John Lothrop Motley. a memoir — Volume 2 by Oliver Wendell Holmes
page 51 of 68 (75%)
page 51 of 68 (75%)
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insinuation which called it forth is a practical misstatement which does
Mr. Motley great wrong? One more example of the method of wringing a dry cloth for drops of evidence ought to be enough to show the whole spirit of the paper. Mr. Fish, in his instructions:-- "It might, indeed, well have occurred in the event of the selection by lot of the arbitrator or umpire in different cases, involving however precisely the same principles, that different awards, resting upon antagonistic principles, might have been made." Mr. Motley, in the conversation with Lord Clarendon:-- "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. 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:-- "That he had in his mind at that interview something else than his letter of instructions from this department would appear to be evident, when he says that 'he called his lordship's attention to your [my] very judicious suggestion that the throwing of dice for |
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