New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-17
INTERNATIONAL ARBITRATION.

The coming Conference on International ArDl-
tration at Philadelphia Is to be commenced u
patrotic and humane attention 1t is to be heid
on the anniversary Of Washington's Birthday
an cminently fitting date-and is being organizer
by persons hitherto conspicuous in philanthropc
work. The plan is to bring together represent
alive men and women Of various occupations,
crccds and places, who shall discuss favoraDly,
of course-the general principle Of arbitration as
a means of settling International disputes and
also the more specific question OF establishing
a permanent Court of Arbitration between the
United States and Great Britain. All Of which
is. as we have said, commendabe. The Con-
ference will not accomplish all the ends its or
canizcrs have at heart. That is not to he ex-
pccted 1t may accomplish much good; and 1t
ossuredly will do so If it brings to its members,
and through them to the larger public, more
inst conception OF what arbitration is, and or
what It can and cannot do. than Is apparent IN
most of the current talk upon the subject
That arbitration is a good thing no rational
man disputes. 1t is n good thing between ma
lions. as It Is between corporations and indi-
viduals But 1t is by no means pnnacea II
has marked limitations, to ignore which VIII De
n great mistake. 1t is, for example, not appil-
cable to all cases. There are many matters OF
dispute which no man nor nation possessing
self-respect and n sense OF justice would ever
think of submitting to arbitration. Nor does u
,nnoar practicable TO determine in advance, by
fixed rules and categorics, what cases are anu
what are not t. be arbitrated. The principe
holds good which this Government long ago
established concerning the recognition OF Del
lgerency and indcpendencc-nam that cich
case must be Judged upon It's own merits anu ac
cor(ling to it, individual circumstances. Inc
iudges in each case must be. Of course, the dls
putants themselves And that suggests sec
ond fact of limitation. that arbitration must De
entered into voluntarily by both parties. That
indeed IS the fundamental and essential pr1n-
chile of all arbitration. II 1t Is not voluntary II
Is not arbitration at all. Compulsory arbitration
is n contradiction Of terms. Just there nave
arisen the most serious difficulties in the way
Of settling individual disputes and disputes be-
tween workmen and their employers by arbitra-
ton II Is easy enough to enact law establish
I'M. n tribunal Of arbitration. or providing for
snecial tribunals as need may arise. But sup
nose one party declines to 20 before the tribunal!
lie cannot be compelled to- for the moment com
pulsion is applied the principle Of arbitration l.
nations even more than OF individuals therefore.
arbitration must be limited by the will Of the
disputans.
| Then finally after ii has been agreed that the
case IS n proper subject for arbitration and both
parties have submitted II to an impartial tri-
bunal II IS essential that the award be- accepted
/ in good faith. In the cases OF individuals ana
/ corporations such acceptance may be made COM
pulsory. The law may properly require parties
/ 70 abide by the finding OF an arbitrator. to whom
they have voluntarily submitted their dispute.
| Hut I'm the case OF nations there can be no sich
commission. because there is and can be no
supcror power to exercise II. Acceptance OF the
award must depend entirely upon good faith ana
moral sense II Is true that nations may bind
themselves by treaty to abide by the results OF
! arbitration. But no treaty has any stronger
basis than the good faith OF the Powers that
make IT, We may say 1t is disSraceful thing
for a nation to break n treaty. Yet how many
are there that have not done so: We need look
no further than to the doings OF the last year
Of England and France In Siam. of Russia IN
Corea. Of Turkey in Armenia, OF all the Great
Powers OF Europe In regard To Turkey. The
history OF international diplomacy Is record of
treaty breaking almost as much as OF treaty
making.
These are the three cardinal principles which
this Conference will doubtless keep we'll in mind
in It's discussions. They are mentioned here not
for the encouragement of that body, but rather
| for its encoura cement. They indicate the drec-
ton in which its efforts may most promsingly
ne made. They reveal the vast benefcence OF the
end toward which it may most probably strive.
| kp scheme
Court Of Arbitration seem impractlcable, or they
NAV not In any case, they point toward some
thing which IS practicable, and which Is Of In
calculably greater importance than any such
tribunal. A court OF arbitration between two ma
tons would not be worth the paper on which its
constitution was written unless the people of
both countries were stcadfastly disposed to ac-
cont and TO abide by It's DEGREES in good faith.
If the people were thus disposed there would De
No wars between them but all their differences
would be adjusted amicably, court or no court.
The highest service this Conference can perform,
therefore, Is to aid in educating the public nina
and conscience up 10 such point as that; so
that when an international dispute arises the
first thought will be Of arbitration and not of
war. and there will be no thought Of war until
every peaceful means of settlement has been
tried and has failed. Judging by many OF those
who are expected to take part in its deliberations
the Conference will be able to do something of
nermanent value in that direction. But Its mem
hers will not be dshcartened If some Of the seed
they SOW seems TO fall upon stony and barren
ground They are not Of the class who are "EX
meeting all things in an hour, Brass mouths and
''iron lungs"