The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1897-03-30

ain, but in weeks. and even under the
less inhuman usages of today there |
may be substantial annihilation OF an /
able bodied male population. There |
was an approach to this In the late
Southern Confederacy, and the wea-
pons then in use were as much inferior
to those of 1898 as they were superior
to those of the ahorigines.
Most men fear poverty more than
death. and. under present conditions.
mere interruption of business and loss
of confidence Is widespread ruin Also
the proportion Of destructible and in
destructible property has vastly in
creased. The bombardment Of n rich
city now would probably destroy more
wealth than any city of the same size
contained n hundred years ago.
Meantime the printing press. rail-
way. steamship and telegraph are
bringing the nations nearer together.
Ever increasing millions OF men read.
travel. observe and think Individual
ly and through the agency of syndi-
Gates and trusts hundreds of thousands
of them are investing their money in
foreign lands AS artificial barriers
and the difficulties of time and space
are removed. and as capital. like water.
finds its level. flowing the earth
around. people realize more and more
that nations are neighbors and that
/ imperative self interest demands
neighborhood peace
Private wars belong to past ages.
Modern kings. like the humblest com
moner, bow to the decisions of their
supreme courts Only independent ma
tions still claim right to settle their
disputes by wholesale buteheEy. Is IL
visionary TO predict this harbarous
method can hardly survive the horrors
of another great European war?
Civilized nations consist of law-abid-
ing men. fairly intelligent, just and
| humane, not one in a thousand Of
whom, except as a soldier, ever thinks
of killing his neighbors. Their only
justification for doing so as soldiers is
that while courts protect individuals
| from each other and enforce their
rights and redress their wrongs. no
human tribunal has like jurisdiction
and power over independent nations
If such a tribunal could be establish
ed the excuse for international blood
shed would be removed. Pope Leo
! XIII. advocates exclusion of armies
from national borders. but what rem
edy can a neutral border. a paper
fence. afford for the disputes out OF
which modren wars arise? Meanwhile
the German emperor insists upon in
creasing his army, which would mean
of course, a corresponding increase of
other armies.
The method generally proposed is
arbitration. It's inherent weakness is
that it requires nations. when so ex-
cited and angry that they cannot set
lie their differences by treaty, TO agree
to arbitrate. to agree upon arbitrators
to agree upon issues. TO agree upon the
manner of stating them (often the
strength or weakness of a easel. to
agree upon time, place and methods of
procedure. and to accept as final a de-
cision which is binding only in the
forum OF conscience or on the battle
field The most signal triumph in the
interest of peace, the Geneva arbitra-
ton. was a triumph over difficulties
which would have no existence II
there were a permanent court created
for the adjudication of international
rights and composed of one justice
from each of the great civilized nations.
The pride, true or false, that resents
arbitration as a lowering of national
dignity, would be prompt to demand
the judgment of such a court and
would be irrevocably pledged to abide
the result. Such proceeding would
be hostile, not conciliatory. II could
not be attributed to weakness. meek
ness, parsimony or fear. 1t would en-
list passion and vanity. as well as
nobler motives, to preserve peace. II
would be like other law suits, though
, on a grander scale and before a more
laugust tribunal. A complaint would be
drawn, issues would be framed and this
cause would be tried by two nations
before the nations of the earth sitting
as a legally constituted jury of theii
/ peers.
A man who loses his cause before ar
! irregular tribunal. such as a board oi
arbitrators selected by his opponent
, and himself. almost always feels thai
l he has been outwitted in the selection
: and has been prejudged from the first
r and, as every lawyer knows, the re
I suit is usually complicated and bite
: litigation Does the objection appll
with less force where tens of millioni
! of people are concerned and -wher'
: party politics and a sensational pres
: are sure to misrepresent?
A permanent court, organized with
q, out reference to any particular contro
> yersy. would meet the difficulty o
agreeing upon arbitrators, would in
, spire, as far as human foresight could
: non-political decisions, and, which Il
! quite as important, a general convic
ton that they were non-political. II
importance, dignity and power the Of
! flee of justice would be one OF thu
, highest in the world an office to whicl
the chief justiceship of the Unite'
States or the lord chancellorship o
l Great Britain might be regarded al
! a mere stepping stone, and each natiol
would naturally take great interest am
o pride in appointing its ablest and IL
most incorruptibIe exponent Of inter
, national law.
n The judges should be appointed TO
life, or until they are SIS or 20 year
OF age They should not be permitted
to hold any other Office nor to b.
a candidates for any. AS no nation coul'
claim the honor Of naming the chic
. ~ ba he uhcrId y.