The Portland daily press., 1869-04-17

PORTLAND.
Saturday Morning, April II, 1869.
Our Claims ON England.

Our Claims ON England.
MIR. SUMMERS SPEECH.
we give the subjoined extracts from the
speech OF Senator Sumner, in the Senate. on
Iuesday, IN opposition to what is known as
the Alabama Treaty. he said in his opening
| remarks:
l Deneve that in the interest of peace
| Wnlcn every one should have at heart. tbe
treaty must be rejected. A treaty which. in
Steau Vi removing an existing grievance
leaves II ior heart-burning and rancor, cannot
De CONSIDERED settlement of pending ques-
tlons oetWeen two nations. 1t may seem to
setlle tnem, out does not. 1t is nothing but
Snare. And such is the chat acter of the
treaty now before us. The massive grievance
under winch our country suffered for years is
| leu uItoucned; the painful sense of wrong
| planted IN the national heart is allowed to re.
mann. FOR all this there is not one word OF
regret or even of recognition; nor is there
| any semblance of compensation. 1t cannot
| pe Ior tne interest of either party that such a
treaty should be ratified.
| THE CHARACTER OF THE TREATY.
The treaty has for it's model the Claims
Convention of 1858. To take such a Conyen-
ton as model was strange mistake. This
Oon1cntion was 1Or the settlement of out
stanuing claims of American citizens on
Great britain, and of British subjects on the
Unlteu States, which had arisen since the
treaty OF Client in 1915. 1t concerned indi-
viduals only and not the nation. 1t was not
IN any respect political; nor was it to remove
any sense of national wrong. To take such a
convention as the model for treaty, which
was to determine a national grievance of
transcendant importance in the relations of
two countries marked on the threshold an in
senslblllty to the true nature of the difference
TO pe settled. AT once ii belittled the work to
An inspection of the treaty shows how
rom beginning to end it is meIely for the set
tlement OF individual claims on both sides.
putting both patches on an equality-so that
the sufferers by the misconduct of ENGLAND
may be counterbalanced by British blockade
runners. 1t opens with preamble, which,
instead OF announcing the unprecedented
| question between the two countries. simplv
| refers to individual claims which have arisen
since lo53-which was the last time of SET
tlement-some of which are still pending and
remain unsettled Who would believe that.
under these words of commonplace was con-
cealed that unsettled difference which has al
reaay SO deeply stirred the American people,
and is destined until finally adjusted to occu-
NSSN%AeAOAt
The treaty not merely makes no provision
| TOR the determination of the great question.
but 1t seems to provi1e expressly that it shall
never hereafter be presented. The petty pro-
vision for individual claims, subject to a set
| OF from the individual claims of England. SO
that in the end our country may possibly re-
celye nothing, is the consideration for this
strange surrender. borrow term from an
English statesman on another occasion. if I
call it "capitulation." For the settlement
OF lew individual claims we condone the
original, 1ar-reaching, and destructive wrong.
There is no provision for the real question.
which, though thrust out of sight, or declared
to be finally settled and barred" according
10 the terms OF the treaty, must return to
plague the two countries. Whatever the
treaty may say in terms, there is no settle
ment in fact, and until this is made there
will be constant menace of discoN Nor
can 1t be forgotten that there is no recogni-
ton OF the rule of International duty appica-
bic to such cases. This, toe, is left unsettled
While doing SO little for us the treaty
makes iample provision for all known claims
on the British side. As these are exclusively
individual they are completely covered by
the text, which has no limitation or excep-
ton. Already it is announced in England
that even those of Confederate bondhoiders,
are included. l have before me an English
journal which describes the latter claims as
founded on Immense quantities of cotton.
worth at the time of their seizure nearly two
shilllngs pound, which were then in the
legal possession of those bondholders :" and
the same authority adds, "these claims will be
brought, indiherently with others, before the
designed joint commission whenever it shall
sit" From another quarter I learn that
these bondholders are "very sanguine of sue
cess under the treaty as 1T Is ac0rded. and
certain is is that the loan went up from O to
lO as soon as it was ascertained that the
treaty was signed. / doubt if the American
people are ready, just now to provide for any
such claims. That they have risen in the
market is an argument against the treaty.
THE CASE AGAINST ENGLAND.
Passing from the treaty, l come now to
consider briefly, but with proper precision.
the true GROUND of complaint; and here again
we snail see the constant inadequacy OF the
remedy now applied. 1t is with reluctance
that l enter upon this statement, and I do it
only in the discharge of duty which cannot
| be postponed.
Close upon the outbreak of our troubles.
| just one month after the bombardment of
Fort Sumter, when the rebellion was still un-
developed, when the national government
was beginning those gigantic efforts which
| ended SO triumphantly, the country was
| startled by the news that the British govern
ment had intervened by a proclamation.
which accorded belligerent rights to the reb-
| els. At the early date when this was done
| the rebels were, as they remained to the close,
without ships on the ocean, without prize
courts or other tribunals for the administra-
| ton of justice on the ocean, aUith0ut ana OF
those conditions aohich are the essential pre-
requisites to such a concession, and vet the
1 concession was general, being applicable to
the ocean and the land, so that by British fiat
they became ocean belligerents as well as
land belligerents In the swiftness of this
bestowal there was very little consideration
for friendly power; nor does it appear that
there was any inquiry into those conditions
precedent on which it must depend. Ocean
belligerency being 'fact," and not "prin.
ciple," can be recognized only on evidence
showing lis actual existence, according to the
rule, first stated by Mr.. Canning and after
wards recognized by Earl Russell But M
such evidence was adduced; for it did no
exist and never has existed.
Unfriendly in the precipitancy with which
it was launched, this concession was more un
friendly in substance. 1t was the first stag
| in the depredations on our commerce. Hat
it not been made no rebel ship could hay
been built in England. Every step in he
building weuld have been piracy. Nor coul,
any munitions of war have been furnished
The direct consequence of this concession
was to place the rebels on an equality witt
ourselves in all British markets, whether q
ships or munitions of war. As these wer
open to the national government, so wer
they open to the rebels. The asserted neu
ira ity between the two began by this tire
mendous concession when rebels, at on
stroke, were transformed not only into bellie
erents but into customers.
In attributing to that bad proclamation thi
| peculiar influence, follow the authority {
the law lords of England, who, according t
| authentic report, announced that without
| the fitting out of a ship in England to cruis
against the United States would have bee
| an act of piracy. That England became a
| ''arsenal" for the rebels we know, but thj
could not have been unless the proclamatio
had prepared the way.
The only justification that I have hear
for this extraordinary concession, which un
leashed upon our country the furies of fol
eign war to commingle with the furies of re
bellion at home, is that President Lincoln un
| dertook to proclaim q blockade of the rebe
ports. By the use of this word blockade
the concession isivindicated. Had Presiden
Lincoln proclaimed closing of the rebe
ports, there could have been no such conces
sion. This is mere technicality. Lawyer
might ball it an dpeT juriS; and yet on thi
sharp point England hangs her defense.
The British assumption, besides being OF
, fensive from mere technicality, is inconsisten
with the proclamation of the President, take
as a whole, which, while appointing block
ade. is careful to reserve the rights of soveI
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