from arbitration as non-justiciable, leave it uncertain what cases may be withdrawn. Moreover, they may involve this nation indirectly in what will be in fact a judicial union with particular nations. They may also commit us to the European system of legally unlimited governmental power, for they imply that the arbitrators may decide cases on their views of "law or equity" without first applying the fundamental principles securing the rights of the individual and without regard to those great organic national and international policies and dispositions by which the international world is held together, and which form its unwritten Constitution. The existing treaties, on the other hand, leave it open to this nation to withdraw from arbitration any disputes which involve these fundamental principles, or which, if decided in a particular manner, might endanger these organic policies and dispositions. They thus enable us to protect our system, our national policies and the organic policies and dispositions of the whole world. It seems probable that the question of limitation of arbitral tribunals will be open for discussion at the next Hague Conference, even if this nation should hold to the existing treaties. There seems to be a general desire among the nations that what is called the "codification of international law" shall be considered by the Conference. This will, it would seem, necessarily involve the question of legal limitation of states, governments, and arbitral tribunals. As a result of these discussions, it will be made clearer to us what ought to be our permanent policy in the matter of judicial settlement of international disputes. The great danger to the cause of judicial settlement appears to lie in the adoption by the leading nations of an insufficiently considered policy which will subject them to legally unlimited power and will result in war rather than in peace, thus bringing judicial settlement into disrepute. The existing treaties have been successful. The only reason urged for changing them is, that they do not go far enough to have an apparent effect in reducing war expenditure, and in preventing the loss of productive energy caused by war and the preparation for war. They are supported by the general public sentiment. Though they have not been ratified by the whole Government of each of the contracting nations, they can, if necessary, be so ratified without delay. The question of their constitutionality, so far as this nation is concerned, is not likely to be raised, and the reservation of broad discretionary power to withdraw cases from arbitration goes far to remove both constitutional objections and objections based on general principles. They afford us a safe ground on which to rest while we are considering what should be the next step. It seems that it will be wiser, before moving from our present secure position, to take time to consider our next step, waiting until we can have the benefit of the discussion and action of the next Hague Conference, so that when next we move, we may do so with confidence and unanimity, in the conviction that we are moving in the right direction. COOPERATION VERSUS COMPULSION IN THE ORGANIZATION OF THE SO CIETY OF NATIONS Reprinted from the Report of the Lake Mohonk Conference on International Arbitration. Delivered May 18th, 1916. D URING the past two years, perhaps as a result of the war, a plan has been seriously advanced and widely supported, for organizing a League of Nations on a compulsive basis; and within the same period, a plan of wider scope has been brought forward with equal seriousness and with a considerable following, for organizing the whole society of nations on a compulsive basis. One plan is that of the League to Enforce Peace. The other is that of the Fabian Society of London. The latter is a proposal for organizing all the nations compulsively under what is called a "supernational authority." This "supernational authority" is to have conciliative, judicial, legislative, and executive. functions and organs, and is to enforce its decisions by means of an international police and by economic force. The plan recognizes and provides for large district unions of nations after the manner of the Pan-American Union each district union cooperating with the others to uphold the society of nations and the supernational authority. The eight great powers are to occupy a special position in the whole organization, evidently as an Inner League to Enforce Peace. Such movements, so elaborated and so supported, |