The Washington herald., 1909-03-07
ALFONSO AS AN ARBITRATOR
Nations Often Refer Their Differences to Rulers of
Other Powers Rather Than to The Hague.

socA 10 dct as dEDlIrGtOr IN Great Brit
aims dispute with Portugal on the sub
ject Of various territories and islands IN
Delagoa Bay. Although chiefly re-
nowned for his personal honesty, and
for political intergity which caused him
10 resign the chief magistracy rather
than be party 10 an act OF the minis
try, and OF the legislature which he did
not approve, he nevertheless rendered, in
Difference to the views Of his advisers. an
award so manifestly unfair in favor of
Portugal, and so obviously prompted by
the Gallo prejudice which then was very
pronounced against Great Britain, that
It remains 10 this day as one Of the most
striking examples of bias and undue in
fiuence in the history OF international
arbitration
This award has always rankled in the
bosom OF the English in consequence of
the unfairness OF the verdict. and rem
dered the British government very eau
tious at first about definitely committing
itself 10 the principle Of arbitration con
taIned in the programme Of the peace
! conference OF The Hague.
Indeed, it serves as an illustration OF my
argument against the selection OF chiefs
OF state as arbitrators; that. although
the interests involved in the Delagoa Bay
! controversy were immeasurably inferior
Al 4A4iti AuAANE ~ AAtG aAaNd44ld dN al u 1tA
the latter. while it constituted a severe
blow to John Bulls pocket ana 10 john
Bulls pride. was accepted in silence and
without grumbling. just because IL had
been given, not by any one arbitrator.
but by an International tribunal assem-
bled for the purpose at Geneva.
Old Emperor William, a me soldier and
chivalrous gentleman. but who under
stood nothing whatsoever about interna-
tional law, was called upon some forty
years ago or so 10 determine the so-caIled
San Juan boundary question between the
United States and Great Britain which
he did, In 1872, in manner quite the re-
verse OF satisfactory 10 England. The
| late Emperor OF Russia, who knew little
about South America and cared less. &C
cepted an invitation TO arbitrate in the
dispute between France and Holland on
/ the subject Of the boundaries OF their re-
| spective colonial possessions I'm Guiana.
and failed 10 satisfy either Of the parties
TO the controversy.
King Victor Emmanuel has acted rs
umpire In a boundary dispute between
| Great Britain and Brazil. and King Ed
ward has officiated as umpire in a con-
/ fiiCt Of the same character between Chile
and Peru. although neither he nor his
/ brother monarch Of Italy has ever visited
| the southern portion Of this hemisphere.
and are both very much in the dark about
| the geographical and political conditions
! OF that restless moiety of the New World.
!
/ The late King Of the Belgians was in
vlted to settle a difficulty between the
/ United States and Chile. in connection
with the seizure or specie on board the
/ United States frigate Macedonian by the
Chilean feet, and the mother Of the pres
ent King of Spain. while Regent. oficlat-
ed as arbitrator in boundary disputes be-
tween Colombia and Venezuela, and be
tween Peru and Ecuador.
In conclusion. it may be well to call
attention to the species Of reluctance
manifested not merely by monarchical
countries. but by republics in all parts
I Of the world, 10 refer their differences to
/ the international tribunal at The Hague,
and 10 their preference to invoke instead
the services Of individual arbitrators. in
/ spite of the fact that the latter are less
likely to render an impartial verdict In
deed. were it not for the United States.
which has recently referred certain pend
ing issues with Great Britain 10 the
tribunal Of The Hague. the latter would
be entitled 10 complain that il had little
or no work on its hands.
This disinclination to invoke the good
Offices OF the tribunal OF The Hague must
be ascribed 10 a sort Of feeling that its
existence affects in a measure the SOW
ereign rights OF nations. Each indepen-
dent state insists upon the right Of regu-
lating its policy In accordance with the
views and interests of its people. ire
spective OF any foreign tribunal either
at The Hague or in any other capital;
and, despite the fact that all the powers
are imbued with a desire for the mainte-
nance Of peace and have therefore given
their nominal approval Of the organiza-
ton Of the tribunal OF The Hague. vet
each one Of them, with the possible ex-
ception Of the United States. is influ-
enced by the sentiments expressed by
| Frederick the Great, when, in I7JS, the
] Margrave OF Anspach, his brother-in-law,
acting in behalf OF a number Of Euro
pean monarchs, approached him with
view to the creation Of an international
court OF arbitration
Frederick the Great in a letter bearing
the date OF July 2S. that year. declined 20
be a consenting party 10 the proposal,
winding up with the following paragraph:
Il must not omit 10 observe that I could
never submit 10 a court Of arbitration as
proposed by you, which attacks directly
the sovereign rights Of every ruler"
i Copyright. 1873. by the Brentwood Company