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tho party fooling Itself monacod shall confiden
tially communicate the fact fn writing- to the
other contracting party, wneroupon uiu miw
shall also be released from its obligation to
maintain its military and naval status quo."
Tho sonato in advising and consenting to tho
ratification of tho treaties eliminated this
article, thus removing this difference botwcon
them, reducing any variation in tho various
troatics to ono of method rather Jthan of obli
gation. In talcing this notion tho senate was well ad
vised as tho provisions of the article were com
plicated, difficult to supervise or control, and
sought to lay a burdon upon the contracting
parties which they would find irlcsomo to observe
and which in addition was really out of place,
as tho relations of a contracting party with a
third state was no concern of the contracting
country.
The final and formal article regarding ratifi
cation provides in oach of the two treaties under
consideration that each is concluded for a period
of five years and remains in effect thereafter
until twelve months after notice given by either
of an intention to terminate It.
Each article of tho earliest American and of
tho European or later model has been passed in
roviow in order to show how alike they are in
all their essential parts, and a careful examina
tion and comparison of all tho treaties will dis
closo tho fact that they differ from ono another
and from these two In what may be considered
minor details, due to a desire for different pro
visions in some instancos, to a preference for a
more precise formulation of their terms and to
a greater precision of expression.
Tho oonBe in which tho various treaties rati
fied and proclaimed was understood by Mr.
Bryan and the senate can bo seen from Secre
tary Bryan's letter of August 1, 1914, addressed .
to the Honorablo William J. Stone, then chair
man of the Committee on Foreign Relations of
tho United States' senate, and in an editorial
comment written by the undersigned on the
treaties in the American Journal of Interna
tional Law for July, 1914) which Mr. Bryan
1 sent to oach member of tho .senate at the time
of and for tho purpose of their ratification. The
differences in each case arranged under appro--priato
headings are admirably stated, and class
ified in an editorial comment in the American
( Journal of International Law Tor October, 1916,
, written by George A. Finch, secretary of the
i Board of Editors of the Journal.
t
i GOOD OFFICES AND MEDIATION
The treaties for the advancement of peace
t leave diplomacy to achieve its hundred silent
, victories to ono announced defeat. Good offices
( and mediation may be offered and accepted
I'-rionuiy composition may ne invoked and arbi-
tratjion employed without interposition of the
commission of inquiry. If diplomacy fails and
, no outer means aro resorted to, or if the dis
pute involvos honor or vital interests, falling
J beyond the scope of any agreement, Mr. Bryan's
V nocmnnonf Anmwilacilnn n .v. -. -. .1 n ii
,,..,..,, uuumwomu, uuiiiijubuu oi turee m-
aiuerent persons and a member from each dis
putant, Btands ready to accept jurisdiction at
the. behest of the nartles. or' nf nnn nt timm
to offertheir services in order to investigate the
r case, and to report its findings to the govern
I ments in controversy.
Imitation, they say, is the sincerest flattery,
and it is a very striking tribute to the excel
lence of Mr. Bryant treaties that tho great and
..progressive states of Argentina, Brazil, and
v..w , uuk wuijr iiuuuuiuu treaties lor the
advancement of peace with the United States
but liave also negotiated a treat v nf tim c.m
j. kind bvweon and among themselves.
This treaty, signed in tho city of Buenos Aires
on the 25th day of May, 1915, shows that in
Uheir opinion an agreement of this kind need
, not bo confined to two countries, and it is there
fore the first stop, appropriately taken in the
ine,yr world, towards tho creation of an inter
national commission of inquiry to which many
nations, if not all,1 may be parties. What two
Lean, dp,. three have done: and what thran onn
uo, ail, may. it is no doubt easier for a small
number of nations to nnnoi,i . . f"itt,
l-W&.""JE!L l " P-manent
Jng nations limited ttwlt to mbar !"
commission ot tliren momWo m?.orLan? th?
t6 function in case of noed 7 tne conveniently
located city of Montevideo, in the Kepublic of
Uruguay.
For a treaty to which many nations would be
parties, it would only be necosoary to agree
upon a number of members possessing the con
fidence of tho contracting countries, and to al
low oach of tho nations in dispute to add ono
of its citizens or. subjects to the permanent
membership thus composed, 'which may be con
sidered the nucleus of the commission.
FOUR ARTICLES QUOTED
Because of the interests and importance of.
this treaty, four of its articles are quoted." ThO
first, dealing with jurisdiction is thus worded:.-
"Controversies which may arise among the
three contracting parties, or. between two of
them, on any subject whatever originating in
the future and which cannot be adjusted by
diplomacy, or submitted to arbitration in con
formity with existing or. .future treaties, shall
bo submitted for investigation and report to a
permanent commission organized in the manner
established "by Article 3. The high contracting
parties engage not to commit hostile acts before
tho report of the commission established by the
present treaty, or until the expiration of the
period of one year mentioned in Article 5."
Tho third article provides that the commis
sion shall bo organized as follows:
"In order to constitute the permanent com
mission referred to in Article 1, each of the
high contracting parties shall appoint a delegate
with'n three months after the exchange of rati
fication of the present treaty. Each government
may revoke the appointment of its own delegate
at any time bqfore the beginning of the inves
tigation, but shall, however, designate the suc
cessor in the same act of revocation. Vacancy
due to other causes shall be filled by the re
spect! vo government, and the provisions of the, .
present treaty shall not be suspended thereby."
To the commission thus formed, the fOurth
article requires that:
"The controversies mentioned in Article 1
shall be submitted for investigation and report
to the commission immediately after the break-,
down of tho diplomatic negotiations 'for their
solution. Each of the governments interested
in. the controversy can convoke the commission.
In order that the convocation may produce its
effect, it is sufficient to communicate it to tmr
two other governments.' .
The fifth article deal with the procedure,
which it regulates in the following manner:
"The permanent commission shall be consti
tuted in the city of Montevideo within three
months of its convocation, and it shall deter
mine the rules of procedure necessary for the
accomplishment of its mission. If for any reason
the commission cannot meet, it shall, at the
?i!?u fV5e 'J?66 manth be considered
tw ? i ,?ed JT the PurPoses of the period
established in the. present article. The high con-
theCVnnfnrPnrHeS hU submit tho Antecedents and
the information necessary for the investigation.
The commission must present its report before
"tuuonat ?uof a yr fron? the datG of 1SE
stitutlon. If it cannot complete its investigation
nor prepare its report within the period fixed
it may extend the period for six months or
paX's.111 CnSent the high SStSIn"
As in the case of the treaties for the advan
ment of peace, to which only two contrlctin
nations are parties, the report isldvisorv leav&
ing it to tho nations to take such nntinn L JaY"
wisdom, discretion, or sp'ocTa? fiSSLff
national court of justice 11 t J ? an .mter
commission of InritoJ&t
vantages of his method of conJtitn t,2 ? "i6 ad;
or commission, Mr. Bryan say tha VJ0lA
assure fairness to members t shouM Vj ?0?eJ J
every investigation, one of whom toSSff in
chosen by each side: and that t? ?0tald bo
should possess equal authortvliMtiteiUporary
nent members durimr thJ WfJlL ? tll Perma
they were selected tt STtoaffn'0?
were to be formed by the civUized It?1 COUrt
fessing and practicing interna HnSSi i ti0M pro"
the court were to cons st of n VaW' and if
3ndges,-not less than ntae V,? nUmbor of
thirteen, each UuStfnir 0P mQre than
.represented on the ben "Z "in"' f not
tizt are- ;S-x:
trial and
would, under given i.ftniiiii... . .
permanent and indifferent mi reacllMk
nevertheless enjoy the SwuSffi M
of alert and vigilant renreflSi th6
gating nations. The judges io??8 ?f C
hy the knowledrge which the Zl L"
possessed, of the laws a d D8 E?
countries in controversy, wUhont ,0ns
the decision would in any !? ttS
these frankly interested partlS F depend 5
lLiA11. manner
as ready as the commission to
would !
thm and if either nartv nn,,i,i ..?-? '."Wfc- i
before the court as it may before M? 1U c:
.rion, a judgment would be reached ZT
means ascertaining the rights and 1,h H
contending parties. ' d dutles 0l U
A8-4n the case of tho nnmmtL. .
icessary to. onforno tim ,.-. "' ll m
?u$? ar?Itral award dePends upon
necessarv tn nnfAi-nn 41, j.,...
-r. ,.,.:.'.: "w ." ueion as nm.iih
ui ua armtrai award rion0,i., .,'"Ni
faith-of .the parties, and good faith LhW
beon found siiffininnt Tf , ",".,; . aa? Wtherto
rw1 the rsrr:r; : ..:vu vo.um mm
-- .uvMb7 UK C11U juuge is to uecde and dm
to execute, .we could by this simple dJ
secure a judicial decision of every ZtS?
dispute. When and as it arises, upon the ini 2
.?' MJJ? Intore8t' and leav p2!
By this method a special agreement for ead
case would not need to bo negotiated and i
nation- could as plaintiff carry its difference to
the court and set it in motion. If each part?
were left free to accept and to comply with lb
holding, according to its standard of honor ail
conception of its duty in the premises, then
could be no greater objection to a treaty creat
.ing a permanent international court of justice
instead of or in addition to a permanent Inter
national commission of inquiry, and, as far u
the. United States is concerned, there would h
, thirty .precedents for signing, twenty-nine pre
cedents for ratifying, and twenty precedents for
proclaiming such an agreement.
We are so accustomed to associate execnllon
with judgment that we find it hard, If not Im
possible, to separate the two and think of one
without the other. Yet it is a fact that the two
grew up separately, that the judgment antedated
the execution" and that it id only in fully d ,
voloped systems of jurisprudence that the two
are combined. They are concomitants in ssiii
between private suitors, they are not Inseparable
.companions in litigation to which nations aro
parties. ' It is therefore well to let experience
decide -whether excution is necessary, and to
"suggest the terms of an agreement on this sub
ject; if one should prove to be advisable and
practicable. -
, Th!e. absence of-the sheriff does not preient
the "negotiation 'of. treaties of arbitration, the
. absence of the marshal should not delay tho
negotiation of" a treaty for judicial settlement.
The experience had with the one suggests
' iea'sibiUty of the other, and a permanent nucleus
' V.. J -n- T... 4.1. Ha in H!1R9 HD01
ui juugea, unubun oy uie uuhu"i " - -
their justiciable disputes, would assure a judg
ment by disinterested parties, in accord"
with a treaty creating the obligation for a 1
u u-i,. .:. ":m ..-nn tn Biilimt their.
controversies to the' same body and number
3- . . . j . , . , s.. nnrh PdUalliy '
maiiierent juages, presei mus o. --.- .
of representation upon the bench during
trial and disposition 01 tne case.
This equality would not be affected by OJ
fact that a member -of the court happenea"
belong to one of the litigating nations, m
much as 'the other litigant could exercis
right of appointment for the case and naw
views presented by a judge of its .JJ3
who would, it is to be presumed, be equj"?
informtid and vigilant as the judge of tne 01
nugant. . ,anMob,l
' By this method we would thus ha ve , om
'ligation for all, and an equality of repre
tiou for each at the very moment wmd
,i.ka j ., ,1 v.0 nf nr me imporia"1 ,
UOW1UU UUU OUpiiUHOU W "- --
ESTABLISH "MORB PERFECT TBIBl
. Possessed' of the experience ww 5
cessariiy result from such anAinftT,iq eiperi
nations could then in the light of mis
ence and of its lessons establish a a"lottnli0i
trllinnnl 4af no tha frftmerS 01 tllB OU" , .
of the United States created a more p
tt io np fim oYnnrionce ana i ;
To the modern man 'with the mfaforthe' '.'
decide nothing, leaving the nations ir f .
or tn rAipnf t.ii ronort of the commiww
.quiry, fo others .they will seem um
j'A- vVU :'riiifit" XiJkiiii