The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-26
Arbitration-Ths Closing Arguments
OF Counsel.

OF Counsel.
special cable despatch from the CORE
spondent of the HERALD at Geneva, published
to-day, brings information of the approach of
the close of the labors of the Court of Arbitra-
ton on the Alabama claims and of the present
condition of the proceedings, together with
a brief account of the banquets, entertain
ments and festivals provided in honor OF the
members of the tribunal and at which they
find agreeable relaxation from the duties which
have held them in session during the Summer
months. At the same time we have received by
mail and also publish to-day the closing argu
ments of the American counsel, Messrs. Cush-
ing and Evarts, in response to the English
discussion of certain points submitted by
the Court for explanation subsequent
to the close of the counter cases. Our special
cable despatch represents that all the bust
ness before the Court, so far as the pleadings
are concerned, has been disposed of on both
sides, and that the work which yet remains to
be done is principally that of the accountants,
who are calculating the exact amount of
damages sustained by Americans through the
acts Of the Anglo Confederate privateers.
When this business has been concluded and
the totals are ascertained the arbitrators will
render formal Judgment on the issues: first,
whether England is responsible or not re-
sponsible in each separate case, the treaty
requiring decision of this point in regard to
each cruiser and, next, what amount Eng
land should pay as compensa-
ton for the American cases. if the
question of liability is decided affirm
atively. We are told that the case
of the Shenandoah excites an earnest and
agents and counsel evincing symptoms of irri-
tation at what they please to call the per-
tinacity with which the American side presses
for damages sustained by the destruction of
the whaling fleet and it is even said that
scenes of an exciting character have recently
transpired in the presence of the Court. This
statement must however, be accepted with
due remembrance of the dignity of the tribu-
nal, and it must not be supposed that the ex-
element alluded to was such as We are accus-
toned to witness in our ordinary courts of law
when learned counsel get heated in their argu-
ments. We do not suppose that the scenes in
the Stokes trial were re-enacted at Geneva,
or that Messrs Cushing and Evarts, on
one side, and Sir Rounded Palmer,
on the other, INDUCED in such
professional compliments as occasionally pass
between counsel at the New York Bar.
warm discussion and an exciting scene before
the staid and decorous Geneva Court would
probably appear tame enough in the eyes of
those accustomed to peruse our law reports
The case of the Georgia is reported to have
been practically abandoned and the claimants
probably not be found among those who, &C
cording to the atereotyped official reports from
Washington, are to be s'highly satisfied with
the result of the arbitration. It is expected
that two weeks from the present time will see
the whole subject of the claims finally decided.
Turning from the uninteresting business of
the -uninteresting at least to all except
the insurance men and the few others who
expect to get portion of their losses back
from England-to the more agreeable features
of the season in the city of Geneva we find
that the Hotel Beau Rivage has been the scene
of a splendid banquet, given by Mr.. Bancroft
Davis in honor of the arbitrators and others
who have connection with the Court; of q
brilliant ball, which wound up the enjoyment
of the evening, and of second banquet,
in which representatives of the American
press were the hosts. Lord Chief Justice
Cockburn, of England however, was not
present ON either occasion, having adopted
for his guidance an ''inaexible rule
TO decline all invitations while the
arbitrations are pending. The enterprising
citizens of Geneva, too, are getting up q
grand peace jubilee, after the fashion of
Boston; but, fortunately for the ears of the
residents and visitors, on a much less noisy
scale, in which four thousand performers are
to take part. Triumphal arches, in honor of
the occasion, are erected in the principal
thoroughfares flags of all nations float from
the various buildings; the members of eighty
six musical corporations have arrived, as an
auant-garde, from France, aud, to crown the
whole, the weather remains magniicently fine.
The arguments of Messrs. Evarts and Cush-
ing which also appear as a portion of the
Alabama chapter of to-day, will be read with
much interest. We may expect on this side of 1
the Atlantic to be impressed favorably by the
pleadings of our own representatives, because
we are tolerably certain to look upon the mat
ters in controversy from the same point of view
from which they are considered by the Ameri-
can counsel At the same time We do not con-
slider it partial judgment when We declare
that the Americans have evidently had the best
of this last forensic contest; that the broad prin-
ciples of law and justice have been on their
side, while the English have been led into the
rIse of bubbles and special pleas II is true