The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-05-16

arrange with Mr.. Fish that the pre-.
sentalion Of the claims which appeared
to be mani estIy without the terms Of the
treaty should DO withheld, and that when
der MSjesty's government was OF the
opinion that the claim belonging 10 the
act as ought not 10 be permitted. 1t was
desirable that an agreement TO that effect
should be made and signed by Sir Ed.
ward Thornton and Nr. Fish. These
Instructions were communicated to MIR,
Fish and Her Maiestys government has
since vcted In accordance with the decis.
ion OF the Cabinet of the fourteenth
amendment. All claims Of like character
have been enclosed to him by the parties
who were unwilling TO acQuiesce In the
decision Of the Commissioners as applica.
bic to their own cases, but which claims
under instructions from Her Majesty's
government have not been presented. l
have now placed in your hands, for exam.
ination by the government Of the United
States, statement ot reasons which In
the opinion oi Her Msjesty's government,
sufficiently shows that the claims for
indirect losses are not within tho mean
Ing OF the treaty; that they were never
intended 10 be included by Her Majesty's
government; that this was publicly dc.
clared before the ratification, when the
error, II any, might have been corrected;
that such claims are wholly beyond rea.
sonable scope Of any treaty adjudication
whatever, and that to submit them for
the decision Of tribunal would be
measure fraught with pernicious conse.
quences to the interests OF all nations,
and to the luturel peace Of the world. |
appreciate the desire substantially but In.
directly expressed by the government oil
the United States to be advised Of the
reasons which have prompted declara.
tion made by me In behalf Of Her Males.
ty's government, on the Sd OF February,
no less than the friendly and courteous
language which has been employed by
the United States Secretary of State.
The present letter Is intended by Bier
Majestys government, not as the com.
menccment Of deiamatory controversy,
but as an account Of compliance with
that most reasonable desire. They are
sure that the President will be no less
anxious than they ore that the conduct Of
both governments should conform to tho
true meaning and intent OF theinstruc.
tions they have jointly framed and signed,
whether that meaning Is drawn from au.
lucrative documents themselves, or from
collateral considerations, or from both
sources combined. Entertaining them.
selves no doubts as to the suftlciency OF
the grounds on which their Judgment
proceeds they think 1t, Of course, at
once most respectful and most friendly Of
the government OF the United States to
submit those grounds TO their impartial
appreciation. Her Majesty's government
icelS confident that they have laid before
the President ample proof that the con.
cluSiOn which was announced by me on
the 81 Of February, and to which need
hardly say they adhere, can not be
shaken, Sc.
[Signed GRANVILLE"
Accompanying this letter, Is d memo.
randum which would make about eight
columns It spreads out the arguments
Of Granville's note.
Mr.. Fish to Gen. Sctsnck:
DEPARTMENT OF STATE,
WASHINGTON, April 10, 1872.
SIR-l have given very careful atten.
tion to the note ot the Goth Of March, ad.
dressed To you by Earl Granville, prOfes.
sing to stale the reasons which induced
Her Majesty's government to make tho
declaration contained in his previous note
to you Of the Sd of February, that In
the opinion Of Her Majesty's government,
1t is not within the province Of the tribu.
nal OF ofarbitration OF Geneva, to pass on
the claims for indirect losses and injuries,
put forward IN the case of the United
States His Lordship declares this state.
ment 10 he made upon an invitation
which this government appears TO have
given. I should regret that what was
intended only as a courteous avoidance Of
the naked presentation OF directly op.
positc opinion to that which has been
expressed on behalf ot the British govern.
ment, unsustained by any reasons, should
have subjected his Lordship 10 the neces.
Sity to elaborate. In was not desired by
this government to enter into any contro.
versy or discussion, nor have they now
any 10 enter upon or continue such deci.
sion. Some remarks appear, how.
ever, In the note of his Lordship, which
seems TO require reply. He begins with
The seeming denial Of tho accuracy Of my
assertion that the claims for indirect losses
and injuries are not put forward tor the
first time in the case presented by this
government to tho tribunal at Geneva.
That for years they have been prominent
ly and historically part Of tho Alabama
claims, and that the incidental or conse.
quential damages were often mentioned as
included 10 the accountability. It cannot
be supposed that His Lordship intends
more than 10 say that the claims for indl.
rect or material losses or injuries were not
formulated by this government aud the
amount thereof in detsil,and speciacly de-
manl for. He admits that on the 20lh OF
November, 1862, within few weeks after
the Alabama had set out on her career Of
piIIage and destruction, Mr.. Adams sug-
gested the liability Ol Great Britain for
losses other than those Of individual sui
ferers. Iu his note OF that date to Lord
Russell, Mr.. Adams stated that he was
instructed by his government TO solicit re.
dress for material and private injuries al.
ready sustained. On the 10th Of February,
1858 Mr. Seward instructed Mr.. Adams
that his government does not think itself
bound in justice to relinquish Its claims
Tor redress for the injuries which have re.
suited from the fitting out and dispatch OF
the Alabama in British port, as the con.
sequences OF this fitting out begin to do.
velope themselves, and their effects In
encouraging rebellion became mani
test. Mr.. Adams in an interview with
Lord Russell, indicated then as described
by the latter in letter TO Lord Lyons
under date OF March ~, 1868, as mani.
lest consplring In this country (Great Bri.
tain) to produce n state OF expectation IN
America, and thus bring on war with
Great Britain with q view to aid the Con.
lederate cause.