New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-02
AMERICAN ARBITRATION PLANS.

A veor ago the world was watching with IN
+croet tho performances of the United States as
vor.mokinc Power. It's own testimony as
sures lis that il found the occupation INSTRUCTIVE
7, learned from us something of the art of war.
To-day it has an opportunity to observe the 40
,nos of the limited States as n Power making for
noaca among the nations 1t is to be hoped the
onnortunitv will not 90 unimproved. Indeed IT
surolv will not. For already much interest is
centred mon the attitude and proposals OF the
United States at The Hague. The appearance
Of this Nation there. in the persons OF It's repre-
sentatives, Is itself an exceptional incident Inc
United States has not often hitherto taken part
in congresses with the European POWERS i's
doing so is almost as unusual as Its waging war
against one Of those Powers, as 1t did last year.
But certainly it's activities in peace should not
ho more circumscribed than In war. An inter-
national war wager last year; an INTERNATIONAL
peacemaker this year. That is the order
That this country would take n leading part
IN the consideration of arbitration was to be eX-
pected seeing that it has been so closely idehu-
fed with the practice and encouragement OF ar
btration for many years But because expected
II is none the less gratifying to see the Amerl'
can plan for arbitration received with so much
favor and nut into the first place. Beyond doubt
II is worthy of such treatment. Whether IL VIII
nrevail or not we do not undertake TO prophesy.
But assurcdly 1t deserves success, and mas prom
Use of II, more than any other such plan Derore
the Congress- 1t is the simplest and most prac'
,ical of them ALL 1t contains nothing to which
,boro seems ground for any nation 10 take eX-
conton. which cannot he said of any other. The
british plan is a good one in many respects But
q oncns n door for much contention In the pro-
vision for the selection Of special arbitrator for
spccIal cases. The Russian plan and the Italian
amendment to it have their good points. But
they aim to make arbitration compulsory, ana
that is something to whics. some Powers would
never agree
The salient points Of the American scheme are
these: First, that the members OF the interna-
tjopal tribunal shall be selected by the highest
courts Of the various nations. That would as
sure the judicial character Of the tribunal. Sec
end. that the tribunal shall be permanent ana
always ready for the presentation OF causes
subject TO its own rules of procedure. That
would guard against delay, which in some cases
| might be fatal to peace. Third, ana perhaps
| most important ii is to have jurisdiction over
any and all matters which may be submitted TO
Il bv the mutual consent Of the parties to them,
under their undertaking TO accept the award.
That is. rs we have often urged, the corner
rtone Of the whole structure of arbitration. The
| liticonts must submit their cases voluntarily.
| There must be no compulsion That does not
| lessen the strength Of arbitration. 1t increases
| il. II you say that nations shall, whether they
wish it or not. submit disputes 10 the tribunal
/ YOU incite at once spirit Of animosity against
| II and YOU give every nation the best OF grounds
for demurring at the verdict and for trying TO re-
pudlate IT, And OF course you compel the
maintenance of great armament for forcing
| unwilling nations into court. But II you leave
It optional with them you incline the nations
toward the system. and you put every ltigant
under the strongest moral compulsion to acqui-
csce In the judgment Of the court. In proposing
that arbitration shall in all cases be voluntary
the United States is simply proposing that each
ma ton shall remain an independent sovereignty
Nothing else would be fer q moment endurable
In the fourth place. each case is TO be tried by
the regular, permanent bench OF judges. by
either all OF them or n part as the contestants
may elect. That is far better than the drafting
in OF special judges for each cnse who would be
sure to be chosen not for their impartaty, but
because Of their supposed partaity for one side
or the other. And. finally, there may be a re-
hearing OF any case on the demand Of either lit
igant. within three months after the notification
Of the verdict, on the presentation OF new evi
dence or the raising OF new points OF law That
is simply an application Of the principle OF ap-
peal which prevails In our judicial system.
Such. IN outline, Is the American plan Of inter