The New York herald., 1869-02-24

IL would De tne0iorAbl6 that tno two P0wof5 suOutu
virtually stOss up" for decision euch points ~
bility Tor the devastattons OF the Alabama. But
detail On matters OF principle. such as those just
mentioned. we cannot doubt that the c0mmH-
sioners viii avail themselves OF the power conferred
on any two OF them 70 refer the disputed point to
friendly sovereign or governments Is may % AZ
sumed, then. that the principles ON which the deci-
aiOne OF the commission are to proceed VIII 70 aoe-
tied BY arbitration IN tho 0ld-fashioned manner
while the particular claims arising under each win
sionefs themselves. minor clause IN the conven-
tion certainly indicates such purpose. Is v pro-
yided that on ever cese tne commissioners soan
Is not to be supposed that either government would
think OF limiting the discussion or question: for
Alabama which will rule FOR the future. tho law Of
nations. on point o. vital importance and OF ex-
such IS at least the CONSTRUCTION which We are In
clined TO place upon the convention There s another
question regarding its purport and effect raised By
several OF contemporaries which we cannot pass
unn0tlced. Does II or does 1t not c0ncedo the long
contested point OF the Introduction INTO the refer
OF the confederacys We conceive that thia question
cannot become, directly, subject for arbitration.
The convention refers 70 cialms," and America can
not and does not found any "claim' against upon
our alleged excess OF haste In c0ncedng belllgorent
rights TO the srebelsu On the oLher hand, we see
nothing in the convention to preclude the American
advocates II disposed, from mooting the point by
o side wind. suppose the question OF our liability
for the escape of the Alabama to be referred to the
King OF Prussia IL would seem that the Ameri-
can government might instruct its advocate
to urge that our nasty concession OF belligerent
wrongful Il. Sc; that the South was never q beIll-
gerent power, and therefore the Alabama never got
rd OF her English character, or ceased 70 be- what
Yankee journals ofIensively called her ian English
pirate" But we believe that Mr.. Seward was
acuated, In pressing this question. only by desire
ut first to widen his ground OF quarrel with US and
afterwards to preserve the semblance Of consistency
and that 1t will never be seriously urged. In the
frst place, it could be shown that America had
with much less clear and absolute justification.
Next It could be shown. that her own Supreme
Court decided that. before the date or recogni-
tion, the south was belngerent; and that the
government OF Mr. Lincoln acted on that supposi-
ton. Thirdly, 1t would be shown that every
European Power except Russia, acted as we did.
and could hardly have acted otherwise. And
nnally, |; would be proved, that SO far from
injurtng the North our recognition OF the
state OF war rendered It material assistance, and
that contrary course would have either crippled
its operations forced it hostltcs with ali the
Powers which refused that recognition 1t would
also appear that the Interpretation which we put
upon our neutrality IN excluding prizes, was OF
to ourselves All these points are clear that we
cannot think that an American lawyer would choose
70 raise question IN which his government must
appear so iudicrously In the wrong.
What may be the issue OF the arbitr alton on the
and shenandoahMwe viii not attempt to conjecture.
II will depend entirely upon the temper OF mind aud
tone OF thought OF the arbitrator An impartial
two grounds. First that the pla,ntr is estopped
from complaining by his own previous acts and
his ports, not Aiabamas unarmed and without q
crew, but armed cruisers, to prey on the COM
msrce ol friendly States under . oelliserent nag;
and that IN The Russian war his squadrOns
actually protected an Alabama OF his own
from the capture to which II legally liable. Sec
0ndy, that the emission OF an unarmed ship from y
neutral port to be armed before she reaches beili-
gerent port IL ORltssus in the law OF ma
tons and that the rst part OF the transaction. for
which alone we are technically answerable rs occur
ring within our jurlsdiction was clearly innocent.
statesmen comparatively Indifferent to law would
hold that sending an unarmed ship to receive her
armament on the high seas Is virtually sending out
an armed expedition from the neutral port that II
trails government or deficiency In the neural's laws
the neutral must answer IL; and. finally, that what
ever the law may be 1t ought to be such as to pre-
vent the arming OF cruisers anywhere but In the
ports OF the Power which commissions them. We
r e sne sne or @ me
do US justice In the particular case: the latter would
rebound to our future interest the greatest and
most vulnerable OF commercial nations
The Convent Triai-Coutinuation Of the Elk.
animation.
The case before the Queens Bench between MISS
Saurin and the Superioress Of the Hull convent, or
as 1t proceeds more and more interest ON Satur-
day. the 9th INST, as the cr0ssexaminaton OF Miss
Saurin the pIaintli. was drawing to Close IL came
out that when the plaintiff was charged before IN
commission" which resulted In her expulsion, she
was mot allowed to give xplanation OF conduct
as 1t involved charge against either the sisters or
the superior.' An application made IN May last
for copy OF the statements lad before .'ihe
commission had been refused by the bishop
The Lord Chief Justice said that sentence OF
expulsion had been pronounced against the paintifr
upon those statements 'Other evidence" hts
Lordship added there was none, and no person ac-
customed to the administration OF law would cali
them evidence at all. Witnesses were not exam
ined, and the plaintiff had not opportunity OF
making single statement Az y matter OF Justice
the counsel for the paintlr ought to be permitted to
see what charges were 10 be made against her.
Therefore. as matter OF fairness and Justice, they
ought to be produced.r Mr. Melsh, counsel Tor the
defendants, said that he had rather Sergeant Baan-
tine saw ihe statements In question than comment
upon IN their absence and the court adjourned al
three O'Clock to allow copies to be made and handed
10 PLAINTIFFS counsel. On Monday the plalntrs ex
animation was brought to q close. IL had extended
over three days and \ half The parents OF the
plaintiff then went into the witness box In support
Of her case. In the course OF the day It was Incl
dentaliy stated that the hearing OF the case might
last week longer, n not fortnight. Tne Jury made
earnest appeal to the counsel cnrtai the examl
nations.
Drssrucfios Of q Theatre BY Fire.
The London Times OF the sth contains the follow
ing acco'nt OF the burning OF the Hun theatre:-
shortly alter twelve O'Clock Friday night The Thea
tire Roy at Hull found to he on fire. ames having
been noticed Ia the gallery Information or the dis
tion and the hose cart was got out with a. little de-
lay ~ possible. Although the police arrived on the
spot within ten minutes. the names were dartIng
with great fury from oil the upper Windows and the
water thrown on the burning building did not for
two hours appear to result In any dninntlon OF the
nsmss - ess @ snsa y sn n9uT te roof IT, and the
sparks nying on In all drections. This caused the
police considerable anxiety, - foungs Paraffin
eastward Of the theatre and the wind Deing pretty
fresh from the southwest u carried both
aames and sparks towards the parsnin store.
Mr.. Cook. the chief constable, seeing that
nothing could save the theatre, Withdrew two or
three o. the hose, which he kept constantly playing