The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-13

But what does this mean in reality Ii means that
the government TO which the case nominally is re-
teued virtually lays IL before some of its officers
to whose decision the latter lends its name. This
cannot suit u.s. For either the Oregon question must
be referred TO royal arbitration in which case we
Justly fear undue bias towards England, when
the question is about bestowing sovereign power
over extensive territories, or to republican arbitra-
tori that is We must either refer II TO republic OF
South America, which is out of the question, or to
Switzerland, which ia far too much embroied by
civil contest, or 10 one Of the free Hanseac towns.
These, however, might be too easily influenced by
neighboring powerful States and their responsible
ity would be far too much divided TO deserve that
confidence OF the tgating parties, which is neees-
sary in 80 highly important a matter. Some per-
sons, therefore, have proposed that the United States
and England should each appoint two citizens-Mr.
Calhoun, Mr. Webster, and Lords Ashburton and
Morpeth have been mentioned-to form a court Of
Arbitration But would they, or, indeed, could they
meet IN any other virtual character no matter what
name We give to their commissions than that Of
ambassadors We should gain, therefore, nothing,
because we should again have diplomatic transac-
ton which we have found already insufficient. IL
remains, then, TO know whether there exists nowhere
h court Of equitable arbitration 20 which this
rous and vital case may be referred with safety and
Joint confidence
Let us first see Of what essential qualities such
high court Of equity ought to be possessed.
Ii ought to be considered by both parties being
Both parties ought freely to repose confidence in
its candor and impsrtiality.
The court ought TO be capable Of dealing with so
intricate subject This implies that il ought to
possess the necessary knowledge OF the principles,
as we'll as the generally adopted rules Of the law Of
nations in its whole extent; the necessary habit of
mind to grapple with extensive and implicate ma
terials; knowledge Of general as well as our Eng
sh law, and 1t ought 10 be master Of the history Of
treaties.
IL ought to consist Of men Of high name and
fame small in number and consequently conscious
that not only the whole world looks upon them,
but that the responsibility Of their decision will lie
undoubtedly upon each and every one OF them
men who know that they have TO gain or lose
great deal in their reputation by the verdict which
they may give, and that their names will go down
TO posterity with its wisdom and Justice, or I'M
soundness and injustice.
II ought, at the same time, to consist Of men who
are wholly unconnected with politics.
Now, no body Of men seems To me to unite all
these essential qualities in so eminent degree
the law faculty Of some distinguished foreign uni
versty In some wholly impartial country; for in
stance, that Of the university Of Heidelberg in
Baden. What were Hugo Grocus, Pufendorf,
Story, and others, 10 whom we daily recur
guides in International questions but law profess
in universities II would not be the first time
that government submits to foreign law
faculty. When Hungary yet independent,
difficult repeatedly sent from that coun-
try to German Italian faculties oflaw. IL might
be the frat time, indeed, that law faculty were
made the arbitrator between two great soyeregns;
but much the more it would be encouraging
sign OF advancing civilization, and be mentioned by
future historians Of the several means which
this age happily has resored to to avoid war, in
cases which, but fifty years ago, would inevitably
have ended in ruinous contests.
The proposition is novel, and therefore may at
first glance have something surprising about it, but
q Cln lU hall End
reason to ask ourselves, Can a more competent, i'm
partial, and trustworthy tribunal be found the
face Of the globe Is it not far more honorable to
lay great before distinguished jurists, than
before prince, who, as matter Of course, hands
il over to some statesmen Have we (the United
States and Mexico,) on former occasion, not made
foreign individual (the Prussian minister at
Washington, Baron Bonne) the judge and arbitra-
tor in a series Of very important cases. Nor could
there be any objection to the addition Of one two
citizens from each contendlng country to this body,
before which the properly appointed commission
ers from America and England would state their
arguments If such court were restricted as to
the time within which the decision must be given,
cannot see any insuperabe difficulty in the way Of
its appointment. The government Of Baden feels
no more interest in England than in the United
States, supposng even that it should feel inclined
to influence the faculty, or, indeed, the faculty to
allow itself to be influenced.
! IL, however, we should show any unwillingness
to have our case fully and thoroughly Investigated
by impartial minds, it would show the weakness,
and not the strength of faith which we have in the
Justice of our claims.
This measure is modestly suggested to my fellow
citizens coming from one who is as profoundly
interested in the great question of war and peace
and in the strength and honor of his country, as
any one of the many millions of his brethren, yet
only in the character of private citizen, and in no
manner as a politician. But can be more inter.
ested in and peace than private citizens, as
producers and consumers, fathers and hus-
bands, members Of the state, as Christians
and as men
COLUMBIENSIS.
South Carolina, January, 1916.