are of others,
we should consider things as they really are, and not merely as
they ought to be, and we should consult expediency as far as we
can do so, without compromising principle. * * *
"Of all the nations with whom we have relations, none probably
enjoy in an equal degree our good will, as France. No spirit of
rivalry in commerce or manufactures exists between us, no
adjacent territory furnishes occasion for border aggressions and
mutual criminations, while our past relations afford subjects of
pleasing and grateful recollection, and at present we see no
prospect of the interruption of that harmony which has so long
subsisted between the two nations.
"Let us suppose that under these propitious circumstances, a
convention should now be concluded between the two governments,
by which it should be agreed, that if unhappily any difference
should hereafter arise between us, that could not be adjusted by
negociation, neither party should resort to arms, but that they
should agree on some friendly power, to whom the matter in
difference should be referred, and whose decision should be
final; or that if it should so happen that the parties could not
concur in selecting an umpire, that then each party should
select a friendly power, and that the sovereigns or states thus
selected, should, if necessary, call to their aid the assistance
of a third.
"To what well founded objections would such a treaty be subject?
It is true that treaties of this kind have been of rare
occurrence, but all experience is in their favor. Vattel remarks
(Law of Nations, book II., chap. 18,) 'Arbitration is a method
very reasonable, very conformable to the law of nature, in
determining differences that do not directly interest the safety
of the nation. Though the strict right may be mistaken by the
arbitrator, _it is still more to be feared that it will be
overwhelmed by the fate of arms_. The Swiss have had the
precaution in all their alliances among themselves, and even in
those they have contracted with the neighboring powers, to agree
beforehand on the manner in which their disputes were to be
submitted to arbitrators, in case they could not adjust them in
an amicable manner. _This wise precaution has not a little
contributed to maintain the Helvetic Republic in that
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