of the greatest obstacles to the peaceful settlement of
international difficulties, and to the submission of such controversies
to arbitration, has been that the offense has been committed, or the
controversy has arisen before any rule for its settlement has been
provided, or any tribunal for its determination has been selected. This
ex post facto machinery for the settlement of differences is not only
unreasonable and illogical, but it has been guarded against by all the
civilized nations of the earth in the regulation and management of their
own internal affairs. When disagreeing nations are aroused to anger by
the excitement and the prejudice of the people on account of real or
imaginary wrong, it is a poor time indeed to attempt to agree upon a
fair method of settlement, or to exercise that calm deliberation which
should be invoked in the selection of the arbitrators.

The treaty of arbitration should be general and apply to all disputes.
It should be negotiated in time of profound peace, and not with
reference to any particular controversy. Its judges should be selected
in time of peace and their terms of office should be permanent. In order
that they might be removed from, and uninfluenced by, any bias or
prejudice they should be appointed for life, and while holding this
great international commission they should be prohibited from accepting
or holding any other office or emolument from any government.

The treaty, however, should specifically provide that these
international judges could be appointed and selected as members of any
other international arbitration tribunal, and in accordance with this
provision each government would undoubtedly select the same men as
judges for each arbitration treaty into which it entered.

To illustrate--if our government entered into such a treaty with the
German Empire, and afterwards into a similar treaty with France, we
would select the same arbitrators under the treaty with France that we
had named in carrying out the provisions of the treaty with Germany, and
in any subsequent arbitration treaty with any other nation, the same men
would again be named as our arbitrators. There is little doubt but what
all other nations would pursue a similar course.

This would give us an international court that would command the
absolute respect of all mankind and the confidence of all civilization.
Its judges would be free from any bias, prejudice or excitement that
might exist in ei