Friday, June 28, 2013

America And Peace.

New York Times 100 years ago today, June 28, 1913:
    Secretary Bryan announces that eighteen Governments have now accepted in principle the proposal of the United States to submit all differences to a commission of inquiry before pronouncing- them incapable of peaceful settlement, the latest assenting Government being the Spanish. No Government has, however, as yet offered to open negotiations. Meanwhile the United States Department of State has formed its tentative plan for the composition of the commissions of inquiry. Each party to a treaty of this sort is to name two of its own citizens and two Commissioners selected from other nationalities, and the fifth member of the commission is to be chosen jointly by the two Governments. It is the hope of Mr. Bryan that each commission thus formed will be a continuing body prepared to take cognizance of whatever matters may arise for its study.
    The element of continuity is an important one. The work of inquiry would undoubtedly gain in efficiency with the experience of the Commissioners engaged in it; «-these would naturally develop guiding principles in each inquiry that might be of use in subsequent ones, and as the results of their labors would have added weight with each successful effort, there would tend to arise a body of precedents and of doctrine that would define and strengthen International law in general. It would be desirable, and would not be impracticable, that the various commissions acting for the United States with the different Powers should establish some degree of communication and conference. It might even be found practicable that the same Commissioners named by this country should act in different cases. In that event it is probable that they would gradually acquire some of the prestige of a permanent court. It is not, of course, intended that the commissions shall make decisions. Their prime function will be that of inquiry. But they would necessarily consider the facts in any case submitted to them in the light of the obligations and the rights established by international law as they understand it. Their reports would embody their interpretation of that law, and so far as they should influence the action of the Governments concerned, this interpretation would tend to shape the accepted provisions of that law.
    It will be remembered that the avowed aim of the treaties with Great Britain and France negotiated by President Taft was to promote the establishment of an international tribunal which ultimately would have jurisdiction over all disputes arising between the parties to the treaties. And it was the expectation of Mr. Taft, should the treaties with these two Powers work well, that other Powers would accede to the same plan and gradually the general tribunal would be evolved. It was an essential part of Mr. Taft's plan that there should be the commissions of inquiry which Mr. Wilson's plan also provides for. Mr. Taft had an opportunity, after his proposed treaties were modified, to secure these commissions — and much more — but for reasons that have never been explained he did not avail himself of it. Now that there is a fair probability that Mr. Wilson will be able to attain this measure, it is extremely desirable that it shall be made to contribute as much as possible to the accomplishment of the broader design.
    If it should come about that the two Commissioners who are citizens of this country and the two selected by our Government from other nationalities, in the first case arising between the United States and, say, Great Britain, should be retained for service in questions arising between the United States and other countries with whom differences should occur, it is plain that with each successive case the labors of the commissions in which they took part would tend to become more effective, to shape international usage, which is the basis of international law, and to educate public opinion as well as to influence the action of Governments. There would be the beginning of something like judicial adjustment of international differences. From that beginning subsequent steps in advance would be progressively easy.

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