The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-07

must have absolute discretion and con-
troll OF Its own conduct. Take, for in.
stance, the question whether England
shall take part In our Panama EXPOSE
ton. That may cause bad feeling in
California or in this country generally.
but no court Of arbitration would make
ruling that England was Obliged to
take part In our exposition. That IN
not tusticiable question. II, how
ever. England had agreed by treaty to
take part in our exposition, then q
right would be created by contract. and
It would properly become the subject
OF arbitration and decision
Mr.. Bryan Is now engaged in making
number OF treaties which will facili-
tate inquiry and investigation and adj
visory report into differences OF nations
before war comes, and which are so
framed as TO delay hostilities, though
they do not provide for arbitration.
am glad that such treaties are being
| made. i think that the preparation Of
such report will furnish useful delay
while X VIII stimulate the negotiation
OF settlement. OF course the step IL
a small one, but as far as IL goes ie
helps. The truth is that the provision
| with respect to the postponement Of
year in the general arbitration trca-
| ties with France and Great Britain.
which ] have been discussing was su1-
gested to me b. Mr.. Bryan himeslf. o..
! though the provision for investigation
and report WAS taken from the Hague
| conventions.
The Ideal that I would aim at IL an
arbitral court in which any nation could
make complaint against any other ma .
| ton. and IL the complaint IL found by
the court to be within its Jurisdiction,
/ the nation complained against should
he summoned. the Issue framed by
pleadings. and the matter disposed Of
| by Judgment.
| The adoption OF the principle of fed
Grafton in political government dates
far back In Grecian history. Its best
| example Is found In tho Achaian
! league In the Feloponnesus OF Greece.
which. beginning in the small territory
OF Achaia, gradually grew in extent
| OF constituent cities until it included
most OF tho Peloronncslan cities and q
number OF others IN the northern PEN
insuln. In its second and moro perfect
form Il was reort n!zcd in ESQ II. c.
ard lasted about one hundred and TWEEN
ty-nve years. l. vas formed for the
purpose OF re5st!ac the dominion Of
Macedon. The membars OF Il were IN
dependent municipal sovereignties md.
In coming into the league. delegated to
the executive and legislative authorl-
ties OF the league. whom they chose.
control over their foreign relations and
tho making OF war and OF peace.
The constitution of tho Achaan
League did not provide for IA federal
tribunal, and I cannot find in the some
what lengthy volume OF Mr. Freeman
any reference whatever to judicial mat
ter3 in the history of federation in
/ Greece and Rome. Mr.. Freeman says
that II was the custom among Greclan
cities when the international rights Of
one were broken by another TO submit
the issue TO the arbitrament Of a third
city Probably in this way the differ
ences between the members OF the
Achaian Federation were settled when
they arose. But It Is a thing that we
must realize. though IL is little hard
to do 30, that courts and Judges az such
having only judicial functions-are O
comparatively modern invention. The
Book of Judges in the Old Testament
suggests the idea that they must have
had Judges in Israel. but while these
Judges heard judicial controversies, as
we know, they were really civil pa
triarchal rulers who exercised execu-
tive and legislative as we'll as judicial
powers
Even In the golden era OF the Roman
Empire, when the rule OF law was
being established by law writer's and
1urisconsults in the four centuries
before the Code OF Justlnian, there were
no Judges as such. There was an cx-
ecutiye officer, called the Prator, whose
| business | IN he
We find In the Grecian example the
fact that men began to realize that
while Grecian city was capable of
furnishing useful and happiness Civ
Ing government, yet when II came to
resist the aggressions of stronger
neighbor the people OF the city must
look for aid among those who were
similarly clrcumstanced and yield some-
thing OF their sovereignties to one Joint
federal authority for their protection.
There have been In history since that
time many instances of declarations. The
Holy Roman Empire, theoretically and
In the sonorous titles OF tho Emperor
began with julius Cesar and lasted
until Napoleon's time. 1t presented ct
stages In It's history an important
phase Of the federative principle for
our present use. After the breaking up
|
ferent barbarian invasions and migra-
lions and after the Matchmaking spirit
became stronger and before the Holy
, Roman Empire lost all It's power there
, We're heated discussions as to the rela-
, ton Of the Emperor to the government
OF men.
Under the Articles of Confederation
, Congress was made the tribunal 10 set
a tie controversies and differences aris-
ing between the independent sovereign
States that made UP the Constitution.
, The name Congress" indicated the
: character OF the body. Congress. in
the language OF diplomacy, was a term
applied TO n meeting Of soverelgns or
Of their ambassadors for international
action.
Nations of the world are growing
closer and closer TO each other. F'acll-
? ity OF transportation and facility Of
/, communication have developed knowI-
edge and an interest among the people
of one country in the dolngs of the
people of another that was never known
before. We follow with close attention
the Ulster controversy, the political
I tragedy In France, the trial involving