The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-02
The Rainbow Of Universal Peace.

congratulations upon the favorable recep-
tion Of the scheme Its simplicity, direct
ness, and promise OF working efficiency
have commended 1t at once to all concerned.
The propositions advanced by the repre-
sentatives OF several other powers, includ-
ing Great Britain. are obviously inferior;
tho British plan. indeed. seems by COM
parison so inchoato that 1t has been prac-
tically laid aside already In favor OF the
American scheme. Whatever Is accom-
plished by the Peace Conference in this
department OF mundane amelioration will
have received its first impulse, its general
form, and its clearest definition from this
side Of the Atlantic.
Our Commissioners propose that at least
nine OF the sovereign powers OF the earth
shall join by treaty in the establishment OF
permanent international court to try and
decide disputes likely otherwise to lead to
war. The essential features OF this high
tribunal are briefly sketched in the resolu-
lions submitted on Wednesday.
The nine or more sovereign powers are
each to have one representative upon the in
ternational bench, nominated by the high
est court in each country and holding offioe
for an indefinite term. In the case OF the
United States, for example, the Supreme
Court would select our international Judge.
His term would last until the Supreme
Court at Washington deemed 1t advisable,
for one reason or another, to supersede him
by appointing his successor.
The organization OF the international
tribunal and Its rules OF procedure are to
be determined by its nine or moro men,
bers; and the meeting place Is to vary
according to convenience.
The court is to be always open, not only
| to the contracting nations, but also to other
nations which may desire It's services, al
though not parties to the treaty.
Litigants may elect whether to have
their causes adjudged by the full bench Of
nine or by any smaller number not less than
| three. General expenses are to be borne
| by the nine or more contracting Govern
ments. Outside litigants using the court
| are to be charged for the expenses Of the
| cases they bring The Judges are to draw
salaries only for time when actually en-
| gagged in the duties OF the court. Every
| defeated lltigant Is to have the right, for
three months after first decision, to re-
open the case on account OF newly dlscov-
mitted at the previous hearing.
That Is all the machinery. 1t s simple
and effective. We have reserved to the
last the provisions Of Article w., which
contains the essence OF the proposition:
ANY and all questions OF disagreement may. bv
| mutual consent. be submitted by the nations
cerned to this al tribunal for decision but
every such decision shall be accompanied by an I'm
dertaking to accept the award"
In the words italicized abide the fatal de-
fects Of any scheme, no matter how in
| geniously contrived or deliberately deco
rated with the rainbow hues Of hope, for
| the preservation Of peace among nations
| by means Of an institution analogous to
those upon which civilization depends for
peace and justice as between individuals.
l. By mutual consent. For the effective
| settlement Of differences one party to the
dispute must be able to summon the other
before the court and compel him to abide by
It's decision.
.. May be submitted. AS long as the word
may Is the foundation OF every proposed
scheme Of international arbitration, and
until the word must replaces 1t, 80 long will
the exaggerated hopes Of the dreamers Of
universal peace through the agency Of ar
btration be doomed to disappointment.
1t is common to imagine a tribunal Of ma
tions similar in general way to the courts
before which the people Of all civilized
countries carry their disputes. III posi-
BILE among men, why not possible among
Governments 2" is the question often asked
There is no parallel. The analogy misleads
The indispensable factor that exists in one
| 1. L. L. A..
power OF enforcement.
Behind the courts OF justice In every land
on earth that possesses such institutions Is
sovereign power able and ready to exc
cute the courts DEGREES. Behind the treaty
tribunal OF nations there will be no sove-
reign power. There will be an aggrega-
ton OF Independent sovereignties, it is
true; but the idea Of the Intervention Of a
majority OF these separate soverelgnties to
coerce single sovereignty into accepting
a majority verdict or obeying a majority
decree, involves usurpation on the ono
side and a remuneration on the other alike
inconccivable to the human mind in its
present stage Of political enlightenment.
So the American proposition adds to the
existing appliances for the preservation
of peace nothing more than an admirably
conceived machine. and a moral influence
the exact value Of which experience alone
can determine.
II we could conceive the possibility OF a
general willingness on the part Of the ma
tions at The Hague to surrender sovereign
ty for the sake Of universal peace, and to
agree that must should be put into the
proposed convention instead OF may,
could the decisions and DEGREES of this ex-
allied tribunal then be enforced2 Is there
any way in which the formal agreement in
advance to abide by the courts judg-
ment could be rendered effective, In order
that war might be averted and pacific
settlement assured?
Yes. there is one way. How?
In the answer to that How? the rainbow
disappears.
The decisions Of the tribunal could be en-
forced, and the defeated litigant nation
made to obey, by police duty on the part
! Of the other trpatv natiops Thu ai0ht