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Yet it must be borne in mind that most of the really dangerous disputes, involving likelihood of war, are not arbitrable in their nature, and will come before the Commission of Conciliation. If no provision is made for enforcing the acceptance of the recommendations of this body, what measure of real security for peace has been attained?
'If they have nothing to arbitrate, said Mr. Irvine, 'they have nothing to strike about. The proposition would seem to involve a sound principle of business ethics. An honest disagreement is always arbitrable.
The plan of submission to a joint high commission, composed of three citizens or subjects of one party and the same number of another, is a concession to the fear of being too tightly bound to an adverse decision made manifest in the objections of the Senate committee, because it may well be supposed that two out of three citizens or subjects of one party would not decide that an issue was arbitrable under the treaty against the contention of their own country unless it were reasonably clear that the issue was justiciable under the first clause of the treaty.
These treaties go a step beyond any similar instruments which have received the sanction of the United States, or the two foreign Powers specified. They enlarge the field of arbitrable subjects embraced in the treaties ratified by the three governments in 1908.
A proposal by Germany to submit the question of disavowal to arbitration was rejected, for the second time, on the ground that the "vital interests and national honor" of the United States were involved and were therefore not arbitrable.
And whereas, most louing and dearest brother, one William Turnebull a subiect of ours is lately deceased in your kingdome, one with whom our merchants haue had much controuersie for great summes of money due vnto them by him while he was their Agent in their affayres of merchandises: which differences by arbitrable order were reduced to the summe of 3000 rubbles, and so much should haue beene payed by him as may appeare by your Maiesties councell or magistrates of iustice by very credible information and testimony: and whereas also the sayd Turnbull was further indebted by billes of his own hand to diuers of our subiects, amounting in the whole, to the summe of 1326 pounds, which billes are exemplified vnder our great seale of England, and to be sent ouer with this bearer: of which summes he hath often promised payment: it may please your most excellent Maiestie in your approoued loue to iustice, to giue order to your fauourable councell and magistrates, that those seuerall debts may be satisfied to our merchants and subiects out of the goods, merchandise, and debts which are due to the state of the sayd Turnbull: whereof your Maiesties councell shalbe informed by the Agent of our merchants.
And now we discover that nations may possibly refer to arbitration points of small importance in their quarrels, but that the greater things which are supposed to touch national honour and the preservation of national life are tacitly, if not formally, exempted from the category of arbitrable disputes. Diplomacy, Arbitration, Palaces of Peace seem equally useless.
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