On the other hand, it must be said that the Permanent Court has thus far done its work well. While confined almost entirely to the interpretation of the treaties of peace and the arrangements effected under them, and while oc- cupied principally with advisory opinions, it nevertheless has demonstrated its usefulness. The advisory opinion, though not involving strictly a judicial function, has been arrived at with all the thoroughness and technique of a judicial proceeding. Though there still seems to be some support in the court for the secret opinion and the decision of cases where the defendant is absent, it is believed that the court will hardly thing of adopting these objectionable practices.
No Will for Peace
Unfortunately the common assumption that the nations seriously desire an international court for the settlement of their disputes, is not altogether well founded. Nations desire an international tribunal and have had no difficulty in establishing one ad hoc when the occasion arises, when the dispute is unimportant or would not justify the expense of war, or when political considerations dictate submission to arbitration rather than recourse of war--in short, when they feel that they have more to gain by arbitration or other forms of peaceful settlement, such as mediation, than by war. The hundreds of arbitration that have been held illustrate this fact. But when the issue is such that peaceful adjustment seems inappropriate or inadvisable, the peaceful method is not chosen, not because there is no machinery for peace, but because there is no will to peace.
Forces of Disintegration Rising
If I judge correctly the temper of the world--at least down to Locarno--there is probably less disposition to adopt the civilized methods of adjusting conflicting interests than there has been for some time. Few people realize or are willing to contemplate the fact that eleven years of devastating was and disintegrating peace have undermined the moral foundations of many densely populated areas of the world, and that there is more faith in the efficacy of force -- accompanied by a growing contempt for law--as a solution for international differences than there has been since the days of Napoleon. The forces of disintegration, unless soon checked, may ultimately overpower the forces of reconstruction, due primarily, I believe, to the shortsighted policy of the present managers of European political affairs.
Peace Argument Unreal
In the light of the fact that the so-called World Court can have but little relation to the problem of peace, the issue as to whether the United States should not "join" it or not can hardly be placed on the ground that peace will thereby either be promoted or retarded. That issue, I believe, is unreal and fanciful. Perhaps we ought to aid any movement that even looks to the judicial settlement or disputes, but when one of the announced inducements for our joining the court is that we would never have to submit a case to it, encouraging an inference that probably we never would, one may properly question the purpose that it is intended that our joining shall subserve. Is it merely to encourage others to submit to the court? Is it just a sentimental question without possibility of any tangible effect on us? Is this the cherished American ideal?
No Real Value in Adherence
Persons having a serious desire to govern their actions by intelligence rather than emotion have a right to ask such questions. Can it be that the political platform which so long dedicated a plank to the conception of an international court contemplated a court to which we would never have to submit a case? We have such a court now in the Permanent Court of Arbitration, and to it we have submitted four substantial controversies. Would we submit any more cases to a court over whose composition for years to come we would probably have no say? If this is not likely, as is believed, just what important function is our joining the court designed to subserve? If it will not bring to the court any more cases, is it intended as a friendly gesture, as an evidence of our moral support to nations having greater desire or courage to submit disputes?
A Question of Policy
Or is the charge of the more vigorous opponents of our "joining" the court sustainable, namely, that it constitutes as Mr. Hoover intimated and President Harding denied, a first step toward the League of Nations? If it does involve such a possibility at least there is here a genuine issue as to policy. Although the court is the direct creation of the league and depends upon the league budget for its support, it may be that it is so far dissociated from its organization that adhering to the protocol creating the court, as the administration spokesmen have asserted, will involve no other commitments to the league. Yet the fact that so many professional and non-professional advocates of the league are so ardently enthusiastic for our "joining" the World Court, of whose real functions some of them appear to have only vague information, may afford some ground to the opponents of the league to support that the advocates of the court are mainly concerned with its function as a door to the league.
Profound Consideration Needed
Unless it has some such significance, the issue is most unimportant; and many earnest students of foreign affairs, men like Senator Borah, have expressed the firm conviction that our adhering to the protocol creating the court can have no other purpose or effect than affording an entrance to the league. It is doubtless partly on that very account that the proposed step has had such wide support as well as opposition. If Senator Borah's view is justified in fact, the proposed policy deserves more profound consideration from American citizens than it has yet received. It is then more than a mere sentimental question, but one involving the political relations of this country to Europe. On that question men may well differ. But if that is the issue it is at least a real one, justifying the most exhaustive examination and discussion in order that the national judgment may be sound and considered