New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-21

readily arbtrate questions touching its ""-
tional independence or Affecting its nohor. = than
Again ii nation may agree 10 arbtrate ana 'n n
repudiate its agreement VINO IS 10 ooenve - 81
having gone to arbitration and been WorSteu, a.
may decline to be bound by the award VINO -
These considerations seem to me to JUSTIFY two
conclusions: The first Is that arbitration VIII not
the whole field OF International controversy,
and the second that unless ana untll the BIeae
Powers of the world in league, bind themselves 10
tons we have still to face the more than Po5 n az
disregard by powerful States or the oDhss'loly VI
good faith and of Justice The scheme OF surn Of
combination has been advocated, put tne sishs e ~
It's accomplishment are absent. We nave: as yel'
no eagne Of nations OF the AmPhT oc &c s the
only power that rules the world? Must we t and
BY no means. The sanctions which restrain the
turber OF the peace Of world. are not weak.
and. year by year. they wax stronger they an, are
Public opinion is a force which makes Itself felt
In every corner and Granny Of the world ana Is
In the public press and In the telegraph IT pos,
scsses agents by which rs power Is
public wrong to he exposed and repro3ated IL
D s and
altitude is attained by mankind IT has no no SHIPS
vet great potentatcs tremble before IL and hunbly
Again, trade and travel are great paclhcators. The
more nations know Of one another, the more trade
relations are established between them, the more
goodwill and mutual interest grow up and these
powerful agents working for peace.
But although / have Indicated certain classes Of
questions which sovereign Powers may be unwiil-
Ing TO arbtrate am CAD 10 think that these are
not the questions which most commonly lead 10 war
L IS hardly TOO much TO say that arbitration may
number Of questions which lead 10 international dlf-
ferenccs Broadly stated %. wherever the right in
dispute will be- determined by the asceriairment OF
the true facts Of he case: l2), where. .he facts
being ascertained. the right depends on the appli-
cation Of the proper principles Of interna tona law
to the given facts. and 80. where the dispute Il
one which may properly be adopted on give-and-
take principle, with due provision for equitable
compensation as in cases of dolimation OF terri
tory and the llke-in such cases the matter is one
which ought to he arbitrated.
The question next arises, What ought 10 be the
constitution Of the tribunal of arbitration? Is II 10
be tribunal al hos or is 1t 20 be permanent
international tribunal?
1t may he enough to say that at this stage the
question OF the constitution OF a permanent tribunal
is not ripe for practical discussion nor vii. Il be
until the majority Of the great Powers have given
may be said for vesng the authority in such Powers
casIon may arise. doub, whether in any case
permanent tribunal, the members of which shall be
the f FRS 9c what m he pr parcuaT case
Is the best tribunal must largely depend upon
from this sravey doubt the Wisdom wis., pA Of
giving that character of permanence to the
vowed are commonly 50 enormous and the forces
Oh national sympathy pride ard prejudice are 50
whether a tribunal. the membership Of which had
character OF permanence. even II solely composed Of
would long retain general confidence and. fear, 1t
mlgnt gradually assume intoltrabe pretensions,
There IS danger, too. 20 De guarded agains. from
another quarter So long as war remains the soc
court wherein to try international quarres the risks
VI aduuie are 80 renei dOus ana NE mere runor
OF war 50 paralyzes commercial and Industrial lie
aGVdhced by any nation, ana, the strenuous efforts
OF statesmen, whether Immediately concerned not.
standing court of nations. 10 which any Power may
resort, with iltte cos and no risk. the temptation
founded claims in support OF which there may
ready be found IN most countries (can We except
bo1y inSoos onv S'' re nd ~ 9ats2 n4Sy
and nhammatory patriotism
MEDIATION AND IT'S ADVANTAGES.
There is one influence which by the law of ma
tons may be legtimately exercised by the powers
in the interests of peace-I mean mediation.
The plenipOtentiaries assembled at the Congress
Of Paris 1856. recorded the following admirable
sentiments in their twenty-third protocol: THE
penipotentiaries do not hesitate to express in the
names of their Governments. the wish that States
between which any serious misunderstanding
may arise should, before appealing to AIMS, have
recourse as far as CIRCUMSTANCES may allow to the
good Offices OF a friendly Power The plenipoten.
tiaries hope that the Governments not represented
at the Congress will unite in a sentiment which
has inspired the wish recorded in the present pro-
toco'
In the treaty which they concluded they en-
bodied, but wth a more limited application the
good Offices though substantially similar to It, In
any OF the signatory Powers, the obligation was
undertaken before having recourse to the of
force, to afford the other contracting parties the
opportunity of preventing such an extremity by
means OF their mediation" article S. Under this
article Turkey. in 1871 appealed 10 the other Powers
TO mediate between her and Russia: II is not, per-
haps. to be wondered at, considering the crcum-
ing the Russo-Turkish War But the Powers as
sembled in the African Conference at Berlin were
attemp', and in the final of that conference the
following pro }iso article l9 appears:
tween the signatory Powers on any subjects within
the limits of the territory mentioned in Article
dom the Powers mutually agree before appealing
to arms. to have recourse to the mediation Of one
1t is to be noted that this provision contemplates
not arbitration but mediation. which IS a different
instance invested, and does not seek to be in
vested with the authority to adjudieate upon the
ties. He seeks to bring them together. He avoids
tone of dication TO either lie is careful to
wound their political dignity or their susceptible
ties. If he cannot compose the quarrel ne may at
more limited dimensions. the result of mutual con-
cessions; and. having narrowed the issues, he may
pave the way for final settlement by a reference
to arbitration or by some other method .<...,
Th 6s pc 9R T ges ao5 Pfr res no' 50 often
as to mode time and circumstance and that the
task can be Undertaken hopefully only where
the mediator possesses great moral influence. and
where he IS beyond the suspicion of any motive
except desire for peace and the public good.
There is. perhaps class of question I'm which
mediation may not; time and occasion being Wisely
questions affecting national honor and sentiment
Mr. President | come end. have but
touched the fringe of a great subject. No one can
doubt that sound and wel-detined rules Of inter
national law conduce 10 the progress OF civiliza-
ton and help to insure the peace of the world
In dealing with the subject of arbitration have
thought 1t right to sound . note Of caution, but
it would. indeed. be reproach to our nineteen
centuries of Christian civilization II there were
now better method for settling International
differences than the cruel and debasing methods
of war. May not hope that the people OF
these States and the people OF the mother land
kindred peoples-may. in this matter set an ex-
ample of lasting influence to the world? They are
blood relations. They are indeed separate and in
dependent peoples but neither regards the other
as a foreign nation
We boast Of our advance and often look back
with plying contempt the ways and manners
of generations gone by. Are We ourselves without
reproach? Has our civilization borne the true
marks? Must il not be said, as has been said of
religion itself. that countless crimes have been
I'm its name? Probably il inevitable