The record-union., 1898-09-07
INTERNATIONAL ARBITRATION
AGAIN.

affirmed it's faith in a scheme Of inter-
national arbitration, something after
the order of that suggested over year
ago, and to which so many fearful peo-
pie pinned their faith. The late war
seems not to have weakened the desire
of the Bar Association for a perpetual
or general court of international arbi-
tration.
The "Record-Union," when the mat
ter was first broached, pronounced the
scheme chimerical, and the reasons for
its belief have been shaken by no sub
sequent arguments or developments
We had supposed the matter dead, but
the Bar Association has zealously clung
to the idea, and has resolved to renew
the agitation.
The objections to 1t are, to our think
ing, ample and incontrovertible. Arbi-
tration is not to be denounced out Of
But every case should stand upon it's
own bottom, and be arbitrated upon the
facts and under the circumstances pc
culiar to it. 1t is a very different thing
to enter into international agreement
that all issues shall be sent to a gen.
eral court Of arbitration, in which court
we should always be in the minority,
since there are fewer republics than
there are monarchies, of one kind or
another. Such a general court would
result, therefore, in our practical en-
slavement to the Powers Of Europe.
If we had an issue with an uncivilized
people, how could it be arbitrated?
How, for instance, could we arbitrate
the question of acquisition Of the Phil
ippines, where the issue involves the
destiny of the savage and barbarous
tribes of those islands? Arbitration
between weak and strong powers of
civilization would not be difficult, nor
would it surrender any sovereignty on
the part Of either. But where highly
civilized States cannot settle their dis
putes, arbitration must be effected, if
at all, by agreement as to the board of
arbiters for the particular matters at
issue. If that fails, then war, which is
at its best barbarous, is the only re-
sort.
To enter into advance agreement to
submit all unforeseen questions between
ourselves and England, for instance,
would enslave US commercially to her
She would always have a majority of
the court sympathetically with her on
matters concerning her commercial
system.
Take the case Of the late issue, in
deed, we may say, the pending issue,
between Spain and the United States;
that could not have been safely left to
a general court of arbitration, since it
involved a new cause for complaint, one
unknown to international law, practic
ally, and one not possible to be acceded
to by any European member of such
court-the justice of interference in the
cause Of humanity, with disavowal of
intention to acquire the land in which
the inhumanity was practiced.
There was nothing for it but force
in that case. A new code had to be
written, new procedure established, and
upon Spain's refusal to accede to our
views in the matter, the only court Of
arbitration possible was that in which
bullets and bayonets were the arbitra-
tors. Assertive force alone could set
tie such a dispute, no civil tribunal
could possibly pass upon 1t, for no COM
promise would be possible, and arbitra-
ton always implies concession by both
sides.
If We should deal cruelty, unjustly
and barbarously with our Indian tribes.
wards of the Government, the tribes
could not appeal to a court of arbitra-
ton in which they would have no arbi-
ter. The only way out Of such a situa-
ton is either submission, correction by
our act on appeal to our sense Of justice
or war against US, with the remaining
right Of another power to interfere in
behalf Of the Indians, as we did in be-
half Of the Cubans.