New-York tribune., 1901-10-17
MISCONCEPTIONS OF ARBITRATION

The near approach Of the date set for the
assembling of the Pan-American Congress at
the City of Mexico attracts attention to some
current misconceptions concerning one of the
chief subjects to come before that body TO wit
international arbitration. Thus THE London
Times" recently published dispatch from It's
Paris correspondent, based upon an interview
with one of the Chilian delegates TO the con-
gress, in which some strangely erroneous views
of the proposed and probable action of the
congress were set forth. The gist OF the mat
ter as reported by that correspondent, was that
unless compulsory retroactive arbitration was
formally excluded from consideration by the
congress Chill would withdraw from that body
at It's opening session, and thus the congress
would be compromised, if not entirely wrecked.
Now, the fact is that-So far as the world has
been informed and so far as it has been possible
10 ascertain by careful scrutiny and investlga-
ton-nobody has proposed any such thing as
compulsory retroactive arbitration. Certainly
there is not n hint of it in the provisional pro-
gramme of topics put forth in the call for the
congress. There was such proposal specf-
cally made in the programme of the former con-
gress, and, as we have already recalled, Chilli
objected to it-When the time came-and re-
Trained from all part in the discussions and
votes upon it. There were many outside OF
Chilli who thought that proposal injudciouS,
and who were therefore neither surprised nor
grieved when 1t became n dead letter. But on
this occasion there is no such proposal. The
programme mentions "arbtration' only. leav-
ing the congress itself to determine the scope
of it's application. That there will be an effort
to have all arbitration made compulsory is
doubtful. That any nation will seek to have it
made also retroactive, in the sense which the
Chilian delegate quoted appears to have had in
mind, is not to be believed.
To consider the case in the most specific man.
ner, Chilli objects to any action which would
call into question the legitimacy of her con-
quests of many years ago-of Tacna and Africa
and the legitimacy of the treaty which she con-
cluded Mt the end of that war In that it may
be conceded she is right Whatever may be
thought of her conduct at that tlme-and the
United States expressed its opinion pretty
plainly-that conduct has long been an accom-
plished fact, practically accepted by the world
The Treaty of Ancon is valid 1t is not to be
challenged any more than is the Treaty of
Guadalupe Hdalgo. Upon that score Chill need
have no fear Consequent upon and subsidiary
TO that treaty, however, there are certain other
matters which are not yet accomplished facts
but pending and unsettled issues. Arbitration
of these would not be retroactive arbitration
And indeed Chilli has practically recognized the
fitness of arbitrating them by herself submit
ting some of them to arbitration. SO far as we
can discern, the most that is proposed by any
one is that the work of arbitration concerning
the plebiscitary protocol for the fullment of the
Treaty of Ancon-not the reopening of or chal-
lenging, but the fulilment of it-which Chill
herself began. shall be carried to completion
Such action would not question the Legitimacy
of Chili's conquests. 1t would rather confirm it
according to the terms of Chili's own treaty.
The talk about Chilis withdrawal from and
wrecking of the congress seems equally ill