Year: 1872




[FIOM THB REGULAR CORRESPONDENT or THE TRrBusRI


LONDON, Sept 2G.-Sir Alexander Cockburn's
long statement Of Reasons for dissenting from the Ge
neva award would be thought surprising perform
ance II II had proceeded from anybody but Sir Alexander
Cockburn. To those who know him and who know Tor
what he famous Judge tcan hardly seem extraor-
6uary He is Lord ChieJustce Of the Queens Bench
and experience Judge has been great Throughout
the whole OF It be has enjoyed somewhat peculiar dis
tnctop Nobody denied his talents doubted his
fairness OF purpose. OF his learning In the technical
and exactng sense OF the English Bar there might be
some question: He is however, shining Illustration OF


that idea of learning which heard one OF the most
eminent living American lawyers express VIZ tha' tne
measure Of instruction essential TO great lawyer was
that measure which had imbued his mind with legal
views and ways OF looking at subjects, and which,
reinforced by special studies on each speeil case
best enabled him to invent ana state those arguments
which would bear on the OF jury OF Judge, ana
bring the other to think he thought and sec
as he saw He instanced Mr.. Webster as great lawyer
In that sense Sir Alexander COckburns is not MIND
of the massive character of Mr. Websters but he has
probably about the degree OF learning, and the
parallel By no fails because one was oil. and the
other on the bench Part OF Mr. Webster's force was


half judicial way in which he performed the oce OF
an advocate Part Of Sir Aexanders weakness is that
he remains as much OF advocate the bench as he
was when practcing barrister. He is the terror Of the
bar In every cause that comes before him he throws
himself with entire conviction side or the other
90 10 eNaotiy oh~"sA which aido ne may
happen cspouse, the anxiety OF both counsel Is the
same before the trial begins Once entered upon, there
remains but little for OF the counsel to do His lord
ship saves him great part Of his trouble, and his u-
Guence with the Jury is Of course very great Some
years ago had the pleasure 20 look on while sE Alex
ander presided the trial OF several actions at nS
prus on the Home Circuit. was struck with this pro-
pensty; all the more, perhaps, because well remem-
bered two judges in my own state-I mean
Observation-Disclosures had u similar habit On my asking
the distinguished lawyer under whose wing was what
the English bar thought Of that way Of trying cause,
he answered almost In the words have used above


All this naturally came back to inc with great dis
tncness on reading the paper published yesterday IN
supplement to The London Gazette, the official organ OF
the Governmennot OF this particular Ministry but OF
the Government as such. This supplement contains
the Judgment and award Of the Geneva Tribunal,
the opinions OF four Of it's members, and the rea-
sons Of the fifth for dissenting from the eonelu-
sions OF his colleagues OF the 3I2 pages thus occu-
pied Sir Alexander Cockburn's share fills nearly
sOO Ones first impression on reading It Is that sir
Alexander was dissatisfied with the way In
which the English Counsel had argued the
English Case and determined to argue 1t over again in
his own fashion. His own fashion is ingenious and
elaborate full of such learning bears upon the points
he discusses full Of clever SPECIAL pleading and smart
reparee and biting sreor upon the other counsel and
full OF eager defense Of the British Government on thoss
points which Sir ROundel Palmer thought it undgnied
TO discuss such charge Of studied unfriendness
and willful negligence. Nothing could be more complete
ms an argument the defense, and nothing more un-


like judicial decision or the judgment Of an Arbitrator
It brings out in snowy relief both those qualities OF
which spoke as belonging TO Sir Alexander on the
Bench. His integrity and sincere effort to be Just are
abundany vindicated by his decision against his own
country in the of the Alabama His parsanshp ana
his irresistible inclination to take sides find expression Id
the whole conception and framework Of the document


He is really and honestly unable to think OF himself as
an Arbitrator merely is the British Arbitrator Just
as to him Mr. Adams seems the American Arbitrator
and ust as Saempn is the Swiss Arbitrator ana SO
to Sir Alexanders mind proper subject for g1oes and
sarcasm as kind Of landlubber assuming o pass upon
nautical matters.


Sir Alexanders naive confession that he considers HIM
self as sitting on the Tribunal as in some sense the
representative OF Great Britain" annoys the English
They wanted judicial vndicaton, and 10! tneir Judge
comes down his bench and minges with the counsel
at the bar 1t is awkward, but Sir Alexanders haDt OF
taking part in the general fray on even terms is so
inyeterae that t does not occur TO hin TO disguise LIS
real character nor does he perceive that in his haste
the ermne has slipped of his shoulders. The English
counsel were thought have been oumaneuyeredin the
conduct OF the before the Tribunal To our original
Case they put in elaborate and full CounterCase'
while TO the English Case Gen. Gushing and hr EVafS



serving their strength for that statement OF points aud
evidence which the Treaty made final both sides. In
that statement they really had the last word for they
reioned TO the English CounterCase while Sir Rounde
Palmer was left by the American CounterCase IN paraI
Ignorance OF the positions which the American counsel
meant to rely on chiefly. Tho result was that WHO
both sides complied strictly with the provisions OF the
Treaty. had to all ntents and purposes the ast "oru
with the Tribunal. Gen. Cushing and Mr. Eyarts could
bov irnat ed that
traitors would make himself the British advocate, nor do


see how they could have ayerted his interp0stOn II
they had. Alexander has perhaps repaired with the
English public the mistakes OF the English COUNSEL but
1t is questionable whether the European public VIII be
fayorably impressed by line OF conduct so opposed to
common ideas Of judicial decorum'


Yet we owe some Acknowledgements to Sir Alexander,
for he has done US one two favOrs. His decision
against the Alabama dposes forever Of the stock de-
tense which 1t has the habit Of the English TO urge
Tho burden that has been long laid on poor Sir John
Harding is lifted It was not to his Illness and to the
consequent delay in getting legal opinion against
tho ship that the failure to detain the Alabama
WAS due Sir Alexander declares once for
all, and in the most distinct terms, that the
evidence laid before the Collector Of Customs
was complete as early the 221 .o Jay that the case
was too clear require the opinion OF law ocers thdt
tbere was no room for doubt that the Commissioners


Of Customs ought at once have seized the vessel and
that their failure seize her constituted want OF that
due diligence which the Governments was bound TO ex.
ercise and so fixed its liability. The omissions and
laches did not stop here but we are indebted to sir
Alexander COckbuIn for admitting that 1t began
here, and the admission is the utter c0ndenna-
tion OF tho English Government II goes further
than It's author meant, for anybody who


knows what the state of English feeling at the time was
knows that it was sympathy with the rebellion which
blinded the eyes and closed the ears of tho customs
authorities aud 1t is in fact the Lord ChiefJustce OF
England who at ast-unwilingly and unwittingy. per-
haps-sets the seal OF his sanction TO that charge oil
wifu negligence and studied unIriendness which was