I am not able to ascertain whether this document ever became a legislative act; but unquestionably it attests, in authentic form, that a great leader in Massachusetts, after the establishment of that Independence for which he had so assiduously labored, hoped to enlist not only the Legislature of his State, but the Congress of the United States, in efforts for the emancipation of nations from the tyranny of War. For this early effort, when the cause of Permanent Peace had never been introduced to any legislative body, Samuel Adams deserves grateful mention.
Many years later the subject reached Congress, where, in 1838, it was considered in an elaborate report by the late Mr. Legaré, in behalf of the Committee on Foreign Affairs of the House of Representatives, prompted by memorials from the friends of Peace. While injudiciously discountenancing an Association of Nations, as not yet sanctioned by public opinion, the Committee acknowledge "that the union of all nations in a state of Peace, under the restraints and the protection of law, is the ideal perfection of civil society"; that they "concur fully in the benevolent object of the memorialists, and believe that there is a visible tendency in the spirit and institutions of the age towards the practical accomplishment of it at some future period"; that they "heartily concur with the memorialists in recommending a reference to a Third Power of all such controversies as can safely be confided to any tribunal unknown to the Constitution of our own country"; and that "such a practice will be followed by other powers, and will soon grow up into the customary law of civilized nations."[357]
The Legislature of Massachusetts, by a series of resolutions, in harmony with the early sentiments of Samuel Adams, adopted, in 1844, with exceeding unanimity, declare, that they "regard Arbitration as a practical and desirable substitute for War, in the adjustment of international differences"; and still further declare their "earnest desire that the government of the United States would, at the earliest opportunity, take measures for obtaining the consent of the powers of Christendom to the establishment of a general Convention or Congress of Nations, for the purpose of settling the principles of International Law, and of organizing a High Court of Nations to adjudge all cases of difficulty which may be brought before them by the mutual consent of two or more nations."[358] During the winter of 1849 the subject was again presented to the American Congress by Mr. Tuck, who asked the unanimous consent of the House of Representatives to offer the following preamble and resolution:—
"Whereas the evils of War are acknowledged by all civilized nations, and the calamities, individual and general, which are inseparably connected with it, have attracted the attention of many humane and enlightened citizens of this and other countries; and whereas it is the disposition of the people of the United States to coöperate with others in all appropriate and judicious exertions to prevent a recurrence of national conflicts; therefore,
"Resolved, That the Committee on Foreign Affairs be directed to inquire into the expediency of authorizing a correspondence to be opened by the Secretary of State with Foreign Governments, on the subject of procuring Treaty stipulations for the reference of all future disputes to a friendly Arbitration, or for the establishment, instead thereof, of a Congress of Nations, to determine International Law and settle international disputes."[359]
Though for the present unsuccessful, this excellent effort prepares the way for another trial.
Nor does it stand alone. Almost contemporaneously, M. Bouvet, in the National Assembly of France, submitted a proposition of a similar character, as follows:—
"Seeing that War between nations is contrary to religion, humanity, and the public well-being, the French National Assembly decrees:—
"The French Republic proposes to the Governments and Representative Assemblies of the different States of Europe, America, and other civilized countries, to unite, by their representation, in a Congress which shall have for its object a proportional disarmament among the Powers, the abolition of War, and a substitution for that barbarous usage of an Arbitral jurisdiction, of which the said Congress shall immediately fulfil the functions."
In an elaborate report, the French Committee on Foreign Affairs, while declining at present to recommend this proposition, distinctly sanction its object.
At a still earlier date, some time in the summer of 1848, Arnold Ruge brought the same measure before the German Parliament at Frankfort, by moving the following amendment to the Report of the Committee on Foreign Affairs:—