The Portland daily press., 1872-05-17
The Treaty Correspondence

III e. The Treaty Correspondence. Ha
The correspondence between the authorities
| Of the United States and Great Britain is pub
lished. 1t is of great length but the material
points may be found in the following abstract:
The first letter is a brief one from Lord
Granville to Mr.. Schenck, dated February, 1872,
in which he says, while protesting much
of the two nations, that her Majesty's govern
ment hold that it is not within the province of
the Tribunal of Arbitration at Geneva to de-
eide upon the claims for indirect losses and in
juries put forward in the lease" of the United
States The second and third letters are mere
ly formal notes from General Schenck to Lord
Granville, and from Mr.. Fish to Mr.. Schenck
The fourth letter is from Mr.. Fish to Mr..
Schenck, setting forth the position of the adj
ministration. 1t is couched in friendly Ian
| guage and manifest desire to preserve friend
| ly relations between the two countries The
proposition, it says, for a Joint High Commits
sion which was made by Her Majesty's gov
ernment, would not have received the approba-
ton of the President had he supposed it was
not to comprehend consideration and adjust
ment of all the differences growing out of the
acts OF the rebel cruisers; nor could he have
given his sanction to the Treaty had it been sug-
gested to him, or had he believed that any class
of the claims which have been presented by
this government, were excluded by the terms
OF submission from presentation on the part of
this government to the Tribunal of Arbitration
The claims for national or indirect losses re-
ferred to in the note of Earl Granville, as they
are put forward by this government, involve
questions of public law which the interests of
both governments require should be definitely
settled. Therefore, it is with unfeigned sur
prise and regret that the President has received
the intimation, conveyed in Earl Granville's
note, that Her Majesty government hold that
it is not within the province of the Tribunal of
Arbitration to decide upon certain claims for
indirect losses and INJURIES Unadvised as to
the reasoning which has brought Her Majesty's
government to the opinion stated by Lord
Granville, the President is unable to adopt it;
but being convinced of the justice of his views,
that the Treaty contemplated the settlement of
all the claims of the States, is of the opinion
that he could not abandon them except after
falr decision by an impartial arbitration. His
opinion was that there is no limitation or re-
striction to any part or description of the
claims. All the claims growing out of certain
acts, and generally known the alabama
claims, were referred.
The letter goes on to show that the question
of indirect claims was not SURPRISE but had
been discussed by statesmen of both nations.
1t adds that the government had never expect
ed extravaganza or unreasonable damages, and
has never entertained the thought of receiving
such damages as found expression in the excit.
ed language of the British press
On the 10th of March Lord Granville wrote
his reply, in which he stated the English view
of the situation He admits that I'm some of
Mr.. Adams's earlier letters some hints were
thrown out with regard to indirect damages
but no claims were ever defined except the d.
rect claims. An attempt was made by Mr.
johnson to have them considered but Lord
Clarendon declined. The English government
had always considered the expression Alabama
claims to refer to direct claims
At meeting of the British and United
States High Commissioners on the 9Th of March
claims of the United States, proceeded to say
that, in the hopes of an amcable settlement,
no estimate was made of indirect losses with
out prejudice, however, to the right of indem-
Indication on their account in the event of no
snch settlement being made; and they after
ward proposed, by direction of the President.
that the Joint High Commission should agree
upon sum which should be paid by Great
Britain to the United States in satisfaction of
all the claims and the interest thereon Mr.
Fish says that the President earnestly hoped
that the deliberations in the Commission would
have resulted in an acceptance by her Maiesty's
Government of this proposition. Her Majesty's
government cannot understand upon what the
hope was founded. ~ -.- '.-~.l
That Her Majesty's Government never in
tended to refer the indirect claims to arbitra-
ton, and that in ratfying the treaty they never
contemplated their being revived in the argu-
obvious to- Mr.. Schenck, he thnks,t from the
language used in the debate in the House of
Lords on the 18th of june on the motion for an
address to the Queen, praying Her Majesty to
refuse to ratify the treaty. a.
Are the Government and people of the United
States, he asks, themselves prepared to under
take the obligation of paying to an aggrieved
Dellgerent the expenses of the prolongation of
the war and other indirect damages, If, when
the United States are neutral, they can be
shown to have permitted the infringement of
any one or part of any one of the these rules
through a want of due diligence on the mart ri
their executive officers? Fl -
On the 18th of April Mr. Fish replied to Lord
Granville In an argument of great length, show
ing that from the very beginning of the nego-
tiations the treaty also attests that the differ
ences which had arisen growing out of the acts
committed by the several vessels, which. had
gwen rise to the claims generally known as the
Alabama claims still exist. and thai in order
TO remove and adjust all complaints and claims
all the claims growing out of the acts com
mitted by the aforesaid vessels, and generally
known as the Alabama claims, shall be re-
ferred to the Tribunal of Arbitration Not
even an intimation of the Character now mt
forward by Earl Granville was made at any
time during the deliberations of the Joint High
Commission. The American press was full of
arguments urging these claims, and Prof Mon
Commissioners, in 1870 published book, In
which he says:-"The estimate which the
American Government has thought fit to adoDt
of its own claims is not favorable to a settle
ment;" that among the reasons for the rejec-
ton Of The Convention of January IA, 1869, was
the fact that it embraced only the claims of in
and had no reference TO those of the
two Governments ON each other
He recites several instances to show that the
British government could have been ignorant
of Of these claims
On the LIST of April Mr. Schenck telegraphed
!; ;oo MI FISH the inquiry: Have you any OBJ
]ecton to the British governments filing a
j., Ease without prejudice to their position
III regard 10 consequential damages?' To which
WI ISL replied that they were expected to do
On the 10Th of April Mr.. Scbencls teleoraned
in respondent tone, fearing that the Rr;t;Sh |
government would withdraw from tho arh;tra
ton, and that the treaty woule fail IN Which
and saying:
''We think it essential that the question be
decided whether claims of that nature can in
the future be advanced against the United
States as neutral by Great Britain when the lat
ter is beligerent;fo for if Great Britanis to be at
liberty when belligerent to advance claims for
indirect losses or injuries against this country,
then our claims must be maintained and we
must press for compensation A conversation |
with Sir Edward Thornton induces the belief |
that the British government may make pro- |
posal to you to the effect that Her Majesty's |
government engages and stipulates that in the
future, should Great Britain be belligerent
and this country neutral, and should there be |
any failure on the part of the United States to
observe the neutral obligations Great Britain
viii WIN MAKE or advance no complaint or claims
against the United States by reason on account
VI any indirect, remote or consequential results
Va SUN !ailure; and that, in consideration of
'ross sv.P"Iaton, the United States shall not
as hofnpa tbe Gy award of indirect damag-
posal to this effect be made by the Rr;tsb ipoU
the President will assent 70 - " gov
On the 30th of April Mr.. Schenck teleoranhod