The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-17

square table placed in front of the President Of
the Court Lord Tenterden was at one side,
with the British counsel seated behind him.
Mr. Bancroft Davis occupied the other side,
with counsel behind him also.
PRESENTATION OF THE AMERICAN ARGUMENT.
The American argument in the Alabama
claims case was duly presented in the Court
The statement made up several octave volumes
of six or seven hundred pages each. These
were accompanied by smaller supplementary
volume, printed in the English language only
The facts were duly noted on the minutes
record of the Court.
READY FOR THE UNITED STATES
The American agent then declared himself
ready to proceed.
BRITISH FAILURE AND MOVEMENT FOR DELAY
The English agent failed in compliance with
the stipulated formality of the presentation of
the British papers, and contented himself by
simply asking for an adjournment of the pro-
ceedings in order that Her Majesty's govern
ment might have further opportunity to
endeavor to reconcile their differences on one
main point at issue. He said he did not ask
an adjournment for any fixed period or definite
number of months.
AMERICAN REPLY.
The Americans replied as follows THAT
on receiving request for adjournment with
out presentation to the court of the final
papers, and not according to the course of
procedure laid down in the treaty, they find
themselves in presence of an eventuality not
contemplated by their instructions, and,
hope that the Tribunal Of
Arbitration will not decide on the English
application, without affording them an oppor-
tunty to refer the subject by telegraph, to the
United States government, inasmuch as the
whole legal ground upon which the tribunal
for settlement itself stands is comparatively an
region, the exact character of the
power of the arbitrators not we'll defined, and
the scope and limit of their power unde,
4
THE EvENTFUL DAY
1t was judged wise, after due consideration,
to accept this proposition, and Monday, the
18th inst, was fixed as the day upon which
the Court will hear and counsel deliver, in
the light of the very latest advices then to hand
from the two arbitrating governments their
upon the point presented by the
English agent for adjournment
CABINET CAUTION ON BOTH SIDES.
1t thus becomes apparent that neither gov
Great Britain or the United States,
has thought it safe to trust its case altogether
md solely to the care of its agents here, but
that the respective Ministries keep up such
constant communication by telegraph wire that
in fact and truth, the real agent for England is
the Right Honorable Earl Granville, Her
Majesty's Secretary Of State for Foreign Affairs
and the real agent for the United States of
America Mr.. Secretary Fish, in Washington.
It is not strange that the governments thus
keep their agents in Geneva in tutelage
~hen we contemplate the monstrous alb
,urdity of the fact that neither case
IS in the hands of the great
lawyers that are here on both sides, but really
in the power of official underlings, third rate
men of departmental routine.
ARE THE BRITISH LEGALLY IN COURT?
AS the English have uncompromisingly adj
1ered to their determination not to present the
Queen Cabinet papers in the case, it is but
natural to suppose that the Americans will also
adhere to their view of the law that the British
ire not properly in court, and that they ask
;he Court to wander from it's jurisdiction by
its judgment on point for which
he treaty makes no provision.
CONSTITUTIONAL CRISIS MAY OCCUR
If the English insist, in reply, that they are
properly in court an important consequence
ollows; for if the British are properly in
court they are bound to recognize the validity
If its judgments, no matter on what point. Pos
'ibly, therefore, they may find themselves in
,olved in position from which they cannot
escape without the exhibition of an act of
lagrant disregard of diplomatic propriety, as
we'll as of the respect which is due to the Tri-
)unal of Arbitration itself.
The proceedings on Monday will, however
depend entirely on the contents of the latest
dispatches from Earl Granville to the English
gent in Geneva.
BROTHER JONATHAN POSTED, BUT JOHN BULL