The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-12
A READY TRIBUNAL.


tons Now. here at home. and among our
selves. we are better prepared. When Mas
sachusetts and Rhode Island had an intri-
cate quarrel. fifty or more years ago. about
the boundary which makes the southern
line OF one State and the northern line of
the other, there was high court arranged
by the wisdom of 1883, ready to sit in lust
such controversies and to decide them
Nobody asked and nobody cared whether
one or more of the judges In this high trib-
unal came from Rhode Island or whether
he came from Massachusetts
What everybody knew was that this court
was the best conceivable for the purpose
1t was made from men who had been chos-
en-. in long series of years, in the wish of
those who appointed them to appoint the
best men, The judges sat for life, and were
wholly independent OF everybody's opinion.
Not one man in either State would have
dared say aloud that the Supreme Court.
even Of his own State, was a body as fit to
render an opinion on such a question as
the boundary question as was this high
tribunal, existing already for Just such a
purpose.
Each State had studied its own claims
Those claims ran back to old maps and
drawings beginning in the year 1884 But
neither State pretended, after the decision,
that its own experts could decide this thing
as well as the Supreme Court of the United
States. In truth, as everybody knows, the
United States is nation. because it has
just such tribunal to decide just such ques-
tons.
When Lord Salisbury and Mr.. Cleveland
representing Great Britain and the United
States. had these Venezuelan questions to
Nv
such tribunal before which TO plead. 1t is a
great misfortune that they have no such
tribunal now. The thing you want is not a
court Of arbitration made up with special
reference to this question. You want on the
other hand, a court which everybody al
ready respects. which is not made up for
this question. If you appoint a board OF
arbitration to determine this matter, every
man upon ii knows that he is selected with
reference to this particular case. Angels or
archangels might be excused If they found
IL difficult to maintain an absolute impartial
ity under such conditions. Whether they
found it difficult or TO the people who looked
on would think that they were warped by
one or another prejudice. But when the Su-
preme Court of the United States deter
mined the boundary to which / have al
luded to, nobody once went back to the ante
cedents of the men who made that decision.
1t was a court. 1t was not five separate
men, or seven separate men. The decision
had the value of a court which for fifty
years has been deciding questions impartial
ly. merely upon their merits.
1t is too late now to ask for such court
as this in the case of Venezuela. 1t is only
too certain, alas, that any tribunal which
can be appointed now. meets with the crit
f0fc
world. President CleveIands commission,
being appointed by him, whatever the
weight of character of the individuals or
whatever their former reputation, goes be-
fore the world as what is called an ex parte
commission. This is no fault of HINT is
not the fault of the gentlemen whom he has
selected; it is simply the necessity of such
case. 1t is impossible to suppose that the
world at large has the same respect for any
tribunal appointed by one party as ii has
for tribunal appointed without an consid-
Grafton OF the particular case to be adj
judged.
But it is not too late for the future. The
Venezuela tempest has not been in vain if
it has called the attention of England, of
American. of France and OF Germany, TO
the immediate necessity of appointing a
permanent tribunal" We have had oc-
casion in these columns to urge the neces-
sity of this tribunal before now.
At first, as we have said already, this tri-
bunal would simply have to exist. Its mem
bers would be the most distinguished men
in the world. A seat this tribunal would
be considered the highest honor to be sought
for by students of law or justice. The
six great nations would appoint each
one or two of these justices, the king
doms and states of lesser weight would ap-
point the remainder of the tribunal; and
this tribunal would exist There is no par
allel to it in past history. Past history has
never had occasion, as the united world of
to-day has, for the existence of such
body. But the twentieth century needs it
and will have it.
Such a tribunal, then, let us suppose, ex-
lists Its members, while it exists, are able
to follow the studies which they have loved,
without turning aside to settle this mans
right to a miII-stream. or some question re-
garding a street quarrel in Valparaiso.
They are lifted from such considerations.
for the studies of the history OF the world.
Accordingly. they acquire a knowledge such
as other man in the world can have of
these old settlements which our writers of
to-day looking up in the corners of a
cyclopedia. What did the treaty of Utrecht
-
thousand such questions. loosely handled to-
day by fippant writers, would cease TO be
questions in the minds of the members Of
this high tribunal. And when a question
came before 1t, like that which for while
agitated the civilized world in the middle Of
December. this high tribunal would be a
tribunal which, after argument, would pro-
rouace the decision which the whole world
would infallibly accept.
Ii seems quite certain that the British
Parliament meets with determination to
maintain the honor OF England, Of course,
but with an equal determination that such
sudden hI ricares as have just passed over
the world shall not be frequent. 1t is not
unfortunate for the purpose that in the |
American House of Representatives and in
the House OF Commons in England there is |
at present no narrow margin of any hand |
ful Of voters to be conciliated. Each house |
Is quite independent of the politics of the |
moment, from the simple reason that in |
each there is, on partisan questions. a large |
and predominant majority. That condition |
OF things is the most favorable for the deci- |
sion of ore of the great subjects which really |
ulderlie entirely all the partisan purposes !