The New York herald., 1872-05-15

as 70 sucn claims being fnadmssible that the
proceeded to Washington. At meeting OF the
British and United. States High Commits
after general statement OF the claims Of the
United states, proceeded to say that In the hopes
OF an amicsble settlement. no estimate was made
OF indirect losses without prejudice. however TO
the right OF indemndcation ON their account In
ihe event OF no such settlement being made ana
dent, that the Joint High Commission should agree
upon sum which should be paid by Great Britain
claims and the interest thereon. Mr. Fish says
that the President earnestly hoped that the
deliberations OF the Commission would have re-
ment Of this proposition aef Majestys soytfnent tfnHS
cannot understand upon what the hope was
this country have maintained throughout all the
negotiations has been that they were guilty OF no
negligence to TIE Of the Alabama
no liability Tor any payment and they still maintain
this position. The only ground on which Her Ma
any sum would have been an admission on their
part that n.ra there had mad been such negligence
pay sum in compensation. a''e This as
would have been on absolute surrender
% e n M n this
been expected from them that they had been guilty
OF negligence. Her Malesty's High Commissioners,
posal of an amicabe settlement In this particular
form could not be entertained. Her Majesty's High
Commissioners on the part Of this country immcdi-
posal OF arbitration, and this proposal after being
to certain n,ss extent modified sS on suggestion
suggested by the United States High commssoners
cess0n OF no slight Importance the part OF this
country.nameiy, that the principles which should
Should be frst agreed upon; and this CON cession
was very materially enhanced when, In order to
strengthen the friendly relations between the two
principles should be those ae Contained % in 'nsse the
they thus accepted the retroactive efYect OF
rules to which. nevertheless they feel bound
Of principles or nternational law in force at the
time when the Alabama claims arose: The friendly
missioners to express the regret felt by Her Maestys
government for the escape, under whatever cir
nom British ports, and for the depredati0ns
mitted by those vessels, and by their agreeing that
s ns esty asr s
ment object to the introduction Of claims for the
expense Of the pursuit and capture OF the
mentioned during the conferences as direct claims,
They acanesceS n the PROPOSAL @ to @ exclude rom
the negotiation their claims on behalf OF Canada
against the United States for Injuries suffered from
Fenian raids, an acquiescence which was due partly
to desire on their part to act In spirit OF cOncil
MGn snd ,g partly to the fact stated BY Her
the the snssSss mas
by the government Of the United States that con-
cessions OF this Importance would have been made
al liberty to insist upon ali the extreme demands
which they had at any time suggested and brought
Her Majesty's government considered themselves
justified In treating the waiver OF indirect claims In
the event Of an amicablc settlement pronered by
which applied to any form Of amicable settlement,
and and, therefore, tn , ccmprsed t N Ike manner the
sss ah en- 0y t9s
United States and recognized In the preamble 6f
the treaty. Such waiver was, In fact, necessary
full belief that this waiver had been made that
the British government ratified the treaty.
ae s rs noS tt the
Of the United states. that can be done in the form
in a memorandum. which / have the honor to
enclose, and which beg may be read
conn an Ia nssstys ao nos
deny that 1t is c0npatent for the government OF the
e ss 81 Ss s s sst
One But what Her Majesty "a government maintain
s that the natural and grammatical construction OF
the language used In the treaty and protocols Is In
accordance with the views which they entertain,
and sustans their assertions that the OF refer
inasmuch as direct claims only have throughout the
correspondence been recognised and repeatedly de-
nnsd @ under Ter the name Of the :. Alabama Ia clams.n
in which he defends t0e Introduction into the
American case Of claims for indirect losses and in
special remark. 1t is stated that they put for
ward In the case not as claims for which q specific
quent upon the acts complained Of, and necessarily
i s 8 ansi a. ss.sIsmes. s':. = all di@srsnsss
Oy one of its two alternatives; Her Malesty's 10Y
the treaty can cover these claims. II, indeed, by
this language Mr.. Fish Is to be understood as re-
ns to tine two M ,s modes e ar
amount Of the payment to be made by Great Britain
in event Of any liability being established the
tives are applicable to the settlement Of the
mesre 81 s Aas1 aa@ Mr. not FISH to s.ates es
settlement, but only an agreement between
the governments a. to the mode OF reachinga set
estimate Of indirect losses can be claimed as
waiver until the result Of the arbitration is arrived
called an amicable settlement, not merely in rea-
tion to the Alabama claims" but as an entirety,
sHS IN eea2 Se ae taos ise
BILE settlement which It professed to provide
was arrived at from the moment when the treaty
the Claims was sisned ana ratiGed. IL according
to Mr. Ftshs view, an amtcablc settlement upon q
an adjudication OF the claims it Is obvious that
waiver Of any government claims could under such
circumstances ever be made; for before the time
for the waiver this supposition had arrived the
claims would already have been decided upon.
That Her Mayesty's government never Intended
flying the treaty they never contemplated their be-
ing revived In the argument before the arbitrators
must have been obvious to you from the language
used In the debate in the House Of Lords, on the
18th Of June, on the motion for an address 70 the
Queen praying Her Majesty to refuse to ratif} the
treaty. On that occasion distinctly stated this to
be the understanding Of Her Majesty's govern.
ment and quoted the very protocol or the 4th OF
MAY, to which have referred above, as a
proof that these indirect claims had 'entrey disap
peared.u When Lord Cairns, to whose speech
allusion has been made In the United States Con-
gress, subsequently said that extravagant claims
might be put in and take their chance, he was met
with an expression Of dissent. Moreover, Lord
Derby, while crticising the negotiation and terms
withdrawal Of indirect claims. 'sThe only conces
son" he said, "0fwhich can any trace upon the
American side Is the withdrawal OF that utterly
preposterous demand that we should be rcspo1.
sible for the premature recognition or the South.
AAn A0ovA Has IT,. .ae L