The Sun.
London, England, 1869-01-20 00:00:00

TEL SUN, LONDON, WEDNESDAY EVENING, JANUARY 20, 1869.

FOREIGN NOTES.
THE ALABAMA CIIMIIS

The American correspondent of the idegraph. enumeratcs
the principal modifications which have been made in the
treaty for the settlement of the dispute between England
and America. The treaty is to be called a protocol, instead
of a convention. In the original settlement it was agreed
that the commission should decide the claims arising out
of the Alabama depredations by a majority, but on other
claims they must be unanimous. It is now agreed that a
majority shall suffice in all cases. The mode
of selecting an umpire is also to be altered.
When the commissioners cannot decide a case, they
shall report the disagreement to their respective
Governments ; and if no umpire be agreed on within six
months, then the commission on each side is to select a
name for itself, and the umpire is to be chosen by lot. In
addition to these changes, we announced some time ago
that the commission was to sit at Washington, instead of
at London.

Thus, though no vital principle has been given up on
either side, the protocol differs as a whole very consider.
ably from the original form of settlement. The result in
the shape of the convention which has been laid before the
Senate of the United States, may now be summed up as
follows :—The principle of arbitration as at first suggested
has been retained, but modified in some respects. All"
claims whatever, which may have been a ale by either of
the two Governments upon the other since 1833, are to be
referred to a mixed commission for arbitration, and for
full and final settlement. The commission will cons'st of
four members, two to be named by each Government. It
will meet as soon as possible at Washington, and its first
duty will be to choose an umpire on the conditions just
mentioned. The tribunal thus constituted will be com-
petent to decide all cases brought before it, including the
Alabama claims. Here we find the most important altera-
tion. Under Lord Stanley's settlement, the Alabama
claims were made the subject of a distinct mode of treat
went ; now they are to be referred to the commission. An
important exception is, however, made respecting the
choice of the umpire. In the case of the Alabama claims,
if the commissioners, or any two of them, should think it
desirable that a person in the rank of a sovereign should
be the arbitrator in respect of any claims, it will be
incumbent upon the two Governments within six months
to agree upon the bead of some friendly State, and to
invite him to decide upon the justice of the claim. Hence
it will always be in the power of the English representa-
tives to refer any claim involving very important con-
siderations to an independent sovereign, and, as the Times
remarks, the arbitration of our prirr ary liability in the
case of the Alabama is secured to us. The Times, how-
ever, is of opinion that an arrangement has been made by
which the Americans car n t, under this rather elastic pro-
vision, insist upon referring our recognition of the South
as a bellige. eat. We have all, a's refused to submit this
to arbitration, and it w. uld not do to be hoist with our
own petard.
It is important to note the manner in which the various
claims are to be submitted. No unlimited investigation
will be permitted. The commissioners will consider only
such evidence and information as may be furnished by the
two Governments. Every statement or document pre-
sented to ti e un'er this authority they will, however,
be bound to receive, and also, if required, to hear one
person on each side as the counsel or agent of such
Goverwr ent. But though the commissioners will be
bounl to peruse al evidence, they are not compelled
to consider it all as relevant. Two years is the term
within which the labours of the commission are expected
to be c:-)ncluded. All claims are to be presented within
six months from the day of their first meeting, except in
special cases, for which three months more may be allowed.
Compensations are all to be paid within eighteen months
of the decision. Lastly, the two parties make a solemn
declaration that the proceedings of the commission shall
be considered a final settlement of all claims since 1853.