The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-08
I-c sO,aS .Iish Commission-The New
Treaty With Great Britain.

We learn from our Washington special cor
respondence, published this morning, that the
members Of the Joint High Commission, hav-
ing practically concluded their labors, will to-
day formally affix their signatures to the
convention they have agreed upon for the
adjustment of the questions pending
between the United States and Great
Britain. We congratulate the Commits
sioners upon the speedy termination
of the difficult and delicate task committed
to them We congratulate the people of the
United States, as we'll as the Canadians and
our friends across the ocean, upon the pros
pect of speedy and satisfactory settlement of
all questions which are calculated to cause
continued irritation. 1t remains, however, for
the Senate and the people of the United
States to confirm or condemn the basis
of settlement proposed by the Commission.
In England the action of the Ministry is final,
but in this country the genius of our institu-
tons requires that the convention, in order
to have effect, shall receive the approval of
the people. Unless the conclusions the Com
missioners have come to are satisfactory to
the general sentiment of our citizens, all the
discussions and deliberations of this Joint
High Commission will be futile.
The Senate will meet in executive session
on Wednesday next to receive the report in
the form of treaty, that will then be sub
mitted for its action. The custom is TO keep
the terms Of treaties confidential until they
shall have been finally disposed of by the
Senate. During the consideration of the
questions before the Commission we have,
from time to time, presented the points at
issue, and we have now what is
understood to be the essential features of
the style Of settlement agreed upon.
However, we are not disposed to criticise this
convention until we have the complete text
before us, which we hope soon to have, not
withstanding the strict injunction of secrecy
imposed upon every person who has anything
to do with it. So far as we are enabled now
to Judge we repeat what we have said
heretofore-namely, that this commission
has actually settled nothing, but rather pro-
vides a plan by which other commissions or
courts to be created hereafter may conclude
final settlement
The most important provision in the treaty,
as it is understood, is the enunciation as a
principle of public law, which it is expected
will be accepted by the great Powers of
Europe, that a country is responsible for
depredations committed on friendly power by
vessels equipped in the ports of a neutral ma
ton. In order to cover the case of the
Alabama and the other Anglo Confederate
vessels which preyed upon our COM
merce during the war, and which are
alluded to by name, it Is proposed
to make this principle retroactive.
This is much more than England condescended
to do in the Johnson Clarendon Treaty, which
was so unanimously rejected by the Senate.
In order to adjudicate the claims
court, to consist of five members, is
to be appointed. The President Of the
United States, the Queen of Great Britain,
the Emperor of Brazil, the King of Italy and
the President of the Federal Council of Swift
zerland are each to select one member of this
Court of Claims. All claims Of citizens Of
both countries growing out Of the war
are to be submitted to this tribunal. The
dispute ABOUT the Northwestern water
boundary Is to be referred to the
President of Switzerland, who is to decide
distinctly which channel shall be the boundary
line; and from this decisionthere is to be no
appeal. The fishery matter has been adjusted
by re-establishng the clauses in the Recipro-
city Treaty of 1854, giving certain recpro-
Al riohfo %D
can fishermen, and by providing for
restricted trade arrangements, as well as
the payment to Canada OF round sum of
money, in place Of the more general reciprocity
Of trade provided for in the treaty of 1854,
and which has been repealed. Provision is
Commissioners, whose duties are defined.
The free navigation of the ST. Lawrence river
by American vessels Is conceded, and as
necessary consequence freedom is given to use
the Canadian canals upon the payment of the
same tolls as are imposed upon Canadian ves-
sels Heretofore cause Of complaint has
been the high rate charged American vessels,
while the tolls charged Canadian vessels were
very low. This invidious distinction was
short-sigh...ccdd policy on the part Of the
Canadians, for without the patronage Of
American vessels the construction Of the
canals of the st. L wrence would have been
disastrous speculation.
These are briefly some of the salient points
Of the proposed adjustment of the outstanding
questions between the United States and Eng
land The impression prevails in Washington
that the required two-thirds majority will be
secured to carry the treaty through the Senate.
It is probable, however, that it will have to be
amended in some particulars before II will be
in shape to receive the sanction Of the Senate