The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-12
Sir Alexander Cockburn, Mr.. Cushing
and the Geneva Award.


States and England concerning which 80 much
has been said and written on both sides OF the
water, seems, after all, to have been little
helped by the result of the deliberations OF
the august tribunal at Geneva The corre-
spondence between Mr.. Davis, the Agent of
the United States, and Mr.. Secretary Fish. on
the extraordinary reasons of Sir Alexander
Cockbhrn the somewhat representative of
Great Britain, which we present to our readers
to-day, is very entertaining reading. 1t
shows that MIR. Fish is keenly alive to the
advantage the Chief Justices hot, ill-adyised
advocacy OF English right Of Interpretation of
public law, and uncalled-for abuse of the
American agent, counsel and government has
given as, and reopens the question of
English ill feeling toward the United
States for the discussion of aggressive
writer's here and in Europe. Oceans of ink
will be spilled in the wordy contest, and yet
the question will remain as it was before, and
Mr.. Fish will have his rod in pickle. The
publication of this correspondence is timely,
for Mr.. Caleb Cushings hook on the
Washington Treaty has already proved the
occasion of a very serious battle for the
pedants of the press. Like Don Quixote they
are fighting windmill. Poor Caleb Cushing,
because he spoke his mind about Lord Chief
Justice Cockburn, is gravely slashed into
pieces by their pedantic battle axes, and every
body is expected to shed tears of sorrow since
''the Three Rules are likely to fail, as the
result Of the old lawyers bad temper and bad
taste. We cannot share in our neighbors'
griefs The personal difficulties of old
Cushing and old Cockburn do not seem to us
Of very much Importance If they want to
fight, we say let them fight. It is not our
business to interfere in good square set
to between these respectable old gentlemen.
If their chickering's involve the destruction Of
the Three Rules of the Washington Treaty
it will be all the better. Two great nations
are not likely to allow the personal animosities
Of men as great even as Caleb Cushing and
Sir Alexander Cockburn to affect their
international policy; but if the United States
and Great Britain can be controlled by mat
tiers SO trivial they are certainly unfit to recon-
mend rules of international law to other
Powers.
One Of our pedantic contemporaries which
are troubled about the fate of the Three Rules
thinks it will not depend entirely upon the
feelings and words Of Gushing and Cockburn,
but for the singularly undigniied reason that
there will be ample time for the British gov
eminent and the British people to learn that
Mr.. Cushing's book is only permanent
of hoI
FORE ought not to be Of any influence in the
decision to be made. Our contemporary con-
ception of what constitutes ''bad manners is
difficult to the ordinary understanding. Lord
Chief Justice Cockburn virtually abandoned
the Geneva Tribunal before its labors were
concluded, and only returned to file
reasons" which were a personal insult to
the American counsel in the case and to the
whole American people. Mr.. Cushing stig-
matizes this conduct as it deserved to be stig-
matized. He is fierce and bitter, even vim
dictive, but not unjust; and it is not s'bad
manners" in man who has cause of quarrel
with another to state the case with force and
clearness Unlike Sir Alexander Cockburn,
Mr. Cushing did not seek an official form for
his bitter words against the English arbitrator
and he was not pedantic or frivolous enough
to suppose that his opinions of this particular
Englishman would have any influence upon
the course of the treaty. Mr. Cushing more
than any other American, had framed the
treaty. For years he has been the power
behind every administration, and since
Pierce's day he has virtually directed the
foreign policy Of the United States. Buchanan,
Lincoln, johnson and Grant all had occa-
sion to consult him, and even Secretary
Seward, strong as he was in the
management of the State Department
paid great Difference to Cushing's judgment
and relied to great extent upon his knowledge
OF international law. Constantly dealing with
questions of the greatest magnitude while liv-
ing almost like hermit his hand was felt in
nearly every important public question, though
seldom seen by any except those brought into
immediate contact with him. No one knows
SO much about the Treaty of Washington and
American diplomacy generally as Caleb Cush-
ing, and the thrusts at the honor of the Amer
lean government and the American counsel at
Geneva which the Lord Chief Justice chose to
include among his reasons for dissenting
from the award could not fail to be keenly felt by
Mr. Cushing Bad manners, the charge which
our pedantic contemporaries bring against
Mr.. Cushing, is Mr. Cushings charge against
the Lord Chief Justice, though it is rendered
still more bitter by the imputation of mud
died intellect.
The manner in which Mr.. Gushing deals
with Lord Chief Justice Cockburn is amusing
even when he is most bitter. According to Mr..
Gushing, who certainly ought to know, Sir
Alexander employed the system called "cram-
ming in the preparation of his reasons, and