Evening journal., 1910-01-17
NEW NEWS OF YESTERDAY
InfaIlible Memory That
Saved Uncle Sam $3l, 100000
By nHoIIand.y


ored to convince an international arbi-
tration convention that It should be |
awarded ss1 900 900 damages against
the United States, for depredations
committed by our Indians in Mexico |
following the close of the Mexican |
war and the year 1853. But, so far as
have been able TO learn, there is no |
record anywhere of the fact that, even
when 1t seemed certain to many that
this government would have to pay |
the heavy damages asked, the Mexi- |
can claim was completely shattered
by as marvellous a feat of memory as
has been recorded.
This new light on an important
event in the history of world arbitra-
ton was given TO me some time since
by a distinguished lawyer who has
been prominent In American diplo-
macy. And when he told me the
story, he prefaced it with the remark
that he saw no reason now why he
should not tell It, leaving me to infer
that his lips had been sealed by the
man who performed the feat Of mem
ory after the latter's death.
The central figure in this drama Of
millions was Joseph Hubley Ashton,
who was one of the founders Of the
American Bar association. and who
died in Washington a few years ago
He was one of the great intellects of
the American bar. yet his career illus
trates the truth of the saying that
great lawyers often have no fame
Besides his marvellous mastery of
the fundamental principles OF law, Mr..
Ashton probably had the most extraor-
dinary memory of any American law
yer. mean by this his memory was
absolutely accurate. 1t was a phe-
nomenal storehouse of facts, dates,
names, events The courts needed no
verihcation ofFany statement that he
made. And Of the archives Of the
state department, where his work fire.
quently took him, Mr. Ashtons mem
ory was almost as good as an index.
This able lawyer was chosen our
governments agent when the Indian
claims were placed before a board Of
arbitration consisting OF two Amer
ican and two Mexican members, with
the British minister to this country,
Sir Edward Thornton. as umpire. Mr..
Ashton had opposed to him Gen.
Caleb Cushing, who had been our first
minister plenipotentiary to China, and
who for years had been looked upon
as the equal Of any great American
lawyer who could be named. At this
time he was at the height Of his world
wide reputation as a lawyer, a scholar,
and a diplomat who could talk fluent
ly in the language spoken at any Eu.
ropean court.
The understanding in inner circles
was that Gen. Cushing had advised
the Mexican government against
whom he had fought in 1865 thereby
winning his military title-that. I'M
der the treaty of 1881 and that ending
the Mexican war, in which each gov
ernment agreed to restrain the In
dians from making incursions of its
neighbor's territory, it would surely
recover the heavy damages asked.
That, too, was undoubtedly the view
of the matter taken by some of our
high government officials, whose only
hope was that the number Of millions
awarded to Mexico could be kept down
to a minimum.
Right here comes in Mr.. Ashton
with that wonderful memory Of his
As has already been remarked, he
frequently conducted researches in
the archives of the state department
which were not then kept handily mol
indexed, as now. Casting about for a
suitable defense to make before the
convention, he recalled that during
one OF his searches among the chaos
of state department papers no had
accidentally come across and casually
read some Official document in which
IL semed to him, as he recalled it
Mexico had waived her Indian claims
against this government, in consider
alton Of the fact that the United State,
had paid TO Mexico S10,0Oo,O0O fol
what is commonly known as the Gads
den purchase. BY this purchase made
in 1858, this country obtained terri
tory that now lies in Arizona and part
ly in New Mexico.
Hundreds, thousands OF papers
we're examined by Mr.. Ashton. Then
finally, there came a day when h
pulled some loose papers from a dirt,
envelope-his task was over. Fo
among these papers, whose very exist
ence had been forgotten by everybod,
except the man who accidentally STUN
bled upon, them long before wheI
about other business, and glanced cas-
ually over them, was found a not,
from Gen. Almonte, written when h,
was the Mexican minister at Washing
ton, in which It was officially state,
that in view of the terms Of the Gads
den purchase, Mexico waived al
claims for depredations committed b,
our Indians on her territory.
There remained just one thing Z,
do. When the convention met, wifi
Gen. Caleb and his client cocksure O
victory. Mr.. Ashton quietly produce,
the Mexican waiver. The brillian
Cushing and the Mexicans were utter
ly confounded; Sir Edward Thornton
as umpire. gave judgment for tn,
United States-an infallible memor,
had saved the country a fortune.
Copyright. 1909. by r. J. Edwards)