The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-08-21
law THE MENUS OF NATIONS.
--,ntInued Lon - -

--= learn the lesson that WISDOM anu
-.--s in policy are stronger security
..r weight of armament
....5t when shall all mems good
--e.1 mans rule. and universal peace
IL IKE a shaft Of hight, across the laho-
no wonder that men-earnest men
.---1sfasts, If you like, impressed with
-,.-s OF war, have dreamt the dream
-. M Millennium Of Peace might be
s he'd by establishing universal sys-
.-~8 If International arbitration.
'------ crv for peace is an old world cry.
w. -ss echoed through all the ages, ana
--5--7rl0n has long been regarded as the
Ts-5-naiden Of peace. Arbitration mas
--zs4 a venera BILE history OF Its own.
,..arliug TO Thucydides, the historian OF
- paloponnesian war, Archldamus, King
- --,r-4 declared that lit was unlawfaI
s--ack an enemy who offered TO an
- Tor his acts before a tribunal Of ar
b.ters. ,--...- - ,++or,r,+,.7
.-,f-reuces for agreement upon questions
t,-srnat fonal interest, he observed that
y, ..4med eminenty desirable that there
-1,r8 be some agency, by which MEM
- nj the great representative and leg
-t,-s bodies of the world, interested in
.5,. f,r-reaching question should meet on
.,r,r7on ground and discuss the basis
Tor common action.
ssIKffn his object there mas IeCCnNly D6GA
s.r5sd The Permanent Parliamentary
11,ar,r,itree in favor of Arbitration and
pssrs' or. as it is sometimes called The
+sr-pa~liamentary Union" This union
l ornament OrganiZation-rts office
- Rerne. It's members are not vain
t3palists. They are men of the world. They
a, not claim to be Tegenerators OF man
Kind. nor do they promise the millen-
,lurn but they are doing honest and use
IN work i'm making straighter and less diff
frult the path of intelligent progress.
..I,vperience has shown that, over large
o~s. unconditional differences may honor
abIv' practically and usefully be dealt with
NV peacef full arbitrament. There nave been
since 1915 some sixty instances OF euec-
i've International arbitration. To thirty
fvr, of these the United States have been
q marty and Great Britain to some twenty
..There are many instances also of the
Introduction of arbitration clauses into
treaties Here again the United States
appear in the van.
He cited many instances of treaties for
the preservation Of peace by arbitration,
and remarked on their interest to the stu
dent and to the world.
But" he asked, "are we thence to con-
clude that the millennium Of peace has
arrived-that the dove has returned to
the ark, sure sign that the waters
of International strife have permanently
subsidized?
Il am not sapguine enough to lay this
fattering JUNCTION to my soul. Unbridled
ambition-thirst for wide dominion-pride
of power still hold sway, although 1 be-
lieve with lessened force and in some sort
under the restraint of the healthier opin-
ion of the world.
But further, friend as I am of peace,
! would yet affirm that there may be even
greater calamities than war-the dishon-
or Of a nation, the triumph of an I'M
righteous cause, the perpetuation Of hope
less and debasing tyranny:
war is hnorable,
In those who do their native rights main
tain;
In those whose swords an iron barrier
are,
Between the lawless spoiler and the weak;
But is, in those who draw tn offensive
For added power or gain. sordid and des-
picable."
I'm private litigation the agreement t.
refer is either enforceable as a rule of
court, or where this is not so, the award
gives to the successful litigant a sub
stantive cause of action. In either case
there is behind the arbitrator the power
of the judge to decree, and the power of
the executive to compel compliance with
elaborate rules of court and provisions
of the legislature governing the practice
Of arbitrations. In fine, such arbitration
is mode Of litigation by consent, gov
erned by law, starting from familiar rules
and carrying the full sanction of judicial
decision. International arbitration has
none OF these characteristics. 1t is a car
dinal principle of the law of nations that
each sovereign power, however politically
weak, is internationally equal to any other
political power, however politically
strong. There are no rules of interna-
uonal law relating to arbitration, and of
The law itself there is no authoritativ
exponent nor any recognized authority for
It's enforcement" In individual disputes.
ne said, there is a power behind the arbi-
Ter TO compel obedience to its dictates.
nut who shall coerce a nation? This diff
Guilty must be met by force Of educated
puolc opinion, the dread of war, the dis
inclination to disputations, by reason of
friendly relations that grow up between
people becoming better acquainted with
edch other, and more closely drawn tn
each other by commercial intercourse.
The question next arises what ought
10 be the constitution of the tribunal of
drDltratlon. Is 1t to be a tribunal ad hoe.
or is 1t to be permanent international
tribunal? 49,
1T may be enough to say. that at this
a permanent tribunal is not ripe for prac-
ucal discussion, nor will it be until the
majority of the great powers have given
IN their adhesion to the principle. But
Whatever may be said for vesting the au-
thorlty in such powers to select the arbi-
uators, from time to time, as occasion
may arise, doubt whether in any case a
permanent tribunal, the members of
winch shall be a priori designated, is prac-
ucable or desirable.
mere is danger, too, to be guarded
against from another quarter So long as
war remains the sole court wherein to try
International quarrels, the risks of failure
dIe so tremendous, and, the mere rumor of
war so paralyses commercial and indus
lilaI llfe, that pretensions wholly unfound-
eu VIII rarely be advanced by any nation.
ana, the strenuous efforts of statesmen.
|hether Immediately concerned or not. will
oe directed to prevent war But if there
pe standing court of nations, to which
any power may resort, with little cost and
no risk, the temptation may be strong to
PUT forward pretentious and unfounded
oIalIns' in support of which there may
readily be found, in most countries. (can
we except even Great Britain and the
Chlted StatesO busybody jingoes only too
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