The Forum Volume 27 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ...it to arbitration was to confess judgment at the start, leaving us no alternative but to pay the bill. 4. The claim of the actual ownership of the herd is one of natural justice, not of prescribed law. It could become an enforceable claim only through international agreement or through the action of a tribunal of arbitration. Neither could be made retroactive; hence, we could have no legal claim against Great Britain for damages through the destruction of the fur seal herd. It is evident that in a case of arbitration the final verdict must vindicate itself; otherwise, the sole value of this method of settling disputes is lost. It is, therefore, vitally important that the arbitration tribunal should correctly understand the facts at issue. Without a clear comprehension of all the relevant facts, a just decision is impossible. In proportion as error exists in the fundamental propositions, so must the final result be vitiated. In international affairs the judges should be men of exceptional integrity and of exceptional intelligence, capable of weighing and valuing the most varied forms of evidence. Perjury, pettifogging, and concealment would be insults to such a court; and every device which experience has shown necessary to the extraction of truth from testimony should be in the hands of the tribunal. All this would seem self-evident; but in the organization of the Paris Tribunal it seems not to have received due consideration. In considering the proceedings of this court, the following facts are apparent: It was arranged that all testimony should be presented in printed form. It was arranged that testimony as to matters of fact should be given in ex parte affidavits. It was arranged that no witness should be present in person. It was, therefore, impossible ...