am in accord with the proposition presented by His Excellency the First Delegate of Germany on behalf of the Delegations of Germany, the United States of America. France, Great Britain, the Netherlands and Russia, because it is conceived in the same spirit that prompted the observations made at the third meeting of the First Opium Conference on December 7. 1911, which were made because so few nations were represented at a Conference whose aim was generally humanitarian.
These observations have borne fruit, for a new Article 22 was inserted in the Convention by which an invitation was addressed to the nations which were not represented at the First Conference, with the object of inducing them to lend their support and I note with pleasure that this resolution is only an amplification, so to speak. of the article to which I have just referred.
Now the statements to which I have just alluded were made in the First Conference by the Delegations of Persia, France and the one of which I had the honor to form part. This is why I not only support the proposition which has been submitted to you, but do so with the greatest enthusiasm and pleasure.
The President considered that unanimous adoption of the resolution would contribute considerably to the efficacy of the proposals which the Government of the Netherlands, under this resolution, would make to the Powers who have not. yet signed the Convention. He believed that he voiced the sentiment of the entire Conference in expressing his sincere thanks to the Delegates who, in formulating this resolution, had notably facilitated the humanitarian work of the Conference.
The PRESIDENT believed that, upon the adoption of this resolution, the principal task of the Conference appeared to have been accomplished: the Government of the Netherlands now knew in what manner it should proceed. Nevertheless, the question arises: what should be done if, as a result of the measures which the Government of the Netherlands should take, only a part of the Powers who had not yet signed the Convention should decide to do so. Would it be necessary again to convoke a Conference of the Signatory Powers, in accordance with the provisions of Article 23, in order to examine the possibility of depositing ratifi- cations? Article 23 of the Convention deals only with the action that the Govern- ment of the Netherlands has taken in accordance with the second paragraph of Article 22 of said Convention. Is it the wish of the Conference that Article 23 should be considered applicable to the steps that the Government of the Nether- lands proposes to take? Shall the same apply to the last paragraphs of Articles 22 and 23, prescribing that the Government of the Netherlands shall each month inform the Signatory Powers of each additional signature and of each ratification that it may receive, or shall, this Government, while informing the Signatory Powers of the new adherents, request ratification through diplomatic channels? These are the questions that present themselves and which should be determined in order that the Government of the Queen may determine its procedure in case there should remain some nations who refuse to sign the Convention in spite of its efforts in this direction. The speaker proposed that the Editing Committee undertake to examine these questions with the assistance, should the Committee deem it advisable, of those Delegates who might be willing to cooperate, and formulate a resolution which should be discussed and, upon its adoption by the Conference, embodied in the "Protocol de Clôture”.
21
His Exe. Mr. Swétchine believed it inadvisable at present to determine upon a plan of procedure in a situation which did not yet exist.
In case the procedure of the Government of the Netherlands did not meet with complete success and should it prove impossible to induce certain of the Powers to adhere, the time would then be opportune to decide the question. At this moment the Netherlands Government should ask the Signatory Powers whether they wished to ratify notwithstanding the abstentions, or whether they considered it necessary to call another Conference. Such a decision seemed to him to be premature at this moment.
The President: It is for this reason that I would like to open the discussion of this question. The Editing Comittee will profit by the discussion and formulate a well prepared proposition in accord with the Delegates who will kindly assist them. His Exc. Mr. Yen said: Mr. President. I have the honor to call your attention to our interpretation of the 2nd paragraph of Art. 23 of the Opium Convention; the last part of this paragraph defines the duties of Delegates to this Conference. They are to come to The Hague to examine into the possibility of nevertheless depositing their ratifications.
We beg to submit that if we scatter now or next week without providing a way whereby we may reassemble and make a final decision. we should be acting against the letter and spirit of the foregoing paragraph. The paragraph in question predicates or assumes a possibility of the deposit of ratifications, but the possibility is one requiring examination. Hence the Conference. But possible or impossible, the question, it seems to us, must be fully examined and decided at this, the second, Conference. The Convention does not provide for a 3rd or 4th or 5th Conference,
Individually the nations here represented have declared their ability or ina- bility to ratify, and it is most gratifying that a very large majority voted in the affirmative when the question was put. But collectively and as a Conference, with all due deference we beg to submit, that we have not yet completely discharged our duty outlined in Art. 23. The excellent resolution proposed by the German, the American, the British, the Dutch, the French and the Russian Delegations is a long step taken to increase the possibility of ratification, for which we all are exceedingly grateful, but after the replies are received from the countries, the possibility of ratification must again be examined according to Art. 23. To put it bluntly, it is to be decided at this Conference whether the solemn compact, originally signed by 12 Powers, and subsequently signed by 22 more, whose number is now to be still further increased, is to be enforced as the will of the civilised Powers, or is to be shelved or thrown into the waste basket.
We venture to submit that the second alternative is unthinkable. We must, therefore, devise measures to make the possibility of ratification a fact.
Personally we are as anxious as any other Delegation to resume our normal duties, and we beg to suggest that the Conference do take a recess. In the meantime the resolutions will have been forwarded to the Governments concerned and very likely definite replies will soon be received.
Now I believe that near the end of next month, the formal dedication of the Peace Palace will take place. The majority of us present will no doubt be invited to come, and it seems to us that the recess may very well end at that date. We feel assured that at that time the Conference will as a body be in a position to say conscientiously that we have fully examined the question and found it possible to ratify. We can think of no happier combination of events than the opening of the Peace Palace and the unanimous ratification of the Inter- national Opium Convention.
His Exc. Mr. Jorje Huneeus did not believe it wise to fix a date at present. It did not seem possible for the Netherlands Government to conclude
285