The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-18
The Alabama Claims.
fFrom the London Times. Dc,


We had occasion to congratulate the public the
other day upon the unqualified assurances given by
the arrangement he had erected with Lord Stanley
He told us that the disagreements between the two
countries chad been so completely dispeled that
there was not the rem0tes probability that any diff
culties, serious or otherwise, would ever recur"
There can be no doubt that this assurance Is sub
stantially correct. We may remind our readers Of
the terms OF the convention which Lord Stanley and
Mr. Johnson concluded. commission would be
appointed, In which the two governments would be
claims arising out OF the late war; with some other
matters of similar nature, would be referred. But
with respect to the most important OF these claims
those which were occasoned by the Alabama-a
prior question had to be considered. The English
government have commended, in opposition to that
or the United States that we cannot lawfully be held
liable for the depredations OF that ship. The Ameri
can government assert that there Is case against
us in international law, and we have pleaded ''not
guilty.o This preliminary question was considered
OF such Importance as to demand a reference to a
more authoritative tribunal, and It was agreed,
tion Of the King Of Prussia. In the event OF his
deciding that we are not liable for the acts OF the
Alabama. all claims on the score OF that vessel
would fall to the ground; but il he decided against
us, the commission would consider the reclamatons
OF American merchants In detail Such were the
material points PM OF the AND we oe heS
made acquainted with the arrangement a message
was received by Mr. johnson, through the Atlantic
telegraph, stating that "the claims convention was
approved. Subsequent messages were received
through the same agency suggesting some slight
emendations. At the last moment however, pro-
po5al has been transmitted by telegraph for more
serious modification. Mr.. Seward suggests that the
primary question Of our liability for the escape and
consequent depredations OF the Alabama should be-
referred not to the King Of Prussia but to the same
commission as will consider the points Of dispute IN
detail 1t will be felt that this IS proposal to which
The commission contemplated will. OF course, be
composed Of good lawyers, who are perfectly capable
OF applying to particular cases the recognized prnc
pies OF international law; but they could scarcely be
accepted as final authority on those principles.
They Could not be regarded us court OF ultimate
appeal on one OF the most dlfficut questions which
have arisen in this most difficult and, at the
same time most important branch Of law. This
country is charged with having neglected its inter-
NIT the question Of the culpabllity OF great nation
to the decision OF five respectable lawyers We have
q right to demand higher tribunal on such point,
and 1t may be added that we are not the only country
on whose behalf such demand should be
All nations are concerned in the
sesS aw df i ons toa
the Court Of Appeal should be such as to c0mman
the general Difference OF the world. Nor again. is
It AT all unreasonable to say that the two American
Of the proposed commission would proba-
bly, come to the consideration OF the question with
to increase counter biss which might be found T in
the English members. The commission, In a word,
would neither be sufficiently independent nor q
sufficiently authoritative ribunal and to submit to 1t
the preliminary question OF our liability would be
consistent on our part neither with justice nor with
dignity.
As we have already said, we are only discussing
the necessarily imperfect information given by tee-
graph, and further explanation may remove
all difficulty; but twill be seen that If this question
has been seriously raised. the agreement between
the two governments is not yet 30 complete as has
been believed and represented There would seem,
however, to have been some miscOnceptiOn OF Mr..
Johnson's position. 1t was understood that he was
IS fully empowered to represent the government OF
the United States as Lord Stanley to represent our
own government. OF course, any agreement he
might make would be subject to the approval Of the
United States Senate, just as Lord SANKEY'S acts
would be subject to discussion in Parliament. But
we had reason to believe that any arrangement
agreed to BY Mr. Johnson would be accepted and
supported by hts government In this we seem to
disappointed and we appear still to have TO deal
With Mr.. Seward himself. Such q result would be
Unfortunate. Lord Stanley, perhaps IL chiefly to he
ondOled with In being disappointed OF the honor OF
this l0ng-desired settlement before his
ERIN OF Office expired. But the fault Is not his, and
lie must always retain the credit OF having done
verifying TO deserve success. Should the difficulty
70 surmounted, the honor OF the achievement will
70 due TO him. 1t Is unfortunate, indeed, that this
ioubt should have been raised at the very moment
When the Foreign once is changing hands. some
elay must necessarily be caused, and u Is incon-
enient that the threads Of q complicated negotta-
lon should have be transferred ut q critical mo-
nent. Lord Clarendon, on his accession to once,
vii find himself at once engaged In dncult TASK.
lie brings. however ample skill and experience 10
is post and we are confident that he VIII achieve
successful conclusion.
vy,o p.o.li.ut EYers nr sv,a limited Sfafgs and