American citizen. [volume] (Canton, Miss.) 1864-1890, 1874-02-07
International Arbitration.


Two CONVENTIONS have recently been
held in EurOpe-the one at Client and the
other at Brussels-cOmposed of eminent
jurists and publicists, for the most part
European, for the purpose of reforming
the law of nations and placing its recog-
nized principles upon a more solid basis
of public authority. The convention at
Brussels organized itself into permanent
association, under the title of The Asso-
citation for the Reform and the Codifcation
of the Law of Nations"
The chief objects proposed by this or
ganiZation are to improve and cOdify pub
lie and private international law, to unity
this law in the practice and procedure of
nations, and especially to provide for the
peaceful settlement of International dis
putes, by substituting the principle of ar
bitration for the sword. In reference TO
the last of these objects the Brussels con-
ference adopted the following resolution ::
1.-The conference declares that it regards arbitra-
ton as a means essentially Just, reasonable, and
even obligatory for terminating differences be-
tween nations when negotiations have not sue
ceeded. 1t abstains from affirming that in all
cases, without exception this means is practicabe
but it believes that the exceptions not numer-
Gus, and it is firmly convinced that no difference
must be considered as iDsolubfe unless the Hiiga-
ton has been defined precisely, a suitable delay
been accorded. and all pacific means of arrange
ment been exhausted"
This is a cautious and well-worded
resolution, and were its letter and spirit
complied with by nations, when involved
in controversy, with each other, they
would never resort to the arbitrament of
the sword. Individuals, when disagree
ing as to their respective rights and obli-
cations, will never come to blows, and
but seldom to a lawsuit, provided they
will, before trying either expedient, ex-
haust all the "pacific means" of an AMIGA
BILE arrangement" Both the temper and
the process are quite sure to issue in a
peaceful settlement of their difficulty.
Nations, though composed of many per-
sons, are, in their relations to each other,
simply plural units, speaking and acting
through their constituted governments;
and the same general principle of moral
itv, peace, and justice which binds indi-
viduals in their intercourse with each
other are equally applicable to nations
in similar relations. There is no reason
why the latter should quarrel, and especi-
ally why they should resort to the violence
of war, that would not equally justify the
same things in the former on smaller
and less destructive scale
War, however has been so long and so
much the practice of nations that the
problem of absolute prevention is one of
the most difficult that can be conceived.
The first thing to be gained is to bring
nations to common understanding as to
good neighborhood by which they will
mutually con-ent to be governed in their
relations to each other. International
law, as it now exists, is for the most part
a matter of usage, that has changed from
time to time, and GENERALLY for the better,
without being Incorporated into code,
while resting upon no other sanction
than that of an indefinite and often vary
ing and uncertain public sentiment. 1t
frna tis4l t,,rrI nn 40 a.
tions, in the works of jurists expressly
written to state and explain its recognized
principles, and in the decisions OF nation
al courts; yet there exists at present no
where on the face of the earth an lnterna-
tional code to which the nations have
given their consent and which they have
mutually pledged themselves to observe.
We understand it to be one OF the OBJ
iects of the Association" recently Or
ganized at Brussels 10 prepare such
code, to incorporate therein whatever is
right and proper in the present usages of
peace among nations, to make such add
tons thereto as expectancy and justice
require, and then to secure its national
adoption. The adoption would be virtu-
ally a treaty between all the parties
agreeing to the code.
The next thing to the prevention of ma
tional controversies is their settlement SO
as to avoid war when they exist. Ma
tions, like individuals, may by msappre-
hension or by fault be involved in diff
Guilty with each other; and when they
are thus involved how shall the difficulty
be adjusted? The first and most obvious
answer to this question is that they should
try to settle the matter in dispute by
peaceful negotiation If this be success
full, it is the end of the whole question;
and generally it will be successful, pro
III 10
toward each other, courteously discuss
their differences. and really seek TO settle
them. Good sense and good temper will
usually end in treaty II, however.
this result fail, then nothing is left but
arbitration or war. Which shall it be-
"The Association for the Reform and
Codification of the Law of Nations" seek
to make arbitration, and not war, the in
ternational rule Tor disposing ofsuch u case.
1t is proposed that substantially what
transpired between Great Britain and the
United States in the amicable settlement
OF the "Aiabama" question shall become
a part Of tho law Of nations, The Two