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

Of the President had he supposed 1t wa!
not 10 comprehend the consideration ant
adjustment OF all the difficulties growing
out Of the acts Of cruisers, nor could he
have given his sanction 10 the Treaty haC
II been suggested to him, or had he be-
lieved that any class ot tho claims which
which have been presented by this gov
ernment were excluded by the the terms
o! submission from presentation on the
part OF this government 10 the tribunal o.
arbitration. TWAS In the appreciation OI
the chief merit Of .tbe mode OF adjustment
adopted by the Commission that 1t was on
both sides frank, full and unreservGd
surrender to the impartial arbitrament
under tho rules therein presented, oi
everything that had created such differ
ence Of whatever degree Of importance
might here or there he attached 10 Any ol
these complaints. Tho President desired
and intended, and had the American
Commissioners that allowed every form
and character should be laid before the
tribunal for its final and absolute dispOSi.
ton, either by recOgniliOR or In.
spectlOn, in order that in the iu
turc the harmony und persona!
and political intercourse between the two
countries might never again be disturbed
by any possible phase ot the controversy.
This opinion, since the entry upon n thor
ough trial Of the issues which divide the
two governments, It could not be avoided.
The claims for national or indirect losses
referred to In the note OF Earl Granville,
as they are put forward by this govern
ment, involve questions Of public law
which the interests OF both governments
requires should be definitely settled.
Therefore 1t Is with unfeigned surprise and
sincere regret that the present intimstion
conveyed in Earl Granville's note that
Her Maiesty's government holds that II Is
not within the province of the Tribunal Of
Arbitration 10 decide upon certain claims
for indirect losses and injuries. Ills Lord.
ship, however, docs not assign any reason
Tor the opinion that the losses and injuries,
with respect to which there has been no
concealment, which were presented to the
British negotiators at the opening Of the
discussion In precisely the same manner as
they are put forward in tho case, not as
the, claims Tor which specified demand
was made, but as losses and injuries con.
sequent upon the acts complained OF
and necessarily to be taken into
equitable consideration in final
settlement OF all the differences be-
tween the two countries, which re-.
manned unchanged through the entire ne
gotiations and not rellnQuishcd In the
treaty but covered by one Of its altera.
tions, are not within the Jurisdiction Of
the arbitrations. AS to the reasoningwhich
was employed by Her Majesty's Govern
ment, as TO the opinion stated by Gran
vile, the President is Unable to adopt, 1t but
being convinced Of the justice Of his views
that the treaty contemplated settlement
of all the claims OF the United States, Is
Of the opinion that he could not abandon
them, except after fair dececision by an
impartial arbitration. He seeks no mean.
ing In the treaty which Is not patent on
its face. He advances no pretensions at
Geneva which were put forth pending the
negotiations at Washington. This Gov
eminent knows not were TO find the mean.
ing or intent OF the treaty unless within
the treaty itself. The object OF the treaty
as declared in itspreamble was to provide
for an amlcable settlement OF all causes of
difference between the two countries. But
the treaty is not Of itself the settlement.
1t is an agreement between tho govern
ments as to the manner OF reaching a set.
tlemcnt, and its article eleven engages the
contracting parties to consider the
result Of the arbitration rs u
full. perfect and final settlement
Of all differences. Until that be reached,
no protfer of Withholding an estimate Of
the indirect losses dependent on the hope
oI an amicable settlement, can be claimed
as q warner or an estopel. The first arti.
Gle recites that differences have arisen
between the two governments and still
exists, and provides in order to remove
and adjust all complaints and claims on
the part oi the United States, that all
claims growing out OF the acts committed
by the aforesaid vessels, and generally
known as the Alabama claims, be referred
TO tribunal Of arbitrators, TO be cOmpos.
ed as therein provided.
There Is no Limitation or restriction TO
any part or description ofthe claims. All
the claims growing out OF certain acts,
and generally known as the alabama
Claims" were referred. What they were
is question Of fact and history. Which OF
them are well founded is a question for
the tribunal Of arbitration. What arc
called the indirect losses and claims, are
not now put forward for the first time.
For years. they have been prominent and
historically part ofthe Alabama Claims. "
II would be superauous to quote or per.
haps even to refer to particular passage
in the published instructions Of this gov.
ernment to their Minister to Great Brit.
ain, IN notes Of that Minister 10 Her
Majesty's principal Secretary Of State ior
foreign affairs, or In other public papers
10 show that the expectation OF this gov
ernment has from the beginning oil the
acts which gave rise to tho Alabama
claims, been that the British government
would indemnify the United States The
incidental or consequential damages were
often mentioned as included In tho &C
countabIlity. In the progress Of the acts
which gave rise 10 the claims, high Brit
ish authority was not wanting 10 war;
Her Majesty'sg government in the Houst
Of Commons, that they had been inaicting
an amount of damage on that country
the United States, greater than would 6C
produced by many ordinary wars, and tC
indicate as a part of that damage the
losses TO whose presentation exception
Is now taken. Public men in both coun
tries have discussed them, while the pub
lie press on the one side and on tho Othcl
have advanced and combatted them with
an earnestnesS and warmth that brough
them into prominence beyond the dirccI
losses and injuries sustained by individu
ais. A detailed statement Of their claims
enumerating and setting forth the indircc
losses precisely as they are advanced il
the case, was submitted by the American
ncgotiators 10 the Joint High Commission
In the first discussion OF the claims on th,
9Th nf March and Onnpara in Dr0iOrnl' an