The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1878-08-21


man.
.If an arbitration is to be adop-
ted, the tribunal ought to be fixed
in the bill itself, and not left to
change Or intrigue"
"If an arbitration is to be adop-
ted, the duty of the arbitrators to
Investigate and decide the case on
its merits should be made manda.
tory, and not left question of con-
struction."
with both the vital points left
at loose ends, you cannot succeed.
You cannot afford to concede. and
you can exact a. the selection of
good men to compose the tribunal.
which is the controlling point; and
o. the nature of the function to be
performed by the tribunal, which is
next in Importance.
Elk these two points-good
men; explicit powers-aud you
might possibly get through. Leave
them doubtful. and it is happy-go-
lucky--the shake of a dice-box."
The scheme which Mr.. Hewitt
had brought contained in its first
draft a provision by which six judges
we're to be described in the act, one
of them then to be eliminated by
lot. To this Mr.. Tilden's objection
was peremptOry. Said he:
81 may lose the Presidency but I
will not rattle for it,
He was pressed to say that if the
bill could be modified so as to fix
the five judges by positive pro-
vision, he would give it his approx
al, and it was urged that the at
tempt TO modify would fail unless il
were alleged that that would make
the bill acceptable to him. He firm
ly declined. Besides its risks and
impolicy, and besides all other OBJ
jections to it, the bill would still
have left open the function and duty
sof the tribunal itself, upon which af-
terward its own decision, mo evil
dence Of the very truth atiunde,) left
it's own existence a political solec-
ism. But the authors of the bill
had negotiated themselves into leav-
ing the powers of the tribunal to the
decision of the tribunal itself, as was
apparent in the Senate debate on its
passage.
TmDEN'S SIGNIFICANT ADVICE TO NE
GOTIATORs.
When Mr.. Hewitt pressed upon
Mr.. Tilden the difficulty laid in the
way OF the House to carry out any
indepent policy without the support
Of the DEMOCRATIC Senators, as
reason for advising acq1iescence,
neither argument nor persuation
could extort it. But he gave his in
terlocutor this significant counsel.
Of which the force will be apprecia-
ted best by those negotiators, who
in privacy aud haste accept the
main burden or working out an
agreement. and of making all the
sacrifices necessary to obtain agree
nent, and Of feeling necessity for
compromise, where every advantage
Of fact, law and right is wholly
.heirs. and sufficient power, and who
thus may be driven to surrender one
oy one, every advantage and every
condition of a just agree
nent. Said he:
IF you go into a conference with
your adversary and cant break off
because you feel you must agree to
you cannot negotiate at
all. Unless you are able to break
'ff, you are not fit to negotiate. You
will be beaten upon every detail"
HOW THE PRESIDENCY MIGHT HAVE
BEEN SAVED.
1t was obvious that Mr.. Tilden
vas of this opinion. that not only
/ fair constitution of the tribunal |
liked in the bill. but an express COM
nand to the tribunal to decide the |
'eal controversy, not sham issue.
night have been extorted had they
,een insisted upon as absolute CON-
litions Of agreement to the bin by
he Democratic Senators united with
he Democratic House of Represen-
atives. For, considering the small
majority in the Senate,
nough Republican Senators must
ave given way when the choice be-
anne imminent between making
uch equitable concessions IN meas
re of proposed compromise. and
peping a career Of usurpation to
heir radical leaders. involving them
elves. and invoking the employ
lent of military force. But after
be Democratic Senators began by
ividing themselves off from their
Ollegues in the House, CHE lawful
esidence of constitutional right and
ne actual fortress of Democratic
ower,) it was less probable that
ley would succeed in dividing hon.
1T or timid Republican Senators
ON their reckless and revolution