a synonym for independence of all earthly authority.
Now, do you believe that the independence of a State is really infringed
because it agrees never to make war on account of a judicial dispute,
and in case of a political dispute not to resort to arms before having
given opportunity of mediation to International Councils of
Conciliation? Independence is not boundless liberty of a State to do
what it likes, without any restriction whatever. The mere fact that
there is an International Law in existence restricts the unbounded
liberty of action of every civilised State, because every State is
prohibited from interfering with the affairs of every other State. The
fact is that the independence of every State finds its limitation in the
independence of every other State. And it is generally admitted that a
State can through conventions--such as a treaty of alliance or of
neutrality or others--enter into many obligations which more or less
restrict its liberty of action. Independence is a question of degree,
and, therefore, it is also a question of degree whether or no the
independence of a State is vitally encroached upon by a certain
restriction. In my opinion the independence of a State is as little
infringed by an agreement to submit all its judicial disputes to the
judgment of a Court and not to resort to arms for a settlement, as the
liberty of a citizen is infringed because in a modern State he can no
longer resort to arms on account of a dispute with a fellow citizen but
must submit it to the judgment of the Court.
And even if it were otherwise, if the entrance of a State into the new
League of Nations did involve an infringement of its sovereignty and
independence, humanity need not grieve over it. The Prussian conception
of the State as an end in itself and of the authority of the State as
something above everything else and divine--a conception which found
support in the philosophy of Hegel and his followers--is adverse to the
ideal of democracy and constitutional government. Just as Henri IV of
France said 'La France vaut bien une messe,' we may well say 'La paix du
monde vaut bien la perte de l'independance de l'etat.'
XIV. I have come to the end of this course of lectures, but before we
part I should like, in conclusion, to touch upon a question which has
frequently been put with regard to the proposal of a new League of
Nations:--Can it really be expected that, in case of a great conflict of
interests, all
|