The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-08
Thu high COMMISSION.
Proposed Adjustment of Our Differences
With Great Britain.
NATURE OF THE INTENDED SETTLEMENT.
The New Principle Of Pub
lie Law.
The Alabama and the British Claims to De
Referred to an international !l lll G Commission,
The Northwestern Boundary to BE
Decided by Switzerland.
RECIPROCITY AND THE FISHERY QUESTION.
>~N~>>~~~~~~~o>>~~~~~~>~
Free Navigation Of the st. Lawrence
and Tolls on the Canals.
~>~~~~~~~~~~~~~~~~~~~~~
SENATOR SUMMERS POSITION.
Speculatfons Concerning the Ac-
ton of the Senate.
The Northwestern Boundary to BE
Decided by Switzerland.
RECIPROCITY AND THE FISHERY QUESTION.
Free Navigation Of the St. Lawrence
and Tolls on the Canals.
SENATOR SUMMERS POSITION.
Speculations Concerning the Ac-
ton of the Senate.
WASHINGTON, May I, 1871,


WASHINGTON, May 7, 1871.
The labors OF the Joint High Commission hav-
ing been brought to close, SO far as their agree
ment upon treaty is concerned, the document
will be formally signed tomorrow, and on
wednesday next 1t will be sent 10 the Senate
Each Senator will be furnished with printed copy.
The document Is not by any means SO long as has
been supposed 1t is understood consist OF thirty
four articles. 1t will be found that the information
as TO the general character OF the treaty as first
communicated to the public in the special corre-
spondence OF the New YORK HERALD, VIII be fully
corrObOrated.
THE ALABAMA CLAIMS.
The treaty does not provide for the payment OF
any sum OF money TO the Alabama claimants, but it
enunciates as principle OF public law that coun.
try is responsible for depredations committed on a
friendly Power by vessels equipped in the ports Of
neutral nation, and it makes this provision retro
actlve, SO as TO meet the cases OF the Anglo Con-
iederatc vessels, mentioning them by naine A
court OF claims is constituted, to consist OF five
members, to be nominated by the President OF the
phited States, the Queen Of Great Britain
and Ireland, the Emperor OF Brazil, the
King Of Italy and the President OF
the Federal Councll OF Switzerland, and oil
claim Tor damages OF any character arising out OF
AuC ucpISuutlOu5 VI Tie A0RlO-COQIgueratc vessels
are TO be referred to this tribunal. It is also pro.
vided that the civilized nations OF the world are to
be invited to adopt this principle or form OF in
ternational law, to confer upon 1t the gravity
and portent OF public law.
The cable telegram from London OF the 5th inst,
stating that Lord Enfield had said In the House OF
Commons that 1t had been agreed that the British
claims should be heard by special commission
would seem to indicate upon a casual reading, that
that commission would consider only the British
claims, While the American claims would be brought
before another. II is understood here, however
that only one commission is provided for to adjudi-
cate upon claims, and before IL all classes Of claim.
ants who can come under the general rule adopted
VIII have hearing or course beyond the rule OF
public law laid down for the guidance OF this Com
mission or Court OF Claims, the decisions viii lie
made under the ordinary rules governing courts OF
law.
II is asserted that the English claims viii not
reach the large sum heretofore stated. The claims
OF individuals who were drafted into our army
during the war or who were obliged to furnish sub
Stttutes which is of the items, are said to be
trfning in amount. The heavy claims Will be for
cotton and other merchandise destroyed or taken
BY our army during the rebellion. A large amount
OF cotton captured was sold on account OF the gov.
eminent and the money placed in the Treasury. 1t
Is estimated that at least eighteen millions OF this
fund is now In the Treasury.
THE SAN JUAN QUESTION.
The statement that the Northwestern water
bOundary''-the San Juan question as It rs properly
known-had been adjusted By the treaty, without
reference to arbitration, is correct It was found
Impossible to reconcile the views OF the Commits
soners and consequently the matter is left to arb
traton, as was arranged in the treaty Of 1861, and
again In 1862 with the proviso that the arbItra-
ton must decide either that the British
claim Is correct or that the American
interpretation Of the treaty OF ls46 is
right This Is done to prevent the arbitrator from
giving compromise line which viii please neither
party, and was originally Mr.. Summers proposition
IN 1861. The American claim is that the treaty Of
1s46 detected the boundary between territory OF
The United States and Great Britain on the North
Pacific coast below the forty ninth parallel for the
sole purpose OF giving England the whole OF Van.
couver's Island, rs the fortyninth parallel RI con-
nnued to the Pacific ocean, would have run the
boundary across that island, giving portion OF It
to the United States-a boundary which would
have been inconvenient But, that having
DETECTED the line for this purpose alone
the line should rum according to the
meaning and intentions OF the treaty OF 1s4s as
near as possible to It through the main channel
which separates vancouver's Island from the Con.
tinent. This would seem TO be easy adjustment
but, In consequence OF the treaty, In sipshod
phraseology. saying the channel separating the
Continent from Vancouver's sland,' England set up
claim that this phraseology, which, contrary to
the usual mode OF expression separated the greater
object from the lesser, must be therefore construed
TO carry the boundary line through the
Rosario Straits instead of by the Canal dc
Horo Channel, which, but for the careless Ian
guage OF the treaty and evidently to carry out the
object Of the treaty, it would do. Between these
two straits that OF the Canal de Horo and that of
the channel Of the Rosario, several Islands, en-
bracing space OF about 400 square miles, the soy.
ereignty OF which is involved In decision OF the
question. In 1852 the Territory OF Oregon, by an
ect OF liz Legislature included this disputed coun-
try the lloro archipelagon OF Its counties and
after the passage OF this act the Hudson,s Bay
Company established post on San Juan
island, the largest In the group in the
lloro archipelago When the Territory OF
washington created, these islands were de-
lared by he Legislature OF that territory TO form
mart OF Whatcom county: and subsequently the as
sessment Of the Hudson Bay property in 1885, led to
% correspondence between the governments OF the
Emitted states and Great Britain and at one time to
v danger Of open hostilities between the Two conn
fries. The British Commissioner in 1858 proposed q
compromise which would throw within the territory
OF the United States all the islands but that OF San
Juan. The American commissioner, being satisfied
that the channel OF the Canal de Horo was the main
channel as contemplated In the treaty OF 1885, re-
fused the oer As these dispatches have stated here
toiOrc, the point to which was the main channel
according TO the treaty OF 1s46 was left to the arb
trament OF the President OF the Swiss Confederation
both In the convention OF 1861 and again In 1862
neither OF which conventions were acted npon by
The Senate. Beyond the very great amount OF
feeling which marked this controversy previous to