Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-08-18

Il
case. judge could not deal with an APP
peal from decision in which he himself
had co-operated. Members of the proposed
court to be appointed far possible.
from the existing Hague court and by the
Signatures OF the present convention &C
cord!ng to regulations to be adopted. Mr..
Choate claimed that the present conference
had been six weeks in session. and that
there was little time remaining in which the
world could be shown that peace. not war.
should be the normal condition OF civilized
nations.
Mr. Scott followed his American colleague
Arbitrators heretofore had been diplomats
rather than Judges. and had
Judicial striven. a rule for a COM
o,. promise. Diplomats might
have correct opinions. but
judges and lawyers were superiors. The
strength Of the present Hague court lay in
the idea It represented: its weakness lay in
the machinery at its disposal. II was mac
cessible and was not ready when it
wanted. National interests must be elm
mated. The tribunal ought not to be de-
pendent on foreign offices, but should con-
stitute judicial body to establish facts and
create a system of international law. Diplo-
mats and politicians had qualities born Of
experience, but these did not make up for
the lack OF judicial spirit. An irremovable
Judge was something different from an
pltrator chosen by state from persons
supposed to suit It's own interests. and suck
an arbitrator was more advocate than
Judge. IL. however, all sta tes were repre-
scented in the tribunal II would have too
much of the character Of an assembly.
Whlle respecting the principle Of equality
among states. 1t might be admitted that
tnose with larger populations would have
more numerous interests and more frequent
disputes. and that their cases would be
more important. Nevertheless. all systems
of law and all leading languages must be
represented which wonA a
terwetght and establish an international
mentality The idea maintained by Mr..
Scott was that the permanent court should
substitute law for force in International af-
fairs on the analogy OF legal tribunals in
private affairs.
NJ de Martens declared that the Russian
circular exhorted the nations to complete
the work Of the convention of 1899 The
existence Of The Hague court sometimes
seemed to have been forgotten. The Ar
gentine delegation had proposed a wish that
sovereigns and chiefs OF states should
fuse to act as arbitrator and recommend
the parties to The Hague court. Sovereign
rights must certainly not be restricted. but
1t should be remembered that chiefs Of
states did not really arbtrate themselves,
but intrusted Jurists with the task.
It was impossible, NJ. de Martens observed,
to complain of the decisions Of sovereign
or head OF state. The
Royal jurists employed by him did
Judoea not act in their own names,
and the consequence was ire
sponsibillty. Yet the method was often pre-
ferred. II only because 1t was the least
pensive, and 1t would be impossible to abol-
ish the right Of resorting to it He passed
over certain criticisms on the existing
| Hague court, which continues to be "a
mere list" Many of the members were
comparatively unknown others refused to
QOd m al nralimip r.
| stipulation that they should be left in peace.
| The members did not know each other.
| The idea Of the court sometimes acquired
| form and substance, and then vanished into
space. The spirit Of the Russian proposals,
which might eventually be subordinated to
| the American. was that the court, without
| being imposed on the powers ought always
| to be at their disposal and ready to act at
fortnights notice. NJ. de Martens con-
| cluded by expressing the belief that the
cry of the Crusaders. 1T is Gods will" "
found its modern equivalent in the cry Of
| ITO The Hague a cry which should be
| obeyed in the interests Of humanity.
| The cables from The Hague dated the
| 18th instant announced that committee
will draft the constitution Of permanent
court and a proposition which may be ac-
| ceptable to the forty-five representatives
| of the powers, great and small. which COM
prise The Hague conference The hitch
| in the organization Is due to the following
| situation:
Some disgruntled delegates are inclined
| to stand rather ostentatiously aside the mo-
| ment they suspect that their community
! may not have a judgeship. and for har-
mony's sake the first experiment may be
| to assign a judgeship to every country rep
| resented, and from those elect seventeen
by a process of persuasion addressed to the
| subordinate nationalities."
But why should the committee object to
| forty-five members of the proposed perma-
| nent court? 1t is not necessary to remind
| the conference that arbitration is not a
| new institution but first inspired and
| practiced in ancient Greece. as recited by
| Thucydides Heroditus and Polybius The
Megarians 800 years B. c. charged with the
| arbitration of a dispute between Corinth and
| Sicyone elected a tribunal composed Of ISL
| members. Subsequently in an affair Of ar
b1tration between Messine and Sparta the
| people OF Milet and the senate elected a
court Of 600 Milesians, claiming that such a
number lessened the possibility Of corrup-
| ton of the judges.
r
| In the Revue de Paris for July NJ Victor
Berard has published very timely article
on Arbitration" Tho
d1stor1c Greeks" he says, have in
Examines vented everything in the
field Of politics Seven or
| eight centuries before the Christian era
| their cities and considerations practiced ar
| bitration to prevent war or terminate their
| quarrels" The arbitrat ton courts Of those
Gays, unlike that OF The Hague, were be-
| sieged with the affairs of nations DESTROYS
| OF getting rid of the burdens of war and
| this during a period of six hundred years
| The first attempt at arbitration dates
| from a dispute about frontiers between
| Argians and Messinians $50 B. c.. Sparta
| refused to treat. and maintained war
| which lasted one hundred years. But finally
| Epaminondas restored the power OF the en-
! feebled Messinians, but again there was dis
| cord, and again the peace-disposed Mes
| sinians asked for arbitration and Sparta
| was obliged to accept, but failed to exc
| cute the judgment
From the fifth century B. c. arbitration
| in principle was established by treaty be-
| tween Athens and Sparta. In the COM
| mencement Of the Peloponnesus war Peri
| Giles reproached the Spartans with bad faith,
| and In his speech. reported by Thucydides,
| he said: TT was agreed that all quarrels
| should be adjusted by judgment: now they
/ have never spoken TO US Of arbitration and
| when we offer 1t they refuse
1t was the Athenian Gen. Nicias who
| caused Sparta to sign the treaty known as
| the Peace of Nicias." This treaty rem
dered arbitration obligatory not only be-
| tween Athenians and Spartans but be-
| tween their allies. It was signed in 421
| b. c.. two thousand three hundred and
| twenty years before the first conference at
| The Hague. II progress is not a vain word