The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-23


10 act without giving us any Information whatever
IL this treaty ratified, aud the rules of nterna
uonal law are thus established, binding us more
stringently than do our own neutrality laws. which
can be repealed at pleasure them indeed, IS great
vantage ground OF the United states TO regain our
commerce, lost by British depreciation In any future
war, gone forever, and tho commercial superiority
OF Great Britain on tho seas Is indeed assured
honor or insult u our nag, or attempt to break up
our government as commercial rival, is to be sub.
ml.ted TO fve gentlemen who may decide that all
shall be paid for In gross sum OF money. IL has
already been submitted to ten, called q Joint High
Commission, and Il the i've new gentlemen to be
ent view OF our case than those OF our own appoint.
mcnt, see not much hope even OF pecuniary gam
It IS that the Treasury Of the United States is
pg LAX GSep g R AZ anysps sa SscsHSY NH
divided among the private claimants In satisfaction
OF their losses IoDserve that the private claimants
are pressing very urgently the ratification or the
treaty. Ley them not be too fast II gross sum is
not De easily got OUT and an illustration point
them to the French spoliation claims the money
which was paid some time IN 1885 into the Treasury
81 the United States, but OF which, so tar as am In
formed the private claimants have, thus far In the
year OF our Lord 1871, realized nothing.
Is far to say, however that the treaty provides
that this arbitration may only determine grounds
81 England's liability, and board Of assessors are
be paid by Great Britain 70 the United States on
count OF the liability thus arising from such failure
a. to each vessel according to the extent OF such
torsn In practice, however, 1t Will amount to this
We all know that arbltratlons always split the DIFF.
LIABILITY is to be determined BY the first board, and
they will compromise that, and OF course shrink, as
much as possible for them do from the response.
billy OF determining amounts. Then there is o
second board OF arbitration, which will again split
the difference as to amounts claimed, is the
M nj nrl N nur .ln1 .ln
according to the well known practice in such cases,
OF being first halved by the tribunal OF arbiters and
then halvcd again BY the board Of assessors.
THIS. OF course, is very convenient TO the party
who has to pay Great Britain but not to the United
11s claim ARE to run the
TO cutting down process by two boards OF arbitra
ton.
Having thus provided laws for the apparent diml.
mutton OF our claims both In extent or liability and
Importance Of amount, the treaty provides, as an
that all claims from citizens Of the United states
against the government OF Great Britain arising out
Of acts AGAINST their persons and property during
the war, not known as the Alabama claims. ana all
S sss 5u ISL 81 aSy 5f' a9ast M'S ssz
or or s
mssioncrs. shall be determined by them and paid in
accordance with their adjudication. The provision
as to the claims OF our citizens for British aggres
SONS during the war can apply only to tho st.
Adams raid or one or two like matters OF small i'm
port because suffered other than our injuries
at sea. am not aware OF any substantial claim Dy
the citizens OF the United States against the British
government during the war except the st. Adams
raid rms provision apparently IL put In as a sort
sop to the state OF Vermont 70 insure the vote OF
her two Senators for the treaty In dcrogation OF the
other New England interests sacrificed by It,
But the claims already submitted anu which will
be submitted, OF British subjects supposed to be
injured during the war BY the United States are Of
imprisoned, every man III the South whose property
was taken, who can by possibility claim ever to
nave been British subject who by bill OF sale or
otherwise can get title to property taken injured
by the United States forces during the into the
hands OF British subject Will appear as u claimant
before this commission. And these claims VIII run
up TO very much larger sum than any possible
claims that we can have on account of the Alabama
aud the balance provided for 10y adjudication under
the treaty to be drawn from the Treasury OF the
United states viii be very great
from England, Ireland, Scotland and Wales, not to
say Canada, we Can easily conceive how many Brit
property during the war. There has been, it is es
mated something over 100000 cmigrants within
the last twenty years into The United states or
subjects OF Great Britain. very small sum for
injuries done In the war TO very small portion or
them would amount 10 very large aggregate in
deel. Under the doctrine or local Allegiance leay
Ing losses ny the war to fall upon foreigners DOM.
ciled here, TO he borne those Of citizens
we are not now and shall not be, unless we agree
TO the laws OF this treaty responsible 10 foreigners
tor injuries suffered IN war In any other manner
than 10 our own citizens In the present condition
OF things the tee must lie where II falls, and
loss must remain with those where II happens, as
other losses during the war But ii we agree TO this
lf 1t be SAID that many OF these British subjects
are naturalized citizens, 10 thatIt Is answered tnat
men CLAIMED in the South British protection, and
concealed the TACT Of their naturalization which
would he only Known to themselves; and there are
many in the category Of British claimants who have
acted rs American citizens for years and who claim
now their British protection. Indeed, the adoption
Dy the government OF this class Of claims, and the
paying OIL tile same, viii open the door 10 take I'M
told millions from the Treasury forit very difficult
saeet or e 5es saered durng lay the war
Yhy we should not pay all loyal men North Gs well as
South for al their losses during the war. Are we to
treat British subjects better than our own LOYAL
citizensS And axe we not by this treaty opening q
door through which untold millions upon millions
There are two classes Of claims, however, pro.
vided for In THIS treaty that loyal American citizen
many treaties as commissioners may choose TO ne-
goae or the Senate ~ ratify; but |, as represen.
tative Of the people, viii never vote dollar ap.
preparation Tor them. And those claims are these
First, compensation Tor slaves owned by British
subjects taken during tho war. |, myself, enlisted
sucn slaves, and took them from the possession of
their British owners TO fight the battles Of America;
and am now 10 be called upon 10 pay Tor themf
Yet they were property under the constitution OF the
United States 80 lar as British subjects were con-
cerned, aud the Proclamation OF emancipation or
President Lincoln which took this class OF property
from British subjects. was an act OF war; aud under
this article oil the treaty ! see no answer before
commission 10 Il claim Tor slaves when made III due
Commissioners there say that a British penal stat.
ute mlcIs penalty OF fifty pounds upon British
subject Tor holding slaves; therefore no British SUBJ
Ject can claim property In slaves under this
treaty. That Is SIMPLY municipal statute. affecting
British subject while IN England. Ii cannot affect
hi;n here any more than any other municpal law OF
England can affect his action here. lie cannot he
tried here under that statute; he be liable TO no
penalty here under that statute. lie has a right
While owing local allegiance TO us 10 own all pro-
perry that - legally TO be owned by laws. and
ne rs 10 be protected by our laws IN those rights
And this treaty Is the supreme law OF our land
when we agree to u. There Is penalty OF nfty
pounds Tor any British SUBJECT owning pack OF
but does any one presume That that penalty applies
TO a British subject while domIciled mere? And
wny should not II Apply as well to penalty against
owning slaves!
And again, II we are TO pay British SUBJ ects for
property IN slaves, why not pay loyal cltI-
zens for the same class OF property And will not
tine claim for slaves he pressed upon with un.
answerable forceY IL appears however, in the pro.
Iocol that the British commissioners sad that no
claim for slave property VIII be presented by the
British government. But suppose the anministra-
ton Is changed, who shall answer Tor what new
British ministry may or may not do when there Is
ntf ranfp IN tlAn ann. Wbx,,s