The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-04
SPIRIT or THE PRESS.
Editorial Opinions OF the Leading Journals
upon Current Topics compiled Every
Day for the Evening Telegraph.
AN INTERNATIONAL COURT OF ARBI
TRATION.


From the NJ T. Times.
good cause is often only injured by So
phistcal arguments. change IN lnterna-
tional law which shall give the world the |
benefit of a permanent Court OF Aroltra-
ton" between nations, IS exceedingly deslra- |
ble In supporting this reform, however, |
speaker in this city recently urged that a |
similar court had been established in America |
between communities which are quite as |
populous and powerful as many States and |
Kingdoms in Europe-referring to the forma- |
ton of the United States Supreme CoJTt-to !
adjudicate differences and disputes between |
the States of this Union. He compared the
territory of Texas with that of France, the
population of New York with that of Sweden,
and the wealth of our separate States with
the resources of individual Kingdoms or
States in Europe; and he argued that if States
so powerful as ours, with different occupa-
tons, and often different races of men, are
willing to submit all their differences and
quarrels to a court of arbitration and i'm
plicitly abide by It's decisions, then surely the
second rate powers of Europe might be ex-
pected to abide by the decisions of a court
they should themselves form. And if they
were willing to construct a court of arbitra-
tion and submit to its sentence or adjudica-
tion, then certainly other and greater powers
might do the same.
This argument, presented with much
gravity, anu WIFI hu Imposing array Ol COul-
parison in figures of population and wealth,
seems to us very like special pleading. Our
States are not sovereign, like the European:
they have not a past history, each of hostility
to others, and of Independent existence.
There is no difference of creed between
them, or jealousy from old struggles, or radi-
cal diversity of interests. Above all, they
have come from one homogeneous people
one in language, history, and character. The
tNnVaTnmnnt naOnla
not the States. And our court cf arbitration
was buG a part of our Government, formed
by the people to adjudcate on a mora
important class of cases ~ not
an arrangement between sovereign
States, whereby they sacrificed
their independence for the sake Of reason
able arbitration in their disputes. Any other
theory of the Supreme Court or the Federal
Government would justify secession.
nearer analogy to our court would be
the formation of Supreme German Court
IN the new Empire or Confederacy of Ger
many. The very obstacle in Europe to such
court is precisely what we escape here.
Our people are one, and we have uniform
laws and the same government. No jea-
lousy now prevents perfect submission to
the decisions of our court But to suppose
that Sweden and Switzerland and Denmark
can come together and agree to binding
code of laws, as easily as New York, Penn
sylvania, and Illinois, is to ignore the real
difficulties in the way of most necessary
reform.
The obstacle which first strikes the mind
against the formation of an International
Court in Europe is the difficulty of securing
obedience to its decisions when formed. 1t
is said:-We had an International Court in
regard to Luxembourg; in regard to the
naturalization of the Black Sea and the in
tegrity of the Danish Duchess and of what
use were its agreements? Each member of
the High Court does now as it likes" We
admit the weight of the objection. But all
progress in the relation of nations is a result
not SO much of force as Of public opinion.
There IS nothing to prevent the Germans
treating their French prisoners any differ
emily from the way in which the Romans
used to treat the Carthagenian prisoners
numbering or making them slaves-except
the general opinion of Europe. There is
probably nothing now to prevent German Y
swallowing up Denmark or Belgium but the
silent decisions of that High Court which
even Bismarck dreads-the general opinion
of the civilized world. This opinion-the
voice of common sense and universal Justice
has become partly embodied now in laws
which have no Sheriffs to execute and no
universal Judges to proclaim, International
law has no force behind it except
the opinion of mankind. 1t comm ands
no posse, controls no constable, calls
upon no soldiery. 1t sits silent among the
nations dispensing its verdicts of justice and
reason, restraining revenge and passion,
softening the horrors of war, controlling
popular passion, guarding the prisoner and
captive, protecting the weak, shielding the
wounded, and defending tie rights of the
peaceful aAd the neutral; and for all this, it
hes no power except the sentiment of the
civilized world. If its verdcts or decisions
are despised or disobeyed, the only redress is
that the complainant or the injured should
take the law in their own hands, and intlict
their own punishment.
Now it is conceivable that solemn con-
gress of all European nations, meeting and
forming formal court of arbitration, with
definite rights and precise mode of proce-
dure before it, agreeing that no quarrel
should come to blows till it had been sub
mitted to this court, and its decision had
been rendered; it is conceivable, we say
and not improbable, that such a court might
even without force, come to have in Europe
somewhat the weight which internationa
law has now. 1t would embOdy the opinion
of the civilized world. In doubtful case
an ambitious potentate Oh an ambitious peo
pie might not venture to rush to arms di-
rectly against a verdict given by 50 wise
imposing, and impartial a tribunal. At al
events, the waiting for decision would Civ,
time for calm consideration and for tina
sober second thought to which even ambi
tious rulers are not always Indifferent 1t i
also among the possibilities of the futur
that the united powers of Europe Nigh
agree, after the terrible fruits Of the prssen
wars, to guarantee such q Supreme Court tn
force necessary to execute its decisions an
thus check sudden aud unprovoked wars .