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Updated: April 30, 2025
I shall not express here my opinion as to the reasons which I believe impelled the President to insert in the Covenant these extraordinary provisions which deprived arbitral courts of that independence of the executive authority which has been in modern times considered essential to the impartial administration of justice.
For an eloquent and incisive discussion of this whole subject, based, of course, on the facts of his own time, see the chapter in J. S. Mill, "Principles of Political Economy," entitled "Of the differences of wages in different employments." J. N. Stockett, "Arbitral Determination of Railway Wages," pages 165-6.
In both documents it was stipulated: that an assembly should be organized with representatives of the different countries; that all the governments of America, or of that part of America which had belonged to Spain, should be invited to enter into that union, league, or perpetual confederation; that the assembly of plenipotentiaries should be entrusted with the work of laying the foundation for, and of establishing, the closer relations which should exist among all of those states; and that this assembly should "serve them as a council in great conflicts, as a point of contact in the common dangers, as faithful interpreter of their public treaties when difficulties occur, and as an arbitral judge and conciliator in their disputes and differences."
Just how this can be remedied I am not prepared to say, although possibly the international support of all arbitral tribunals might be provided. At any rate, I feel that something should be done to relieve the great expense which now prevents many of the smaller nations from resorting to arbitration.
These quarrels regarding the claims of rival unions reveal the weakness of the Federation as an arbitral body. There is no centralized authority to impose a standard or principle which could lead to the settlement of such disputes.
The arbitral tribunal appointed under the treaty of February 2, 1897, between Great Britain and Venezuela, to determine the boundary line between the latter and the colony of British Guiana, is to convene at Paris during the present month.
The probability is that, if I had seen it, the letter would not have been written, for in the revision of the original draft the objectionable Article V, relating to arbitration and appeals from arbitral awards, was omitted.
The arbitral tribunal appointed under the treaty of February 2, 1897, between Great Britain and Venezuela, to determine the boundary line between the latter and the colony of British Guiana, is to convene at Paris during the present month.
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