New-York tribune., 1875-05-14

when dealing with States. and go to mako trouoc
some Srd ~: And s further what may termed narrow
National seshnes not only governs h w1,nss on
pubcisfs and reduces their work from Its rno dignity
to the low level Of special pieadngS gSouS %c 10 hold
before the world the ideals and the demands OF s.co
commit themselves to onesdsd ana PrmJabe barrier
in the path Of Sg its S %siph to the
which these obstacles now excrting the present EN-
aspect Of affairs Is very ausp'cious Tor the speedy @
~ international law Let us glance at lew oi inc ch
couraging facts ,,, ,s ro
that important as were those, WHICH Mr. wheaton creu u
tied to the two centuries between Grous and the Con-
Vienna has brought US as many and as signal gains a.
that whole period OF 200 years ,r,., ..;,.
now profess TO obey international law and law NOT maze
in the interest Of strong nation, but law Inspired ny
Third think II may fairly be claimed that pnbliciss
are more and more lifting themselves in their discussions
above inspiration OF merely national feeling anu are
considering their great themes with the spirit oi Juca
fonriI think that substantial advantage is secured
in relative increase OF the international on
subjects belonging to the peaceful relations OF states a.
compared with those belonging to the belligerent rea-
tons Compare a modern treatise with that OF Grotius
and mark how much larger space is devoted by the mod
en writer than by the older to the questions OF navga
ton Of rivers, OF harbors privileges OF fishery ex-
patriaon and naturalization extradton patents trade
marks etc, topics both in public and In private law
Upon most of these Is easier to reach terms OF agree
ment than upon subjects which excite the passions OF ma
for agreement more difficult subjects The presump-
ton too nSw Is n Se tnd heer eS Of war
exceptional and abnormal ,, ..o
pcacefml subjects and perhaps some of the subjects
belonging is made easy and certain by the
increasing ntcgence on the citizens o, noeTm iher
ernmcnts, and by the closer commercial anu soc, eSn
nections which secured by our modern facilities ior
SirN There sa disposition to shape negotiations be-
particular nations so as practically 70 iacb
/ leVis on %
thus presented to all nations ana adopted ny ns' Oh
rangements in the Treaty Of 1871 to submit the Three
Rules other nations, and to invite them to accede to
them The gain OF few nations thus almost Inevitably
becomes the gain Of Others, II not Of all.
v In addition TO These recognized facts which are 80
prophctic of good, there certain other Important
iacs-pcrhaps might better say tendcnccs-whch are
attracting the attention Of pubicsts Concerning tne d,
yalne their influence there II lnuch dlHcfthcc OF
opinion Let examine them and see what hclps anu
what hnderancc If any, they present to the progress OF
FIRST: There is increasing tendency; we may say
pretty general practice OF pncSi % ~ 10 G ge III i' t to
greater or less extent OF the law as IN ther OPINION II
ought to be- They not oy te us Si ~ Scnrs @ of
the law, but they judge those doctrines by what tsy
deem proper ethical standard and suggest what modl-
ications of those doctrines If any, are required by due
regard for justice and right.
national law is which now earnestly engages inc
attention many distinguished pubcists a go9dly mum
strivns vigorously 70 secure the completion and adop.
ton OF code Leading English writer's and some Aneri-
debated whether anything would be gained ny the codi
cation of municipal law. Of any part Of it. Most OF
arguments pro aud are as applicable to the cod
cation OF international - Of municipal law
Third: In addition to the helps TO he derived from
codicaon il IL expected by many that arbitration
is bc much largely employed than heretofore In
the adjustment OF difficulties between nations. Atten-
ton has concentrated this method OF healing dis
cords by the of the Geneva tribunal In settling
the questions growing ont OF the Alabama claims. The
enthusiasm which excited among all lovers OF peace
BY the happy results OF that arbitration not unaturaliy
led some persons cherish eyrayagant expectations
concerning future Of arbitration. Their language
would lead us suppose that they almost ndulged the
hope that TO that resort to arbtr-
ton was henceforth to suppant the dreadful appeal to
arms. .
But sober reflection cOmpes to believe that the field
for arbitration is nited, that this remedy cannot prove
ehicacous In preventing all wars. and that permanent
court of arbitration cannot succeed Arbitration Is Dy
no means remedy 1t used by the old Greciah
states with quito as much frequency Ii is likely TO be
used now In medieval times it was very common to
submit international questions to learned professors anu
jurisconsuts for decision But there are certain 9nrs-
lions and those the most vital, which no nation would OF
could submit 10 arbitration. Such for instance, are qles-
tions OF national honor or insult or Independence.
Fourth Finally, must notice rs one OF the cilarac-
teristics OF time the very marked tendency OF pun
Iciss and certain extent Of dipl0masts, 10 meet III
associations more less cOmpactly organized Tor con
ference grave questions of Intentional law S"ytlal
noteworthy meetings have been held in Europe within
the last few