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In accordance with the provisions of the special agreement the printed case of each Government was, on October 4 last, submitted to the other and to the Arbitral Tribunal at The Hague, and the counter case of the United States is now in course of preparation.
Some family quarrels occasioned his being indifferently provided for by a small annuity from his elder brother, extorted by an arbitral decree. He has infinite wit and a great turn for antiquarian lore, as the publications of Kirkton, etc., bear witness.
The second Conference made further progress; the third should do yet more. Meanwhile the American Government has more than once tentatively suggested methods for completing the Court of Arbitral Justice, constituted at the second Hague Conference, and for rendering it effective.
The outlook was that American scores against her could only be finally settled by arbitral tribunals after the war was over. Satisfaction by arbitration thus remained the only American hope in face of Great Britain's resolve to keep Germany's larder depleted and her export trade at a standstill, whether neutrals suffered or not.
Months, sometimes years, drag on, then a new Secretary of State or a Foreign Minister, to clean the slate, proposes that the childish business be ended by an international arbitration. More weeks, more often months, are spent in agreeing upon the terms of reference, and finally the dispute goes before an "impartial arbitral tribunal."
The efficacy of any such arrangement evidently depends upon two conditions, first, the confidence of the signatory states that each and all will abide by their undertaking, and, secondly, the uncovenanted condition that they will accept and carry into effect the awards or recommendations of the arbitral and conciliation commissions.
The long-pending boundary dispute between the Argentine Republic and Chile was settled in March last by the award of an arbitral commission, on which the United States minister at Buenos Ayres served as umpire. Progress has been made toward the conclusion of a convention of extradition with the Argentine Republic.
At the beginning of the strike Mitchell, as president of the Union, announced that the miners were eager to submit all their grievances to an impartial arbitral tribunal and to abide by its decisions. The ruthless and prompt refusal of the mine owners to consider this proposal reacted powerfully in the strikers' favor among the public.
Absolutely justifiable, nay, imperative, as most of us believe our action to have been, when tried at the bar of conscience, no arbitral court, acceptable to the two nations, would have decided as our own conscience did.
But a more serious question was met when we came to consider the second article of the treaty, which provided that in each case a special agreement should be made defining clearly the matter in dispute, the scope and powers of the arbitrators, and the periods to be fixed for the formation of the arbitral tribunal.
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