The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-02-11
'BIR. SUMMERS ATTITUDE IN OUR
BRITISH QUARREL"

From the NJ Y. World
contradiction by Mr.. Sumner, which ap-
pears i'll the Tribune, of the statement made
IN the hrent1,g Post that he insists inHexibly
on atonement by England for the Queens
proclamation of neutrality az a distinct griev-
aDce, will toe received with general pleasure.
The denial is in these words:-
"Mr Sumner says there is ground for the
statement editorialiy made 10y a New York journal,
land. urging tnat no arbitration can be complete
which does not include the question OF the prena-
ture recognition OF belligerent rights"
The speech Of the eminent Senator in op-
position to the Johnson Clarendon conven-
tion was made neaIly two years ago-a period
long enough, amid the dizzy activities of our
times, to efiace its precise terms from the
best memories. And now, as Mr.. Webster
SAID, in the opening of his reply to Hayne, of
the mariner who has been drifting at sea in
bad weather without taking observations of
the sun, especially does it become u.s. as the
sky begins to clear, to look backward to see
what we're the objections made to this treaty.
Mr. Summers chief complaint was the fact
that it WAS modelled on the treaty of 1853,
which was solely for individual claims,
whereas the existing unsettled British diffe-
rences concerned, in addition, national
grievances. He asserted that the convention
negotiated by Mr.. Reverdy Johnson con-
tanned no settlement of what the Senator
called the ''real question, which was the in
jury to our nation. For this he insisted
There is not one word of regret or even re-
cognition," and no affirmation Of a rule of
international duty in such cases. Everything
was left, as in an umpirage of private claims,
TO a constituted commission empowered to
choose an arbitrator in the event of failure
to agree, such arbitrator to be determined
Shy lot out of two persons named by each
side Such was the gist of his objections.
He, to be sure, expressed at much length his
view of what he characterized as the ''true
ground of complaint" and of the bad con-
cession of belligerency. He also developed
a very absurd theory as TO the true rule to
govern in assessing damages; but the pivot
of his speech was the silence of the treaty in
respect to national as distinguished from pri-
vate claims.
So much for Mr.. Sumner.
President Grant, in his instructions to Mr.
Motley of May 10, 1869, directed Mr.. Fish to
say
'The Government, in rejecting the recent con-
ventoD, abandons neither It's own claims nor IN Jse
OF its citizens"
This is distinct recognition of two classes
of claims.
The instructions ccntinue:-
"The terms OF the convention, having by accident
become known to the public In this country before
the action upon It by the senate, were disapproved
by the people with an approach to unanimity that
IoIeshsoowea possio even less & iayo5aode @ vote
| given.
"The President believes the rejection Of the Con-
ventOn 10 have been In the interest of peace aud
IN the direction OF more perfect and cordial
friendship between the two countries; and In this
belief he fully approved the action OF the Senate"
1t is the popular impression, shared evil
dently by the BOenin9 Post, that Mr.. Sum-
ner had and has very extreme opinions as to
recognition of belligerence, and that there
was great disagreement on the point between
| him and Mr.. Fish. The views of the latter
were expressed to Motley in May, 1869, thus:
| 'sThe President recognizes the right OF every
power, when a civil conflict has arisen within an
other State and has attained asuficient nplexty,
magnitude, and completeness, To define It's own re-
atiOns and those OF ts citizens and subjects toward
the parties 10 the conflict far their rights aud
interest cessariiy affected by the conflict The
necessity and proprety OF the original concession OF
| DelllRerency by Great Britain the time It was
| nade nave been contested, and not admitted.
IDey certainly are questionable, but the President
IelsIds tnat concession as part OF the case only 80
lar as II SHOWS the beginning aud the anmus OF that
OF conduct which resulted so dlsastrou sly to
the United States. tits important In that it fore
| shadows subsequent events"
And in September of that year thew were
repeated in this form
''The President does not deny, on the CONTRARY
he mAintaBs that every sovereign Do wer decides ~
not at given time TO accord the status OF bellige
rency 10 the insurgen subjects OF another power
az also the larger question OF the independence o
such SUBJECTS and their accession TO the family o.
sovereign States. But the righfulness OF such al
act depends on the occasion and the circumstances
ana II e 8n act like the sovereign act OF war, which
the morality Cf the public law aud practice requires
should be deliberate, lnable, and just In refer
ence 10 surrounding fac's-national belllgerencl
indeed, like national Independence, being but ar
existing fact Oficially recognized as such, without