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treaty always shall, if they cannot be amicably
arranged, be referred to a committee of
arbitration, which shall be nominated by each party
with a like number of members; also that if
this committee cannot agree, there shall be
appointed a tribunal of arbitration, whose
decision both nations bind themselves to accept.
The idea of concluding distinct treaties of
arbitration, or of giving a widely extended
range to arbitral clauses, so that they should
affect the whole relation of the contracting
parties to one another, is comparatively new.
So far as I know, Mr. William Jay was the
first who in modern times advocated this idea,
in a work which came out in New York in
1842, and in which he proposed: that in the
next treaty between, for example, the United
States and France, it should be stated that in
case any dispute should arise between the two
nations, not only in respect of the interpretation
of that treaty, but also in respect of any other
subject whatever, the dispute should be settled
by means of an arbitration by one or more
friendly powers.
A similar proposition was presented to Lord
Clarendon in 1853. By sending a deputation
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