New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-21
RUSSELL'S PLEA FOR PEACE.
THE LORD CHIEF JUSTICES ADDRESS
BEFORE THE BAR ASSOCIATION.
INTERNATIONAL LAW AND THE GROWTH OF IN
TERNATIoNAL ARBITRATION GRAPHICALLY
Observation-Disclosures BY MoNTA-
CUE cRACKANTHoRPE AND
OTHERS AT SARATOGA


CUE cRAcKANTHoRPE AND
OTHERS AT SARATOGA
Saratoga, " Y. Aug 20-No warmer grees
ing was ever paid to sny speaker in Saratoga
than that accorded Lord Russell. Chief Justice
Of England when he entered Convention Hail
at 1925 o'clock this morning TO address the
American Bar Association in their rineteenth
annual convention here assembled. The ap-
pause long continued. He was greeted
by audience Of 4,5OO persons. His Lordsnip
and Sir Frank Lockwood were escorted to tho
platform by President Storey. OF the Bar Asso-
citation. On the platform were already assem-
bed Judge Rufus Peckham. Attorney-Generai
| Harmon. Judge Bartlett, Of the Court OF Ap-
peals; Cortlandt Parker United States District
| Court Judge Coke. ex-Congressman J. Randoiph
| Tucker Of Virginia; Henry Hitchcock, W. Al.
len Butler. Edward j. Phelps, ex-Minister 10
England; Everett p. Wheeler. James c. Carter,
Nathaniel Shipman Bishop John =. Newman
and Montague Crackanthorpe. Just under the
gallery sat Colonel Ingersoll. 1t was exactly
1890 o'clock when President Storey stepped to
the front of the platform and introduced tho
distinguished jurist. He said:
| have now the very great pleasure, not OF In
troducing-for he needs no Introduction 10 any any
Lord Russell of Killowen. The Lord Chef Justice
OF England. who will deliver the annual ADDRESS on
| international Arbitration"
AS Lord Russell stepped forward the eudi-
ence broke into applause, which continued for
fully minute.
Throughout the delivery OF his paper, which
was more of an address, than forensic effort,
the closest attention was given by the audience.
Lord Russell spoke easily impressively ana
with great force. There was no gestculation.
He stood easily, behind a high desk with MS
hands firmly grasping the sides. and read his
address In even convincing tones frequently
punctuated by applause He wore black Prince
Albert coat white waistcoat and light trousers.
LORD RUssELLS ADDRESS.
Lord Russell spoke follows:
Mr. President: Ny first words must be In ao-
Acknowledgement of the honor done me by inViins
me TO address you on this interesting OCCASION
You are congress of lawyers of the United states
met together TO take counsel. in no narrow spirit
on questions affecting the interests OF your proies-
sion. 70 consider necessary amendments In the law
which experience and time develop and to ex-
anime the Of judicial decision and OF iegis-
lation, State and Federal and whittier that cur
rent tends. l. on the other hand. come from tho
judicial bench of distant land. and yet l DO
not feel that I am stranger among you' nor 90
YOU | think regard as a stranger. Though
we represent political communities whicn diler
widely In many respects, In the structure OF their
constitutions and otherwise. we yet have many
things In common.
laws bas on the jurdical conceptions We are
co-heirs in the rich traditions of political freedom
long established. and we enjoy In common a ntera-
ture the noblest and the purest the world mas
known-an accumulated store OF centuries 10 whicn
YOU on your part, have made generous contribu-
tion Beyond this the unseen "crimson thread OF
knshp stretching from the mother Islands 10
your great continent, unites us, and reninos us
xeS raea s9de ams indeed the
to-day present Is unique. we represent tno
Occupying large space OF the surface OF the
earth-made up of races wherein the blood OF ceit
are mingled and fused into an aggregate power
held togeher by the neXus Of In
fuence and intellectual force greater than history
IN the Il any among oe which
gest the theme on which desire to address you
peoples n %asers ,sby hot sSn.
Of extended errtory put also Ht a Snss snns
have made them the great travellers and colonzers
of hs Of aa iE % @ IN
II is important them that the rules which govern
stood and Should rest on the solid basis Of con-
venence OF justice and of reason. one other con-
tect l knew 1t was one which could not fail. even
GARD wh Just prde the part which the judges
and writers of the United States have played in
Marshall Wheaton. Dana Wooisey. iaileck and
Wharton, among others. compare not unfavorably
with the workers Of any age In this province OK
International Law, then, is my subject The ne
cursory and perfunctory treatment OF it, l propose
sources: the standard-the ethical standard-to
which it ought TO conform; the characteristics OF
to add some l think. needful words on the Ques-
tion lately so much discussed of international ar
btration
INTERNATIONAL LAW DEFINED.
bav
agreed shall bind them in their conduct inter Sc,
by the Benthamite title. international law" And
here. Mr. President. the threshold OF my SUBJ
ject find obstacle In my way. Ny right so 10
describe them is challenged. II is said by some
that there is international law. that there Is
only a bundle, more or less confused. Of rules to
which nations less conform. but that in-
ternatona law there is none. The late Sir James
F. Stephen takes this view in his History OF the
Criminal Law of England" and in the celebrated
Francona Oo which ! shall hereafter have
occasion to allude) the late Lord Coleridge speaks
in the same sense He says: Strictly speaking
international law is an inexact expression, and
It is apt to mslead II its nexactness is not kept
in mind. Law implies lawgiver and a tribunal
capable OF enforcing It and coercing it's ransgres-
sors." Indeed it may be said that. with few ex-
ceptions, the same note is sounded throughout
the judgments in that case. These views II will
at once be seen. are based the definition OF law
by Austin in his Province OF Jurisprudence De-
tcTHilHeu, Namely tndt a law Is the command OF
a superior who has coercive power TO compel
obedience and punish disobedience But this deflni-
ton is too narrow; 1t relies too much on force as
the governing Idea II the development OF law IA
historically considered. It will be found to exclude
that body OF customary law which In early stages
OF society precedes law, which assumes dennitejy
the character OF positive command coupled with
punitive sanctions. But In societies In which
the machinery exists for the making Of law In the
Austinian sense. rules customs grow up which
are laws In every real sense OF the word as for
example, the law merchant. Under later develop
ments or arbitrary power laws may be regarded
"a
power in Austns sense: Quod placuit princpi
leeis vigorem habet. In stages later STILL gov
or hpnnrnas mo n rnfic rasf.