Latin America and the United States Part 13

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Was.h.i.+ngton has founded a wise and well-organized republic and has bequeathed to history, not the fatal spectacle of crime triumphant, but a beneficent example of patriotism and virtue. In less than fifty years, thanks to the powerful influence of Liberty, an empire has been raised which before the end of the century will be the greatest state of the civilized world, and which, if it remain true to the ideals of its founders, if ambition does not check the era of its fortune, will furnish the world the spectacle of a republic of one hundred million men, richer, happier, and more glorious than the monarchies of the Old World. This is the work of Was.h.i.+ngton!

This prophecy has been fulfilled; that half-century has pa.s.sed by, and the great republic goes on its career of greatness, and no eye can discern the ultimate reach of its magnificence.

Today, with the kind name of sister, it sends to us, through you, its worthy messenger, fresh words of encouragement, and invites us in a gracious manner to exert ourselves to greater efforts in the work of peace, of labor, and of the aggrandizement of the American continent.

You tell us that--

Nowhere in the world has this progress been more marked than in Latin America. Out of the wrack of Indian fighting and race conflicts and civil wars, strong and stable governments have arisen. Peaceful succession in accord with the people's will has replaced the forcible seizure of power permitted by the people's indifference. Loyalty to country, its peace, its dignity, its honor, has arisen above partizans.h.i.+p for individual leaders.

You add:

We wish to increase our prosperity, to expand our trade, to grow in wealth, in wisdom, and in spirit, but our conception of the true way to accomplish this is not to pull down others and profit by their ruin, but to help all friends to a common prosperity and a common growth, that we may all become greater and stronger together.

The University of Lima, an important factor in our national life, accepts on its part, and in harmony with public thought, your n.o.ble invitation.

This University, the distinguished creation of the great Spanish monarchs, proud of its n.o.ble lineage of five centuries, jealous of its glories, believes it to be its duty and considers it a special honor to offer you, the ill.u.s.trious messenger, the deep thinker, and the highest co-worker in the government of Theodore Roosevelt, the peacemaker of the world, a post of honor.

The Faculty of Political and Administrative Sciences, founded thirty years ago by the distinguished President Manuel Pardo, and organized by the eminent public writer Pradier Fodere--this Faculty, which professes, without limitations, the doctrines of international and political law as proclaimed in your country, is the one which with just right offers you this University emblem, which I am pleased to place in the hands of Your Excellency [addressing the President of Peru, and handing him the medal of the University] that you may kindly deliver it to our ill.u.s.trious guest.

SPEECH OF DOCTOR RAMoN RIBEYRO

DEAN OF THE FACULTY OF POLITICAL AND ADMINISTRATIVE SCIENCES

September 14, 1906

The presence among us of the eminent statesman, the Secretary of State of the United States, is indeed of great significance and surpa.s.sing importance in the course of our political life, as a singular and unmistakable token of friends.h.i.+p offered by that powerful republic, and as a generous effort to create between the nations of America a stable regime of true understanding and concord.

This work of peace, which is linked with an unvarying respect for the rights of all without regard to the extent of their power, with the close union of their interests, and with a political unity of purpose which springs from the historical origin of the republics of America and the a.n.a.logy of their inst.i.tutions, is outlined in a masterly manner in the address which our ill.u.s.trious guest recently delivered before the congress of American delegates convened at Rio de Janeiro.

The general idea he has expressed therein of the principles of democratic regime, of its severe trials and accidental mistakes, of the virtues which sustain popular government, and of the public education that must prepare and secure it, reveals to us the secret of the prosperity and welfare of the freest and most flouris.h.i.+ng republic that has ever existed, and how it has reached the preponderant rank it now occupies among nations.

The n.o.ble purpose of our powerful sister of the North, who with a persevering and ever steadfast persistency presses on, is the endeavor to combine continental interests lacking sufficient cohesion, and to promote their common development, thus seeking to reach "the complete rule of justice and peace among nations in lieu of force and war."

These words of Mr. Root contain, in their severe simplicity, a complete statement of his mission of friends.h.i.+p and advice. He seeks to stimulate the common aim of harmonizing the several interests on a permanent basis upon which is to be established the uniform rule of our common existence, the rule of justice never subservient to private and selfish convenience; a barrier against the arbitrary and brutal decisions of force, nearly always dissembled under plausible forms and motives of international tradition.

There exists a fundamental sentiment which opposes the c.u.mulus of violence and usurpation, which in a great degree const.i.tutes historic international law and corrects the deductions made from purely speculative theories,--a sentiment we accept without demur, and which is a.s.serted like the axioms that serve as the basis and foundation of all reasoning and as a rule inspiring human actions.

This concept is that of a law of coexistence, an intuition of the universal conscience, which all human society upholds by reason of the sole fact of its existence.

But the completely empiric and egotistical manner in which nations have understood and applied the right of sovereign independence in their outward dealings, has, up to the present time, been the almost insuperable obstacle to the universal establishment of a rule of justice which governs, in a permanent and uniform manner, the concourse of interests; each state following one of its own modeling, in accordance with the power it holds and the ambitions it is thereby enabled to pursue.

This tendency, whether open or covert, hardly restrained by the formalities of modern civilization, which seldom succeeds in masking the painful reality, has created the singular spectacle witnessed at the present time,--that is, the undefined aggravation of a military situation which absorbs the greater part of the resources of nations, wrung from the labor of humanity.

The constant fear of armed aggression has brought about political alliances of a purely transitory character, which a.s.sure nothing and, in truth, mean nothing but the mutual imputation of violence and outrage, unhappily but too well demonstrated as justifiable motives for apprehension, by reason of the ominous antecedents of an international regime founded on the supremacy of power.

This precarious guaranty, the fruit of an unsteady and purely political combination which may undergo the most unexpected alterations, cannot a.s.sure a stable situation, because it is not in itself the const.i.tution of a common, strong, and commanding law; but, on the contrary, is the distrust of the efficacy of the latter and a certain traditional disdain for a humane and peaceful solution of international affairs.

When the anxiety of danger or an unforeseen obstacle does not prevent recourse to arms, war breaks out if the motive is simply the securing of an advantage sustained by a military power which the country chosen as the object of aggression cannot forcibly check.

True it is that at the present time wars are less frequent and more humane in the manner they are conducted than heretofore; but their causes are ever the same, and the intervals between them are only due to the increasing number of military powers, and to the fear of consequent complications of political interests which it is hazardous to provoke.

Treaties of peace since the seventeenth century, which recorded the birth of the modern law of nations, have on some occasions pa.s.sed through real transformation in obedience to the law of evolution of human societies, which favor equilibrium, not as established by frail or artificial alliances, nor by combinations of the powerful, but by its ethnical factors and the amplitude of the national life based primarily on the progress of its inst.i.tutions, in the ever-increasing intervention of the people in their own affairs and the reality and soundness of its political and civil liberty.

The definite establishment of an international juridical organ, sufficiently authorized and efficacious in its action, is yet a future event. Law in this respect has not as yet gone beyond the limits of a sphere that is at most one of pure speculation,--a worthy ideal, it is true, but one which in actuality has only succeeded in modifying the forms of violence by recording in the customary code of nations a few rules to lessen the brutality of the action, without eliminating the arbitrariness inherent in the sovereignty of arms.

In the work of common security and prosperity that involves the future of this continent, and once carried into effect, will signalize the most effective advance in the law of nations, a prominent part belongs to the great republic that has staked her power and fortune on peace. In this work we have endeavored to cooperate in good faith and without reserve, and in it, also, the ardent sympathy and the boundless confidence of the Peruvian people will follow.

And since the unmerited honor has fallen to my lot to address myself on this memorable occasion to the distinguished personage, to the high dignitary of the nation which represents the greatest intensity of national life on account of the unrestricted development of the human faculties and the most certain and practical evolution of law among nations, I believe that I interpret the unanimous sentiment of my colleagues and of my country, in furnis.h.i.+ng him the complete evidence of our cordial adherence and of our faith in the work intrusted to his talents and to his high character.

REPLY OF MR. ROOT

I am deeply sensible of the great honor which you confer upon me, an honor coming from this primate of the universities of the New World; an honor which receives me into the company of men learned, devoted to science, the disciples of truth, men eminent in the republic of letters.

I am the more appreciative of this emblem because I am myself the son of a college professor, born within the precincts of a learned inst.i.tution, and all my life closely a.s.sociated with higher education in the United States of America. But I realize, sir, that my personality plays no considerable part in the ceremony of today. Happy is he who comes, by whatever chance, to stand as the representative of a great cause; as the representative of ideas which conciliate the feelings and arouse the enthusiasm of men; for the cause sheds light upon his person, however small, and the honor of his purpose reflects honor on him.

With the greatest satisfaction I have heard from the lips of the learned rector and professor of this university so just and high an estimate of the contributions made by my country to the cause of ordered liberty and justice in the world. I feel that what has been said here today is of far greater weight than any ordinary compliment, because it comes from men who speak under the grave responsibility of their high station as instructors of their countrymen, and after deliberate study, resulting in definite and certain conclusions.

It is a matter of most interesting reflection that after the nations of the Old World, from which we took our being, had sought for many years to gain wealth and strength and profit by the enforcement of a narrow and mistaken colonial policy, the revolt of the colonies of the New World brought to the mother nations infinitely greater blessings even than they were seeking. The reflex action of the working of the spirit of freedom on these sh.o.r.es of the new hemisphere upon the welfare of the countless millions of the Old World, has been of a value incalculable and inconceivable to the minds against whose mistaken policy we revolted.

I have always thought, sir, that the chief contribution of the United States of America to political science, was the device of incorporating in written const.i.tutions an expression of the great principles which underlie human freedom and human justice, and putting it in the power of the judicial branch of the government to pa.s.s judgment upon the conformity of political action to those principles.

When in the fullness of time the hour had come for the new experiment in government among men, and it was the fate of the young and feeble colonies upon the coast of the North Atlantic to make the experiment, the Old World was full of the most dismal forebodings as to the result.

The world was told that the experiment of democratic government meant the rule of the mob; that it might work well today, but that tomorrow the mob which had had but half a breakfast and could expect no dinner, would take control; and that the tyranny of the mob was worse than the tyranny of any individual.

The provisions of our const.i.tutions guard against the tyranny of the mob, for at the time when men can deal in harmony with the principles of justice, when no selfish motive exists, when no excited pa.s.sions exist, the const.i.tution declares the great principles of justice--that no man shall be deprived of his property without due process of the law; that private property shall not be taken for public use without just compensation; that a person accused of crime shall be ent.i.tled to be informed of the charge against him, and given opportunity to defend himself. These provisions are essential to the preservation of liberty; and in the hands of judicial power rests the prerogative of declaring that whenever a congress, or a president, or a general, or whatever officer of whatever rank or dignity infringes, by a hair's breadth, upon any one of these great impersonal declarations of human rights, his acts cease to have official effect. The subst.i.tution of the divine quality of judgment, of the judicial quality in man, that quality which is bound by all that honor, by all that respect for human rights, by all that self-respect can accomplish, to lay aside all fear or favor and decide justly--the subst.i.tution of that quality for the fevered pa.s.sions of the hour, for political favor and political hope, for political ambition, for personal selfishness and personal greed,--that is the contribution, the great contribution, of the American Const.i.tution to the political science of the world.

If we pa.s.s to the field most ably and interestingly discussed in the paper to which we have just listened, to the field of international justice, we find the same principle less fully developed. I had almost said we find the need for the application of the same principle. All international law and international justice depend upon national law and national justice. No a.s.semblage of nations can be expected to establish and maintain any higher standard in their dealings with one another than that which each maintains within its own borders. Just as the standard of justice and civilization in a community depends upon the individual character of the elements of the community, so the standard of justice among nations depends upon the standard established in each individual nation. Now, in the field of international arbitration we find a less fully developed sense of impersonal justice than we find in our munic.i.p.al jurisprudence. Many years ago the Marquis of Salisbury, in a very able note, pointed out the extreme difficulty which lies in the way of international arbitration, arising from the difficulty of securing arbitrators who will act impartially, the trouble being that the world has not yet pa.s.sed, in general, out of that stage of development in which men, even if they be arbitrators, act diplomatically instead of acting judicially. Arbitrations are too apt, therefore, to lead to diplomatic compromises rather than to judicial decisions. The remedy is not in abandoning the principle of arbitration, but it is by pressing on in every country and among all countries the quickened conscience, the higher standard, the judicial idea, the sense of the responsibility for impartial judgment in international affairs, as distinguished from the opportunity for negotiation in international affairs. We are too apt, both those who are despondent about the progress of civilization and those who are cynical about the unselfishness of mankind, to be impatient in our judgment, and to forget how long the life of a nation is, and how slow the processes of civilization are; how long it takes to change character and to educate whole peoples up to different standards of moral law. The principle of arbitration requires not merely declarations by governments, by congresses; it requires that education of the people of all civilized countries up to the same standard which now exists regarding the sacredness of judicial functions exercised in our courts.

It does not follow from this that the declaration of the principle of arbitration is not of value; it does not follow that governments and congresses are not advancing the cause of international justice; a principle recognized and declared always gains fresh strength and force; but for the accomplishment of the results which all of us desire in the subst.i.tution of arbitration for war, we must not be content with the declaration of principles; we must carry on an active campaign of universal national and international education, elevating the idea of the sacredness of the exercise of the judicial function in arbitration as well as in litigation between individuals. Still deeper than that goes the duty that rests upon us. Arbitration is but the method of preventing war after nations have been drawn up in opposition to each other with serious differences and excited feelings. The true, the permanent, and the final method of preventing war, is to educate the people who make war or peace, the people who control parliaments and congresses, to a love for justice and regard for the rights of others.

So we come to the duty that rests here--not in the whims or the preference or the policy of a monarch, but here, in this university, in every inst.i.tution of learning throughout the civilized world, with every teacher--the responsibility of determining the great issues of peace and war through the responsibility of teaching the people of our countries the love of justice, teaching them to seek the victories of peace rather than the glories of war; to regard more highly an act of justice and of generosity than even an act of courage or an act of heroism. In this great work of educating the people of the American republics to peace, there are no political divisions. As there is, and has been since the dawn of civilization, but one republic of science, but one republic of letters, let there be but one republic of the politics of peace, one great university of the professors and instructors of justice, of respect for human rights, of consideration for others, and of the peace of the world.

FOOTNOTES:

[3] Mr. Everett to Senor Osma, November 16, 1852.

PANAMA

THE NATIONAL a.s.sEMBLY

SPEECH OF HIS EXCELLENCY RICARDO ARIAS

SECRETARY OF GOVERNMENT AND FOREIGN RELATIONS

Latin America and the United States Part 13

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Latin America and the United States Part 13 summary

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