The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-26

,,on of New York and Vicinity. at the
Columbia University Club. The elucida-
,on Of the subject by Prof. Ellery Stow
.I Of columbia University and the sub
,souen, questions and answers combined
N give tie members an entirely new
iAsa OF this vital topic and TO ma Ike this
= another red letter gathering.
In spite of very bad weather some
sry members and guests were present.
In introducing Prof. StowelI Presi-
aent Walter II. Eddy quoted Miss Ida
Tarbell as saying that her radical
,reuds have tired to persuade her not
70 tell the public about the good thinss
4, industrialism, on the score that peo-
,s thereby would become too compla-
's,. She dlsagrees wit. this stand.
,an,. because she feels that In order
~ get true perspective we need to have
held before us the best.
This association In the two preceding
meetings this year has had opportunity
10 learn what teaching and journalism
should be. This evening. filled as we
are with intense interest in the war,
we feel ourselves lacking the knowledge
both Of what International law is and
MAT i, should he. We have. therefore.
allied upon a man who knows to tell
uha, is best in International law. .
Prot. S,owell spoke rapidly and with
out notes. The digest which follows IL,
therefore. VA u sketch OF his intensely
interesting talk:
This subject Of international law Is
ma, in which / am most Interested
and about which I have great convic-
tons. II holds the strongest OF truths
and consequently when It Is understood
;. will save not only individuals but
vhols nations. In the course of an
evening We can take UP. of course. only
a few phases Of the subject.
The present epoch is certainly he
begest period in the worlds history.
All nations are. as it WERE. In "A mael-
,.rom. That this Is the case. strangely
enough, points out how little 1t matters
= rha, things actually are. as compared
with what we think they are. That Is
the trouble. both here and in Europe,
With regard to international law.
One widespread idea about internal
,onal law is that there is no such thing.
That is the biggest error in the world.
ne most colossal. l do not expect to
.-adica,e II In my short life, but l am
bound TO do all | can to overcome II.
"A second great truth is that theory
does not change fact. Our own expe-
renee is bitter. in as far as our theory
offers from facts. With individuals. as
with nations, we are bound to run on
the ROCKS. until We pick out a chart
Of true principles. This is precisely
VIA, International law is--a chart OF
tue principles.
The most widely accepted theory Of
law is that of Austin. The law IL some-
Ting laid down by a power which has
tie right to enforce It. This standpoint
d4s dominated all Anglo-Saxon thought
on law.
International law. however. does not
q, this definition, which is much too
narrow. A great d / more controls
The actions OF individuals han merely
iv maintained by a superior force.
AS an illustration. the great league
Il the lroquois affords n most Interest,"
ng study. They had developed "a sys-
ten of law through 4 federation. They
lad TO contend with hatred and blood
tlds, and they therefore agreed upon
certain considerations To do away with
Aess evils. When they met in o
t~srences they had their wampum belts,
Which they counted over TO remember
he treaties they had entered into.
The Australian tribes also afford an
Interesting example of the development
q law through federation. II was an
accepted practice with them, for in
Esnca. that whenever n stranger APP
ppached he would build "a fire. in order
TO Indicate his friendliness.
80. too. with nations there are now
et4lly fifty independent States in the
world. These have found 1t advan-
nSeous 20 have relations with one an
uher. They have agreed upon certain
Piles 70 make these relations simpler.
Gradually they have acquired the real
80 ~ L.. = ~, .a IN
Jaw governing their actions-interna-
tonal law.
Assuming that there is a set of rules
governing the relations etwee ma
Ions, where do we find them
In the practice Of nations. HI
ra,eymau takes up the relationships of
fs own Government for laws. He seeks
Precedent. This IL something fixed.
toreth!ng he can go by. This Is the
irst bass of international law. The
Salesman reasons back-the precedent
u question led TO a conclusion. n the
cances are that this decision is right.
Where International relationships be-
come confused, however. is on the score
1 passion and not Of intellect. Where
rople's interests are aroused their
minds follow. our intellect Is given to
is 10 minister TO u passions and to
Follow our passions. We see this in
'ace ps~ychclogy-in the injustice now
beng done to Germany by this country.
We used to think the intellectual u
j jose and set in Germany. Now we are
Refined 70 feel that there is nothing
god in Germany. Thus. when passion
makes people lose all sight II facts.
Il is nor a reliable guide to interna-
soral law.
The principle OF going by the prac-
te Of nations is a safeguard. When
ratesmcn do not find a precedent to
over their case they apply their intel
"'s 70 the situation. n this usually
't4s 20 aTbitration. The prime requi-
"e, however. Is that IN disputes both
atoms must feel that they must sup
"f their Governments In finding out
,aa' VII" law is and in maintaining It.
~, j. . great safeguard.
II. differences between nations, how
eer, We must recall the distinction be-
,'-@h legal and political questions by
p"'.al Wc near, of course, matters
t policy. You have often heard 1t said
,At before the bar of International
"a" ne smallest nation can appear on
a. e0Ia. footing with the largest, n
vas j. rue A. far as distinctly legal
~Vuts'lhNs are concerned, In matters or
p'lcy, however, the assumption Is al
."d, A. witness our own exclusion or
We Chinese, our protective tarif and our
sNhroe doctrine. These presuppose the
"c"'as ~ power. 4 small country Is
.WaYs AT a disadvantage. 1t IL only
.I'a"fer"", the big brother policy, Or
" reputation of fighting to the death
" us sIplort OF principles, as In the
we ~ Holland n Switzerland. that
Emee'' the smaller nation.
.ih!S habit Of looking ~ precedent
.s1S 70 amazingly interesting results,