New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-03
THE ALABAMA CLAIMS.

IIE ALABAMA CL-1IMO.
The remonstrance of Mr. Upton of Massa
chusetts. one of the holders of these claims,
presented to the Senate by Mr. Sumner, pro-
testing against the Clagendon-J Johnson treaty
as unjust to the American claimants, is based
upon clear understanding of the meaning OF
the protocol. When We printed the alleged
text of the treaty, brief glance showed that
its provisions were in violation alike Of American
sense and of English grammar; and this last
extraordinary circumstance seemed dimly to
shadow forth a hope that it might be in all
parts a clumsy forgery. But later copy from
the original sent by the President to the Senate,
forbids the indulgence of so pleasing an illusion
The amended text vindicates Lord Clarendon
from the suspicion of having murdered the
Queens English but it does not relieve Mr.
Roverdy Johnson in London. nor Mr. Andrew
Johnson at Washington, from the imputatOn
of having agreed together to sacrifice at once
American rights and American honor.
The bold attempt made by a part of the
press to represent this treaty as triumph OF
National diplomacy, which the Senate should
hasten to ratify, and the American people to
welcome with satisfaction, makes it perhaps
proper once more to scrutinize its provisions,
as set forth in the atested copy, in regard to its
main features-the extent of the claims TO be
decided-and the manner and effect OF the
decision.
First: AS to the claims: they include all
claims on the part of English subjects upon
the American Government, and all claims on
the part of American citizens upon the English
Government, "including the so-called Alabama
Claims" which may have been presented
since July, 1853, as well as any other such
claims which may be presented within six
months from the first meeting of the Commits
sioners whether or not arising out Of the late
"civil war in the United States"
There is nothing in the protocol which re-
stricts the British claims arising out of the war
by any condition as to the attitude or acts of
the claimants toward the United States during
the war, nor as to the nature of the proceeding
upon which the claim'is based; and their claims,
for all that appears, may range over breadth
of territory and q period of time as broad and
long as the Rebellion itself. They may be pre-
fered by British subjects permanently residing
among u.s. or by Englishmen who took the part
of the Rebellion; and they may embrace cases
that belong properly to our courts. They may
include claims for blOckaderunners which were
captured and condemned claims for liens on
cOnfscated cotton; Iclaims for mortgages on.
emancipated slaves; losses by the great cotton
loan, by Southern State war-bOnds, and Con-
federate scrip; losses by the acts of military com
manders, courts martial, and marching troops;
losses by the judgments of Courts of Adj
miralty and Common Law; and damages for
Imprisonment in Forts Warren and Lafayette.
Various claims of like nature may be pre-
ferred by class of Englishmen whose SYM
pathies were all with Slavery and the Rebellion,
and who may eagerly embrace the opportunity
afforded by the Treaty to claim from the
American Government some recOmpense for
the damage done to their incomes their pride,
and their feelings, by the finishing blow struck
at Appomattox, which fell not alone upon
American Slavery, but upon the Roebucks, the
Wharnclffes, and the Lairds of England.
Secondly: For the decision of all the claims on
either side, two Commissioners are to be ap-
pointed by each Government and, if they can
agree as to the person, they are to appoint
fifth as umpire. If they cannot thus agree, the
Commissioners on either side shall name
person, and the umpire shall be chosen by lot.
" Nevertheless" and here comes in quietly a
feature for which the American people were not
prepared, "if the Commissioners, or any two of
them, shall think it desirable that a sovereign
or head of friendly State should be arbitra-
" tor or umpire in case of any claim, the Com
"missioners shall report to that effect to their
" respective Governments, who shall thereupon,
within six months. agree upon some sove-
"reign or head of a friendly State, who shall
=" be invited to decide upon such claim.n II
his decision is in favor of compensation, the
amount is to be referred back to the Commits
sioners for adjudication. Under this provision,
in case the umpire upon whom the two En-
glish Commissioners have agreed, or who has
been chosen by lot, Is one whose decision they
fear as likely to affirm their liability for the
rayages of the Alabama, the Florida, the Shen-
andoah. and the Sumter. or to deny the liabil-