The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-01-03
OF PEACE.
Scheme Of . Supreme Court Of the
World Dependent on Moral Force.

To THE EDITOR OF THE SUN-Sfr: The
greatest promise for world peace is
contained In the proposal for a World
Federation and a Parliament Of Man.
There will be some hope Of disarmament
and international security hen we have
an International Congress to make in
ternational laws. an International Blu
preme Court to administer those laws
and ar International Police to enforce
the DEGREES Of that court.
william r. Vance Of the University
Of Minnesota Law School has written
an admirable pamphlet on the proposal
Of a Supreme Court of the World. 1t
should like to present the following ex-
tracts:
"How shall We escape the scourge of
war? This grea, war bafies us. dazes
our minds. 1t upsets all our dearest
theories as to the advance Of civiliza-
ton. and the effect Of education upon
the conduct of nations. Every warning
nation loudly declares that It desired
only peace and was forced into a de-
fensive war In order to safeguard the
interests Of civilization and humanity.
And now we Americans stand on the
very brink Of this maelstrom. We do
not want war. Yet W. are weN nigh
caught In the irresistible current. Got
grant that there shall be no blood on
the hands Of Dur men or tears IN the
eyes Of our women!
I'm any case, soon or late. this war
will come to an end. What then?
Shall the poverty stricken peoples Of
Europe bend their backs TO the burden
Of ornaments once more or shall we
find a way that leads to disarmament
and to peaceful settlement Of internal
ional disputes? Is II possible to sub
stttute law for violence?
at is just as idle TO hope that ma
Ions ever car live together without
quarrelling as II Is to expect men to do
so in their social communities. You
cannot do away with International dis
putes any more than you can Danish
disputes between individuals. There
fore. recognizing the inevitable occur
renee Of such disputes. wars for their
must continue to arise un-
less some other satisfactory method OF
settlement Is provided. Diplomacy has
failed arbitration has failed. What
hope remains?
There 10 yet another mode Of settle
ment. an international court OF justice.
Having "A fixed membership and a per-
manent responsibility. 1t would hear
causes presented. apply international
law, and render judgments according to
the law and evidence. Such a court
would have to be established by a on
vention OF the principal nations who
would become signatories to a treaty
providing for such court, and n small
International police force. military and
naval, to serve ~ do the marshals of
our municipal courts. in executing the
ordinary DEGREES Of the court. The
treaty would further provide for the
limitation Of armament.
LAS a general rule In civilized coun-
tries the individuals Of Il community
live In peace and order. settling their
disputes before the courts. We need
not go back to the time Of the cave
man to find a state of society where
the right OF he individual TO secure
redress for personal injuries done him
by combat was distinctly recognized.
Man has only slowly come TO recognize
that II In wisest and best TO bring all
his quarrels, including those that in
volve his honor. to the courts for settle
ment.
But win the judgments Of an inter
national court be enforceable: A real
International court. the supreme Court
OF the United States. has been settling
controversies between sovereign States
and enforcing its Judgments for moro
than a century with u distinguished
success that we are justified In enter
tanning bright hopes Of success in this
respect for a world court of nations.
During the period in American history
from lisa to 1883 there existed among
these States all of those vicious in
fiuences that have always made for war.
Of the kind that have a much 10 do with
bringing on the present Wal In Europe.
There were boundary disputes. viola
tons Of sovereignty. local greed and
self-seeking. commercial rivalry with
trade restrictions and determinations
a and rafaliafpry laDiS1atinn and eNan "a
cial j~ealousies. A three cornered dis
pu,e between New York, Massachusetts,
and New Hampshire over the territory
now forming the State OF Vermont
brought armed forces into the disputed
territory, while actual warfare occurred
between citizens Of Connecticut n
Pennsylvania troops over tho possession
of the Wyoming Valley. There can be no
doubt that for tho pew Constitution
drawn UP and established by the won
dcIful group Of sagscious statesmen led
by tho wise and powerful man whom
We delight to honor as the father of
our country. the thirteen original States
would have driftcd into numerous petty
wars. c%ngendcring hatred and distrust
hat woul soon have rendered them
incapable Of any common action and
made them helpless victims Of tho first
European enemy who might have at
tackled them.
zone feature Of the new Constitution
was the Federal judiciary. headed by
the Supreme Court vested with author
ity to settle controversies between the
States.
" had substantially a compact he
tween thirteen Jealous sovereign States
whereby they agreed to forgo the privi-
lege of using force to redress wrongs
done them. and to submit their disputes
Of every kind. though they might in
volve the territory. the sovereignty or
the honor OF the State. tn the deter
mination of the Federal Supreme Court.
Slowly and surely the overwhelming
public opinion OF the sistcrhood OF States
forced submission to the DEGREES Of the
court in every instance. Since the civil
war. though many Irritating disputes
Of the most serious kline have arisen
between the States. no state has ever
even protested against an adverse de-
cision of the court.
1.-THE Supreme Court OF the United
States In no single instance has ever
called upon the Executive to enforce one
Of it's DEGREES by the military or naval
forces OF the Federal Government. The
people OF the several States came to
recognize that II was the wise and
sensible thing to do to submit their ron.
troversies to a learned, Just n impair
,ial court rather than to go to war
about them.
devastating Europe a great conference
OF all nations. corresponding to the
great Hague conferences. Ia called and
"A common treaty IL made whereby
shall be limited and a real
court of nations shall he established,
! think It is reasonable to believe that
the detestation Of war that will he uni