Page:The Green Bag (1889–1914), Volume 15.pdf/121

77/6' Green Bag. United States ships or Canadian ships are Students of history will remember her in genuity in this evil practice. It is noteworthy seized by British or American cruisers. In that at The Hague Conference the class of stances of the same sort will occur to every one, such as violation of neutrality in time of subject upon which the delegates most hope war; unlawful arrest; injury to residents in a fully recommended arbitration was precisely foreign country; refusal to give succor in this of the interpretation of treaties. It will port to vessels putting in under quarantine; be a substantial advance if that recommenda infringement of fishery rights. Though tion is acted upon. Let me now refer to the last class of dis many of these cases are unimportant . some are important in the highest degree, such as putes that have been dealt with between na tions by arbitral methods. Nothing in past the case of the Alabama; such also as the dis time has been more fruitful of war than dis pute between Great Britain and France, re lating to what is called the French Shore in putes as to territorial dominion. There is Newfoundland. The latter is a very old dis nothing upon which a nation is more stiff pute, resting upon ancient treaties, and in and exacting than the extent of its sovereign part upon modern usage. It has caused fric rights. If in this, the most delicate, the most tion between France and this country quite difficult of all points, nations arc willing to disproportionate to the value of any French accept of a judicial solution, we may cherish interests at stake, and it is a very serious em I the highest hopes. Now, happily there have been several cases in which this solution has barrassment for the Colony of Newfound land, yet there is nothing in this question been accepted by great States, and I am glad which might not be, with perfect propriety, to think that our own country has given the referred to International arbitration. I hope finest examples. Great Britain arbitrated this method of solution may yet be applied, with Portugal in regard to Delagoa. Great and I do not believe our Government has Britain also arbitrated with Venezuela in re ever been indisposed to take that step. In all gard to the true frontier of British Guiana. disputes of this character I am very sanguine These two cases represent the high-water that the principle of arbitration will be mark of International arbitration. The Delagoa case was of great importance. It adopted. related to a territory of much value to this I come now to the interpretation of treat ies. Much friction and not a few wars might country. It involved of course the question have been averted if States had been content of sovereign rights. Unfortunately, it was to submit to arbitration differences arising as decided in favor of Portugal. I have not ex amined the evidence, and I do not presume to to the meaning of treaties they had them selves made. Strange as it may seem, the express any final opinion, still I have heard that our case was not adequately prepared. wise men who compile these great interna tional instruments have often been afflicted It was undoubtedly a great disappointment to by the same incapacity to express themselves us. Notwithstanding that discouragement, clearly on paper, that, when displayed by some years afterwards the British Govern humbler persons, has occasioned so much ment consented to arbitrate with Venezuela. litigation in our own law Courts. Indeed, it There also a question of sovereign rights was involved over a great territory, some is worse; for often statesmen of all nationali parts of which promise to be most valuable. ties find it convenient to use ambiguous lan No greater homage was ever paid to public guage in order to mask a difficulty which law than by the submission of this controver they are not able or willing to compose. sy to the judgment of an International Court. Spain used regularly to practise this artifice.