Pax mundi. Arnoldson Klas Pontus
bowed to the award and fulfilled her duty.
In the same way the powerful insular kingdom voluntarily submitted to settlement in the weary contention regarding the possession of Delagoa Bay and the surrounding region on the east coast of Africa. The dispute was entrusted for settlement, in 1874, to the President of the French Republic, MacMahon, and he decided in July, 1875, in favour of Portugal. That the new contention between these two States, which for some time now has excited an inflammable spirit, not only in Portugal, but in other countries as well, will be arranged in the same friendly manner, there is but little doubt.
The claim of Portugal is much older than that of England. Its special ground is the discovery of the coast which was made by Portuguese mariners three hundred years ago. The Portuguese urge, that since the coast is theirs, they have a right to go as far inland as they choose and place the country thus entered under their dominion. They say further, that they have made a treaty with a native ruler over a kingdom which stretches far inland, and that ruined fortresses are still to be found which show that they once had this distant region in possession. To this assertion Lord Salisbury answers, that where ruined fortresses are found they only testify to fallen dominion. The English Government could not recognise Portugal's construction of the contested question; according to that construction the question would virtually turn upon the possession of Shireland and Mashonaland (the inland country north and south of the Zambesi). It denied Portugal's claim to this territory as so entirely groundless that it could not enter into such a question; but has on the other hand made a peremptory claim, arising from Portugal's violence towards the natives who are under England's protection, for dishonour to the English flag, and for other international offences, etc.
The right of possession of the regions in question can no longer be regarded as doubtful, since Portugal had set aside the general international axiom, that the claim for possession according to colonial usage can only be held valid when colonization is actually carried out to the furtherance of civilization and public safety. Portugal's assertion that the signatories of the Congo Act would be the right adjudicators of the question was denied, upon the ground that Portugal had delayed to make her claim valid when Nyassaland was declared to belong to the sphere of England's interests. On July 1st, 1889, the Under-secretary, Sir James Fergusson, in the Lower House, explained that the Portuguese Government had been informed that they would be held answerable for all loss which Englishmen might suffer by the annulling of the Delagoa railway convention. The same day Lord Salisbury informed the Upper House that the English Government would send three war-ships to Delagoa Bay, to be ready in case of need. Portugal's conduct was, in his opinion, unjustifiable.
Then came the noble lord's ultimatum, with the demand that Portugal should recall all Portuguese officers and troops from the territory which stands under the sovereignty of England or lies within the sphere of England's interests, and give an answer within twenty-four hours; otherwise England would be compelled to break off her relations with Portugal. This threatening manner of procedure, by which a weaker nation was humbled by superior power, roused bad blood in Portugal and was sharply censured in many parts of Europe; yes, even in England, and in Parliament, in the press, and at many great public meetings. At one of these meetings, composed of 700 workmen delegates from various parts of England and 130 Members of Parliament, in quality of vice-presidents, it was unanimously resolved to protest against Lord Salisbury's conduct as at variance with the dignity of the British nation; and to request that the dispute should be settled by arbitration – so much the rather, as the more certain one is of being in the right, the more confidently can one's cause be placed in the hands of an impartial tribunal. Later on the English Government, together with the North American virtually resolved on this expedient for solving, the difficulties relating to Delagoa Bay. Portugal made difficulties and delays, but at length declared herself willing to enter into a proposal for arbitration.10 All three States were now united in asking the Government of Switzerland to choose three of her most distinguished jurist officials as arbitration judges.
At the time when the first Anglo-Portuguese contest was settled by the President of the French Republic there occurred a second example of both importance and interest. For many years there had been a menacing boundary dispute between Italy and Switzerland, just a little seed of quarrel, such as formerly always broke out into bloody strife, since according to the traditions of national honour not an inch of a patch of ground must be given up except at the sword's point. But the two kingdoms decided to commend the case to an arbitrator, viz., the United States minister in Rome, P. Marsh, who, after a careful study of the claims of the contending parties, declared judgment in favour of Italy, and so the contention was adjusted.
Two dangerous disputes, which in 1874-75 and 1880 threatened an outbreak of war between China and Japan, but were happily solved by arbitration, might be named, but for fear of being prolix I dare not go more particularly into them, instructive as they are.
The first arose as a result of a murder of some Japanese on the island of Formosa, and was settled by the English minister in Pekin, who was chosen by both parties as arbitrator, who decided that China should give Japan in redress a large sum of money, which was done.11
The second of these disputes concerned the sovereignty of the Liu Kiu Islands, and was adjusted by a compromise brought about by ex-president Grant, who in a conversation with the Chinese Minister uttered these memorable words: "An arbitration between two nations will never satisfy both nations alike; but it always satisfies the conscience of humanity."12
Not to be tedious, I pass over here many other remarkable instances in which war and lesser misfortunes have been averted by arbitration; and will now name further only some of the latest date.
In 1887 a lengthened dispute about boundaries between Chili and the Argentine Republic was adjusted by arbitration, through the mediation of the United States Ministers in the two countries. After a complete and precise fixing of the boundary line, an agreement was added: That the Straits of Magellan shall for ever be neutralized; free passage shall be secured to ships of all nations, and the erection of forts or other military works on either of its shores shall be forbidden.
Fresh in the memory is the passionate quarrel between Spain and Germany about the Caroline Islands. That was submitted, on Prince Bismarck's proposal, to Pope Leo XIII. for settlement, and was adjusted by him.
Most people now living remember the Afghanistan boundary question, which was happily solved by the friendliness on both sides of the Russian and English Governments. The whole world followed for a while that dispute with anxiety and disquietude. The press unhappily, as usual, employed its influence in stirring up the national passions in both countries. But before it had gone too far, fortunately the feelings were quieted by the public being reminded that both England and Russia had taken part in the resolution of the Paris Congress, which declared that when any serious dispute arose between any of the contracting powers, it should be referred to the mediation of a friendly power. Upon this ground the English Government proposed to the Russian that the "dispute should be referred to the ruler of a friendly State, to be adjusted in a manner consistent with the dignity of both lands." This proposal was accepted, but did not come into practice. It was not needed. The Afghanistan boundary commission itself carried out its duties to a successful issue.
Still later many smaller international disputes have been solved by arbitration; for instance: —
Between Italy and Colombia in South America, respecting Italian subjects who had suffered loss through the last revolution in Colombia, in which Spain as arbitrator decided in favour of Italy.
Between Brazil and Argentina respecting their boundaries, a dispute in which both parties appealed for a settlement to the President of the United States of America, and which was adjusted by him.
Between the United States of North America and Denmark, in which the latter was, by the chosen arbitrator, the English Ambassador at Athens, Sir Edward Monson, after long delay freed from the obligation to pay compensation to the Americans, because the Danish authorities had fired at an American ship which in 1854 was escaping out of the harbour of St. Thomas, and which was suspected of carrying supplies to Venezuela, at that time in insurrection.
In conclusion
The Japanese Government demanded redress, which was at first refused by China. This led to a stormy correspondence, which at last became so bitter that both sides prepared for war. The Japanese troops had already taken possession of Formosa. During this dangerous juncture, the British minister in Pekin, Sir Thomas Wade, offered to mediate as an arbiter. The offer was accepted, and led to an agreement between the Chinese Government and the Japanese ambassador in Pekin, by which China was to pay Japan 50,000 taels, and the Japanese troops were to evacuate Formosa. When Lord Derby, who was at that time Foreign Secretary of Great Britain, received a telegram from Sir Thomas Wade respecting this happy result, he answered him: "It is a great pleasure to me to present to you the expression of the high esteem with which her Majesty's Government regards you for the service you have rendered in thus peaceably adjusting a dispute which otherwise might have had unhappy consequences, especially to the two countries concerned, but also for the interests of Great Britain and other parties to treaties." Sir Harry Parkes, the English minister in Japan, wrote to Lord Derby, that the Mikado, the Emperor of that land, had invited him to an interview for the purpose of expressing his satisfaction at the result, and through him to present his warm thanks for his brave and efficient service. The Japanese minister in London also called upon Lord Derby and expressed the thanks of his Government to Mr. Wade. "He could assure me," said Lord Derby, when he repeated the words of his excellency, "that the service which has thus been rendered will remain in grateful remembrance among his countrymen."
This dispute had assumed quite a serious and menacing character when the ex-president Grant, on his journey round the world, came to China. When his arrival became known, the Chinese prince, Kung, submitted to him that he should use his great influence in mediating between the two countries. A specially interesting conversation followed: "We have," said Prince Kung, "studied international law as it is set forth by English and American authors, whose works are translated into Chinese. If any value is to be set upon principles of international right, as set forth by the authors of your nation, the doing away with the independence of the Liu Kiu Islands is an injustice." Grant reminded him that he was there only as a private individual, but added, "It would be a true joy to me if my advice or efforts could be the means of preserving peace, especially between two nations for whom I cherish such interest as for China and Japan." Immediately afterwards he returned to Tokio, the capital of Japan, called upon the Emperor and his Minister, and advocated a peaceable settlement of the dispute. He wrote to Prince Kung the result of his mediation, and produced a scheme for a Court of Arbitration.