The times. [volume] (Richmond, Va.) 1890-1903, 1893-09-03

1 flDnS can CODttnk W ItltT a ntdlf0 blNDhhT
| 20 arbitration. that they can agree upon,
and can establish. n tribunal thoroughly
competent 90 try the issues both from the
point OF view OF fairness and OF ability
| 10 understand the subtle points OF law In
| dispute II may be said without exagger-
alton that rot only was the claim OF the
Americans TO special rights over seals
swimming In the free and open water on
the high seas, on trial In Paris. but the
whole subject Of arbitration. II the de-
cision had been given against the natural
moment that one Of its members would
have been hopelessly damaged-not only
here. but throughout the world
1t IL without hesitation that we add
cur own unqualified endorsement to
what these two English newspapers gay
"Jngoists Blaine ami Harrison had drag
ged the United States into positions that
we're wholly untenable. under the code
Of international laws, from any stand
point whatever. If therefore the arbitra-
ton was 10 be OF any service 10 the hui
man race outside Of averting war be-
tween England and America. II was alb
solutely essential that those plain pro-
positions OF international law. which
England stood on, ard Messrs Blaine
and Harrison endeavored to set aside,
should DO absolutely and unQualinedly
maintained In their fullest integrity. NO
man can tell the value 10 the world Of
the simple fact that this has been done.
Il has inspired d degree of confidence IN
arbitration which nothing else whatever
could have aroused. and It's promise for
The future OF good TO mankind Is beyond
the p0wey Of human ken.
II IS interesting to quote In this connec-
ton what the Spectator has 10 say OF
the possibility Of 4 high man acting In
that character even when the interests
Of his own country are at stake. II says
Let us recall for O moment what 'he
enemies Of arbitration said when The ref
efence was agreed 70. and then examine
their view I'm the light Of events. In ihe
arst place. n was aad that arbitratlons
always 90 against England. and that
therefore It IS foolish for England 10
agree % arbitration.
Next II was alleged that. Whatever the
merits. The American Judges would sim
ply act as advocates on the Bench. Amor
ioaus, we arc told. are really patriotic
very different In this respect from Eng
hs} men-and still believe In the good old
maxim. MY country, right or wrong
They would therefore simply endorse The
American case. however absurd or eXag-
gerated II might be. Besides. even If the
American Judges wanted TO be fair, they
would not dare 20 be so. for II was well
understood that no man who voted &c
cOrding to his conscience and against his
countrys interests would ever dare TO
show his face in Washington again. He
would be flayed alive II he did. Next 1t
was freely declared that the foreign mem
bers of the Court would not attempt To
decide the case fairly. but would considT
which of the two States involved 1t would
pay best 70 support; or II not, would at
any rate let their verdict fan on the side
which would involve the acceptance OF
general principles which might prove IA
vOrablo TO the contentious Of the arbitrn-
ting power on some other occasion. In
other words, arbitration was pronounced
a sham and a delusion, and as necessarily
and inevitably injurious TO England. Al
the very best. IT was hut an ela0orate way
of giving up ones just rights at the de-
mand Of another power.
Let us see In the light OF these com
plants against arbitration what has ac-.
tually happened in the present case. In
the first place. the award has been given
in favor Of England. Next. the American
judges did not simply say ditto 10 their
advocates. Mr.. Justice Harlan for the
most part gave his vote on the side on
which Lord Hammer gave his. and joined
with the majority Of the court I'm virtu-
ally uphOlding the contentious put for
ward by England. II would be the height
OF bad taste to praise Mr.. Justice Har-
Ian for thus discharging a plain duty
honorably and well No one who knows
the character Of the great tribunal TO
which he belongs would suppose for a
moment that one Of its members would
decide point of law except as his con
science and honor directed him.
Rather Il must be a matter of envy that
It should have fallen to the lot Of Judge
Of the Supreme Court Of the United States
afAmerica, rather than 70 one Of our
own judges 70 prove 70 the world that
the judges Of the two braches OF the
Angio-Saxon race. when IL is their duty
TO do equal Justice, not between party and
party In a civil suit, but between two
great and sovereign nations, will do It
absolutely uninfiuenced by considerations
Of nationality. Mr.. Justice Harlan has
shown that he would no more lean to-
wards America when sitting on a Court
OF Arbitration than he would lean towards
the side OF his own STATE in case argued
before him in the Supreme Court at
Washington.
This is very handsome compliment
TO a very great Judge Of a very great
tribunal, and those who know his record
In that tribunal know that 1t is deserv-
ed.
Upon the whole the results to follow
from this arbitration promise such
give Blaine and Harrison their folly
in getting us into the scrape. which is
however, TO cost US a good round sum
In damages FOR the English vessels that
they seized.