Evening star., 1927-08-07

when the Jay treaty with Great Britain led
the way for revival of arbitration, has sub
mtted successfully some 80 disputes to arb
tration with about 25 countries. But these
have been specific questions. referred to arb
traton through special treaties. Attempts to
broaden the principle of arbitration in the
United States, that 1t might apply to all
questions of whatever nature, have run up
against the opposition of the United States
Senate. Attempts were made in 1897 to make
treaties with Great Britain and France for the
arbitration Of legal disputes, and they were
defeated by the Senate. Roosevelt, with the
example before him of treaty between England
and France. tried to make treaties providing
compulsory arbitration of disputes between the
United States and all powers signatory to The
Hague convention, but he met stumbling
block in the Senate, which aroused his wrath.
Taft revived Roosevelts idea and tried to
embody it in another set of general arbitration
treaties but the first treaty to reach the Senate
was so amended that he gave up in disgust
and refused to press them further. Then Wilson
followed some success attending the Bryan
cancellation treaties, but meeting his downfall
over the League of Nations. Then Harding and
Coolidge, with the World Court and it's resulting
amendment by the Senate give further evidence
of the Senates solicitous guardianship of the
part that the Constitution has given it to play
in the conduct of foreign relations.
X X X
When John Jay went to England in 1894
to negotiate treaties concerning disputes be-
tween this country and Great Britain relations
were strained almost to the breaking point
over three main questions-the boundary line
between Maine and New Brunswick; seizure OF
American ships by Great Britain in the war
with France and the failure of American
citizens to pay debts to British merchants. He
negotiated a treaty which provided for the
settlement of the three disputes by three
arbitral commissions Later, in 1871, when
dispute arose between the United States and
Great Britain ships built and outf1tted
in England for the Confederate States, the
United States enunciated policy in the state
ment There is fair, equitable form OF
arbitration to which the United States will not
be willing to submit" and after some demurrng
the part of Great Britain the famous ala
bama claims dispute was successfully arbi
trated Many other disputes have been arb.
trated, but in nearly every case they have been
specific questions covered in special treaties
They have been confined largely to minor
disputes, although they have embraced ques-
tions of sovereignty over territory; freedom of
the seas, or the right Of neutrals to carry on
commerce.; maritime jurisdiction and financial
claims. Disputes involving national honor
prestige have not been regarded as suitable
for arbitration. Disputes with Latin American
countries in many cases have not been arbi.
trated. There have been approximately 80
NdoNS VI AitSi NcHIioI ny Hulldiy lOlCSS III
Latin America in the last 80 years.
Fifty-four years after the Jay treaty with
Great Britain clause for arbitration was
inserted in the treaty Of Guadalupe Hidalgo,
between the United States and Mexico. The
clause called upon each country to consider
whether it would not be better" to settle
disputes by arbitration The treaty did not
limit the disputes to be arbtrated, but left each
nation to decide whether the question at issue
was suitable for arbitration. The United States
has since arbtrated a number Of disputes with
Mexico, but none has been based on this article.
X X X X
Between 1850 and 1870 several resolutions
were reported in Congress favoring in general
terms the stipulation in all treaties, whenever
practicable, a proviso that MISUNDERSTANDING
and controversies should be settled by arbitra.
tion. Nothing came Of the resolutions. In 1883
the Swiss government proposed a general
arbitration treaty with the United States con-
tanning the general proposal that "all diff.
culties whatever may be the cause"
should be fit subjects for arbitration. The
United States gave the Swiss proposal little
attention and Switzerland concluded such
treaties with a number of other countries.
Continued on Sixteenth Page1