Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-19
ONIhTERkA1|ONALL LAW
American Society in Session at
the New Willard.
SECRETARY ROOTS ADDRESS
Delegates Welcomed by Commissioner
H. B. F. Mcfarland,
VARIETY OF TOPICS DISCUSSED
Supreme Right Of the Treaty Power OF
the United States Over State
Constitutions.

Constitutions.
Secretary Root and Commissioner
Macfarland welcomed the members
OF the American Society of lnterna-
tional Law on their assembling for
their first meeting at the New Will
lard today. There was large gath
| ering, and matters OF large interna-
tional interest were discussed. Sec
| rotary Root, as president OF the So
| ciety, welcomed the delegates and
| delivered his annual address, choos-
ing as the text the controversy be-
lieved now to have been closed be-
tween the people OF this country and
| Japan.
| Commissioner Macfarland. on behalf or
| the local government, spoke the honor
conferred on Washington in chosen
as the meeting place Of such distinguished
| body Of international lawyers.
! On being introduced by Secretary Root.
Mr. Mcfarland said:
THE national capital Is distinctly honored
| as the meeting place of this society, great
| in Its objects, and already known ABROAD
| as we'll as at home. Its officers, It's MEM
bership, including SO many men OF inter-
] national reputation, and especially us Illus
| trious president, who Is not only Secretary
| of State. but the head of the American bar
ola ar
tional law, gave it prestige as we'll as power
| at the very beginning Of its career, which
has already proved beneficent and promises
| enduring and salutary results. Its influence
| begins to be felt just as the nations are
gathering once more to The Hague, where
| international law must be considered as
necessary to International peace by means
| of international justice. AS your president
| has we'll said the society's educational
work Is of the first Importance now that
| the people Of every country must know in
| ternational law In order to inteligently and
considerably take part in those great de-
cisions often to be made under stress Of
passion and pressure of events, upon which
| the rela lions Of nations. and, therefore, the
peace and prosperity of the word depend.
International Courtesy.
'Inat lDtcTnatl COUItcSy,
| patience, consideration and sympathy
| which, like courtesy between individuals,
delays and prevents the breaking of rela-
| lions in violent strife, is more important
| than courts or treaties business In the
public opinion of nations produces interna-
! tional justice, and will make ideal the inter-
national law of the future.
Here in Washington, more than ever an
Internal ional capital, where all our treaties
since 1890 have been signed. where all the
great decisions of the Supreme Court have
| been given, where Presidents and Con-
crosses and international commissions and
| international lawyers have done SO much
to make the law of nations what 1t Is to-
| day. and to insure It's improvement in the
! future; here, whence came the leadership
and inspiration that saved The Hague con-
| ference from failure, that brought nations
| to The Hague tribunal. and saved 1t from
| disuse and contempt. that has brought
| about another Hague conference. and that
| will bring about permanent court of arbt-
| tration; here. under the eye of President
| Roosevelt, who has done more than any
| other man for this great cause, Is the ap-
propriate place for your assembling in
| name of that better understanding between
| peoples based on justice and on mutual
respect for rights and duties. which will
bring international relations to the plane Of
/ the best individual relations, and nightly
| advance the progress Of mankind.
Supreme Right Of Treaty Power.
| Secretary Root spoke at length on the
| supreme right of the treaty power of the
| United States over the right of any state
| constitutions or enactments. He quoted
| numerous references in support Of his po-
| sition, but said that the legal construction
| of the rights of the federal government
| was not the most important feature Of the
controversy just past. He said that this
| government had been the first nation to
! negotiate a treaty with Japan, and the
| relations Of the Japanese and American
| people had always been peculiarly cordial
| and confidential. The question that had
been raised was not one involving war.
| All such talk had been the work of
misunderstanding press and an interfering
| lecture platform. The question that was
| at stake was whether this country and
| Japan should continue In their old and
| friendly relations or whether they should
| look at each other across the Pacific with
suspicious eyes and hatred in their hearts.
| He believed that the question had been
| settled in favor of amicable relations, and
he hoped sincerely that the settlement was
for all time.
In opening this meeting of the American
Society Of International Law, which hope
will he the first of many meetings In I'M
| broken succession to continue long after we
personally have ceased to take part in af-
| fairs. let me welcome you to the beginning
of your labors for a more thorough under
| standing of this important and fascina ting
subject 1t is impossible that the human
| mind should be addressed to questions bet
d
greater opportunity for usefulness in the
| exercise of its powers. or more full of his
| torical and contemporary interest, than in
the field of international rights and duties
| THE change in the theory and practice of
government which has marked the century
| since the establishment of the American
| Union has shifted the determination of
great questions of domestic national policy
| from few rulers in each country to the
great body of the people. who render the
| ultimate decision under all modern consti-
tutional governments. Coincdent with that
| change the practice of diplomacy has
| ceased to be mystery confined to a few
| learned men who strive to give effect to the
| wishes of pei sonal rulers. and has become a
| representative function answering to the
| opinions and the will of the multitude of
| citizens. who themselves create the rela-
| lions between states and determine the is-
| sues of friendship and estrangement, Of
| peace and war.
| This society may serve collegium
| in the true sense of the word. in which all
| who choose to seek a broader knowledge of
| the law that governs the affairs Of nations
| may give each to the other the Indictment
| of earnest and faithful study and may give
| to the great body of our countrymen a
| clearer view of ..seir international rights
and responsibilities"
The Secretary then reviewed the provi-
sions of the treaty with Japan and the con-