The Providence news. (Providence [R.I.]) 1891-1906, 1896-08-20
NOTABLE EVENT,
Lord Chief Justice Rus
sells Great Speech
Before American Bar AssOci-
alton at Saratoga.
international Law and How ii Re-
lateS to Arbitration.


sion OF the 10Th annual meeting of the
american Bar association today was
made notable by the forclble address of
Lord Chief Justice Russell of England on
international Law" The noted jurist
opened his address by acknowledging
the honor done him by inviting him to
address American lawyers. Though
we represent political communities.
which differ widely in many respects
he said, we yet have many things in
common. We speak the same language;
we administer laws based on the same
5uridical conceptions; we are co-heir in
the rich traditions of political freedom
long established: we belong TO the same,
though mixed. racial family, combining
at once territorial dominion. political in
fiuenee and intellectual force greater
than history records in the~case of any
other people" An abstract OF Lord Rus
sells address follows:
The English speaking peoples, mas
ters not alone of extended territory, but
also OF mighty commerce, the energy
and enterprise OF whose sons have made
them the great travellers and colonizers
OF the World-haVe interests 10 safeguard
In every quarter OF ii, and therefore, In
an especial manner, 1t is important TO
tnefn lndI the Iuieb WHICH BONtIn the
relations OF states inter sc should be well
understood, and should rest on the
solid bases Of convenience, OF justice and
OF reason.
/ call the rules which civilized nations
have agreed shall bind them in their con-
duct inter sc, by the Benthamite title,
'IUteTnational law" And here, Mr..
President, on the threshold OF my sub
iect find an obstacle in my way. My
right so TO describe them is challenged.
IT is said by some that there is no inter-
national law. and that there is only
bundle, more or less confused of rules 10
which nations more or less conform, but
that international law there is none.
Mr.. Russell reviewed at great length
the relations OF law to the history OF the
two nations, quoting numerous decis-
ions which have formed some of the most
important precedents. Coming to the
consideration of what characterizes the
later tendencies of international law, he
said II was, In a word, their greater
humanity.
When Menelik, Emperor Of Abyssinia.
was recently reported to have cut off the
right arms and feet Of 500 prisoners, the
civilized world felt thrill OF horror.
Yet the time was when TO treat prisoners
as slaves and permanently to disable
them from again bearing arms, was
regarded as common incidents OF bel
hScTtnt capture. Gutu dilo WOhlu OilNt
have excited no more indignation than
did the inhumanities Of the African slave
trade before the days of Clarkson and
Wilberforce.
A bare recital of some OF the important
respects in which the evils of war have
been mitigated by more humane customs
must suffice. Amongst them are.
G) the greater immunity from attack
of the persons and property of enemy
subjects in a hostile country; CD the re-
strictions imposed on the active opera
tions of a bellgerent when occupying
on enemy's country; CD the recognized
distinction between subjects of the
enemy. combatant and non-combatant;
(4) the Difference accorded 10 cartels, safe
conducts and flag of truce; (5) the pro-
lection secured for ambulances and
hospitals and for all engaged in tending
the sick and wounded-of which the
Geneva Red Cross convention Of 1864 is
notable illustration; (6) the condem-
nation of the use OF instruments of war
fare, which causes needless suffering.
In this field of humane work the United
States took a prominent part.
Even more important are the changes
wrought in the position OF neutrals in
war times; who, while bound by strict
obligations of neutrality, are in great
measure left free and unrestricted in the
pursuit OF peaceful trade.
But in spite OF all this, who can say
peace? There is war in the air. Nations
armed TO the teeth prate OF peace. but
there is no sense Of peace. one sovereign
burthens the Industry of his people 10
maintain military and naval armament
at war strength. and his neighbor does
the like and justihes it by the example
o. the other; and England, insular
though she he, with her imperial inter
ests scattered the world over. follows.
or Is forced to follow, in the wake. IL
there be no wsr, there is at best an armed
peace.
"Ah when shall all mems good,
BE each mans rule, and universal peace,
Lie, like shaft of light across the land"
1t is no wonder that men--earnest
men-enthusiasts IL YOU like, impressed
with the evils OF war, have dreamt the
dream that the millennium Of peace
might be reached by establishing uni
versal system OF international arbitra-
tion.
The cry for peace is an old world cry.
II has echoed through all the ages. and
arbitration has long bcen regarded as
the handmaiden OF peace. Arbitration
has, indeed. venerable history Of its
own. According 90 Thucydides. the his
torian of the PeloPonnesian war. Archi-
damus, King OF sparta declared that 1T
was unlawful 60 attack an enemy VINO
offered TO answer FOR his acts before q
tribunal OF arbiters."
timent OF peace and i'm favor OF arbitra-
ton, as the alternative for war. is grow
Ing apace. How has that sentiment told
on the direct action OF nations? How
far have they shaped their policy ac-
cording TO its methodist The answers
70 these questions are also hopeful and
Encouraging Experience has shown
that over large area international DIFF
ferences may honorably, practically and
usefully be dealt with by peaceful ar
bitrament. There have been since 1915
some go Instances OF effective intcrna-
tlonal arbitration. To 81 OF these the
United states have been n psrty. and
Great Britain 90 some 20 Of them.
Mr. Russell recited the efforts made
from time 60 time 10 establish tribunals
OF peace, stating that In the introduction
ot arbitration clauses into treaties. the
United States appeared in the van. Con-
tinuing. he said:
But are We thence TO conclude that