The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-29
NEW YORK HERALD SATURDAY,

HERALD, SATURDAY, j
anxious consideration, as moments attention
70 the facts will suffice to make known
WHAT THE JUDICIAL RECORD WILL SHOW TO
PosrERrrY.
The Anal minutes of the arbitrators will
show the true expression to be used in refer
ence to indirect claims, and also that what has
been done in Geneva is that these American
claims have been disposed Of upon prelimi-
nary consideration by the arbitrating tri-
bunal suitable to and consistent with
the dignity Of the Court itself
and satisfactory to both parties engaged and
that the Court is now in full possession of the
whole matter in controversy between Great
Britain and the United States, with the ex-
ception of what has been put away from the
legal pleadings.
DEFINITION OF THE DECISION AND EXPLANATION
OF IT'S CONSEQUENCES.
1t is absolutely important to understand
that it is inaccurate to say that the President
of the United States consented to the with
drawal of the claims for compensation
for indirect damages On the other
hand. it is also incorrect to say that
the American bill for indirect claims COM
pensation has been adjudicated upon. Let us
suppose the existence of an analogous case in
an ordinary court of justice. The parties
come before the Court, but differ on the mat
ter of its right of Jurisdiction one party
that the Court has full compe-
tence to decide the point at issue, the other
party holding an opinion exactly contrary, and
that, seeing the difference existing between
them, the Court delivers qualified dictum, and
says:-"H we have jurisdiction in the matter,
we decide against the plaintiff in the case"
Such declaration coming from court of
equity clearly prejudices nothing, and may
save everything; and it was by the use of such
declaration that the Geneva Arbitration
Court has saved the Treaty of Washington.
It is worthy of note that such Judgment
could scarcely be SO unacceptable tothe parties
in the United States to the interests of whom
its delivery was hostile as an opinion that the
Court had jurisdiction. England, on the
other hand, could not be dissatisfied with the
accomplishment Of result fully meeting her
own views on the subject.
LEGAL CAUTION COMBINED WITH DIPLOMACY.
Had the American agent acting before the
Arbitration Court insisted on the delivery of a
strict letter judication his action would have
driven Great Britain altogether out of Court.
1t was far more wise and prudent on the part
of the conducting agents to agree on essential
ties, triumph by the exercise of diplomatic
skill, thus to find common ground for agree
ment between the parties almost at the very
moment of the presentation of the point at
issue.
TENT AND LEARN.
Lord Westbury's 'boys of ten years old,
and whom he would have trusted to make
treaties would not have thus discovered the
right way to q friendly settlement, but, on the
contrary, would have insured q failure Of the
in Geneva, and placed the two ma
tions, the United States and Great Britain, OF
loggerheads.
ADDRESS OF COUNT scLoPIs TO HIS COLLEAGUES
ON RISING FOR ADJOURNMENT.
His Excellency Count Sclopis, President of
the Alabama Claims Arbitration Court de-
livered the following speech to his judicial
colleagues to-day, just before the rising of the
members OF the tribunal for temporary ad-
journment:
Count Sclopis said:-At the moment when
Luc kuOI VI tuc COmpuCbJlOuS WHICH
threatened to prevent the due execution
of the Treaty of Washington is
about to be cut, the moment when our
labors for arbitration between the United
States and Great Britain are about to take q
free and regular course Of action, permit me,
nv dear and hOnOrad co11oaO11ea IN aacura
you how highly appreciate the distinguished
honor of sitting in company with you in this
tribunal, on which, and its proceedings the
eyes of the people of the civilized world are
fixed. Let me impress on you the full
of my gratitude for the very
dattering mark of confidence you have
bestowed upon me by placing me in the
Presidential chair, distinction quite un-
merited on my part. The assemblage of this