on,
it is that style of argument.

But I came to the conclusion, both from the history of the
proceedings at Geneva, and from the nature of the submission,
that the claim that had been established against Great Britain
was a National claim, made by National authority for a National
injury. That this was the character of the claim our counsel
gave express notice to Great Britain and to the tribunal.
This opinion was asserted by Mr. Fish in his instructions
to the counsel. When the Government of the United States
received it, it seemed to me that it was entitled to apply
it in its high discretion; and to give it to such persons
entitled to its protection or consideration as it should see
fit. I made a careful argument in support of this view. I
thought, accordingly, that the balance of the fund, after
compensating all persons, not yet paid, for claims directly
resulting from damage done on the high seas by Confederate
cruisers, and the class of insurance companies above mentioned,
should be paid to persons who had paid premiums for war risks
after the sailing of any Confederate cruiser. I maintained
this doctrine as well as I could against the powerful arguments
I have named. There were other very strong arguments on the
same side, and I had the gratification of being assured by
several Senators that my presentation of the case had convinced
them. Mr. Blaine, who had, himself, earnestly engaged in
the debate, said that he thought that the opinion of the majority
of the Senators had been changed by my argument.

CHAPTER XI
THE PRESIDENT'S POWER OF REMOVAL

The two most important questions of the construction of the
Constitution which came up in our early history have been
finally put at rest in our day. I have had something to do
with disposing of both of them. With the disposition of one
of them I had a leading part.

The first of these questions was whether in executing the
powers conferred upon it by the Constitution, Congress must
confine itself to such means and instrumentalities as are
strictly and indispensably necessary to their accomplishment;
or whether it might select, among the measures which fairly
promote such Constitutional ends, any method which it shall
think for the public interest, exercising this power in a
liberal way, and remembering in doing so that it is a Constitution--
the vital power of a free people,--we are defining and limiting,
and not an ordinary power of attorney.

Th