The sun., 1903-01-07
should MIR. Hay Ask Germ any to
Enact the Monroe Doctrine?

should MIR. Hay Ask Germ any to
Enact the Monroe Doctrine?
We give space to another interesting
letter from the esteemed correspondent
who has been discussing the propristy
Of first defining clearly the Monroe
Doctrine and then attempting by diplo-
macy to consecrate the Doctrine in the
international code"
1t is permissible to say that the sigma
ture here employed by this correspond
ent covers a name that denotes expert
ence and carries not little weight in
matters relating 10 what is called inter-
national law.
The ideas and arguments Of Rutgers
will naturally command the attention Of
philosophers everywhere, but particu-
larly in the Department of State at Wash
ington; for the outcome Of his process Of
reasoning is the repeated suggestion
that the Secretary Of State shall now
sound the German Government with
the object Of procuring Germany's as
sent to the formal incorporation of the
Monroe Doctrine in the codified law Of
nations.
He seems to agree with us that the
law Of nations, so called, is a somewhat
vague thing; but. vague or clearly de-
fined he holds that such a code exists,
and that it's existence has frequently
been recognized in the decisions or opin-
iops of our own Supreme Court. He Is
undoubtedly right, so far as the estab-
lishment Of certain principles Of conduct
in peace and war, resting upon the COM
mon consent OF nations or a general
acquiescence in their expediency, but
beyond the Jurisdiction Of any superior
authority to enforce in the legal sense.
can be said to constitute a code OF inter-
nationallaw. Accepting the term inter-
national law in that significance, why,
he inquiries, should there not be an effort
to put the Monroe Doctrine into the
code?
The answer, we are inclined to think.
may b found in distinction which our
learned friend has perhaps overlooked.
and to which he will allow us to invite
his attention.
We refer to the important distinction
between q general principle. based on
abstract right or expediency. and there
fore universally applicable when estab-
lished by the common consent Of the
nations, and . policy adopted by a single
nation or by several nations for It's own
special interests. or their own special
interests.
To illustrate this distinction, there
are subjects plainly belonging to the
frst class; such, for instance, as the inn
munity of Ambassadors. the treatment
Of piracy, the rights Of neutrals and
Of belligerents the effect Of war upon
treaty obligations, the principles Of ar
bitration, the rules Of civilized warfare,
and 30 on. So far as international law
can be said to exist, these are proper
subjects for incorporation by common
consent in an international code
Here are some examples Of the second
class OF subjects OF International interest
which do not properly belong to any so
called code; not because they are less
important, or less distinctly understood,
or lees generally recognized, but because
they are Of entirely different origin and
character:
The doctrine that the neutrality Of
Switzerland shall be respected, and its
territory held inviolate, even under the
strongest temptations Of actual conflict.
BY the stronger Powers surrounding that
small republic:
The doctrine that the independent
sovereignty Of Holland and Of Belgium
is necessary to that hypothetical balance
Of power on which the future peace Of
Europe depends;
The doctrine that no one nation must
be permitted to acquire by force, sell
fshly exerted, a disproportionate COM
mani of the trade with the Chinese
Empire;
The doctrine that the destinics of Tur-
key, technically a sovereign Power and
the peer Of the mightiest, are neither
within its own control nor at the mercy
of any successful assailant from outside,
but in the hands Of trust or syndicate
composed Of certain other sovereign
Powers.
The list might be extended if it were
necessary. Here is class Of doctrines
or rules of international conduct. based
on national policy rather than on alb
stract and universally applicable princi-
piles. Without discussing the merits Of
these doctrines, it can easily be seen that
almost any one Of them might become Of
more vital importance 70 the nation or
nations Immediately concerned than the
whole body Of codided international
law. Again, any use Of them might
come TO he fortified and even tacitly
recognized by the common consent of