The Green Bag his vigor of intellect and body continued unim paired. Mr. Cushing's capacity for work was, as his secretary had frequent occasion to know, practically without limit. He therefore hailed with delight the opportunity now offered for a passage-at-arms with the famous leader of the English bar. That Mr. Cushing improved the opportunity to the utmost will be the verdict, I think, of every lawyer who turns to the Reply Argument of August 7, 1872, and reads it, even only in part. Mr. Cushing dictated this argument to me in French, almost word for word as it now reads. It is a singularly able paper. It says just what ought to be said. There is not in it a superfluous sentence. The compactness of the reasoning, the rapidity of movement from one topic to the other (a quality which adds to the force of a style in itself animated) and the tone of confidence displayed throughout com bine to render the reply a signal example of a triumph in forensic encounter.
ings if I failed to record an expression of gratitude for the kindness and encouragement I received at his hands during all the time we were thus together. He was always just towards hi.juniors, and on that occasion he laid open hi* vast storehouse of knowledge for the free use of all. While assuming that our success would be his, he was willing that his should be ours. He knew that much encouragement can lighten the burden of labor, and never failed to give it when the opportunity was offered. Whatever he may have been to others, to us who were with him at Geneva, he will be remembered as a wise and prudent counselor and a faithful friend.
In a letter written after Cushing's death, Hamilton Fish thus refers to Cushing's closing argument: — His argument before the Tribunal, delivered in a language understood by and familiar to each of the arbitrators, especially the three not named by either of the parties litigant, brought the facts and law on which rested the American case to the intelligence of the entire court. For this service, for many other great services, I join most cordially with you in the tribute of honor, high honor, to the memory of Caleb Cushing.
Count Sclopis, the Italian arbitrator, was greatly impressed with this argu ment, and during its delivery interrupted Cushing with a question in the Italian tongue. Cushing answered in Italian. Lord Chief Justice Cockburn, not under On the 14th day of September, 1872, standing Italian, objected to this col in accordance with a previous announce loquy, whereupon Cushing stated that, ment to that effect, the decision of the the arbitrator having addressed him in Italian, it seemed to him only courtesy arbitrators was made. At the ap to reply in the same language, but for pointed time the court room was crowded with distinguished personages and repre the convenience of the Lord Chief Jus sentatives of the press from almost all tice he would forthwith prepare a trans lation in English of the colloquy and parts of the world. A newspaper correspondent thus re present it to him by nine o'clock the ferred to the counsel for the United following morning, and while he was aware that French was the official States : — language of the tribunal, he was willing Caleb Cushing with that dark, gypsy that the argument thereafter should be and a flash of triumph in his luminous eyes; continued in any language which the Waite, a modest lawyer from Ohio, little dream ing of the supreme honor that was soon to come Lord Chief Justice might select, Chinese to him; Evarts with his mediaeval features, not excepted. Some years later his junior, Mr. calmly observant. The same correspondent's allusion to Waite, then Mr. Chief Justice Waite, thus spoke of Cushing: — Lord Chief Justice Cockburn is worthy It was my fortune to be associated with Mr. of reproduction : — Cushing before the Tribunal of Arbitration at Geneva, and I should be false to my own feel
Cockburn was a handsome man; stately, a haughty, clear limned face, a character deeply
