The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-10

i
| during the last few days with regard to the
finished work of the Joint High Commission,
are full of hope that a satisfactory settlement
of the difficulties between the United States
and England has been reached. We, too,
hope that the treaty just signed with that
view may prove to be what the administra-
ton at Washington, large portion of the
press and the British say 1t is-a fair and
| honorable adjustment of the differences and
claims on both sides. With this feeling we
have on several occasions commented favor
ably upon the news from the capital
promising such result With every
fair-minded citizen of this country
and right-thinking Englshman we desire
peace, amity and the most liberal intercourse
possible between the two great English speak
ing nations, for to them more than any
others is the world to look for progress in
commerce and civilization and for the per-
petuation of liberty. And although the poll
tical institutions of the two countries are I'M
like in some important particulars, one being
republic based upon the broadest freedom,
and the other monarchy governed by an
oligarchy of wealth and title, they assimilate
in other respects. There is reason to believe
that a just settlement of the difficulties and
| a more friendly footing between them would
have the happiest effect upon England ia
lberalizing more and more the institutions Of
that country. The eldest offspring of Great
Britain has become the pioneer of liberal ideas
of government and of the progress of humanity,
and by its mighty influence may lead the
| mother country in the same way For these
aud other reasons it is to be hoped the treaty
just signed may prove to be all that is claimed
| for it.
But it is necessary to have the text of the
treaty before we can judge Of its merits. The
statements made about it, which appear to
give facts that have leaked out, have evidently
been put forth by the administration and its
friends for effect upon the public. To-day,
however, the treaty will be submitted to the
Senate and we hope the text Of it will be given
to the public, and be spread broadcast over
the length and breadth of the land through the
press. Why have both the British Commits
sioners and our own, as well as the govern
ment at Washington, been SO careful that the
text Of the treaty should be kept secret? Do
they fear newspaper discussion? True, Eng
land and Englishmen are not yet emancipated
from the old time mysteries of diplomacy
This remnant Of feudalism, monarchy and class
government still clings to them; but it is out
Of PLACES incompatible in our free country,
where the voice of the people is the govern
;ur al; iofin
be pending, and an interruption of them might
| prove injurious to the public welfare, there
might be some reason for Withholding informa-
| ton for time but as soon as anything is
accomplished, any conditions agreed upon, the
! people ought to know the facts. In this coun-
try we do not recognize any officials, however
| high, as our masters. The Commissioners,
the executive officers of the government-yes,
even the President and Senate-are the SER
wants of the people. To attempt to deceive
the public or to override public sentiment is
| a usurpation Of power. Not only is it right
to give the utmost publicity and an opportu-
nifty to discuss freely all public measures, in
Guiding treaties, but it is also both safe and
useful to do so. Mr.. Sumner acknowledged
that the Clarendon-J ohnson treaty was de-
feated by the power of public sentiment and
not by his speech in the Senate. Let us have,
then, all the light possible on the work of the
High Commssion-the text of the treaty at
once-so that the Senate may be governed by
public opinion in the action it may take.
There is one feature of the treaty, however,
on which there seems to be doubt That is
the rule laid down as the basis of the whole
and as the fundamental condition to settle
ment of the Alabama claims. The leading
London journals have published it with quota
ton marks and have discussed it freely, from
which we infer that the very language is
| authoritative The rule is: 'sThat neutral
is responsible for depredations committed on
riendly Power by vessel fitted out and
manned at neutral port" The London
Times, Neps, Standard, Telegraph, Pail Mall
Gazette and other papers dwell especially on
| this and are all favorable to the establishment
Of such basis Of international obligations be-
tween the two countries. 1t is said by the
| Washington correspondents that this rule is to
be retroactive in its application to the depre-
dations of the Alabama or other rebel cruisers,
and that this is the strong inducement offered
| by the British Commissioners for the accept
ance of the rule by the United States. The
British press argues that the rule cannot well
be made retroactive, because the Commission
would be, in fact, applying to an interna-
tonal offence that which Is considered
in municipal legislation the height of
musician er post .facto or retrospective
law" 1t wants "America to establish q Just
law for the future and leave the past to be
tried by the law Of the past. Then, again,
some Of the British journals do not see that
the Alabama comes under this rule; "for It