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ARBITRATION, INTERNATIONAL 557 Republican Rome dealt with non-Romans as modern European public or learned men associated together, not for humanitarian governments have dealt with inferior native races. When in 445 purposes, but for the elucidation of international legal principles. B.c. the Republic was chosen to arbitrate between the towns of The foremost of these was the Institute of International Law Ardea and Aricia, she settled the question by taking the disputed (L’Institut de droit international), which is composed of men land for herself. The same thing occurred in 180 B.C., when a of different nationalities, distinguished in that department of territorial difference between Neapolis and Kola was referred to learning. Its first conference was held at Ghent on 18th Septhe Roman Senate. Under the Caesars, frequent recourse was tember 1873, when a committee was appointed with special instruchad to civil or private arbitration, the procedure of which was tions to study the question. On this committee the United perfected by the best intellects of the day, but any other kind States were represented by Mr Dudley Field, Belgium by M. de was from the nature of things impossible. The vastness of the Laveleye, Italy by Signor Pierantoni, Germany by Herr Goldterritory of Imperial Rome was such that she had practically schmidt, Great Britain by Sir William Vernon Harcourt (then nothing external to herself. She proudly claimed to be “the Professor of International Law at Cambridge). In the same year arbiter of the universe,” so that the notion of her arbitrating there was founded in London an “ Association for the Reform with an outside power involved a contradiction in terms. and Codification of the Law of Nations,” which put international The Middle Ages may not inaptly be characterized as a period arbitration in the forefront of its programme. Its first meeting of perpetual conflict—between absolutism and democracy, between was held at Geneva in 1874. The name of this body was altered great feudal lord and rebellious vassal, between Guelph and in 1895 to “The International Law Association.” In 1888 a Ghibelline, between Catholic and Protestant. Amid this clash of third association was formed under the style of “ The Permanent arms the Po*pes were not infrequently appealed to, and there are Parliamentary Committee in favour of Arbitration and Peace,” several instances of their having acted either in that character or or, as it is sometimes called for shortness, “The International as mediators. Witness the intervention of Innocent III. between Parliamentary Union.” This union has a permanent office at King John and his barons ; of Boniface Till, between Edward Berne. Its first meeting was held in Paris in June 1889, under I. and Philippe le Bel; of Leo X. between Maximilian and the the presidency of the late M. Jules Simon, and was attended by doge of Yenice. A similar role was filled by the mediaeval 129 members from England and the United States. In July sovereigns, notably by the kings of France. In 1603 a scheme 1890 the union met again in London under the presidency of the for establishing a General Council was projected by Sully, the late Lord Herschell, and a committee was then formed to organize minister of Henry IV., to which the fifteen states, into which similar bodies on the Continent and in America. The meetings Europe was to be parcelled out, were to submit all their differ- of the union continue to take place yearly. ences. Needless to say, the scheme came to nothing. In truth, The disputes which have been determined by interits object was not so much to establish an arbitration tribunal as to disestablish and disendow the House of Austria—a result national arbitration may be arranged in two main groups which was reached after the Thirty Years’ War, when northern —A. Those which have arisen between state and state in Protestant Germany was severed from the Catholic monarchy of the south. A century after the publication of Sully’s “Grand their sovereign capacities; B. Those in which one state Design,” a more disinterested and more elaborate scheme was has made a demand upon another state, ostensibly in its prepared by the Abbe St. Pierre for settling all international sovereign capacity, but really on behalf of some individual disputes by means of a General League of Christendom. Rous- or set of individuals whose interests it was bound to proseau says of it that it failed ‘ ‘ because it was madness in its author to be wise when the majority of people were fools.” tect. To the former group belong territorial disputes, e.g., However this may be, the seed sown by the good abbe, although questions of boundaries on land and of fisheries at sea; to it fell on barren ground, was not destined to perish. It pro- the latter pecuniary claims in respect of acts alleged to duced a crop of other schemes later. Jeremy Bentham, in 1789, have been wrongfully done to one or more subjects of one advocated the formation of a General Diet—or Congress—to state by, or with the authority of, another state. Such which each of the powers should send two deputies, and he suggested making its decisions coercive by putting any refractory acts comprise, amongst other things, (a) breaches of neustate under the ban of Europe. Immanuel Kant, in 1795, proposed trality, by aiding and abetting a belligerent power or by to base all international right on a Federation of Free States, the permitting hostile operations to take place on neutral soil; civil constitution of each of which was to be made republican. (6) unlawful arrests and seizures. The remaining cases Both Bentham and Kant were, indeed, as “voices crying in the wilderness,” for Europe had no “ears to hear” after the war of are of a miscellaneous character, and do not admit of the French Revolution had broken out and had deluged her in separate classification. blood. Yet no sooner had that struggle ended than organized (A.) “Territorial disputes,” says Alexander Hamilton, efforts on behalf of arbitration began to manifest themselves in the eminent American statesman, in the Federalist, “have various ways. The first of such efforts was made in 1816 by the Society of Friends in New York. In 1835 the American Peace at all times been found one of the most fertile aa Juan ' Association presented a petition to the Senate of Massachusetts sources of hostility among nations.” “ Perhaps,” for establishing a “ standing Court of Nations.” Similar petitions he adds, “ the greatest portion of the wars that have were presented subsequently in Maine and Vermont. The subject desolated the earth have sprung from this origin.” This was brought before the United States Senate in December 1837, sentiment, true enough at the close of the 18th century, is and was referred to the Committee of Foreign Affairs, which reported it to be premature. In 1839 the same association presented fortunately no longer correct. The settlement of territorial a fresh petition for a similar purpose. This met with the same fate. disputes by arbitration has of late been the rule rather In 1853 the United States Senate voted in favour of inserting arbi- than the exception. We begin with one which was a serious tration clauses in treaties, “the arbitrators to be eminent jurists, disappointment to Great Britain, having been marred by having little or no connexion with politics.” In 1849 Mr Richard Cobden advocated a similar proposition in the British House of a mistake in the form of the reference, but in which, Commons, and moved for an address to the Crown praying that notwithstanding, she loyally acquiesced. The treaty of the Queen would instruct her Foreign Secretary to see that it Washington of 1846 provided that the north-western was carried out. He maintained that a treaty for general arbitra- frontier of the United States near the parallel of 49° N. tion would be as binding as any other, and that a country which did not fulfil its obligation to refer would enter on war “ with the should run in a westerly direction along that parallel to brand of infamy stamped upon its banners.” The motion for an the middle of the channel which separates the continent address was opposed by Lord Palmerston, then first minister, from Vancouver Island, and thence in a southerly direcwho carried “ the previous question ” by a majority of 176 to 79. tion through the middle of the same channel and of Fuca In 1873 Mr Henry Richard re-introduced the subject in a somewhat different form by urging an invitation to foreign powers to Strait to the Pacific Ocean. The dispute was as to the concur in a general and permanent system. In spite of much precise way in which this southern line was to be drawn. cold water thrown by Mr Gladstone, who had now become It was referred to the German emperor to decide premier, Mr Richard obtained a majority of ten in his favour. whether the line should pass through Rosario Strait The Representative Assembly at Westminster had thus, like the Senate at Washington, undergone a change of sentiment in the or through the Canal de Haro. The emperor appointed a course of a single generation. Motions substantially similar to geographer, a jurist, and a diplomat to study the subject Cobden’s were carried in the Italian Chamber in August 1873, and to report to him. This they did, and on the 21st in the Dutch Chamber in November 1874, in the Belgian October 1872 he made an award by which the channel of Chamber in January 1875. Almost contemporaneously with Mr Richard’s success in Parlia- Haro was divided equally between the contending parties, ment, fresh impulse was given to the movement by bodies of the United States being declared entitled to exclusive