The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-01-15

1 NaA 9aAN III ~ 6SNaN f. NAAAAA
while EnRiishmen we're bound 10 as
sumo that the nominees under the treaty
would be trustworthy and honorable. Il
must be ut the same time borne in mind
that they could not enter without n certain
degree OF bias upon the consideration OF
great public questions. I'VE and the United
States are the two great maritime powers
OF the world; wo cannot possibly find as arbi-
traitors any power like ourselves. In one re-
spect that may tend TO impartiallty OF decision
but. in other respects. there may DO a riak OF
encounterinE q current OF opinion different
from that which has prevailed between the two
countries which are parties to the arbitration,
and. possibly, there may be an unconscious
bias OF political interests arising from the point
Of Wow from which the powers called in to arbi-
trate may naturally regard similar questions"
What Is true OF sovereigns. or OF Ministers ad-
visinR them. may be equally true OF diplomat
lists or jurists nominated by sovereigns or
rulers OF States. II any such unconscious bias
should prove TO exist at Geneva. Lord Selborne
predicted that it's bearing would not be favor
able to Great Britain. A Brazilian arbitrator.
for instance. might be excused II he thought
that. on moro than one occasion. Englishmen
had asserted against his country In n per-
emptory way very high doctrines OF inter-
national obligations so that they ought not to
complain IL like measures wore now dealt out
to them. Again. the proximity Of his country
to the United States might make the good will
of those States a matter OF greater Importance
to Brazil than would be the good will OF Eng
land. Then. too. a Swiss. the citizen OF a coun-
try which. being without q seaboard. would
never have to play the part Of a neutralin a mari
time war. might lay down the most extreme
doctrines as to the obligations OF maritime neu-
trality without hazard under any circumstances
to his W nation. Not u~nnaturally. also. a Swiss
might feelthat sympathy with the great federal
republic OF the West which would be likely to
arise from his attachment to similar political
institutions. Upon the italian arbitrator such
influences might not operate. but Lord Sell
borne did not overlook the fact that some mod
ern jurists who had gone beyond others in the
lengths to which they had carried the obliga-
tions OF neutrality were Italian. and q living
italian jurist. Pierantoni. had published an
opinion upon the questions to be determined.
favorable to the United States. not In other re-
spects only. but even as to the indirect claims.
II.
What in these respects was deemed prob
able a priori did. to some extent, happen.
Viscount dItajuba. the fairest man OF the
three. entered upon the arbitration as II there
were no serious questions except as to the
amount which Great Britain ought to pay. and
this. he thought, the Englishmen need not
much care about. "Vous etes riches. tres
riches" he said. He went with Mr.. Charles
Francis Adams. the American arbitrator. at
the outset. until. by adding the claims in re-
spect to the Florida to those in respect to the
Alabama. a substantial amount Of damages
had been arrived at. There he stopped. AS to |
the effect Of coaling In British ports. and as to |
the absence OF any sufficient ground for hold |
Ing England responsible for any of the acts OF |
the Shenandoah. he agreed with Sir Alexan-
der Cockburn. the British member OF the
Board Of Arbitration. II the yiscount's |
opinion on those points had prevailed. Eng |
land would have had to pay less by one-fourth |
than she did. In holding that all ships Of the
class to which the Alabama and the Florida be- |
ought to have been excluded from
British ports. he was probably influenced by q |
regulation OF the Brazilian empire to that
effect. a regulation to which he referred in one |
OF his speeches. We are told that he observed
much more than did the other arbitrators the |
rule that a Judge who Is not a lawyer should
give as few reasons as possible for his opinion.
M. Staempfi. the Swiss arbitrator. went inva-
riably with Mr.. Adams when Mr.. Adams went
against Great Britain. On some points he went
further than Mr.. Adams himself. He would
have held England responsible for dHthe acts Of
the Shenandoah. and not merely for those sub
W . OuIdlnlnR COdi ana men at Mel |
and. also. for the value OF the Sumter
her armament. on the ground that she had
a long time at Gibraltar. and had
been there disarmed and sold; though the
sumter was a purely American vessel, neither
built. nor equipped. nor armed, nor augmented /
IN force. within British Jurisdiction. He pro-
posed. too. after every material question had
been thoroughly threshed out. that Great
Britain should be condemned to ray S2O,-
100000: four millions and a half more
han was. In fact. awarded. According to
Lord Selborne. he approached every question
With a strong animus in favor of the American
new. AS for Count Sclopis. 1t is asserted by
'ur author that he permitted himself to adopt,
over and over again. the phraseology of the
documents. In which all the Confed-
rate cruisers were spoken Of as "privateers."
md that he turned to the prejudice OF Great
Britain the conciliatory words which had, on
'arious occasions. been uttered by Lord Rus
ell. Lord Granville. Mr.. Gladstone and others.
OF Charles Francis Adams. the American
our author writes that he was "a
hrewd. sagacious man. with perfect command
4 a temper naturally warm; not loquacious;
his own counsel: too honorable to go
engths repugnant to his sense OF fair dealing,
ven for his country but too much identified
rom the first with the diplomatic presentation
nd advocacy OF its claims to make it possible
hat he could examine them with a dispassion-
to mind. The part which he took In getting rid
4 the indirect claims was not less polite than
/ have no doubt that he thereby
aimed an influence with the three independent
which his address and GOODNESS
fterward increased" The fact Is mentioned
hat Mr.. Adams was not. like Sir Alexander
'ockburn 1.-THE British arbitrator. at home in
he French language. But Lord Granville. who
that this would give the Chief JUS
ce an advantage over him. was mistaken.
Sir Alexander was pouring eloquent
rcnch into the ears OF his colleagues Mr..
was studying the temper of their minds,
The reserved and self-controlled man who
and husbanded HIS opportunities was.
!, this business. moro than a match for the
rtlliant. excitable man. conscious Of intel
superiority. and at no pains to conceal
hat he felt" Lord Selborne deems IL prob
BILE. indeed. that from the moment when the
,direct claims were disposed OF there was a
redisposition on the part OF the independent
to make compensation In some way
, the Americans for that failure. II that was
n Mr. Adama understood hnyu - -