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arbitrated at The Hague, and Mr. Buchanan was properly selected as agent of the Government, and had he lived would have appeared as such before the Hague tribunal in the ensuing year.
It is not possible within the short compass of an editorial comment, even adequately to outline Mr. Buchanan's career or to state in detail his many and substantial claims to public recognition and remembrance; but this brief comment will fail of its purpose if it has not shown him as a sincere believer in the peaceful settlement of international difficulties, a cause which he greatly advanced both in South and Central America. It is in no sense an exaggeration to say that Mr. Buchanan made the world better by having lived in it.
PROPOSAL TO MODIFY THE INTERNATIONAL PRIZE COURT AND TO INVEST IT AS MODIFIED WITH THE JURISDICTION AND FUNCTIONS
OF A COURT OF ARBITRAL JUSTICE
The Department of State has had under consideration the possibility of a modification of the convention for the establishment of the International Prize Court of such a nature as to disarm any constitutional objections to it on the part of the participating states and has carefully considered the means by which full effect may be given to the recommendation of the recent Hague conference regarding the establishment of the Court of Arbitral Justice.
As a result of the study and reflection, the Department of State believes that not only the International Prize Court may be established with unessential modifications but that at one and the same time the Court of Arbitral Justice may be constituted by investing the Prize Court, as modified, with the jurisdiction and functions of a Court of Arbitral Justice. The Prize Court as constituted at the recent Hague conference presupposes an appeal from a final decision of a national court to the International Prize Court established at The Hague, but as such a system would involve interference with the internal organization of certain countries and very considerable legislation in order to carry it into effect, it has occurred to the Department of State that the desired result, namely, an international determination of controversies arising out of capture, might be secured without interfering with the judicial systems of various countries. It is not the practice of this country to submit decisions of the Supreme Court to arbitration, although from the beginning of the government it has been customary to submit
the question involved in the decision to the consideration and determi. nation of a mixed commission or arbitral tribunal. The results of such submission have been satisfactory, even although the sentences of the mixed commissions have not at all times been in accord with national decisions. Great Britain and the United States have repeatedly adopted this method of settling international difficulties, notwithstanding sentences contrary to decisions of their municipal courts upon the questions involved, and each nation has cheerfully complied with the award of the temporary and mixed tribunals.' The Prize Court convention contemplates the award of damages in cases in which the property is no longer subject to national control, and, taking advantage of this alternative method, the Department of State proposes that the question involved in the decision of a national court instead of the judgment shall be submitted to international and therefore impartial consideration; that the proceedings thereupon to be had shall be in the nature of a trial de novo, and that the judgment shall be limited to the assessment of damages where the capture has been found illegal. A decision would thus be had upon the question involved, the judgment of the national court would not be directly involved or reversed upon appeal, and the fundamental purpose of the convention, i. e., the determination of the controversy by a permanent and impartial court composed of fifteen judges, would be obtained. A clause in the instrument of ratification by the Powers consenting to this alternative procedure would permit for the consenting Powers this method of determination and bring the procedings of the Prize Court within the international practice of enlightened nations.
Great as are the advantages of the International Prize Court and the benefits likely to result from its establishment, the fact is and should not be overlooked that a prize court presupposes the existence of war, because capture of private property of neutrals is only permitted in maritime warfare. The Department of State is, however, unwilling that a war court should be established to the neglect of controversies arising in peace, which, if unsettled, may create an unfriendly feeling and indirectly be the cause of war. Therefore, the Department of State is anxious to secure the establishment of a permanent tribunal competent to pass upon what may be called peaceable controversies and to determine them before national feeling has become aroused.
The project for the catablishment of an International Court of Arbitral Justice, introduced by the American delegation to the Second Hague Conference, was accepted in principle, the draft convention of 35 articles concerning the organization, jurisdiction and procedure of the proposed court was adopted, and the establishment of the court was recommended through diplomatic channels. As the method of composition of both courts was to be substantially the same, i. e., to consist of approximately fifteen judges selected in such a way as to represent the various systems of law as well as the languages in use, and as it is easier to enlarge the jurisdiction of an existing institution than to create a wholly new one, the Department of State after mature reflection has come to the conclusion that it would be feasible to invest the International Prize Court with the jurisdiction and functions of a Court of Arbitral Justice for any and all nations consenting thereto, which could be done without the change of a letter in the draft convention for the Court of Arbitral Justice by the simple expedient of inserting in the instrument of ratification of the International Prize Court a clause permitting the Prize Court and the judges to accept jurisdiction and decide any case of arbitration presented to it by a signatory of the International Prize Court.
Should this proposal, which has already been communicated to the interested nations, meet with their approval, the result would be not merely the establishment of the International Prize Court but the constitution of the Court of Arbitral Justice; and one and the same international tribunal sitting alike in war and in peace, would be competent to decide not merely controversies arising out of war, but controversies which if unsettled might in themselves be the cause of war.
The method proposed is well known in theory and practice, because in our system of jurisprudence one and the same judge administers law and equity, admiralty and prize.
The Department of State is not without precedent in making the proposal, because article 10 was excluded from the convention for the adaptation to maritime warfare of the principles of the Geneva Convention, adopted by the First Peace Conference, upon request of The Netherland government through diplomatic channels for the reason that the article in question was not in conformity with the legislation of certain Powers and was likely to meet with opposition in the parliaments «alled upon to approve the convention.
1 For identic circular note of the Secretary of State submitting the proposal to the Powers, see Supplement, p. 102.
It is therefore hoped that a proposition so reasonable in itself and based upon precedent will meet with a friendly response, and that not only the International Prize Court but the Court of Arbitral Justice may be established for the consenting Powers at one and the same time. It is impossible to overestimate the benefits that would accrue from the establishment of this international tribunal, because, permanently in session, it would not need to be constituted; it would always be open to receive and decide cases submitted to it, and the expenses of the court would be borne by the community of nations, thus obviating the delays in the constitution of the temporary tribunal and the large expense incidental to its operation.
PROPOSED EXCHANGE PROFESSORSHIPS WITH LATIN-AMERICA
The Department of State has had under consideration means whereby the friendly relations subsisting between Latin-America and the United States may not only be maintained but increased by calling into operation and organizing the intelligence and intellectual resources of the various countries of the western hemisphere.
The last few years have brought Pan-America into intimate contact and it is to be expected that trade relations will follow in the wake of good understanding, but the Department of State is anxious not merely to foster the interchange of material products, but by an interchange of ideals to create public opinion and sentiment based upon the ideals and the sentiments common to Pan-America, for, geographically, America is a unit; commercially, each of its members is being brought into more frequent contact; and, intellectually, each should contribute to the knowledge of each and to the advancement of all.
The Department of State has, therefore, matured a project and presented it to the Bureau of American Republies in order that the governing board may consider it, and, if it meets with approval, work out the details necessary to carry it into effect. In brief, the project seeks to accentuate the great benefits which would accrue to Pan-America by the establishment of exchange professorships by virtue of which competent professors in our various universities would familiarize Latin-America with American scholarship, ex pound the aims and purposes of our insti. tutions, the means by which they have been created and maintained and their influence extended, and, in addition, carry to them a message of
sympathy and encouragement with the efforts they are making toward a common goal. On the other hand, the presence of Latin-American professors at our universities would enable us to understand as never before, not merely the difficulties of Latin-America but the progress made in spite of those difficulties, and the visiting professors would inform themselves upon our methods of instruction, our political aims, purposes and ideals, and, on returning to their various homes, would form a center of American influence.
The system of exchange professorships exists between Harvard and Columbia, on the one hand, Berlin and Paris, on the other, and the results already produced by this intellectual exchange amply justify the experiment; but it is evident that the results flowing from the establishment of exchange professorships with Latin-America would be much greater, that the exchange professor would be an important factor in interpreting the aims and policies as well as the scholarship of his country to the country of his mission, and that the international relations of Pan-America would be greatly improved.
Therefore, the Department of State has proposed a system of exchange professorships between the educational institutions of the United States and Latin-America and, without specifying the details of the system, it is obvious that under the general plan to be worked out by the Bureau of American Republics, any university of the United States might exchange professors with any Latin-American university by granting a leave of absence without an increase of salary, although the expenses of travel and transportation should be met either by the interested universities or by a special fund created by the generosity of some donor interested in the movement or by a general contribution from the states composing the Bureau of American Republics.
It is a truism that misunderstandings arise from a lack of acquaintance of the contending parties, and the presence of exchange professors would, undoubtedly, by disseminating knowledge, by bringing the various peoples into close social and intellectual contact, disarm suspicion and create sympathetic and permanent bond.
The Department of State, therefore, feels that the establishment of the system of exchange professorships would not only maintain friendly relations but increase them in force and intensity, and upon the basis of common understanding derived from personal knowledge draw all portions of the American hemisphere into closer contact.