The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-20

|
Chandler reeling from the chair of Cass
What lesson of honesty and of truth can be
taught by Washington aud his cherry tree
that is not smothered by Fenton and his mat
| tress !
The Alabama PrOtOcOl-The Case Before
the Senate
BIom The ~. T. times.
The long diplomatic struggle over the Ala
! bama claims is substantially ended. Lord
Clarendon and Minister Johnson have agreed
| upon and signed, in behalf of their respective
Governments, convention for the settlement
of all claims arising between the two Govern
ments since the treaty of 1858; this conven-
tion is on its way across the ocean; and mean
while telegraphed copy has been forwarded
| by the President to the Senate for considera-
tion. If approved by that body, the formal
notifications will be promptly exchanged, and
the treaty of settlement will become binding
| and final.
1t is not too much to say that, upon the
whole, the terms of the protocol are emil
| nently favorable to the United States. Not
| only are they based upon the original instruc-
| tions delivered to MIR. Reverdy Johnson as
| representing the demands of his Government,
| but they contain all those amendments Cor
| counter propositions) made by MIR. Seward to
| the protocol dawn up and signed in Novem-
| ber by Lord Stanley and Minister Johnson, In
| the Department of State has been conceded
substantially in the form in which it was sub
mitted.
The Clarendon Johnson Convention provides
in the first place for a mixed commission to
settle all claims, in place of the foreign arbi-
| tration originally proposed by Lord Stanley.
| A foreign arbiter could in any case have set
tied the general question of liability in the
| Alabama claims, leaving that of specific dam
| ages still to 60 before joint commission. Mr..
Stewards proposition that both questions
should 60 before the same tribunal is now
| substantially acceded to.
In the next place, the convention embraces
in its scope all claims which have been pre-
sented to either Government for its interposi-
tion with the other since the treaty of 1S53-a
provision OF mutual advantage, as settling or
barring all outlying claims in the past and
giving clean slate for the future. In like
manner the Convention of '53 between Lord
Russell and J. r. Ingersoll stretched back
over all unsettled claims between that and the
treaty of Ghent, signed in lSl4-but no
further. The year 1869 will thus be start
: ing point for the next claims treaty of the
future. However, Mr.. Seward has carried, it
seems, after much difficulty, two important
exclusory provisions, whereof the first excepts
from the jurisdiction of the commission all
claims already finally decided by the Admi-
rally courts, while the other excepts all claims,
growing out of the war, of British subjects
faction of the commission. He has also sue
cessfully enforced his objection to the classif-
cation of claims made in the November proto-
col, and has procured that the Alabama claims
shall 60 under the same head with all others,
and be put in the same class.
The next main point carried by our Govern
ment relates to the decisions of the joint COM
mission. This body, as is now well known, is
to consist of four persons, two appointed by
each Government. The November protocol
required an unanimous decision to substan-
tiate the Alabama and Shenandoah claims,
but only majority decision for the others.
This, of course could not be agreed to. The
State Department demanded that the same
rule should apply to all claims; and it further
submitted that majority decision should be
sufficient foreach case. This, with reluctance,
was conceded.
Next came the question of providing for the
case of a tie vote. The Department of State
made the condition, as against the November
protocol, that the selection OF the arbiter by
the two Governments in such q case should
be subject to the ratification of the Senate;
and this is now agreed to. However, if this
last is not done within six months after case
is so reported each party in the commission
selects the name of an arbiter, and the deci-
sion is made by lot. We need hardly add
that the great question involving this point is
most likely to be, whether her Majesty's Gov
ernment is liable at all for the Alabama's es-
cape and depredstons. That settled, all the
rest is palmer sailing.
AS to the minor points of the protocol-the
time of filing, deciding, and paying claims,
the expenses of the commission, the agree
ment for fair and final decision, and what not
these details are common to all similar
diplomatic documents, and call for no com
, ment just now.
, Taking all these concessions, together with
t the change of plau of sitting from London to
, Washington, our Government has reason tc
, be well satisfied, upon the whole, with its
, persistent action in this hotly-contested
l diplomatic struggle. Without seeking to fore
1 cast the action of the Senate, itis yet cleal
that the protracted controversy is well-nigI
over. That auy other than peaceful solu.
| tion could come Of it has been, of course, a
v least since the summer of 1865, preposterous
# Nevertheless, such were the questions of ma
a tional punctilio involved that we may be yer,
y well content that the long drawn affair is prac
Y tcally ended.