The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-07
THE ALABAMA CLAIMS.
Argument Of Mr.. John A. Parker Before tho
Joint High Commission.

The Joint Uigh Commission were IN session on
Wednesday at the State Department for several
hours. MIR. John A. Parker has presented to the
Commission, IN little pamphlet just published here,
a very concise. closely reasoned and able argument
upon the legal aspects OF the Alabama claims
Mr.. Parker represents professionally a number Of
claims. but has no pecuniary interests In them
Having shown the peaceful relations which existed
between Great Britain and the United States at the
outbreak OF the rebellion. he says the aid and en-
couragement given by rebel sympathizers
among the ruling classes OF the former country.
In the opinion OF loyal Americans furnished just
cause for the declaration OF war between the two
governments Upon this fact depends very greatly
the extent OF the liability Of the British government
for the spoliations OF the rebel cruisers As to the
right of one country to recognize the independ.
ence or people or to accord to them belligerent
rights, attendant circumstances should Of course
Delled against the crown 1t would he wrong to re-
cognize them, while the same recognition In favor
scarcely be o jus. cause OF complaint The one
involves. the destruction OF an old coun.
s A the .ne case Is exactly snr
in kind to the Confederate rebellion. Every gov
eminent further by International Law is RESPONSE
cause 1t cannot surrender them personally 10 the
government wronged by their acts. and as it thus
shields Them 1t Is therefore. also responsible for
their conduct. Mr.. Parker then shows the Pc
cuar guilt OF the British government in
sending supplies to the rcbels-clothing, arms and
munitions OF war, &c.-before the United States
had an effective army in the field; and IN that when,
a. ass sne oea Sdases h ;s up
made the occasion for according belligerent rights
to the rebels with apparent OBJECT but to legaze
for rebel outrages upon American commerce.
At the outset Of the war the rebels had neither ships
nor seamen, but British capitalists supplied them
with both. Nor did the excuse offered that the
British government did its best to enforce the neu-
tralty laws make any difference IN the argument.
internal affairs OF another, their government was
fully accountable for their acts, and therefore the
practical help given by English sympathizers to the
rebellion and the united States government Is also
responsible for Fenlanism in America, so far as 1t
mad any material results. Further 1t was clear that
Great Britain did not use que diligence In enforcing
the neutrality laws r,s May 6d m1s s tne
Alabama, when the true nature Of that vessel
was scent Instead OF that, she was allowed to
roam the sea, to take her prizes into English
ports and saluted by the forts and ships OF
her Majesty. Mr.. Parker next alludes to the coai-
purpose or atding the rebels and Remembering the
Union by invading Mexico. England, certainly,
far as she %
able without compromising herself, the objects for
which 1t was framed. France and Spain had each
expiated their guilt by the overthrow OF their gov
ernments, aud only England remained UNPUBLISHED.
England mad no doubt inflicted upon us all tue
injuries charged by Mr.. sumner. Many Of those
injuries. however were intangible, indefinite and
incapable OF correct estimate, ana could not be
pressed. But the claims for American losses at sea
through British support OF the rebellion were clear
and easily computed. and no settlement could ever
satisfactory which did not compensate them In fll
And such q settlement being virtual ackDow-
ledament OF the wrong done by England. would GER
talnly restore confidence and good feeling between
the people OF these great and powerful nations who
ought to be more firmly united in interest and
friendship than Others Oh the face OF the globe
Mr.. Parker then proceeds to show that
the British government must pay all these
claims to the individuals VINO have suffered, and
then recover separately from the United States
government such counter claims as they can urge
land In Mr. Parkers opinion iustS urge) on the score
OF the Fenian invasions OF Canada. The United,
States were p0werless TO dispose OF the AlaDama
claims excaNt by collecting them Mr. Parker con-
Cludes his timely and instructive pamphlet by as)rt
defence or the claims put in by underwriters to re-
cover sucn losses through rebel spoatlons as they
have paid. Ii Is time that IL had been well settled
in law that underwriters are not compelled 10 pay
such claims, and that the individuals sustaining
them ought to recover, through their government,
directly from the offending government But,
clearly, II the underwriters waive this right and
pay snch losses all the rights accrutng TO such losses
pass over to them.