The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-18


a very interesting fashion as follows:
he OBJECT which has separated them
(tne Two governments has been the diff
Guilty OF deciding how far the undertaking
to refer all matters in dispute is TO i've
carried. On both sides it is admitted
that some exceptions must be made.
Neither government is willing to accent
arbitration upon issues in which the ma
tlonal honor or integrity is involved.
But in the wider region that lies within
this boundary the United States desire 70
go further than Great Britain.
For the view entertained by her
maJesty's government, there is this CON
slderation to be pleaded that a system of
arbitration is an entirely novel arrange,
ment and, therefore, the conditions under
which it should be adopted are not likely
to be ascertained antecedently. The
limits ultimately adopted must be deter
mined upon by experiment In the inter
ests of the idea and of the pacific results
which are expected from it, it would be
wise to commence with modest beginning
ana not to hazard the success of the prin-
clple by adventurinG it upon doubtful
ground The suggestion in the heads of
treaty which are enclosed to your excel
iehcy, Will give an opportunity for OBJ
serving more closely the working of the
machinery, leaving it entirely open to
the contracting parties, upon favorable
experience, to extend its application fur
oher ana TO brlng under its action contro-
Versies to which. for the present, it can
only be applied in a tentative manner and
to a limited EXTENT
Lord Salisbury argues that while there
is no difficulty in finding impartial arbi
traitors to adjust private disputes. or
cases involving claims for damages. the
classes OF cases involving claims
to territory or sovereign rights
stand on an entirely different foot
ing ana are calculated TO involve
deeply the sympathies of men on one side
or the other This interferes most for
mldably with the selection of an impar-
tial arbitrator, and the difficulties will
at once present themselves to mind if an
attempt Is made to construct panel rof
nations capable of providing competent
ar bitrators
Says Lord Salisbury in conclusion:
The plan which is suggested in the
appended draft treaty would give n court
OF appeals from the single voice of the
foreign Judge. Its operation in arresting
faulty or doubtful Judgment would
make 1t poss BILE to refer great issues to
arbitration without the risk of a disas-
trous miscarriage of justice. lam aware
that to the warmer advocates of arbitra-
ton this plan will seem unsatisfactory
ana imperfect. But | believe that it
offers an opportunity of making a sub
stantlal adj ice, which more ambitions
arrangement would be unable To secure.
and, If under its operation. experience
should teach us that our approximations
as to the danger of reposing an unlimited
confidence in this kind of tribunal are
uniounded, 1T will be easy, by dropping
precautions that will have become neces-
S1rV. TO accent and IL, a. Il
arbitration in its most developed form. >,
The draft treaty spoken of in the above
Is composed of six articles The first pro.
vldes for the appointment by the United
states and Great Britain of TWO more
permanent judicial officers, one of whom
Is to be designated by his own nation To
act as an arbitrator to the act. with one
named by the other side ON appearance of
any difference between the two powers
which cannot be settled by negotiations.
The second article provides for the selec
ton by the arbitrators of an umpire TO
act between them. The remainder of the
draft is as follows:
''3. Complaints made by the nationals
of one power against the officers of the
other; all pecuniary claims or groups of
CLAIMS, amounting to not more than 100
OOO pounds, made on either power by the
nationals of the other, whether based on
an alleged right by treaty or agreement
or otherwise; all claims for damages or
indemnity under the said amount: all
questions affecting diplomatic or consul
lar privileges: ali alleged rights of fishery.
access, navigation, or commercial privi-
leSe, and all questions referred BIZ special
agreement between the two parties. shall
be referred to arbitration in accordance
with this treaty and the award thereon
shall be final.
a. Any difference in respect to oues
tlon OF TACT, or OF international law in
volvlng the territorial rights, sovereipntv
or jurisdiction of either power, or any
pecunlary claim or group of claims of any
kind, involving sum larger than 100
QUO pounds shall be referred to arbitra
ton under this treaty.
20. Any difference which. in the iudg-
ment of any power, materially affects its
honor or the integrity of its territory
snail not be referred to arbitration under
TINS treaty except by special agreement
%. Any differences whatever by agree
ment between the two powers may be re-
ferred to decision by arbitration. as
herein provided, with the stipulation,
that unless accepted by both powers, the
decision shall not be VALID
Secretary Oiney begins his response by
directing attention to the fact that Lord
salisbury in terms excludes from consid-
Grafton the Venezuelan boundary dis
pute, but nevertheless declares that these
proposals of her majesty's prime min
lister are welcomed by the President with
the keenest .appreciation of their value
and of the enlightened and progressive
spirit which animates them and adds:
SO far as they manifest desire
hos . l.nt