New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-02
Ahstroct Of the British Case.

NEW YORK, February Zine 1raOune
of this morning publishes an abstract OF
the British case submitted to the arDltra-
tors at Geneva. In this statement her
maiesty's government complains that 1t
has had TO reply to an argument not pre-
sented. When that shall have been pre-
sented. and the claims OF the United States
shall be defined precisely, her majesty's
government will exercise the right con-
ferred on it by article fourth OF the treaty
to submit to the tribunal such an additional
statement of facts as the case may exact.
Until comparison of the cases presented
by both parties shall determine
the points really in dispute between
the two governments, it will refrain from all
discussion intended to sustain its own posi-
ton. and will limit itself at present to sub
hitting to the judgment OF the tribunal the
following considerations: AS ships, what
ever may be the circumstances, were pro-
cured in British ports tor war purposes,
and were employed as belligerent cruisers
against the United States, while Great
Britain herself remained neutral, these
events have been the cause OF disclosure
and regret to the government OF her Brit
annie majesty. This regret exists despite
the following facts, which, it must be con-
coded, are important to arrive at just ap-
probation of the question:
The vessels were procured by cunning
vigilance of the government officers. Not
one had leave of armament. Some had
been constructed as ordinary merchant yes
sells, having nothing which would adapt
them especially for war. In number they
were very small: and, finally, the persons
who obtained possession and control OF
them and employed them for beliIgerent
purposes were themselves American cltl-
zens, which the United States government
al, Tod G,r.h shnl1 Id
seriously affect in the mind of every impair
tial man the question relative to the respon
sibility of neutral government.
The United States government processes
to have right to pecuniary indemnity Tor
claims which, it says, resulted from the act'
of these vessels; that is to say, the warilkt
operations carried on by means OF these
ships, by persons who had them N thel
possession. 1t is evident that pretensoI
of this nature is such that her majesty
government, animated as it is with the mos
amicable sentiments toward the United
States. could not, in virtne OF the respect
it owes to its own rights, and those OF neu
tral nations in general, consent 4
admit, since it believes that 1t Is
not founded on justice. 1t devolye!
on the United States to establish
the propositions it has advanced. to stat'
clearly the international duty or duties or
which they are based, and to demonstrat,
the violation of which it complains. 4
charge against sovereign government o
having evinced culpable negligence in tn
exercise of one Of the powers of sovereign
ty is an imputation which should be sus
tanned by strcng and solid reasons. A ma
ton ought not to be held responsible for
delay or an omission which may be du
simply to accident, and not to want OF fore
sight or reasonable care.
Finally, it does not suffice to demonstrate
that an act has been committed which gov
eminent should have fOreseen. What mus
be advanced and proved is that government
failed to exercise the same amount OF car
as it usually employs in her internal affairs
and which it may be reasonably required L
use in matters affecting international II
terests and duties.
If the tribunal decides that Great Britail
has incurred any responsibility whateve
toward the United States, the question VII
then arise as to what will be the jus
measure and extent of that responsibility.
Her majesty's government abstains
present from entering on this question, an'
reserves for a more advanced period OF tn
discussion all observations that 1t shall az
termine to submit on this point IN the nam
of Great Britain.
Whether the decision of the tribunal Is 0
is not favorable to her, Great britain
ready to yield to its decree. She has oni
one wsh-that it be just. She raises onl
one pretensiOn-that it be founded on
faithful and equitable Interpretation OF IL
rights of man. and on principles which he
self and all other powers will not repent
recognizing and observing, either as ne
trails or belligerents in time to come;
If claims of this kind were admltte
without reserve, belligerent could as
to be Unidentified by neutral for resul
which Justly ought not to be laid to II
act of the latter, but should be place
to his own incapacity and deficient init
tive.
Her majestys government is obliged
point out, that IN regard to the Sill
which form the object OF the precedl
statement, the United States governmel
or its officers evinccd extraordinary tar,
ness in employing the naval forces at
command, and that If ordinary activi
were exercised to capture or inrerce
these vessels. the losses OF which the Unit
States complains, to-day would have be-
in great part averted.