Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-09
MIXED CLAIMS SYSTEM
CREDITED TO CROMWELL
Carnegie Endowment Article Traces
Growth of Movement for Peace to
CObden-Bright Thesis.

cases not involving England that have
come under the Jurisdiction of the Per
manent Court of Arbitration. England
has participated as a neutral on four
sole arbitrator.
1.-The history OF the diplomatic rela-
lions of Great Britain and the United
States include many instances Of the
settlement of controversies by the proc
ess of arbitration. j. B. Moore has
listed 20 cases which occurred between
I 1894 and 1900. Some Of them have in
volved highly complex situations that
, might have produced serious conse-
uuences.
Mixed Commission Set up.
1.-THE Treaty of Client, signed in 1914.
which restored peace between the
United States and England, provided
| for the arbitration of three issues. They
related to the ownership of certain is
lands in PaSsamaquoddy Bay and the
Bay of Fundy, the boundary of the St.
Lawrence and the determination OF the
boundary along the middle of the Great
Lakes to the Lake of the Woods. The
work of the commission which had TO
do with the first question, was unsatis-
factory, and 1t was not until 1908 that
the issues with which 1t dealt were
finally settled The other two arbitral
/
boundaries disputes over which they
had jurisdiction remained unfixed until
the Webster Ashburton Treaty, in 1912.
I'm 1853 It was arranged between
England and the United States that all
outstanding claims should be settled by
mixed commission.
U. S. Leases in Sealing Dispute.
"The fur-seal arbitration between the
United States and England took place
in 1892. The case involved the as
serted right of the United States to es-
tabllsh rules in regard to the killing of
! fur seals beyond the 3-mile limit of the
coasts of Alaska and in the Behring
Sea. There were two representatives
of each party to the dispute on the
arbitral tribunal and three neutrals.
The award denied American jurisdic-
ton beyond the territorial waters under
existing rules of international law and
prescribed that the protection Of fur
seals be by joint action in the future.
zone of the greatest BENEFITS which
Anglo American diplomacy has derived
from arbitration was the termination
of the dispute regarding the North At
lantic fisheries, which had .vexed public
officials for over century. From 1888,
when the treaty of peace was signed at
the end of the Revolutionary War, until
1910 the fishing rights of Americans of
the coast of Canada were o perpetual
source OF friction. They had been
treated unSuccessfully In treaties formed
in 1918, 1854 and 1871.
Fewer Cases With France.
signed on January 81, 1909, the matter
was referred to the Permanent Court Of
Arbitration at The Hague. There were
seven questions which were submitted
to the tribunal. While the decisions Of
the tribunal on these questions were
not categorical, three of the seven were
more advantageous to England than the
United States
while British arbitrations with
France have not been SO numerous nor
so important as those with the United
States, there have been q few note
worthy cases. One was the Portendic
case, the award Of which was given in
1043. It had to do with certain meas
ures taken by the French government
in 1884 and 1885 during the course of
: a war with the Trar3a Moors, which
] gave rise to numerous claims on the
( part of British merchants engaged in
| the gum trade on the coast of Por-
tend1c. There have been two cases In
volving France and Great Britain that
have come before the Permanent Court
OF Arbitration at The Hague.
Policy Adopted for Latin America.
Great Britain has had severaIe arbi-
trationS with Portugal which, like those
considerably less significance than
those which have occurred with the
United States
Great Britain has submitted a large
number of disputes with Latin Amer
lean States to arbitration. There have
been cases of carrying Importance with
Argentina, Chile, Nicaragua, Brazil.
Haiti, Mexico. Peru, Venezuela and
Two Of the cases between England
and Venezuela had to do with UNI
usually controversial issues and involved
the United States as an interested third
party. The first was the dispute rela-
tive to the boundary Of British Guiana,
which had been q perpiexing subject Of
fairs in 1887 was such that diplomatic
relations between the two countries
were suspended. Finally, President
Cleveland in 1895 interviewed with the
object of inducing Great Britain to ar
bitrate, Justifying his action on the
basis of the Monroe doctrine. AS a re-
suit OF his action an arbitral tribunal
was selected, which In 1897 gave its
award.
dispute With Brazil Settled. -
1.-THE case between Great Britain and
Brazil, decided in 1863, dealt in part
with the British contention that the
local authorities of Brazil had been
culpably negligent in prosecuting GER
tain persons who had plundered Brit
iSh property wrecked of the coast Of
Rio Grande do Sui. 1t also had to do
with the English charge that three Of
her naval officers had been attacked by
the Brazilian guard at Tijuca Hill. The
arbitrator, the King Of the Belgians,
rendered decision favorable to Brazil.
Great Britain has arbitrated two
cases Of importance with Germany.
The first occurred in 1890 and had to
do with the ownership Of the Island
IN 1905 Great Britain, with Ger
many and France, settled a dispute
with Japan In the Permanent Court
Of Arbitration. The case had Its origin
in the extraterritorial Jurisdiction which
was maintained in Japan prior to 1894.
By treaties with England, France and
Germany formed between 1894 and
1896, the practice was abandoned, but
Japan agreed to lease certain tracts Of
land to foreign citizens with the under
standing that no obligation could be
imposed upon the land which was not
named In the terms Of the leases.
European States Lose.
Accordingly, 1t was contended by
, the European powers that no taxes
could be charged against the properties.
Japan, on the contrary, argued that the
leases referred only to unimproved land
and that taxes could be levied against
, houses. In 1902 a compromise was ar
ranged and in 1905 a decision was rem
dered In favor of the contention of the