KSTKBAX (ilL BORCJKS IJ,. I). (jKOUC.KI OWN, 1921 MIMS'I KR ()|. lOKl .KIN K l .l .A'I'IONS ()|. VKM /.UKI.A _O-l096 (gparg^totun Inm^rBity SCHOOL OF FOREIGN SERVICE DEDICATED TO IPa« Ampriran Snitg Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/academicexercise1921geor ACADEMIC EXERCISES IN GASTON HALL GEORGETOWN UNIVERSITY ON THE OCCASION OF THE CONFERRING OF THE DEGREE OF Snrtnr nf Earns ON iEfil^ban (BM MINISTER OF FOREIGN RELATIONS OF VENEZUELA APRIL 26, 1921 'HE sojourn in the United States of the special delegation from Venezuela to the unveiling of the statue of Simon Bolivar in / ^ ^ Central Park, New York, was notable in many respects. Few representatives of foreign nations,—and we have seen many in recent years,—have been accorded a more enthusiastic or more elaborate welcome than that tendered to Senor Esteban Gil Borges, Minister of Foreign Relations of Venezuela during his stay in the United States as official spokesman of the land first set free by the Liberator of South America. Headed by President Harding and Secretary of State Hughes, a large group of prominent Government Officials and Washingtonians journeyed to New York in a special train on April 19th to attend the unveiling exercises and to hear the President of the United States deliver a stirring address in which he pledged anew to the Republics of Latin America the disinterested friendship of the United States and urged upon both peoples renewed devotion to the common ideals of Washington and Bolivar. The President of Georgetown University, John B. Creeden, and the Regent of the School of Foreign Service, Edmund A. Walsh, were among the special guests invited to New York by the Venezuelan Government to participate in the impressive unveiling ceremonies. While in New York, the President of George¬ town conveyed to the Minister of Foreign Relations of Venezuela formal noti¬ fication that the School of Foreign Service had petitioned the academic senate of the University that the Honorary degree of Doctor of Laws should be con¬ ferred upon him. This petition, he was happy to announce, had been favorably voted upon and, he added, he deemed it particularly fitting that the first candidate to be presented for academic honors by the new School of Foreign Service should be a distinguished statesman, scholar and educator from a sister republic of South America. SCHOOL OF FOREIGN SERVICE A brilliant gathering of foreign diplomats, Government officials, educators and citizens of Washington assembled in Gaston Hall on the evening of April 26th to assist at the academic exercises in honor of Venezuela. Gaston Hall, always impressive by reason of its classic mural decorations, was particularly warm and bright with the inter-twined colors of the twenty-one American Re¬ publics. When the long procession, headed by the President of the University, who escorted Dr. Santos Dominici, the Minister from Venezuela to the United States, and comprising the members of the various faculties in cap and gowns, and invited guests from the embassies and legations, had reached the stage, a special convocation of the University was opened with an address of welcome by Edmund A. Walsh, Regent of the School of Foreign Service. ADDRESS OF WELCOME By Edmund A. Walsh, S.J., Regent of the School of Foreign Service, Georgetown University. Reverend President of the University, Honored Representatives from Venezuela, Dr. Borges and Colleagues, Distinguished Guests, Members of the Faculty of Georgctozvn University, Ladies and Gentlemen: OMETHING less than two years ago, in this same hall, under auspices not unlike those which have brought together this distinguished assemblage, the School of Foreign Service was welcomed as a distinct department of Georgetown University and was bid Godspeed by the older faculties in its mission of preparing chosen American youths for the responsible duties devolving upon those who aspire to represent this nation abroad, be it in a public or private capacity. Among the earnest recommendations made on that occasion by the eminent scholars and statesmen who assisted at the inauguration exercises, was the hope that the technical instruction, while based upon and pre-supposing the solid substance of a liberal education, should be eminently practical and, as far as possible, of the laboratory type. Long and bitter experi¬ ence had taught these observant men that proficiency in the technique of Foreign Trade or Consular Practice or Diplomatic Procedure is but a fractional part of the full equipment required of youths embarking on the high romance of International Relations. Technical knowledge will be futile, nay, even dangerous in proportion as it is insular, unless humanized by a broad sympathy with the men, the history, the ESTEBAN GIL BORGES literature and social institutions of other climes. It was in answer to this oft- repeated hope, and as a practical exemplification of Articles 14, 15, 16, 18 and 19 of the Final Act of the Pan American Scientific Congress held in this city in 1915, that it was decided to send a group of Foreign Service students to some one of the Latin American Republics in the summer of 1920, under the direction of our devoted and esteemed Professor of Spanish, Dr. Sherwell, himself a perfect blend of Latin culture and northern energy, the true Pan-American. The perfect legal equality of nations, so clearly defined by that illustrious interpreter of our Constitution, Chief Justice Marshall, in the “Antelope Case” in 1825, is a first principle of social intercourse in the School of Foreign Service. We were perplexed, therefore, and embarrassed to no small degree in choosing the country to which our first expedition for economic research should be sent. Upon mature deliberation, however, we felt that no happier selection could be made as the starting point for such student expeditions, which ultimately will cover all the Latin American Republics, than the most accessible country of the Southern Continent, the birthplace of the great Liberator, Simon Bolivar, the land especially bound to the United States by ties traditionally cordial and particularly strong since certain events recorded in the Diplomatic History of both countries under the year 1895,—the Republic of Venezuela! The rich results of the sojourn of these eighteen Georgetown students in the land of Venezuela are now matter of common knowledge and the subject of wide comment. The printed report shows how great was the courtesy and how extensive were the facilities afforded the Georgetown students by the official and academic authorities of Venezuela. In welcoming you, therefore, to the halls of Georgetown University, halls made illustrious in olden days by the visit of the Liberator of our Country, the immortal Washington, I beg to express to the Minister of Foreign Relations of Venezuela and through him to the people of his country, the sincere gratitude of our University, and, for that matter, of all academic circles in this country, for the many attentions and unfailing interest manifested by the Venezuelan officials and teachers in the work of our rep¬ resentatives. I have the honor, sir, of placing in your hands the first copy of the Venezuela Report, which we have taken the liberty of dedicating to you. This published account of the first embassy of good will sent by an American University to Latin America makes clear that the contact was a valuable one for the particular students who made the trip, and that they bore themselves well and creditably. All the more satisfaction may be derived from this fact, inasmuch as the students selected might be fairly taken as a cross section of the student body in the School of Foreign Service,—and you are already aware how widely 5 SCHOOL OF FOREIGN SERVICE representative of the youth of our country that student body is. That these young men should have made a favorable impression in a rather long trip of this char¬ acter, when they were under the observation of a great number of persons, and often in situations calling for a demonstration of no inconsiderable poise and sense of the fitness of things, cannot but enhance our satisfaction and our con¬ fidence, not merely in the resourcefulness, but in the trustworthiness of the men upon whom this country must depend in the future for the promotion of her trade and the dignified and active representation of her policies. The opportunity to hear such eminent Venezuelan Professors as Dr. Itriago Chacin, Professor of International Law and Head of the Diplomatic Service of the Government, and Dr. Jose Santiago Rodriguez, Director of the School of Political Science, who graces this occasion with his presence tonight, shows how profitable and enlightening must be the studies in the field of political science carried on by students sent out in groups under conditions described in this report. Studies in the domain of Political Science are not, to be sure, the primary object of students going abroad to survey the economic resources, the commercial usages and the facilities for transportation and distribution of com¬ modities in the countries which they visit. None the less, sustained contact with trained masters of political studies may at times be possible, and should, in all cases, be availed of in order to gain the valuable experience of hearing points of view on matters of international policy developed in other countries and under conditions quite different from those obtaining at home. Likewise, to Dr. Manuel Segundo Sanchez, the scholarly Director of the National Library, who did all in his power to promote the studies of our students, the University owes a debt of gratitude and herewith publicly thanks the Doctor for his many courtesies. Dr. Sherwell in his individual report has referred to the bestowal of a decoration on him by the Venezuelan Government, and has minimized its personal significance. This reservation of his I transmit with amendments, for I cannot but share the views of the Venezuelan authorities in granting him first, the Medal of Public Instruction and later the Order of the Liberator, that he had rendered Venezuela a lasting service, no less than his own country, by his dignified, gracious and enthusiastic interest in the promotion of the intellectual and com¬ mercial relations of the two republics. Again, sir, you are thrice welcome to these halls of learning and to the long list of distinguished Alumni, whom Alma Mater has honored with the highest degree in her bestowal. You come to add your name to a long and honored list of Latin Americans who have found inspiration within these halls, a list begun as far back as 1801, when, just after the inauguration of that Pioneer of Pan- 6 ESTEBAN GIL BORGES Americanism, Thomas Jefferson, twenty-three young Cubans were brought here by Bishop Claget, of Louisville, Kentucky. On our rolls may be read the names of a President of Chile, the elder Errazuriz; a distinguished Peruvian Cabinet Minister, whose picture adorns the hall below stairs, Felix Cipriano Coronel Zegarra; and the high-minded Colombian Diplomat, Thomas Herran. And, as John Carroll, the founder of Georgetown University, with his kinsman, Charles Carroll of Carrollton, the signer of the Declaration of Independence, was one of the leaders in the movement of American Independence in 1775, so, it is a matter of historical record that one of the first agitators for South American Independence was a brother Jesuit, Juan Pablo Vizcardo y Guzman, who, in 1791, at considerable peril, wrote a famous letter, in which he said: “The valor with which the English colonies of America have fought for their liberty, which they, gloriously enjoy, covers our indolence with shame; zue have yielded to them the palm with which they have been the first to crown the New World by their sovereign independence.” In 1798, Guzman died in London, entrusting to the United States Minister there, Rufus King, a remarkable document urging South American independence, in which he said of his countrymen: “The recent acquisition of independence by their neighbors in\ North America has) made the deepest impression on them.” And as the students of Georgetown University and the students of Venezuela clasped hands at the foot of the statue of Bolivar in your Capital City of Caracas, so do we extend anew the hand of fellowship in our Capital City, on the shores of the Potomac, within short distance of the tomb of Washington. In extending this hearty welcome and in renewing these pledges of brotherhood to you, sir, and to all our fellow-citizens of the Americas, it is with the fervent prayer that the friendship of our institutions of learning may endure and be as profound as was the love of the two liberators, Washington and Bolivar, for the whole American continent and as sincere as is the friendship which exists between the United States of North America and the United States of Venezuela. Americans all, our spirits thrill in unison to that vibrant note, America, that one word which fills the heart with,—I know not how to describe it,—that sudden, magic com¬ bination of love, jealousy, pride, devotion and confidence, which men call Patri¬ otism! Assuredly, sirs, there is no stronger bond among men than the pure love of liberty and truth symbolized by yonder entwined banners. In this common devotion, national differences are forgotten and party strife ceases. When Truth and Liberty speak, all else is silent. 7 SCHOOL OF FOREIGN SERVICE ADDRESS BY THE PRESIDENT OF THE UNIVERSITY Rev. John B. CrEEden, S.J. Mr. Secretary, Ladies and Gentlemen: ^HE story of the visit of our students to Venezuela, the cordial welcome given them and their enthusiasm for the country and its people, forms one of the most gratifying chapters in the history of Georgetown University. When the School of Foreign Service was organized it took for its motto “Pro patria per orbis concordium’' —to serve our country by promoting harmony among the Nations. We recognized the necessity of careful training in languages, and in economic and political sciences. We succeeded in securing the co-operation of a faculty that has no superior in technical knowledge, and is unequalled in self-sacriticing devotedness to the aims of the School, but the University from the very first realized that a knowledge of languages, of economic, and of political science, will not make a man a great diplomat nor a successful foreign trader. Eighty years ago a prospectus of Georgetown College emphasized the im¬ portance of cultivating friendly relations with the new Spanish American Repub¬ lics. True to the motto, “Pro Patria per orbis concordiam,” the University saw then, as she sees now, that it is better to know the psychology of a people than to know the mileage of its railroads; that to deal understandingly, sympathetically, and harmoniously with another nation we must know its history, its traditions, and its culture. Centuries ago the cultured Greeks designated all who spoke a foreign language as “Barbarians.” They despised all foreigners because they could not speak their language. If we North Americans have followed the Greeks in nothing else, we have imitated them faithfully in our tendency to belittle those who have been deprived of the great blessing of learning the English language in childhood. We have substituted other epithets, not always flattering, for the “Barbarian” of the Greeks. It is perhaps unfair to judge us harshly for this attitude toward foreigners. Every year there are cast upon our shores hundreds of thousands of the lower classes from all the nations of the earth. It is from these immigrants that the ordinary, untraveled North American must derive his concept of foreigners. He had no opportunity of knowing the history, the culture, the home life, of the mother country. Such an attitude toward foreigners is bom not of malice, but of ignorance. This is true especially of our attitude toward the people of Latin American countries. Much of our information about Latin America and its people comes from poisoned sources. Our country is supplied with reports of authors whose industry is at least equalled by their prejudice. They go to South America expecting to find the people worshiping the sun. 8 ESTEBAN GIL BORGES They meet men and women who make religion a vital force in their daily lives. As in all other countries, some may not practise religion, but they are all ready to die for it. Unfortunately the reports sent by these missionaries are inspired by disappointment and prejudice rather than by facts, and it is from these reports that hundreds of thousands of North Americans get their information about the Republics of the South. Today no self-respecting historian dares to quote Pres¬ cott or Irving as authorities. They were fascinating writers of romance, but they were not historians. And yet our histories, our romances, and our books of travel, have been inspired and colored by the fiction of these authors. Ask any American school child what he thinks of the early explorers of Central and South America, and he will tell you, with as much assurance as he would declare that two and two make four, that the early colonizers of the southern part of this continent were men of blood, cruel to the Indians, and unprogressive in the arts of civilization. The facts of history are that the Spanish colonizers and their successors were remarkable for the humane and progressive spirit which marked them from first to last. Compared with the colonizers of North America they were angels of mercy. Where the English colonists civilized one of the aborigines, the Spanish colonists civilized thousands. It will surprise the readers of Prescott to know that more Indians were killed in the English conquest of Virginia than in the Spanish conquest of Peru; and that the massacre of King Phillip and his men in New England was more bloody and less justifiable than the so-called massacre by Cortez in Mexico. In spite of our boast of progressiveness in edu¬ cation, three universities in Spanish America were almost ready for their cen¬ tennial celebration when our oldest university was founded. Schools for Indians were established in 1534; books for the Indians in twelve different dialects were printed in Spanish and Portuguese America before the first printing press had been set up in English America. Thanks to the new school of American history, we are coming to know and appreciate the truth,—a truth that every American who is a lover of fair play, will be glad to know. Thanks to men like Bandelier and Lummis, the omissions, the distortions, the prejudices and exaggerations of Prescott and Irving will no longer mislead the writers of American textbooks. It was to give our young men an opportunity to know and appreciate the people of other countries that we adopted the practical policy referred to by the Regent of the School of Foreign Service. How successful our first experiment has been may be learned from the report of the Regent, from the pages of the book just placed in the hands of our distinguished guest, and from the love and appreciation of Venezuela and its people that has taken possession of the students of the School of Foreign Service. It is our purpose to continue this broad education. We want our students to come in contact with the people of other nations, for 9 SCHOOL OF FOREIGN SERVICE by this contact they will learn to be guided in their estimation of others by culture and manhood, rather than by language and nationality. They will learn that culture and manhood are not confined to the dwellers of one land, nor to the speakers of one tongue. They are to be found everywhere. When our education is broad enough to enable us to disregard accidents and provincialisms, we see that human nature is fundamentally the same in all lands, and we give up the Greek habit of calling a man a “Barbarian” if he speaks a language with which we are unfamiliar. There is a peculiar satisfaction for the Faculty of Georgetown University in our successful experiment in a South American country, for that continent is dear to us by the memory of the heroic labors of brother Jesuit missionaries and educators. In 1556 Nobrega landed in South America, and it is due in large measure to him and his successors, men like Anchieta, Claver and Vieyra, that there exists between North and South America one of the most startling contrasts in the history of civilization. In the North, the original inhabitants have been practically exterminated without pity. In the South, the aborigines are more numerous than they were at the time of the landing of the first Europeans. These pioneer missionaries were the first to advocate successfully the abolition of slavery. They were the first to organize schools for the Indians. They were the first to publish dictionaries and grammars in the native dialect. They were the first to set up and operate a printing press on the Western Continent. They were the first geographers and scientific explorers. They were the first to discover and use many valuable medicines, such as quinine. They were the first to bring into general use India rubber, and vanilla, and the bark of the chincona tree. In the great Reductions of Paraguay, the vanished Acadia, they gave to the world an unparalleled example of scientific civilization. They were ruined by the cupidity of politicians. The storm of violence and passion that so long frowned upon them at last burst over the happy abodes, polluting what it did not destroy. But the true picture of the Reductions and the contributions they made to society is given by the reluctant Raynal—a bitter enemy of the Christian name—“Nothing can equal the purity of morals, the gentle and tender zeal, the paternal care of the Jesuits of Paraguay. There each pastor v/as truly the father and guide of his flock. There authority was not felt, because no order was given, no prohi¬ bition imposed, no punishment inflicted, but what was ordered, imposed, or inflicted by religion, which they loved like themselves ... A government under which no one was idle, no one oppressed with labor; in which the food was wholesome, abundant and alike for all the citizens, where all were comfortably lodged and well clothed; where the old and infirm, orphans and widows were taken care of as in no other country; where all marriages were made for affection and without interest; where a multitude of children was a consolation instead of a burden to parents.” 10 ESTEBAN GIL BORGES Having in mind the broad aim of the Foreign Service School “Pro patria per orbis concordiam" and filled with the memory of the gigantic labors of brother Jesuits in South America, it is with feelings of gratification that we welcome to the halls of Georgetown a distinguished representative of the South American Continent. In conferring upon him the highest honors of the University, we are giving public testimony to our appreciation of his scholarship and of the contri¬ butions he has made to the science of international law, but we intend also that this ceremony should be an outward expression of the aim and desire of the University to join together the men of all nations with the harmonious bond of charity in the Brotherhood of Man under the Fatherhood of God. Following the address of President Creeden, a portion of the charter granted by Congress to Georgetown was read by the Dean of the College Department, the Reverend W. Coleman Nevils, S.J., who likewise read the text of the encom¬ ium conferring the Doctorate on Senor Gil Borges; “AN ACT “Concerning the College of Georgetown in the District of Columbia ; “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful for such persons as now are, or from time to time may be, the President and Directors of the College of Georgetown, within the District of Columbia, to admit any of the students belonging to said College, or other persons meriting academical honors, to any degree in the faculties, arts, sciences, and liberal professions, to which persons are usually admitted in other Colleges or Universities of the United States; and to issue in an appropriate form the diplomas or certificates which may be requisite to testify to the admission to such degree. “Langdon Cheves, “Speaker of the House of Representatives. “John Gaillard, “President pro tempore of the Senate. “March 1, 1815. Approved: “James Madison.” 11 SCHOOL OF FOREIGN SERVICE THE PRESIDENT AND FACULTY OF GEORGETOWN COLLEGE EXTEND TO ALL WHO SHALL BEHOLD THIS DOCUMENT GREETINGS IN THE LORD. This ancient University of Georgetown, while ever devoting itself to the advancement of science and the liberal arts, has likewise sought to promote every worthy cause tending either to the nation’s good or to the common welfare of humanity. Among such ideals is international harmony, for no man can deny that the hope of mankind rests more and more on the cultivation of mutual con¬ fidence and good will among nations. Assuredly, such essential faith in each other’s integrity and a spirit of mutual helpfulness has long characterized the relations existing between Venezuela and the United States of North America. The chronicles of both nations furnish ample proof of this,—if indeed proof be needed,—in the long line of amicable treaties constantly renewed, in the memorable and unequivocal protest made by this Government against the encroachments of a European power on Venezuelan territory and in the acts of gracious kindness and unfailing courtesy with which the citizenry of Caracas welcomed our sons, the American students from Georgetown, in the Summer of 1920. And the latest token of fraternal union stands in imperishable bronze as the gift of Venezuela to the great metropolis of the North,—the heroic statue of the renowned Liberator, Bolivar. Motives such as these commend the whole Venezuelan people to our esteem and affection, but especially does this University deem it proper to honor him whom his people have chosen to honor by sending him hither as their special representative, and who is at home their particular pride and abroad their public ornament,—the Honorable Esteban Gil Borges. Not only has this man’s achieve¬ ments in fulfilling worthily the responsible post of Minister of Foreign Relations raised him to preeminence among his fellow Venezuelans, but personal merit, manifesting itself in the winning of academic honors in his native land, in the authorship of scholarly works on Jurisprudence and in the high distinction of professing International Law, has won for him a renown not confined to South America, but extending to our northern lands, and even to the shores of Europe. 12 ESTEBAN GIL BORGES Wherefore, in virtue of the power conferred on us, the President and Directors of Georgetown College by the Federal Government of these United States, we hereby create and proclaim the aforesaid Esteban Gil Borges, DOCTOR OF LAWS with all the rights, privileges and emoluments attaching to such a degree. In order, moreover, that these rights be secured and safeguarded unto him, we hereby deliver, with congratulations, these letters patent, signed by our own hand and fortified with the great seal of the corporation, on this 26 th day of April, in the Year of Our Salvation, One Thousand Nine Hundred and Twenty- One. PRAESES ET PROFESSORES CONLEGII GEORGIOPOLITANI OMNIBUS PRAESENTES LITERAS VISURIS SALUTEM IN DOMINO. Consuevit quidem haec Universitas Georgiopolitana non tantum cultum scientiae et artium liberalium omni modo promovere, sed etiam, quod maximi moment! est, ea omnia quae vel ad bonum Reipublicae vel ad bonum commune omnium hominum conferant diligentissime excolere. Quis vero negabit bonum totius generis human! eatenus provehi quatenus inter nationes fides simplex ac benevolentia sincera existant atque vigeant. Praeterea nemo est qui negare audeat inter rempublicam Venezuelae et rempublicam horum Statuum Foedera- torum amicitiam integerrimam et plenissimam vigere et foveri. Ut alia praeclara omittamus, testis est ilia incredibilis comitas qua nuper cives Venezuelenses exceperunt illos juvenes Americanos qui e schola nostra ad res mercatorias in austral! America visendas explorandasque perrexerunt; testis quoque est ilia statua splendidissima celeberrimi Bolivaris, australis Americae Liberatoris, quam paucis abhinc diebus huic reipublicae dono dedit populus Venezuelanus. Quibus omnibus prae oculis habitis dignissimum videtur ut haecce Universitas Georgio¬ politana, dum grato animo recognoscit virtutes et merita praeclarissimorum civium Venezuelensium, Stephana Aegidio Borgesio, qui est lumen et decus Reipublicae Venezuelae, quique hac festivitate a suis civibus ad populum Americanum nuntius egregius est electus et constitutus, laudes agamus et praemia decernamus. Quod revera eo magis est praestandum quod Stephanus Aegidius Borgesius in sua patria gradu Doctoris Philosophiae est insignitus, libros sapientia ac doctrina refertos scripsit, suis concivibus vera principia de Lege International! tradit, curam gerit de rebus apud gentes exteras, immo tabs est qualem optimus quisque turn in Europa turn in America, septentrional! et austral!, consuetudine devinctum tenet laudibusque ad astra evehit. 13 SCHOOL OF FOREIGN SERVICE Quapropter Nos, Moderator et Professores Universitatis Georgiopolitanae, auctoritate a summa potestate civili nobis collata, hunc eumdem STEPHANUM AEGIDIUM BORGESIUM, Doctorem Legum, honoris causa, creamus atque declaramus cum omnibus juribus et privilegiis huic gradui annexis. Ut autem haec jura ei sarta tectaque sint et in suo robore semper permaneant documentum manu nostra subscriptum et sigillo Universitatis munitum eidem Stephana Aegidio Borgesio plaudentes tradimus. Die septimo ante Kalendas Maias anno Salutis MDCCCCXXI. At the conclusion of Dean Nevil’s address. President Creeden handed the diploma to Dr. Borges and placed the Doctor’s hood of blue and gray on the shoulders of the distinguished Venezuelan, thus creating him Doctor of Laws. While his colleagues were crowding around Dr. Borges with congratulations, the students of the University broke into the old, familiar song, “Sons of George¬ town,” and this salutation to the newest alumnus of the college was followed by the stirring national anthem of Venezuela played by the Marine Band Orchestra. REPLY OF HIS EXCELLENCY ESTEBAN GIL BORGES Minister of Foreign Relations of ihe United States of Venezuela Reverend Rector and Regent of the School of Foreign Service: Gentlemen: Cg T WAS but yesterday that the city of New York conferred on us its freedom, and now today you favor us with your hospi¬ tality, and confer on us academic distinctions in these venerable halls. Kindness thus doubly bestowed binds our hearts and spirits forever to yours. In a moment of generous feeling,—a moment we shall never forget,—you have disclosed to our very souls your own greatness and your goodness. From the United States we shall take home with us the memory of your cities streaming with our national colors, and from the other shore of the Caribbean our tri-colored iris will wave in eternal salute to your native land and toward the stars in your flag, thus signifying the closer approach of our two countries to a common destiny. In your kindness, you will understand my feelings, if, in undertaking to express my thanks, I am unable to find an appropriate garland of thought to exchange for the laurels you have bestowed on me; but my soul is as contemplative in this University as in a temple, and my gratitude rises like incense to ask of God that He preserve for your people the national virtues which have made the 14 ESTEBAN GIL BORGES greatness of this American Fatherland, for which we have an admiration equal to our affection; and that He may preserve and encourage those institutions, which, like your University, constitute the grace of your manhood, and are like the flower of the oak,—but of an oak stronger, greater, and more productive than that of imperial Rome, an oak which has already refreshed the world with the shade of peace, no less than it has dazzled it by the glory of its foliage. Ladies and Gentlemen: In international private law there is evolving a national tendency which has had a rather full theoretical development in these recent years, particularly in Germany and in Italy. It is, perhaps, the prevailing doctrine in the English speaking countries. This tendency is not an exceptional fact in international private law, but is common in the evolution of all systems of law. International private law tends to become a law of the state just as in other times private law was the law of the race, in the case of the barbarian peoples, and was the law of the city in the Greek and Latin forms of society, and the law of the land in the period of feudal social organization. At certain moments in the course of history the juridical ideals of mankind, as it exists in one or another group, are so energetically expressed that they take on the form of a legal system exclusive in character. Progress has lengthened the radius of this orbit from the ethnic unit to the city, from the city to the province, from the province to the nation. In Rome this exclusive character of the law dominates the Law of the Quirites. The law of the feudal period, in its turn, was as exclusive in nature as the Roman law of the early times. The doctrine of territorial sovereignty, absolute in character, was exclusive in a way analogous to that which had marked the effect of the Law of the Quirites on Roman institutions. In Rome, there was the exclusiveness of the city as against all that lay without, while within the city there was the exclusiveness of the patrician class as against the plebeian class. In the middle ages, the attitude of exclusion was that the feudal estate on the one hand as against all that lay outside, while within the unit of sovereignty the law of the lord was exclusive as against that of the vassal. Civil law was, in the cities of Greece and Rome, the element which fused the antagonistic interests of classes and castes into a social unit more embracing than that of the tyrannies, despotic monarchies and military oligarchies of the Orient. The national law in modern times was, in turn, the element which fused into a still more inclusive unity,—that of the State,—the antagonistic interests of the provinces as they had existed during the feudal period. In Rome the city limit was the frontier of law. The law was the child of 15 SCHOOL OF FOREIGN SERVICE the city. The foreigner was the enemy. The city was juridically a community isolated within its hills. In the society of the middle ages there was, as in Rome, a certain antagonism operating within each social group. The feudal castle and medieval town are as hostile to each other as had been the patrician and plebeian classes in Rome, but over and above this hostility prevails the hostility against the foreigner. The doctrine of territorial sovereignty is, as we have said, the Law of the Quirites, translated into terms of feudal law. Periods of time, often centuries long, were necessary in order that progress should break down these boundaries limiting the effect of law set up by the caste, the race, the city, and the feudal estate, in turn. In Rome, the political work of the Empire, the philosophical contribution of Stoicism, the spiritual reform of Christianity, were necessary to bring about the transformation of the Law of the City into the Law of Nations. In our modern times, the political achievement of monarchy, the philosophical influence of the Natural Law School and the grinding process of revolution were all required to change the law of the province into the law of the nation. The social forces which transformed the categories of human society like¬ wise transformed its law. Rome experienced a profound modification in its legal ideas when those social forces made of the City of Quirites the Republic of the Praetors and Tribunes, and then, later, transformed the Republic into a cosmopolitan empire. Legal categories have suffered a like transformation at the beginning of our modem period. Analogous to the reaction against the principles of feudal society is the reaction in law, particularly in the field of international private law. One of the manifestations of this reaction was that of the theory of statutes. The glossators who formulated the statutory theory were the heirs of Latin tradition. The legal theories of Italy were the children of Roman cosmopolitanism. Legal ideas and influences have roots not only in the loose surface earth of theories, but they also have roots deep in the historic sub soil of the Western races. These ideas and instincts are the result of an historic evolution which has at times lasted centuries. In the middle ages we have seen the countries of the Roman Law develop in the direction of the personality of law, while those which lay outside the influence of Latin civilization developed rather towards the terri¬ torial concept of law. Later, we have seen two other elements in conflict; on the one hand, the legal customs of feudalism, and on the other, what was left of the legal system of the invaders. The fundamental principle of the one was terri¬ torial sovereignty,, while the key of the other was the law of the race. The two principles carried on a long struggle, and historical conditions determined the victory in each instance. 16 ESTEBAN GIL BORGES France and Germany were feudal countries and they were controlled by the system of territorial sovereignty. Italy was a country of small republics, organized municipally and saturated with Latin traditions; and Italy was dominated by the theory of the glossators. Roman law and local customary law were locked in this great struggle. The institutions of society swung now towards the imperial idea, that is, the idea fundamentally Roman, and now towards the feudal idea, funda¬ mentally the product of the individualistic spirit of the Germanic Race. The systems of international private law survive all the incidents of this mighty struggle, from which, as a sort of compromise formula, there emerged the statu¬ tory theory. But this harmonizing formula had still further to adjust itself to the social conditions of the nations, and from it there arose in turn systems so different in character as that of the Italian jurists of the thirteenth century, that of the French jurists of the sixteenth century, and that of the Dutch jurists of the seventeenth century. The doctrine of Bartolo is altogether different from the theory of Dumoulin and D’Argentre, and this, in turn, differs from those of Voet and Huber. In this connection, Laurent was able to say, “There is no vestige of the cosmopolitanism which characterized the glossators to be found among the statutory theorists,” and, again, that “The statutory jurists are already French, Belgian, German.” ^ The reason for this difference in interpretation of the same system of law is to be found in the controling ideas which characterized each of the peoples, and also in the diversity of their social institutions. Law has been profoundly affected social conditions and mental aptitudes. In Italy, which was a country primarily municipal in its social structure and fundamentally Roman in its juridical development, the dominant theory was that of the glossators. In France, on the other hand,—a feudal country, the land of the coutumes ,—the prevailing law was the law which ran with the land, although there was discernible an occa¬ sional tendency towards adoption of the Italian system. Again, in the Nether¬ lands and Belgium, which were countries of provincial autonomy, the governing principle in law was that of absolute territoriality. The transformation of the doctrine of personality of law is another example of the profound modification by which experience shapes ideas which may have had the same source, and, at the outset, the same nature. The idea of the personality of law has in our modern systems of law the same function which it had in the early centuries of the middle ages among the invaders of the Roman Empire. In both systems of law, the function seems to have been identical although the ground for its operation seems to have changed. Laine and Laurent have denied that these two systems had an identical origin and a dose relationship. “We must not,” says Laurent, “confuse the personal ^ Laurent—Dr. civ. int. I—257-258. 17 SCHOOL OF FOREIGN SERVICE law of the Germanic peoples with the personal law or statutory law of French legal theory. In our system, one law governs all those who are members of a single state. The Code Napoleon governs all Frenchmen whatever may have been their racial origin. Generally speaking, laws are without authority beyond the boundaries of the territory over which the legislator exercises jurisdiction. Some laws, however, which deal with the status and capacity of persons continue to govern even Frenchmen living in foreign lands; and these laws are called personal because they refer to the person and no Frenchman can escape them by departing from his native land. . . . Among the barbarian peoples the personal law was the national law of every man.” ^ “The personal laws of the French,” remarks Laine, “are nothing else than their territorial laws following them into foreign countries. Today all laws which are called personal from the point of view of conflict of laws are really territorial laws, that is to say, they are precisely the opposite of the personal laws of the barbarian peoples.” The basis of the notion of personality of law has, in fact, been transformed. Among the barbarians the criterion was the race, while in modern law it is territorial. Its function, however, in our judgment, remains the same, and in one and the other case to a greater or less extent it implies the application of a national law in a foreign country. Among the bargarians it was the law of the tribe, while among the peoples of today it is the law of the nation. What has changed is the form of the State; the basis of law in the system of the invaders was the ethnic unit, while in the modern world it is chiefly the geographic unit. Neither the personality of law among the barbarians nor the territoriality of law in feudal Europe, nor the compromise formulas of the statutory jurists, nor again the personality of law in our modem juridical system can be conceived as purely theoretical notions capable of isolation from historical realities. These concepts take their origin directly in the diversity of social institutions, racial characteristics and stages of evolution of the State. The personality of law directly corresponds to a notion of a state resting squarely on an ethnic unit; the “law of the land” rests, in turn, on a concept of a state founded on the basis of a geographic unit; while the personality of modem law finds its basis in a theory of the state resting on the principle of nationality. The work of centuries cannot be changed in a day. The personality of law is destined long to remain an element in the legal systems of those states which accepted the Roman law and the Latin theory of the State; the territorial char¬ acter of law will likewise remain imbedded in the legal systems of those States which adhered to the Germanic law and the feudal traditions. Race, historic environment, ideas, instincts, prejudices, political interests. * Laurent, Dr. civ. int. I—168. 18 ESTEBAN GIL BORGES national passions,—all these are coefficients with evident influence on the for¬ mation of law and in a less direct, but none the less certain, manner, on the formation of scientific doctrines. In order to estimate the possibility of a reform which would bring about a uniformity of ideas in the teaching and principles of positive law, we must take account of the historic factors. Scientific thought by itself would create nothing but abstract concepts. For example, if we were to try to reconcile the Italian theory of the personality of law and the territorial theory which prevails in the English speaking world, we should have to wipe out all the past of these peoples and erase from the national life of some, centuries of feudal traditions, and from) that of others, centuries of Roman traditions. In international private law we find essential differences between the coun¬ tries of the civil law and those of the common law, and these differences originate in large part in the historic development of these two systems of law. “Our English concept of the law,” says Harrisson, “preserves us from the fantastic sophism which govern most of the law on the Continent; that is to say, the idea that from international private law we can construct a universal system based on the meditation of jurists and imposed by the force of their logical strength on the different tribunals of Europe. For us in England, notions of jurisprudence are derived from practical decisions and not dogmatic theories.” ® “Systems of legislation,” says Laine, “may be divided into two groups; on the one hand the systems which exist in France, Italy, and Germany, and on the other the systems of England and America. The first group has as its common element the Roman law, which cannot be found in the second; conversely the second group has the feudal law, which is not to be found in the first. Conse¬ quently, between these two systems of legislation there is a profound difference for a double reason.” The positive law of the United States has been composed by jurisprudence and federal legislation. In matters of international private law, Anglo-American jurisprudence still clings to the concepts of the Dutch jurists of the eighteenth century. The doctrine of absolute territorial sovereignty permeates its rigorous attitude towards the foreigner and the foreign law. The application of the foreign law is not admitted, but it is tolerated on the basis of comity and as a matter of liberalism. (“Ex comitate”; “Liberaliter”; V. Comm, ad Pandectas Lib. I—T. IV—“De Statutis.”) The theory of the “Lex Situs” is the basis of the international private law of the English speaking peoples. This theory is applied to all juridical relations, persons, status and capacity, property and all its ramifications, contracts and criminal law. •' Harrisson, Journ. de Dr. Int. Prive, 1880, p. 548. 19 SCHOOL OF FOREIGN SERVICE “It is of the highest importance,” says Minor, “that every question coming to a court for decision shall have a ‘situs’ some\vhere, and, generally speaking, every question which arises will be settled by the law of the State where this ‘situs’ is located. Whatever interests may be ventilated before a tribunal, whether they have been created by the voluntary action of an individual or have an origin without his voluntary action but rather as a result of the operation of law, such an interest must have its ‘situs’ indicated by the individual or determined by the law. Marriage, contract, inheritance, and crime,—each of these things has its ‘situs,’ and it is the law of the ‘situs’ which governs it. . . . One of the principles of science is that every state is sovereign within its own jurisdiction. Consequently, every state may forbid the application of foreign laws within its boundaries. It follows that when effect is given to a foreign law it is because temporarily the national law withholds its supreme authority in favor of the foreign law, which, for the moment and with particular reference to a specific case, is converted by the will of the State into its national law.” * In the British Empire the difference between the juridical standards of the home country and the constituent States of the Empire, and in the United States, the difference between the federal and state laws, has resulted in a tendency somewhat similar to that which prevails in international private law; and these differences have conferred predominating influence on the theory of territorial sovereignty. These differences, profound in character,—which distinguish systems of international private law prevailing on the European continent and in England,— and the differences between the civil law of the Spanish American countries and the common law of the United States in America, are to be attributed less to the fondness of thinkers for this or that theoretical construction, than to peculiar¬ ities in the historical development of the respective juridical standards. After the dissolution of the Roman Empire, the variety in law, based on the criterion of race, persisted. From the eleventh through the twelfth century, the commercial relations and the renaissance of Roman Law in the cities of Italy modified the concept of law in the units of civil society which there existed. As Westlake remarks, in the application of foreign laws, principles of justice, determined by reason, were observed.® The feudal system brought to the Western World a new concept of inter¬ national private law.® This fact was the starting point for two distinct systems of law on the Continent. According to one, the law of the land was to be applied ^ Minor “Conflict of Laws,” Boston, 1901, p. 6. ® Westlake “International Law,” 4th Ed., p. 15. ® Sumner Maine, Ancient Law, p. 108. 20 ESTEBAN GIL BORGES to every controversy, while according to the other, there could be applied to a particular case a foreign juridical principle if the nature of the case so required. By reason of the geographic isolation of England and the unity of its judicial organization, that country was somewhat remote from this conflict of legal systems. The Norman conquest resulted in the organization of a strong monarchy and a parliament with genuine legislative authority. As Brunner declares, the Curia Regis from the beginning displayed an unaccustomed capacity for centralizing the legal and administrative system of the country.'^ These elements constituted a uniform and exclusive system of territorial law, a closed system in which there was no room for the variety of points of view given expression by French, Italian, Dutch and German jurisconsults in settling conflicts between their several customary or statutory systems. Anzilotti puts it well when he says: “In England, the statutory theory was late in coming into use, and it was adapted in such a way to the common law that it was almost transformed. In all the other countries on the Continent the principles and conclusions of this theory were admitted. It is true that they were regarded from different and even opposite points of view.” England remained in this geographic and legal isolation down to the period of revolution. At the end of the sixteenth century the commercial relations between England and the Continent grew very much more close. This was particularly the case between England and the Low countries. The Dutch pub¬ licists of the school of Grotius, Rodemberg, of the two Voets, and of Huber, enjoyed great prestige. English jurisprudence found its doctrines particularly applicable to the legal system of England, and as application of foreign law was regarded as a limitation of territorial sovereignty, this obstacle was overcome by the acceptance of the principle of comity of nations. The comitas gentium is still in England and the United States the basis for the application of foreign law. British jurisprudence and that of the United States have been in this regard altogether conservative. In 1895, a decision of the Supreme Court of the United States declared that the principle of reciprocity was an indispensable requisite for the carrying out of foreign decisions for “the comitas gentium of the United States called for nothing more.” ® Recently there has developed a tendency looking to the conciliation of the two systems of international private law namely, to that of Europe and to that of the English speaking countries. The Conference of the International Law Association, at its meeting in Heidelberg in 1911, declared “that there ought to ^ Brunner and Hastings, Sources of the Law of England. ®Cf. Beale, Harvard Law Review, 23; Wharton, Conflicts of Law, 356-357; and New York Code of Civil Procedure, Par. 1756. 21 SCHOOL OF FOREIGN SERVICE be established an International Commission with a view to recommend mutual concessions between the systems of law of the continent and the English speaking peoples so as to bring them closer to uniformity.” The difference in the basis of international law between the countries of Roman tradition and those of feudal traditions are not as profound as to compel us to abandon our hope of reaching a compromise which will eliminate the divergencies. National peculiarities which took shape by reason of racial dif¬ ferences are today of less influence than they were in the evolutionary period of law, while those peculiarities due to geographical reasons have been modified by reason of the improvement of communications and means of closer contact between peoples; while, finally, those due to differences in social institutions are being gradually wiped out by reason of the expansion of a single ideal of civilization which makes identical the principles of moral and juridical life.® The action of various common cultural factors, the comparative studies of legislation which seek amid all the varieties those elements which are common, and which always exist at the bottom of all systems of law, and upon which there may be based a harmonizing structure, research in the universal underlying stratum of ideas and principles governing our civil life, and, above all, the analogy of the interests which nationalities in this hemisphere have in their various jurid¬ ical relations and particularly in commercial law;—these factors seem to justify our hope and to stimulate our effort in the unification of the legal standards of America. The most imperative need of legislative uniformity,—and the least difficult to effect,—is to be found in the field of commercial law. The work of uniformity in this branch meets fewer obstacles than in the other branches of law, as the civil or public law more immediately and fundamentally follow the influence of national individualism and historical tradition. Commercial institutions fulfill economic requirements of a general character; it is, therefore, in this branch of legal activity that the task of making uniform the law of the American Republics can most successfully be achieved. This will be a useful accomplishment. This work of uniformity will not only be useful now, but it will also clear the way, in the future, for a more embracing and more profound unity of the juridical life of the nations of this hemisphere. The President of the University, in introducing the next speaker, said: “I believe the greatest force in the country today for the promotion of har¬ monious intercourse among nations is the Pan American Union. It is always ® Bertin-Journ de Dr. Int. Prive, 1892-225, and 1898. For the opposite view, see Raoul de la Grasserie. Raymond Saleilles, Rev. trim, de Dr. Civ. 22 ESTEBAN GIL BORGES ready to furnish accurate historical knowledge of all the countries of America, and it is likewise always ready to correct false history concerning those countries. It seems that a man to be a successful Director of that Union should possess one of the qualities of a great poet. He has to be born to such a position, and cannot be made. The Union at present has a man at its head who certainly seems to be born for the position. He has a wide knowledge of the American Republics, a broad sympathy with their peoples and a geniality which is irresistible. It gives me great pleasure to present him to you this evening in the person of the Honorable Leo S. Rowe, Doctor of Laws, Director of the Pan American Union.” Closing Remarks by the Honorable Leo S. Rowe, LL.D., Director of the Pan American Union. Gentlemen of the Special Delegation from Venezuela, Members of the Board of Regents and Faculties of Georgetown University, Students of Georgetown University, Ladies and Gentlemen: One would be poor both in mind and spirit were he not to be stirred by an inspiring occasion such as this. It is on these occasions that we are able to measure the progress that has been made for that closer relationship, not only between the governments, but between the peoples of America, which means so much to the present and to the future of our civilization. It is, therefore, Mr. Minister, with a deep sense of privilege that I bring to you the warm greetings and congratulations of the Pan American Union. We realize that in honoring you Georgetown University has honored itself. We greet you as the representative of that spirit of continental co-operation which both you and your country have done so much to develop. Statesman, philosopher, educator, you have ever held before your students and before the people of your country the highest standards of international right and justice. Beyond the personal tribute which this occasion means to you. Sir, we desire to thank you and the members of the distinguished special mission that accompanies you for the honor you have done this country in paying us this visit. Your presence here means much to us, as it means much to the other republics of the American continent, because, aside from the great outpouring of national feeling which the occasion of the presentation of the statue of the Liberator has brought, there is a significance to these demonstrations which I am sure you will carry back with you to Venezuela, and which will also resound to the utmost confines of this continent. 23 SCHOOL OF FOREIGN SERVICE The great national hero whose memory we have honored during the cere¬ monies of this last week stands forth in the history of this continent as the pioneer of international codperation, the first to appreciate the importance of unity of policy and unity of effort as between the republics of the American continent, the first to realize how much such unity of effort means to the peace of America and to the peace of the world. Bolivar’s call for the assembly of the First Pan American Congress, which met in Panama in 1826, indicates his large vision, his power to visualize the future and his keen sense of the important part which the republics of America were called upon to play in the history of modern civilization. The high standards which he set during the early years of the nineteenth century have required a long time of painful effort to find acceptance throughout the continent, and it is only the present generation that is beginning to reap the fruits of the great, statesmanlike vision of your distinguished countryman. And we congratulate you, Sir, as well as those who are accompanying you, that it has been vouchsafed to you to continue, and to express in your own public policy those high standards and ideals for which Bolivar stood, for which he struggled and for which he made the great sacrifice. The Pan American Union greets you. Sir, not only as the worthy repre-' sentative of a great country, but as a staunch promoter of those ideals of inter¬ national justice and fair dealing which should ever characterize the relations of the republics of America with one another and with the world at large. 24 P: [(» V.J l' V