The New York herald., 1871-03-18

ZION has. however, been very dliferent The Amerf-
CANS, Witnout thanking us for our laws, have COM
planned OF our po,lce, and are trying TO make us re-
sponslDe FOR every loss to themselves occasloned by
lmperlectons OF application which In other laws are
OF everyday occurrence. The new doctrine may be
submitted to between nation and nation as on the
whole advantageous to the world but it Is so novel
and doubtful that at the very least IL oud be
strictly construed 1t is very strong thing TO say
that British subjects who, through their government
have c0nstructively committed the alleged wrong,
should De allowed TO claim compensation for its
consequences.
But the great dnlculty in settling the Alabama
claims arises from the practice OF Insurance, under
which all such losses az the Alabama caused are
practically made good beforehand. When the Con-
iederate cruisers began their depredatOns there
were OF course, a certain number OF shipowners,
shippers and underwriters who had made their ar.
rangementS In ignorance OF the danger, and these
appear To be the only persons whose right to com
pensatlon, supposing any right TO exist, can be
Confederate ships were known TO be preying upon
commerce premiums on marine insurance at once
rose 10 the level OF the risk the merchant
lutely SAFE and the underwnter got exactly
what he bargained for whether the ships
risk and was prepared to set or his gains by the
additions to the premiums against his losses by
captare. II Is curious proof OF the compieXty OF
writing OF tae ships captured was probably effected
In England, 30 that there again we have the
anomaly OF British subjects claiming compensation
fora wrong which, II committed was not municipal,
but International. What, however, would be the
position OF the merchant VINO shipped cargo at
New York without insuring2 We lhink our cOrre-
spondent is right IN arguing that the case Is lmpos-
siDle, and that when system or marine insurance
shipper who does not get somebody else TO insure
him, insures himself. He obtains all the advantage
OF the Increased rate Of freight, and considera-
ton lor 1t takes The risk OF capture. lnasmuch
however, as 1t Is Impossible that valuable ships
should be destroyed with their cargoes aud yet no.
nobody should Sufer loss what Is the class that was
really the victim or the Confederate depredations2
Doubtless IL was the American producer in the first
place, and secondarily, everybody throughout the
world wl0 wished to purchase from him. Freghts
rose; IL therefore became more difficult or more
costly to export produce. Produce fell in value
customers OF America had either TO do without II or
to pay more for It, and consequently to use less Of
the depredations OF these cruisers was slightly to
add to the general results OF the Confederate war.
viduais that suierel by these results, and, could
they be Identified, they would probably belong TO
every nation under the sun.
The writer OF the letter suggests that the under
writer might possibly claim anything which the
British government would be willing TO pay as being
in the nature OF salvage But this Is to call IN q
mere fiction, based upOn very doubtful and remote
analogy. Nobody can suppose that the underwater
took INTO account the probability OF future compen-
saton by the British government. on the other
hand, he has not referred to what seems TO US the
greatest dnlculty in the attempt to estimate com.
pensation. No impartial person. be he American or
not, can read the valuable work on British neu-
trailty during the war, published by MIR.
Montague Bernard, now one OF the commissioners !,
without perceivlng that even after the general
admission OF liability has been made by the British
u
In respect OF the various Confederate cruisers For
the acts OF some oi these the British government
cannot by any straining Of public law be made
ansWerable Tor those OF others is no respon
sible taan are several other States. Bat supposng
the payers Of increased insurance to be the persons
who suffered how in the world is the augmentation
OF risk ana consequently or premium to be distri.
Duted, some OF 1t having been caused by ships for
which we are and some by ships for which we are
not assumed 10 be responsible9 2 The only measur.
aole loss was the addition to the insurance against
risk but the risk was increased not by any one Con-
feQerate
IL is extremely possible that, rather than face
these embarrassing questions, the Commissioners
may propose and the British government may agree
to pay lump sum, which may be regarded as the
price OF new international rule which in the long
run may prove extremely advantageous to our
selves. But the American government Will have to
distribute the money somehow, ana the persons who
get II Will have done pretty smart stroke OF bus-
ness; since FAR the greatest number OF them will be
paid twice over for whatever loss they may pretend
to have sustained. Meanwhile 1t is satisfactory 10
have another striking proof that, under the complex
system OF relations which binds the modern world
together, no injury to a belgerent can be confined
10 him. but VIII more or less affect all the families OF
mankind.