duties it would not be useful and opportune to sound Chapter V the Committee on the subject of a question which in my opinion is the most important of all, namely: the establishment of a permanent international tribunal Senate and House of the Fifty-first Congress in 1890. The latter resolution was accepted as the basis of negotiations with us by the British House of Commons in 1893, and upon our invitation a treaty of arbitration between the United States and Great Britain was signed at Washington and transmitted to the Senate for ratification in January last.

"Since this treaty is clearly the result of our own initiative, since it has been recognized as the leading feature of our foreign policy throughout our entire national history, the adjustment of difficulties by judicial methods rather than force of arms, - and since it presents to the world the glorious example of reason and peace, not passion and war, controlling the relations between two of the greatest nations of the world, an example certain to be followed by others, I respectfully urge the early action of the Senate thereon, not merely as a matter of policy, but as a duty to mankind. The importance and moral influence of the ratification of such a treaty can hardly be overestimated in the cause of advancing civilization. It may well engage the best thought of the statesmen and people of every country, and I cannot but consider it fortunate that it was reserved to the United States to have the leadership in so grand a work.”

The Senate of the United States declined to concur in the ratification of the treaty of Arbitration with Great Britain, but for reasons which do not affect a general treaty directed toward a similar end.

The traditions of American diplomacy have been fully maintained by Secretary John Hay, who in his instructions to the American Commission to the Peace Conference, uses this language: "The prevention of armed conflicts by pacific means 'to use the words of Count Mouravieff's circular of December 30— is a proposition well worthy of a great international convocation, and its realization, in an age of general enlightenment, should not be impossible. The duty of Sovereign States to promote international justice by all wise and effective means is secondary only to the fundamental necessity of preserving their own existence. Next in importance to their independence is the great fact of their interdependence. Nothing can secure for human government and for the authority of law which it repre

Chapter V
Address of

Lord Paunce-
fote.

Historical

note on the attitude of the United

States on the subject of Arbitration.

of arbitration, such as you have mentioned in your
address. Many proposed codes of arbitration and
rules of procedure have been made, but up to the
present time the procedure has been regulated by
the arbitrators, or by general or special treaties.
Now it seems to me that new codes and regulations
of arbitration, whatever may be their merit, do not
greatly advance the grand cause for which we are
gathered here. If it is desired to take a step in
advance, I am of the opinion that it is absolutely
necessary to organize a permanent international tri-
bunal which can be called together immediately at
the request of contending Nations.
This principle

once established, I believe we shall not have any

sents so deep a respect and so firm loyalty as the spectacle of Sovereign and independent States, whose duty it is to prescribe the rules of justice and impose penalties upon the lawless, bowing with reverence before the august supremacy of those principles of right which give

to law its eternal foundation."

The publication by this Government of the exhaustive "History and Digest of the International Arbitrations to which the United States has been a party," six volumes, by Professor John Bassett Moore, former Assistant Secretary of State, is a significant event in the history of arbitration. This work shows beyond controversy the applicability of judicial methods to a large variety of international disagreements, which have been successfully adjudicated by individual arbitrators, or temporary boards of arbitration chosen by the litigants for each case. It also furnishes a valuable body of precedents for the guidance of future tribunals of a similar nature. But perhaps its highest significance is the demonstration of the superiority of a permanent tribunal over merely special and temporary boards of arbitration, with respect to economy of time and money as well as uniformity of method and procedure. The Delagoa Bay award was made subsequently to the publication of this "History and Digest," otherwise one more striking example, illustrating the same idea, might have been added.

difficulty in agreeing upon details. The necessity of Chapter V such a tribunal and the advantages which it confers, as well as the encouragement and in fact the prestige which it will give to the cause of arbitration, have been demonstrated with as much eloquence as force and clearness by our distinguished colleague, M. Descamps, in his interesting essay on arbitration, of which an extract will be found among the Acts and Documents so graciously furnished to the Conference by the Netherlands Government. I have no more to say upon this subject, but I would be very grateful to you, Mr. President, if before proceeding any further you would consent to elicit the ideas and sentiments of the Committee upon the proposition which I have the honor of submitting to you, touching the establishment of a permanent international tribunal of arbitration."

While this speech called forth no immediate reply, it nevertheless struck the keynote, as it were, of the subsequent discussions. It was immediately followed by the production of the Russian proposal for a permanent court, and it prevented a waste of time in desultory discussions of preliminaries. It was the right word, said at the right time, and marked a turningpoint in the history of the Conference.

There can be no doubt that the establishment of a permanent court of arbitration satisfies one of the most profound aspirations of civilized peoples. In view of the progress hitherto attained in the mutual relations of States this great institution can and ought to be a mighty power making for the cause of

Chapter V

The British proposal.

right and justice throughout the world. The organ ization of such a court was soon found to present no insurmountable obstacles upon the one condition, however, that it must be founded upon the principle that the community of nations is one of coördination and not of subordination, and that this new organ of international justice must always retain, as M. Descamps expressed it, the character of "a free tribunal in the midst of independent States."

In the elaboration of the plans for the Court by the Comité d'Examen the project submitted by Lord Pauncefote on behalf of Great Britain was, by common consent, accepted as the basis of the discussion. Besides this the delegations from Russia and from the United States presented plans of which the more valuable features were incorporated in the final report of the Committee. The distinctive features of the British proposal were as follows:

1. The appointment by each Signatory Power of an equal number of arbitrators, to be placed upon a general list entitled Members of the Court; 2. The free choice from this list of arbitrators, called to form a tribunal for the particular cases submitted to arbitration by the various Powers; 3. The establishment at The Hague of an international Bureau acting as chancellery of the Court; 4. The establishment of a council of administration and control, composed of the diplomatic representatives of the Powers accredited to The Hague; the Minister of Foreign Affairs of the Netherlands being added as President upon the suggestion of Ambassador White.

proposal.

The Russian project had for its fundamental ideas Chapter V the following: 1. The designation, by the present The Russian Conference, for a period which should last until the meeting of another similar Conference, of five Powers, to the end that each of these in case of an agreement for arbitration, should nominate one judge either from among its own citizens or from without; 2. The establishment at The Hague of a permanent Bureau with the duty of communicating to the five Powers appointed the request for the appointment of arbitrators by the contending parties.

plan.

The American plan differed from the others chiefly The American in the following features: 1. The appointment by the highest court of each State of one member of the international tribunal; 2. The organization of the tribunal as soon as nine Powers should adhere to the Convention; 3. The appointment of a particular bench, to sit for each case submitted, according to the agreement between the contending States. This agreement might call for the sitting of all the members of the tribunal, or for a smaller given number, not less, however, than three. Whenever the Court consisted of not more than three judges none of the latter should be a native, subject, or citizen of either of the litigating States. 4. The right of the litigating States, in particular cases and within certain limits. of time, to have a second hearing of the question involved before the same judges.

The preliminary discussion upon the subject of the permanent Court of Arbitration in the Comité d'Ex