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result will be; as in the Venezuelan difficulty between the
United States and Great Britain; that when a commission of this
sort has been set at work to ascertain the facts; the howling of
partizans and screaming of sensation…mongers will cease; and the
finding of the commission be calmly awaited。
So; too; the plans adopted for mediation can hardly fail to aid
in keeping off war。 The plans for 〃special mediation〃 and
〃seconding powers;〃 which emanated entirely from the American
delegation; and which were adopted unanimously by the great
committee and by the conference; seem likely to prove in some
cases an effective means of preventing hostilities; and even of
arresting them after they have begun。 Had it been in operation
during our recent war with Spain; it would probably have closed
it immediately after the loss of Cervera's fleet; and would have
saved many lives and much treasure。
Secondly; the extension of the Geneva rules; hitherto adopted for
war on land; to war also on the sea is a distinct gain in the
cause of mercy。
Thirdly; the amelioration and more careful definition of the laws
of war must aid powerfully in that evolution of mercy and right
reason which has been going on for hundreds of years; and
especially since the great work of Grotius。
In addition to these gains may well be mentioned the
declarations; expressions of opinion; and utterance of wishes for
continued study and persevering effort to make the
instrumentalities of war less cruel and destructive。
It has been said not infrequently that the conference missed a
great opportunity when it made the resort to arbitration
voluntary and not obligatory。 Such an objection can come only
from those who have never duly considered the problem concerned。
Obligatory arbitration between states is indeed possible in
various petty matters; but in many great matters absolutely
impossible。 While a few nations were willing to accept it in
regard to these minor matters;as; for example; postal or
monetary difficulties and the like;not a single power was
willing to bind itself by a hard…and…fast rule to submit all
questions to itand least of all the United States。
The reason is very simple: to do so would be to increase the
chances of war and to enlarge standing armies throughout the
world。 Obligatory arbitration on all questions would enable any
power; at any moment; to bring before the tribunal any other
power against which it has; or thinks it has; a grievance。 Greece
might thus summon Turkey; France might summon Germany; the
Papacy; Italy; England; Russia; China; Japan; Spain; the United
States; regarding matters in which the deepest of human
feelingsquestions of religion; questions of race; questions
even of national existenceare concerned。 To enforce the
decisions of a tribunal in such cases would require armies
compared to which those of the present day are a mere bagatelle;
and plunge the world into a sea of troubles compared to which
those now existing are as nothing。 What has been done is to
provide a way; always ready and easily accessible; by which
nations can settle most of their difficulties with each other。
Hitherto; securing a court of arbitration has involved first the
education of public opinion in two nations; next; the action of
two national legislatures; then the making of a treaty; then the
careful selection of judges on both sides; then delays by the
jurists thus chosen in disposing of engagements and duties to
which they are already pledged…all these matters requiring much
labor and long time; and this just when speedy action is most
necessary to arrest the development of international anger。 Under
the system of arbitration now presented; the court can be brought
into session at short noticeeasily; as regards most nations;
within a few weeks; at the farthest。 When to these advantages are
added the provisions for delaying war and for improving the laws
of war; the calm judgment of mankind will; I fully believe;
decide that the conference has done a work of value to the world。
There is also another gainincidental; but of real and permanent
value; and this is the inevitable development of the Law of
Nations by the decisions of such a court of arbitration composed
of the most eminent jurists from all countries。 Thus far it has
been evolved from the writings of scholars often conflicting;
from the decisions of national courts biased by local patriotism;
from the practices of various powers; on land and sea; more in
obedience to their interests than to their sense of justice; but
now we may hope for the growth of a great body of international
law under the best conditions possible; and ever more and more in
obedience to the great impulse given by Grotius in the direction
of right reason and mercy。
CHAPTER L
HINTS FOR REFORMS IN THE DIPLOMATIC SERVICE
In view of a connection with the diplomatic service of the United
States begun nearly fifty years ago and resumed at various posts
and periods since; I have frequently been asked for my opinion of
it; as compared with that of other nations; and also what
measures I would suggest for its improvement。 Hitherto this
question has somewhat embarrassed me: answering it fully might
have seemed to involve a plea for my own interests; so that;
while I have pointed out; in public lectures and in letters to
men of influence; sundry improvements; I have not hitherto
thought it best to go fully into the subject。
But what I now say will not see the light until my diplomatic
career is finished forever; and I may claim to speak now for what
seems to me the good of the service and of the country。 I shall
make neither personal complaint of the past nor personal plea for
the future。 As to the past; my experience showed me years ago
what I had to expect if I continued in the serviceinsufficient
salary; unfit quarters; inadequate means of discharging my
duties; and many other difficulties which ought not to have
existed; but which I knew to exist when I took office; and of
which I have therefore no right to complain。 As to the future; I
can speak all the more clearly and earnestly because even my
enemies; if I have any; must confess that nothing which is now to
be done can inure to my personal benefit。
As to the present condition; then; of our diplomatic service; it
seems to me a mixture of good and evil。 It is by no means so bad
as it once was; and by no means so good as it ought to be and as
it could very easily be made。 There has been great improvement in
it since the days of the Civil War。 The diplomatic service of no
other country; probably; was so disfigured by eminently unworthy
members as was our own during the quarter of a century preceding
the inauguration of President Lincoln; and; indeed; during a part
of the Lincoln administration itself。
During one presidential term previous to that time our ministers
at three of the most important centers of Europe were making
unedifying spectacles of themselves; whenever it was possible for
them to do so; before the courts to which they were accredited。
On one occasion of court festivity; one of them; in a gorgeous
uniform such as American ministers formerly wore; ran howling
through the mud in the streets of St。 Petersburg; the high
personages of the empire looking out upon him from the windows of
the Winter Palace。 Sundry other performances of his; to which I
have referred in the account of my Russian mission; were quite as
discreditable。
Another American representative; stationed at Berlin during that
same period; disgraced his country by notorious drunkenness; and
though some of our countrymen at that capital sought to keep him
sober for his first presentation to the King; they were
unsuccessful。 Happily; his wild conduct did not culminate abroad;
for a murder which he committed in a drunken fit did not occur
until after his return to our country。 A third American
representative at that period published regularly; in his home
newspaper; such scurrilous letters regarding the authorities of
the country to which he was accredited; his colleagues in the
diplomatic service; and; indeed; the country itself; that;
according to common report; his early return home was caused by
his desire to escape the consequences。 These were the worst