The Hawaiian gazette., 1871-01-11

This company lost $32s,Oo upon vessels
insured by them and captured by the
Alabama, and in common with other
claimants, the gross Of whose claims Is
about $4,000 600, had filed their claims
in the State Department in Washington
to be pressed and recovered by the Ma
tional Government.
The negotiations between the American
and English governments, having been
brought to ''pro .fo'7aa :" close, without
any mutual agreement as regards settle
ment; or any reasonable hope that the
private claimants viii at any time obtain
indemnity through the action of their
government; Mr.. johnson advises, as
these claimants "are informed and believe,
that applications made by themselves di-
rectly to the British Government for such
satisfaction will be successful" that they
should avail themselves of this method.
He gives his opinion that the Administra-
tion cannot interpose any legal objection
to the claimants pursuing this course, and
cannot reasonably prevent them from so
doing. He concludes his argument by say
ing: my advice to the underwriters is,
that they withdraw the claims which they
hold from the State Department, and seek
satisfaction from Great Britain. This /
cannot suppose will be refused them, or
that the Administration, if they will con-
suit their law officer, will not be advised
that to refuse would be alike illegal and
unjust" In view of this opinion it is
probable that the Insurance Companies
will attempt, at least, to manage their own
claims; and if they meet with success, all
private claims for losses by the Alabama
will follow in the same course for settle
ment, freed from the disputed points of
international law, or politicafcomplications
that have been mixed in the negotiations
between the Governments thus far.
In his account of the abandoned nego-
tiations, Mr. Johnson asserts that the
whole scope of his instructions, as well as
that of his predecessor, Mr.. Adams, was
to obtain payment of the claims of private
sufferers only; and that under the Con
vention concluded with Lord Clarendon on
the 18th of January, 1869, he has no doubt
that all the losses would long since have
been fully discharged"
He says also, that claims for public dam
ages, though set up after the Convention
had been concluded, were proposed by
him to Lord Clarendon for adjustment by
supplementary Convention, and the pro-
position had been favorably viewed, and
would have been acceded to, if his instruc-
tions had been modified so as to enable
him to ask such a supplement.
The letter also examines the point that
has been raised, that the claims in the pos
session of the underwriters belong TO the
United States, and that the underwriters
are not entitled to them because they were
satisfied by the premium they received
He claims that under the well settled prin-
ciple of law, that in cases of total loss the
underwater is subrogated to all the rights
of assurance; that neither the original
owners of the vessel nor the United States
have any property in them, and that only !
the underwriters have the right to insti-
tute claims for restitution. The Journal
comments: ave hope the underwriters
will seek satisfaction from Great Britain
direct, and so put the bothering Alabama
business on the road to at least partial