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 l.u.s.tre 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 pa.s.s 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 ill.u.s.trious 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 t.i.ttle 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 circ.u.mstances 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, embarra.s.s, 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 subst.i.tute 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 pa.s.sions 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 b.a.s.t.a.r.d 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.

And now, gentlemen, is it too much for us to say that, coming out from a strife with our own blood and kindred, upon the many hard-fought fields of our Civil War, with our government confirmed, with the principles of our confederation made secure forever, we have also come out from this peaceful contest with a great power of the world, with important principles established between this nation and our princ.i.p.al rival in the business affairs of the world, and with an established conviction, alike prevalent in both countries, that, hereafter, each must do its duty to the other, and that each must be held accountable for that duty?

I give you, gentlemen, in conclusion, this sentiment: "The little Court-room at Geneva--where our royal mother England, and her proud though unt.i.tled daughter, alike bent their heads to the majesty of Law and accepted Justice as a greater and better arbiter than Power."

[Prolonged applause.]

THE REPUBLIC AND ITS OUTLOOK

[Speech of William M. Evarts at the first banquet of the New England Society of the City of Brooklyn, December 21, 1880. Benjamin D.

Silliman, President of the Society, occupied the chair and introduced Mr. Evarts to speak to the toast, "The Republic and its Outlook,"

saying: "He may well speak of the 'Outlook' who is on the watch-tower.

His brethren of the bar would prefer his remaining here but if he will return to the compet.i.tions and collisions of the courts, he will be welcomed as a brother, however unwelcome he may be as an adversary.

Meantime, that he may tell us of the outlook of the Republic, let us listen to the Secretary of State, the Honorable William M. Evarts."]

MR. PRESIDENT AND GENTLEMEN OF THE NEW ENGLAND SOCIETY OF BROOKLYN:--I have been accustomed to the City of New York, and have been accustomed to the estimate which the people of New York make of the people of Brooklyn. [Laughter.] I now come to make some trial of the estimate which the people of Brooklyn put upon the people of New York.

[Applause.] In one distinct feature of the City of New York--I mean in its population--and in one distinct feature of the City of Brooklyn--in its population--you will see the secret of your vast superiority to us.

[Laughter.] In the City of New York there are more Irishmen than there are in Dublin. [Applause.] In the City of Brooklyn there are more Bostonians than there are in Boston. [Laughter.] We have always felt it as a reproach, however little we relish the satire, that our New England festivals--mean in New York--were little in keeping with the poverty and frugality, and perhaps with the virtues, of our ancestors. But here I see exactly such a company, and exactly such a feast, as in the first years of the emigration, our ancestors would have sat down to.

[Laughter.] We honor our fathers with loud praises, you, by n.o.ble and self-denying example. [Laughter.]

The Republic, which is the theme I am to speak to, is the Republic which has grown from the seed that was planted in New England. It has gained as the oak has gained in its growth, from the soil, and from the air; so in the body and the strength, and the numbers and the wealth of the Republic, it has gained by the accretions of other races, and the incoming population from many sh.o.r.es. But the oak, nevertheless, is an oak, because the seed which was planted was the seed of an oak. [Loud applause.] Now, our Pilgrim Fathers seem to have been frustrated by Providence a good deal, in many of their plans. They came with the purpose, it is said, of occupying the pleasant seat of all this wealth and prosperity which these great cities enjoy. But the point was to plant them in New England, where they might grow, but would never stay.

One of the first letters which I received after taking charge of the Department over which I preside was an extremely well-written one from a western State, asking for a Consulate, and beginning in this wise: "I have no excuse for intruding on your busy occupations except a pardonable desire to live elsewhere." [Laughter.] Now that has been the mainspring of New Englanders ever since they were seated by Providence on its barren sh.o.r.es, a pardonable desire to live elsewhere. [Laughter.]

If they had been planted here--if they had been seated in the luxurious climate and with the fertile soil of the South, they would have had no desire, pardonable or otherwise, to live elsewhere. Though they might have grown and lived they never would have proved the seed that was to make the Great Republic as it now is. [Applause.]

There has been an idea that some part of the active, spreading and increasing influence of the New England people as they moved about the world, was from a meddlesome disposition to interfere with other people.

There is nothing in that. If there ever was a race that confined itself strictly to minding its own business, it is the New Englanders; and they mind it, with great results. The solution of this apparent discord is simply this: that a New Englander considers everybody else's business his business. [Loud laughter.] Now these two essential notions of wishing to live elsewhere, and regarding everybody else's business as our business, furnish the explanation of the processes by which this Republic has come to be what it is--great in every form of power, of strength, of wealth. This dissemination of New England men, and this permeation through other people's business--of our control of it--have made the nation what it is. [Applause.]

The statesmanship of the New England character, was the greatest statesmanship of the world. It did not undertake to govern by authority, or by power, but by those ideas and methods which were common to human nature, and were to make a people great, and able to govern themselves.

[Applause.] The great elements of that State thus developed, were education, industry and commerce. Education which, as Aristotle says, "makes one do by choice what others do by force;" industry, which by occupying and satisfying all the avidities of our nature, leaves to government only the simple duty of curbing the vicious and punishing the wicked. Commerce, that, by unfolding to the world the relations of people with people, makes a system of foreign relations that is greater and firmer, and more beneficent, than can be brought about by all the powers of armies, or all the skill of cabinets. [Applause.]

This being, then, the Republic which has grown up from the seed thus planted, that has established our relations among ourselves over our wide heritage, and established our relations with the rest of the world, what is its outlook to-day? What is it in the sense of material prosperity? Who can measure it? Who can circ.u.mscribe it? Who can, except by the simple rule of three, which never errs, determine its progress? As the early settlement of Plymouth is to the United States of America, as it now is, so is the United States of America to the future possession and control of the world as they are to be. [Cheering.] This is to be, not by armies of invasion, nor by navies that are to carry the thunders of our powers. It is to be by our finding our place in the moral government of the world, and by the example, and its magnificent results, of a free people, governed by education, occupied by industry, and maintaining our connection with the world by commerce. Thus we are to disarm the armies of Europe, when they dare not disarm them themselves. [Cheers.] We present to mankind the simple, yet the wonderful evidence that a peasant in Germany, or France, or Ireland, or England carrying a soldier on his back, cannot compete in their own markets with a peasant in America who has no soldier on his back, though there be 5,000 miles distance between their farms. [Loud applause.] No doubt wonderful commotions are to take place in the great nations of Europe, under this example. There is to be overturning, and overturning, for which we have no responsibility, except, that by this great instruction, worked out by Providence on this continent, there is to be a remodelling of society in the ancient countries of the world.

[Applause.] Now you see in the magnitude of the designs of Providence, how, planting the Puritans where they would desire to spread themselves abroad, and filling a continent, whence the ideas that they develop intelligibly to the whole world, are to distribute themselves over the world, that this is the way in which the redemption of society at home first, and abroad afterward, is to be accomplished by the power of the wisdom of G.o.d.

And now for the outlook in other senses than that of material prosperity, how is it? As difficult and critical junctures have been reached in the development of the nation, and collisions, as when two tides meet, have awakened our own fears, and tried our own courage, and have raised the question whether these true ideas of our Republic were to triumph or to be checked--has not the issue always shown us, that faith in G.o.d, and faith in man, are a match for all the powers of evil in our midst and elsewhere? [Cheering.] If there needed to be a march to the sea, it was to be through the Southern country. [Loud applause.]

If there needed to be a surrender of one portion of this people to the other, it was to be in and of Virginia, and not in and of New England.

[Applause.] And now what a wonderful spectacle is presented to our nation, and to the world, when the direst calamities that ever afflict a people--those of Civil War, had fallen upon us; when the marshalling of armies, in a nation that tolerated no armies, was greater and more powerful than the conflicts of the world had ever seen; when the exhaustion of life, of treasure, of labor, had been such as was unparalleled; yet, in the brief s.p.a.ce of fifteen years, the nation is more h.o.m.ogeneous, more bound together, more powerful and richer than it ever could have been but for the triumph of the good over the weak elements of this Republic. [Applause.]

And what does all this show but the essential idea that it is man--man developed as an individual--man developed by thousands, by hundreds of thousands, by millions, and tens of millions, these make the strength and the wealth of a nation. These being left us, the nation, the consumption as by a fire, attacking a city, or ravaging a whole territory, or sweeping the coffers of the rich, or invading the cottages of the poor--all this material wealth may easily be repaired. If the nation remains with its moral and intellectual strength, brighter and larger and more indestructible possessions than the first will soon replace them. On the three great pillars of American society--equality of right, community of interest, and reciprocity of duty, rests this great Republic. Riches and honor and length of days will mark the nation which rests on that imperishable basis. [Prolonged applause.]

THE FRENCH ALLIANCE

[Speech of William M. Evarts at a banquet of the Chamber of Commerce of the State of New York, New York City, November 5, 1881. The banquet was given in honor of the guests of the nation, the French diplomatic representatives in America, and members of the families descended from our foreign sympathizers and helpers, General Lafayette, Count de Rochambeau, Count de Gra.s.se, Baron von Steuben, and others, who were present at the Centennial celebration of the victory at Yorktown. The chairman, James M. Brown, Vice-President of the Chamber of Commerce, proposed the following toast: "The French Alliance; the amicable relations between our two countries founded in 1778, by the Treaty of Amity and Commerce, between the nation of France and the American people, cemented in blood in 1781, renewed by this visit of our distinguished guests, will, we trust, be perpetuated through all time."]

MR. CHAIRMAN AND GENTLEMEN OF THE CHAMBER OF COMMERCE:--It is with great pride, as well as with great pleasure, that I respond to the call in behalf of the merchants of the United States, as represented by the merchants of the great city of the United States, through this ancient guild of the Chamber of Commerce, in paying their tribute of honor and applause to the French nation, that was present as a nation in the contest of our Revolution, and is present here as a nation by its representatives to-day [applause]; and to the great Frenchmen that were present with their personal heroism in the struggles of the Revolution, and are present here in their personal descendants, to see the fruits of that Revolution, and to receive our respectful greeting [applause]; and to the Germans who were present, where they could not have been spared in the great trials of our feeble nation in its struggles against the greatest power in the world, and who are here, by the descendants of those heroic Germans, to join in this feast of freedom and of glory.

[Applause.]

But I felt a little doubt, Mr. Chairman, whether the etiquette of this occasion required me to speak in my own tongue, or in the German or the French, for I speak French and German equally well [laughter], but I thought it would be a poor compliment, after all, to talk to these Frenchmen, or these Germans, in their native tongues. They surely hear enough of that at home. [Laughter.]

Well, Mr. President, the French Alliance was one of the n.o.blest transactions in history. The sixth day of February, 1778, witnessed the Treaty of Alliance and the accompanying Treaty of Amity and Commerce which filled out our Declaration of Independence, and made that an a.s.sured triumph, which was until then nothing but a heroic effort on our part. [Cheers.] I do not know that the sixth of February has anywhere been honored in any due proportion to the Fourth of July; but for my part, as an humble individual, from the earliest moment I have done all in my power to show my homage to that day, for on that day I was born.

[Laughter and applause.]

Now, we talk the most and must feel the most and with great propriety, of the presence of our French and of our German aids, and of our own presence at the battle of Yorktown and the surrender. But what would that occasion have amounted to, either in the fact of it or in the celebration of it, if the English had not been there? [Laughter.] You may remember the composure of the hero that was going to the block and felt that there was no occasion for hurry or confusion in the attendant crowd, as nothing important could take place until he got there [laughter]; and so, in this past history and in the present celebration, we recognize that it is not a question of personal mortification or of personal triumph--not even of national mortification or of national triumph. This was one of the great battles of the world, in which all the nations engaged, and all other nations had an everlasting interest and one through which they were to reap an everlasting good. [Applause.]

And I would like to know if the granddaughter of George III has ever had from her subjects, British or Indian, any sweeter incense than has just now been poured out from the hearts of the American people, who freely give that homage to her virtues as a woman that they deny to her sceptre and her crown as a queen. [Applause.] Who would not rather be a great man than a great king? Who would not rather be a great woman than a great queen? [Applause.] Ah, is there not a wider sovereignty over the race, and a deeper homage from human nature than ever can come from an allegiance to power? And for woman, though she be a queen, what personal power in human affairs can equal that of drawing a throb from every heart and a tear from every eye, when she spoke to us as a woman in the distress of our nation? [Applause.]

It was a very great thing for France to make the Treaty of Alliance and the Treaty of Amity and Commerce with a nation that, as yet, had received no acceptance from the powers of the earth. And when we remember that France, in the contests of a thousand years, had found England no unequal match in the quarrels that belonged to the two nations, I must think that human history has shown nothing n.o.bler than her espousal of this growing struggle between these colonists and the great power of England. [Applause.] How much nearer France was to England than we! How much wider her possessions through the world, open to the thunders of the British navy and the prowess of the British arms!

And when France, in a treaty, the equal terms of which will strike every reader with wonder, speaks of the "common cause" to be pursued until the result of our complete independence, governmental and commercial, was attained, I know nothing in the way of the "bearing the burdens of one another," enjoined as the Christian spirit, that is greater than this stupendous action of France. [Applause.]

The relations of blood and history that make England and us one, as we always shall be, do not, nevertheless, make it clear that there is not a closer feeling of attachment, after all, between us and France. It is a very great compliment, no doubt, in cla.s.sical phrase, to bespoken of as "_matre pulchra filia pulchrior"_--the fairer daughter of a fair mother, but, after all, it is a greater compliment to the daughter than to the mother. I don't know that maternal affection, the purest sentiment on earth, is ever quite pleased that the daughter is taller and fairer and more winning in her ways than the mother is, or ever was [laughter]; and I do know that there comes a time when the daughter leaves the mother and cleaves to a closer affection. And here were we, a young, growing, self-conscious, self-possessed damsel, just peeping from out our mother's ap.r.o.n, when there comes a gallant and n.o.ble friend, who takes up our cause, and that, too, at a time when it was not quite apparent whether we should turn out a beauty or a hoyden. [Laughter and applause.] And that is our relation to France. Nothing can limit, nothing can disturb it; nothing shall disparage it. It is that we, from that time and onward, and now finally in the great consummation of two Republics united together against the world, represent in a new sense Shakespeare's figure of the "unity and married calm of states."

[Applause.]

The French people have the advantage of us in a great many things, and I don't know that we have any real advantage of them, except in a superior opinion of ourselves. [Laughter.] G.o.d forbid that anybody should take that from us! Great as is our affection and grat.i.tude toward the French and German nations, there is one thing that we cannot quite put up with in those nations, and that is, that, but for them, the English and we should think ourselves the greatest nations in the world. [Laughter.]

So, with all the bonds of amity between us and them, we must admit that the Frenchmen and Germans make a pretty good show on the field of history in the past, and, apparently, mean to have a pretty good share of the future of this world. [Applause.]

In comparing the Yorktown era with the present day, we find that then a great many more Frenchmen came here than Germans; but now a great many more Germans come here than Frenchmen. The original disparity of numbers seems to have been redressed by the later immigration, and we are reduced to that puzzling equilibrium of the happy swain whenever we are obliged to choose sides in the contest between these nations:--

"How happy could I be with either, Were t'other dear charmer away."

[Laughter.]

The French are a great people in their conduct toward us in this respect, that the aid and sympathy and alliance has been all in our favor; they have done everything for us, and have been strong enough not to need anything from us. [Applause.] The fault of the French, changing a little Mr. Canning's memorable lines:--