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Samoa Times and South Sea Gazette, Volume 2, Issue 67, 11 January 1879, Page 2

!, It almost seems as if International Arbi(ration, from which so much waaexpectod, 1 is to be tlie failure which many predicted. t "The Fisheries award has beon paid by s the United States under protest;" so . runs the latest European telegram. We ' will not attempt to give any explanation ; of the point in dispute lest we might give 1 a wrong one, but from what we remember of the ease when the dispute first arose, it is clear that the misunderstanding is ] caused by a detail, the consequence* of j i which should have been foreseen by those j who represented America wli :n the terms df nrbitiution Hero being drawn up. j Tiii;. point having been overlooked, presumably by both parties.it is absurd to | outer a protest after a decision has been arrived at. This protest will serve as a , I handle for tho.-e wiio prefer the urbitranipnt of tii" sword to that of the pen. The act is till the more ungracious as I Kngland has twice yielded to decisions in I favour of America without a dissentient

With regard to tin.' Alabama claims there is not a shadow of a doubt but that j two-thirds of the English people wer ■ adverse l<> any arbitration whatever. Mr. Uiaustone, being then in tho zenith of his power and backed by a largo Pirliamilitary majority. carried the day. Tire Press, a> a whole, bitterly opposed the proceeding until the preliminaries had been arranged, but when these had once been agreed upon, criticism teamed, and when tin- adverse verdict was given there was a sigh of relief that a question, so productive of ill-feeling, had Urn amicably .settled. As regards Lite island of Saint Juan, England lost tiie day on a question of honour. Tito arbitrator pointed out that in the case as presented by the British Government tho question at issue wa.s not touched upon. The British Government, however, refused to take up fresh ground, and rather than disturb the terms of arbitration, courted certain defeat. Tho Emperor of Goruiany acknowledged al tho time that his decision might have bad to have been a very dill'erent one. In the case of Delagoa Bay Kngland lost her asserted rights mainly through caivlessnoss, for while Portugal had her claims published in French, English, and Portuguese, and accompanied by numerous and carefully drawn maps, Ihe former Power tent in only a loose statement and the swuiu evidence of one or two naval commanders. in fact hud her ease been tho best one possible .-he was bound to have lost it. Whether, however, she lost it justly or unjustly there was no protest made against the decision.

The moral is that it is hopeless .to expect France and (Jermany, or Russia and England to refer their claims to arbitration if it be impossible for America and England, who have ijwry sentiment in common, to settle their differences wiiiiOut " protests." Before the terms or arbitration and tho points to he taken into consideration are agreed upon, skilled lawyers on both sides, in coo; blood, discuss each and every detail, and if, after the adjustment of all these preliminaries, the decision of the arbitrators cannot be acquiesced in without a "protest," then we despair of International Arbitration coming into general use.

•i 1' i. Martin. It will no doubt l» reiin mimed thai - dm twoyetn ago Mr. t I. P. Q. Martin wa* triad before, i n I ■entenced by, tho BritishConaul t.. be leportud for au assault committed upon Mi. J. B. M. Stewart. Tho cause of the usaolt \,,is that the former ha I charged by the latti r with having si a certain book. Iu vindication of thi oharacter of Mr. Martin, wi have mnch pleasure in inserting the following letl I from Mr. C. \V. Drurv, red ■ ■' Us a - Levuk*, Fiji, August :50th, l«7*. J P. 0. Martin, Esq., Lcvuka.- Sir,- I l<cg to inform you that on looking over J. B. M. Stewart's papers, 1 found the copy hook, containing numerous r> ipts of the sale of land in Samoa, to the Polynesia Land and Commercial Company, which 1 understand Stewart accused you of abstracting from his office at Apia, Samoa. As this charge was the cause of the assault made by yon upon Stewart. 1 have th mght it my duty to call on His budship the Chief Justice, and show him the hook, and explain to him where it was found.-- I remain your obedient servant, ('. W. Dm KY, Trustee in the estate .1 Stewart, Cooper, es Co."