The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-17

less honorable statesmanlike because might tend TO
incidentally any grudge which may sil DO entertained
against this country We venture 70 submit that 1t
would not ana % suggest t mat 10 er s
when the grievances Of which Mr.. Adams complained
are neither obsolete nor too recent when no other
OF misunderstanding exists to disturb the fair
discussion Of them and when the foreign Affairs Of this
country have lately passed into the hands Of new
Minister.
The controversy conducted by Lord Russell and Mr..
Adams behalf Of their respective governments really
turned on very few and very simple issues inc latter
hb the participation OF its subjects in acts OF hos
tlity against either Of the begerents but responsible
inability to DO 80 He took bis stand on the fact that
certain vessels OF In tho Confederate service had
been constructed in British dockyards equipped FROM
II not in, the same p0rts manned chiefly BY BRUSH
sailors and commissioned at sea without having &C
qured any new character by entering Confederate
port Hence be argued either that our laws were made
quate 10 restrain abuses Of neutrality that they
were not properly enforced; and, In either case, he
insisted that Great Britain was liable for the conse
that neutral State has any duty towards beligerent
except tho strict and honest execution Of its own NUM-
cipsi laws He maintained, however, that our Foreign
Enlistment act IL sufficient for its purpose and had been
enforced with due diligence as well as in perfect good
escape Of the Alabama 10 the want OF evidence to JUS
tify her detention. To Mr.. Adams tender of arbitra
tion Lord Russell replied that arbitrators de-
questions neither OF which Great Britain could sub
init TO any independent tribuna-the question whether
D
British statute, and the question whether the British
government had bona fde availed themselves OF the
powers therein nrusted 70 them On these grounds he
objected TO any judicial investigation Of the Alabama
claims, either BY an arbitrator or by joint
mission though he expressed his readiness in
the appointment Of such commission TO deal with
pensation cases Of a different class The United
States were naturally unwilling TO accept an ar
I ranger which would have left open the very
Now without going further into tho argument
than this, or crtcising any one Of the historical
clusion, we no insuperabs obstacle to a solution
which has something In common with Mr.. Adams pro-
Joint Commission be- appointed not TO adindicats upon
the claims preferred against Great Britain by American
shpowners or to review the transactions connected with
the equipment Of the Alabama and her consors bs3 10
deliberate the rights and ds netrai time Of sodr
hhsro darmined by International laO age and 70
should Be- ,nsited 70 adopt and % carry out Sy isgasrs
commission OF this Kind should not be
clusively composed OF British and American subjects
but should include eminent continental jurists and
should be invested with the ampest possible liberty Of
Recommendation If. upon perusal OF their report,
her Majcstys government shall be OF opinion that,
under the circumstances reparaon is DUE either
In International law in international equity, 10 the
United States in respect to the ravages OF the Alabama
IL will not be too late to make IL; and false pride
should prevent our doing so with good grace.
II ii DO said that Lord Stanley cannot allow these claims
to be reopened indirectly without rejecting njur
ousy on the conduct Of his predecessor the answer is
obvious Mr.. Adams representation TO Lord Russell
was in the nature OF legal demand, and 1t
practically grained that our tav had ben vio
ta'ed in the equipment Of the alabama, and that
the commercial marine Of the United States had
suffered g,ievo1 INJURY thereby but the doubt
whether in the absence Of cuable neglect the part
Of our government there any remedy against us.
This Lord Russell denied and have yet to learn that
he wrong in his exposition Of the law while he
certainly right II thu precedent Of tho Portuguese
claims the United States TO be followed. On the
other hand, every one knows, the Alabama would
have got but for the nopportune illness Of
the Queens Advocate and this consideration though It
may clear the government from the charge Of neglect
does In some degree affect the moral aspect OF the
The loss sustained by American commerce In Gomez
quencc may be damnGm sine i,yari6. and there
fore no ground Of legal action; and yet 1t may
be wise act Of courtesy TO waive the benefit OF this
plea Tho time has come when such concession Is no
longer open miscCnstuction and would be accepted
by the United States spontaneous act Of good WILL
Al all events there can DO nothing derogaory 70 the
honor Of England In offering 70 submit her neutrality
laws together with those Of the United States revision
by mixed commission. No country has moro TO lose
by lax Interpretation Of these laws and justice compes
US to acknowledge that had the United States govern
ment connived ut their evasion, the Fenian expedition
might have inflicted much greater mischief Canada
This will not be forgotten by Parliament If It should DO
hereafter called upon TO sanction 0vetures which may
lead TO an amicable compromise Of the Alabama claims