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Updated: May 2, 2025
The moral character of the European nations would have been rapidly and deeply corrupted; for in all countries those men whose calling is to put their lives in jeopardy for the defence of the public weal enjoy high consideration, and are considered as the best arbitrators on points of honor and manly bearing.
In case of arbitration, the matter or matters at issue shall be referred to three arbitrators, one of the three to be selected by each of the parties to the dispute, when there are but two such parties, and the third by the two thus selected.
But they walked scornfully around the magnificent cattle, and disparaging what they coveted, offered the worth of a pigeon for a ram, or the price of a pomegranate for three goats. The Eaters of Uncleanness came forward as arbitrators, and declared that they were being duped. Then they drew their swords with threats to slay.
As it was considered in Ireland, as well as across the Channel, that a good dinner enjoyed by sensible people produces good feeling and good fellowship, it was agreed by the contending parties that they should invite the twelve arbitrators and lay the matter of the supposed loss of the Ouzel Galley before them on that occasion.
Gall, has given the following graphic picture of the event. It is here told in his own words: "Now, at the request of the Five Cantons, it was appointed, that, on the next Monday, a committee should come over from their camp into ours, in order to interrogate each other as well as the friendly arbitrators. So a high scaffolding was raised upon barrels in the field before Cappel.
If, for instance, the proprietor orders that, in the case of a dispute between him and another party, the manager is to call in arbitrators to decide on certain points in a dispute, the manager would have no right to put other points connected with the dispute to the decision of the arbitrators, because he, the manager, might think it would be of advantage to his principal to do so, or for any other reason whatsoever.
"The question in which a certain number of ourselves are to become arbitrators is briefly this: Are we to act on this occasion like partisans, straining every nerve for the advantage of our several parties? or are we to act like free men, exerting our united forces in one harmonious body for the immediate good of the whole country?
Hence, when arbitrators are chosen to set a valuation on party walls, they do not value them at what they cost to build, but look up the written contract in each case and then, after deducting from the cost one eightieth for each year that the wall has been standing, decide that the remainder is the sum to be paid. They thus in effect pronounce that such walls cannot last more than eighty years.
The clergy were then the close friends of their parishioners; their counselors in all matters, spiritual or worldly; and frequently their arbitrators in disputed rights, for the legal class was still small, and its services costly. The pastor knew intimately every soul in his parish. He was the State's moral guardian.
The northeastern fisheries question, revived by a conflict between Newfoundland and the United States as to treaty privileges, was referred to the Hague Court in 1909. The verdict of the arbitrators recognized a measure of right in the contentions of both sides. A detailed settlement was prescribed which was accepted without demur in the United States, Newfoundland, and Canada alike.
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