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part05+-第93章

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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
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