gislative proceedings beyond what the people
will indorse, would be as futile as to turn up the hands of the clock
to hasten the passage of time.

To those who can appreciate these facts there is no occasion for
discouragement in the suspicious attitude manifested by the powers
toward any definite step in the direction of unrestricted arbitration,
apparently so inconsistent with their general pacific professions.
"Rapid growth and quickly accomplished reforms are necessarily
unsound, incomplete, and disappointing."[5]

[5] F. H. Giddings, "The Elements of Sociology."

With the truth of these deductions granted, it would seem safe to
assume that the institutions for the settlement of international
difficulties will develop in much the same way as have the
institutions for the settlement of difficulties between individuals.
It should be profitable, therefore, to compare the present growth of
arbitration with the evolution and decay of the various modes of trial
as the idea of judicial settlement diffused itself through the mind of
the English people causing established forms to give way to something
better. Dispensing with the blood feud, which hardly deserves the name
of trial, the oldest form of such institution was trial by ordeal
which, according to Thayer in his "Evidence at the Common Law," seems
to have been "indigenous with the human creature in the earliest
stages of his development." This form gradually fell into disuse
before the more rational form of compurgation introduced into Teutonic
courts in the fifth century. In 1215 it was formally abolished.
Compurgation was abolished in 1440 as its inferiority to trial by
witnesses became fully recognized. In the latter form, instituted
early in the ninth century, when the witnesses disagreed the judicial
talent of the day conceived of no other method of decision than to
fight it out. Thus we have trial by witnesses and trial by battle
developing concurrently, although they were recognized as distinct
forms. After two centuries of effort to abolish it, trial by battle
was made illegal in 1833, the last case recorded as being so decided
occurring in 1835. Out of the trial by witnesses has evolved our
modern trial by jury, at first limited to certain unimportant cases,
then having its sphere extended as its superiority became more
evident, until finally it superseded all other forms and to-day is the
accepted mode of settling even questions of honor.

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