New-York tribune., 1872-10-12

against without cayil and without comment Of any
kind lCheersl l am happy TO see that hate such is tho
But must say, with the greatest submission 70 my
learned friend, That wish bis practice had accorded
is advising us TO submit-as advise you 10 submit-td
the award not only to pay ae m0ney but as3 to
He does Having put the thing out OF our power,
the honorable and hgh-mnded way in which the nation
should now treat IL s simply obey the award and ab.
stain from all comment on reclamation ns TO what tho
Arbltrators have thought proper TO do lCheers very
uch regret that the Lord Chief Justice did not take tho
course OF simply signing the award with the ArDrator
IL being weknown that he offered from them In certain
respects which would appear in tho TRANSACTIONS.
hink Is pity when the thing decided when we arc
bound to act upon H. and not really justified on any
feeling OF honor or good faith in making any reeana-
ton or quarrel with what has been done IS pity no
the strong arguno ns and contests which tho Arbra
tor nad aeGGf eSno6 xs ses d as al any %
and without murmur in the award, be mad better not
have published his argument; but as he thought IL ghs
to publish his argument no had better have retsenched
his advice.
necessary to devate from the practice OF ordinary aID
traitors. They really we're only Ike arorators between
any OF the only difference tnat nationsnstead
OF individuals are In dispute and the award ~ very
large But the universal practice Founded on good
traitors should not give tho reason their award, but
merely content themselves with awarding whateyer
they think Is right under the circumstances lHeaf.
hearl This. gentemen,f il You have followed what l
have said, Ia my cOncuson: that IA tue arDraors arc
not really judgesnot really tbunal-but agents OF mo
parties for settling single difference ana clothed Win
no authority whatever, they would have done moro
which whereas" prehxed In the award.
in which they seem to lay down certain propositions s Sr
decision. They had power, undoubtedly 70 decide %
this case, but they had not power 10 lay Gown
principles OF international law. Tney were not n
court constituted for that purpose heir power was
gone as they had made their award, aud tho
principles they have laid down cannot be established by
their They are @ IN 10 tneteeyes very Gi
as far as my opinion goesthat though must strongly
or Complaint Of sny knd or cty against the DECISION
Of the award, do nOI consider tnat this country Is
bound by the principles which the ArbitraioTs have
CHOSEN to lay down, IA ADDITION to those that were
agreed on between England and America for their Owl,
guidance In the settlement OF TINS case Chcers can
only hope as am sure We all do that ne sacfnces wo
have made, and the concila;ory disposition We have
shown, may produce its feet. IL will be more likely "a
do We adopt the course venture TO suggest; and
indulge hope that we about TO enter GA new eT.
aside its ealOusies and animoes, and when We shall
cOnhne ourselves TO the noble rivalry which can do nost
to extend tue interests OF civilization ana oi peace over
There is one Observation that was forced upon In
the OF these negotiations which visa 10 mehtlOh
10 you IL is the fact that the senate OF the Unted
is the body that must ultimately ratiy every treaty
most dangerous and perplexlng nature ~hel poss'Dg
Will, one day or another Inless Corrected Involve VIC
United States in great dlihculty Ibe great men ~ia
formed the Constitution Of America thought very sen
right that o matter Of such importance as treaty
should receive the confirmation OF tue representatives ~
the people lhear, hear; hut they Jailed what
may call the reflex action such principle introduced
The effect OF it Is that when You negotiate Nith
you are negotiating with plenipotentary at ALL
Those who speak aud act for US can bind the Q4eena
Government and the country, whereas the Amerlcau
Government canuot bind America, because there is
always the Senate to be consulted before any point eau
DO raised and settled. The Senate moreover IL nos
always in session. and when Ia session Is not bound
as deOeratye assembly by informal opinions gwen ia
ils name The quence side Is bound BY
what proposed, While the other side may change rs
position. 1ne principle really involves that tne sena,o
must consulted every sep, which would De lpo,-
sOe. This fOr tue fact that the Two previous
attempts at negotiation ON the part OF Mr. iSVerdy
johnson and Mr. Motley both failed. It Was because
they negotiated by them while the Senate had hos
given an OPINION and mad ght 10 reject them men
ton this, by way OF cItclslng tue American Gov
ernment, because know from experience tLt liis -
not very paataDc to Amerlcaus but because many ia
this country think il would be well here II no treaty
could be carried without the consent of Parliament