Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-03
THE HAGUE TRIBUNAL
It's Influence Toward Preserv-
ing the Peace.
ENDING OF DISPUTES
SOLICITOR PENFIELD ON THE
GREAT INTERNATIONAL COURT.
Controversies That Will Naturally Be
Referred to Arbiters-A Triumph
for the People.
ENDING OF DISPUTES

g,llar composition It was made up, as all
tribunals Of like character should be, ex-
clusively of subjects Of states disinteresteo
in the controversy. No higher proof was
needed in the justice Of its case recently
before the court on the part Of the govern
ment of the United States than by its offer
to submit to court thus constituted.
Then, again. 1 was much impressed with
the fact that the selection Of the arbitrator
by the litlgant states from the permanent
panel Of sixty-eight members, who had been
appointed by the signatory states OF The
Hague convention. was on the sole ground
of their fitness for the function Of arbttra-
tors. Then, again, the promptness with
which the case was taken up heard and de-
cided, could not fail to impress even the
most casual observer. A short period Ior
this purpose had been limited by the pro
tocol, but the maximum period allowed TOT
the hearing and discussion was shortened
by two months through the active dillgence
and study Of the case In all Its details DJ
the arbitrators.
I'm international arbitration time Is the
essence of justice, and in such cases delays
are dangerous as they are sure to bring
reproach. No time should be left Tor the
action and ter-action Of subtle inhu-
ences. When the minds Of the arbitrators
are Immediately and intensely occupied
with the mastery Of the case. and the an
nouncement Of the decision follows quick
upon its emergence in the enlightened con-
science Of the court, the judicial function
accomplishes its work. There Is then lcft
no possible ground Tor lmputatlon or ooupt
that the decision, whatever 1t may be, ex-
presses any other than the sincere con-
victions Of the court. And this public esti-
mate Of the court Is necessary to sustain
Its reputation as a tribunal that invites and
justifies the confidence that the decision OF
any controversy may safely be intrusted to
it's deliberations.
Contribution to Harmony.
1.-THE Hague court will contribute to the
harmonious development Of international
law This will naturally result from the
establishment Of the permanent court Tor
the determination of international contro-
versies. It may be expected that Its decl-
sions Will have a degree Of consistency
which has been wanting to the decisions OF
special tribunals, created for the purpose
Of deciding particular cases. and whose
members were appointed not always be-
cause Of their impartial temper. but some
times because they were believed to nave
a particular bias. This Is made imprac-
ticable by the method prescribed for the
composition Of The Hague court, for the
members of the panel from which the court
Is made up were appointed by the sigma
tory states. Of The Hague convention IN
advance Of and without regard to any par
ticular controversy. Their decisions may
therefore be expected to command degree
Of respect and to carry an authority which
have not been conceded to the more or less
inconsistent decisions of special tribunals
1t will command confidence by reason of
its permanence Of character and the method
of Its composition
LAS an arbiter and pacifcator Of disputes
between states the court appears destined
to exercise a great influence upon inter-
national politics by the mere fact of Its de-
termination of controversies between states
upon principles Of justice and equity. Its
probable influence upon the political rela-
lions of nations may be estimated by that
exercised by the Supreme Court Of the
United States upon the political relations
of the states Of the Union. ,
THE provision of the federal Constitu-
ton giving the Supreme Court original jul
rsdiction Of controversies between two or
more states is in its essential nature. per-
manent arbitral agreement between the
states making the Supreme Court perma-
nent arbitrator and pacifcator Of all con-
troversies between them; and in virtue Of
this provision. with the exception of the So
cial revolution which broke out in 1861,
peace has been maintained between the
states upon principles Of justice.
The Peace Of the World.
"Will as much be accomplished for the
peace Of the world by The Hague court?
Can peace be thereby maintained between
nations which might be broken on account
Of their pecuniary controversies. This Ques-
ton Is easily answered by the fact that
peace often has been preserved by the ar
bitration Of such differe noes.
Can peace, then, be maintained by the
arbitration Of their political controversies?
In answering this question the friends OF
international peace divide in opinion. All
admit that arbitration Of pecuniary contro-
VERSES is practicable: but grave doubt and
positive disbelief are expressed as to the
feasibility of the settlement by arbitration
Of controversies styled political or at
fecting the national honor, integrity or in
Dependence But when the meaning Of
thaca nd 10
finally reduced to two cases-one Of the
right of revolution which does not involve
controversy between states and is
therefore not an exception: the other is the
case Of state bent on war for the sake of
territorial ACKNOWLEDGMENT. 1t Is vain to
expect the aggressor In such case to sub
NIT his alleged grievance to arbitration, for
his real motive is greed. But the mere fact
of the existence of the permanent court Of
The Hague-learned. able and impartial
will make 1t more difficult for an intending
been in the past; for 1t will submit him to
the exposure of his real motive and to the
consequent widespread popular obloquy
which Is growing ever more dangerous to
the ruler Of any state
1.-The right Of independence involves the
right Of self-defense. nation whose indie
pendence is threatened is therefore the one
of all others that will wish to submit the
question to arbitration. 1t has nothing to
fear from a tribunal governed by the sense
Of justice. The exception from arbitration
OF the case dHeCtlNB Tie udllOudl Integrity
or independence Is therefore simply mean
ingless, except as a cover Of the design Of
an intending aggressor.
Political Controversies.
when, therefore. the doubt Is raised
whether political controversies will be sub
mitted to arbitration, 1t is necessary to de-
fine the meaning Of the phrases political
controversies or those affecting the ma
tional independence In fact. controversies
of that character have been submitted to
arbitration. Every pecuniary claim pre-
scented by one state against another does in
a sense affect the national honor Of the lat
ter, for 1t implies a previous disregard Of
its just obligation; and the demand may in
sense affect its independence when it's
custom houses are seized and Its revenues
appropriated by the complaining state to
the payment Of the obligation. In fact,
every conceivable controversy styled 'po-
litical' or affecting the national honor and
independence has been submitted to arbi-
| tration, except two-one where a war Of
aggression Is designed for the sake OF con-
quest, and the other where one state inter-
| venes in the affairs Of another state for the
purpose Of liberation. The intending ag-
gressor can be prevented only by a rising
| tide of public opinion, which the existence