The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-17

ference held on the Sd OF MAY was read and
confirmed. the High commissioners then pro
ferred to them. The statement prepared By tbs
joint protoc0sts in accordance with the request Of
the Joint High Commissioners at the last confer
Statements articles TO IL. At the conference
a asa on me SIN Of March the American Commits
United states felt that they mad sustained great
wrong. and that great injuries and losses were In
t Sa, by tine course and conduct Of Grea!
i Britian during the recent rebellion 10
as United rsa. han s' au wna her has
during that period had given rise 10 feelings in the
United States which the people Of the United States
uld not desire 10 cherish toward Great Britain; that
the history OF the Alabama and other cruisers which
had been lifted out or armed or equipped, or which
had received augmentation OF force Great Britain
or IN her colonies, and OF the operations oil those
vessels showed extensive direct losses In the cap'
ture and destruction OF large number OF vessels,
penditures In the pursuit OF the cruisers, and
indirect injury In the transfer OF large part OF the
American comm erclal marine to the British nag,
IN the enhanced payments OF insurance. IN the pro-
longation OF the war, aud IN the addition Of large
the rebellion: and also showed that Great Britain,
~ reason OF failure IN the proper observance Of her
duties ;n as q neutral mad become Justly liable Tor
tnat The claims for the loss and destruc-
ton Of private property which had thus far
or lollaIs WITHOUT interest, which amount was
liable 10 be greatly Increased by claims which had
not been presented that the cost 10 which the gov
eminent had been put III the pursuit Of cruisers
ment accounting oaicers; that in the hope Of an
indirect losses without prejudice, however, to
the right to indemnlncation on. Their &C.
count ~ the event Of no such settlement being
that they hoped that the British Commissioners
Would DC able to place upon record an expression OF
regret by her Majesty's government for The depre-
dations committed by the vessels whose acts were
now under discusslon; they also proposed that the
which should be paid by Great Britain to tne United
states ID satisfaction Oh all the claims and the Inter-
The British commissioners replied That her Ma
lesty's government could not admit that Great
Britain had failed to discharge towards the United
ternational law, or that she was Justly liable to
make good to the United States the losses Occa-
stoned by the acts OF the cruisers 10 which the
American Commissioners had referred. They re
MINDED the American Commissioners that several
vessels suspected or being designed TO cruise against
arrested or detained by the British government and
that that government mad IN some instances not
Obligations, however widely Construed, as for M
stance. when 1t acquired at greet cost to the coun
try, The control OF the AngloCmnese notila, which,
United States. They added that, although Great
Britain had from the beginning disayowed any
other vessels, she had already shown ner
ass asaa t relations with ne United
ton, provided that . hitting arbitrator
could be found, and that an agreement could be
apply they Would therefore, abstain from S reply
Ing In detail 10 the statement OF the American Com
missIoners in the hope that the necessity Tor enter
lug upon heightened controversy might be OBJ
waited Dy the adoption OF so fair mode Of Settle
ment as that which they were Instructed to pro-
pose, and they had now repeat behalf Of their
government, the offer Of arbitration.
The American Commissioners expressed their re-
sna ss urner that ~ t tey cosId Do
summit the question OF the liability OF her Majesty's
government 10 arbitration unless the principles
which should govern the arbitrator In the cOnsdera
ton Of the facts could be agreed upon. The British
Commissioners replied that they mad no authority to
agree to Submission OF these claims to an arbltra-
tor with instructions us to tho principles which
should govern In the consideration OF them. They said
That they should be willing to consider what princi
pies should be adopted for Observance in future but
that they were OF opinion that the best mode Of con-
Quoting an arbitration was to submit the facts to the
arbitrator ind leave him free to decide upon them
alter hearing such arguments as might be neces-
Sary. 'r3 LILA
The American Commissioners replied that they
laid down Tor observance in Similar cases IN future
with the understanding that any principles that
snoalu he agreed upon saonld De aea to be aPpiica
The British Commissioners replied that they
could not admit that there had been any VIOLATION
their INSTRUCTIONS ola not authorize them to accede
TO proposal for laying down rules for the guidance
OF the arbitrator but that they would make known
TO their government the views OF the American
commissioners on the subject.
10, March IS and March IL the Joint High Commits.
mission considered the form OF the declaration OF
Comn9sssioners deared to see adopted FOR FOR
the instruction OF the arbitrator and laid down for
the close OF the conference or the 4th OF March the
British Commissioners reserved several questions
S1 ee q tie
soners stated that they were instructed by her Ma
jesty's government To declare That ner MaIesty's
government could not assent to the proposed
rules as statement of principles OF inter-
national law which were in force at the
time wnen the Alabama claims arose. but that her
Majesty's government in order to evince It's desire
OF Strengthening the friendly relations between the
two countries ana OF making satisfactory provision
for tho future, agreed that In deciding the questions
between the two countries arising out of those
claims the arbitrator should assume that her Ma
the principles set forth In the rules which
the American commissioners had proposed
T1.stmTo use due diligence TO prevent the fitting
out, arming equippiIg within Its jurisdiction, OF
any vessel which It has reasonable ground to believe
Is intended To cruise or carry on war against Power
with which 1t Is at peace, and also to use like dill
gencc prevent the departure from its jurisdiction
OF any vessel intended 10 cruise or carry as
above, such vessel having been specially adapted, III
whole or In pari, within such Jurisuicton to warLe
use, .ts-~s- -.-rs -
Second Mot to permit or suffer either begerent
to make use OF It's ports or waters as the base OF
naval operations against the other or for the pnr-
pose oi the renewal or augmentation Of military
supplies or arms, or the recruitment Of men,
7hrdly--To exercise due diligence In It's own
ports or waters, and as to all persons within its
Jurisdiction to prevent any violation OF the foregoing
obligations and duties. II being condition or this
undertaking that these obligations should In future
be held to lie binding internationally between the
two countries.
It Was also settled that. in deciding the matters
submitted 10 him, the arbitrator should be governed
by the foregoing rules, which mad been agreed upon
as rules to be taken as applicable to the case, and
by such principles OF international law not neon
sistent Herewith as the arbitrator should determine
10 have been applicable TO the case;-
Tire Joint High Commission then proceeded to
consider the form Of submission and the Of
constituting tribunal OF arbitration at the confer.
enCcs on the 6th 9Th, 9th. 10Th and 18th OF April.
The JOINT High Commission considered ana dis
cussed the form OF submission, the manner Of the
award aud the mode OF selecting the Arbl
traitors The American Commissioners, referring
TO the hope which they had expressed on the StI OF
March, inquired whether the British Commissioners
were prepared TO place upon record an expression
oil regret ny her Majostys government for the depre
dallons committed by the vessels whose atts were
now under discussion and the British Commission
crs replied that they were authorized to express
friendly spirit the regret felt by her Maesty's