)EAL ARGUMENT OF JAMES C. CARTER, ESQ. 79 



We cauiiot take the opinions of one; we cannot take the opinions of 

 another. We nuist take that standard njion wliich all civilized nations 

 are agreed ; and that there is such a standard theie can be no manner of 

 doubt. This whole proceeding- would be out of i)lace if there were not. 

 I could not with any propriety stand up and address an argument to 

 this Tribunal unless there was some agreed standard between it and 

 me to which I could appeal, and upon which I can hope to convince. 

 There is, therefore, an (i</reed stanchird of morality and of right, of jus- 

 tice and of law, agreed ui)on among all civilized nations and among the 

 people of all civilized nations. It is just as it is in municipal law. 

 There is a standard there. When controversies are brought before a 

 nnmicipal tribunal, it is most generally the case that there is no partic- 

 ular statutory law which governs the decisions; and it is very often, 

 and perhaps generally, the fact that there is no particular j^rior decision, 

 or precedent, which will serve as a rule of decision; and yet the courts 

 make a decison. How are they enabled to reach it? They reach it 

 through the exercise by the judges of their function as judicial expcris 

 whose business it is to ascertain the general standard of justice of their 

 own country and to apply it to the controversies which are brought 

 before them. The general standard of justice in a municipal society is 

 so much of the general rules of morality and ethics as that particular 

 society chooses to enforce upon its members. So, also, in the larger 

 society of nations, there is a similar rule. There is a general interna- 

 tional standard which embraces so much of the principles of morality 

 rnd ethics as the nations of the world agree shall be binding upon 

 them. That is international law, founded upon morality, founded upon 

 That sentiment of right and wrong implanted in the breasts of men wher- 

 ever they are. It is this alone which enables them to live in society 

 with each other; it is this alone which enables them to live at peace 

 with each other; and, theretbre, the rule which this Tribunal is to adopt 

 is the general standard of justice recognized hy the nations of the world, 

 which I conceive to be only another term for international law. 



The President. Mr. Carter, if you please, we will continue to- 

 morrow. 



Before rising, I beg leave to state that the Tribunal intends taking a 

 somewhat longer recess to-morrow. It will take its recess from one 

 o'clock until two, which is an exception to our usual practice. 



[The Tribunal thereuj)on adjourned until to-morrow, Ajml 14, 1893, 

 at 11.30 o'clock a. m.] 



