AN INTERNATIONAL TRIBUNAL FOR EUROPE. 367 



instance, avec le nombre ddsign^ des circuits judiciaux, et 

 avec un fixe de magistrats, auxquels leur responsabilit^ 

 excellemment ddfinie impose une rfegle de conduite non moins 

 excellente. * * * * Pour donner plus de garantie en- 

 core aux decisions Internationales et h, la sanction des 

 sentences arbitrales, on pourrait adopter la forme juridique 

 qui est en vigeur dans I'organisation judiciaire des Etats 

 internes ; on soumettrait les jiigements arbitraux a deux 

 instances, qui pourraient etre etablies comme il suit." — 

 (" Principes G^ndraux du Droit International Public, 1890.") 



JOHN STUART MILL. 



" The tribunals which act as umpires between the Federal and 

 the State Governments, naturally also decide all disputes 

 between two States, or between a citizen of one State and 

 the Government of another. The usual remedies between 

 nations, war and diplomacy, being precluded by the 

 Federal Union, it is necessary that a judicial remedy should 

 supply their place. The Supreme Court of the Federation 

 dispenses international law, and is the first great example of 

 what is now one of the most prominent wants of civilised 

 society, a real International Tribunal." ("Considerations 

 on Representative Government," 1865.) 



A few particulars relating to the establishment of this Supreme 

 Court, so highly and justly extolled by that eminent pohtical 

 economist, John Stuart Mill, and the text of the Articles in the Con- 

 stitution may be of service to the reader. 



The Declaration of American Independence was made on the 

 4th July, 1776, exactly two years after the outbreak of the 

 Revolution, but owing to the disputed powers of the de facto 

 Government, discussions arose among the several States of the 

 Confederation, which were prolonged for several years, and it was 

 not until the ist March, 1781, that the whole of the thirteen 

 States assented to the " Articles of Confederation and Perpetual 

 Union," and on that date the final ratification by the Congress was 

 effected, and the Government of the Confederation was proclaimed 

 and recognised. 



On the subject of peace and war it was provided by Article IX. : 



" The United States in Congress assembled shall have the sole and 



