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 THE NORTH SEA INQUIRY

THE NORTH SEA INQUIRY BY B. H. ON January 19, 1905,3 unique assembly met in the official dining-room of the French Foreign Office, on the Quai d'Orsay, Paris, France. It was the first hearing of the first Commission of Inquiry held since the adoption of the Hague Convention, the treaty by which such commissions were es tablished. The occasion of the assemblage was the alleged attack by the Russian fleet upon a fleet of British fishing-vessels, or "' Trawlers," known as the "Gamecock fleet," off the North East Coast of Eng land, during the night of October 21, 1904. The Commission was composed of five naval officers, namely: Vice-Admiral Doubassoff, Russia; Vice-Admiral Beaumont, Great Britain; Rear-Admiral Davis, United States of America; Admiral von Spaun, AustriaHungary; Admiral Fournier, of the French Navy, who presided. At the time of the alleged attack a great deal of comment was aroused and many papers declared openly that the act was a premeditated attempt on the part of Russia to force a war with Great Britain and thus mitigate the damage to her prestige which she would necessarily suffer if defeated at the hands of the Japanese alone. It may be said at the outset that this hypothesis is fairly disproved by the subsequent events; for the Russian Government made a prompt apology, through official channels, and ex pressed its willingness to pay an indemnity for the damage sustained. JURISDICTION OF THE COMMISSION The portions of the Hague Convention which are material to the present discussion are as follows: NOTE: — The writer desires to acknowledge the receipt of information and assistance from Sir Thomas Barclay: H. C. Coxe Esq., Deputy United States Consul, Paris; Messrs. Morton Fullerton and A. O'Neill of the London Times; and Mr. Arther Rook.

CONNER "TITLE III.

ON INTERNATIONAL COMMIS SIONS OF INQUIRY ARTICLE IX "In differences of an international nature, involving neither honor nor vital interests, and arising from a difference of opinion on points of fact, the Signatory Powers recom mend that the parties who have not been able to come to an agreement by means of diplomacy should, as far as circumstances allow, institute an International Commission of Inquiry to facilitate the solution of these differences by elucidating the facts by means of an impartial and conscientious investiga tion. ARTICLE X

"The International Commissions of In quiry are constituted by special agreement between the parties in conflict. "The Convention for an inquiry defines the facts to be examined and the extent of the Commissioners' powers. "It settles the procedure. "On the inquiry both sides must be heard. "The form and the periods to be ob served, if not stated in the Inquiry Con vention, are decided by the Commission itself. ARTICLE XI

"The International Commissions are formed, unless otherwise stipulated, in the manner fixed by Article XXXII of the present Convention. ARTICLE XII

"The Powers in dispute engage to supply the International Commissions of Inquiry, as fully as they may think possible, with all the means and facilities necessary to enable it to be completely acquainted with and to accurately understand the facts in dispute." The Convention between Great Britain and Russia establishing the Commission of