The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-08-21


the Judges and writers of the United States
have played in the development of interna-
tional law. Story, Kent, Marshall, wheaton,
Dana, Woolsey, Halleck and Wharton, among
others, compare not unfavorably with the
workers OF any age in this province OF Jurls-
prudence.
International law, them is my subject The
necessities of my position restrict me to. at
best, cursory and perfunctory treatment
OF it.
propose briefly TO consider what is inter
national; its. sources; the standard-the
ethical standard-to which it ought to con-
form; the characteristics of its modern tend
encies and developments, and tEen to add
some, think, needful words on the question,
lately so much discussed, OF international
arbitration
call the rules which civilized nations have
agreed shall bind them in their conduct
interse by the Benthamite title, international
Law"
Upon the subject of arbitration the Lord
Chief Justice continued:
II is obvious, therefore, that the sentiment
Tor peace and in favor OF arbitration as the
alternative for war is growing apace. How
has that sentiment told on the direct action OF
nations? How far have they shaped their pol
icy according to its methods? The answers to
these questions are also hopeful and encourag-
ing.
Experience has shown that over large area
international differences may honorably, prac-
tically and usefully be dealt with by peaceful
arbitrament. There have been since 1915 some
sixty instances OF effective international arbi-
tration. To thirty-two of these the United
States has been party and Great Britain to
some twenty of them.
There are many instances also of the intro
5uctiO0 of Ri traf tim plquSnS intO trpatieg
Here again the United States appears in the
van. Among the first of such treaties-if not
the very first-is the Guadaloupe-Hidalg
treaty OF 1S4S between the United States and
Mexico. Since that date many other countries
have followed this example
In the year 1878 Signor Mancini recon-
mended that In all treaties to which Italy was
a party, such a clause should be introduced.
Since the treaty of Washing ton such clauses
have been constantly inserted in commercial,
postal and consular conventions. They are to
be found also in the delimitation treaties OF
Portugal with Great Britain and with the
Congo Free State made in 1891. In 1895 the
Belgian Senate, in a single day. approved of
four treaties with similar clauses, namely,
treaties concluded with Denmark, Greece,
Norway and Sweden.
There remains to be mentioned a class of
treaties in which the principle of arbitration
treaties of 1888 between Switzerland and San
Salvador, of 1888 between Switzerland and
Ecuador, OF 1883 between Switzerland and
the French Republic and of 1894 between
Spain and Honduras respectively contain an
agreement TO refer all questions in difference,
without exception, to arbitration. Belgium
has similar treaties with Venezuela, with the
Orange Free State ana with Hawaii.
These facts, dull as is the recital of them,
ful1 nf int q flf
But are we thence to conclude that the millen-
mum of peace has arrived-that the dove has
returned 10 the ark sure sign that the waters
OF international strife have permanently sub
sided?
1 am not sanguine enough to lay this fatter-
ing JUNCTION to my soul. Unbridled ambition
thirst for wide dominion-pride of power still
hold sway, although believe with lessened
force and in some sort under the restraint of
the healthier opinion OF the world.
But further, friend as I am of Peace, would
yet affirm that there may be even greater ca
lamities than war-the dishonor of a nation,
the triumph of an uprighteous cause, the per-
petuation OF hopeless and debasing tyranny:
War is honorable,
In those who do their native rights maintain:
In those whose swords an iron barrier are,
Between the lawless spoiler and the weak;
But is, in those who draw the offensive blade
For added power or gain, sordid and despicable.
In conclusion Lord Russell said:
Mr.. President. come to an end. have but
touched the fringe of a great subject. No one
can doubt that sound and well-defned rules
of international law conduce to the progress
of civilization and help to ensure the peace of
the world.
In dealing with the subject of arbitration,
have thought it right to sound note of eau
ton, butt would, indeed be reproach TO our
nineteen centuries of Christian civilization, if
there were now no better method for settling
international differences than the cruel and
debasing methods of war. May we not hope
that the people OF these States and the people
of the Observation-Disclosures peoples-may, in
this matter, set an example of lasting infu.
ence TO the world?
We boast of our advance and often look back
with plying contempt on the ways and man.
ners OF generations gone by. Are we ourselves
without reproach? Has our civilization borne
the true marks? Must it not be said as has
been said of religion itself, that countless
crimes have been committed in its name?
Probably it was inevitable that the weaker
races should, in the emo, suecumb, but have
we always treated them with consideration
and with justice? Has not civilization too
often been presented to them at the point of
the bayonet and the Bible by the hand of the
flibuster?
And apart from the races we deem barbarous
is not the passion for dominion and wealth
and power accountable for the worst chapters
of cruelty and oppression written in the
worlds history? Few people-perhaps none
are free from this reproach. What. indeed is
true civilization? By its fruits you shall know
it. 1t is not dominion, wealth, material lux
ury; nay, not even great literature and edu-
cation widespread-good though these things
be. Civilization is not veneer; it must PEN
citrate to the very heart and core of societies
of men.
Its true signs are thought for the poor and
suffering, chivalrous regard and respect for
woman. the frank recognition of human
brotherhood, irrespective of race or color or
nation or religion, the love of ordered freedom,
adherence of what is mean and cruel and
vile, ceaseless devotion to the claims of Justice
Civilization in that, its true, its highest sense
must make for peace. We have solid grounds
for faith in the future. Government is becom-
ing more and more, but in no narrow class
sense, government of the people by the people
and for the people.
Populations are no longer moved and
maneuvred as the arbitrary will or restless
ambition or caprice of kings or potenlates
may dictate, And although democracy is s1b-