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284 THE CONGRESS OF WOMEN.
accepted by the British minister, but failed to pass the United States Senate. The conditions of the protocol were pronounced insufficient to secure just reparation to the United States. It was probably only the strong aversion to war by both the litigants that prevented an outbreak. When, in 1871, it was finally agreed to submit the vexed question to arbitration, owing to the insufficiency and vagueness of international laws, much time was wasted in the discussion of legal points. That the temper of two nations so high-spirited as Great Britain and the United States stood the test of a long and irritating negotiation until the vexed question was finally settled, is worthy of high commendation. These three arbitrations, involving as they do questions of national honor, are instructive precedents.
It is difficult to analyze the present situation of the world as to peace and war. The history-making events of today will not be properly understood until they have been looked at in perspective. In spite of the progress of arbitration during the last half century, to venture an opinion one must carefully have studied the general trend of social revolution. The character of warfare and its causes have greatly changed. The brutal struggle for self-preservation is no more. Wars of conquest belong to the days of Caesar and Alexander. Wars undertaken for the gratification of personal ambition have hardly been possible since the First Napoleon. With the change from unlimited to constitutional monarchy, the people have too strong a voice to allow a war to be undertaken merely for the aggrandizement of an ambitious monarch; the populace of today does not clamor for war unless under gtrong provocation. Broadly speaking, we may infer that wars arising from trivial disputes tend to become less and less frequent. On the other hand, the great underlying causes of strife tend to become fewer, but far more deep-seated, reaching to the very vitals of national life. Whether war will finally vanish from off the face of the earth, no man can tell. It seems probable that conflicts will become fewer and more intense; but not until the deep- lying causes of strife are removed will the evil be banished forever.
Fifteen years ago much was said about the establishment of an International tribunal or of a court of arbitration. According to recent reports of the Peace Associations, the present aim of the movement is to persuade the nations to sign arbitration treaties.
The most serious obstacle to the introduction of international arbitration as a permanent institution has been the indecision of its advocates as to the method of conducting cases. The most popular and successful plan has been the appointment of a mixed commission, small enough to be easily managed, large enough to work rapidly and systematically, unhampered by diplomatic “ red tape.” Still, such a commission is temporary—unsuited to a scheme of permanent arbitration. A permanent mixed tribunal would insure impartiality. Such a scheme would imply the abolition of standing armies or a uniform reduction in their numbers. The question has been raised by doubters, how will such a tribunal be able to enforce its decisions if the army be banished? Some have suggested that each nation furnish its quota of soldiers to form a kind of international police. Such an institution, however, would seem an inconsistency, if a tribunal, aiming to substitute reason and justice for the sword and bayonet, be obliged to use them in the execution of its decrees.
There is apparently some confusion in the public mind between an International Court and a Permanent Commission of Arbitration. The former should mean a Court of International Law, and to be effective, should be composed of the most eminent jurists and statesmen of whom the world can boast, men who know the laws of nations as they now exist, and who are capable of interpreting and codifying these laws. There is urgent need of a complete and precise code of International Law. A Court of International Law would find its authority in the majesty of the law, and the moral support of the nations ought to be a sufficient guarantee for the acceptance of its decrees. Any government which refused to abide by the decisions of so august a body would suffer eternal disgrace in the eyes of the world, to say nothing of the material loss of commercial good-will. The expense of such a court, shared by the participating nations, would be comparatively light.