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AUGUST, 1910
The Commoner
- yT
Treaties for the Advancement of Peace
d :j' iuki i. r:,Tf VU" r?re,gn Governments During the Fit Af1m;nUtt,aAn f
In controversies between nations, a refusal to
accept good offices or mediation at tho hands of
third parties, a rejection of a proposal to arbi
trate, an unwillingness to employ judicial means
in an appropriate case, indicate a readiness to
proceed to extromos, and coupled with tho de
mand on either side of a settlement within a
short period, such as forty-eight hours, for ex
ample, can only bo looked upon as a declaration
of war to become effective at the expiration of
the time limit.. Therefore, any existing agency
which prevents the final break is to be com
mended; any new agency which procures time
for tho parties and brings an enlightened public
opinion from without to bear xipon the issue is
to be welcomed.
Mr. Bryan's treaties for the advancement of
peace, of which thirty were negotiated and
signed by him as Secretary of State, twenty
nine advised and consented to by the senate,
and twenty actually proclaimed by the Presi
dent, aim to supplement, not to supplant exist
ing agencies by bringing to discussion any and
all outstanding differences, not adjusted by these
or other agencies, in the belief that the im
mediate and therefore the ultimate danger of
war would be averted through an agreement of
tho parties to refrain front hostilities pending
investigation, for which a twelvemonth is al
lowed, by a careful discussion before a per
manent commission of five members, in which
each of the contending countries is represented
by a citizen or subject of its own choice, created
in advance of the dispute or existing at its out
break. Such treaties would facilitate settlement
by ascertaining tho facts and suggesting the
principle of solution, even although the report
of the commission should not bind the parties
or decide the controversy.
creates Permanent .commission
The great merit of Mr. Bryan's plan is that
it creates a permanent commission of five per
sons which is in existence at tho outbreak of the
dispute, whatever its nature, to which it can be
and must bo submitted and that the commission
thus composed has a twelvemonth within which
carefully to consider the controversy in all its
aspects, during which the disputants pledge
themselves not to resort? to hostilities. In addi
tion to the legal questions and questions involv
ing treaties and conventions, which the nations
may have agreed to submit to arbitration, tho
questions reserved from the obligation to arbi
trate are by Mr. Bryan's treaties brought-before
commissions where they are investigated, and the
report drawn up bythe commission is presented
to the foreign offices of tho contending .countries
for such action as their wisdom may dictate and
an enlightened public opinion persuade.
The Bryan peace plan, as it is called, which
takes the commission of inquiry (provided .by
the First Hague Conference) as its point of
departure, substitutes a permanent for a tem
porary commission, extends its jurisdiction from
iacts to all questions not otherwise provided for,
retains as essential the purely advisory or vol
untary character of the report and assigns to
uie commission the generous period of a year
within which to complete its labors, during
mch time the nations pledge themselves not
go to -war or resort to any act of hostility,
iiurty states have done this, in thirty important
aocumentg, twenty of which have been pro
claimed and actually are the supreme law of the
t the contractinff parties.
iw1 ,ryan was apparently not influenced in
enoA ,stance by thQ action of the Hague Confer
ee, but proceeded, and properly, from a pro
pna0rrei of, PriYat law which had proved so suc-
7f within its limited domain as to suggest
tn 3ustly itf extension from the national
van ,internatIouaI field. In tho course of
nn,ilUa, Intorvlews, Mr. Bryan explained to the
Pof I8Tned- approximately us follows, tho gen
3ls and mature of his peace plan:
MR. BRYAN'S PEACE TREATY PLAN
The treaties providing for the Investigation of
m.i ,p?tes- uad tne ortein In a Plan similar
"Principle, M Bryan: says, which he advocated
l?wral yeara asa means of dealing with
"or disputes. He-thought compulsory arbitra-
President WUson by Wi..iam Jennings,' ST&SsS
By James Brown Scott,
Director of tho Division of International Law
or the Carnegie Endowment for
International Peace
tion objectionable in this country, because it
would bo contrary to public sentiment to at
tempt to compel either party to tho dispute to
comply with an order which Involved oither
carrying on business at a loss, or furnishing
labor at a price or upon terms believed by tho
laboring men to be inoquitablo. Compulsory
INVESTIGATION, however, was not open to tho
same objection, for the purpose of investigation
is only to lay boforo tho public tho facts in the
dispute and tho disposition of tho parties, rely
ing upon tho force of public opinion to securo
an adjustment of tho dispute after the facts are
known.
Mr. Bryan's plan involved the following prin
ciples: First, that it should bo applied to ALL dis
putes of every kind and character.
Secondly, that the investigation should bo
made by a permanent board whoso aid could bo
invoked by either side at any time, and invested
with authority to investigate upon its own ini
tiative. Thirdly, that in order to assure fairness", tho
board should in each investigation add two mem
bers, one selected by each side, the temporary
members to havo equal authority with the per
manent members during the investigation for
which they were selected.
Fourthly, that each side should . possess the
right to act independently at the conclusion of
the investigation and the presentation of tho
report, the recommendations of the commission
enjoying only such force" as their intrinsic merits
gave them.
PLAN USED. IN LABOR DISPUTES
During the Russian-Japanese war it occurred
to Mr. Bryan that the plan proposed for labor
disputes might with advantage be applied to
international disputes, and in February, 1905,
he suggested the plan In an editorial in his
paper, Tho Commoner. This editorial was fol
lowed a few weeks later by another elaborating
the same idea.
In the first editorial referred to, Mr. Bryan
said in The Commoner for February 17, 1905:
"It is time for leading nations to join to
gether in proffering their good offices for tho
settlement of the war in the east. There must
be mediation some time, why not now? Russia
"cannot hope to retake Port Arthur in years, if
at all, and Japan will find war more expensive
and more hazardous the farther hor army
marches inland. There has been killing enough
on both sides to satisfy that absurd sense of
honor which requires bloodshed. There never
was a time when the Christian nations wore
under a mofe Imperative dity to throw thoir in
fluence oh the side of peace, and the United
States can well afford to take the lead because
our relations with both Russia and Japan aro
such as to relieve us of any suspicion of selfish
interest. And when peace is restored our nation
should take the initiative in promoting a system
of arbitration so comprehensive THAT ALL DIF
FERENCES WILL BE SUBMITTED TO THE
ARBITRATION COURT, RESERVING TO EACH
NATION THE RIGHT TO REFUSE TO ACCEPT
THE FINDING IF IT BELIEVES THAT IT AF
FECTS ITS HONOR OR INTEGRITY. Such a
system would make war a remote possibility."
In the second editorial in The Commoner a
week later; on February 24 1905, Mr. Bryan
said after commenting upon the senate amend
ments to President Roosevelt's and Secretary
TTuv'q treaties of arbitration:
"It is possible ... to provide for the Impartial
investigation of any international dispute, leav
nTtbf fin submission to arbitration to be a
mftter of treaty. The president migh e author
t to enter into an agreement to submit ANY
ATO EVERY INTERNATIONAL DISPUTE TO
TH HAGUE COURT FOR INVESTIGATION,
men the court reports upon the facts and pre-
sonta tho real isauo between tho parties THEN
JTB PARTIES CAN DECIDE INTELLIGENTLY
WHETHER IT INVOLVES A PROPER QUKS
Ti2LF0U ARBITRATION OR AFFECTS THH
INTEGRITY AND HONOR OF EITHER NA
TION. Such an investigation would, In most
casos, romovo misunderstanding and bring about
a reconciliation, and public opinion would exert
a powerful influonco in harmonizing any dlffer
oncos which might bo found to exist ... If such
a plan had been in oporation tho Rusalan
Japanoso war might havo boon prevented. It la
quite certain that a preliminary investigation
by an impartial board would havo prcvontcd
most of the international wars of tho last cen
tury, and would bo still moro effective In tho
future"
TRIP AROUND THE WORLD
In September of 1905 Mr. Bryan left tho
United States for a trip around the world. Tho
first nation .visited was Japan nnd thcro, on tho
twentieth of October, ho presented his project
at a dinner tendered him at tho Bankors' Club
in Tokio. On this occasion Mr. Bryan proposed
investigation beforo a declaration of war, and
in his romarks in support of the proposal ho
said: "I bollovo the establishment of such a
board, leaving to tho nations tho right of in
pendent action afterwards, would do much to
sottlo difficulties between nations, Indeed, It
would do moro than any system involving an
agreement in advance to abide by tho decision'
During the following Juno, while In Norway,
he received and accepted an invitation to tho
mooting of the Interparliamentary Union to bo
hold in London in July. The Invitation camo
from Lord Weardale, then and now, ono of tho
active and intelligent advocates of International
peace, whom Mr; Bryan had mot two years be
foro In tho United States. Upon reaching Lon
don, Mr. Bfyan laid the proposed plan beforo
Lord Weardalo, who heartily and unreservedly
endorsed it. It was then presented to Sir Henry
Campboll-Bannerman, tho British Premier, who
also approved of it, and in his remarks at tho
opening of the Union, Sir Henry inserted a pass
ngo which was intended to servo as an introduc
tion to tho plan. In his famous address, de
livered on July 25, 1906, known as tho Duma
speech because of its ending "tho Duma Is dead,
long live tho Duma", inasmuch as that body had
just boon dissolved. The Prime Minister said, In
tho passage referred to by Mr. Bryan:
"Gentlemon, I fervently trust that before lone
the principle of arbitration may win such con
.fidence as to justify its extension to a wider field
of international differences. Wo havo already
seen how quostions arousing passion and excite
ment Jiavo attained a solution, not necessarily
by means of arbitration in the strict sense of the
word, but by referring them to such a tribunal
as that which reported on the North Sea inci
dent i and I would ask you whether it may not
be worth while carefully to consider, beforo tho
next congress meets at The Hague, tho various
forms in which differences might bo submitted,
with a view to opening the door as wide as pos
sible to every means which might In any degree
contribute to moderate or compose such differ
ences." INVESTIGATION AS AN ALTERNATIVE
In tho course of Mr. Bryan's remarks In be
half of investigation as an alternative to arbi
tration and as an amendment to tho proposed
treaty of arbitration drafted by the Union and
adopted at this session he said, in justification
of his own proposal and after quoting the abovo
passage from tho Premier's speech:
"This amendment is in harmony with this sug
gestion. The resolution is in tho form of a post
script to the treaty, but like the postscripts of
some letters, it contains a very vital subject
in fact, I am not sure but the postscript In this
case is as important as tho letter itself, for it
deals with those questions which have defied ar
bitration. Certain questions affecting tho honor
or integrity of a nation are considered outside
the jurisdiction of a court of arbitration, and
these are the questions' which have given trouble.
Passion is not often aroused by questions that
do not affect a nation's integrity or honor but
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