The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-25
THB HIGH COMMISSION.
An Unsatisfactory and Incom-.
plete Adjustment.
A Mere Basis of Settlement
Decided Upon.
Details to be Left to Minor Tribu-
nails of Arbitration.
THE PRIVILEGES OF NEUTRALS.
Another Statute to be Added to the
Law Code of Nations.
Probable Stormy Discussion Over the
Treaty in the Senate.
THE PRIVILEGES OF NEUTRALS.

Mt his residence this evening. The banquet was an
unusually elegant and costly affair. Sumner Is an
accomplished diner. He never issues or accepts in
vitatons to receptions to evening social en-
tertanments except dinner parties.
HIS GUESTS
this evening were Earl de Grey, Sir Edward and
Lady Thornton. sir John and Lady Macdonald,
Sir Stafford H. Norhcote, Professor Montague
Bernard, Lord Tenterden. Caleb Cushing and Mr..
william Hunter, Second Assistant Secretary at the
State Department. Since the Senator could not
have Secretary Fish ut the table he had upon 1t
fresh Kennebec salmon and trout from the neigh
bOrhood Of Plymouth Rock. The whole menu was
prepared at great expense, the choicest delicacies
produced in different sections OF the country being
brought here expressly for the occasion Among
them were teals from Lake Erie snipc from New
Hampshire and fresh peaches and strawberries
from Savannah The table was handsomely adorned
with flowers and the banquet altogether was unique
and complete In every particular.
While 1t is probable that the Joint High Commits
sion will have concluded their labors as to enable
the President TO communicate the convention to the
Senate the 10th of May yet it is not beyond the
possibilities that IL
MAY NOT BE READY
on that day So far, while the general principles
of the convention are concurred in by the Com
missoners, there are still important matters OF
detail which cannot be finally determined by them
until the consent OF the English government Is
obtained to the principles OF the conven-
ton, and which have been submitted to
the British Cabinet, but not as yet assented
to by Mr.. Gladstone and his colleagues IL Is there
fore understood that technically no conclusion has
yet been reached, although practically the work has
advanced, as substantially set forth from time TO
time In the HERALD's special dispatches.
- TnE REASON FOR THE DELAY IT.,
occasioned by waiting for instructions from the Brit
lsh government will be understood when it is re-
membered that the Convention. so far as England is
concerned, becomes accepted TACT as soon as ne.
gotlated, the verifcation OF 1t being merely
o matter of form, while, so far as the United
States are concerned, 1t is subject to ratification
by the Senate. The American Commissioners
stare that the public win not be disappointed IN the
general result but other public men here say this
must be taken with some allowance AT first it was
supposed this High Commission would make q
sweeping settlement Of all the outstanding ques-
tlons between the United States and Great Britain
by treaty which would settle the Alabama claims
and finally dispose OF all the questions in detail. 1t
Is now understood that this idea went far beyond
not only the instructions OF the British Commas
soI ers, but also the demands Of the President
THE LABoRs OF THE COMMISSION
are confined 10 a general basis by which the ques-
tions between the two countries can be hereafter
arranged and adjusted and the Alabama and other
claimants left TO prove their claims IN mixed
tribunal courts OF claims sitting either here or In
England or in both countries, as the nature OF the
claims may render most convenient, and which
courts the convention Will provide for and bring
into existence. As recently stated in the HERALD
IL is believed that there Will be no attempt In the
convention to determine upon the validity other
wise OF auy
but that the document will lay down certain prin-
c,ples for the guidance or the mixed courts and
der these principles the Alabama claims will be ad-
justed as well as any other claims either OF
American or British claimants which the facts or
the ingenuity OF counsel may succeed In getting be-
fore these courts Should the mixed court or
courts be unable agree to the scope and bearing
OF the treaty, provision is inserted to leave the
disputed matter to arbitration. All these matters OF
DETAIL such as the arrangement or the courts and
the selection OF arbtrators as yet left open, but
the Commissioners have mapped them out and
agreed upon list OF sovereigns OF which
THE ARBITRAToRs
are to be selected. 1t is understood that the Con.
vcnton will be like the Treaty Of Paris OF 1856. O
declaration Of principles and will provide for the
establishing of courts referred to in order to carry
them into effect. These general principles will not
only regulate the past but, govern the future rea-
tions of the two countries. In other words they
are designed to become addition TO that body of
public law known as
THE LAW OF NATIONS,
because IL is expected tnat the other leading Pow
ers OF the world will agree to them. IL should bt
distinctly understood that our government has no
presented the Alabama case upon the position as
sumed in Mr. Flsns well-known despatch OF Sep
bich Had forth IL
called "Notcs and Comm ents,n from Lord Claren
don. IL Is well understood that Mr.. Fsh's despatch
was drawn up by Caleb Cushing, and 1t is equally
well Known That Lord Carendon's rejoinder was
prepared by Lord Tenterden, the secretary OF tn
British side OF the Joint High Commission. TIT
Alabama case on the part Of the United State
mas been presented more on the basis OF Mr.. Fish,
later dispatches to MR. MotleN which present th
matter In a mIlder form. abandoning the claim tina
she hasty recognition OF
BRLLIGERENT RIGHTS TO THE SOUTH
by England absolutely created a fact which did no
then exist and gave moral and material aid TO tn
rebellion which, we held, could otherwise hav
been more easily suppressed, aud simply taking III
ground that the actual damage done by the Aabam
and other vessels was the only matter for which
government could rightly call England to account
Thus Mr.. summers ideas OF constructive damage;
rs expressed III hts celebrated speech In executiv
session OF the Senate IN consequence OF which tn
johnson Clarendon treaty was rejected, can have ha
no consideration in the discussion OF the aiabam
question before the JOINT High Commission. Inas
much rs those views were universally approved b.
the people OF this country, 1t Is feared that car
venton based upon
so CONFLICTS A BACKDowN
from the position assumed by our government in tn
past and sustained 10y popular sentiment viii pro
vnke m IN
obtain the two-thirGs vote required to ratify l
With regard TO
THE NoRrnwEsrERS BOUNDARY QUESTION,
It is understood that the volumInous arguments
British and American, extending over years, win b
submitted to arbitration, probably to Switzerland
az was provided In the treaty Of 1869. The Amer
can clain Is tnat the detection of the boundary lrOJ