The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-19
A New Botheration for the Be-
fuddled Senate.
Tht Publication Of the Protocols in the Herald
Another Source Of Grief.
Senatorial Opinions Regarding
the Treaty.
Prospects of Its Being Amended Out
of Existence.

brought before OF the Senate for contempt in
not divuging the source IRON which tney obtained
she ueaty. MesIs. White and Ramsdel OF the
tribune were finally committed to the custody OF the
6ergeant.atA Arms, 10 be Kept in close confinement
until they shoald signify their Willingness
10 answer the questions which they had respectfully
declined to answer, FIRST committee and after.
ward TO the senate. The curiosity concerning the
source from when the treaty came is increased by
the publication Of the protocols IN the HERALD OF
yesterday. senator Sumner suggested that the
case against the HERALD was stronger than that
against the I7toune, and " newspapers we're 10 be
A,vsgTisED IN THIS WAY,
Ae claimed something OF the advertisement for the
HERALD. The whole proceeding WAS regarded IA Q
ridiculous farce. senator Carpenter stated yester.
day that n the committee were allowed 10 pursue
their investig cations IL believed from informa.
non in their possession The source from which the
treaty came oond be traced to a Senator The ri.
WOB are that suspicion points 10 either
MORTON cosHLIsG OR CHANDLER,
As II IL known that these Senators as well ns
sumner and most OF the members OF the Foreign
Relations Committee, received advance copies Of
the treaty from the State Department. Bot The ap-
pearance OF
THE PROTOCOLS THE HERALD
seems to make confusion worse confoundedn and
nobody seems 10 know where to look for the source
from which these secrets were obtained. The pro-
iocols OF the discussions attending The negotiation
Of the treaty, gwen exclusively in the
HERALD, is sufficient proof OF the
absolute correctness OF the HBRALD's Washington
correspondence in the Information given from time
10 time since the organization OF the Joint High Com
mission OF the proceedings OF that body.
ference to the HERALD's MES VIII show that all the
subjects discussed by the Commission, the order IN
wi ictf havxu fuLa ma pp.va,
suits arrived at given TO the public specially
by the HERALD az the events raGspfed, aud the de-
pials al the time by
So-CALLRD OFFICIAL ORGANS
are now shown 10 have been in utter violation OF
the facts. So fully did this correspondence detail
all the proceedings as The negotiations progressed
inat the publication OF the Official synopsis AFTER
wards and the text OF the treaty itself,
found the public already in possession OF the
Information. The first announcement also OF the
agreement to create the Joint High Com mission was
made by the HERALD as also the fact that the Bril-
iish government had consented 10 give the United
states the freedom OF the fisheries upon any terms
we might be disposed TO oaer, and that Canada
would not be permitted TO refuse It's assent. The
Canadian papers at the time quite indignant nc
the HERAI.D's news and denied that ~ correct.
NO definite propositions 10
AMEND THE TREATY
have yet been presented IN the Senate nor has
there been even general discussion on Its merits
Senators siill examining It's various provisions
u Is, however, known that many amendments VIII
be offered. the pnrport OF which may be gathered
from the STATEMENTS already made Ia these
Dispatches
The amendments will look 70 more definite
phraseology an alteration In the arrangement re.
gariing the Alabama claims, to an express state.
ment Of the British claim II not TO the striking out
OF the article recognizing these claims; to change
In the fishery propositions expunging the freedom
In our markets OF Canadian caught deep sea Ash
and nsh OIL, 10 the striking out OF the provision
Tor Joint commission looking to giving
Canady money equivalent In addition for the
freedom Of the Inshore fisheries, 10 amendments A.
TO equivalents for the Of the Canadian canals;
and lastly, TO the leaving the san Juan boundary
question 10 arbitration Although II is known that
all these various amendments Will be offered and
pressed with vigor, yet the impression that the
senate win ultimately ratify the treaty a IL came
from the state Department. As the debate
has not yes really commenced, however, and
the arguments and Investigations have
some effect. II mus. be understood that
the impression as 10 the ratification OF the treaty
rests upon mere individual snrrnise and the great
desire 10 accept the arrangement its Ia found that
the sngulary involved structure OF the whole treaty
and the indefinite language OF some OF the most i'm.
portant provisions are sufficiently understood by
both governments rs 10 leave no room for future
misunderstanding 10 their meaning ana
the very boundary question, 80 long \ matter
Of misunderstanding between the two oountries
who cannot agree 10 the construction Of the
treaty Of 1sAs The subject II IL said proves the
necessity Of endeayoring to understand what y
treaty really means before II Is ratified.
TUE PROTOCOL,
for some cause. has not been drawn up In the usual
form. Instead OF presenting the discussions and
points OF each days deliberstion OF the Commits.
sioner, II Il little better Than meayre sketch
written from mere recollection, present
Ing rather the results than nat analysis
of the discussion which led those re-
suits. II Is regarded very unsatisfactory.
IN many respects and rejecting very little credi,
upon the secretaries. The protocol states that the
merican Commissioners proposed The new rules OF
public law which were hnally accepted by the Brit
ban SIDE with protest mat they were not the law
wnen the Alabama claims arose. but that they
were 10 he considered retroactive 10 the extent
that the arbitrator should determine them 10 ne ap.
piicable TO the II believed that analln.
Gallon may have the effect Of defeating The proio-
co-reis~active eject OF the provisions. because II
Is said n will be Impossible for the arniirators 10
adjudge England responsible for acts which were
according 10 The English view, perfectly lawful;
and this, aside from the other considerations that
Ibe rules hold government liable for
WANT or DuE pttIsgsCR
only In preventing Inc departure FROM lie iursdic
hons ~ vessel specially adapted for war pu rposes
The British government holds that II did exercise
all the diligence possible under the law,
ana also At maintains that the Ala
bama was not fitted out within ite jurisdictions
an a vessel specially adapted for war purposes.
Many Senators believe that under the new rules OF
law the arbitrator viii be compelled 10 nnd that
England ~ not liable for q dollars worth
~ damages by the Alabama or any
other OF The Confederate vessels The
new rules they say weaken instead of
case, Tor they Darrow the question
down TO proving negligence. aud that the vessels
werc Gued out IN British ports, specially adapted
Tor warike use. n the United States fail In proving