RESOLUTIONS IN THE SENATE, MAY 31, 1872, CONCERNING ARBITRATION AS A
SUBSTITUTE FOR WAR IN DETERMINING DIFFERENCES BETWEEN NATIONS.
Whereas by International Law and existing custom War is recognized as a
form of Trial for the determination of differences between nations; and
Whereas for generations good men have protested against the irrational
character of this arbitrament, where force instead of justice prevails,
and have anxiously sought for a substitute in the nature of a judicial
tribunal, all of which was expressed by Franklin in his exclamation,
“When will mankind be convinced that all wars are follies, very
expensive and very mischievous, and agree to settle their differences
by Arbitration?”[44] and
Whereas war once prevailed in the determination of differences between
individuals, between cities, between counties, and between provinces,
being recognized in all these cases as the arbiter of justice, but
at last yielded to a judicial tribunal, and now, in the progress of
civilization, the time has come for the extension of this humane
principle to nations, so that their differences may be taken from the
arbitrament of war, and, in conformity with these examples, submitted
to a judicial tribunal; and
Whereas Arbitration has been formally recognized as a substitute
for war in the determination of differences between nations, being
especially recommended by the Congress of Paris, where were assembled
the representatives of England, France, Russia, Prussia, Austria,
Sardinia, and Turkey, and afterward adopted by the United States in
formal treaty with Great Britain for the determination of differences
arising from depredations of British cruisers, and also from opposing
claims with regard to the San Juan boundary; and
Whereas it becomes important to consider and settle the true character
of this beneficent tribunal, thus commended and adopted, so that its
authority and completeness as a substitute for war may not be impaired,
but strengthened and upheld, to the end that civilization may be
advanced and war be limited in its sphere: Therefore,
1. _Resolved_, That in the determination of international differences
Arbitration should become a substitute for war in reality as in
name, and therefore coëxtensive with war in jurisdiction, so that
any question or grievance which might be the occasion of war or of
misunderstanding between nations should be considered by this tribunal.
2. _Resolved_, That any withdrawal from a treaty recognizing
Arbitration, or any refusal to abide the judgment of the accepted
tribunal, or any interposition of technicalities to limit the
proceedings, is to this extent a disparagement of the tribunal as a
substitute for war, and therefore hostile to civilization.
3. _Resolved_, That the United States, having at heart the cause
of peace everywhere, and hoping to help its permanent establishment
between nations, hereby recommend the adoption of Arbitration as a
just and practical method for the determination of international
differences, to be maintained sincerely and in good faith, so that war
may cease to be regarded as a proper form of trial between nations.