The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1893-07-06
A COURT OF NATIONS.
A HIGH COURT or LAST RESORT TO
DETERMINE DISPUTES.

ADJUSTED III the Ruiers Dlu NOT RreteF
Grim and Destructive War to Peace.
Arbitration In Big Affairs.
There is u great deal of carelessness in
certain popular demands for referring
questions between nations to arbitration.
We all know what arbitration is in bust
ness. 1t is a very convenient way of ad-
justing certain questions which arise be-
tween two friends, each of whom wants
to do what is right. but who take differ
emit points of view Of the same subject.
Each of them chooses a man." as the
old New England phrase has it. These
two ''men" choose a third man. All
parties meet together and talk over the
matter, and the court thus made decides.
But for practical purposes we do not
compel every person who has a question
arising with another person to create a
court which is to try that question. Ii a
policeman catches u plckpocket in the
street, he does not appoint one person to
try the pickpocket and ask the pickpocket
to appoint another. while these two shall
appoint a third. III Mr.. Cheeryble in
London is not satisfied with the account
which Mr.. Goodchild in Kansas City
sends him. if Mr.. Goodchild cannot make
MI. Cheeryble understand that account,
they do not appoint q court which shall
determine how much is due and how
much is not due. There is q court ex-
listing to which that question can be re-
ferred and there are processes perfectly
understood by which that court can de-
eide it.
This is n fair enough illustration of the
necessity which now exists that the great
nations of the world shall have a perma-
nent tribunal. before which shall be
brought the important questions which
must arise in the affairs of nations with
each other. It is to be a permanent tri-
bunal. There is not to be one tribunal
about seals and another tribunal about
boundaries and another about extradi-
tlon. There is TO be d tribunal which
shall gradually gain the confidence of
the whole world. and which shall decide
these questions which have been left
hitherto to a vaguepublic opinion and to
what is called the arbitration of war.
Clearly we are approaching nearer and
nearer the creation of such a tribunal.
The greatest success was achieved
when in 1889 ID different nations. here
IN the coast Of the Atlantic, united to
gether and established the supreme court
of the United States. The thing has
worked so perfectly and simply ever
since that we have many readers to
whom it has never occurred that there
were might have been wars between
between Missouri and Iowa, as bitter
and severe as half the wars of the middle
ages in Europe were. There might have
been such wars if it had not been that
the supreme court of the United States
has determined at least a hundred ques-
tions arising between different proud and
independent states and has so deter
mined them that each of the states has
acquiesced in the decision. Nay. it has
SO determined them that half the citizens
of these states did not know that any
such questions existed. Between my own
state of Massachusetts, and the state of
Rhode Island there was q question about
boundaries some 40 or 50 years ago which
was more important than many of the
questions which have thrown European
states into war with each other. The su-
preme our of the United States deter
mined the question, and do not believe
that half the people now living in Mas
sachusetts who were living then ever
knew that there was any such question:
Mt issue.
The six great powers of the world are
the powers who should agree on such a
high court of judicature. to exist as a
permanent tribunal. 1t would be easy
to arrange some system by which it's
judges should be appointed. Perhaps a
good system would be such as is indi-
Gated in the custom which has been
spoken of above. Each of the six nations
might name n of these judges, and the
six judges might nominate six other
Judges, to be approved by a majority of
the high powers forming the court.
At first the new court would have
nothing to do. Everybody would be shy
Of it. but it would exist. 1t would con
Eist of men of the very highest rank who
- hASt2AS 0AEilEA llElilSGtNES DGlOTG Tile
world by their equity and wisdom.
At first the court would meet simply
for its own organization and TO await
the reference to it of questions arising
between great nations. In this period OF
leisure these jurists might well be en-
gagged In ~digesting the international law
Of the world as it exists now and pub
fishing from time TO time their digest.
They might determine certain principles
on which they would rely in the judg-
ments which should eventually be
brought before them. Before long, how
ever, ON real question would be sub
united to them. ' There would arise a
question whether the San Carlos river
WAS . dirty brook running from the
northwest to the southeast. or another
dirty br0ok running from the southwest
20 the northeast. As things stand now,
two armies have to be called out to fight
about the proper definition Of some old
treaty and a thousand good fellows have
10 be killed before we can determine
which OF two dirty brooks is the San
CarlOs.-Edward Everett Hale in New