The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-08-21

Wnere character 1S at stake, nor Will any Sell
respecting nation readily arbitrate on ques-
tons touching its national independence or
anectlng its honor. Again. nation may
agree to arbitrate and then repudiate It's
agreement. Who is to coerce 1t? Or, having
gone to arbitration and been worsted 1t may
decline to be bound by the award. Who Is to
compel 1t?
These considerations seem to me to justify
two conclusions: The first Is that arbitration
will not cover the whole field of international
controversy and the second that unless ana
bind themselves to coerce recalcitrant men,
Der of the family of nations we have still to
powerful states of the obligations of good faith
and of justice. The scheme of such combin-
alton has been advocated, but the signs of its
accomplishment are absent.
POWER ABOVE FORCE.
Are we then to conclude that force is still
the only power that rules the world? BY no
means. The sanctions which restrain the
wrongdoer-the breaker of public faith. the
disturber of the peace of the world-are not
weak, and, year by year, they wax stronger.
They are the dread of war and the reprobation
of mankind. Public opinion is force which
makes itself felt in every corner and Granny
of the world, and is most powerful in the
communities most civilized. In the public
press and in the telegraph 1t possesses agents
by which its power is concentrated and
speedily brought to bear where there is any
public wrong to be exposed and reprobated.
1t year by year gathers strength as general
enlightenment extends its empire and a
1t has no ships of war upon the seas or
armies in the field, and yet great potentates
tremble before it and humbly bow to it's rule.
Again trade and travel are great 'pacificators
The more nations know of one another the
more trade relations are established between
them, the more good will and mutual in
tereSt grow up; and these powerful agents
working for peace.
But although 1 have indicated certain
classes of questions on which sovereign pow
ers may be unwilling to arbitrate, l am glad
these question:
which most commonly lead to war. Broadly
stated, wherever the right in dispute will be
determined by the entertainment of the true
facts of the case, and where the facts being
ascertained, the right depends the applica-
ton of the proper principles of International
law to the given facts-in such cases the
matter is one which ought to be arbitrated.
The question next arises. What ought to be
the constitution of the tribunal of arbitration?
Is 1t to be a tribunal ad hoe or is it to be
permanent international tribunal? I doubt
whether in any case a permanent tribunal,
the members of which shall be priorf
designated, is practicable desirable. In the
first place, the character of the best tribunal
must largely depend upon the question to be
arbitrated. The interests involved are COM
monty enormous and the forces of national
sympathy, pride and prejudice so search
ing, SO great and subtle that l doubt
whether a tribunal, the membership of which
had a character of permanence, even If solely
composed of men accustomed to exercise the
judicial faculty, would long retain general
confidence, and 1 fear it might gradually as
sumo intolerable pretensions.
There is danger, too, to be guarded against
from another quarter So long war re-
mains the sole court wherein to try 1nterna-
tional quarrels, the risks Of failure are so
tremendous and the mere rumor of
paralyses commercial and industrial life that
pretensions wholly unfounded will rarely be
advanced by any nation; and the strenuous
concerned or not, will be directed to prevent
war. But If there be standing court of
tions, to which any power may resort, with
10 onct nd No
strong to put forward pretentious and un-
founded claims, in support of which there
may readily be found, in most countries lcan
we except even Great Britain and the United
States?) busybody jingoes only too ready to
air their spurious and infammatory patrio-
tism.
There is one influence which by the law of
nations may be legitimately exercised by the
powers in the interest of peace-I mean me-
diation.
Mr. President, l began by speaking of the
two great INSTRUMENTATION and British
of that English-speaking world which you and
l represent today, and with one more refer
ence to them | end. Who can doubt the in
huence they possess for insuring the healthy
progress and the peace of mankind? But If
this influence is to be fully felt they must
work together in cordial friendship, each peo-
pie in it's own sphere of action. If they have
great power, they have also great RESPONSE
bility. No cause they espouse can fail; no
is, in large part, theirs. They have the
making of history in the times that are to
come The greatest calamity that could be-
fall would be strife which should divide them
Let US pray that this shall never be. Let us
pray that they, always self respecting, each
In honor UNFOLDING its own flag, safeguard
the rights of others, each in it's own way
fulfilling its high national destiny, shall yet
work in harmony for the progress and the
peace Of the world.
At the close of Lord RusselPs adj
dress, the vast audience rose to it's
feet, and applauded and cheered him
to the echo. The demonstration lasted
fully fifteen minutes. A large number
or persons focked to the platform
and shaking hands with Lord Russell
heartily congratulated him on his mas
terly address. On motion of Edward
J.. Phelps, of Vermont, seconded by
James G. Carter, Of New York, the
thanks of the association were extend
ed to Lord Russell for his luminous
and eloquent address. Gen. E. F. Bull
lard, of New York, offered the follow
ing, which was adopted:
Resolved, that the American bar as
ISOLATION concurs with the principles
enunciated in the eloquent address of
Lord Russell, and be it further
Resolved that it be referred to the
committee on international law to
recommended such further action as
shall be deemed proper to forward the
great cause of International arbitra-
ton.
The association then took up routine
business. Reports of standing commit
tees were submitted by Chairman SEN
ator Gray, of Wilmington. Del. for
jurisprudence and law reform; Robert
d. Benedict, Of New York, for judicial
administration and remedial proceed
ure; Henry c. Tompkins, of Mont
gomery, Ala, for commercial law:
Everett p. Wheeler, of New York, for
international law. which included
adoption of resolutions which resolved
that the American Bar association
concurs In the resolution adopted by
the American conference on interna-
uonai arbitration at Washington. d.
T., April ", 1885,, and that a COPY of
these resolutions be transmitted to the
president of the United States and to
the secretary of state'' In the section
Of legal education, Hon. J. Randolph
Tucker, of Washington, and Lee Uni
verslty, read paper on the Best
Training for the American Bar of the
Future
LEGAL HISTORY.
At this evenings session of the Bar
association, Montagu Craekenthorne
read a very able paper on 1.-THE Use Of
Legal History" Mr.. Crackenthorpe be-
gan his address by paying a strong
compliment to the standard of legal
education in the United States, of which
he said:
Your standard of legal education is a very
nign one, higher indeed than it is in nv
own country. II l am not misinformed YOU
have In the United States seventy-fve law
schools. of which sixty-fve are associated
with universities. The reputation of at least
one OF these has attracted the attention of
europe In London, although 1t is the capt.
TAI OF an empire and a central state of JUS
tice, no such advantages are to be had
We have, indeed. council of legal educa-