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Chapter V

The entire article

stricken out on motion of

Germany.

unanimously, and various verbal changes were made in the rest of the Article as proposed by Russia. Finally, at the meeting on July 4, Dr. Zorn, on behalf of the German Empire, moved to strike out the entire Article.

It was understood that one of the conditions upon which the German Empire had accepted the institution of a Permanent Court of Arbitration was the suppression of all provisions for compulsory arbitration, and this arrangement was unanimously and cheerfully ratified both by the Committee and the Conference. The American representative especially, having taken personal part in the negotiations which were carried on in Berlin, for the purpose of overcoming the objections of the German Empire to the institution of a permanent Court of Arbitration, maintained that the provision for compulsory arbitration, especially with the limiting phrase "so far as vital interests and national honor are not affected," was of no importance whatever, compared with the institution of the permanent Court by the unanimous and cordial coöperation of all the great Powers. The refusal of any one of the latter to consent to the establishment of the Court would, in all probability, have been fatal to the idea, and consequently to the success of the entire Conference. On the other hand, the provision for compulsory arbitration would have no greater sanction enforcing it than any other portion of the treaty, and it is expressly provided in Article 19, that the Signatory Powers reserve the right to conclude

various treaties with a view of extending obligatory Chapter V arbitration to all cases to which they shall deem it applicable. Under these circumstances the rejection of this provision may well be regarded as one of the wisest and most conservative steps taken by the Peace Conference.

Chapter II.

On the Permanent International Court
of Arbitration

important

sidered by the Conference.

No proposition before the Conference was received The most with more sympathy and favor than the plan for the subject conestablishment of a permanent Court of Arbitration. It formed from the first the keystone of the proposals formulated and presented on behalf of the United States, and almost from the moment of their arrival at The Hague, the American representatives declared that the realization of this idea was their chief object at the Conference.1 The Government of Great Brit

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1 The number of official attempts, - apart from the efforts of Historical private or religious bodies, in the history of the United States, to note on the establish a system of peaceable adjustment of differences arising the United between nations is both significant and instructive. As early as States on the February, 1832, the Senate of Massachusetts adopted, by a vote of subject of arbitration. 19 to 5, a resolution expressing the opinion that "some mode should' be established for the amicable and final adjustment of all international disputes instead of resorting to war." A similar resolution was unanimously passed by the House of Representatives of the same state in 1837, and by the Senate by a vote of 35 to 5.

A little prior to 1840 there was much popular agitation regarding the convocation of a Congress of Nations for the purpose of establishing an international tribunal. This idea was commended by resolutions adopted by the Legislature of Massachusetts in 1844, and by the Legislature of Vermont in 1852.

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 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.

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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 Conferwhich assembled in Washington in the autumn of 1889. On April 18, 1890, referring to this plan of arbitration, Mr. Blaine said: :

ence,

"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 Republics, 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 remarks:

Address of

"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 coöperation 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 honorable 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

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