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The Green Bag

of the questions in controversy by a refer ating the words of his illustrious predecessor, ence to arbitration, to wit, the initial point in his last annual message, has again urged of the boundary line between the United it upon the nations of the world, and the day States and Canada, the indemnification of is I think not distant when it will be ac cepted by them. British loyalist creditors, and the claims of American shippers for violations of neutral As our country has from its earliest his ity. For these purposes three separate tory led the nations of the earth in creating boards of arbitration were created. It was a a more elevated and perfect system of inter novel spectacle presented to the nations in national law, so also it will be seen it has the eighteenth century for two peoples, been the most active in adjusting interna wrought up to the highest pitch of angry tional controversies and preserving peace by controversy, to agree to refer questions means of treaties of arbitration. The first which could not be settled by the ordinary treaty negotiated after the organization of methods of diplomacy, to a court of arbitra the government under the Constitution—the Jay treaty of 1794 with Great Britain—was tion rather than appeal to the arbitrament of an important event in international relations. arms. It marked a distinct advance in the practice The year following, 1/95, the second q-f nations and sought to ameliorate the treaty negotiated by the new government, harshness of war and to establish more that with Spain which sought to adjust very clearly neutral rights. It contained our first important matters, also contained a pro treaty provision for the extradition of crim vision for a court of arbitration. inals. There may be noted in passing the We were not so fortunate in our second great development within the past hundred controversy with Great Britain. The ques years of this feature of comity among na tions at issue were of such grave character tions. The Jay treaty of 1794 provided for that it did not seem possible at that day to extradition in only two classes of crimes; the settle them by any other method than a treaty of 1842 with Great Britain contained resort to war. The right of search of neu seven classes; and that of 1889 enlarged the tral vessels and impressment of their seamen number to twenty-five. was one in which Great Britain, in her des The Jay treaty was negotiated to avert a perate efforts to resist the aggressions of war with Great Britain which was imminent. Napoleon, was utterly unwilling to submit This country was then in a state of intense to arbitration. The principle that a block ade must be actual and that free ships make excitement. John Quincy Adams, writing free goods was such as time and the advance years after, of the crisis occasioned by the of nations in liberal commerce must settle, treaty, says it was "the severest trial which . . . the fortunes of our country have and which no court of arbitration of the ever passed through." No other event in i period could resolve. Nothing was left for our history "has convulsed to its inmost ¡ the young nation but to stand by its claims fibers the political associations of the North and trust to the future for its vindication. American people with such excruciating The War of 1812 settled none of the issues agonies as the consummation and fulfillment of that conflict, but in the course of time of this great national composition of the all the governments of the globe came to conflicting rights, interests, and pretensions accept the principles for which the United of this country and Great Britain." States struggled against the most powerful The convention contained provisions for of the nations. the adjustment of three of the most irritating By the treaty of peace of 1814 with Great