Chapter 12

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.