The San Francisco call., 1897-01-22
EDMUE6S ON ARBITRATION.
This Noted Ex- Senator and Constitutional
Authority Answers Objections MADE
to us consummation.

PHILADELPHIA, PA, Jan. N.-Ex-
Senator George F. Edmunds of Vermont,
one of the leading authorities on consti-
tutionaI law in the United States, has
written the following letter to several
gentlemen here who sought his opin-
ION on the ar bitration treaty between this
country and Great Britain. Mr.. Edmunds
said:
The three principal criticisms of the treaty
are: First-That it commits this Government
10 submitting TO arbitration questions that
may arise in connection with the Monroe
doctrine. With sincere respect for the gentle
men who, it is said. have suggested this OBJ
lection l think that it is quite unfounded aud
that those who have advanced it must have
failed to observe the careful language used in
the treaty. The words upon which the criti-
cism is based are found in Article ", as fol-
lows: "All other matters in difference in re-
spect of which either of the high contracting
parties shall have rights against the other in
the treaty or otherwise"
What; then, are rights against the other?
In the theory OF the state and of all It's auton-
omy the rights of one citizen against another
are essentially ana exclusively those that tue
state enJoins upon one as against another.
This is the definition. The same is true of in
ternauonal law and the centuries of inter
course between nations. This l believe all
writer's on natural law and International law
agree in. To illustrate these propositions:
take 1t that the United States has no rights
against Great Britain in regard to her opera
tions in Abyssinia, nor would she have any
rights against US IL were to attempt TO
snare in the partition of Africa. In the case
OF Turkey. if we were TO seize the whole of
Asia Minor and establish peace and order
there las the British have done in substance
in Egypt We should have invaded no right of
any power except that of Turkey.
The same is OF course true in respect to our
relations and conduct with the state of the
western Hemisphere, under the Monroe doc
trine, or under any other article we think it
just TO adopt. This is clearly and distinctly
understood IN regard to the rights of nations
that doubtless led to a separate treaty in re-
gard 10 Venezuela, for both Governments
knew that the affair could not possibly come
within the scope OF the general treaty. You
Will see, therefore, that the phrase OF the
treaty which is criticized is the most apt
possible boundary of arbitration, and leaves
the Monroe doctrine clear.
The second is fear that the treaty may
affect our attitude in regard to the Nicaragua
canal, in which the interests of the United
States are so deeply concerned, What I have
already said disposes of that solicitude. have
not time to go into details about it.
The third and last objectl on have heard is
the supposed danger OF leaving 1t to any Euro
pean power 10 name an umpire in certain
Contingencies. 1t is enough to say that so far
as our considerable experience has gone in
such matters we have never had occasion to
complain OF the action OF any sovereign in
naming an umpire or in deciding q dispute
In a great ar duration treaty of 1867 we agreed
that three members of the Geneva tribunal
should be named by three sovereigns, three of
the m European, and that if any or all of these
sovereigns should fail to name these members
the King of Sweden should name them all !;
and In the same treaty we did not hesitate 10
submit the very important question of our
boundary on the Pacific Coast to the Emperor
of Germany. / am intense in my support of
the Monroe doctrine. l believe the build
Ing of the Nicaragua canal under the auspices
of the United States to be of urgent necessity
believe most earnestly in international arbi-
trarion to the utmost extent that civilized,
just and self-respeeting nations can go, and /
most earnestly hope that the Senate will ratify
the treaty as it is proposed as the first step
very great and auspicious-toward the attain
ment of peace among nations