New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-04-24
THE LAW OF NATIONS
Mr.. ROOT ON ARBITRATION
Spe7y and Stockton Praise York OF
London NaUaL Conference.

washington, April 23.-The opening address at
the third annual meeting of the American Society
OF International Law, which began here to-day.
made by Senator Elihu Root, OF New York, president
of the society and ex-Secretary of State. He took
for his subject The Relations Between Interna-
tonal Tribunals of Arbitration and the Jurisdiction
Of National Courts" Particular reference
made to the Drago Doctrine Senator Root contend
ing that the submission Of disputes to interna-
uonal tribunals implies impeachment of
eighty. Senator Root acknowledged that the rule
that where there has been denial of justice in
tional courts their decisions not TO held
conclusive and arbitration other further action
may be called for, had been Injurious 1t involved
aspersions on government and imputations high
officials tended TO destroy good feeling between
nations
The better rule would be TO avoid the danger of
denials Of Justice and prevent the belief that
justice has not been done, which must always pos
sess the parties defeated a tribunal suspected
partially. he said 'by submitting in the first in
stance-to impartial arbtral tribunal all such
cases as are liable to be affected by the considera
ton have mentioned
The reason for such rule, he explained. would
be that when such cases had been decided by
uonal courts, and the impartial Justice of the de-
cision seriously questioned, they should resub-
mitted to an arbitration tribunal for proof
that justice had been denied, but rehearing on
their merits He argued that In international con-
troversies the only question is. What Is just in
this case? '-Sovereigns and Presidents, ministers
and department officers insuted by q pro
vision for court to ascertain what Is Just" he
added, because the common sense OF justice
ogntzes that their relation TO the questions which
arise between the government which they conduct
and others is such that they well impair
tai" The statement made that the rule
could not be ignored in arriving what just in
international case. Circumstances, such as the
general state Of feeling, the the
try and the political Importance of the ISSUE
cited how impartial international decisions
might be difficult to obtain without arbitral trib-
unals.
IF recourse 20 arbitration IS a reflection upon
national courts said he. the people of the United
States have been strangely obtuse. Nowhere in
the world. surely. is greater honor paid the
courts OF Justice. yet have embodied in the fun
damental law which binds states together
recognition Of The liability OF courts affected
By local sentiment, prejudice and pressure"
Mr. Root also discussed briefly the diplomatic
| Iations between the United States Great
Britain He referred to the fisheries question and
then, reviewing the twentyfour arbitration treaties
| negotiated between the United States and other
| powers he spoke of relations with Venezuela and
the singular individual who had occupied the
chair Of President OF Venezuela for several years
Ex-Secretary John ". Foster declared that there
never a good war a bad peace. Citing
| numerous cases, he said that while some arbitra-
tons might have beer Unsatisfactory IN detail they
were of great international value BY way OF
criticism of the proceedings Of the Behring Sec
| tribunal. he quoted letter, heretofore unpub-
lshed, written BY Mr.. Carter Of the United States
humorous
criticism Of arbitration tribunals, because man
could not Be a Judge case In closing he
cited the immense cost OF arbitration proceedings
indicating that the Boring Sea had cost
$4,000 and the Alaskan boundary question 100000
These indicated to his mind the difficulties which
the smaller powers were confronted with in the
| submission of any case to arbitration.
STOCKTON AND sPERRF SPEAK
Rear Admiral Stockton. one of the American dele
gates to the recent naval conference in London. and
| Pear Admiral SpeTry, of the delegates TO the
second Hague conference spoke the naval phases
of international relations Rear Admiral Stockton
dEcussed particularly the declarations Of the Lon
don conference concerning naval warfare regarding
blockading Of ports, the pursuit OF vessels and
! what constituted contraband Of war
Rear Admiral Sperry considered the difficulties
OF a blockade. His paper was received with enthn-
siastic approval, not merely because Of his per-
sonality as commander Of the American feet which
| circu1nnavigated the globe. but because OF the
| fundamental ideas which he suggested.
Inspired by personal knowledge OF the labor1ous
and apparentIy futile discussions which were pro-
longed for nearly five months at the Hague in
1907 he said, my congratulations on the work
done by the London naval conference most
profound Without the declaration compelled
TO believe that international prize court would
| have proved snare and delusion. instead Of
beinz a safeguard OF inestimable value to the
rights and interests Of neutrals and beligerents
alike as it viii be II this declaration is ratified
international conventional laws make an interna-
ttonal tribunal logical and necessary The expense
Of building maintaining fighting ships has be-
come SO large that all the great powers have con-
centrated their expenditures on purely military
hests for the control of the sea-that is. ships Of
the Line Of battle and the auxiliaries which must
attend them constantly for the purpose Of scout
Ing information and supply Bsttleships cannot be
dispersed to chase tramp steamers. nor can the
| auxuiar1ea be spared for such work. Even the
search after military contraband Is likely often to
/ be relaxed. for the reason that the facilities for
transit through the ports Of neutral countries are
such that the search IS likely 10 be in vain.
EFT Seems probable that the practical immunity Of
prtvate property is not far off, since the control
of the sea is the vitality important object to which
ali other considerations must be sacrificed and the
principal object Of bIockades will not be the sctua
stoppages OF supplies which can come In by many
routes in sufficient quantity for emergencies, but to
| close e port II New York were blookaded there Is
| no port on the Atlantic Coast which could handle
its commerce. and the loss would be incalculaDie.
In discussing the international difficulties expo
| y1enoed in connection with the Japanese question
In California ex-Justice Brown, of the lifted States
suureue Court declared at to-ntghts session that
~ the question of the right Of japanese TO attend