A Portraiture of Quakerism, Volume 2 / Taken from a View of the Education and Discipline, Social Manners, Civil and Political Economy, Religious Principles and Character, of the Society of Friends

by Thomas Clarkson

The following is a concise statement of the rules recommended by the society, in the case of arbitrations.

Each party is to choose one or two friends as arbitrators, and all the persons, so chosen, are to agree upon a third or a fifth. The arbitrators are not to consider themselves as advocates for the party by whom they were chosen, but as men, whose duty it is to judge righteously, fearing the Lord. The parties are to enter into engagements to abide by the award of the arbitrators. Every meeting of the arbitrators is to be made known to the parties concerned, till they have been fully heard. No private meetings are allowed between some of the arbitrators, or with one party separate from the other, on the business referred to them. No representation of the case of one party, either by writing or otherwise, is to be admitted, without its being fully made known to the other; and, if required, a copy of such representation is to be delivered to the other party. The arbitrators are to hear both parties fully, in the presence of each other, whilst either has any fresh matter to offer, for a time mutually limited. In the case of any doubtful point of law, the arbitrators are jointly to agree upon a case, and consult counsel. It is recommended to arbitrators to propose to the parties, that they should give an acknowledgment in writing, before the award is made; that they have been candidly and fully heard.

In the same manner as a Quaker proceeds with a Quaker in the case of any difference, he is led by his education and habits to proceed with others, who are not members of the same society. A Quaker seldom goes to law with a person of another denomination, till he has proposed arbitration. If the proposal be not accepted, the Quaker has then no remedy but the law. For a person, who is out of the society, cannot be obliged upon pain of disownment, as a Quaker may, to submit to such a mode of decision, being out of the reach of the Quaker-discipline.

I shall close my observations upon this subject, by giving an account of an institution for the accommodation of differences, which took place in the year 1793, upon Quaker principles.

In the town of Newcastle upon Tyne, a number of disputes were continually arising on the subject of shipping concerns, which were referred to the decision of the laws. These decisions were often grievously expensive. They were, besides, frequently different from what seafaring persons conceived to be just. The latter circumstance was attributed to the ignorance of lawyers in maritime affairs. Much money was therefore often expended, and no one satisfied. Some Quakers, in the neighbourhood, in conjunction with others, came forward with a view of obviating these evils. They proposed arbitration as a remedy. They met with some opposition at first, but principally from the gentlemen of the law. After having, however, shown the impropriety of many of the legal verdicts that had been given, they had the pleasure of seeing their plan publicly introduced and sanctioned. For in the month of June, 1793, a number of gentlemen, respectable for their knowledge in mercantile and maritime affairs, met at the Trinity-hall in Newcastle, and associated themselves for these and other purposes, calling themselves "The Newcastle upon Tyne Association for general Arbitration."

This association was to have four general meetings in the year, one in each quarter, at which they were to receive cases. For any urgent matter, however, which might occur, the clerk was to have the power of calling a special meeting.

Each person, on delivering a case, was to pay a small fee. Out of these fees the clerk's salary and incidental expenses were to be paid. But the surplus was to be given to the poor.

The parties were to enter into arbitration-bonds, as is usual upon such occasions.

Each party was to choose out of this association or standing committee, one arbitrator for himself, and the association were to choose or to ballot for a third. And here it will be proper to observe, that this standing association appeared to be capable of affording arbitrators equal to the determination of every case. For, if the matter in dispute between the two parties were to happen to be a mercantile question, there were merchants in the association: If a question relative to shipping, there were ship-owners in it: If a question of insurance, there were insurance-brokers also. A man could hardly fail of having his case determined by persons who were competent to the task.

Though this beautiful institution was thus publicly introduced, and introduced with considerable expectations and applause, cases came in but slowly. Custom and prejudice are not to be rooted out in a moment. In process of time, however, several were offered, considered, and decided, and the presumption was, that the institution would have grown with time. Of those cases which were determined, some, relating to ships, were found to be particularly intricate, and cost the arbitrators considerable time and trouble. The verdicts, however, which were given, were in all of them satisfactory. The Institution, at length became so popular, that, incredible to relate, its own popularity destroyed it! So many persons were ambitious of the honour of becoming members of the committee, that some of inferior knowledge, and judgment, and character, were too hastily admitted into it. The consequence was, that people dared not trust their affairs to the abilities of every member: and the institution expired, after having rendered important services to numerous individuals who had tried it.