Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-16


litigant or the other
Lord Salisbury's View.
The feeling which Lord Salisbury well
expressed is. / think the great stumbling
block in the way OF arbitration. The es-
sential fact which supports that feeling is
that arbitrators too often act automatically
rather than judicially: they consider them
selves as belonging to diplomacy rather
than TO Jurisprudence: they measure their
responsibility and their duty by the tradi-
ions, the sentiments. and the sense of hon
orable obligation which have grown up in
centuries of diplomatic intercourse rather
than by the traditions. the sentiments and
The sense of honorable obligation which
characterize the judicial departments OF
CIVILIZED nations. Instead of the sense OF
responsibility for impartial Judgment which
weighs upon the judicial officers of every
civilized country and which is enforced by
the honor and selfrespect of every upright
judge. an international arbitration Is often
regarded as an occasion for diplomatic ad-
Justment- Granting that the diplomats who
are engaged In an arbitration have tsle pur-
est motives: that they act in accordance
with the policy they deem TO be best for tho
nations concerned in the controversy, as
Stunning that they thrust aside entirely in
their consideration any interests which their
own countries may have In the controversy
or in securing the favor or averting the dis
pleasure OF the parties before hem-never-
theiess IT remains that In such an arbitra-
ton the litigant nations find that questions
OF policy, and not simple questions OF fact
and law. are submitted to alien determine
ton, and an apprecabie part of that SOW
ereignty which it Is tho function of every
nation to exercise for itself in determining
its own policy Is transferred to the arbi-
traitors.
The Arts Of Peace.
An illustration OF this view is to be found
in the fact that one of the features OF the
extraordinary advance made by the nations
of South America in the arts of peace Is
the development OF arbitration for the set
Element of disputes and especially boundary
disputes, to a greater degree than in any
other part of the world This has been
facilitated by the almost complete detach-
ment of South American politics from the
national politics Of Europe; so that it has
been easy for the South American states
to find arbtrators who neither knew nor
cared for any political question in South
America, and who, therefore, have been
able to determine the questions before them
with sole reference 10 the merits of the
question. a trained and upright judge
decides case submitted 10 his court.
What need for the further develop
ment of arbitration is the substitution OF
judicial action for diplomatic action, the
substitution Of judicial sense OF RESPONSE
biity for diplomatic sense OF responsibility.
We need for arbitrators, not distinguished
public men concerned in all the Internal
tional questions of the day. but judges who
will be interested only in the question APP
Plainly, this end is to be attained by the
establishment of court OF permanent
judges, who will have no other occupation
and no other interest but the exercise OF
the judicial faculty under the sanction OF
that high sense of responsibility which has
made the courts of justice In the civilized
nations of the world the opponents of all
that is best and noblest in modern civlza.
ton.
Gov. Hughes Address.
The governor said in part:
There are few. If any, to plead the cause
of war in general, however it may be de-
Tended in particular. Statesmen and SOL
ders alike condemn it, and against its
monstrous cruelties and wastefulness COM
merce and sentiment are allied The ne
cessity of last defense of liberty
and honor is admitted only to be depre-
Gated, and in the desire to prevent armed
strife there is almost complete unanimity.
There may still be those who believe in the
beneficent effects of the discipline OF war
and who shrink from contemplating So
ciety enervated by exclusive devotion to
the pursuits of peace. Undoubtedly bene-
fits have been conferred by war. Against
the dark background of ruin, desolatlon
and death, the elemental virtues OF hu-
mainly have stood out in bold relief. And
aside from the important and beneficial re-
suits of certain wars, the world has large
ly learned its lessons of courage and for
titude, of the supremacy of duty and
the sacred obligations of honor from those
who, in fierce but heroic struggle. have re-
vealed the noblest qualities OF humanity
He maketh the wrath of man TO praise
Him.
We can no longer look to war for the de-
velopment of either national or individual
character. The heroics of war nave been
replaced by mathematical calculations. If
it was ever anything else. it Is now unmiti-
gated horror exhibiting chiefly fendish as
poets of ingenuity and scientific skill in de
structon. Under our modern conditions Of
civilization the supposed beneticent results
of war in the development of courage and
stamina must in any conceivable event be
shared by few of our tecming popuia-
lions that even the most Sanguinary must
realize that the time has gone by when
by any stretch of imagination II can be
regarded as a general disciplinary agent.
Among nations, as among men, the re-
quirements Of the sentiment of honor are
subject to revision conscience becomes
more enlightened and truer conception or
personal dignity gain place. And it may
be reasonably expected that public opinion.
taken in connection with the serious ana
economic aspects of war, will gradually re-
duce the possible area of strife over qurs-
tions thought to involve the national honor.
The controversies which are incident to in
ternatonal business and exchanges, and
those which relate to alleged violations 81
international agreements, may be composed
without resort to arms. And without mini
MIXING the conditions which still exist,
threatening the peace of the world, we have
reason TO congratulate ourselves that the
reign of war is nearly over.
Angered by Stead's Speech.
Though Mr. Roosevelt himself was he
one that first disturbed the calm Of the
peace congress deliberations yesterday,
there was an undercurrent of protest and
of suspicion directed against one of the
visiting British dele gates, who had pref
aced the opening of the congress Sunday
with some addresses before various re
liaioUs bodies. The object of this wrath
li.lpn a. English
Review of Reviews, who on Sunday SAID
that all the effort that religious bodies
could make in bcnalf of universal peace
did not amount to a row Of pins.
Rabbi Jacob Silverman of the Fifth Ave
nue. Temple Emmanuel yesterday voiced
his displeasure al the words OF the En8ish
editor He said:
Il was greatly surprised to hear Mr..
Stead inveigh against the purposes aud
achievements of religious bodies as he did
yesterday. Anybody who takes such
view is unfair, 1t is unfair to see so muen
of ones views that those of oih.fd
.ra obS,lred | do think tnat MI