All Law Must Be Backed by Force
It is a popular belief that when the paradoxical conciliatory legal persuasion in the form of arbitration goes into effect, we shall no longer require any armaments, but may forge our swords into plow-shares and spears into pruning-hooks, disband our armies, and return the soldiers to the shops and farms.
We are prone to forget that law is as much a representative of the requisite power behind it for its enforcement as a paper dollar is a representative of the requisite gold available for its redemption. A well-known orator came very near becoming President through a popular misconception as to the interdependence of gold and paper money, and he failed to get the Presidency because of a public awakening to the error.
We are prone to forget, furthermore, that it is the respect for power behind law that makes possible its enforcement. Any law to adjust international differences by arbitration will simply be an embodiment of the collective wisdom of allied Powers in the exercise of force, and a force that is representative of their banded armies and navies.
International law is static military force. War is the dynamic form of the same force. I believe in international arbitration for all it is worth. It is a good thing to push along. It will unquestionably lessen the frequency of wars, but many wars are sure to come in spite of it, and because of it.
Non-Justiciable Differences
There are ills of national bodies politic that can be cured only by the sword. Insurmountable differences between various nations and races of men are always sure to arise, as impossible to arbitrate as the differences between the herbivora and the carnivora.
The existence of the carnivora depends upon the sacrifice of the herbivora. Their interests are, from their very nature, antagonistic, and their differences are, by consequence, insurmountable, and not justiciable. The harmony of nature depends upon inharmony between the meat-eaters and the vegetable-eaters, and the harmony of modern progress has likewise depended in large measure upon formative inharmony between peoples.
Such radical differences and such concomitant radical diversity of interests exist among the various races of men that the task of harmonizing their interests, aims, and activities will be about as great as would be that of bleaching their skins to a uniform color.
It is a practical impossibility to enact international laws that will make the welfare of each nation the concern of all, with no subordination of any one to the welfare of another. Will arbitration be able to place all peoples upon a plane of equality? Will it be able to secure to all, even the meanest, equal rights to enjoyment of property, life, liberty, and the pursuit of happiness?