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Updated: June 16, 2025
In the case of a boundary controversy between Costa Rica and Nicaragua, President Cleveland appointed an arbitrator; Argentina and Brazil presented a similar problem which received the attention of Presidents Harrison and Cleveland. It fell to James. G. Blaine to revive the idea of a Pan-American conference which had been first conceived by Adams and Clay.
To escape war the Federalists convened the constitutional convention, and by so doing pledged themselves to arbitration. But if their plan of consolidation were to succeed, it was plain that the arbitrator must arbitrate in their favor, for if he arbitrated as Mr.
The Emperor Napoleon, resolved on robbing the house of Bourbon of a throne which had become suspected by him, had asked from Champagny an explanatory memoir, and took care to pose as an arbitrator between King Charles IV. and his son, in order to cover his perfidy with a mantle of distributive justice.
After making the common observation that single inconsistent acts do not destroy a character for justice or injustice, he has this: 'That which gives to human actions the relish of justice, is a certain nobleness or gallantness of courage rarely found, by which a man scorns to be beholden for the contentment of his life to fraud, or breach of promise. Then he shows the difference between injustice, injury, and damage; asserts that nothing done to a mail with his consent can be injury; and, rejecting the common mode of distinguishing between commutative and distributive justice, calls the first the justice of a contractor, and the other an improper name for just distribution, or the justice of an arbitrator, i.e., the act of defining what is just equivalent to equity, which is itself a law of nature.
It is a fact which is self-evident to observers on the spot that ever since the coup of the Twenty-one Demands, many Japanese believe that their country has succeeded in almost completely infeodating China and has became the sovereign arbitrator of all quarrels, as well as the pacificator of the Eastern World.
Edward John was, I think, a little amused. Much older than I he had long since passed through these youthful phases. I issued my award, with the usual result that while each party was fairly well pleased neither was altogether satisfied. I was proud of my debut as an arbitrator, especially as it was rewarded by, what seemed to me then, a very handsome fee.
Nor was any private man allowed to be the judge or arbitrator in any suit; but all disputes were terminated by the royal sentence. And of all our Roman monarchs, Numa appears to me to have best preserved this ancient custom of the kings of Greece.
It should be made a legal arbitrator in all matters of controversy between railroad companies and warehouses and their patrons; and it should be required to make examination of roads, and be invested with authority to compel reparation of unsafe and defective bridges, culverts, track, and rolling-stock.
It is true, Christ in the text speaks more like an arbitrator than an Advocate; more like a judge than one pleading at a bar. I will have it so; I judge that so it ought to be, and must. But there is also something of plea in the words both before his Father, and against our enemy; and therefore he speaketh like one that can plead and determine also; yea, like one that has power so to do.
Just so soon as it became evident that mediation under the existing law had failed and that arbitration had been rendered impossible by the attitude of the men, I considered it my duty to confer with the representatives of both the railways and the brotherhoods, and myself offer mediation, not as an arbitrator, but merely as spokesman of the nation, in the interest of justice, indeed, and as a friend of both parties, but not as judge, only as the representative of one hundred millions of men, women, and children who would pay the price, the incalculable price, of loss and suffering should these few men insist upon approaching and concluding the matters in controversy between them merely as employers and employees, rather than as patriotic citizens of the United States looking before and after and accepting the larger responsibility which the public would put upon them.
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