The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-08-21
BY ARBITRATION
Continued from First Page.

to Examine and meet these dlIhcult1es
and to discriminate between the cases In
which friendly arbitration IS, and In
which it may not be- practically posi-
bic.
Pursuing this line of thought. the
,bort-cominQs of international law reveal
themselves to as and demonstrate the
grave difficulties of the position.
The analogy between arbitration as to
matters in difference between individuals
and to matters in difference between
nations, carries us but short way.
La private litigation the agreement to
refer is either enforceable as rule of
court. or, where this is not SO, the award
gives to the successful litigant substAn-
tive cause of action. III either case there
is behind the arbitrator the power of the
judge to decree, and the power of the
ecutive to compel compliance with,
the behest of the arbitrator. There exist
elaborate rules of court and provisions of
the legislature governing the practice of
Ia bitrations. In fine, such arbitration is
a mode of litigation by consent, governed
by law, starting from familiar rules, and
carrying the full sanction of judicial de-
oision. International arbitration has
none OF these characteristics 1t is
cardinal principle of the law of nations
that each sovereign power, however
politically weak, is internationally equal
to any other political power, however
politically sJrong. There are no rules OF
international law relating to arbitration.
and of the law itself there is no authori-
tative exponent nor any recognized au-
thority for its enforcement.
But there are differences to which, even
as between individuals, arbitration ia in
appllcable--subje which find their coun-
terpart in the affairs Of nations. Men do
not arbitrate where character is at stake,
nor viii any self respecting nation read
30. h ito
national independence or affecting it's
honor.
Again, nation may agree to arbitrate
and then Tepudiate its agreement. Who
IL to coerce it? Or, having gone to arbl-
tration and been worsted it may decline
TO be bound by the award. Who is to
compel it?
These considerations seem to me to
justify two conclusions: The first is that
arbitration will not cover the whole field
OF International controversy, and the
second that unless and until the Great
Powers Of the world in league, bind
themselves to coerce a erecalcitant mem
Der Of the family of nstions-we have
still to face the more than possible disre-
gard by powerful States of the ohliga-
tions Of good faith and of Justice. The
scheme of such com binatlon has been
advocated, but the signs of its accom-
plishment are absent. We have, as yet
no League of Nations of the Amphic-
tyonic tpye.
Are We then TO conclude that Force
the only power that rules the world
Must We then say chat the sphere of arbi-
tration is narrow and contracted one?
By no means. The sanctions which
restrain the wropg-doer-the breaker of
public faith-the dsturber Of the peace
of the world, ara not weak and, year by
year, they wax stronger. They are the
u ,f n hot
kind. Public opinion is Ia force which
makes itself felt in every corner and
Granny of the world, and is most power
ful in the communities most civilized.
in the public press and in the telegraph,
1t possesses agents by which its power is
concen tratsd, aud speedily brought to
bear where there is any public wrong to
be exposed and yeprobated. 1t year by
ysar gathers strength as general enlight- |
eminent extends its empire, and higher
~ oral altitude is attained by mankind.
1t has no ships of war upon the seas or
armies in the field. and yet great poten-
tases tremble before it and humbly bow
to its rule.
Again, trade and travel are great paci-
ficators. The more nations know of one
another, the more trade relations are es-
tahlished between them, the more good
will and mutuRl interest grow up; and
these are powerful agents working for
psaoe.
But although have indicated certai n
classes OF questions son which sovereign
power may be unwilling to arbitraGe.
1 am glad to think that these are not
the questions which most com monty lead
to wat is hardly too much to say
that Arbitration may fifty be applied in
the case of by far the largest NUN Der of
questions which lead to International
differences. Broadly stated, wherever the
right in dispute will be determined
by the aseertainmentof the facts of the
case land where, the facts being ascer-
tanned she right depends on the applica-
ton OF the proper principles of Inter
national Lew to be given facts-in such
cases the matter is one which ought to
be arbitrated.
The question next Is what ought to be
the constitution of the Tribunal Of Arbi-
tration? 1t it to BIS Tribunal nd hoe,
or is to be permanent International
Tribunal?
1t may be enough to say, that at this
stage, the question of the constitution of
permanent Tribunal lie not ripe for pract-
zeal discussion, nor will it until the
majority of the Great Powers have given
in their adhesion to the principle. But
whatever may be said for yesting the
authority in such Powers to select the
Arbitrators. from time to time, as occa-
case permanent Tribunal, the members
OF W hich shall be priori designated. is
practicable or desirable. In the first
place the character of the best Tribunal
must largely depend upon the question
TO be aribtratsd. But apart from this,
I gravely doubt the wisdom of giving
tha5 character OF permanence to the per-
sonnet of any suoh Tribunal. The in
terests involved are commonly SO enor.
nous and the forces of national sympa-
thy, pride and prejudice, are SO search
ing. SO great and SC subtle, that / doubt
whether Tribunal, the mem bership of
which had character of permanence.
even if solely composed of men acous-
toned to exercise the judicial faculty,
would long retain general confidence.
and !. fear, it might gradually assume
intolerable pretensions.
There is danger. too, to be guarded
against from another quarter. So long
as War remains the sole Court wherein to
Try International quarrels the risks of
failure are SO tremendous and the mere
rumor of war SO paralysis commercial
and industrial lie that pretensions who'll
ly unfounded will rarely be advanced by
any nation and strenuous efforts of
statesmen whether Immediately con-
carpad mr. NOT WI II he diractad t0 nraveut