The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-29


THE BRITISH CLAIMS.
Article 70, providing for the establishment Of q
American citizens arising out oil acts committed oy
either government against the citizens OF the other
stated In the treaty are explained in the protocol to
be confined to claims growing out OF the civil war,
dld not meet with much opposition. senator sum
ner and one or two others are UNDERSTOOD 10 nave
was quasi recognition OF English claims, which
To this 1t was replied that nearly all our claims
against England were based upon the equities OF
the case, the strict rule OF law arording no relief,
and that, II we expected equity we must, in legal
parance. "do equity ourselves" II was also held
that the tItution Of the United States especially
Cured In ad OF insurrecton or rebellion, and that
all such debts. obligations and claims shall be
held Illegal and void; that very large part OF the
cotton seized by the authorities OF the United States
and claimed by alleged British owners was in fact the
property OF the rebel government and the title OF the
British claimants really based upon the sales to
the rebel government OF munitions of war; that no
matter what the treaty might otherwise be inter-
prcted as admitting, 1t could not override the alb
solute prohibition OF the constitution, and that con-
to allow all proper claims, IT would have no power to
admit any others. Under this article there are pro-
badly no American claimants, and IT Is possible the
English claimants Will no found to foot up more
than IS supposed. The fear has been expressed
that II would create very hostile feengf the Ala.
bama claims should be disallowed and the English
claims should be admitted. The statement or Earl
Granville that the British government would contest
the allowance Of the Alabama claims, was only in
Keeping with the declarations OF the English High
commissioners, who took especial pains In the
treaty to announce that they consented to let the
u their position that England had exercised due
diligence ana was not responsible to the United
states or Its citizens In damages for any acts COM
mltted by the Confederate Ships. These are the po-
sitlons which have been assumed pro and cOH.,
In the Senate IL will be that, contrary to the
general impression, there was very little HOSTILITY
manifested to the establishment or the Claims COM
mission.
NO ADJUSTMENT OF THE CANADIAN QUESTIONS.
The next article relates to the fisheries. As I Is
eres are to remain In Allowance until laws are
passed by the Congress- Of the United States, the
Canada ana the 'i Isss!atare Of Prince ESWard
Island accepting tnem very little discussion was
had upon them By the Senate. me whole question
pacty next winter and win then be fully gone into.
The Joint Commission to inquire into whether
cannot be constituted till AFTER the action OF
Congress some time next year. This s also the case
latlng the transit trade. They only go into effect
after concurrent legislative sanction, by Congress
and the Parliament OF Canada.
Lawrence the American High commissioners OBJ
tanned o direct concession. considered to be OF no
practical value. In the acknowledgment Tor the
nrst time OF the freedom OF that outlet to the great
lakes The freedom OF the Canadian canals, how
ever like the fisheries question, ~ not settled by the
treaty ana depends, does the timber transit of the
ST. Johns river upon future Affirmative legislation
which the Joint High Commission was first sug
yes ted are concerned, the questions relating TO
whcn they hey may be adjusted hereafter IS
out but the refusal TO pass the necessary affirmative
legislation does not vitate the treaty IN other re.
spects. The probabilities are believed to be that
ment will agree to these provisions. The dis
mature, and it is said 1t would be as
well for the Canadians to Keep cool and wait pa
gloucester fishery Interest wli night the matter
vigorously at the next session OF Congress-.
The %T cs ar sAs avns e
western water boundary question to arbitration are
not so much, II indeed at all to the arbitrator chosen
first article OF the treaty Of ls4s, aud NOT
OF the language OF that treaty. In order
10 understand the weight OF these objections
be stated. The treaty OF June 10, 1885, in Its first
article declares the boundary between the United
hs pon on the Se parallel Of a
tuae, where The boundary laid down III existing
treaties and conventions between the Uaited State.
between the territories OF the United states and
those Of her Britannia Majesty shall be continued
westward along tile said forty ninth parallel Of
north latitude to the middle Of the channel which
separates the Continent from vancouyers Island and
cnannel and Of Facas Straits 70 the Pacific ocean,
providing however, that the navigation Of the whole
ninth parallel OF north latitude remain tree aud
open to both parties.n
be through the middle OF the channel which sepa-
rates tho Continent from vancouver's Island. The
the treaty designated the Rosario channel, as
that separates the Continent from landowners
an he san Hs Of S hG c 9n
Islands, and does not separate the Continent from
vancouver's Island, and tney have invariably con-
tended that the language of the treaty must he
strictly interpreted and that the phraseoogy could
not be changed 50 as 10 make 1t read 'the channel
separating vancouver's Island from the Continent
They deny that the only object OF detecting the line
from the forty parallel was to give the whole
OF vancouver's Island to Great Britain but assert
that the terms OF the treaty arranged upon the
plan Of compromise to adjust the oregon dinculty.
the Interpretation Of the exact Language OF the
treaty of 1885, aud their refusal to admit that any
explanations can change the Language OF treaty.
The American position is, that the only object for
DETECTING the line rom the fortynlnth parallel was
TO avoid running the boundary across vancouver's
way OF compromise the line was agreed to run by u
water boundary after leaving the NAN land OF tho
tention OF the parties to the treaty was to
run the boundary as near the lorty- ninth paia!-
Ears as saas aaa mat m cSO
de Haro which Is wide and deep pas
sage washing yancoavers MS, lsanl, o must have
while these arguments are very strong and 60 70
snow what would have undoubtedly been the inten-
tion OF the United States II the geography OF that
part of the country had been well understood In
ls4o as it is now yet the treaty nowhere mentions
line shall be run through the channel which sepa-
rates the continent from yancouyer's Island. Az an
Origina! proposition, with the present maps as
authority 1t Is not open reasonable doubt tat ne
Canal De Ilaro would be the channel designated, bal
in the stIong equitable consideration OF the case our
people lose sight OF the fact that when the
treaty was made so little was known or the
geography of that part OF The country that II was
supposed that there was but one channel and
preuss' American official map, printed by order OF
the Senate III 1s4s, two years alter the date OF the
treaty marks the boundary by the Rosario chan
mel. since then 1t has been found that there are
three navigabe channels between Vanconver's
Island and The main land, all lowing into the Straits
of Fuca In the absence OF the singular language OF
the treaty the strong common sense view that the
only object In detecting The line must have
been to prevent the dividing OF vancouver's
Island must prevail Hence the American
Commissioners, the protocol states, proposed TO
abrogate the nrst article OF the treaty oil 1s40 and
arrange The boundary anew with all the facts before
them, ana with the admission OF collateral proof TO
snow the object which led 10 the detection OF the
line. This would have enabled our size TO bring In
ali the proof and demonstrate thai In the absence
or the wording OF the treaty the Canal DE har0 was
fairly and indeed Enthusiastically the channel
through which the boundary should run. The Eug.