SECTION II.-INTERNATIONAL ARBITRATION.

404. In order to avoid a resort to war States may submit their dispute to arbitration.

Numerous are the precedents of disputes settled by way of international arbitration. Among the Greeks the Amphictyonic League was in effect a tribunal of arbitration. Among the Romans the fecials had the same power. Cyrus, King of Persia, nominated the King of India arbitrator in a dispute between himself and the kingdom of Assyria. The Carthaginians, in order to avoid war, submitted their dispute with Masinissa to the King of Numidia for arbitration. A treaty of alliance concluded between the Argivi and the Lacedemonians had a clause, that if a difference should happen between the two countries, they would have recourse to the arbitration of a neutral state, according to the customs of their ancestors. In the Middle Ages the dukes of Perugia, Bologna, and Padua frequently acted as arbitrators. In 1298 Pope Boniface VIII. arbitrated between Philip le Bel and Edward I. of England. · In 1319 Pope Leo X. arbitrated between Philip the Long and the Flemish. In 1783 a question of boundaries between England and the United States was left to arbitration. The Congress of Vienna of 1815 left several questions to arbitration, such as the debt on the Rhine octrois, the succession to the duchy of

Bouillon, the differences between the cantons of Ure and Tessin on the subject of custom-house and on a portion of the Dutch debt. In 1834-35 the King of Prussia arbitrated between France and England on the Portendic indemnity. In 1839 the Queen of England arbitrated between France and Mexico. In 1864 the Senate of Hamburg arbitrated between England and Peru. In 1869 the President of the United States arbitrated between England and Portugal. In 1861-72 the Alabama claims, by the United States against England, were settled by arbitration. In 1882 the claims of France and Italy against Chile for damages produced by her naval and military forces on their subjects were left to the arbitration of a mixed tribunal, consisting of persons nominated by the President of the French Republic (or by the King of Italy), the President of the Republic of Chile, and the Emperor of Brazil. In 1884 the claims of the United States against Hayti were left to the arbitration of the Hon. William Strong

405. The submission to arbitration ought to be in writing, and the subject-matter submitted ought to be precisely formulated

406. The contending parties may plead before the arbitrators.

407. Where several arbitrators are named

they must act together, and, in case of difference of opinion, the majority will rule the minority.

408. If the arbitrators are even in number and no agreement is obtained, the arbitration fails.

409. Power may be given to the arbitrators, in case of difference, to call in a third to act as umpire, and in that case his judgment is final.

410. The arbitrators so selected form a voluntary court of justice, and they have the right to adopt their own rules of procedure

411. The decision once formally delivered cannot be reconsidered without a new agreement.

412. In an arbitration the contending parties commit their respective cases wholly and unreservedly to the appreciation and judgment of the arbitrators, and their decision is obligatory upon them unless the agreement to submit was insufficient, the arbitrators were morally incapable to act or have not acted in good faith, and unless the award was in excess of the reference or contrary to natural justice.

413. The award must be given within the time fixed in the submission.

414. The arbitrators must decide according to the principles of the existing International Law.

415. The Convention of Paris of 1873 (Art. XVIII.), for a Universal Postal Union, has a provision to the effect that in case of disagreement between two or more members of the Union as to the interpretation of the Convention, the question in dispute is to be decided by arbitration.

416. The declaration relative to freedom of trade in the Basin of the Congo (Art XII.) provides that, in case of serious disagreement originating on the subject of or in the limits of the territories, the Powers bind themselves, before appealing to arms, to have recourse to the mediation of one or more of the friendly Powers, and reserved to themselves the option of having recourse to arbitration.

417. In the protocol appended to the Treaty of Commerce and Navigation between Her Majesty

and the King of Italy, signed at Rome, June 15, 1883, it is provided as follows:

Any controversies which may arise respecting the interpretation or the execution of the present Treaty, or the consequences of any violation thereof, shall be submitted, when the means of settling them directly by amicable agreement are exhausted, to the decision of commissions of arbitration, and the result of such arbitration shall be binding upon both Governments.

The members of such commissions shall be selected by the two Governments by common consent, failing which, each of the parties shall nominate an arbitrator, or an equal number of arbitrators, and the arbitrators thus appointed shall select an umpire.

The procedure of the arbitrators shall in each case be determined by the contracting parties, failing which, the commission of arbitration shall be itself entitled to determine it beforehand.

The pact of union between Costa Rica, Guatemala, Honduras, and Salvador, dated February 17, 1872, Art. III., provides: The maintenance of peace between the Central American Republics is a strict duty of their respective Governments, and any differences which may arise between them, whatever be the cause, will