New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-02-23

the nets of the Confederate crui5ers by III the hgn
contracting parties engage to consider the result OF
the proceedings of the tribunal of arbitration ana OF
the Board Of Assessors should such Board be up
ponted. "as full perfect, and final settlement Of
all the claims heroinbcfore referred to, and that
every such claim be considered and treated rs finally
sottIed barred and heuceforth inadmissibe."
The commentaryO Hamilton on the several articles
of the Treaty with Great Britain in 1876 has been re-
ferrcd TO. This commentary will now be again USED
as showing the opinions of the statesman who IN
itiated, influenced chiefly the ratification OF, aud
most fully cxpounded that Treaty. The weight OF
the opinions Of this person is abundany recognized
in this country but it may not be amiss TO quote the
recognition by of the most eminent pubhcsts IN
Europe the distinguished Buntschli in his codiiica-
ton of international law, prefaced by Laboulaye
"A fact" he wTios which has had great influence
on the determination of the rights and the obliga-
tons of ncutras is the declaration Of neutral rights
proclaimed in the first place in 1894 to the United
States by the cares of Hamilton and with the con-
currence of Washington" The deliberate opinions
of the former bear directly and most forcbly the
matter of claims for indirect damages 1t is seen III
the history Of the events connected with that Treaty
with Great Britain that every objection real or imag
nary, was raised against it. Among these was the
want Of naturalization for the detention of the
posts frontier posts and for the expenses OF In
dian wars" "ThOse' Hamilton remarks, "who
make the objection, &c safely challenged to pro-
duce preccdents of similar naturalization, unless
imposed by conquering powers on the vanquished'
or by powers of overwhelming strength upon
those which were too weak to dispute the logic OF
superior force. If this the real situation Of the
United States and Great Britain, then is the Treaty
nexcusaby faulty; but if the parties were TO treat
and agree as equal powers, then is the pretension
audi n,pr N
whore clear injuries were done, affecting known and
easily ascertained values, lpecuniary compensation
may be expected to be obtained by negotiation; but
it il believed that it will be impossible to cite
ample Of compensation so obtained in of ter
TtOry withheld on dispute Of title or as hostage
for some other claim. The want of a rule to adjust
consequential damages is, in such n case very
great difficulty" Tho rcasOnableness of ndemnh-
cation for the expenses Of Indian wars, Independent
of the unusual nature of the claim might have been
matter of endless debate" The forms which this
debate might assume some of them directly
analogous to the endless debates which would arise
as to the claims for the injuries which resulted from
the prOlOngahOn of the recent war Of the Rebellion
and its consequent cost to the United States. For
! might it not be debated whether the had been
| pushed with all the requisite ability or vlgorf
Might it not be urged that these were not seen in
the permitted escape of the enemy after Antictam
and Gettysburg Might not it be debated
! whether these qualities had been sufficiently
shown in the pursuit of the British cOrsairs Might
it not be debated whether these qualities were SUI
fcienly exhibited in the correspondence with Great
Britain Not all this any part Of this, perhaps
was So but it might truly have so been debated end
lcssly Again. as to the alleged injuries from the
prolongaton of the war, might it not be urged, and
this with great truth and force that this prOonga-
ton, and it alone caused the emancipation OF the
Southern slaves and reduced the rebclliOus States
| to perfect, total submission, which secured the
perfect Identification and reinstatement of every
| member of Republic under its dominance
These facts being urged who can deny that the in
direct injuries of the unneutral aggressOns seen in
the prolongation of the war abundantly COM
pensated in the results of this prolOngation Fol
lowing HamiltOns language, may it not well be said
that " In every Wow the claim for indemniicatlOn
was hopeless one and to insist upon II would have
answered other purpose than to render an AMIGA
bic adjustment impossible No British Minister
wonld have dared to go to a British Parliament to
ask provision for such an expenditure WHAT
then was to be done Were we now or hereafter TO
go to war enforce tho claim Suppose this done,
and fifty or hundred millions of dollars expended
| in the contest what certainty is there that we
should at last accomplish tho objccti More
! over. the principle of such q war would
| REQUIRE that we should seek Naturalization
for the expenses Of the itself addition to our
former claim What prospect is there that this also
would be effected Yet, if not Effected it is evident
| that we should have made most wTetchcd bargain.
| Why did we not insist on indemnihcaton for the
! expenses of our Revolutionary Warl Surely, not
because it was not less reasonable but because 1t
was evident that it could not have been obtained
| There seems to be some sonse III these remarks,
| enough at least to command attention. To what
| conclusion, then, on the whole, must this matter
comet Certain it seems that tho Treaty does not
warrant claim for indirect consequential damages
but if il does the claim could not be persisted In
| and why-for the reason stated by q learned, ap-
proved, modern publicist Hefter-" the absolute or
even relative impossibity known TO both the parties
| of the engagement at the moment when it was con-
| tracted' If this grOuDdess claim be persisted ill.,,
| Great Britain has the undoubted right to withdraw
from the submission to arbitration, for it was not
that which she had agreed to submit. Would it not
be the wiser that the Tribunal of ArbitratOrs
should promptly award sum i'll gross to meet the
cases actually and properly before tiff in their
view is established the liability Of Great Britain
and thus quiet the irritation it is not safe to be per
| mittcd TO continued CWIS.
Ne,g- York, Feb. q, 1872.
! -
| LUDLOWST JAIL AGAIN-A PRS ONERS STORY.
| TO the razor OF The Tribune.
| C,n, IN Moy 1871 found that my 1osoaa