The actual procedure of the Hague congresses enables us to forecast
exactly this result. The judicial bench of that court was a
bargain-counter, over which political advantage was bartered for
political advantage. It was no real love of peace that dominated those
tribunals: only the powerful nations spoke or were heard. No protection
was suggested for the weaker nations, who, presumably, would be most
benefited by international arbitration. They were quite out of the
running.
International arbitration will ultimately become a political machine.
Nothing can prevent it, and there is no reason to believe that those
politicians who will have control of the international arbitration
machine will be any more honest than other machine politicians.
ALL LAW MUST BE BACKED BY FORCE
It is a popular belief that when the paradoxical conciliatory legal
persuasion in the form of arbitration goes into effect, we shall no
longer require any armaments, but may forge our swords into plow-shares
and spears into pruning-hooks, disband our armies, and return the
soldiers to the shops and farms.
We are prone to forget that law is as much a representative of the
requisite power behind it for its enforcement as a paper dollar is a
representative of the requisite gold available for its redemption. A
well-known orator came very near becoming President through a popular
misconception as to the interdependence of gold and paper money, and he
failed to get the Presidency because of a public awakening to the error.
We are prone to forget, furthermore, that it is the respect for power
behind law that makes possible its enforcement. Any law to adjust
international differences by arbitration will simply be an embodiment
of the collective wisdom of allied Powers in the exercise of force, and
a force that is representative of their banded armies and navies.
International law is static military force. War is the dynamic form of
the same force. I believe in international arbitration for all it is
worth. It is a good thing to push along. It will unquestionably lessen
the frequency of wars, but many wars are sure to come in spite of it,
and because of it.
NON-JUSTICIABLE DIFFERENCES
There are ills of national bodies politic that can be cured only by the
sword. Insurmountable differences between various nations and races of
men are always sure to arise, as impossible to arbitrate as the
differences between the herbivora and the carnivora.
The existence of the carnivora depends upon the sacrifice of the
herbivora. Their interests are, from their very nature, antagonistic,
and their differences are, by consequence, insurmountable, and not
justiciable. The harmony of nature depends upon inharmony between the
meat-eaters and the vegetable-eaters, and the harmony of modern progress
has likewise depended in large measure upon formative inharmony between
peoples.
Public-domain text, read in full here on John Shaqi.
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