The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-22
H u II O p H.
AMERICA AND ENGLAND.

The Alabama Claims-The Question of
ArbItratiOn-HOw Such Mode of Set
Element would Affect Both Countries.
From the London Times, January8,
We have authority to state that in reply to a
communication received from the Government
of the United States, her Majestys Minister at
Washington has been instructed to ascertain
whether that Government is prepared to accept
the principle of arbitration upon the pending
differences arising out of the late civil war,
provided an agreement can be come to as to
the points to which such arbitration should
apply.
From the London Times, JGnuary9.
1t is with hearty satisfaction that we record
the friendly overtures made by her Majesty's
Government 10 that Of the United States Lord
Stanley, as we announced yesterday, has in
structed the British Minister at Washington to
propose q resort to arbitration on the differences
arising out of the American war, and from the
language in which this decision has been made
public by the Foreign Office, we may infer that
recent communication from Mr. Seward
paved the way for its adoption. 1t Is
POW for the Government of the United States
20 say whether they will accede to the principle
of arbitration, the precise terms and subjects OF
which are properly reserved for subsequent dis
cussiOn. Upon the latter point we cannot anti
cpate that any serious difficulty will be found.
OF course the depredations of the Alabama are
the real sources of dispute, and the great ques-
tion for the arbitrator will be to what extent If
| any, Great Britain is responsible legally or
morally, under circumstances TO be duly set
| forth in the case, for the consequences of her
escape from the Mersey. The law officers of
the two countries, if they could meet for consul
| tatIon, would probably succeed within very
few hours, in framing a statement perfectly
| satisfactory to both. There IS, indeed, no con-
| lroversy about the facts; the controversy, is
| about the principles which should be applied to
| them. Here the amplest discretion should,
! upon every ground be left to the arbitrator.
The object is not to obtain Judicial determina-
ton OF q legal doubt, but TO brlng about an
| nh bptWpnn innocent
| parties, who, beng nations and not individuals,
have no common superior. So long as
| the construction Of our Foreign En-
| lstment act was before the Law Courts,
| it was inevitable that especial stress should
| be laid on the legal aspect of the claim
| preferred by the United States; when II once
comes before the arbitrator it is the moral
| aspect which should prodominate. Municipal
| tribunals are governed by precedent, even in
matters involving national interests, not be.
| cause precedent is soundeT guide than prin'
| cples of Justice but rather because an adhe-
renee to precedent is the only safeguard against
| partiality and the only security for uniformity
| of decision. This reason Is maDiiestly inap
plicable to the adjudication of International
differences by a sovereign power. Such pro-
cecding is more analogous to the intervention
of peacemaker between two friends who have
disagreed than to any ordinary litigation. The
supreme end of a legal judgment is that it
the supreme end OF international as OF privase
mediation, is to effect settlement which can be
accepted on both sides with honor,
Will Lord Stanley, however, be supported by
public opinion in making proposal all but
identical with that which Lord Russell declined,
ana Iherepy mourning the risk oi refusal from
the United States We venture 10 believe that
he will. and further, that his moral courage in
: taking course repugnant TO a false but plausi
Bile sentiment of national dignity will be re
! warded by success. 1t should always be remem
bered that Lord Russell's first reply to Mr.
| Adams was the conclusion Of an elaborate cor
respondence on our alleged liability for injuries
: inflicted by the Alabama and her cOnsorts
/ That correspondence was conducted almos
3 exclusively upon the narrow basis Of al