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Updated: May 31, 2025
By a triumph of tact he had just disposed of a rancid-tongued female who demanded her husband's boots, a satisfactory explanation, or the arbitrament of the lists, when the bell tinkled and the two watchers in the back room heard a nervous, cultivated voice say: "Is Mr. Fichtel here?" "That's me," said Bertram, landing an agonizing blow on his thumb-nail.
To those who believe, as I do, that a grievous wrong has been suffered, let me entreat that this arbitrament be abided in good faith, that no hindrance or delay be interposed to the execution of the law, but that by faithful adherence to its mandates, by honest efforts to revive the prostrate industries of the country, by obedience to the constituted authorities, we will show ourselves patriots rather than partisans in the hour of our country's misfortune."
Apparently disputes of large magnitude never reached the courts. And the legal standards enunciated by the courts were so entirely unrelated to the standards on which the actual commerce of the world was conducted, that resort was but little had to the arbitrament of the law of procedure in court.
The line between the two warring confederations of States was now definitely fixed, and it only remained to try the issue between them by the arbitrament of the sword. At first the odds might seem very heavy against the Confederacy, for its total white population was only about five and a half million, while the States arrayed against it mustered well over twenty million.
Happily the change was not left to be accomplished by physical force, as all such changes must be in purely despotic states; but the people fully believe that they chiefly owe the forced surrender to the alarm which their demonstrations excited lest they should bring the question ere long to that arbitrament.
You will outrage all sober folk that love order and at the very moment when you seek to lay down the sword you make it the sole arbitrament. Whatsay you to that?" "There is no need to speak of his death. What if the Court depose him only?" "You deceive yourself. Once put him on trial and you must go through with it to the end. A deposed king will be like a keg of gunpowder set by your hearth.
Of the points referred to, the most prominent are our claims upon France for spoliations upon our commerce; similar claims upon Spain, together with embarrassments in the commercial intercourse between the two countries which ought to be removed; the conclusion of the treaty of commerce and navigation with Mexico, which has been so long in suspense, as well as the final settlement of limits between ourselves and that Republic, and, finally, the arbitrament of the question between the United States and Great Britain in regard to the north-eastern boundary.
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.
The lower ranks have their quarrels, sir, and their points of honour, and their revenges, which they must bring, forsooth, to fatal arbitrament. But well, well! it will last my time let us have in this fellow, this Vanbeest Brown, and make an end of him at least for the present."
Their right, like that of their white fellow-citizens, dates back to the dread arbitrament of battle. Their bones whiten every stricken field of the Revolution; their feet tracked with blood the snows of Jersey; their toil built up every fortification south of the Potomac; they shared the famine and nakedness of Valley Forge and the pestilential horrors of the old Jersey prisonship.
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