There is, therefore, the very serious consideration attendant upon what is loosely styled "compulsory" arbitration,—arbitration stipulated, that is, in advance of a question originating, or of its conditions being appreciated,—that a state may thereby do that which a citizen as towards the state does not do; namely, may voluntarily assume a moral obligation to do, or to allow, wrong. And it must be remembered, also, that many of the difficulties which arise among states involve considerations distinctly beyond and higher than law as international law now exists; whereas the advocated Permanent Tribunal, to which the ultra-organizers look, to take cognizance of all cases, must perforce be governed by law as it exists. It is not, in fact, to be supposed that nations will submit themselves to a tribunal, the general principles of which have not been crystallized into a code of some sort.
A concrete instance, however, is always more comprehensible and instructive than a general discussion. Let us therefore take the incidents and conditions which preceded our recent war with Spain. The facts, as seen by us, may, I apprehend, be fairly stated as follows: In the island of Cuba, a powerful military force,—government it scarcely could be called,—foreign to the island, was holding a small portion of it in enforced subjection, and was endeavoring, unsuccessfully, to reduce the remainder. In pursuance of this attempt, measures were adopted that inflicted immense misery and death upon great numbers of the population. Such suffering is indeed attendant upon war; but it may be stated as a fundamental principle of civilized warfare that useless suffering is condemned, and it had become apparent to military eyes that Spain could not subdue the island, nor restore orderly conditions. The suffering was terrible, and was unavailing.
Under such circumstances, does any moral obligation lie upon a powerful neighboring state? Or, more exactly, if there is borne in upon the moral consciousness of a mighty people that such an afflicted community as that of Cuba at their doors is like Lazarus at the gate of the rich man, and that the duty of stopping the evil rests upon them, what is to be done with such a case of conscience? Could the decision of another, whether nation or court, excuse our nation from the ultimate responsibility of its own decision? But, granting that it might have proved expedient to call in other judges, when we had full knowledge of the circumstances, what would have been our dilemma if, conscience commanding one course, we had found ourselves antecedently bound to abide by the conclusions of another arbiter? For let us not deceive ourselves. Absolutely justifiable, nay, imperative, as most of us believe our action to have been, when tried at the bar of conscience, no arbitral court, acceptable to the two nations, would have decided as our own conscience did. A European diplomatist of distinguished reputation, of a small nation likeliest to be unbiassed, so said to me personally, and it is known that more than one of our own ablest international lawyers held that we were acting in defiance of international law as it now exists; just as the men who resisted the Fugitive Slave Law acted in defiance of the statute law of the land. Decision must have gone against us, so these men think, on the legal merits of the case. Of the moral question the arbiter could take no account; it is not there, indeed, that moral questions must find their solution, but in the court of conscience. Referred to arbitration, doubtless the Spanish flag would still fly over Cuba.
There is unquestionably a higher law than Law, concerning obedience to which no other than the man himself, or the state, can give account to Him that shall judge. The freedom of the conscience may be fettered or signed away by him who owes to it allegiance, yet its supremacy, though thus disavowed, cannot be overthrown. The Conference at The Hague has facilitated future recourse to arbitration, by providing means through which, a case arising, a court is more easily constituted, and rules governing its procedure are ready to hand; but it has refrained from any engagements binding states to have recourse to the tribunal thus created. The responsibility of the state to its own conscience remains unimpeached and independent. The progress thus made and thus limited is to a halting place, at which, whether well chosen or not, the nations must perforce stop for a time; and it will be wise to employ that time in considering the bearings, alike of that which has been done, and of that which has been left undone.
Our own country has a special need thus carefully to consider the possible consequences of arbitration, understood in the sense of an antecedent pledge to resort to it; unless under limitations very carefully hedged. There is an undoubted popular tendency in direction of such arbitration, which would be "compulsory" in the highest moral sense,—the compulsion of a promise. The world at large, and we especially, stand at the opening of a new era, concerning whose problems little can be foreseen. Among the peoples, there is manifested intense interest in the maturing of our national convictions, as being, through Asia, new-comers into active international life, concerning whose course it is impossible to predict; and in many quarters, probably in all except Great Britain, the attitude toward us is watchful rather than sympathetic. The experience of Crete and of Armenia does not suggest beneficent results from the arbitration of many counsellors; especially if contrasted with the more favorable issue when Russia, in 1877, acting on her own single initiative, forced by the conscience of her people, herself alone struck the fetters from Bulgaria; or when we ourselves last year, rejecting intermediation, loosed the bonds from Cuba, and lifted the yoke from the neck of the oppressed.
It was inevitable that thoughts like these should recur frequently to one of the writer's habit of thought, when in constant touch with the atmosphere that hung around the Conference, although the latter was by it but little affected. The poet's words, "The Parliament of man, the federation of the world," were much in men's mouths this past summer. There is no denying the beauty of the ideal, but there was apparent also a disposition, in contemplating it, to contemn the slow processes of evolution by which Nature commonly attains her ends, and to impose at once, by convention, the methods that commended themselves to the sanguine. Fruit is not best ripened by premature plucking, nor can the goal be reached by such short cuts. Step by step, in the past, man has ascended by means of the sword, and his more recent gains, as well as present conditions, show that the time has not yet come to kick down the ladder which has so far served him. Three hundred years ago, the people of the land in which the Conference was assembled wrenched with the sword civil and religious peace and national independence from the tyranny of Spain. Then began the disintegration of her empire, and the deliverance of peoples from her oppression, but this was completed only last year, and then again by the sword—of the United States.
In the centuries which have since intervened, what has not "justice, with valor armed," when confronted by evil in high places, found itself compelled to effect by resort to the sword? To it was due the birth of our own nation, not least among the benefits of which was the stern experience that has made Great Britain no longer the mistress, but the mother, of her dependencies. The control, to good from evil, of the devastating fire of the French Revolution and of Napoleon was due to the sword. The long line of illustrious names and deeds, of those who bore it not in vain, has in our times culminated—if indeed the end is even yet nearly reached—in the new birth of the United States by the extirpation of human slavery, and in the downfall, but yesterday, of a colonial empire identified with tyranny. What the sword, and it supremely, tempered only by the stern demands of justice and of conscience, and the loving voice of charity, has done for India and for Egypt, is a tale at once too long and too well known for repetition here. Peace, indeed, is not adequate to all progress; there are resistances that can be overcome only by explosion. What means less violent than war would in a half-year have solved the Caribbean problem, shattered national ideas deep rooted in the prepossessions of a century, and planted the United States in Asia, face to face with the great world problem of the immediate future? What but war rent the veil which prevented the English-speaking communities from seeing eye to eye, and revealed to each the face of a brother? Little wonder that a war which, with comparatively little bloodshed, brought such consequences, was followed by the call for a Peace Conference!
Power, force, is a faculty of national life; one of the talents committed to nations by God. Like every other endowment of a complex organization, it must be held under control of the enlightened intellect and of the upright heart; but no more than any other can it be carelessly or lightly abjured, without incurring the responsibility of one who buries in the earth that which was intrusted to him for use. And this obligation to maintain right, by force if need be, while common to all states, rests peculiarly upon the greater, in proportion to their means. Much is required of those to whom much is given. So viewed, the ability speedily to put forth the nation's power, by adequate organization and other necessary preparation, according to the reasonable demands of the nation's intrinsic strength and of its position in the world, is one of the clear duties involved in the Christian word "watchfulness,"—readiness for the call that may come, whether expectedly or not. Until it is demonstrable that no evil exists, or threatens the world, which cannot be obviated without recourse to force, the obligation to readiness must remain; and, where evil is mighty and defiant, the obligation to use force—that is, war—arises. Nor is it possible, antecedently, to bring these conditions and obligations under the letter of precise and codified law, to be administered by a tribunal; and in the spirit legalism is marked by blemishes as real as those commonly attributed to "militarism," and not more elevated. The considerations which determine good and evil, right and wrong, in crises of national life, or of the world's history, are questions of equity often too complicated for decision upon mere rules, or even principles, of law, international or other. The instances of Bulgaria, of Armenia, and of Cuba, are entirely in point, and it is most probable that the contentions about the future of China will afford further illustration. Even in matters where the interest of nations is concerned, the moral element enters; because each generation in its day is the guardian of those which shall follow it. Like all guardians, therefore, while it has the power to act according to its best judgment, it has no right, for the mere sake of peace, to permit known injustice to be done to its wards.
The present strong feeling, throughout the nations of the world, in favor of arbitration, is in itself a subject for congratulation almost unalloyed. It carries indeed a promise, to the certainty of which no paper covenants can pretend; for it influences the conscience by inward conviction, not by external fetter. But it must be remembered that such sentiments, from their very universality and evident laudableness, need correctives, for they bear in themselves a great danger of excess or of precipitancy. Excess is seen in the disposition, far too prevalent, to look upon war not only as an evil, but as an evil unmixed, unnecessary, and therefore always unjustifiable; while precipitancy, to reach results considered desirable, is evidenced by the wish to impose arbitration, to prevent recourse to war, by a general pledge previously made. Both frames of mind receive expression in the words of speakers, among whom a leading characteristic is lack of measuredness and of proportion. Thus an eminent citizen is reported to have said: "There is no more occasion for two nations to go to war than for two men to settle their difficulties with clubs." Singularly enough, this point of view assumes to represent peculiarly Christian teaching, willingly ignorant of the truth that Christianity, while it will not force the conscience by other than spiritual weapons, as "compulsory" arbitration might, distinctly recognizes the sword as the resister and remedier of evil in the sphere "of this world."
Arbitration's great opportunity has come in the advancing moral standards of states, whereby the disposition to deliberate wrong-doing has diminished, and consequently the occasions for redressing wrong by force the less frequent to arise. In view of recent events however, and very especially of notorious, high-handed oppression, initiated since the calling of the Peace Conference, and resolutely continued during its sessions in defiance of the public opinion—the conviction—of the world at large, it is premature to assume that such occasions belong wholly to the past. Much less can it be assumed that there will be no further instances of a community believing, conscientiously and entirely, that honor and duty require of it a certain course, which another community with equal integrity may hold to be inconsistent with the rights and obligations of its own members. It is quite possible, especially to one who has recently visited Holland, to conceive that Great Britain and the Boers are alike satisfied of the substantial justice of their respective claims. It is permissible most earnestly to hope that, in disputes between sovereign states, arbitration may find a way to reconcile peace with fidelity to conscience, in the case of both; but if the conviction of conscience remains unshaken, war is better than disobedience,—better than acquiescence in recognized wrong. The great danger of undiscriminating advocacy of arbitration, which threatens even the cause it seeks to maintain, is that it may lead men to tamper with equity, to compromise with unrighteousness, soothing their conscience with the belief that war is so entirely wrong that beside it no other tolerated evil is wrong. Witness Armenia, and witness Crete. War has been avoided; but what of the national consciences that beheld such iniquity and withheld the hand?