The Hawaiian gazette., 1872-06-05
An Important part OF the Recent
Alabama Correspondence.

New YoRK. Nav l6th-The following is an
important portion Of the AlIbdma correSpOn.
dence now before the Senate that has not been
previously published in one form or another. Ca
May Sth Secretary Fish telegraphed to Minister
/ Schenek as follows: " All propositions made by
the British Government involve covertiy, proba,
bly without design. suggestions that thus Govern.
ment cannot agree to. viz the withdrawal from
I the province Of the Tribunal Of what we believe
to bee niirely within their competence and !
need not repeat our conviction that the Arbtra-
tors have right to decide whether the claims to
which Great Britain objects are not admissible,
aud that the United States will be contented 10
abide by their decision. whether favorable or ad-
verse to that class OF claims. The proposition of
the British Government is upon the basis that
the view which they have heretofore presented
shall be the principle Of future action and conduct.
The view which We have presented is not priu-
ciple. but on opinion as to the construction Of the
specific treaty, and is applicable only to the one
pending as to q difference on an incidental aud
temporary question. and cannot be principle for
future action. This Government holds directly
opposite views with regard to the competence Of
the Tribunal to consider tine validity OF the CLAIMS
and. although DESTROYS Of coming to an honorable
understanding, it cannot adopt the British view
or make it the basis Of a reciprocal engagement
10 my telegram yesterday. / explained that the
President cannot and will not withdraw any part
Of what has been submitted within his consiruc-
ton Of the intent and spirit Of the treaty aud if
the British Government persist in their demand,
the responsibility for any failure Of the treaty
that may ensue must rest with them. You will
advise them Of the impossibIity, resulting as well
from the constitutional inability Of the President
10 withdraw what this Government is Of opinion
has been Submitted within the extent and mean
ing Of the treaty, as from his unwillingness TO
compromise the rights and dignity OF the Govern
meut. Of his yielding to demand not founded on
right or sustained by any valid construction Of the
treaty. The hopes, however, are that the British
Government may see way TO maintain the
treaty, 10 the suggestion Of new article, as meu-
toned in my telegram Of yesterday. Should they
not adopt this suggestion, the inference must be
almost unavoidable that they have determined to
abrogate the treaty. If, however. they adopt the
suggestion, you may say the probability is that
Congress Will adjourn about the latter part Of this
month, and time may De saved. Therefore the
negotiations on this point should be conducted
here or in London, if they desire such nego,ia-
;ions. 1t may be advisable to save tine, which
can be done if they give instructions to their Min
lister here. You will keep me advised as to the
probable action Of the British Government, so
that the President may communicate the cores
POndence to Congress on Monday, il case the
British Government break the treaty.
HAMILTON Fish. Secretary of State.
o. the 9th instant Scbenck telegrapbed to
Fish that be had presented the latter's views to
Granville as contained in the Telegram OF the Sth
and that the British Government made great and
apparently insurmountable objections to the adop-
ton of the new article, on the grounds that the
language describing the consequential damages
must necessarily be so broad that it would prob
ably commit both Government beyond what they
would either Of them risk to be bound. They
prefer interchange Of notes because by that form
they can narrow The agitation so as to relate only
to the active point Of the subjects Of difference.
In reply TO Schenck's statement that the Pres
ideut, without assent Of the Senate, would not
60 so far as this proposition would lead, Gran
vile suggested that the President might be will
ing to submit the notes 10 the Senate for their
advice, and Schenck asks if the President would
do so. This kilograms concludes with bis Lord
ships last words, after more than two hours con-
versation. They were as follows e carefully
avoid anything ike menace, but in consequence
Of the views and information you presented to
me to-day take an uuisvorable view of the
chances Of any settlement" / told him that |
was getting to be of the same mind.
In subsequent despatch of the same date,
Schenck advises Fish Of the willingness Of Graz
vile to modify his note proposing additional arti
cles, and on tie 10th Schenck te'egraPhed the
Of Granville as agreed upOni in Cabi-
net meeting, and which. ii ;he United States
Government thinks ct to adopt. viii be accepted
by The British Government and the full text Of
which was telegraphed yesterday
The following is the special message of the
President accompanying the correspondence to |
the Uulted States Senate:
Il transmit herewith the correspondence /
which has recently taken place respecting the /
Of opinion which have arisen between \
this Government and that of Great Britain. with |
regard to the powers of the Tribunal of Arbiira-
ton created under the treaty signed at Washing
ton. in May. 1871. l respectfully invite The at
tention Of the Senate to the proposed article sub
mitied BY the British Government, with the OBJ
iect of removing the difference which seems to
threaten the prosecution of arbitration. and re-
quest an expression by the Senate of their dis
position IA regard to advising and conseuting to
The formal adoption of the articles such as are
proposed by the British Government.
The Senate is aware that consultation with
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