The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-06-06
THE SETTLEMENT OF THE AMERICAN
DIFFICULTY.
From az Pan Man Ga-ette.

The latest telegraphic intelligence from
Washington clears up point in the proposed
settlement of the Alabama difficulty which
was left in the greatest obscurity, but which
was of such importance that, till the mode of
settling it was known, it was impossible to
have q confident opinion on the proceedings
of the High Joint Commission. It had been
pretty we'll ascertained that the two con-
fractipg Powers had agreed upon a new
principle to be engrafted by treaty
$50 far as their efforts could secure the
end) on International Law, and that the Bri-
fish Government had consented to the retro
spective application of this principle to the
case of the Alabama. But though it was
stated that neutral' governments we're to be
responsible for the depredations of belligerent
cruisers fitted out in their ports, nothing was
said of the measure and test of responsibility.
The accounts of the arrangements which
were published implied, indeed, that an abso-
Lutte and unqualified responsibility was to
attach in the given case to the neutral, and
that no amount of care and caution would
be an answer to demand to be reimbursed
by losses occasioned byan escaping cruiser or
privateer. Such rule would have been an
intolerable burden to neutras, who up to this
time have had no duty whatever of the sort
cast on them by the law of nations, and all
that could have been said for it was that it
was sure in the long run to throw far heavier
obligations on the United States than on this
country. But the last kilograms convey the
very probably correct intelligence that the
new responsibility is to arise when the neu-
tral has failed to employ ''the utmost possi-
BILE diligence and precaution." In the old
legal phrase, he will be bound to the Eek
treme of diligence" in Watching his own
yards and ports, and he will be CORES
pondingy liable for "slight negligence"
Even thus the new obligation is ex-
iremely onerous, but it is qualified
by well-ascertained legal limitation, and it
must be remembered that no less burdensome
rule would have contributed to the settlement
of the Alabama question. No reader of Mr..
Bernard's treatise on 'British Neutrality"
can help suspecting that if the English Gov
ernment during the American war is to be
considered as having been bound by any
slighter measure of responsibility than this
/ if, for example, it had merely been obliged to
show that it had used reasonable" diligence
i it is very doubtful whether the Americans
could have recovered dollar of compensa-
tion. Having committed themselves to an
extreme complaint, they can only receive
satisfaction through a decision under an ex-
treme rule.
The mode of settlement, based as it seems
to be, upon a new rule comb bined with sort
of fiction under which the rule is supposed to
have always existed, has not a little about it
that is curious; and the cynical British critic
implied admission on the part of the Ameri-
cans that, ever since the Confederate war,
l they have been preferriDg an un Just claim
\ against the British Government. But this
sort of ilogicality has always, as we before
explained, characterized the growth of inter-
national laws A sentiment grows up that
rule ought to exist; then somebody of autho-
rity asserts that it does exist; then everybody
agrees to argue as if it had always existed.
Now that the new rule is to form part of
the international system-certainly as regards
the United States and this country, probably
as regards the whole civilized world-we need
not hesitate to say that Greet Britain has, on
the whole, more to gain than to lose by it;
and heavy cloud which overhung the for
tunes both of the English and the American
people is probabls on the point of being dis
persed. 1t cannot be too often repeated that
the danger of collision with the United States
arises from different causes, and exists under
different conditions, from any peril with
which we may be threatened of armed strife
on our own side of the Atlantic. The chances
against the perpetuity of peace in Europe
various Continental powers, out of our gene
rally imperfect state of military prepara-
ton, and out of the incurable conta-
eiousness of war. We are necessarily,
through the obligations we have contracted or
inherited an obstacle at all times TO some
bodys ambition, and we are too often SO
weak, and always so close at hand, that the
very perfection of their military resources,
contrasted with the poverty of ours, may
furnish our neighbors with an irresistible
temptation to sudden attack. But our rela-
tions with the United States are wholly diff
ferent. We are separated from them not by
q silver streak of sea, but by wide an0
stormy ocean; and, whatever at any given
moment be the condition of our own army
and navy, we may be pretty sure that the
condition of the American army and navy
will at the same moment be worse. Th,
Americans are not tempted to attacl
us by any palpable contrast between
their strength and our weakness
between their preparation and our un
readiness, The danger of quarrel comes
from another source, and has its origin in th
great knowledge which the people of the TIVE
countries have of one another, through com
munity of language and race, but which the,
combine with great ignorance of one anothe
on certain points, attributable probably t.
geographical distance. We know the Ameri
cans we'll enough to understand a slight whio
they may put upon us far better than if
came from Frenchmen, Germans, or Prus
SLAMS; they do not know us well enough t.
comprehend our peculiar susceptibility t.
affront. We have frequently stated on
opinion that, if war broke out betwee
the United States and Great Britain, tn
declaration would probably come from tn
English Government, and would be
surprise for the American Govern
gradually made the Americans regard har
language about this country as innocent CON
monplace, and diplomatic rebuffs of th
british Govern nment aa the iuefifahIa avn,