Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-06
A NEW IDEA.

A NEW lUEbt
edward Everett Hale, in the C6smopoli-
TN for January, advances a new idea.
New ideas are not SO plentiful in these
days that we can afford to pass any by
without examination. What Mr.. Hale
proposes. IS at once patriotic, and addressed
to the highest craftsmanship. The occa-
sion Of the meeting of the Pan-American
Congress has suggested to Mr.. Hale that
the American nations should establish a
tribunal to be known as the High Court
of the Americas" Between the nations
are constantly arising questions of bound
aries; of the return of fugitives from jus
tiee; of customs difficulties; of the inter-
probation of treaties and memoranda of
agreements; questions of trade; of fisher
les; Of conflicting rights of citizens of dis
tinct nations of personal liberty, and so
on through long catalogue. We have
now but three methods of adjusting all
such matters-by diplomatic correspond
ence, by arbitration and by war. The first
is long, tedious and never satisfactory to
the weaker party; the second is refer
ence to body of men who may or may not
be qualified, by reason of their knowledge
of international law, their experience in
statecraft and their impartiality. In fact,
there is more probability of man being
called to an International Board of Arbi-
tration because of the accident of position
than by reason of his eminent fitness to adj
Indicate.
Mr.. Hales idea is to have the Pan
American Congress suggest the creation of
"High Court of Americas" to pass upon
all such questions as cannot be taken to
the ordinary tribunals of the nations.
Men chosen TO such a bench would be Sc
lected because of their pRe-eminent fitness,
their distinguished services in statesman
ship, their ability as jurists and publicists,
and their high character and recognized
worth. To such stations the greatest of
our men might aspire and feel that they
were looking forward to the Hottest gift
in the power of the nation to bestow. To
such Court the type of men represented
by the eminence of Jay, Marshall, Kent,
Clay, Webster, Adams, Douglas Edmunds,
Sumner, and others of that order of in
tellect, would be promoted. 1t would be
body Of the greatest dignity and would
command the profoundest respect through
out the civilized world.
Mr.. Hale suggests that such tribunal
would attain such high standard that it
would probably be called upon by other
nations to act as a Board of Arbitration
for them He would have the Judges
highly salaried and their expenses paid
with liberality, the cost being so divided
that it would be very light upon each of
the Governments entering into the Gre
alton of the Court. 1t should sit at the
capitals of all the nations in order, and
before it every nation in the league should
have the right by its counsel to appear
and argue its cause. He adds that the
members of such a Court would apply
themselves to the study of international
law ard the ascertainment of exact justice
between nations, and we should thus soon
have a new and priceless literature upon
the law touching all questions that are
now settled by diplomacy, strength, threat,
war or arbitration.
The ''idea" of Mr.. Hale strikes us with
great force as one of exceeding value and
entirely possible of easy accomplishment
We do not, however, concur in the sugges-
ton Of The eminent scholar that two mem
bers of such a Court should be chosen from
non-American nations His idea is that
such men would look upon all questions
presented with perfect freedom from local
prejudice, which must to some extent in
fluence the purest and the sternest of men.
But we apprehend that American jurists
and statesmen would ,landle all questions
to the satisfaction of the American people
that might be submitted to them in the
capacity indicated. Nor is there good
reason, in our opinion, for the further sug-
gestion of Mr.. Hale that such tribunal
would not have behind it other than moral
force to sustain its DEGREES As we look at
it, it would have behind it the physical
force of the majority of the nations inter
ested in such decree. That is to say, if
each of the nations appoint one Judge, and
a decree is made by majority vote of the
Judges, the nations they represent would
be bound by every dictate of justice to
stand behind the enforcement of the de-
cree, with even physical arms, if need be.
War is the last resort always, or should
be, and this Court would therefore Justify,
as no other action or body could, such re-
sort 10 arms as might become necessary.
But this necessity we do not believe
would arise As a peace promoter such a
tribunal as the High Court of the Ameri-
cas- would fill, to the American tons,
precisely the place that our Supreme
Court Of the United States occupies to-
wards the several States of the Federal
Union. The highest Office of statesman-
ship is to prevent, rot to promote physical
struggles between peoples. It would,
therefore, beft craftsmanship to favor
the establishment Of some such tribunal