368 AN INTERNATIONAL TRIBUNAL FOR EUROPE. 



exclusive right and power of determining on peace and war, 

 except in the cases mentioned in the sixth Article ; of sending 

 and receiving Ambassadors ; entering into treaties and 

 alliances, &c., &c." 



The sixth Article referred to declared : 



" No State shall engage in any war, without the consent of the 

 United States in Congress assembled, unless such' State be 

 actually invaded by enemies, &c., &c." 



This Confederation of the thirteen States, however, had many 

 political defects, and after many years of trial and struggle to adjust 

 conflicting powers, and to reconcile adverse . interests, a Convention 

 of the States finally adopted, on the 17th September, 1787, a new 

 Constitution to take the place of the Articles of Confederation, and 

 on the 4th March, 1789, the first Congress under this Constitution 

 assembled under the presidency of George Washington. 



Under Article III. of this Constitution the judicial power of the 

 United States became vested in one Supreme Court, and the limits 

 of its judicial power were declared as follows : 



" To all cases of law and equity arising under this Constitution ; 

 to all cases arising under the laws of the United States ; and 

 Treaties made or which shall be made under their authority ; 

 to all cases affecting Ambassadors, other public Ministers, 

 and Consuls ; to all cases of Admiralty and Maritime juris- 

 diction ; to controversies to which the United States shall be 

 a party ; to controversies between two or more States ; be- 

 tween a State and citizens of another State ; between citizens 

 of different States ; between citizens of the same State 

 claiming lands under grants of different States ; and between 

 a State, or the citizens thereof, and Foreign States' citizens, or 

 subjects." 



A TRIBUNAL WITH EXECUTIVE POWER. 



We contend, therefore, that what is required in the Comity of 

 nations, and what we believe it is possible to secure, is the 

 establishment of an International Tribunal, strengthened with the 

 judicial machinery for interpreting, and if necessary for enforcing 

 its decisions, to give an impartial and authoritative decision, a 

 decision, which will be no stain upon a nation's honour, nor injury 

 to a nation's interests to accept, but which any nation, whether it 



