ARBITRATION AS A SUBSTITUTE FOR WAR.

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.

Charles Sumner: his complete works, volume 20 (of 20) · 第 53 / 242 题