New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-22
INTERNATIONAL LAW.

The first meeting of the American society
OF International Law merits approving ana
hopeful attention equally with the recent peace
conference. and if the latter is TO ne regarded
as in any degree an informal prologue 10 the
congress at The Hague. the former may GER
family be reckOned Il desirab BILE preface 10 the
twenty fourth meeting of the international Law
Association which will be held next August at
Portland Me. We have hitherto noticed with
the high praise which they so well deserve
the publications of the society which met last
week in Washington and it is gratifying now
TO add that the proceedings of the organization
were marked with corresponding value ana
gave promise Of much good for the cause of
that ordered and consistent justice which is the
only sure foundation OF enduring and beneficent
peace.
Note for example Secretary Roots mastery
exposition Of the relations of this country with
Japan and of the principles upon which our
treaty system is based It was instinct through
out with convincing logic and with that spirit
of justice which UNNECESSARILY transcends in
lasting power all the mere sentiment in the
world. This particular subject is one upon
which ii is easy to arOuse-indeed, difficult to
avoid arousing-strong sentiment Nor would
we for a moment decry sentiment, per sc. 1t
is, said Lowell, intellectnalized emotion. Men
have died for sentiment and in doing so have
not always died as the fool dieth. But in its
very essence sentiment is variable and transit
tory. On one occasion two travellers, strangers,
meeting for the first time at an inn, rush to
each others arms with the proposal that they
swear an eternal friendship. On another two
men who have not single cause for real dis
agreement fly at each others thrOats with muir
der in their hearts. Too OftHn have we seen
nations cOnvIlSed with the same gusty pas
siOns, sometimes of peace and friendship, some
oR S,,I-,
formed principle, a rule gf studied justice. is
subject TO no such fluctuations but stands I'M
moved and triumphant amid the storm of vary
ing sentiments. Relations with Japan or any
other nation based on sentiment would be sub
Ject TO emotional disturbance AT any time
Based on principles of law and justice, they
must remain constant
Significant, TOO. was Mr.. Roots ANALYSIS Of
the weakness and the potentialities of arbitra-
ton, showing that the weakness Of the system
arose largely from its diplomatic character. and
that the hope Of its future efficiency lay largely
in the possibility of giving it a purely judicial
character. The reluctance of nations 10 sub
init all questions 10 arbitration is doubtless due
10 their recognition of the fact that arbitrators
as hitherto selected, are seldom above the posi-
bity OF diplomatic bias Such bias may be
quite unintentiOnal and. indeed. unconscious bur
ii is none the less real. The demand that ma
tons shall submit their disputes 10 a judicial
tribunal makes prerequisite the creation of a
judicial tribunal which shall be- free from the
suspicion of even the most unconscious dplo-
matic-that is. internationally potical-bias
1t might be possible and even easy 10 form
such a tribunal to-day for the adjudication
Of some matters which were not of a DO
litical or diplomatic character We are quite
willing 10 cOncede that more than one such tr!-
bunal has already been formed and has done
good work But 10 constitute one to which the
most delicate ana serious political and diplo-
matte matters might be confidently submitted
he labor, hoe opus est
This, however, is to be said, that If ever il
shall be possible 10 form such a tribunal il
must be through the reign Of law-through the
more general study Of International law and
the popular as well as official regard for those
principles Of international dealing which it in
culcates. To that end there can be no more
valuable and suspicious means than may be
perceived in precisely such an organization as
that which met last week in Washington and
it viii be a source of national pride 10 see its
activities promoted and extended until America
shall stand foremost among the nations as an
exponent and advocate OF international law.