The record-union., 1897-12-01

mated il at from sixteen TO twenty
! English miles, and the other that ne
could see the peak of a mountain. but
could not see the shore So Captain
Carpenter was set free, and with mis-
officers went back 10 the ship. But the
whaling months had passed. and all
hands were forced to put back to sgd
ney When they arrived and their
story got abroad there arose great re-
sentiment in Australia at the treatment
J accorded the crew of a British ship.
/ and the Government of New South
Wales was called upon to take immedi-
ate action. \ select committee was ap-
| pointed, took evidence and quickly
came to the conclusion that the indig-
mites and loss suffered by Captain Car
/ penter. the crew and the owners of the
ship called for compensation.
The evidence was forwarded 10 the
Foreign Office, and George NJ. Light.
Solicitor in London for New South
Wales. instructed to give his best as
| sistance. that the case should be put
through to successful issue in as
short time as possible The Foreign Of
flee took the matter in hand, and on the
| advice of the law officers, who seemed
to be under the impression that the
crew and owners had no case, sug-
gested 10 the Dutch Government that
t2.500 should be paid TO the Captain for
injury done, and that no claim should
be put forward for the crew and own
ers. When this intelligence reached
| Australia il raised a storm of indigna-
| ton. and, most fortunately for the
| Home Government, as, too. for al
hands concerned at the same time. as
the furore ran through New South
| Wales, the Net heriands refused to pay
the compensation. So the Foreign Of
flee was able to revise its plan of cam
paign, and submitted claims on behalf
Of Captain, crew and owners. The EN-
peror Of Russia was invited to appoint
an arbitrator and. as has been told
Professor f. de Martens. the eminent
jurist came upon the scene.
The arbitrator is a man of about
60 years of age of middle hight, with
| short sray mustache. high brow. and
kindly but judicial disposition He
speaks English as fluently as though
the language was his mother tongue.
and he is polite and considerate To
degree. In regard to his personal ap-
pearance, il may be said that his is
not at all what would be called a typi-
cal Russian face or figure; he is not
heavy browed, fierce and alert of ex-
preston. or rugged of body or manners.
He is a hard and patient worker, goes
| carefully into every detail of the case
until he has thoroughly mastered each
particular, after which he appears To
take 4 sweeping and broad view of the
whole situation, and using the utmost
impartiality, delivers his awards.
Under the provisions of the conven-
tion between Great Britain and the
Netherlands. evidence in the Costa
Rica packet case was submitted in
writing, and the arbitrator given per
mission to call in commercial experts
to assist him in assessing damages
Last December Professor de Martens
called for experts, and David Bruce.
merchant and shipowner. of London
and Dundee, one of the few remaining
owners of whaling vessels, represented
England, and DR.. Rahusen, the Neither
lands. In January of this year arbi-
traitor and experts met in Brussels. and
the following month Professor de Mar
tens made his award. When the fig
ures We're announced the Dutch Gov
fusal to settle for t., 800 The arbitra-
tor awarded Captain Carpenter f3. .15O.
the officers and crew of the Costa Rica
tt, 800 and the owners IS 800. each sum
with interest at , per cent from No
vember ,. 1891. till the end of the case
in 1897. \ reasonable amount was also
awarded for expenses. The English
counsel in this most successful arbi-
fro. ~
w. .. Danckwerts
During the course of the investiga-
tion into the pros and cons of the case
discovery was made which, until the
very end of the arbitration and the de-
livery of the award, threatened serious
complications. 1t suddenly transpired
that Captain Carpenter was by birth a
citizen of the United States of Amer
lea. True, something like two years
before his astonishing arrest and trial
took place he had taken out naturaH-
zation papers in the Straits Settlements.
but whether that entitled the British
Government to claim from the Neither
lands. or whether the claim should have
come from the American Government.
was ticklish question under the cir
cumstances. The London counsel care
ANii' NOi9AoeiCu lHe point, ana We're
quite prepared to argue that the right
OF claim lay with the Government of
Great Britain, although maybe they
We're not so sure that they could sub
stant1ate the claim. But whatever
might have been the outcome of a most
interesting argument of an interna-
tlonal question. the point was not raised
py the Netherlands Government.
Wherner the Dutch authorities were
aware at the time of the case that Can
tam carpenter was by birth an Ameri
can, or whether it was that thev did
not care to contest the point. is not
known-Pall Mall Gazette.
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