WILLIAM MAXWELL EVARTS
INTERNATIONAL ARBITRATION
[Speech of William M. Evarts at the sixty-seventh anniversary banquet of the New England Society in the City of New York, December 23, 1872. The President, Elliot C. Cowden, occupied the chair. Introducing the speaker, he said: "I now ask your attention to the eighth regular toast: 'The Geneva Tribunal of Arbitration, a victory of peace, demonstrating that the statesman's wisdom is mightier than the warrior's sword.' This sentiment will be responded to by one who has added a new lustre to a fame already achieved by his consummate argument in defence of our claims before the late Tribunal of Arbitration, your honored ex-President, Mr. Evarts.">[
Mr. President and Gentlemen of the New England Society:—It has, I believe, in the history of our race, never been permitted that a great nation should pass through the perils of a serious internal conflict without suffering, in some form or other, an intervention in its affairs by other nations that would not have been permitted, or been possible, but for the distraction of its power, or the stress to which it was exposed by its intestine strifes. And when, in our modern civilization, a nation so great as ours was pressed by so great a stress as our Civil War imposed upon us, we could not escape this common fate in human affairs. It has rarely, in the history of our race, been permitted to a nation that has suffered this foreign intervention, in whatever form, to preserve its peace and the peace of the world, and yet settle its account with the nations which had interposed in its affairs. [Applause.]
When the great power of France seized upon the occasion of our Civil War to renew a European possession upon our boundaries, and when England, upon the same opportunity, swept the seas of our commerce; properly to deal with those forms of intervention, when our domestic troubles were ended by the triumph of our arms, called for the exercise of the highest statesmanship and the most powerful diplomacy. It was at this juncture that our great minister of foreign affairs (than whom no greater has been seen in our country, and than whom no greater has been presented in the service of any foreign nation) was able, without war, to drive the French from Mexico, and to establish the principle of arbitration, for the settlement of our controversy with England. [Applause.] It was reserved for the present administration to extricate the imperfect work of the adjustment of the differences between England and the United States from a difficulty of the gravest character, and to place the negotiations upon a footing satisfactory to the public sense of our people by the illustrious work of the Joint High Commission at Washington. It was reserved for that administration to complete, within its first term of power, the absolute extinction of all antecedent causes, occasions or opportunities for future contention between our nation and the mother country, by the actual result of the Geneva arbitration. [Applause.]
And now, gentlemen, I think we may well be proud of that self-contained, yet adequate, appreciation of our power, of our right, and of our duty, that could thus, while abating not one jot or tittle of our rights, compose such grave differences by the wisdom of statesmanship, instead of renewing the struggles of war. I may, I think, recognize in the general appreciation by our countrymen of the excellence of this great adjustment between England and the United States, their satisfaction with this settlement, which, without in the least abating the dignity or disturbing the peace of England, has maintained the dignity and made secure the peace of the United States. [Applause.] I think I may recognize in this general satisfaction of our countrymen, their conviction that the result of the Geneva arbitration has secured for us every point that was important as indemnity for the past, and yet has so adjusted the difficult question between neutrality and belligerency as to make it safe for us, in maintaining our natural, and, as we hope, our perpetual, position in the future, of a neutral, and not a belligerent.
The gentlemen to whom were entrusted, by the favor of the President of the United States, the representation of our country in this great forensic controversy, have been somewhat differently situated from lawyers, in ordinary lawsuits, charged with the interests of clients. For, as we all know, the interest of the client and the duty of the lawyer are, for the most part, limited to success in the particular controversy that is being agitated, and, therein, the whole power of the lawyer and all his resources may be properly directed to secure the completest victory in the particular suit. But, when a nation is a party, and when the lawsuit is but an incident, in its perpetual duty and its perpetual interests, in which it must expect to change sides, in the changing circumstances of human affairs, it is very plainly its interest, and the duty of those to whom its interests are entrusted, to see to it, that in the zeal of the particular contest there shall be no triumph that shall disturb, embarrass, or burden its future relations with foreign nations. [Applause.] In other words, when our government was calling to account a neutral which had interfered with our rights as belligerents, it was of very great importance that we should insist upon neither a measure of right nor a measure of indemnity, that we could not, wisely and safely, submit to in the future ourselves. [Applause.]
While, then, there was a preliminary question of gravest importance to be determined in this arbitration—this peaceful substitute for war—"the terrible litigation of States"—no less than this, how widely and how heavily we should press the question of accountability against a neutral, and how far the question should be pressed, in the future, against us, I must congratulate the country for having received, at the outset of the deliberations at Geneva, a determination from the Tribunal, upon the general principles of public law, that when peaceful adjustments in redress of wrongs are attempted between friendly States, no measure of indemnity can be claimed which at all savors of the exactions made only by a victorious over a beaten foe. [Applause.]
And when we come to the final award of this High Tribunal, I think the country may be congratulated, and the world may be congratulated, that while we have secured a judgment of able and impartial publicists in favor of the propositions of international law on which we had insisted, and have received amends by its judgment for the wrongs we had suffered from Great Britain, we have also secured great principles in favor of neutrality in the future, making it easier, instead of harder, for nations to repress the sympathies, the passions and the enlistments of their people, and to keep, during the pendency of war, the action of a neutral State within and subject to the dictates of duty and of law. For we have there established that the duty of a neutral government to preserve its subjects from interference with belligerent rights is in proportion to the magnitude of the evils that will be suffered by the nation against whom, and at whose cost, the infraction of neutrality is provoked. We have made it apparent, also, that a powerful nation, in the advanced civilization of our age, cannot escape from an accountability upon the rough calculation, upon which so much reliance has doubtless been placed in the past, upon the unwillingness of the offended and injured nation, in the correction of its wrongs, to rush into the costs and sacrifices of war. And we have made it apparent to the proudest power in the world (and there is none prouder than our own nation,) that there must be a peaceful accounting for errors and wrongs, in which justice shall be done without the effusion of blood. [Prolonged applause.] Practically, too, we have established principles of great importance in aid of the efforts of every Government to preserve its neutrality in trying and difficult situations of sympathy. An error long provided, that if a vessel, in violation of neutrality, should escape to commit its ravages upon the sea, and should once secure the protection of a commission from the offending belligerent, that that was an end of it, and all the nations of the world must bow their heads before these bastard flags of belligerency. But the tribunal has determined, as the public law of the world, that a commission from a belligerent gives no protection to a vessel that owes its power and place upon the seas to a violation of neutrality. [Applause.] The consequence is, that so far from our success in this arbitration having exposed us, as a neutral nation, in the future, to greater difficulties, we have established principles of law that are to aid our Government, and every other Government, to restrain our people and every other people, in the future, from such infractions of neutrality.