New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-11-18

treaty appears TO Her Matestys Government mor na.
ura and more respectful to the Joint High commission
than assumption that, having resolved ~ esNo o
particular case to mode OF arplttauom ~, d.cision
they carefully nbstHned from the use OF any worus w
indicate the unusual resolution they had formed.
n further appears TO Her Mciestys Government ihat
n distinct ntmation OF the meaning OF the JONI
High Commission In respect TO the nsnery awatus ~
found in the composition OF the tribunal when 1hev
adopted This constitution Is consistent WIN Tue nen
ton that the majority shond decide II Is NOT conss
with the supposed intention that the dissent OF 0oe com
missioner should proven; any decision from hrlhs ~
nouuccd The twentythrd article OF the treaty Has nc
the following provision for the CONSTITUTION VI 'n' "
bunai: ~ , -, ,rr.d IN IN the
preceding article shall he appointed IN tbe io'oNI'i
manner that is 10 say, one commissions, sia u ~
United states and third by Her BrltanDic Majesty hu
tne President OF the Uuited states jointly anu w e
within period of three months from toe date when ths
article snail take effect. then the tara cOn.nl'SiuHT
sl1u ne named ny the representative ~ Lohuuh
OF Ills Majesty. the Emperor OF Austria ana
King Hungary. In case OF the deaih aoSthes or ~
caracily of any commissioner or IN the event OF any
commissioner emitting ccasng 20 act. the Vacaucy
shall De filed f. the manner hcrelhUeloIr W NJ
making the original appointment the PERIOD OF mr.
months in ease OF such substitution being calculate
from The date OF he happening of the vacancy. IHc
commissioners so named shall meet IN the CIV OF Han
lax in the Province Of Nova Scotia, at The c'rlrs con
ycnicnt cro after they have been respectively named
and shall before proceeding any business, make ana
subscribe solemn declaration that they VIII impair
tia and carefully examine aud decide the matters re-
f.rrtd 10 them 10 the best of their judgment ana
according justice and equity ana such Gee ar!l!"p
soa Ice emf, red on the record OF Their proceedings
Eacl OF the high contracting parties shall also name
oe D. rson to attend the commission its agent TO rep
resent II generally in all matters connected win ho
Th,s is the ordinary form of arbitration IN which
,acu 4 e ,hooses an arbitrator: An umpire Is chosen
by an Indifferent party 10 decide between thc lWo. ~
anpotucu OF me umpire Of no utility, tnc p'ccIu-
lions for curing this imDartaiity are unurFhlu ~
adverse yot, II one OF ne arbtTaOrs may deprive lS
decision OF I'll? force and eli Ct I'D ordinary Ih ouS,
the l,rlsiun OF a BODY of members means decision
come 10 bv a majority Of voices In inc com
aud understanding 81 anEllsG iliI J.; th.
Interpretation which usg tsefto every reader wien
IL stated That numbcr OF men have expressed an
opinion arrived al a dcterminauon; lhe I,qnle-
ouv be conveyed nv an cxOlIc statement There are.
OF coure WcihnoWn eAceP,,ons a. III ,r 81 ccjd
hyJuy in! IN such cases ne i ~ Nv c
INK body is ddmrt ICaly opposed 10 tha adopted III wv
G. 81 OF he Fishery CUmmiSS on. Instead OF provision
that two-inirds hl be named by the prizes 10 the
suit. the WU>t elaborate cautious are lthth tudV tho
whole body shall he unbiased.
UNANIMITY NEVER CONTEMPLATED.
II is evident that when unanmity IS To be required
when any oae member Of the deciding body Is to have
tie power OF multiplying all the proceedings and prevent
ing a decision such arrangement Will only De ehdui
able on the condition that each member shall DC CHOSEN
80 as TO he as tar as possible free from any inclination
=, vcrciso thar roer on one side rather than the
other. II fury constituted on the prhcIpe that
the plant n should choose Onehrd OF ana me &C
I ,noe thsu,s.ivcs 10 The cost Of an action
at law Had it been known five years ago lhat an
award wou.d bc prevented by the dissent or one OF
the members of arbitration constituted OF the same
principle. tuOug! DO not venture to conjecture "m3
have ben, feel confdout that England would have
drcIn ID to enter upon 81 unfrnitful litigation.
Her MsjpSty's Government may appeal 10 a cogtIlt
proof tat accepting jis arbitration thty uld MOI con
template that the award likely to be prevented ny
the requirement of Immunity. Believing IN asreelntnt
with the majority of the commission that tbcA We 10
couiain,d IN Articles Nos. IS, 10 aud 81 o. the
treay they have nevertheless for five years allowed
those concessions 10 come into free, trusting 10 tie
com reusatlon which the commission TOnd give 10
them That they have done 50 Is sufficient proof that
they did not anticipate construction on me treaty
winch would make The delivery OF an award almost I'M
possible. A Sau tDe property has actually passed no
lie enjoyment OF Others, and cannot be recalled rae
price 10 he paid for To be determined later ny
iribuna agreed upon between the parties Is II con,
ccysbc that should have deliberately constituted
atriDunal for this purpose IN when decision couu p
Who'll prevented by the dissent OF IneinprT nominated
by thu PARTY to whom the property had passed
Rciprocating cordially the courteous ana friendly
sentiments by which Mr. EvarS's language Is inspired
Her Majcsty's Government feel confident tnat the
United states Government will not, upon reflection see
in the considerations winch have been ADVANCED any
sufficient reason for treating nny the decision 10
which the majority Of the Commission have arrived
lRv,, etc, oALlsBIki'
JoHS WELSH esq, etc, etc. etc.