The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-09-08
A PERMANENT TRIBUNAL.

! "a pIGCl1CAU1c pau lCE SStI1lUS COli-
troversy between America and ENGLAND
{ that is what men want.
It would nol volve half the Difficult
ties which surrounded the creation Of
the United States supreme court, but
these difficulties were surmounted, and
that high tribunal now keeps the peace
between 45 states.
The definite question most interest
ing is this: VII you have permanent
tribunal which may be called together
whenever it is wanted or will you Gre
ate new court whenever you have a
| question, as you did in the Alabama
case or when you tried to save the seals
in the north Pacific?
The New York Bar association, in
the able memorial which it presented
to the president, blocked out an intelli-
gible and simple plan for a permanent
tribunal. 1t has the merit that it can
be readily set a-going. 1t can begin,
and after it has begun it is SO elastic
most of it's own problems.
Suppose that the five great powers Of
Europe and the four great powers Of
America looked with favor On such a
plan. The Bar association proposes that
the highest court of appeal in each na-
tion shall appoint one jurist from its
own number to sit at the international
court These nine gentlemen would
meet-one American, one English man,
one Russian, one Frenchlnan, one Ger
man, one Austrian, one Mexican, one
Chilean, one Brazilian. They would or
ganize themselves as court. They
would appoint their secretaries, mar
shals and other officers. AS bright
man said at a meeting where the plan
was brought forward in New York,
.'They would hang out their sign. y
Whatever nations wanted justice could
come and have it.
Suppose the nations named had
agreed to the formation Of such court.
Suppose Spain and Portugal bad quar-
rel. Here would be at hand an impair
tial tribunal, ready to hear both sides
and give fair decision.
In contrast with this the rather vague
but rather popular plan Of which one
hears every day proposes in general
arbitration. This means that Spain
would have one judge, sure to decide in
her favor; Portugal would have one.
sure to decide against Spain, and the
two would name supposed impartial
third. He would really decide the case.
In contrast to this the Bar association
proposes a permanent tribunal, as I'M
partial as it can be made.
The Mohonk conference went square
" to work to discuss the difficulties ct
this or similar plans.
It was urged with q good deal Of
force that no such court would have
enough to Go. It was said that in 100
years only II quarrels have arisen be-
tween England and America anc that
that number is larger than would arise
in century between Us and any other
power. 1t was implied that we need not
distress ourselves about other contro-
versies than those arising between us
and England.
70 this rather vague suggestion the
fair answer is this: Little harm will
follow if at first every nation is little
shy of the new tribunal. Let it show
what it can do. When a great case
comes, its machinery will have been
tested. This is certain-that many cases
will be brought before it which do not
Justify the clumsy and costly system OF
arbitration like that Of Halifax or
that of Geneva. Diplomacy will only
be too glad to have court like this,
which can call and hear witnesses, can
listen to argument, and can decide at
once in cases which now toll on for
years perhaps and have to be studied
up anew by each new incumbent of Of
fee and by the officers Of administra-
tion to whom such cases are in practice
remanded. Judicial questions are best
decided by judges. The pathetic and
ludicrous farces which we call ecclesias-
tical courts sufficiently illustrate the
danger of unprofessional tribunals
1t is very desirable that the agree
ment on which such court shall be
formed shall not bean agreement linn
tied to two nations only. II England
and America made court, it would be
evenly divided between men conscious
themselves that they carried the preju-
dices of birth into their decisions. But
if England, America, France and Ger
many would join in the invitation pei
ther nation would have a controlling
voice in it's counsels More and more, as
tine went by, and as its practice ma
tured in experience. wcald it attain the
catholic or cosmopolitan character
which the world expects in its decisions
The Belgian plan, offered by Mr.
Hodgson Pratt to the Mohonk confer
ence, proposes that the judges shall sit
for three years only. This limitation
seems to Us unfortunate. The tribunal.
when it exists, has to win its spurs and
to earn respect in face of continual ad-
70 ,,,o1,, hcrS rOnct ne