Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1876-04-01

and officers of our Navy visited European
capital, and they were there loaded with pres
ents because Of such Visit, which presents
were perm itted to come into the country duty
free. OF wherea lieutenant of the army under the
direct order OF the Secretary OF War performs
the ministerial duty Of inspecting military
stores PURCHASED by foreign prince, 1t Is
perfect farce 10 dignity gifts l0r such services by
invoking the constitutional power OF Congress
To exempt them from The general prohibition
Of the Constitution.
In looking at the more recent OF these cases
which have Teen brought before Congress, we
are struck with two features which distinguish
some of them at least from those OF former
period Of our history. These are that the
acts for which these presents are bestowed are
utterly destitute of any rare or extraordinary
merit. Again, there is a growing habit vi
comforting upon our officials those decorations
and insignia OF foreign orders which are as
countenauced by our republican system and
belong almost exclusively to the aristocratic
institutions of the Old World. Not less than
ten of these foreign decorations have with the
consent of Congress been conferred upon OH
GERS of the United States since the late war,
and several are now pending before Congress.
But, to come to the particular joint reSOlu-
ton which is now before Us for concurrence or
rejection, what is the act? What is the SER
vice which is now sought to be mace an ex-
emption from the general constitutional prVhl-
btion
Some British subjects had large pecuniary
claims against the Colombian government
These claims were controverted by that go
1 IN, 1rhifrutipn MIR
Scruggs, our minister resident, being selected
by the British claimants as one OF the arbltra-
tors. Who was selected by the Colombian
government does not appear from any oil the
papers An award was made adjndSlng
large amount due to these British claimants.
This result was Of course satisfactory to them,
and by consequence to the British government.
We have no means of knowing from any OF
the papers before us how lar it was satlsiacto-
nv to the Colombian government. Possibly it
may think very uukindly Of the award. The
British government now asks our consent to
confer upon one Of these arbihAtors present
for the judicial service rendered in making an
award 10 favor of her subjects. We do not
learn that this liborality has been alike extend
cd 10 the Colombian arbitrator, nor that the
present designed for the British arbitrator
.necls with TIC concurrence OF the Colombian
government
Now. sir, what is an arbitrator? He is a
Judge voluntarily selected by tie parties to
controversy. His functions are Judicial. lie
determines IN pals upon the rights OF the par
ties Just as a Judge would or should do II the
case were before him in court. The law pro-
tccts him from all the temptations TO improp-
or influence as fully as it does that Of Judge
in court There is not, am sure, member
of this body who would not revolt at the idea
ola present mnde TO Judge by one OF tie par
ties pending controversy, or 10y one ol the
parties, aud especially the prevailing party,
after the decision was rendered. The present
c,ay be a snail one but that does not change
the principle or tho law of the case. To re-
tain IN the public mind full confidence in the
purity aud impartidity of Judicial officer,
there should be 10 presents rendered or re-
ceived, whether before or after judicial decl-
sion. Aud for one will never consent to give
the high sanction Of our legislation in support
Of any such practice.
1t is well-rccoguizcd principle of both En-
glish and American law that the smallest gra-
Unity, even a contribution 10y one OF the par
ties to the necessary expenses of an arbitrator
would vtiate the award and set It aside. Up
on grounds like these an award was set aside
by Lord Chancellor Ilardwickc more than
century ago. HE words upon that occasion are
worthy Of being quoted. He says;
When arbitrators, let their character be other
wise never so uneXceptionable, take money OF one
of the parties singy whether for expenses or any
,t,s, h,f ma Liuu fhe aWaIQ-as this u
matter OF 50 tender nature that even the appear
anc of evil i. 10 be avoided and this practice may
be of dangerous cxample-it Is sufficient cause TO
set aside The award for, if this should be suier-
cd, it will be hard to distinguish what Is corrup-
ton.
It is true tie doctrine here announced by this
distinguished jurist only applies to some eX-
peuses paid to the arbitrator before the award,
and perhaps this is all that the law in its i'm
perfection can reach but common sense teach
cs us that the expectation of reward may eXer-
else an influence on the mind almost as fully
as a reward actually given and we. who are
tied down by none of the technicaIltles OF the
courts, aud must take an enlarged view OF the
motives which influence human action, if we
/ believe that the practice of making presents
subsequent to an award may by any possihi!l-
~ influence the d cisiJn in favor Of the parry
most likely to make such presents, then we are
bou to lscountenaucc a practice which, IN
/ the language Of Lord llardwicke, " Is OF evil
example" aud may tend to corruption.
Mr. Speaker, as these applications Tor au-
/ thority to accept presents from foreign states
are rapidly multiplying, and as have never
seen in any commentary upon our Constitution
or in any debate in Congress any explanation
Of the Just limits Of this power, think II Is
time that we should reach some definite rules
to govern us in The exercise Of tie functions
dcvolvel upon us by the Constitution. 1t Is
obvious shat the enlightened trainers of that
instrument thought it improper. rs a general
practice. to permit an officer of this Govern
meut 70 accept from any king, prince, or Tor
eign state any present or title OF any KIND
whatever But they foresaw that cases might
occur in which such presents might be accept
ed with propyiety, and they consequently YES
ted in Congress the authority 10 determine
when such exception should be made 10 the
general prohibition. This devolves upon Con
greSs not only the right, bnt the duty, of dis
elimination in all such cases; and while
would not undertake to decide for others, |
have fully made up my mind that will not by
my vote further sanction this legislation, nm
ess the case comes fully up to two essential
conditions.
First. The act performed or service render
ed for which this high distinction is asked
should he of a character TO be worthy Of ma
tioual acknowledgment. It is not a right de-
maudcd Of Congress, but distinction aud a