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of his high character as a publicist and judge, and his recognised ability and irreproachable integrity. Each judge thus selected to hold office during life or the will of the Court selecting him.

THIRD.-The Court thus constituted shall make its own rules of procedure, shall have power to fix its place of sessions and to change the same from time to time as circumstances and the convenience of litigants may suggest, and to appoint such clerks and attendants as the Court may require.

FOURTH.-Controverted questions arising between any two or more Independent Powers, whether represented in said "International Court of Arbitration" or not, at the option of said Powers, may be submitted by treaty between said Powers to said Court, providing only that said treaty shall contain a stipulation to the effect that all parties thereto shall respect and abide by the rules and regulations of said Court, and conform to whatever determination it shall make of said controversy.

FIFTH.-Said Court shall be opened at all times for the filing of cases and counter cases under treaty stipulations by any nation, whether represented in the Court or not, and such orderly proceedings in the interim between sessions of the Court, in preparation for argument, and submission of the controversy, as may seem necessary, to be taken as the rules of the Court provide for and may be agreed upon between the litigants.

SIXTH.-Independent Powers not represented in said Court, but which may have become parties litigant in a controversy before it, and, by treaty stipulation, have agreed to submit to its adjudication, shall comply with the rules of the Court and shall contribute such stipulated amount to its expenses as may be provided for by its rules, or determined by the Court.

SEVENTH.-Your Petitioner also recommends that you enter at

once into correspondence and negotiation, through the proper diplomatic channels, with representatives of the Governments of Great Britain, France, Germany, Russia, The Netherlands, Mexico, Brazil and the Argentine Republic, for a union with the Government of the United States in the laudable undertaking of forming an International Court substantially on the basis herein outlined.

Your Petitioner presumes it is unnecessary to enter into further argument in support of the foregoing propositions than is contained in the report of its committee, which is appended hereto and which your Petitioner has already asked to have considered a part of this Petition. Your Petitioner will be pardoned, however, if it invite especial attention to that part of the report emphasising the fact that the plan herein outlined is intended, if adopted, at once to meet the universal demand among Englishspeaking people for a permanent tribunal to settle contested international questions that may hereafter arise between the Governments of Great Britain and the United States.

While it is contended that it is wholly impracticable to form such a tribunal without the friendly interposition of other nations on the joint invitation of the Powers who unite in its organization, it is very evident that a most acceptable permanent International Court may be speedily secured by the united and harmonious action of said Powers as already suggested. Should obstacles be interposed to the acceptance, by any of the Powers named by your Petitioner, of the invitation to name a representative for such a court on the plan herein generally outlined, some other equally satisfactory Power could be solicited to unite in the creation of such a court.

Believing that, in the fulfilment of its destiny among the civilised nations of the world, it has devolved upon the younger of the two Anglo-Saxon Powers, now happily in the enjoyment of nothing but future peaceful prospects, to take the first step looking to the permanency of peace among nations, your Petitioner, representing the Bar of the Empire State, earnestly

appeals to you as the Chief Executive Officer of the Government of the United States, to take such timely action as shall lead eventually to the organisation of such a tribunal as has been outlined in the foregoing recommendations. While ominous sounds of martial preparations are in the air, the shipbuilder's hammer is industriously welding the bolt, and arsenals are testing armourplates, your Petitioner, apprehensive for the future, feels that delays are dangerous, and it urgently reccommends that action be taken at once by you to compass the realisation of the dream of good men in every period of the world's history, when nations shall learn war no more and enlightened Reason shall fight the only battles fought among the children of men.

And your Petitioner will ever pray.

Attested in behalf of the New York State Bar Association at the Capitol in the City of Albany, N.Y., April 16th, 1896.

ED. G. WHITAKER, President.

L. B. PROCTOR, Secretary.

A SPECIFIC TREATY OF ARBITRATION.

The following short Treaty has some unique features which entitle it to a place here :—

:

ART. I.-The Republic of Honduras and the United States of Colombia hereby enter into a perpetual obligation to submit to Arbitration, whenever they cannot be arranged by their ordinary diplomacy, the differences and difficulties of every kind which may henceforth arise between the two nations, in spite of the earnest and constant desire of their respective Governments to obviate such.

ART. II.-The appointment of an Arbitrator, whenever there may be occasion for such, shall be made by a Special Commission, who shall clearly define the question in dispute and the mode of procedure which the Arbitral Judge will be expected to adopt. In case the disputing parties cannot agree upon such a Commission, or if in any case these parties shall agree to dispense with this formality, the Arbitrator, with full power to exercise the functions of a Judge in the matter, shall be the President, for the time being, of the United States of America.

ART. III.-The Republic of Honduras and the Republic of the United States of Colombia will endeavour to take the first suitable opportunity of making Treaties, similar to the present, between themselves and the other American Nations, so that every dispute between them may be settled by Arbitration, and that this mode of settlement may become a principle of General American Law.

ART. IV. The present Treaty shall be ratified by the High Contracting Parties, according to their respective formalities, and the ratifications shall be exchanged with the shortest delay possible, at Tegucigalpa, at Bogota, at Panama, or in this city (San Salvador).

In confirmation of which, these presents have been signed and sealed, in New San Salvador, the 10th day of April 1882.

C. ULLOA (for Honduras).

R. AIZPURU (for the United States of Colombia).

L L

SCHEME ADOPTED BY THE INTER-PARLIAMENTARY CONFERENCE AT BRUSSELS.

1895.

The Inter-Parliamentary Conference, assembled at Brussels, considering the frequency of cases of International Arbitration and the number and extension of arbitral clauses in treaties, and desiring to see an International Justice and an International Jurisdiction established on a stable basis, charges its President to recommend to the favourable consideration of the governments of civilised states the following provisions, which may be made the subject of a diplomatic conference or of special conventions:

1. The High Contracting Parties constitute a PERMANENT COURT OF INTERNATIONAL ARBITRATION to take cognisance of differences which they shall submit to its decision.

In cases in which a difference shall arise between two or more of them, the parties shall decide whether the contest is of a nature to be brought before the Court, under the obligations which they have contracted by treaty.

2. The Court shall sit at...

Its seat may be transferred to another place by the decision of a majority of three-fourths of the adhering Powers.

The government of the State in which the Court is sitting guarantees its safety as well as the freedom of its discussions and decisions.

3. Each signatory or adhering Government shall name two members of the Court.

Nevertheless, two or more Governments may unite in designating two members in common.

The members of the Court shall be appointed for a period of five years, and their powers may be renewed.

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