Charles Sumner: his complete works, volume 02 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 02 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
These examples, belonging to the Past, reveal tendencies and
capacities. Other instances, having the effect of living authority,
show practically how the War System may be set aside. There is,
_first_, the Swiss Republic, or _Helvetic Union_, which, beginning so
long ago as 1308, has preserved Peace among its members during the
greater part of five centuries. Speaking of this Union, Vattel said,
in the middle of the last century, "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_." And
this publicist proceeds to testify that "this wise precaution has
not a little contributed to maintain the Helvetic Republic in that
flourishing condition which secures its liberty, and renders it
respectable throughout Europe."[321] Since these words were written,
there have been many changes in the Swiss Constitution; but its present
Federal System, established on the downfall of Napoleon, confirmed
in 1830, and now embracing twenty-five different States, provides
that differences among the States shall be referred to "special
arbitration." This is an instructive example. But, _secondly_, our own
happy country furnishes one yet more so. The United States of America
are a National Union of thirty different States,--each having peculiar
interests,--in pursuance of a Constitution, established in 1788, which
not only provides a high tribunal for the adjudication of controversies
between the States, but expressly _disarms_ the individual States,
declaring that "_no State shall, without the consent of Congress, keep
troops or ships of war in time of peace, or engage in war, unless
actually invaded, or in such imminent danger as will not admit of
delay_." A _third_ example, not unlike that of our own country, is the
_Confederation of Germany_, composed of thirty-eight sovereignties,
who, by reciprocal stipulation in their Act of Union, on the 8th of
June, 1815, deprived each sovereignty of the _right of war_ with its
confederates. The words of this stipulation, which, like those of
the Constitution of the United States, might furnish a model to the
Commonwealth of Nations, are as follows: "_The Confederate States
likewise engage under no pretext to make war upon_ _one another, nor
to pursue their differences by force of arms, but to submit them to
the Diet_. The latter shall endeavor to mediate between the parties by
means of a commission. Should this not prove successful, and a judicial
decision become necessary, provision shall be made therefor through
a well-organized Court of Arbitration, to which the litigants shall
submit themselves without appeal."[322]
[321] Law of Nations, Book II. ch. 18, § 329.
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