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"Furthermore, since there are certain differences between the Pope and the lord Gian Bentivoglio, the confederates aforesaid agree that they shall be put to the arbitration of Cardinal Orsino, of His Excellency the Duke of Romagna, and of the lord Pandolfo Petrucci, without appeal.
Root was of the opinion that the Senate was right in insisting on what it considered to be its duty in amending the treaties, but I do know that he negotiated arbitration treaties with Austria, China, Costa Rica, Denmark, France, Great Britain, Haiti, Italy, Japan, Mexico, The Netherlands, Norway, Paraguay, Peru, Portugal, Salvador, Spain, Sweden, and Switzerland, every one of which treaties contained the stipulation that the special agreements referred to in article two were to be made by the President of the United States, by and with the advice and consent of the Senate.
The Americans have retained all the ordinary characteristics of judicial authority, and have carefully restricted its action to the ordinary circle of its functions. The first characteristic of judicial power in all nations is the duty of arbitration. But rights must be contested in order to warrant the interference of a tribunal; and an action must be brought to obtain the decision of a judge.
Greater popular interest, if one may judge from relative achievement, was aroused by the proposal to substitute legal for military battles. The United States had always been disposed to submit to arbitration questions which seemed deadlocked. The making of general arrangements for the arbitration of cases that might arise in the future was now advocated.
I added to the Arbitration Commission, on my own authority, a sixth member, in the person of Bishop Spalding, a Catholic bishop, of Peoria, Ill., one of the very best men to be found in the entire country. The man whom the operators had expected me to appoint as the sociologist was Carroll Wright who really was an eminent sociologist.
The idea of arbitration between nations, the solution of difficulties by arguments rather than by swords, the power which democracies hold in their hands for guiding the future destinies of the world all these in their various forms remain with us as legacies of that splendid, though ineffective, idealism which lay at the root of the Holy Alliance.
Ten years later the Erdman Act established a permanent board of conciliation to deal with similar cases when asked to do so by one of the parties, and in case of failure to propose arbitration; it provided, also, for a board of arbitration.
Till these are removed it is useless to expect permanent peace in spite of Leagues or Tribunals or Arbitration Courts. Further, it should be noted that Thucydides takes the utmost care to point out the excellent reasons the most enlightened statesmen had for arriving at contradictory conclusions; the event proved them all wrong without exception.
I am unwilling to dismiss this subject without assuring you of my support of any measures the wisdom of Congress may devise for the promotion of peace on this continent and throughout the world, and I trust that the time is nigh when, with the universal assent of civilized peoples, all international differences shall be determined without resort to arms by the benignant processes of arbitration.
The most prominent of the impostors his accomplices referred it to Rutilianus's arbitration which of them should be selected to succeed to the prophetic office and wear the hierophantic oracular garland. Among these was numbered the grey-haired physician Paetus, dishonouring equally his grey hairs and his profession.
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