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Updated: April 30, 2025
It will be hailed by the friends of freedom every-where as a return to a policy of national justice too long delayed. In behalf of the State I have the honor to represent, and upon whose soil this contest for a larger liberty and a nobler nationality was first submitted to the arbitrament of arms, I hail this measure with feelings of satisfaction and pride.
And since pride is thus rooted in conviction, it resembles every other form of knowledge in not being within our own arbitrament. Pride's worst foe, I mean its greatest obstacle, is vanity, which courts the applause of the world in order to gain the necessary foundation for a high opinion of one's own worth, whilst pride is based upon a pre-existing conviction of it.
On February 18 he was inaugurated, and in his address again referred to the "arbitrament of the sword." Immediately afterward he announced his cabinet as follows: Robert Toombs of Georgia, secretary of state. C.G. Memminger of South Carolina, secretary of the treasury. L.P. Walker of Alabama, secretary of war. S.R. Mallory of Florida, secretary of the navy.
For the present, all mutual jealousies, all the burning ambitions, all quarrels and hate, are submitted to the arbitrament of the sword. If Britain only wields her sword so well and honourably, as to gain unstinted victory, that will prove to be the firmest basis for future respect and enduring peace. "MAN TO MAN AND STEEL TO STEEL" Scott.
Neither production of these playful lawyers, clothed though they be in the garb of judicial procedure, is in the least likely to impress the lay mind with that sense of 'impartiality' or 'indifference' which is supposed to be an attribute of justice, or, indeed, with anything save the unfitness of the machinery of an action at law for the determination of any matter which invokes the canons of criticism and demands the arbitrament of a well-informed and lively taste.
To take a wide view of the question, he apprehends, that, in every fully constituted community, there are two coextensive and countervailing rights: the right of the existent de facto government to maintain itself by all legal and honorable means, and, if requisite, by the arbitrament of the sword; and the right of any section of the community to reorganize itself as it may see fit for its own interests, and to establish its independence by force of arms, should nothing else serve, the "sacred right of insurrection."
Sometimes the primacy was not decided without the arbitrament of arms. The Druids met at a fixed time of the year in a consecrated spot in the territory of the Carnutes, the district which was regarded as being in the centre of the whole of Gaul. This assembly of Druids formed a court for the decision of cases brought to them from everywhere around.
And then up would sheer a Custom-House cutter or a Revenue Pink, the skipper and his crew fierce in their Defence of the Laws of the Land, the Admiralty Droits, and their own twentieths; and from Hard blows with fists and spikes, matters would often come to the arbitrament of cutlasses and firearms; so that naval Engagements of a Miniature kind have often raged between the Deal Boatmen and the King's Officers.
If the Roman people continued selfish and apathetic, a leader might arise who would find the Italians a better support for his position than the Roman mob. If he did not arise or if he failed, the sole but certain arbitrament was that of the sword. The foreign activity of Rome during this period did not reflect the troubled spirit of the capital.
Near four hundred years ago, as your grace knoweth, there being ill blood betwixt John, King of England, and the King of France, it was decreed that two champions should fight together in the lists, and so settle the dispute by what is called the arbitrament of God.
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