New-York tribune., 1909-03-28
1TNrxARIEs OF THE LAW AND OF d.
PLOIACY.

PLOMACY.
London, March II
name still remembered in Massachusetts, Is
.be+ Of Judge Thomas Of the Supreme Court,
.bs court of highest jurisdiction in that state,
am one of the few state courts whose decisions
tazze always been cited with respect in the Su-
-ren,e Court Of the United States. II was re-
s-,,i.ad largely from the Suffolk Bar. The Bos-
=, Par was known as the Suffolk Bar. the name
=. the county. But Of course other parts Of the
state supplied judges, and Worcester County
v-ss one. Judge Thomas lived and practised law
., the town Of Worcester. He practised politics
,lsa Of a very energetic kind; being good plat
FORM speaker and good organizer. There used
+o he a story that one morning, in the heat Of an
exciting campaign, Thomas knelt at family
rravers and began his invocation to the Al
-,isbtv: "FeIow-citizens and Wings Of Worces-
Ter County"
However that may be, he was a successful
LAWYER. g successful judge, and had attractive
qualities not always TO be found at the bar
iii fell vou in a moment in what way he con-
meets himself permanently with national and
International history. I came to know about II
because il was before Judge Thomas that
tried al nisi prius, and lost my first case in the
Supreme Court. When the jury had delivered
their wrongful verdict and been sent about
their business Judge Thomas called me up and
spoke 10 me with a kindness have never for
gotten He thought I had tried my case well,
told ne should 90 well at the bar. and offered.
very generously. 10 help me If he could After
time he resigned his seat the Bench and
went into practice IN Boston little later,
called on him and asked whether he had room
for a junior in his Office. There would have
been room if you had applied earlier said Judge
Thomas But have just been told by my
daughter that she has engaged herself TO
young lawyer. and he is to have the place I
should otherwise have been glad TO offer you"
The name OF that young lawyer was Richard
Oiney- Il fell 20 my lot 70 something OF
him il Washington forty years later, when he
was Secretary Of State under President CIeve-
land. I saw him for some weeks, during the
height Of the Venezuela crisis. almost daily.
Whether shall ever be allowed TO tell the whole
story Of what went on during those weeks, do
not know If were Mr. Olney. I would give
ny assent TO the publishing Of g complete state
rent- I say that because. in my judgment, we
owe i 10 Mr.. Olney-and among Americans 10
him only-that q way out Of the difficulty IN
which President Cleveland's message had landed
Us vas ultimately found. I know how il was
found. and except Mr.. Olney himself I don't
think any other American knows. I am aware
OF the explanations which Mr.. Cleveland pub
Ished in The Century Magazine" and I think
them models Of unintentional disingenuousness.
said and done on this side in England. in the
Foreign Office and elsewhere during those dan
gerous weeks: and know why the settlement
was postponed I'll next summer; when the
American people. at white heat during Deem
Der, 1885. and January, 1896, had cooled of and
forgotten there was any crisis at all
But if I never have a chance Of saying more.
I wish 10 say now that Mr.. Olney did great
service TO his country; and TO both countries:
one Of the greatest ever done by any man in
MS position. or in almost any position. think
Nr- Cleveland became aware that he had acted
-ashIy and with no full knowledge of the history
Of that boundary line between British Guiana
and Venezuela which he announced to the world
his intention 70 redraw 10 suit himself: with
menace Of war 10 Great Britain. don't forget
Mr. Olney's share in the dispatch Of July. 1898;
which began the trouble. He and NJ. Cleveland
coroocted that extraordinary document between
them al Cray Gables. I suppose he knew also
Of Nj Cleveland's message 70 Congress, De-
cember y, and perhaps approved Of it,-indeed,
he must have approved Of IL or resigned He
must also have been responsible for the second
dispatch calling upon Lord Salisbury TO send an
answer 70 the July dispatch before the meeting
ot Congress in December-a demand perhaps un-
pre-edented as between two powers OF the first
rank. I know, too, that some Of Mr.. Olney's
language gave offence. Lord Salisbury thought
him rude.-an impression due mainly TO the diff
ferent uses made OF the English language in
Washington and in London; and 20 the nom
existence in Washington, at that time, Of that
diplomatic freemasonry. in both speech and act,
and OF those diplomatic conventionalites which
prevail in other important capitals OF the world
All that-and there IL more-only emphasizes
the deicacy with which Mr.. Olney subsequently
handled the dispute which Mr.. Cleveland had
erveror1ed. A new rerfod n ueRoGattona
began I shall venture 70 say, even though Mr..
Olney. out OF loyalty TO his President might re-
fuse to admit IT, that with the New Year OF
1896 the conduct OF the negotiations passed into
his hands. That he reported to the President
what vas going OF, don't doubt. But new
spirit prevailed. The tone which had been SO
offensive IN the original dispatch. and still more
IN the message 70 Congress. dropped. Mr..
Olney had q wonderful fexibiity of mind
When he saw that ons set OF tactics had failed
he was quick TO Try another. and not only to try
another. but 70 recognize the need Of a wholly
new departure. He was equally quick In irrven-
ton, IN devising expedients. in looking at facts
with fresh pair Of eyes. A trained diplonnatist
he was not, but in this emergency he showed
the qualities Of a trained diplornatist:-ths re-
source, the tact. the fertility. and the power OF
oivtning what WIS in his adversary's mind
Lord Salisbury's not an easy mind to
divine He had the gift Of silence and TO q still
more remarkable degree, the gift Of enveIoping
his thought IN that language Of diplomacy
which, as I said, not at that time q Ian
suaee very well understood IN America. But
slr- oney guessed pretty accurately at Lord
0~4isOurgs purpose, and they carried on their
1cnange OF views without very great friction
me ucth is. both were bent on finding a solu-
4"e point in which Lord Salisbury had