FREE BOOKS

Author's List




PREV.   NEXT  
|<   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269  
270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   >>   >|  
of controversies for adjudication. This court has already justified its creation and existence by the settlement of contentions which in other days led to disastrous wars, and even in this enlightened age might have precipitated serious ruptures. The United States Government, as represented by the National Administration, is ready to utilize this method of settling international disputes to a greater extent than ever before. That is, we are willing to refer to this tribunal, or a similar one, questions which heretofore have been left entirely to diplomatic negotiation. The treaties go further by providing for the creation of a Joint High Commission, to which shall be referred, for impartial and conscientious investigation, any controversy between this Government, on one hand, and Great Britain or France, on the other hand, before such a controversy has been submitted to an arbitral body from which there is no appeal. And, assuming that governments, like individuals, do not always display, while a dispute is in progress, that calmness of judgment and equipoise which are so consistent with righteous deportment, provision is made for the passion to subside and the blood to cool, by deferring the reference of such controversy to the Joint High Commission for one year. This affords an opportunity for diplomatic adjustment without an appeal to the commission. 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. Ultimately, I hope, we shall come to submit our quarrels to an international arbitral court that will have power finally to decide upon the limits of its own jurisdiction, and in which the form of procedure by the complaining country shall be fixed, and the obligations of the country complained of, to answer in a form prescribed, shall be recognized and definite, and the judgment shall be either acquiesced in, or enforced. These treaties are a substantial step, but a step only, in that direction, and the f
PREV.   NEXT  
|<   245   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269  
270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   >>   >|  



Top keywords:
controversy
 

country

 

diplomatic

 

treaties

 

Commission

 

decide

 

treaty

 

judgment

 

appeal

 
commission

subjects

 

citizens

 

arbitral

 

creation

 

Government

 

international

 

supposed

 
existence
 
arbitrable
 
justified

contention

 

committee

 

manifest

 

contentions

 

settlement

 

number

 

composed

 

submission

 
concession
 

adverse


decision
 
objections
 

tightly

 
Senate
 
answer
 
prescribed
 

recognized

 

definite

 
complained
 
obligations

procedure
 

complaining

 

acquiesced

 
direction
 
controversies
 

enforced

 

substantial

 

adjudication

 

jurisdiction

 

clause