New-York tribune., 1907-10-06
ARBITRATION VOTED.
an OBLIGATORY CLAUSE.
Peace Committee FaUors Principle
German Opposition.

atory arbitration by 80 votes to S. The negative
votes were Germany, Austria Hungary, Greece,
Turkey China and Rumania. Four powers alb
stained from voting-Japan, Luxembourg. Mon
tenegro and Switzerland-and there were four
absentees-Argentina, Guatemala, Nicaragua and
Venezuela Since il is known that Argentina is
favorable to the proposal the yeas are really 81.
Eighteen speeches were made, including a
notable address by Joseph H. Choate of the
American delegation. Mr.. Choate began by say
ing he did not known why the proposals under
discussion were generally called obligatory ar
bitration." while as a matter of fact they repre-
sented universal arbitration. The speaker ex-
pressed his profound respect for the country
represented at the conference by Baron MarschalI
Won Bieberstein and personally for the first Ger
man delegate. but" continued Mr.. Choate.
there are in Baron Marschall Won Bieberstein
two delegates speaking two different languages.
Indeed, while the baron admires obligatory arbi-
tration without reserve in its abstract form, he
does not want it earth, but prefers 1t in
heaven. He even dreams about obligatory arbi-
tration. but Immediately after waking up he
turns toward the wall in order not to see it
Saying he would leave joking aside, Mr..
Choate continued by asking why If a conven-
ton implying treaty of obligatory arbitration
could be concluded among twenty powers it
should not be extended to forty-four powers.
Mr. Choate then opposed the objections OF his
adversaries, demonstrating what an enormous
step it would be the road to peace. hunani-
tarianism and civilization If the second peace
conference should be able to boast not only OF
having for the first time gathered together in
harmonious assembly representatives Of all the
world but of having bound the whole world
with universal treaty OF obligatory arbitra-
ton which might be considered as a basis for
the future definite abandonment Of the
ployment of force in international disputes and
the substitution Of justice therefor. The Amer
lean delegate then enumerated all the arguments
standing IN favor Of the American proposal for
obligatory arbitration He alluded to the asser-
ton. often repeated. that the conclusion OF trea-
ties with America did not mean much. the
American Senate would not always ratify the
agreements entered into by the executive Mr..
Choate said he refused even to discuss these
statements regarding the American Senate; he
had heard them too often. THE fact is Mr..
Choate said. during the last fifty years all the
treaties concluded by the United States have
been Loyalty fulfilled. they always will be-"
Mr. Choate closed his speech by recalling the
opinions expressed at Pan-American congresses.
especially that at Rio de Janeiro. which dis
tinctly expressed the desire that the conference
at The Hague should conclude a worlds treaty
OF arbitration which would be a blessing TO the
human race.
At the end OF his address Mr.. Choate was
warmly applauded. Baron Marschall Won Bieber-
stein taking the lead The baron Immediately
replied IN another speech. trying to demonstrate
that Mr.. Choate was wrong. and accusing him
OF Standardization. He ended by offering Mr..
Choate copy of the official minutes of the sit
tings containing his speeches.
Among the other speakers were Baron Gull
laume CBegium) and L. Renault France), who
pointed out contradictions also in Baron Won
Beberstein's speech.
Sir Edward Fry Great Brittany supported
obligatory arbitration. NJ. Martens C2ussia) sup
ported arbitration. together with the establish
ment of a high court of justice, saying that
these two questions were closely bound to-
gether that both must be solved before the
Hague conference ended.
Keiroku Tsuzuki Japan) favored the principle
of obligatory arbitration. but reserved the vote
of Japan as the proposal under discussion he
thought, imposed some limitation to the Sow
ereignty Of the contracting parties Mercy Won
Kapos-M Mere (Austria) supported his proposal 10
leave the various governments to devise the
means to apply obligatory arbitration.
NJ. Bourgeois made long speech. urging that
the conference should not leave The Hague
without having established obligatory arbitra-
ton.
The leading German delegate. in the course
of his first speech. said that the general feel
ing was that the conference, having dealt
with questions of war. must do somethins for
peace. He favored obligatory arbitration on
grounds similar to the general treaty recently
concluded between Italy and Argentina-in other
words individual treaties between nations in
preference TO a treaty including the world.
which it was proposed should apply to juridical
and not to political matters The speaker con-
tended that it would be impossible to separate
these matters. what might be a juridIcaI
question in one country might be a political
question in another. might become political
in regard to some point of litigation
The baron said that some of the subjects
which under an arbitration treaty Including
all nations it was proposed to submit to arbi
tration were ridiculous questions which could
not possibly involve nations in war. Besides II
international and private law continued TO de-
velOp as they had done in the last quarter of
century. 1t would be necessary TO agree on a
method to apply them in uniform manner
throughout the world and establish an inter-
national high court, not of arbitration. but of
cessation, appeal
In conclusion. the baron said that he opposed
the proposal because it termed obligatory
but was not. and because, instead of regulating
international litigation. it would create new
difficulties.
DR.. Drago (Argentina) made long speech in
support of the proposal. He urged the delegates
not to let themselves be paralyzed by fears and
considerations of what might happen, but rare
ly did. The proposal prepared the way and
saved time for those who would succeed them.
To civilization based on the power of arms
there would succeed. DR.. Drago said a civiliza-
tion founded on arbitration and justice for the
weak we'll q S the strong