New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-18


nations cannot afford to leave controversies by
which their National position may be affected or
a number Of their fellow-subjects transferred to
foreign rule to the deciding vote OF one man,
and that man foreigner
MR. OLNEY PROPOSES SUBSTITUTE
Secretary Olney In reply. on April ii declares
that Lord Salisbury's proposals are welcomed
with the keenest appreciation Of their value. and
Of the enlightened and progressive spirit which
animates them. So far as they manifest a desire
that the two great English-speaking peoples Of
the world shall remain in perpetual peace. he
fully reciprocates that desire on behalf of the
Government and people Of the United States To
himself. personally nothing could bring greater
satisfaction than to be instrumental in the
complishment Of end so benefcent But, by
the direction OF the President. he proposes the
following substitute for Lord Salisbury's arti-
cles " ard V
". Arbitration under this treaty shall also he
obligatory in respect Of all questions now pend
ing or hereafter arising involving territorial
rights, boundaries. sovereignty Jurisdiction or
any pecunary claim or group Of claims aggre-
eating a sum larger than 100 600 and in respect
OF all controversies not in this treaty specially
described
Provided. however. that either the Congress Of
the United States on the one hand or the Para-
ment OF Great Britain. on the other at any time
before the Arbitral Tribunal shall have convened
for the considerable, Of any particular subject
matter. may. by act or resolution. declaring such
particular subject matter to involve the National
honor or integrity. withdraw the same from the
operation Of this treaty and provided further
that II controversy shall arise when either the
Congress Of the United States the Parliament
Of Great Britain shall not he in session. and such
controversy shall be deemed by Her Britannia
Majesty's Government by that Of the United
States, acting through the President. 10 be Of
such nature that the National honor or integrity
may be involved. such difference or controversy
shall not be submitted tc arbitration under this
treaty until the Congress and the Parliament
shall have had opportunity to take action
thereon.
WHEN AWARDS SHALL BE REVIEWED.
In the case Of controversies provided for by
this article. the award shall be final II con-
Cured in by all the arbitrators If assented to
by majority Only. the award shall be final
less one Of the parties. within three months from
its PRONUNCIATION. shall protest in writing TO the
other that the award is erroneous in respect Of
some issue Of fact OF law. In every such
case the award shall be reviewed by court COM
Court Of Great Britain and three Of the judges
Of the Supreme Court of the United States who
before entering upon their duties shall agree
upon three learned and impartial jurists to be
added to said court in they shall be equally
divided upon the award to be made
To said court there shall be submitted a rec
ord in full Of all the proceedings OF the original
Arbitral Tribunal which record, as part thereof
shall include he evidence adduced 70 such
tribunal Thereupon the said court shall pro-
ceed 10 consider said award upon said record
and may either affirm the same make such
other award as he principles Of law applicable
20 the facts appearing by 50 id record shall war
rant and require; and the award 50 affirmed
go rendered by said court. whether unanimously
or by majority vote shall be final If. how
ever the court shall he equally divided upon the
subject Of the award to he made the three jurists
agreed upon hereinbefore provided shall be
added to the said court. and the award Of the
court so constituted whether rendered unani-
mously or ny a majority vote. shall be final.
ARGUMENT FOR THE AMENDMENTS
These anne ldmentS he argues make all dis
putes primo face arbitra and place where they
Lelong. in Congress and Parliament. the right
and power to decide whether they are arbitrable
or demand assertion by force Of arms. The Ad-
ministration in authority. he says, when a ser-
Gus international controversy arises is often
posed to Influences not wholly favorable to its
impartial consideration II is liable 70 view the
honor Of the country not distngushable
from the good of the party And If war and not
arbitration. is 70 be evoked. the direct repre-
sentative of the people, at whose cost and suf-
fering war must be carried on should be prop
erly charged with the respon dbility Of MAX
ing II.
BY the scheme as amended, the controversy
IS fraly ended; whereas under the original
proposition there would be an award only in the
rare in which the six appellate arbters
favored il either unanimously by ajority
Of FIVE 10 one Mr.. Olney thinks such an ar
rangement would be dangerous In all cases
in which the arbtrators were equally divided.
stood four to two. public feeling in each country
would be aroused by the protracted proceedings
and the chances OF peaceful outcome would
he rather prejudced than promoted. II is also
pointed out that the United States. having
European alliances has more to fear than Great
Britain from the bias OF foreign judges
Secretary Olney finally contends that 20 insist
upon an arbitration scheme constructed that
mscarrages Of justice can never occur is 70 in
sist upon the unattainable. and s equivalent 10
a REIMBURSEMENT altogether Of the effort ir be-
half Of general system or National arbitration.
An approximation TO truth-results which, on
the and in the long run. conform TO
right and justice-is all that the "lot Of hu-
manity' permits one TO expect from any plan
THE VENEZUELA CONTROVERSY.
In conclusion Secretary Olney says: 1T only
remains 10 observe that II Article " as
amended should prove acceptable. no reason is
perceived why the pending Venezuelan boundary
dispute should not be brought within the treaty
by express words OF Inclusion II. however
treaty for general arbitration he now ex-
pected. il cannot be improper TO add that the
Venezuelan boundary dispute seems TO offer
good opportunity for Of these tentative ex-
L.. l..