This series about the life of Edward B. (“Ned”) Burling commenced with a post about his connections with Katherine Graham, the owner and publisher of the Washington Post, and then retreated in time to a post about his birth and early years in Iowa, 1870-1890, followed by a post about his four years at Harvard University in Cambridge, Massachusetts, 1890-1894, another post about his 22 years as a Chicago attorney, 1895-1917, and a post about his two years as a federal government attorney in Washington, D.C., 1917-1918.
Burling’s Private Legal Career in Washington, D.C.
In 1919, Burling co-founded the Covington & Burling law firm (C&B and n/k/a Covington) and thereafter served as its de facto managing partner. In the words of his partner and former U.S. Secretary of State, Dean Acheson, Ned helped to create “a practical organization, engaged in achieving practical ends, for real people, who were in real trouble.” To that end, Burling hired talented recent law school graduates, gave them responsibility as soon as possible and compensated them on the basis of merit, rather than seniority.” Burling also developed a personal practice focusing on corporate transactions and federal taxation.
C&B’s first big case shortly after its founding was a contingent fee case for the Kingdom of Norway against the United States for $16 million arising out of the U.S. taking of contracts for ship construction during World War I. For assistance, Burling hired his old law school friend, George Rublee, and the 28-year old Acheson, who had just finished a clerkship with U.S. Supreme Court Justice Louis Brandeis. Recognizing Acheson’s talents, Ned asked him to argue an important and difficult issue in the six-week hearing before the arbitral panel at the Peace Palace at The Hague. During the young Acheson’s argument, Burling slipped him a terse note: “Shut up.” Acheson, however, ignored this order and continued the argument, which lead to an important concession by the other side (the U.S.). The result was a 1922 award of nearly $US 12 million to Norway and a subsequent Norwegian knighthood for Burling.
Later Burling ironically pointed out that after Acheson made his very first court argument at the Peace Palace, the rest of his legal career would all be downhill. Fortunately for the law firm and the U.S. that was not true. Whenever Acheson was not holding high positions in the U.S. Government, he was practicing law at C&B. Through it all, Acheson and Ned had a strong friendship. Shortly after Acheson became Secretary of State in 1949, Burling wrote to him,
“I have been impressed by the growing kindness and consideration for others that you have shown. The absence of any feeling of importance is rare in one who has attained the high office that is yours. And at the same time a growing strength is apparent. Your head has always been better than other heads but once you were inclined to defer to more assertiveness. You show less of that trait. And you have no reason to yield your opinion when you have come to a considered conclusion. You have a right to believe that your conclusion is probably better than what will be offered by anyone else. So trust in yourself and go ahead and do a swell job for the world.”
A year later, Burling observed that Acheson was “one of our great men. Great, I mean, looking at the entire history of our country. I am greatly impressed by the way he has grown. He is a powerful figure.”
As noted in previous post about Burling and Katherine Graham, on October 3, 1996, Edward B. Burling died at age 96 in Washington Hospital Center. According to an editorial in his honor in the Post that Graham may have helped write, Burling was the city’s “grand old man of the law [who from] the days when he was graduated from Harvard Law School in 1894, with one of the best records ever made there, he had been an outstanding legal scholar. And with the law as the base of his operations, he also exerted a substantial influence in the fields of business, government and community relations.”
The editorial also stated that at the C&B law firm the “scholarly and retiring Mr. Burling, who made a specialty of cultivating and training brilliant young lawyers, was chiefly responsible for keeping the firm’s performance at a high level of professional excellence.”
Covington is still one of the world’s preeminent law firms with over 1,000 lawyers in 12 offices in the U.S. and around the world, and it remains dedicated to the founders’ values of excellence, tolerance, integrity and commitment to public service and professionalism 
We next will look at some of the highlights of Burling’s life-long friendship with Learned Hand.
 Citations to the sources for this post are found in this blogger’s Edward Burnham Burling, The College’s Quiet Benefactor (April 2008)(18-page essay and bibliography; on file in Grinnell College’s Special Collections and Archives).
Andrew Carnegie (November 25, 1835 – August 11, 1919) was a Scottish-American industrialist who led the enormous expansion of the American steel industry in the late 19th century. He also was one of the highest profile philanthropist of his era who had given away almost 90 percent of his large fortune to charities and foundations by the time of his death.
Carnegie also was a pacifist at heart, and starting in 1903 devoted significant time and money to promoting peaceful resolution of international disputes, especially by arbitration pursuant to treaties.
In 1910 he funded the establishment of the Carnegie Endowment for International Peace, whose trustees were charged to use the fund to “hasten the abolition of international war, the foulest blot upon our civilization.” The Endowment is still operating today with its headquarters in Washington, D.C. Now it describes itself as “a unique global network of policy research centers in Russia, China, Europe, the Middle East, and the [U.S.]. Our mission . . . is to advance the cause of peace through analysis and development of fresh policy ideas and direct engagement and collaboration with decision makers in government, business, and civil society. Working together, our centers bring the inestimable benefit of multiple national viewpoints to bilateral, regional, and global issues.”
Another activity Carnegie organized to promote peace was the April 1907 National Arbitration and Peace Congress at Carnegie Hall in New York City. The Hall, as its name suggests, was another Carnegie-financed project that opened in 1891 in Midtown Manhattan.
The Congress with over 1,200 registered delegates was described as the “greatest gathering ever held in advocacy for the abolition of war as a means of settling national disputes.”
Carnegie himself, of course, gave a major speech at the Congress that in retrospect can be seen as an outline of the United Nations created after World War II. Carnegie said, “[W]e are met to urge the speedy removal of the foulest stain that remains to disgrace humanity, since slavery was abolished—the killing of man by man in battle as a mode of settling international disputes.” He also expressed his support for “the League of Peace idea—the formation of an International Police, never for aggression, always for protection to the peace of the civilized world. . . . “ States should agree “that no nation shall be permitted to disturb the peace.” Before use of the international police, there should be a proclamation of “non-intercourse [“sanctions” in our parlance] with the offending nation.”
President Theodore Roosevelt did not attend the Congress, but sent a letter that embraced its purpose. It said, “[I]t is our bounden duty to work for peace, yet it is even more our duty to work for righteousness and justice.” Moreover, the President stated,“[T]here can be at this time a very large increase in the classes of cases which [could ] . . .be arbitrated, and . . .provision can be made for greater facility and certainty of arbitration. I hope to see adopted a general arbitration treaty.” Roosevelt added that the Hague court [of Arbitration] should be greatly increased in power and permanency.”
On the other hand, Roosevelt cautioned the delegates to not insist “upon the impossible [and thereby] put off the day when the possible can be accomplished.” “[G]eneral disarmament would do harm and not good if it left the civilized and peace-loving peoples . . . unable to check the other peoples who have no such standards.” Indeed, according to the President, “[T]here are few more mischievous things than the custom of uttering or applauding sentiments which represent mere oratory, and which are not, and cannot be, and have not been, translated from words into deeds.”
The Congress adopted resolutions endorsing international peace and international law; calling for permanency for the Hague Court of Arbitration open to all nations; the adoption of a general international arbitration treaty; the creation of a committee to investigate international disputes and attempt to mediate them before the parties resort to war; the establishment of the neutrality of personal property at sea; and limitations on armaments. 
At the end of the Congress Carnegie was presented with the French Cross of the Legion of Honor by France’s Baron de Constant de Rebecque (nee Paul Henri Benjamin Balluet), a member of the Permanent Court of Arbitration and the 1909 winner of the Nobel Peace Prize. The Baron praised Carnegie for “his interest and energy in behalf of the peace movement” and for being “a good citizen of the whole world.”
According to the New York Times, Europeans were not interested in, or impressed by, this Congress. First, they did not have “a large number of peace propagandists.” Instead their prevailing view was that “universal, permanent peace is a long way off” and that the major issue was the practical one of adopting an agreement on the manner in which wars should be conducted. Second, many Europeans believe that U.S. policies regarding the Western Hemisphere threaten world peace, especially with respect to Germany’s interests in that part of the world. Indeed, The Times of London called Carnegie “an ardent but ill-informed amateur” and had “rushed in where sagacious statesmen fear to tread.” Another European critic said Carnegie should “endow a chair of contemporary history for his own instruction.”
Preceding the Congress, Carnegie hosted a large dinner at his beautiful mansion at Fifth Avenue and 91st Street in New York City to celebrate industrial peace in the U.S. and the upcoming Congress. In attendance were 100 “sons of toil” or workers’ representatives; prominent merchants; manufacturers’ executives; bankers; leaders of universities and other educational institutions; church leaders; publishers and editors; lawyers; and railroad executives, including William C. Brown, then Senior Vice President of the New York Central Railroad (and my maternal great-great uncle).
 This post is based in substantial part on Chapter XXIII (“The Quest for Peace, 1901-1910”) in Joseph F. Wall’s Andrew Carnegie (Oxford Univ. Press 1970), which won the 1971 Bancroft Prize for best book about history of the Americas (or diplomacy). Professor Wall was a revered History Professor at my alma mater, Grinnell College, and I was fortunate to have known him and learned from him.
 One of Carnegie’s philanthropic endeavors was funding the establishment of public libraries throughout the U.S. and other countries. My mother was the Librarian at the Carnegie Library in Perry, Iowa, and I studied at Grinnell College’s Carnegie Library during my first two student years.
 I have had two “contacts” with the Permanent Court of Arbitration. First, a Minnesota company had suggested arbitration of its claim against my client, an Asian manufacturer, under the UNCITRAL Arbitration Rules. Because my client and I did not believe that there was a valid arbitration clause and the claimant had not appointed the first arbitrator, we did not appoint a second arbitrator and then were surprised to receive a letter from the Permanent Court designating an appointing authority to appoint a second arbitrator. There eventually was a three-person arbitration panel that issued an award in favor of my client. Second, I have researched the life and career of Edward Burnham Burling, a fellow Grinnell alumnus (Class of 1890), whose gift funded the College’s library (the Burling Library) that replaced its Carnegie Library. Burling was the co-founder of the eminent Washington, D.C. law firm of Covington & Burling and represented the Kingdom of Norway against the U.S. over expropriation of shipping contracts during World War I with the Permanent Court of Arbitration in 1922 issuing an award in favor of Norway. Writing blog posts about Burling and the Norway case are on my list of future posts.
 This account of the Congress is based upon Andrew Carnegie’s Plea for Peace, N. Y. Times (April 7, 1907); Stead Recommends a Peace Pilgrimage, N. Y. Times (April 8, 1907); Frenchmen Arrive for Peace Congress, N. Y. Times (April 9, 1907); Prelude to Peace Congress To-Night, N. Y. Times (April 14, 1907); Women’s Part in Peace, N. Y. Times (April 14, 1907); War Talk Opens Peace Congress, N. Y. Times (April 15, 1907); The Afternoon Session, N. Y. times (April 16, 1907); Editorial, Peace on Earth, N. Y. Times (April 16, 1907); Peace Conference Not All Harmony, N. Y. Times (April 17, 1907); Honor Carnegie Friend of Peace, N. Y. Times (April 17, 1907); Editorial, Peace Congress Resolutions, N. Y. Times (April 18, 1907); Editorial, Peace Congress Sequels, N. Y. Times (April 21, 1907); Europe Is Amused at Peace Congress, N. Y. Times (April 21, 1907); Proceedings of the National Arbitration and Peace Congress, New York, April 14th to 17th, 1907 (1907).
 Roosevelt became a hero for Carnegie, but Roosevelt never liked Carnegie.
Unique Party Carnegie Host, N. Y. Times (April 6, 1907). About one week before this special dinner, Carnegie, after a luncheon meeting with President Roosevelt at the White House, made a statement supporting the President’s policies regarding the railroads. The Carnegie Mansion now is the home for the Cooper Hewitt, Smithsonian Design Museum.