In my opinion, the League made two serious errors: First, in Article
III of its constitution where it excepted "non-justiciable" cases from
the control of the proposed league. It is unsafe to devise any law
or rule of action which permits of too numerous or too ill-defined
exceptions. If criminal law exempted non-justiciable questions from
the jurisdiction of courts, no criminal, even the most heartless
murderer, could be convicted. The ingenuity of lawyers could always
prove some non-justiciable element entered into the crime. The same
would be true of nations. Those most powerful and best prepared for
war would assume greater latitude in defining what was justiciable
and would show less punctiliousness in endeavoring to establish their
definition than nations smaller and less well prepared. Statesmen
and diplomats working in secret would easily show any question about
to lead to war as "non-justiciable" and not to be presented to the
international court set up by a league composed of many nations too
weak to be respected by the powerful.
The second mistake was to yield, as an organization, to the
allurements of "Trial by Combat," and to endeavor, as a league, to
induce our nation to intervene in the present war. Members might take
this course as individuals, but, when they made it the act of a league
for _peace_ they stultified the league, and in my opinion, destroyed
any great power for usefulness the league might have in the future.
[Illustration: DUELLING PISTOLS BROUGHT FROM ENGLAND BY NANNIE'S
GREAT UNCLE.]
TRIAL BY COMBAT
PERSONAL TRIAL BY COMBAT
I hope to show a close analogy between the personal trial by combat
legalized throughout Europe for many hundreds of years (now legal
nowhere, practically abandoned in all civilized countries), and
international trial by combat, still existing throughout the world.
Describing conditions before the middle ages, George Nielson, in his
"Trial by Combat," says:
"=Nothing was too high for it, nothing too low. It would establish
the virtue of a queen, test the veracity of a witness, or re argue
the decision of a judge; it would hang a traitor, a murderer, or a
thief; it would settle a disputed point of succession, give a widow
her dower, or prove a questioned charter. From such high arguments as
these, it descended with equal ease to discuss debts of every kind and
of whatever amount, and a French monarch earned a title as a reformer
when he disallowed it where the principal sum in plea was under five
sous.="