The New York herald., 1871-12-15


Secretary In hD, acceptance Of, the propontion Of
SIR Edward BY his letter OF February 9, the Presi-
dent OF the United States In directing that accept
ance, the American members OF the Joint High
Commission In negotiating and concluding the
treaty, the President In ratiying. the Senate OF
the United States, In advising and consenung to the
same, ever Intended TO emb0dy In II Q provision
which saopu violate the fundamental law OF the
nation, or that the Ministers and Commissioners Of
Her Britannfe Majesty 90 understood them to IN
tend. In case, too. OF any possible ambiguity, It
must DO borne In mind that this Ian
guage nrot emanated from Her Majesty's
minister. and thai BY the settled rules Of pomatlc
as well as legal construction, the party employing
ambiguous language Is debarred from any benefit
o! the ambiguity. But the United States insist that
the Language Is not ambiguous that 1t Is plain ani
explicit and that within 1t claim OF this character
has no place within the matters submitted by the
treaty 70 this Commission for its decision.
Mr.. Hale declares himself warranted In saying
that the words "arising out OF acts committed,
were deliberately and Intentionally inserted by Sir
Edward, In bis letter Of February l, repeated by
Secretary Fish In his letter Of February 8,
nnd copied and elaborated by the Joint
High Commissioners in the twelfth article OF
the treaty. for the express purpose Of excluding all
possible claims Of the. nature Of the debts OF the
States lately In rebellion, singly or under any at
tempted and ab0rtive organization.
He also alleges that II the counsel for the United
States deemed himself at liberty TO discuss the
merits OF the claim here presented, as within the
jurisdiction Of the Commission to decide. the
answer TO the claim, on Its merits, would be palpa.
bic, self-suggestlng and c0ncusive but he ex-
pressly dscaims all intention OF such discussion,
and asks the dIsmiss0n OF the claim on the ground
speciAed In his motion.
The Commissioners announce their opinion that
the United States Is not liable tor the
payment OF Gebts contracted by the rebel
authorities. The rebellion was against tue
United States for the establishment In q
portion Of Its territory Of new State In the family
OF nanons, aud it failed. Persons contracting with
the called Confederate States voluntarily assumed
the risk of such failure and accepted its obligations
subject to the paramount rights Of the parent state
to crush the rebel organization by force and seize
its assets and properly, whether hypothscated to
Its creditors or unpledged These belligere rights
OF the United States to seize and hold were
not subordinate to the contract rights OF
creditors OF the crushed rebellion, and when
such seizure and possession were actually accom-
plshed 1t terminated any claims of creditors to the
property. the present CLAIMANT therefore. as held
to have mad no interest in the property described in
his memorial, and the Commissioners dismiss his
claim.
1t is well understood that no expectation was en-
tertalned In ary quarter that Mr.. Barrett's claim
would progress beyond the demurrer OF the United
STATES; and the cotton bondholder syndicate at
London has accomplished oil 1t expected by obtain.
ing further record evidence Of the fact that the
bondholdcrs have never for moment abated their
original pretensons or lost an opportunity to apply
for redress Of their alleged injuries.
The Retrenchment CommIssion Question in
the Scpstc-Lively and Bitter Debate
Trnmbull,s Amendment Lost by 31 to ID
The Row ReOpeAcd.
the political fight In the Senate, on the reso.u-
ton for standing committee on retrenchment and
investigation, consumed the entire day and is not
yet ended. Senator wilson opened the debate de-.
claring that though there was no disposition among
Senators to shield tho yet the country
thought Thus he kept on both sides Of the ques
ton TIL the close Of mis- speech, and was follow ed
BY Senator Nye In praise OF President Grants
policy. Nye was replied to by Schurz. During the
speech OF the latter there were two or three little
episodes which developed tne bearings Of the
fight. scnurz charged that Leet kept the general
order business In the New York custom House, not
withstanding the Secretary Of the treasury had
time and again requested his removals; but was
Conknug 10 demonstrate his assertion ana only
escaped bv the aid OF Mr.. sumner, VINO, after
Schurz had succeeded In pointing ont two
or three letters from the Secretary on the
subject, declared that three were ''rime
and again" Schurz again charged that some
Of Mr.. Murphy's inspectors were shown to be
daily in the habit Of taking bribes and yet they
had not been removed. Senator Patterson ex-
planned for the Secretary Of the Treasury that the
latter had not seen the report Of the Joint Commit
tee on Retrenchment, ana, consequently. the re.
movals had not been made After Schurz came
Upton. In q real old-fashioned western speech,
which begun by IN alusion to DR.. Newman's prayer
ON the day the senate convened, IN which the
Chaplain thanked the Supreme Being that, though
q cyclone Of curruption had swept over the country
and much has been taken, there was still little
more left. Tpton's personal illusions were
gems in their way. the Presldent being referred
to as an intellectual Colossus, the Collector Of
the Port Of Philadelphia ne pointed out as an on
Ger VINO ought not to be pertinaciously followed,
but simply watched, and described Senator Conkling
as standing over the grave OF something connected
with the administration tt is difficult to tell WHAT
in the majestic attitude OF republican deity. After
much talking there was vote on Trumbull's
amendment, which would have allowed the CON-
mittee to carry very extensive Investigations and
TO continue It's sessions during the recess The amend
ment was lost by 86 to "a ten republicans-Senators
Fenton. Logan, Patterson, Robertson, Schurz, Sum.
ner, Tipton Trumoull, Wilson and West-voted for
the amendment. The resolution was then agreed to-
after which Trumbull moved to instruct the com.
mittee to inquire into the expenditures OF public
money and the accountability Of public oflcers, the
power OF the committee to make these mvestiga-
tions being confined to the present session OF Con-
gress. Then the fight began again. Senator Sher-
man calling Senator Trumbull to order and coolly
making speech himself, and Trumbull replying In
the best speech he has yet made. As the fight pro-
crosses It grows more bitter, and the outside talk
now Is to read the recalctrant senators out Of the
republican party.
Passage Of the ApportiOnment Bill by tho
House.
Tne grand fight In the House did not come on To-
day, owing 10 the interminable discussion OF the
Apportionment bill. This matter being out Of the
way, everything will be ready tomorrow morning
eo, ,na hotsla IN rho Ceupva C0uference. Every