The San Francisco call., 1904-03-06
CAN ARBITRATION BE ENFoRcED7

| 1t provides substitute for war, by projecting the
judicial process into issues 20 which nations are
party. Time that in issues between individuals the
only hnaity trial of strength. For this the trial
by ordeal substituted. Finally the judicial method
appeared by process of evolution and the body of the
law grew up. The law fixed the rights of person and
property and the applied its principles to all
that affected either But in issues between nations
the primitive method remained they settled by
trial OF strength and arbitrated by war
The first step forward from this method of such mag
nitude the attention of the world the
Alabama arbitration between the United States and Great
Britain The Confederate cruiser had been built armed
and fitted out in English port. It's building and per-
mission to arm, coal and sail violation of Eng
lands neutrality The several by the
of the British Government They led to the injury of
American citizens whose property at sea as
consequence of those
1t is principle of international law that when in
furious act is done permitted by government that
government becomes responsible and must respond with
indemnify to the individual AT the close of Civil
War called Great Britain indemnify citizens
for losses incurred i'll the seizures made the high
by the Alabama England denied liability. Therefore we
could have declared war; which would have been for
the collection of debts due individuals But instead
resorted diplomacy and of it issued the Geneva
arbitration
The arbraor found Great Britain responsible for the
acts injurious to citizens, and demanded that $I5
100000 damages be paid to them by that Government
Great Britain had agreed by treaty abide by the
suits of arbitration Had she refused do after the
award was made, it would have been a cause of war
which again would have been the collection OF private
debts by But she honorably mindful of her
obligation and faith, and promptly paid the award which
distributed injured citizens upon proof of
their losses Next arbitrated the fishery claims with
Great Britain which private debts, and when the
award against paid it.
Another issue arose the claim that Berinp Sea
causum under the jurisdiction of the
nicipal law United States. Russia the
claim for her half of Bering Sea. Both Governments
seized and lbeed the sealing ships of their own and
other nationals Great Britain demanded of us indemnity
for the ships and cargoe of her subjects that
confscated in Berng Sea- We refused. claiming that
causum the law of the did not extend to those
Here another of war. in which Great
Britain would have made war collect private debts
But both nations resored arbitration. The issue
tried Paris arbitration and decided against
us
1t shown that the seizures of British ships were
the act of the United States injurious to British sub
jects We abided by the result and agreed upon judi
cal arbitration of the indemnity. and when the award
made paid it. We then arbtrated with Russia
the seizures of American ships when she partner
in the causum. This arbitration in the Hague
court and Russia promptly paid the damages awarded
In that transaction all claims have been arbitrated and
paid the sufferers except what the United States
citizens for their ships and property conhs-
Gated in Bering Sea- OF justice and honor
quire that these should be paid also
Now here series of issues, each involving casus
belli that might have led in collection of debts
had the losing nation refused keep faith and abide by
the results of arbitration.
In individual litigation before judicial courts, every
judgment becomes fnalty, because the has the
power enforce its decree At that point the analogy
between judicial and international arbitratons
ceases international courts can render judgment but
cannot enforce execution newspaper, discussing the
award the Hague giving preference in payment
of the Venezuela claims the blockading powers.
that the blockading powers punished and
says: "Thc Hague court. like the of mankind has
outgrown respect for force 1t would be
barrassng the United States, the friend
promoter of arbitration and protester against
bardment III international finance herself find
ful to do some bonbar ding"
That is more than superficial vew it is foolish If
nation party TO arbitration refuse to abide by it, what
good arbitration unless there be power enforce
enforcement of its judgments, completing the analogy
between judicial and arbitra Our nationals have
been despolcd by the American governments The
spolation has been arbtraed and the spoilers have
fused pay the judgments. Unless there is power to
enforce such Judgments arbitration vain thing The
United States should not finch moment in bombarding
the ports of any nation that sneaks of paying
judgment, if citizens concerned Otherwise
bitraton will fall into disuse and the Hague Palace of
Peace will be Palace of 13olly
Revolution still smolders in the Philippines and the