The New York herald., 1871-03-03
NEW YORK HERALD FRIDAY MARCH s. lsn-TRlPLE SHEET

involved could reason % cooly as lawyers when
setting compromise for their clients; and In est
mating Quasijudicial decision, such as the Joint
Commissioners can pass, the nations can keep cool.
And above all and before all the Commissioners are
better able than diplOmatsrs TO travel little out OF
the record, and suggest. ~ private individuals SO
often do, q compromise for the sake OF peace. which
looks irregular or even absurd but which neverthe-
cess.on more consistent with the rigor of the law.
The London Shipp,ng and Mercantile Gazette OF
the 18th ult thus treats the subject-"An Anglo
American Commission will shortly meet In Washing
ton 10 enter upon duties as important as have ever
been imposed In modern times upon delegated
body. The questions To when the attention OF the
Commissioners Will IN the first instance he directed
are the Alabama and Shenandoah claims and the
Canadian nsheres. These are questions OF great
moment, no dOuDt--happiy, as we believe, OF no
great df1culty-but they by no mean exhaust the
category Of questions outstanding and unsettled be-
tween TINS country and the unlied States. There
are, besides the claims OF shipowners merchants
and Underwriters III this country who have Iered
bS the seizure Of their property Dy the federal land
forces ana the FEDERAL cruisers, and from the heavy
expenditure enalied upon claimants In the federal
prize courts Passing from claims originating with
tne civil war, there are the questions OF the San
Juan boundary, about which u few years since we
had some warm correspondence with the Cabinet OF
Washington; Of the policy Of the American govern
ment IN respect TO Central America aud the West
Indies, and last. not least, the question or the
American tariffs. the American coasting trade aud
the inland navigation OF the States. There Is no
reason, so far as we can see, why an understanding
should not be arrived al on all these questions by
the present Commission. A great deal viii depend
ers discharge their functions. Orr friends across
the Atlantic are more sensitive than is generally be-
leved, and they have not we fear, been treated by
our dIpomatists at all times with the consideration
to which they are justly entitled ana which the gov
ernmentS Il Continental States invariably receive
at the hands OF our Foreign Ministers. We have
never believed that the Alabama claims presented
OF themselves any formidable difficulty but 1t IS
just the question which, Improperly handled might
lead TO u serious misunderstanding. The Ameri-
cans know very wen that they have at all times in
sisted upon their right, as neutrals, TO deal
with belligerents IN oil articles, ships IN
cuded. They are not so unfair az 10 deny 10 uS
the exercise OF right which tney claim ior them
selves. We say. therefore that, the foundation of
these claims not being sound the claims themselves,
when they csme 10 be examined dspassionately be-
fore an international commission, must abate. The
fisheries question, II carefully examined, Will DO
found to DE somewhat more complicated and to pre-
sent somewhat unexpected feature. IL is quite
true that the Treaty or 1918 reserves strictly the
three-me limit To the British fishermen. IL Is also
true that American fishing vessels have been found
OF late and In many Instances, within these limits.
This will not ne denied but the Americans contend
that the offenders had brought their vessels IN Tor
repairs or sneter anu WhcD, under the rst article
OF the Treaty OF 1878, they have right to do. to say
nothing OF the rree access To British ports accorded
to American vessels In common with those Of all
other nations II the American fishermen, there
fore, who have been caught within tne three nile
limit could show that they had entered for repairs
Or shelter, that would be good answer to charge
OF violating the treaty. This Is point which seems,
up to the present time, to have escaped those
who have discussed this fishery question. IL has,
probably, been lost sight oil in the excitement which
the repeated invasons OF the fishery limits, and the
the treaty. have created. Perhaps the strongest
feeling which has been thus elected ls on the side Of
the Canadians: but as they will be fully and ably
represented on the Commission, II may be hoped
that satisfactory adjustment may be arrived at,
and the whole question OF these fishery rights
placed upon an ineligible and proper footing. We
do not believe, and we never have beiieved, thar
there Is any intention on the part of American
statesmen to sanction disregard OF treaty obiga-
tons and attempt TO assume territorial rights which
appertan to the British The claims of British
subjects whose property was seized or destroyed
during the war need present no difficulty. Once the
right TO compensation is conceded, the rest Is
merely a question OF amount. The points OF
difference which may arise respecting terri
tory ought not at tins time OF day to involve
in the West Indies than we can turn 10 any
account; and II we were to hand over the Bahamas
group TO tho States for q proper equivalent, we
should be getting rid Of q useless annual eXpendi-
ture, and we should confer an obligation on the
Union which would render other concessions to
British interests matters of certainty. The opening
oil the American coaSting and lake trades Is, no
doubt, large question: but IL Will not now be dis
cussed Tor the first time. Every enlightened politI-
clan In the States knows that the adoption OF this
policy is Ike the reduction and eventual abolition
OF import duties but question OF time. How far
the Commission may be authorized to treat remains
imated last night by Lord Enfield, 10 the discussion
OF the points of difference at present existing be-
tween the TWO countries, with q view 10 ascertain
ing how they may best be adjusted whether BY
arbitration or otherwise These powers must be
extended II the Commission Is to nave the desired
result and produce the International benefits which
may Cow from Its labors II properly directed.