The Sun.
London, England, 1868-12-07 00:00:00

TIM SUN, L

went a proposal that the question which was to have
been laid before the King of PRUSSIA shbuld be
referred, together with the details of damages; to
the Anglo-American Commission of four. By the
terms of the first arrangement, the pre-
liminary question of whether England is
liable for the escape and the depredations of
the Alabama, was to be decided by the arbitration of
the King of PRUSSIA. The commission, formed of
two representatives of each nation, was to hear and
assess all cases of individual damage, provided, of
course, that the arbitrator found in favour of
America. ➢lr. SEWARD now proposes that the entire
difficulty should be disposed of by the commission.
The King of PRUSSIA is to be dispensed with.
This is indeed grave intelligence, and may possibly
have a prejudicial effect upon the settlement of the
dispute. It entirely alters the aspect of the question,
by returning to the old ground of quarrel, and
reviving the difficulties which formerly prevented an
arrangement. The British Government has shewn
its readiness to make every reasonable concession;
it has consented to transfer the commission
from London to Washington ; but it is hardly to be
expected that it will agree to a proposition which
would really grant the Americans almost all that
Lord STANLEY formerly felt bound to refuse them.
We might refer a question of money, but we cannot
refer agreat question of principle to thedecision of four
lawyers, who would be chosen as interested parties to
defend the claims of their respective countries. If an
arbitrator be chosen at all, a difference between
two great nations ought to be settled only by
one of their own rank, not by four indi-
viduals who, however competent, would in
no respect represent the importance of the
dispute. Besides, the fundamental idea of arbitra-
tion must be ignored by a reference to a commis-
sion chosen from the nations who are the chief parties
to the quarrel. If the King of PRUSSIA decided
the question of liability, it would really be referred
to a commission of his lawyers, but such a tribunal
would be authoritative, as representing a great State,
and it would be impartial, being composed entirely of
third parties. If Mr. SEWARD'S demand were conceded,
the four would beyond doubt come to a dead-lock, and a
referee must be called in. This fifth arbitrator, who
would virtually dispose of the whole matter, could
be neither an Englishman nor an American,
so that in the end the problem would be
solved by the means proposed in the original
settlement, after its chief advantages had been •sacri-
ficed. It is clear that a decision by any other than a
third party is practically impossible. The dispute
long ago passed beyond the scope of mutual agree-
ment.

It would appear from this proposition that the
extent of Mr. JoaNsoN's authority had been some-
what over-estimated. It was understood that the
Senate, in its ratification of the settlement, would
accept the terms agreed upon by its Ambassador,
who was in this respect a plenipotentiary. It seems,
however, that Mr. SEWARD has retained the
power of revising Mr. JOHNSON'S decision.
Hence the present difficulty. There is, how-
ever, much reason to hope that it will
not remain insuperable to diplomatic skill.
Mr. REVERDY JOHNSON would hardly have been
permitted to proceed so far unless the tenour of his
negotiations were known to the Government. It is
not likely that Mr. SEWARD would first ask to change
the place at which the commission is to sit, and then
make another demand which is altogether to alter
its functions, and which is yet to be final and
inflexible. Still less is it probable that the
American Government, as we are confidently
informed, " approves " of Mr. JoimsoN's policy, and
yet disapproves of its most important result. It is
to be hoped that Mr. SEWARD will finally perceive
that a demand to try our culpability by a commission
sitting at Washington, and half composed of Ameri-
cans, is really begging the whole question at issue.
It is hard to believe that a demand made at the last
moment, totally upsetting the former arrangement,
and on the eve of_a change of Ministry, will be per-
severed in.

LATEST INTELL MENCE.

(REUTE rt's TELEGRAMS.)