The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-25

Their Liquidation by Our Government and
En.isad Looked 10 for a Reimbursement.
WASHINGTON, Jan. 10, 1871.


En.isad Looked TO for Reimbursement.
WASHINGTON, Jan. 10. 1871.
TO THE EDITOR OF THE HERALD
My opinion having been asked relative to the
probability oil the alabama claims' being paid by
our government or that of Great Britain, reply as
follows:-"The question Il one which wiser men
would find difficulty IN answering and their embar-
rassment would probably increase with their study
OF a case involved In so many complications If the
losses Tor which demands are on file with the Dc.
parmelt OF state were restricted to the spoiatious
by the Alabama alone, or to her and one or two
other vessels which sailed from British ports thet
erranis OF destruction, 1t would not perhaps be so
dlncult Tor an American we'll informed on the sub
iect to arrive at some conclusion satisfactory u
himself; but when we consider that these 'clams'
embrace the spoliations and captures by more thau
twenty Confederate vessels, 1t becomes matter OF
very great labor TO investigate, even quite superb
caly the circumstances OF ALL in order to estimate
&c pure the extent OF Great Brian's liability; for
something more is necessary than the mere fitting
out and SAVING OF predatory ship from the por, OF
neutral government to attach responsibility Tor
her depredations and 1t becomes one government.
IN exercising proper regard Tor the rights o Its
people, not to insist upon construction OF inter.
national law by others which they are unpreparcd
to illustrate by their own conduct In the present
case, to be deemed accountable, Great Britain must
regard OF the character and intended uses OF vessels
permitted to be lifted out and leave port, or con-
nature inconslstent with frisndiy respect Tor the
welfare OF nation In amlty To determine how far
he matter OF Constructing. ittng out and
arming ships which may ultimately be used for
beigerent purposes against friendly people Is 80
difficult a matter as TO exercise the minds OF the
ablcst Jurists, and all governments will be found re-
luctant to conccde responsibility which necessarily
the responsSlty d Great Britain IS materially s
affected by the circumstances under which the
several depredating ships lett her ports and 1t Is
equally evident that while she may be legally and
morally responsible for spoliaons 10y several ships,
such liability cannot be determined for that reason
to attach TO all cases OF spoliation which may have
on its own merits II a settlement for these losses
should be eiectei by and between Great Britain and
the Individual claimants II would naturally be ex.
able counsel and satisfactorily established by proof
procedure necessarily involving great cost and
must incline some rather 70 forego the prosecution
OF tner demands than incur the charges Of their coli
and paid these demands would have e''' 5as
little trouble and incur but small charge
in presenting the claims with the evidence
and be prepared to give general acqnltance on
such priuclpies as would be mutually satisfactory.
ment arising IN the amount Of drawback which
might be deemed allowable for valid claims OF
British subjects against the United States, unless
they should be previously PROVIDED for; for it cam
not well be disputed that such claims, growing out
OF the rebellion exist; and do not believe II 1t
were practicable to establish TO the satisfaction OF
botn governments the precise amount OF their &C.
countablity to our people On the score Of tho Ala
bama claims, as well to British subjects on
other grounds, that the Brush authorities would
venture to pay the former without assurances that
the valid CLAIMS OF England would be respected in
truth, for reasons which need not be expressed, /
am inclined TO believe that Great Britain VIII not
government on terms other than such as involve q
general settlement reciprocaly OF personal de-
mands lam quite sure our government would not
IN n nov
ment OF foreign claims without providing lor tie
liquidation OF foreign dues TO American citizens; aad
willing to concede to others. The subjects OF
one government have equal claims upon another
whereby they nave suffered loss with Its own citi-
zens-and this affords the only apology Tor our gov
eminent having paid SO many hundreds OF thou
the rebellion for war claims accorded by our Admit
rally Cours-and only on TINS principle have che
OF the case, the policy Of this government hayng
preclu0eu the hope OF successful application by
Emitted Siares claimants to Great Britain, II appears
to me quite proper Just ald reasonable that IN nc
cOrdance Win the Presidents recommendation, our
government assume, adjust and pay these CLAIMS,
ana thereby not only give an earnest OF It's con-
fdence IN their justice, but substantial evidence
that they look for their settlement by Great Britain
Having paid them, our government may ,nclude
them in larger demand without prejudice 10 the
claimants. Ii these claims IN their present uIycer.
tain state, have to await the acknowledgment OF
Great Britain, our government doing nothing 10
establish their amount and justice, their owners
International, like other law, Is determined ~ pre-.
cedents and the opportunity now exists Tor two
affecting the world at large, and OF much greater
con sequence than the sum involved in the aggtcsac
Tne bill recently Introduced In the House Of Repre-
sentatyes by MIR. Buiiluton OF Massachusetts, is
Intended to carry out the recommendation OF me
President IN his Message. II contem,laes the sa,it
Ing and assuming OF the damages caused by tie
Alabama. Shenandoah, Florida aud the Georgia.
cruisers III particular. These vessels the only
ones that were built In British ports. In me John.
sonC Clarendon treaty the whole class oi claims was
known aud understood "a the Alabama claims; buI
an examination oil the correspondence ilsoN thai
to De .neudcd. In ar BnG,nton's biI,yhc four sss
ses are particularly Included. The liability OF Eng
land for losses by these vessels mas not rest the
same ground In each case; out inat they are llaba
Tor THESE Losses our government has always main-
tanned. As to the Alabama, there was gros. ncsli-
also in the case OF the Florida. In regard 10 tue
case OF the shenandoah and Georgia tno negligence
was not 40 gross. 1t may have been aincnll 10 oh
tain exact information that these vessels were
tended Tor the Confederate governmen, but that
they were so intended was fact q common runlor.
English liability In regard to the damages caused
by these vessels was made certain when She allowed
them to come into her narbois TO obtain supplies
therein and 20 out therelrom II they had been
legally equipped Confederate vessels.
1t was ncr unidentified duty to have detained ail
these vessels Whenever they came into her ports
The shenandoah burned about twenty whale ships
after she hai been into Melbourne aud reitted. sup
pied with GOAL and increased her crew-al this
Consul.
-. .ntico St",es h's ut"ays ucu,uneu cohiicii-
saion for oil these vessels. Let tlls bill be passed
anu let the commisson determine the amount a.
these damages; let the Secretary Of the Treasury
issue bonds to the CLAIMANT, and before they ma.
lure thcy viii he PAID principal aul iatefesi, 10y
Great Britain.
The claim having been paid by the uuIted STATES
the government ON nave iul control oil then, aaa
use hcm ~ II rlea-es, either 20 satisfy claims wioh
the ct!2eiS o. Great Britain nave against the Cateu
states or 20 buy more land; but We believe how
ever, that Great Britain VIII pay The fil amount u.
SOON A. Il Is delefm ned aud assumed ~ The United
Nt4tc-. fnu no chance remains 10 settle Mili IN
WI al caiaiants. Very truly yours,