The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-24
THE GENEVA ARBITRATION.
What is England Going to
Do About It?
The Subject Before the Lords and
the Commons.
The Conditions Under Which England's
Counter Case Was Sent to Geneva-Mr.
Sehencks Opinion on the Matter.

LONDON, April IS, 1872.
The American claims was made the subject OF
some discussion In the British Parliament last
night Both Lords and Commoners had their say
about the Geneva arbitration. In the House Of
Lords the Earl Of Stanhope, In pursuance OF
notice on the paper, asked what course Her
Aajestys government proposed to pursue in respect
to the counter Of the British in the
matter OF the Alabama Claims which counter case,
according to the stipulaioos Of the Treaty Of Wash
ington, would be presented at Geneva on the 18th
Of this monrh. He asked whether in consequence
OF the indirect claims 1t was intended to omit any
counter claims on behalf OF the British government;
sired to know Of what nature They were y be-
Earl GRANVILLE In reply said Her Majesty's gov
TO decision as to the course to be pursued.
They had most carefully considered the points
direct claims, but also as to whether their taking
any steps in the matter at the present moment
might not compromise the position they had
assumed. The result was that they had come
to the conclusion that they could safely and without
prejudice to their position present counter claims
category Of direct claims, accompanying these
with o representation to the tribunal OF Geneva
tat the case was without 1SS pre1
government In their correspondence with the
government Of the United States and expressly
should the present difficulty continue. He had
been in communication with the American Minister
on the subject, and q fortnight ago 1t was the
opinion OF that gentleman that the counter case
OF the English government might be presented
without prejudice, an opinion which he had since
government; and only the day before yesterday the
declaration accompanying the counter case had
been forwarded from the Foreign ONCE to the
American Minister AS soon as the declaration and
counter case had been submitted to the Geneva tri-
bunal Lord Granville would have them laid before
their LOrdshtps.
Earl RUSSELL, who thought that the government
had not by their recent action escaped from the
difnculty In which they had been involved, gave
move an address to Her Majesty praying her to
give instructions that all proceedings on behalf OF
Her Majesty before the arbitration at Geneva as
70 the Treaty of Washington, be suspended until the
claims included in the case submitted on behalf of
the United States, understood on the part of Her
Majestys government not to be within the province
Of the arbitrators, has been withdrawn.
The Duke OF RICHMOND said he understood that
the counter case was to be submitted without pre-
udice but he wished 1t to be understood that there
should be no possibility OF the arbtrators saying to
the English government, "You have complied with
case, and therefore, notwithstanding what you say,
we shall 60 on with the arbitration, and If need be,
we Will decide behind your backs"
Earl GRANVILLE said that whether the counter
claims were sent In or not the arbitration might go
on II they thought fit.
were fully raised and the arbitrators were duly ad
vised OF the matters to be submitted to them the
III
Intended that judges should be clothed with
powers to discuss the whole of the matters before
them, it would be most inconvenient to take any
further step until the extent Of their jurisdiction
was determined.
Earl GRANVILLE said he had been careful to put
the point so that the English government should
not be compromised with regard to the admission
Of the indirect claims and In this he confirmed
by the American government.
Earl GREY was not at all surprised, after the
statement made by the noble earl, the Foreign Sec
rotary, that the noble earl on his left Earl Russelp
<rl,t
the motion he had that night handed in.
The Marquis OF SALISBURY regretted that the
th TAKEN 1y He nad zone away
ton OF the Tribunal of Genena as to the indirect
claims, because after What they had done the case
might go on, and the arbitrators might award
lump sum as damages without specifying the class
to which they belonged.
Lord PENzANcE said all that was wanted was that
the government should be left in position render
Ing them free, on receiving the answer of the
American government as to the course they pro-
withdraw from the arbitration. From the state
ment Of the noble earl Earl Granville) he gathered
that this object had been secured.
The Duke OF SOMERSET thought that the course
taken by the government had seriously implicated
the position assumed by this country with regard
to the indirect claims and argued that they ought
to have refused to present the counter case until
the indirect claims had been withdrawn. This he
contended was the intention of the country and Il
ought to have been carried out by the government.
After few words from Lord Denman and Lord
COlonsay the subject dropped
Mr.. RATHBoNE asked the Prime Minister whether
Her MaJesty's government had sent or would send
In the counter case to the arbitratOrs at Geneva
Mr.. GLADSTONE replied that the counter case had
been f0rwarped by Her Majesty's government to
the arbitrators at Geneva, and 1t would be lodged
in their hands before the 18th instant. He might
also state that together with the counter
case note or statement had been sent in on the
part of Her Majesty's government reservng all
rights, and explaining the conditions under which
the counter case had been sent. General Schenck
had been informed Of this step, and he believed
had "a
and that they had instructed him that 1t would
not affect, in their opinion, the position OF either
Mr.. DrsRAELI said this reply had anticipated his
question in a great measure, but he still wished to
Inquire whether the government was prepared to
place papers on the table, 80 that the country
might have clear conception of the conditions
under which the government had felt 1t to be
their duty to make their replication or counter
case He need not remind the House that unless
that had been done before the 18th April the
whole proceedings would lapse; but the counter
case certainly ought to have been accompanied
with q statement OF the reasons and conditions
upon which, they being under this necessity, had
lodged their counter case. Much was due to the
government in this difficulty, but something was
also due to the English people; and he could not
but think that was proper for him to urge upon the
government whether they did not feel 1t to be their
dnty to publish these conditions together with their
counter CASE SO that the country could be perfectly
satisfied that in sending in the counter case the
government had not, either directly or indirectly,
acknowledged the justice OF the indirect claims,
for on that point there ought to be no misunder-
eminent Judge to whom the duty of representing
this country had been entrusted would resume his
functions.
Mr.. GLADSTONE was understood to intimate that
Chief Justice Cockburn, to whom the government
felt much indebted, would continue to discharge
his duty as one OF the arbitrators. Her MaJesty's
government felt deeply the forbearance with which
they had been treated by all sides of the house. and
although they had fully anticipated it, they not the
less cheerfully appreciated it, similar 10rbear-
ance had been exercised by the legislative bodies
on the other side Of the Atlantic, They also were
tuy aware OF tho public anxiety which prevailed on
this matter. He would remind the House that there
were two series OF documcnts-one belonging to the
communications relating to the treaty and TO the
arbitration at Geneva, and the other to the COM
munfeations which had passed with respect to the
cases which to be lodged. With respect to the
counter case itself he could not name the precise
day but II would be laid on the table as soon as
possible. with respect to the correspondence, the
reply OF the American government to Earl Gran
vllle's note OF February was received on the 18th
Of March; reply to that was transmitted ON
the 10Th OF that month, and would be In the
hands OF the American government early in
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