570 PROFESSOR LORIMER ON THE APPLICATION OF THE PRINCIPLE OF 



written statement and oral hearing of counsel, by the representatives of the other 

 States. 



8. That all purely national questions be excluded from the deliberations of the 

 Congress ; but that the Congress itself should determine whether any question 

 brought before it were or were not of this kind. 



9. That civil wars, as opposed to rebellions, be within the jurisdiction of the 

 Congress, the Congress itself being entitled to judge what internal commotions 

 possess the character of civil wars. 



10. That all questions brought by individual States before the Congress, be 

 submitted to it by the representatives of such States — first, scripto, and then 

 viva voce. 



11. That a Judicial Tribunal be constituted, to the decision of which it should 

 be competent for the Congress to remit any matter which it conceived to demand 

 judicial determination. 



12. That there should be a final appeal from this Tribunal to the Congress 

 itself, in a manner analogous to that in which the judgments of our Supreme 

 Courts may be carried to the House of Lords. 



13. That the Judges of this Court be appointed by the Congress, each State 

 voting in proportion to its real weight, ascertained as above. 



14. That the Presidents, both of the Congress itself and of the Judicial 

 Tribunal, be appointed or re-elected at each meeting of the Congress ; but that 

 the ordinary judges of the tribunal should hold their offices ad vitam aut culpam. 



15. That the presidents and judges, being officers of the Congress, be paid by 

 the Congress, and paid very highly, but that the representatives receive no re- 

 muneration, except such as should be granted them by their respective States. 



16. That the expenses of the Congress be defrayed by an international tax, 

 to be fixed by the Congress. That the said tax be proportioned to the number of 

 votes enjoyed for the previous year by each State, and be levied by the several 

 States on their own inhabitants. 



Many provisions of a more special kind would, of course, suggest themselves, 

 were the scheme to assume a practical shape, but the preceding, I think, will 

 sufficiently indicate its general character. 



You will gather from the care with which I have made provision for the 

 forcible execution of the decrees of the Congress, that I am not of the number of 

 those who cherish very sanguine expectations of the possibility of finally and 

 totally abolishing war. Bad as war is, we must never forget that it is a secondary 

 evil to injustice. We must be " first pure, and then peaceable;" and it is on)y 

 when an efficient substitute can be found for war, that its abolition can be 

 rationally, or righteously, desired. I certainly believe that the decisions of a 

 body which should take cognizance of the real power and importance of its 

 various members, would have a very much better chance of being accepted 



