Chapter V

Historical note on the

attitude of the United States

ain shared this view most cordially, and the honor of taking the lead in the practical effort of securing its adoption belongs to the eminent First Dele

In February, 1851, Mr. Foote, from the Committee on Foreign Relations, reported to the Senate of the United States a resolution that "in the judgment of this body it would be proper and desirable on the subject for the Government of these United States whenever practicable to of arbitration. secure in its treaties with other nations a provision for referring to the decision of umpires all future misunderstandings that cannot be satisfactorily adjusted by amicable negotiation in the first instance, before a resort to hostilities shall be had."

Two years later Senator Underwood, from the same Committee, reported a resolution of advice to the President suggesting a stipulation in all treaties hereafter entered into with other nations referring the adjustment of any misunderstanding or controversy to the decision of disinterested and impartial arbitrators to be mutually chosen.

May 31, 1872, Mr. Summer introduced into the Senate a resolution in which, after reviewing the historical development of municipal law and the gradual suppression of private war, and citing the progressive action of the Congress of Paris with regard to neutrals, he proposed the establishment of a tribunal to be clothed with such authority as to make it a complete substitute for war," declaring a refusal to abide by its judgment hostile to civilization, to the end that "war may cease to be regarded as a proper form of trial between nations." In 1874 a resolution favoring general arbitration was passed by the House of Representatives.

April 1, 1883, a confidential inquiry was addressed to Mr. Frelinghuysen, Secretary of State, by Colonel Frey, then Swiss Minister to the United States, regarding the possibility of concluding a general treaty of arbitration between the two countries. Mr. Frelinghuysen, citing the general policy of this country in past years, expressed his disposition to consider the proposition with favor. September 5, 1883, Colonel Frey submitted a draft of a treaty, the reception of which was acknowledged by Mr. Frelinghuysen on the 26th of the same month. This draft, adopted by the Swiss Federal Council, July 24, 1883, presented a short plan of arbitration. These negotiations were referred to in the President's Annual Message for 1883, but were not concluded.

In 1888, a communication having been made to the President and Congress of the United States by two hundred and thirty-five mem

gate from that country. At the session of the Chapter V full Committee on Arbitration, on May 26, Lord Pauncefote took the floor immediately after the

bers of the British Parliament, urging the conclusion of a treaty of arbitration between the United States and Great Britain, and reinforced by petitions and memorials from multitudes of individuals and associations from Maine to California, great enthusiasm was exhibited in its reception by eminent citizens of New York. As a result of this movement, on June 13, 1888, Mr. Sherman, from the Committee on Foreign Relations, reported to the Senate a Joint Resolution requesting the President to invite from time to time, as fit occasions may arise, negotiations with any Government with which the United States has or may have diplomatic relations, to the end that the differences or disputes arising between the two Governments which cannot be adjusted by diplomatic agency may be referred to arbitration, and be peaceably adjusted by such means."

November 29, 1881, Mr. Blaine, Secretary of State, invited the Governments of the American nations to participate in a Congress to be held in the City of Washington, November 24, 1882, "for the purpose of considering and discussing the methods of preventing war between nations of America."

For special reasons the enterprise was temporarily abandoned, but was afterward revived and enlarged in Congress, and an Act was passed authorizing the calling of the International American Conference, which assembled in Washington in the autumn of 1889. April 18, 1890, referring to this plan of arbitration, Mr. Blaine said:

On

If, in this closing hour, the Conference had but one deed to celebrate, we should dare call the world's attention to the deliberate, confident, solemn dedication of two great continents to peace, and to the prosperity which has peace for its foundation. We hold up this new Magna Charta which abolishes war and substitutes arbitration between the American Republies, as the first and great fruit of the International American Conference."

The Senate of the United States on February 14, 1890, and the House of Representatives on April 3, 1890, adopted a concurrent resolution in the language reported by Mr. Sherman to the Senate in June, 1888.

July 8, 1895, the French Chamber of Deputies unanimously resolved: The Chamber invites the Government to negotiate as soon

Chapter V reading of the minutes, and made the following

Address of

remarks:

"MR. PRESIDENT: Permit me to inquire whether Lord Paunce- before entering in a more detailed manner upon our

fote.

Historical

note on the

as possible a permanent treaty of arbitration between the French attitude of the Republic and the Republic of the United States of America." United States July 16, 1893, the British House of Commons adopted the following on the subject resolution: :of arbitration.

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Resolved, that this House has learned with satisfaction that both Houses of the United States Congress have by resolution requested the President to invite from time to time, as fit occasions may arise, negotiations with any Government with which the United States have or may have diplomatic relations, to the end that any differences or disputes arising between the two Governments which cannot be adjusted by diplomatic agency may be referred to arbitration and peaceably adjusted by such means; and that this House, cordially sympathizing with the purpose in view, expresses the hope that Her Majesty's Government will lend their ready cooperation to the Government of the United States upon the basis of the foregoing resolution."

December 4, 1893, President Cleveland referred to the foregoing resolution of the British House of Commons as follows;

It affords me signal pleasure to lay this parliamentary resolution before the Congress and to express my sincere gratification that the sentiment of two great and kindred nations is thus authoritatively manifested in favor of the rational and peaceable settlement of international quarrels by houorable resort to arbitration."

These resolutions led to the exchange of communications regarding the conclusion of a permanent treaty of arbitration, suspended from the spring of 1895 to March 5, 1898, when negotiations were resumed which resulted in the signature of a treaty, January 11, 1897, between the United States and Great Britain.

In his Inaugural Address, March 4, 1897, President McKinley said: —

"Arbitration is the true method of settlement of international as well as local or individual differences. It was recognized as the best means of adjustment of differences between employers and employees by the Forty-ninth Congress in 1886, and its application was extended to our diplomatic relations by the unanimous concurrence of the

duties it would not be useful and opportune to sound Chapter V the Committee on the subject of a question which in my opinion is the most important of all, namely: the establishment of a permanent international tribunal Senate and House of the Fifty-first Congress in 1890. The latter resolution was accepted as the basis of negotiations with us by the British House of Commons in 1893, and upon our invitation a treaty of arbitration between the United States and Great Britain was signed at Washington and transmitted to the Senate for ratification in January last.

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Since this treaty is clearly the result of our own initiative, since it has been recognized as the leading feature of our foreign policy throughout our entire national history, the adjustment of difficulties by judicial methods rather than force of arms, and since it presents to the world the glorious example of reason and peace, not passion and war, controlling the relations between two of the greatest nations of the world, an example certain to be followed by others, I respectfully urge the early action of the Senate thereon, not merely as a matter of policy, but as a duty to mankind. The importance and moral influence of the ratification of such a treaty cau hardly be overestimated in the cause of advancing civilization. It may well engage the best thought of the statesmen and people of every country, and I cannot but consider it fortunate that it was reserved to the United States to have the leadership in so grand a work."

The Senate of the United States declined to concur in the ratification of the treaty of Arbitration with Great Britain, but for reasons which do not affect a general treaty directed toward a similar end.

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The traditions of American diplomacy have been fully maintained by Secretary John Hay, who in his instructions to the American Commission to the Peace Conference, uses this language: The prevention of armed conflicts by pacific means to use the words of Count Mouravieff's circular of December 30- is a proposition well worthy of a great international convocation, and its realization, in an age of general enlightenment, should not be impossible. The duty of Sovereign States to promote international justice by all wise and effective means is secondary only to the fundamental necessity of preserving their own existence. Next in importance to their independence is the great fact of their interdependence. Nothing can secure for human government and for the authority of law which it repre

Chapter V

Address of

Lord Pauncefote.

Historical

note on the attitude of the United

States on the subject of Arbitration.

of arbitration, such as you have mentioned in your address. Many proposed codes of arbitration and rules of procedure have been made, but up to the present time the procedure has been regulated by the arbitrators, or by general or special treaties. Now it seems to me that new codes and regulations of arbitration, whatever may be their merit, do not greatly advance the grand cause for which we are gathered here. If it is desired to take a step in advance, I am of the opinion that it is absolutely necessary to organize a permanent international tribunal which can be called together immediately at the request of contending Nations. This principle once established, I believe we shall not have any

sents so deep a respect and so firm loyalty as the spectacle of Sovereign and independent States, whose duty it is to prescribe the rules of justice and impose penalties upon the lawless, bowing with reverence before the august supremacy of those principles of right which give

to law its eternal foundation."

The publication by this Government of the exhaustive “History and Digest of the International Arbitrations to which the United States has been a party," six volumes, by Professor John Bassett Moore, former Assistant Secretary of State, is a significant event in the history of arbitration. This work shows beyond controversy the applicability of judicial methods to a large variety of international disagreements, which have been successfully adjudicated by individual arbitrators, or temporary boards of arbitration chosen by the litigants for each case. It also furnishes a valuable body of precedents for the guidance of future tribunals of a similar nature. But perhaps its highest significance is the demonstration of the superiority of a permanent tribunal over merely special and temporary boards of arbitration, with respect to economy of time and money as well as uniformity of method and procedure. The Delagoa Bay award was made subsequently to the publication of this "History and Digest." otherwise one more striking example, illustrating the same idea, might have been added.