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and their co-states, the Republic of Venice and its co-states, the King of Naples and the King of Sardinia.
Each of these nineteen powers was to have a single vote, and the smaller republics and princes to be associated in the league might have a single collective vote.
The fourth article provided for the use of armed force against any state which refused to comply with the judgments or regulations of the Assembly, while the fifth conferred on the Assembly the power to enact by a plurality of votes all laws necessary and proper to carry into effect the objects of the league, though no alteration in the fundamental articles might be made without unanimous consent.
Although the times were perhaps but slightly sympathetic toward the object of Saint-Pierre, his program contemplated a system obviously too inflexible and rigid.
The second exponent of enforced peace appeared also in France, in the person of Rousseau, who adopted and elaborated the project of his predecessor in 1769, in a published work entitled Extrait du Projet de Paix perpetuelle de M. L'Abbé de Saint-Pierre.
European public law, founded on no fixed principles, wrote Rousseau, has incessantly varied, and accommodated itself to the will of the most powerful; so that constantly recurring wars have become inevitable, and the general sense of insecurity has compelled even the most pacific states to maintain permanent military establishments disproportioned
to their resources and oppressive to their people. It would be a fatal error to suppose that these evils can ever be remedied by the mere natural force of things, without calling in the aid of political science. The system of Europe has precisely that degree of solidity which keeps it in a state of perpetual agitation, without overthrowing it. ... In order to substitute for this imperfect association a solid and durable confederacy, all its members must be placed in such a state of mutual dependence, that no one shall be able to resist all of the others united, or to form separate alliances capable of resisting the general league. For this purpose it is indispensable that the confederacy should embrace all the European powers; that it should have a supreme legislature, capable of establishing general regulations for its government, and a judicial tribunal adequate to give effect to these regulations; that it should possess a coercive power capable both of restraining and compelling the action of its members; and sufficient authority to prevent any of them from withdrawing from the union whenever caprice or interest may dictate.
On the eve of the Napoleonic wars, which were characterized by the most flagrant repudiation of public law, the third apostle of peace appeared, in England, the Jurist Jeremy Bentham, who, however, introduced a profoundly significant conception into his program. He adopted the idea of a league, with a common legislature and common
tribunal, but he did not conceive the break out. The code expounded by expedient of armed force as neces-'*** public jurists to nations has never sary to sustain the system. Let the had the obligatory force of law, proceedings of the league be public properly so called, for want of an and circulate freely in each state adequate coercive sanction. The with the judgments arrived at and field of battle is the only tribunal the force of public opinion will usual- where states plead for their rights; ly be adequate, he maintained. It but victory, which ends the litigamight become necessary to use force, tion, does not finally decide the conbut the necessity for its employment troversy. The treaty of peace, which would, in all human probability, be may follow, is, in effect, a mere sussuperseded by guaranteeing the lib- pension of arms, the contending parerty of the press in each state and ties still remaining in a state of by the most extensive circulation of hostility towards each other, without the findings of the court or the other being subject to the reproach of inagencies in any case.
justice, since each party is the exWhatever may be the practical clusive judge in its own cause. The difficulties in Bentham's program it state of peace must, consequently is philosophically sound with respect ever remain insecure, unless guarto the power of public opinion and anteed by a special compact having the facility with which it forms un- for its object the perpetual abolition der the stimulus of a free press of war. Nations must renounce, as
The last and most interesting of individuals have renounced, the anthe four personages was Immanuel archical freedom of savages, and subKant, the philosopher of Königsberg, mit themselves to coercive laws, thus whose projects of perpetual peace forming a community of nations, were put forward at the beginning civitas gentium, which may ultimateof the last world war in 1795. He ly be extended so as to include all lays down as a primary condition the people of the earth. that every state composing the proposed world league, must have a
In his metaphysics of jurispruform of government where every citi
dence published in 1797, Kant says zen participates by his representa
that “the natural state of nations, tives in the exercise of legislative being like that of individuals, a state power, and especially in the decision which must be abandoned in order of questions of peace and war. to enter into a social state sanctioned In the existing system of inter- by
by law,-every right acquired by national relations, he says, the state war previous to this transition must of nature, which has ceased as be- be considered as provisional merel tween individuals whilst it still sub- until confirmed by a general union sists as between nations, is not a of independent states, analogous to state of peace, but of war, if not that association of individuals which flagrant, at least always ready to forms each separate state. ..."
Nations med at the He Century wiers of the
“Such a general association of states, hav-n looking to permanent peace we caning for its object the preservation of peace, might be termed the permanent Congress of not ignore the facts that states are Nations. Such was the diplomatic Confer- living organisms, subject to the ence formed at the Hague during the first part of the eighteenth century, with a simi- natural laws of growth and decay: lar view, consisting of the ministers of the
that there are inherent forces in greater part of the European courts and even of the smallest republics. In this man life, individual as well as national, ner all Europe was constituted into one greater than any rational force that federal state, of which the several members submitted their differences to the decision of
may seek to restrain them, and that this conference as their sovereign arbiter. any system not flexible enough to Since that epoch the law of nations may be said to have remained in the books of the recognize these conditions is forepublic jurists a dead letter without practical doomed to failure. influence on the actual conduct of governments, or else has been invoked when too While the eighteenth century is late to correct the irreparable evils inflicted by the abuse of force. ...
interesting from a mere historical "Such a Congress and such a League are viewpoint, it is not comparable in the only means of realizing the idea of a true public law, according to which the dif
actual achievement to the nineteenth ferences between nations would be deter century, under the quickening influmined by civil judicature, instead of resort
ences of scientific discoveries and ing to war, a means of redress worthy only of barbarians.”
invention. This change has been adThe beneficent preaching of Kant mirably summarized by Mr. Root, was not only barren of converts but who says: it was soon therafter brought into
“Now, however, there may be seen plainly contempt by the younger philoso the effects of a long continued process which pher, Hegel, who maintained that is breaking down the isolation of nations,
permeating every country with better knowlwar is that state of things in which edge and understanding of every other the hackneyed phrase of the vanity country, spreading throughout the world a
knowledge of each government's conduct, to of temporal goods becomes a reality, serve as a basis for criticism and judgment, a state of things in which the moral and gradually creating a community of na
tions in which standards of conduct are behealth of nations is preserved by ac
ing established; and a world-wide public tion, as the movements of the winds opinion is holding nations to conformity or
condemning them for disregard of the estaband waves preserve the sea from that
lished standards. The improved facilities for complete stagnation which a per travel and transportation, the enormous in
crease of production and commerce, the repetual calm would necessarily pro
vival of colonization, and the growth of coloduce. A state of perpetual peace, nies on a gigantic scale, the severance of the he asserted, if it could be realized,
laborer from the soil, accomplished by cheap
steamship and railway transportation and would produce a like moral stagna the emigrant agents, the flow and return of
millions of emigrants across national lines, tion among nations.
the amazing development of telegraphy and Aside from the merits of the ques of the press, conveying and spreading in
stant information of every interesting event tion as to the place of armed force
in regions however remote-all have played in any scheme of world organization their part in this change.”
A flash of the words “World Peace" significantly marked the close of the San Diego, California, International Exposition. A current issue of the Universal Film Company's Animated Weekly at motion picture
theatres reproduces the scene. A magnificent pyrotechnical display culminates in the letters of fire: World Peace-then the lights of the Exposition are all out. Audiences rise to the sentiment of this climax.
The Scheme for a League of Nations
By H. N. BRAILSFORD British Author and Journalist, in an Open Letter to the London Nation M HE American and British so- armaments. But the scheme seems to
cieties which have drafted two me in one respect to require too much
similar schemes for the constitu- and in another to provide too little. tion of a League of Nations have Is it really conceivable that all the taken the only possible course by de- States which would wish to adhere vising a definite and moderate plan will take an unlimited and general round which public opinion may pledge to back the League in every rally. As an outline sketch there emergency with arms ? Should we could hardly be a better starting really be prepared to join Germany point. But I would like to second in coercing France by arms, if she (though from a different standpoint) were the offender? Would Austria the able plea of Mr. Pethick Law- join Italy in coercing Germany? rence, that these two outlines, good Again, do we expect the little neutrals and useful as they are, ought not to assume all the duties of a Great even yet to be treated as the final Power? Are Denmark and Holland draft of what unofficial opinion de- to promise to join at once in case of mands. It is, I think, rather more need in the possible coercion of Gerthan its authors realize, a product of many, or Sweden and Roumania in the British and American mind, and the possible coercion of Russia? To we must be prepared for some modifi- what extent do we expect the aid of cation of it when Continental thought any given Power? Are we going to has been brought to bear upon it. I call Japan and Argentina, for exhave seen no detailed Continental ample, to take an unlimited share in criticisms, but if it is at all useful to a possible Continental war conducted make a guess, one might anticipate by the League? We might exclude the raising of two points.
the small States who would shrink (1) I am sure that the two schemes from these heavy obligations, but in are right in insisting that the League that case the League would mean must contemplate the use of force in merely the dictatorship of the Great the last resort to ensure recourse to Powers, and it would miss the balancconciliation or arbitration in all dis- ing voices of the neutrals in its counputes, and if it contemplates it, it sels. The pledge, it seems to me, must must prepare for it. To leave this be more elastic than these model vague would merely mean that all the drafts contemplate. Member-States, Powers would be driven, as the only while all agreeing to support the alternative, to strive for security League, must be able to do so, subby the delusive, traditional methods ject to the specific obligations into of hostile alliances and competitive which each of them may freely enter. This would be unworkable unless the putant to accept an award or recomLeague develops a Central Executive mendation. Short of war, economic as well as a court and a council-at coercion may be applied, though it least in the sense of a permanent com- would be apt to lead to war. Most mittee of ambassadors sitting for vital of all is, I think, that all Powrapid deliberation in an agreed cen- ers should enter into a declaration ter. The British and American view by which they repudiate any existing is too little alive to the terrific risks or future obligation to assist an ally which a general pledge would impose who has gone to war without observon Continental States.
ing the procedure of the League, or (2) Britain and America are
has become involved in war through satisfied Powers. We have no un
his failure to accept or execute an redeemed kinsmen, no lost provinces,
award or recommendation of a court no crying need for expansion. There or council of the League. results a tendency to think of peace The objection to enforcing the recas something static, and to under- ommendations of a Council of Counestimate the real needs for change in ciliation, even if this enforcement be the world which make for war. So it optional and not obligatory, is of comes about that while both schemes course, as Mr. Pethick Lawrence pledge the League to take coercive pointed out, that if the members of a action to prevent the outbreak of war Council felt that its report might inwithout a recourse to peaceful means volve their own country in war, they of settlement, neither plan includes would tend to make a compromising any provision by which even in the recommendation, and ideal justice grossest cases, these peaceful means would be unobtainable. In some may be made effective. Is it really measure, this is clearly true. But do intended that if a bully is hypocrite we want ideal justice? Ideal justice enough to go to law, and then rejects would wreck any society which practhe award of the court or the advice tised it. If the Council suggested of the council, he may thereafter deliberately the kind of settlement work his will on a weak and innocent which would not be likely to lead to adversary while the League looks on war, the kind of settlement which indifferent? It would, I am sure, be each party would really be likely to unwise to pledge the League to en- accept, a settlement so moderate and force awards or recommendations. reasonable that in the last resort it But it certainly ought to contem- might be enforced, where would be plate cases in which it would have the loss? That is better than abto take action. Once more it seems stract justice. necessary to create an Executive and Is there no alternative sanction to to charge this Executive with the direct coercion? Though the League duty of deliberating on what action, must undoubtedly be prepared to coif any, is required, when war is likely erce, there is a grave risk that if it to result through the failure of a dis- thinks continually in terms of force,