The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-12
The Great Treaty Before the Country
Fair and Comprehensive Adjustment.


ington before us in FULL from which we sub
NIT this morning to our readers the arrange
ments and engagements entered into between
| the two great nations concerned, emitting
only some of the rules and regulations laid
down for, the several boards of arbitration
provided for and other immaterial details.
| Substantially the treaty agrees with the alb
stracts we have already published; but there
are several points upon which our information,
heretofore cloudy and indefinite, is now
official and explicit. Considering, then, the
paramount Importance of the subject to the
American people, to the British people and to
the world, we are drawn briefly to review the
adjustment actually agreed upon In reference
to each of the unsettled questions involved
in this great treaty-great from the lofty and
magnanimous spirit governing the high con-
tracing parties, and great in its generous
concessions on both sides and In its fraternal
reciprocities.
First and most important Of all, in the pre-
amble of this treaty, there are some words
Gtly spoken which are "apples of gold in
pictures of silver" They are these ;-"And
whereas her Britannia Majesty has author
lied her High Commissioners and Plenipoten-
taries to express, in friendly spirit, the
regret felt by her Majesty's government for
the escape, under whatever circumstances,
of the Alabama and other vessels from British
ports, and for the depredations committed by
those vessels, now, in order to remove and
adjust all complaints and claims on the part
| of the United States and to provide for the
speedy settlement Of such claims, &c. Here,
in this regret Of the British government for the
escape from British ports and the depreda-
tons upon our commerce of such rebel cruisers
as the Alabama, the Shenandoah and the
Florida, we have that graceful apology which
silences the heaviest battery of Senator SUM-
ner. and which clears the ground for an entente
cordidle never before known between England
and the United States. We were much and
justly incensed by the conduct and confessed
designs of the Emperor Napoleon in his armed
occupation and imperial protcctorate estab-
lished over Mexico in the midst of those en-
barrassments of a gigantic civil war, which
limited us to diplomatic protestations against
that French usurpation. The American peo-
pie, with the suppression of our rebellion, were
eager for armed intervention In behalf Of the
Mexican republic; but with the French evacua-
ton, though tardy ard reluctant, all our i'll
feelings against Napoleon were dispelled
And so with this graceful apology at last from
England touching the Alabama and her depre-
dations the greatest wrong and the ugiiest
~
pear. With this concession to them in the
outset 1t was simply impossible that our men,
bers of the High Commission should not meet
the other side in a corresponding spirit of con-
fdence and magnanimity.
Passing over the tribunal of arbitration pro-
satisfactory we come next to the stipulations
Of this treaty on the question of neutrality.
The arbitrators, in addition to the general
principles of International law applicable to
any case or cases coming before them, are to
be governed by three express rules agreed
upon, as folows:-
RULEs.-A neutral government Is bound, First !
To use due diligence to prevent the fitting out arm.
ing or equipplng, within its jurisdiction, OF any
se wicn ~ cas seasonaoe ground 70 believe
Fewer With which Il is Of peace, and also to use
Jurisdiction OF any vessel intended to cruise or /
carry on war above, such vessel having been |
specially adapted. In whole or IN part within such
Second~Not to permit or suffer either bclligerent
to make use Of its porrs or waters the base OF
pose Of the renewal or augmentation OF military sup
plies or arms or the recruitment OF men.
Thrd-To exercise due diligence In its own ports
and waters, and TO oil persons within Its juris-
diction, to prevent any violation OF the foregoing
obligations and duties.
Here, then, we have another important
practical concessions for while it appears that
''her Britannia Majesty has commanded her
High Commissioners and Plenipotentiaries to
declare that her Majesty's government cannot
consent to the foregoing rules as a statement
Of principles of international law which were
in force at the time when the claims men,
toned in article arose." yet ''her Majesty's
government, in order to evince its desire of
Strengthening the friendly relations between the
two countries" and to provide for the future,
agrees that these rules shall apply in the set
Element of the Alabama claims. England, in
this matter, then, retaining the shadow, yields
the substance of the principles involved in
reference to the past, while both parties are
bound by them for the future, and agree to
''bring them to the knowledge of other mari
time Powers" ard 10 invite their concurrence.
What more could we ask as the obligations Ct
neutrality?
The doctrine of belligeren. rights as applied
by Mr.. Sumner to Lord John Russelrs recog-
milton of the belligerency of the "so-called
Confederate States" is ignored in this treaty,
no doubt, because it has mover been and is
not recognized by President Grant. 1t is as
well, too, that nothing is said in the treaty
on this question; for while we may
contend that de facto the "so-called
Confederate States" were mere insurgents
AGAINST their lawful rnuarnmant and untitled