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

CUHCFUtHy, Sake OF
argument, that the war was prolonged in conse-
quence Of the existence OF the cruisers how many
days was it prolongeds How Is the fact to be proved
tat 1T was prolonged at ALP Are the arbitratOrs
examine, or to be furnished with, the evidence
OF Confederate officers and statesmen Are they to
examine, or to he furnished with the evidence Of
General Grant or his officers, or any OF the civil
officers OF the United States2 II General Grant or
his officers the members OF our then adminstra-
we had been unable to bring the war to u
close sooner than was done, merely
ocean capturing portions OF our marine. To do this
would be seriously to dsparage the reputation for
his command are supposed, and properly supposed,
to have exhibited In fact, the idea does gross in
loss Of men by General Grant during this campaign,
In killed, wounded ana prisoners, was said to have
been 100000. The battles which produced this re-
suit cannot be styled as in0fensve. How, then, can
it, with any show OF truth, be averrcd,
sS.t s,o, done in ,.,, the American case
offensive operations OF the insurgents were con-
Quoted only at sea through the cruisers 2
BAD LOGIC OF OUR CASE.
The capture of a few vessels that element and
their destruction is here considered alone TO have
been the offensive operations on the part of the
Confederates, while that character Is denied to
battles which Inflicted upon the United States loss
of loo, 900 men. Can ANYTHING be more idle =
T7iru-What course should our government now
adopt To determine this the following facts are
important That the British e ncgotaoas did not
1s but aob ' W is be at r al ss'G by
referring to what took place in Parliament when
the treaty was first under consideration Ia that
debate in the House OF Lords. On the 18th OF June,
1871, little more than a month subsequent to its
date, it was, in substance stated by Earl Granville
been Of the British Commissioners, that the
treaty did not cover any, such claim. The same
Northcote in the House OF Commons ON the Attn OF
August. Northcote was also one of the Commits
soners. These two commissioners had been for
n1DrI
leagues ana with the American Commissioners
upon all the subjects OF difference between the two
countries and which 1t was the object Of both ma
tons to have adjusted by arbitration 1t is hardly
possible, therefore, that they could not have known
the arbitratois. The subject Of indirect dam
ages appears never to have been alluded to
during the l., meeting Of the negotia1tors except
just two months prior to the date OF the treaty and
the statement there Is that no estimate is
the language Of the protocol, because OF g tho
hope of an alnicablo settlement" But the direct
the direct loss occasoned the United States by
their pursuit of the cruisers, it Is stated could
easily be ascertained
THE CONTEMPLATED SETTLEMENT.
Now, what was the amicable settlement hoped
for2 1t was settlement by arbitration Of such diff
ferrcd to arbitration. II the American Commits
sioners, either before or at the signing of tho
quential damages should be included in the sub
mission, Is 1t conceivable that they would not have
furnished an estimate of the amount SUCH an es
innate they declined to give on the Sth Of March,
In anticipation of an amicable settlement, and, in
declining stated that the claim was not
event that an amicable settlement was not
reached. What was the amicable settlement here
afterwards agreed to- Neither before the signing Of
the treaty nor since has any such estimate been
BY the F United ted why has mot
furnishing 1t in the protocol of the stu of March,
that is to say, because the treaty was the amicable
soncrs thought, and that the treaty not only did
not provide for the submission of the claim, but
which 1 have referred as made in Paria-
ment in June and August demonstrate. These
gentlemen possess great inteliigencs and are Of
they were speaking, and If their statements re-
quired any support it would be found in the fact
wa ward to the State Department at the
earliest moment, and were made public in the
United States, their statements were not con-
BY any other OF the American commissioners, OF
by any member OF the senate.
This silence on the part Of our government can |
not be reasonably accounted for, except upon the
hypothesis that our commissioners ana
administration took the same view of the treaty
in this particular as was taken by the British
continued to be the fact in both countries up to the
moment when the American case, as prepared for
fne Geneva convention became known II IS far
ton, to charge the State Department or
the President with having designed in this matter
to deceive the British Commissioners and their
government. But no one can doubt that, indcpen-
dent OF all question OF design, they were In fact
deceived II our construction OF the treaty is the
true one. They never would have consented to
the treaty II they had been advised that |
Britain is responsible for this claim she would have
saved money If she had become IN ally of the Con-
federate government and taken part in the con- |
fict. But in truth, as before observed the claim |
is, in the opinion, believe OF every lawyer in
the country, without the slightest legal foundation.
THE TREATY REPUDIArED BY ALL HIGH AUTuoRI-
1t has been repudated by all publcists OF au
thority here and In Europe, while the reported pur
pose Of the administration to adhere to it has Sc
riousy impaired our character for good faith and
Intelligence. Under these circumstances what
the claim No other course can set MS right In the
Judgment OF the civilized world. That bundcr
committed in making it is now admitted by all
men. 1t has been said that the President cannot
take such step without the prior approval
OF the Senate, and that to take it would tarnish
the honor Of the nation. There is no weight in
either suggestion II the President had not in
sttuted the claim no man in the country would
have censured him. The censure with Which he
is now visited Is because he has permitted the
claim to be made, and that the treaty, m
OF benefit to the two nations and SO pregnant with
future advantage to other nations, IL in conse
quence to fail. Good sense and honor demand that
error be corrected when first discovered. The
absence Of good faith and honor is not exhibited by
correcting error, but by dogmatic and obstinate
perseverance IN it.. All VIII admit that the interest
and prosperity OF both nations depend in great
measure upon their having the most friendly rela
tons. That such relations should exist Is
the ardent wish OF the good men OF
both countries In the language OF one
of Englands abest statesmen, who during
war was the constant and jealous friend of the
United States-Mr. John Brght-nO man viii dare
to say that the people Of the United States the
people of the United Kingdom are not in favor Of
peace; and I assert thls--that he is an enemy
of our English race, and, indeed, an enemy
OF the human race. who creates any
difficulty that shall interfere with the permanent
peace and friendship OF all the members OF great
Englishspeaking family.
WHAT Is INVOLVED.
Nor isit, think too much to add that liberty itself
IS more or less involved In the existence Of such
lItions. That claim, therefore, from which ne one
believes anything can be realized, and which, In the
almost universal opinion OF intelligent men, is with
out legal warrant, and even thought TO be abso-
lutcly absurd should he permitted to render the
treaty abOrtive would seem to be impossible IL the
President and his Cabinet are wise and patriotic
statesmen. The leading object OF the treaty,
and that which has challenged for
1t the approval of mankind, is that it substitutes
peaceful and honorable termination OF national
controversies by arbitration for the uncertain,
hmm unchrtgtan arbitramput OF the sword.