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"I called his lordship's attention to your very judicious suggestion that the throwing of the dice for umpires might bring about opposite decisions in cases arising out of identical principles. He agreed entirely that no principle was established by the treaty, but that the throwing of dice or drawing of lots was not a new invention on that occasion, but a not uncommon method in arbitrations.
Then when the world becomes civilised, when weakness combines against strength, when men do not settle differences of feeling by combat and war, but by peaceable devices like votes and arbitrations, the intellect comes to the front, and strength of body falls into the background as a pleasant enough thing, a matter of amusement or health, and intellect becomes the dominant force.
Lansing had been connected with many international arbitrations which, theoretically, was a magnificent training for a future Secretary of State, and actually would have destroyed the creative and administrative usefulness of a much stronger man than Robert Lansing. In the whole mummery of international relations there is nothing more farcical than an international arbitration.
We should see an extraordinary activity in the employment of capital in England. There would be no law expenses, no prolonged fights, no juries, no arbitrations. Wastes, downs, heaths, bogs, would be rated very low. It would be in the power of Government to take up largely and at small cost large areas of Surrey heaths, etc., to provide air and recreation ground for an evergrowing metropolis.
If Quakers, however, should not find among Quakers such as they would choose to employ for these purposes, or such as may not possess skill in regard to the matter in dispute, they may apply to others out of the society, sooner than go to law. The following is a concise statement of the rules recommended by the society, in the case of arbitrations.
I only expressed the opinion that such an aleatory process seemed an unworthy method in arbitrations," etc. Mr. Fish, in his letter to Mr. Moran: Charles Sumner's Speech on the Johnson-Clarendon Treaty, April 13, 1869: "In the event of failure to agree, the arbitrator is determined 'by lot' out of two persons named by each side.
"I called his lordship's attention to your very judicious suggestion that the throwing of the dice for umpires might bring about opposite decisions in cases arising out of identical principles. He agreed entirely that no principle was established by the treaty, but that the throwing of dice or drawing of lots was not a new invention on that occasion, but a not uncommon method in arbitrations.
"All the congresses of both hemispheres may vote against war, and against dueling too, but above all arbitrations, conventions, and legislations there will always be the personal honor of individual men, which has always demanded dueling, and the interests of nations, which will always demand war.
The English and Australian experience seems to prove that. To quote Justice Higgins of the Commonwealth Court of Australia, "The system of arbitrations adopted by the act is based on unionism. Indeed, without unions, it is hard to conceive how arbitration could be worked."
He answered in the affirmative; and added, that they contained minute details of the births, deaths, marriages, accidents, state of the weather and crops, arbitrations, public festivals, inventions, original poetry, and prose compositions.
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