Pax mundi. Arnoldson Klas Pontus
be to God in the highest, and on earth peace, goodwill to men."
When this message came to us, the roar of cannon was but newly hushed, and the man of "blood and iron" had victoriously set his foot upon one of Europe's great powers; the same Austria which since then has, by the Triple Alliance, united its warlike strength with Germany.
But that message has not been an unheeded sound to all; especially to those whose warning voices the people never listen to before the misfortune falls, but who are always justified after it has struck. Yes! perchance in the near future it may again appeal to their reason, and find a hearing only when Europe has fallen into untold miseries after another war.
While menacing forebodings of this long expected war were spreading in the summer of 1887 through various parts of our continent, a little company of courageous men, strong in faith, like the pious pilgrims of the Mayflower, gathered together for the voyage across the sea to the New World, there to lay the foundation of a lasting work for peace.
Their first object was to present to the President of the United States and to Congress an address aiming at the establishment of a Court of Arbitration, qualified to deal with disputes which might arise between Great Britain and the United States of North America. In that address, signed by 270 Members of the British Parliament, allusion was made to the resolutions on peace which from time to time had been brought into Congress; and those who undersigned it declared themselves ready to bring all their influence to bear in inducing the Government of Great Britain to accept the proposition which should come from the Congress. Amongst those who signed it were, besides many distinguished Members of the House of Commons, several peers, including some of the bishops.
The address was presented to President Cleveland on October 31st, by a deputation of twelve Members of Parliament, whose spokesman, Mr. Andrew Carnegie, in his introductory speech, said: "Few events in the world's history would rank with the making of such a treaty. Perhaps only two in our own country's history could fitly be compared with it. Washington's administration established the republic; Lincoln's administration abolished human slavery. We fondly hope, sir, that it may be reserved for yours to conclude a treaty not only with the government of the other great English-speaking nation, but with other lands as well, which shall henceforth and for ever secure to those nations the blessings of mutual peace and goodwill. The conclusion of such a treaty will have done much to remove from humanity its greatest stain – the killing of man by man. And we venture to hope, that if the two great nations here represented set such an example, other nations may be induced to follow it, and war be thus ultimately banished from the face of the earth."
In the President's favourable answer he mentioned that no nation in its moral and material development could show more victories in the domain of peace than the American; and it appeared to him that the land which had produced such proofs of the blessings of peace, and therefore need not fear being accused of weakness, must be in a specially favourable position to listen to a proposal like the present; wherefore he received it with pleasure and satisfaction.
A week later, Nov. 8th, the son-in-law of Queen Victoria, the Marquis of Lorne, presided over a great meeting in London, at which many eminent men were present. The chairman emphatically remarked in his speech, that the settlement of international disputes by a Court of Arbitration has the advantage that, through the delay which is necessary, the first excitement has time to cool. The meeting declared itself unanimously in favour of the proposed memorial. Thereupon followed many similar expressions of opinion in England, whilst simultaneously in twenty of the largest cities of North America mass meetings were held, which with unanimous enthusiasm gave adhesion to the cause, and petitions of the same character flowed in to the President and Congress from the various parts of the great republic.
Encouraged by these preparatory movements amongst the two great English-speaking peoples, M. Frédéric Passy, with other Members of the Legislative Assembly of France, placed himself at the head of a movement to petition the French Government, requesting that it should conclude an Arbitration Treaty with the United States.
Such a memorial, bearing the signatures of 112 deputies and 16 senators, was received with much interest by the President.
On April 21st, 1888, Passy and forty-four other deputies moved a resolution in the Chamber to the same effect; and the idea has been carried forward in many ways since then, especially by a petition to the President of the United States from three International Congresses held in Paris, June 23rd-30th, 1889.
ARBITRATION
Should these efforts lead in the near future to the intended result, International Law would thereby have made an important progress.
It can no longer be denied that International Law does actually exist; but we undervalue its significance because we are impatient. We do not notice the advances it has made because they have been small; but they have been numerous; and slowly, step by step, international jurisprudence has progressed. This affects not only the awakening sense of justice and acknowledged principles, but also their application, which from the days of Hugo Grotius, 250 years ago, down to Martens, Bluntschli, Calvo, and other most distinguished jurists of our day, has been the subject of great scholarly activity, by means of which the various regulations of jurisprudence have little by little been pieced together into a foundation and substance of universally accepted law.
What has been most generally done to gain the object in view has been the Insertion of Arbitral Clauses in treaties which were being concluded or had already been concluded in reference to other questions. In this direction Signor Mancini of Italy has been especially active. As during the time he was Minister of Foreign Affairs he had the concluding of a great number of treaties between Italy and other countries, he made use of the opportunity to insert into almost all – in nineteen instances1– an arbitral clause.
We have examples of treaties with such clauses in the commercial treaty between Italy and England, 1883; Norway, Sweden, and Spain, by a supplement in 1887; also England and Greece, 1886. According to the first two agreements, all disputes about the right understanding of the treaties shall be settled by arbitration, as soon as it becomes apparent that it is vain to hope for a friendly arrangement. In the Greco-English treaty it is further stipulated that all disputes which directly or indirectly may arise in consequence of that treaty always shall, if they cannot be amicably arranged, be referred to a committee of arbitration, which shall be nominated by each party with a like number of members; also that if this committee cannot agree, there shall be appointed a tribunal of arbitration, whose decision both nations bind themselves to accept.
The idea of concluding distinct Treaties of Arbitration, or of giving a widely extended range to arbitral clauses, so that they should affect the whole relation of the contracting parties to one another, is comparatively new.
So far as I know, Mr. William Jay was the first who in modern times advocated this idea, in a work which came out in New York in 1842, and in which he proposed: that in the next treaty between, for example, the United States and France, it should be stated that in case any dispute should arise between the two nations, not only in respect of the interpretation of that treaty, but also in respect of any other subject whatever, the dispute should be settled by means of an arbitration by one or more friendly powers.
A similar proposition was presented to Lord Clarendon in 1853. By sending a deputation to the plenipotentiaries at the Congress at Paris in 1856, the English "Peace Society" succeeded in inducing them to introduce into, one of the protocols a solemn recognition of the principle of Arbitration. In the name of their governments they expressed the wish that the states between which any serious misunderstanding should arise, should, as far as circumstances permitted, submit the question to the arbitration of a friendly power before resorting to arms. This proposition, which was unanimously adopted, was made by Lord Clarendon, the representative of England, and supported by the emissaries of France, Prussia, and Italy, – Walewsky, Manteufel, and Cavour.
But the first movement in favour of independent Treaties of Arbitration came up in a petition in 1847, from the English Peace Society to Parliament.
The next year this subject was discussed in the Peace Congress at Brussels.
A few months later, Cobden brought forward in the House of Commons
Mazzoleni, in his "L'Italia nel movimento per la Pace," gives twenty instances. See pp. 58, 59. trans.