The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-03

grOSa, LnOugn nndIng tnaf GrcaL BritiiH
be adiudged bS the Beard Of Assessors to meet in
Washington, and, In the case OF the arbitrntors
these assessors are ito ascertain and determine
what claims are valid, and what amount or
amounts shall be paid by Great Britain to the
United States account OF the liability arising from
such failure as to each vessel" Upon the
whole then, under this head, it Is, In my Judgment
not embrace, and was not designed to embrace,
cl,ims for Han or damages
Is Afforded by the occurrences which pre-
ceded and succeeded the treaty. A
Of our citizens upon Great Britain a4l those
OF her subjects upon the United States had more
the 0r as t9s
Tfeaty' 2 by that Of the Sth February 1858; B. BY
SIGNED by LORD STANLEY AND MYSELF
on November ., 1885; 4. By the one signed by
Lord Clarendon and myself on January IL 1859.
others had sustained losses sSs in consequence Of
captures capture by the navy Of Great Britain
qfns ss e m These she the"
under the authority OF certain orders In council
issued by her during the war. BY the seventh Sec
any claims which English subjects might
have against the United States, were
But their autaoty was co 1dna 10
the United States might have, or supposed them
selves to have had FOR damages, indirect or c0nse-
qucntial. Our then administration, Jefferson being
Secretary OF State, never suggested any such
demand and, OF course, never asked for indemnity
on account OF It,. The same remarks are applicable
to the treaty Of the sth February, 1858. That as
as well as the preceding one was
LIMnED ErTIRELY TO THE ADJUTMEST OF INDlvI
DUAL. CLAIMS,
the government asking nothing on its own account.
| The conventions or November 1868, ana January,
strnction. When these conventions were nego.
tiated civil war had terminated. What effect, II
any, the fitting out OF the Alabama cruisers had
upon the United States and their general CONNER
snrance and the prolongation OF the war was
AS WELL KNOWN TO THE THEN ADMINISTRATION
yet although contemporaneously and continuously
after the lifting out OF the Alabama cruisers, Great
By onr Mnssr M aan at s ne
States would look to her for indemnity for
the losses which might be inflicted upon our cti-
Gems. There was, in his instructions, no authority
TO make any other demand. On the contrary, his
Instructions 10 n as qua my own Looked eXc
ter with ceaseless vigilance ana with
great ability failed to obtain any agreement to set
sell, then at the head Of the British Foreign ONCE,
positively refused to enter into any such agree
mcnt, maintaining that Great Britain had fully
After Lord Russell's retirement from once, and
Adams renewed his application for arbitration and
as instructed to do, insisted that beside the ques.
ton Of diligence in the observance Of her neutral
obligations, the proposed arbitration should
pass upon England's right to have recognized
the Confederate States as begerents as was
done by the Queens proclamation OF the 18th
OF May 1861. This reference Lord Stanley rejected,
and all nsgotiaton upon the subject was thought by
This condition of things existed when ! arrived In
England as the representative of our government,
and, afterwards having satisfactorily settled
two other matters which was instructed first to
SETTLE succeeded in obtaining the convcn..
ton before referred to with Lord Stanley, or
November, 1865 under the general terms OF which
the question of belligerent recognition as well Ms
This convention not being In al respects
satisfactory to our then Executive, it did not
ths s th ne
the 14th Of January 1869. Neither Of these conven
tons contained single word relating to any claim
for indirect or consequential damages. The whole
object and design OF both was to provide by means
OF arbitration, satisfaction for individual losses
and, although the instructions of Mr.. Adams and
myself were on lle in the Department OF State and
were from time to time published and
transmitted to Congress by the Presi..
Congress, In either branch, or from the State De.
partment, that the instructions were defective In
emitting any reference to consequential damages.
In fact, the first intimatlon far as am advised,
that the United States had any such claim or any
delivered by the Hon. Charles sumner IN
the Senate OF the United states the 18th Of April
1869 when the Clarendon and Johnson treaty was
SUMMERS SPEECH
That speech naturally caused great excitement
In Great Britain, and was sharply criticised ana the
part of 1t just referred TO was In the leading
journals of that country ridiculed for Its alleged
and the lawyers OF this country less decided. 1t
shared also the same fate on the Continent of Eu-
rope and In England. The excitement
which 1t produced in England was the moro
intense from a belief, founded upon statements
OF some Of our Journals that that part Of the speech
received the approval OF the Senate and mainly
produced the rejection Of the convention. This i'm
preston, found on my return home, by informa-
ton nom sources in which knew confidence
might be placed, not warranted by the
fact The principal, If not the sole. cause q the
election was the circumstances attending Its ne
collation. 1t is far from my purpose to attribute TO
the Senate in its action any want OF purity Of mo-
to darken their Judgment upon the question, and
to lead them to result which, upon cooler and
more mature deliberations, they probably thought
unfortunate.
WHY TIE JOHNSON TREATY WAS REJECTED.
One fthese circumstances is stated IN the letter
OF Mr. Secretary Fish to Mr. Motley OF May Is, 1862
Abiding to the rejection OF the convention he states
that the circumstances attending the negotiation
were very unfavorabe to its acceptance either
ton had just emerged from Its period-
cal choice Of Chief MAGISTRATE, and having
and its power, looked with no favor on an attempt
at the settlement of the great and grave questions
power, without consulting or considering the
views OF the ruler recently entrusted with their
confidence, and without communication with the
constitutionally submitted, or with any of its
members. 1t win thus be seen that until
consequential damages had not occurred to any
one. 1t was evidently an afterthought not sug
gested by any example OF our own or by any exam
pie to be found In the diplomatic his
tory Of the other nations; and although
1t was with apparent seriousness asserted
by Mr. Sumner, l do not believe that he then
Thought, or now thinks that such claim could be
allowed by intelligent arbitrators He IL too good
n lawyer to fail into such deluson. For
how is such claim to be established by
proof The largest sum demanded T. be
have prolonged the war; The war, IN
the case presented to the Geneva commissioners
by the agent OF the United States Is alleged to have
been virtually concluded with the battle OF Gettys
burg, the 4th OF July, 1858. On that
day the case states that the aggressive
force on land OF the insurrection was
crushed. Was this so9 General Grant received his
commission on the 9th March, 1884. Shortly after
wards, he assumed command OF the Army or the
Potomac, and commenced the campaign, which re-
suited In tho surrender OF Lee, in April Of 1866.
In the interval, series OF battles, attended by
fearful mortality both sides particularly ours,
were fought. Az was rendered necessary by the
result OF some OF those conflicts, seriously dimin
ishing IT, our army was largely reinforced. The
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