New-York tribune., 1874-04-11
COURTS OF ARBITRATION.

Jn tse, Ietter Uas published in THE TRIBUNE,
from Mr. Thomas Balch, recommending that tho
Alabama claims he referred to a Court Of Arbitra-
tion before which the claims should be presented
nroved and argued Mr. James Lorimer Regius
Professor of Publc Law and of the Law OF Nations,
in tbe University of Edinburgh on the 10Th OF foD-
ruary 1874 wrote to Mr. Balch as follows, IN regard
to this letter:
do not know to what extent letter anything
eso YOU said or did may led TO the negotiation OF
the Treaty OF Washington by which the threatened war
between our countries believed by many to have been
averted but certain il the letter was very re-
rnarkable anticipation Of the treaty which was hego'
ated six years aterward The tribunal wnich you Sug
gesed almost exactly cOrresponded to that appointed
under Article XII of the treaty. ana even tue great u
bunal which sat at Geneva under Article lwas only
fuller realization Of your original concepon oy "Soi
infusion OF the neutral element than you had contour
into the court In respect t certainly was an
Improvement. But for the presence OF tho heutrai
Judges It is doubtful If the work would have been
TO successful ssue and think 1t very worthy vi oo
sderaon whether, all future occasions the ConmS
soners ought not to be appointed exclusively foi H'
trails.
"In his introduction to his pamphlet bellgeront
and sovereign rights, which contains his very aoie
pIeodine in the case OF the Circassian, Mr. W. Beach
Lawrence remarks on the want OF judicial dignity ana
mpartiality displayed by the commissioners OF oo tne
i,terested nations and adds: that tribunal there
were three other members and two OF them migh' po
haps without serious inconvenence, have peeh Will
drawn from he bench 1 confess am much dlsposeu
To agree with him. The judges OF such court as IL
saes IN me oupbt all to be neutrals the belgerents so
to sneak appearing only In their true character as r
gants Whether the judges ought all 10 ne CHOSEN oS e
trails ia another question With view 10 removing Vi
mitigating The aversion which proud ana jealous uatos
naturally feel to nrusting their honor ana ther inter
ess to Others might probably be eXpedeht tha eaon
utigapt should retain the direct appointment OF one
member Of the court binding itself not 70 select him
from ts own citizens, from the citizens OF iany state
that was dependent upon It,
But the chief difficulties attending international ar
braon have reference not to the organization OF suit
able tribunals but 10 the determination OF the character
of the parties capable Of organizing them and the eh
acter OF the questions that be submitted TO Them
In this country there is tendency To poOhpooh arD-
tration altogether the ground OF the oi
is possible operaton and from ridcule and vim
dCae for it the position to which Is really ebltied
do think very Important that jurlsts shoulttDy
whether cannot eliminate the impossible cases and
moderate the expectations Of its
II very much tns task which the Institute proposes
10 itself in The first instance. and know no one more
able 10 aid IN its accomplishment than YOURSELF priVi-
legged you to enjoy the society OF such Jurlss as
iIr Lawrence As belong 10 the committee which the
The Three Rules sball not be called upon 10 express
my opinion this subject previous to the meeting and
shall therefore mention to you now, IN very few
words. what has occurred to me:
First: Arbitration being contract by which the
parties agree abide by the decision of third IS pos
sibo only between parties, both OF whom possess
rational and such, contracting Will This cuts on arol-
tration between civilized nations and barbarians be-
cause barbarians are incapable Of entering into such
mott ri
cision arbrstors whom barbarians might appoint;
and even supposng them to appoint civilized men, civ
zed nations could not trust to their acceptance OF tho
decision which their arbtrators had eoncurred IL
the conduct Of civilized nations to barbarans be UNJUST
il is form Of injustice which may bc prevented-as in
the case of the slave-tradeby the condemnation and
by the Intervention Of other Civilized nsions put
1t cannot be prevented by arbitration.
"Sscond There are internal as well as external bar
barians to whom these observations apply. Arbitra-
ton between the Commune Of Paris, for example and
the Government of Versailles, would have been much
out of place between aud the Ashantees, or be-
tween criminal and the public prosecutor
Third Arbitration is nappcable where the question
has reference to the relative value of States
where asked for example whether their historical
position relation to each other Is or Is not now their
true position. SO far the FrancoGerman war was
fight the hegemony OF continental Europe 1t did not
admit OF arbitration for the very obvious reason that
that was question which, If 1t must be decided could
be decided only by trial Of strength On the other hand
in 80 far as the Franco-German war arose from the
question whether France was entitled to the boundary
OF the Rhine, geographical grounds, whether Ger
many entitled to Asace and Lorraine on historical
and chronological grounds, 1t fit subject for arDtra
ton, however difficult 1t might have been 70 induce
either power to think II would, believe, have baen
physically possible for Russia, England, Amer
ica aud Austria combined, to have forced
heir
formidable combatsnts as France and Germsny, and
perhaps they might prevent the too probable recur.
renee Of Buteyen in the most improbable and m
conceivable event of their arbitration beng accepted,
by decree arbra could they have produced the facts
that resulted from tho late could they now anc
ipate those which may result from another Arbitration,
like judicial action In any other FORM only declare
relation which already exists whereas brings about
new relations or at those which existed
in posse relations On this ground lfear the
Eastern Question too is beyond the reach OF arbitration
that question, in It's essence, being the question 90
whether Russia be In reality the prepOnderang
power and such entitled to give the law TO the East
OF Europe and the West OF Asia Here. however heres
one element favorable to arbitration which did not exist
in the of France and Germany viz tho willingness
OF the parties least Turkey TO place herself
unreseryedly In the hands Of neutrals. refrain alto
gether from Offering opinion as TO whether arbitration
was, at anytime possible In the relations between the
Northern and Southern States previous to during tho
of your great civil that being subject
on which you are much able TO form opinion
than am.
"These three cases, classes Of cases. then tho
only think Of at present that seem to forbid
the hope of being dealt with by arbitration They
leap all the ordinary disputes and dsagreements OF
nations which admit OF being measured by pecuniary
compensation, arranged by the exchange cesson
territory with view TO the rectncaon of boundary
lines and the like. Even within these limits the action
OF courts composed of neutral arbers NAV be