Part 15

Among the numerous forces contributing to this evolution of international peace, the chief agencies have been, and still are, moral and industrial. These same forces are working to-day with cumulative effect.

Warfare is becoming more and more inconsistent with the ethical spirit of the times. Men may talk of the expenses, horrors, and devastations of war as paramount causes for the tendency to substitute arbitration; but antedating all other causes, underlying and strengthening all others, is the slowly changing social conscience which, as each generation passes, appreciates more fully warfare's inconsistency with justice and antagonism to right. This same cause found civilized society taking keen delight in the heathen barbarity of a gladiatorial combat, and has transformed and lifted it up to where it is horrified at a bull-baiting or a prize fight. It found human beings with absolute power of life and death over other human beings and has evolved the view that all men are created free and equal. It found individuals settling questions of honor by a resort to arms, and has substituted therefor a judge, counsel, and a jury. These three institutions--gladiatorial combats, slavery, and dueling--were no more regarded in their day as only temporary phenomena of social evolution than is war so regarded by military sympathizers of to-day; yet these have one by one been eliminated, and war is fast becoming as much out of harmony with the ethical spirit of this age as was each of the above out of harmony with the spirit of the age which dispensed with it, and the effort to demonstrate that war is just as dispensable is meeting with success. The teachings of Christ, who two thousand years ago announced the doctrine of human brotherhood and surrendered his life to make this doctrine effective, have slowly but surely wrought their leavening influence upon the source of all war; namely, the hearts of men. Warfare has for centuries been gradually yielding to this deepening consciousness and that it must eventually, if not soon, take its place beside the long-discarded gladiatorial profession, the outlawed slave trade, and the discountenanced custom of the duelist must be evident to any one who takes more than a superficial view of the great determining forces which shape human progress.

Besides moral forces, industrial forces were mentioned as a factor tending to the adoption of arbitration. During recent times, under the impetus caused by the relatively modern innovations of steam, electricity, and the press, this class of causes has been unusually effective. Industry has overstepped international boundary lines. Through the division of labor we are passing from the independence of nations to the interdependence of nations. International banking, transportation, and commerce, by establishing communities of interest in all parts of the world, are binding the peoples of the earth into one great industrial organization. As striking evidence of this development, more than one hundred and fifty international associations and more than thirty-five international unions of states have been formed. The modern intricate system of communication is a veritable nervous system which, in the event of any local paralysis or upheaval, informs the entire industrial organism. The figure is no longer "the shot heard, round the world," but becomes "the pulse-beat felt, round the world." If Spencer's definition of patriotism--that is, coextensive with personal interests--is correct, the bias of patriotism cannot retard the progress of arbitration much longer, for patriotism will be a world-wide feeling, since personal interests are no longer restricted to nationality.

"Annuaire de la Vie Internationale," 1910-1911, reports on 510.--Editor.

No, Herr Stengel, each passing year finds the causes which make for war weakened and the causes which make for arbitration proportionately reënforced. The skeptics are the dreamers and the peace workers are the practical men of affairs.

From the foregoing synopsis of the technical accomplishments of the modern peace movement to date, and from the effort to interpret their significance in the light of fundamental social characteristics and the present social attitude, I trust three things have become evident:

First. The movement for international peace through arbitration, far from being a mere bubble on the surface of society to be burst by the first war cloud which appears on the horizon, is a movement, centuries old, coincident with social evolution, deep-rooted in the very nature of a developing world-wide civilization.

Second. International peace through arbitration is not to be a ready-made affair, coming in on the crest of some wave of popular enthusiasm as was expected by many in 1899.

Third. Being an outgrowth of the natural laws of human development, a result so much deeper and more fundamental than political laws can produce, international peace through arbitration may be furthered, but cannot be accomplished, by legislation; may be delayed, but cannot be prevented, by the neglect to legislate. To undertake to hasten arbitration by forcing legislative proceedings beyond what the people will indorse, would be as futile as to turn up the hands of the clock to hasten the passage of time.

To those who can appreciate these facts there is no occasion for discouragement in the suspicious attitude manifested by the powers toward any definite step in the direction of unrestricted arbitration, apparently so inconsistent with their general pacific professions. "Rapid growth and quickly accomplished reforms are necessarily unsound, incomplete, and disappointing."

F. H. Giddings, "The Elements of Sociology."

With the truth of these deductions granted, it would seem safe to assume that the institutions for the settlement of international difficulties will develop in much the same way as have the institutions for the settlement of difficulties between individuals. It should be profitable, therefore, to compare the present growth of arbitration with the evolution and decay of the various modes of trial as the idea of judicial settlement diffused itself through the mind of the English people causing established forms to give way to something better. Dispensing with the blood feud, which hardly deserves the name of trial, the oldest form of such institution was trial by ordeal which, according to Thayer in his "Evidence at the Common Law," seems to have been "indigenous with the human creature in the earliest stages of his development." This form gradually fell into disuse before the more rational form of compurgation introduced into Teutonic courts in the fifth century. In 1215 it was formally abolished. Compurgation was abolished in 1440 as its inferiority to trial by witnesses became fully recognized. In the latter form, instituted early in the ninth century, when the witnesses disagreed the judicial talent of the day conceived of no other method of decision than to fight it out. Thus we have trial by witnesses and trial by battle developing concurrently, although they were recognized as distinct forms. After two centuries of effort to abolish it, trial by battle was made illegal in 1833, the last case recorded as being so decided occurring in 1835. Out of the trial by witnesses has evolved our modern trial by jury, at first limited to certain unimportant cases, then having its sphere extended as its superiority became more evident, until finally it superseded all other forms and to-day is the accepted mode of settling even questions of honor.

The growth and extension of international arbitration has not been dissimilar to this. Six cases were arbitrated in the eighteenth century, four hundred and seventy-one in the nineteenth, while more than one hundred and fifty cases have been arbitrated during the first thirteen years of the twentieth century. Between the First and Second Hague Conferences only four uses were submitted to the Permanent Court of Arbitration. Since the Second Conference, notwithstanding the unsatisfactory disposition of the Venezuelan affair, eight cases have been tried, a ninth is pending, a tenth will soon be docketed if the United States is not to act the hypocrite in her international relations by refusing to submit to England's request to arbitrate the question as to whether or no we exempt our coastwise vessels from toll duty through the Panama Canal. Defects have been detected in the Permanent Court of Arbitration and we are well on the way toward a better court. Representatives of only twenty-six nations took part in the deliberations of the First Hague Conference; representatives of forty-four nations took part in the deliberations of the Second Hague Conference. Wars of aggression and conquest, though not formally outlawed, are effectively so, and arbitration for the recovery of contract debts is now practically obligatory. As time passes and its feasibility gains credence, arbitration, like the jury trial, will extend its sphere of usefulness until it too settles questions of honor. Nor need we imply from this analogy that it will take such an age to accomplish this result. Because of the increased mobility of society, resulting from the greater like-mindedness and consciousness of kind incident to our modern communities of interests and systems of communication, and from our greater susceptibility to rational rather than traditional appeals, a reform can be wrought more easily and the people can adjust themselves to the change far more readily than several centuries ago.

Bearing in mind, then, our attempted analysis of counter social forces at work, our deductions from this analysis and the foregoing analogy the significance of which grows out of the truth of these deductions, let us conclude with a suggestion as to what the next Hague Conference should attempt. It should, of course, like the former Conferences, extract as many teeth as possible from war. As to improving our arbitration facilities, its first task evidently should be to determine some method whereby members of the Judicial Arbitration Court shall be apportioned and selected. If, as has been suggested, it is decided to use the same scheme of apportionment as that for the International Court of Prize, the provision that each party to a case shall have a representative on the bench should be changed so as to provide that neither party shall have a representative on the bench. If this court is not to be a misnomer like the Permanent Court of Arbitration, its rulings must be in accord with the principles of jurisprudence rather than with the spirit of compromise such a provision would tend to produce. With this accomplished and the Judicial Court of Arbitration put in practical working order "of free and easy access" to the powers, it may be doubted whether anything further can be done. If the powers can be made to agree to submit to the court all cases growing out of the disputed interpretation of treaties, a great advance will have been made, but it is doubtful whether the present state of public opinion would indorse such a progressive step. These international legislators can do no more than provide channels through which the spirit of international peace can exercise itself as it expands, and the Judicial Court of Arbitration, at the optional use of the nations, conforms admirably to this requirement. The delegates should, therefore, avoid the universal tendency of such bodies to legislate too much. None of these Hague Conferences can alone accomplish the ultimate purpose of the so-called dreamers, but each Conference may be a landmark on the upward journey toward that consummation, anticipated by Utopians from the earliest times, foretold by prophets from Micah and Isaiah to Robert Burns and Tennyson, labored for by practical statesmen from Hugo Grotius to William H. Taft, when each man shall be a native of his state and a citizen of the world.

AUTHORITIES

For acts and conventions of Hague Conferences: "Texts of the Peace Conferences" by James Brown Scott.

For data concerning proposed treaty with England: Text of treaty and majority and minority reports of Senate Committee on Foreign Relations.

For statistics of arbitration treaties: "Revised List of Arbitration Treaties," compiled by Denys P. Myers.

For development of trial by jury: "Evidence at the Common Law" by Thayer.