The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-04-17

self-respect Of every upright Judge.
an international arbitration is often
regarded as an occasion for diplo-
matte adjustment, Granting that
The diplomats who are engaged in
an arbitration have the purcst mo-
Iiycs; that they act in accordance
with the policy they deem to be
best for the nations concerned in
ihe controversy; assuming
they thrust ,side entirely in their
consideration any interests which
their own countries may have in
the controversy or in securing the
favor or averting the dJpIeasure
Of the parties before thcm- never
ihcless ii remains that in such an
arbitration the litigant nations find
that questions of policy, and not
simple questions of fact and law,
arc submitted TO alien determines
lion, and an. appreeiable part of
that sovereignty which il is the
function of every nation to exer-
else for itself in determining its
own policy is transferred TO the
arbitr"tors.
At illustration of This view is
TO be found III 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 settlement of disputes, and
especially boundary disputes. to
= greater degree than in any other
part Of the world. This has been
Facilitated by the almost complete
detachment of South American pol-
tics from the national politics Of
Europe; so that it has been easy
FOR the South American states 60
find arbilntois who neither knew
nor cared for any political question
in South America. and who, there
fore. have been able to determine
the questions before them with sole
reference TO the merits of the dues.
tlcn. as a trained and upright Judge
decides ease submitted TO his
court.
What we need for the further
development OF arbitration is the
substitution Of judicial action for
Diplomatic action, the substitution
d judicial sense of responsibility
for diplomatic sense of responsible
ity We need for arbitrators, not
distinguished public men concerned
in all the international questions
Of the day, but Judges who will be
interested only in the question APP
peai1ng upon the record before
hem. Plainly, this end is to be
attained by the establishment OF Il
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 re.
sponsibility which has made the
conrts of justice in the civilized
nations Of the world the eyponents
Of all that is best and noblest in
modern civilization.
Let me add Il few words of warn
ing concerning your anticipations
Of what the Second Peace Confer
ence Is TO do. Do not expect too
much from it
II is ar essential characteristic
OF such conference that il shall
deal, not with matters upon which
the nations differ. but with matters
upon which the nations agree. I'm
material differences may be smooth
ed away; Observation-Disclosures may
be explained; consideration and
discussion along lines that do not
run counter TO any immediate and
specific interest may work ont
methods Of applying general princi-
pies in such a way as to prevent
future differences; progress nav be
made toward agreement i,pon mat
teis which are not vet ripe for
complete adjustment; but the mo-
ment an attempt is made to give
such u conference any coercivc ef-
feet, the moment any number of
nations cndcavor to use the Con-
ference for the purpose Of compell-
ing any other nation to do what il
deems inconsistent with its inter
ests, that moment the Conference
fails.
Such n conference is an agency
OF peace; not the peace OF con-
quest, but the peace of agreement;
aoi enforced agreement, but willing
and cheerful agreement, SO far as
the nations can go together in such
an agreement, the Conference can
go aud ne farther.
Many lovers Of their kind, Ger.
tain that the principles which they
see so clearly ought to be accepted
OF all men, are nnmindfni Of The
many difference which divide the
haiions IN the competition for
trade and wealth, fcr honor and
prestige; mmindful that the sci.
IiShness and greed and willingness
% do injustice which have marked
I'LL human history still exist in the !