The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-23

country, ana ala certain that, with knowledge
further nom my thought than wish for conflict
OF arms l have never dreamed that war between
this country and England is now possible while we
are demanding only what Is right with deterllina-
uon TO submit to nothing that is wrong
=, when nan occasion 10 address the country upon
and England at Music Hall in the autumn, 70 FAR
from speaking In the interest OF war endeayored
10 show lis lnpossibllity by showing how disastrous
such war. A government which has demonstrated
upon rcon mafchss without RAISING sucn
aoandoned, Is not one likely to go to war N which
government which has reduced is tailoring
population. from which the material to
sSs war NAN either e in s sS n a.
insane hospital, VIII not be easily drawn into
test OF arms with powerful nation which mas and
can put millions OF men into the field when nothing
but right ana justice arc demanded BY the latter
Power. Until England can afford more than two
ounces CT meat day each to her people. as now.
and her other food largely drawn from this country
beside war with 9er Is only imminent to the fears
save her ally and only protection on the Continent
OF Europe from being dismembered and crushed out
America, the first SIX montns of which would over.
turn her government.
Therefore, you see that lay aside all ideas OF sup
posed advantages gained in the interest OF peace be-
tween the two nations believing war between
England and America moral and physical impos-
siblllty.
Putting away our fears what, then, do we get
from this treaty. First, IAN expression OF regret
IN friendly spirit, FOR The escape OF the Alabama
circumstances and the depredailons committed by
those vessels" Tbs apology, then, IS to be the
saye for the wounds oil our national honor, aud full
Ieparaton for the just Indignation OF our people
for all the unfrendllness done to us by England
during the war OF the rebellion, whose support
of the con,ederacy cost us millions OF treasure
and thousands OF lives. "Escape'' IS y word OF
suit, leaving under dniculties or unpedments and
the escape ana depredations " are all that Eng-
LAND regrets Regret In friendly spirit now acts IN
hostile spirit then. lind no regret expressed for
the reception OF the Alabama IN a British port, her
being supplied with coal and provisions there, her
officers toasted and feasted and British COVER
nor appointed under the crown accompanying her
OF the harDor when she removed on her pratlcal
expedition; nor tho like reception OF other vessels.
/ And no word in protocol or treaty OF censure Of
British officials for such acts OF assistance, aid and
comfort to piratlcal enemy Of the United States.
Of the crown. Not awoTa Of apology for the misc6n.
struct .na. Of evidence y her lay 9gcers which
these circumstances seems to me not wen defined
pnd atpned for by the word escape" But then, l
am not versed In diplomatic language, and may mis-.
take what Is due to my country for hostile acts. l
find in neither protocol nor treaty any explanation
or apology even asked by our Commissioners of
England for her demand OF Mason and Slidell, the
re0el emissaries, a technical point OF lnterna-
tonal law, that the brave Wilkes did not bring in
accompanied with threat of war If the men were
not delivered up and an apology made. We get
neither apology or restitution only regrets. But,
OF the people OF this country Will hardly be blinded
by the Dust Of the word escape"
We find In the treaty no admission on the part OF
Great Britain that this or any other cOnduct OF hers
In regard to the Alabama was wrong or tnat she is
liable for what she has done but that that question
Il to be determined, not where the present JOINT
High Commission sits-ln America-buJ III Geneva,
In switzerland, by tribunal OF arbitration CON-
posed OF five arbtrator5 one TO be named by the
President, one by the Queen, one by the King Of
Italy, one by the President Of the Swiss Conledera-
ton ana one by his Majesty the Emperor oil Brazil.
The felicity or the selection OF the persons to appoint
this arbitration Is pretty easily SEEM
will say nothing TO the King OF Italy and the
President Of the Swiss Considerations; but cannot
forget that the gallant Commodore Collins captured
the iebel pirate Florida In the port Of Bahia, where
she had taken shelter under the protection of the
Emperor vi Brazil where sine had received the sam,
comfort aud aid that were gwen the Alabama in
OF Brazil, III precisely like case, will hardly be
tempted to appoint commissioner who will
the Alabama while ns Majesty the Emperor may TO
called upon To pay for the damages Indicted by the
the Enperor Of HAIL reguFcd Of US to- retrn ' ns
Florida 10 the port OF Bahia IN the same condition
that we found ner, so that she might pursue her
pratical course, because her capture was cont
With that neutrality which he chose TO afford us.
The return Of which piratical crall = prey afresn
dent OF her sinking from being run into by army
transport, when under my jurisdiction IN The James
river, just before she was to start back. And
ences Of opinion arose between, The representa-
Emperor OF Brazil In regard to his war
AGAINST Paraguay, which lei to some not the most
friendly relations. / cannot forget that Brazil has
tho bad eminence now Of being In the world The olly
nation retaining slavery and the chosen home and
refuge OF the recalcitrant rebels who ned for safety
from. as they supposed the impending halter after
Perhaps these facts make the Emperor OF Brazil
prefer an umpire Chosen 81 different Power and
Eoaa have AYE suggested Ms Majesty Inc Emperor Of
did ours, thereby setting US good example.
It's to be observed that THIS tribunal OF arbitra
tion,n so chosen may award a sum In gross, which
shall be full and final settlement oil all our Ala
bama claims, and for convenience Of representation
OF those cams OF producing the witnesses and ties.
timOny, ami OF showing all our losses, that tribunal
Is to SIT at Geneva, In the mountains OF Swltzer.
land.
But 1t must be by no means forgotten that to guide
this arbitration three rules lad down in article
SIXTH as also for the future government OF neutral
nations In time OF war, with the express reservation
that her Majestys government cannot assent TO the
rules as a statement OF principles of International
law, which were In force at the time when the claim
mentioned In article rst arose. but that in order TO
make satisfactory provision for the future, In
order to evince its desire to strengthen the relations
between the two governments IL - agreed that they
shall be taken rules by the arbitrat0rs, n
consistent with other principles OF International
Law.
First, then. that a neutral government is bound to
nse due diligence TO prevent niiing out or equip
pug any vessel which IL has reasonable ground 10
believe Is Intended 10 cause or carry against
Power with which IT Is at peace, and also due
diligence to prevent the departure OF O vessel
intended TO carry ON war as above such vessel
having been especially adapted IN whole or in part
within such jurisdiction TO wariike uses. Secondly,
permit or suffer either vi the belligeren:s 10
make use Of Its ports or waters as q base OF naval
operation against the other, for the purpose OF
military supplies or arms or The recruitment OF men,
Thirdly To exercise due diligence IN It's ports rs
to all persons within the jurisdiction 10 prevent any
violation OF the foregoing obligations and duties.
While II might be desirable that The rules should
govern the arbitration IL Is dincult TO upon what
theory they can he deemed OF advantage TO tins
country IN the future. by the non.observance of
them England has driven our commerce from the
seas. In any coming war we are ~ lose all advan.
tage OF building and selling ships To begerents
England has iully enjoyed her opportunity 10 cripple
a commercial rival. We are TO give up ours-wc
have no need or them hereafter, they will hardly
serve us In the past.
AS bearing upon the Alabama claims, IL VIII be
observed that those rules are TO be applicable to
Great Britain In case only the Alabama Is found by
this tribunal OF arbitration to he especially adapted
In whole or In part within Great Britain W warlikc
uses.n Now the British have alN avs claimed to c.
cape the penalty OF liability Tor the Alabama, on The
ground that when she left Liverpool she was not
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