Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-04-24
KILOGRAMS TO THE STAR
This Afternoons Dispatches.
3CSOCJATEn FSS PpnpTS
The Indirect Damages.

WHAT SIR EDWARD THORNTON SAYS.
NEW YORK, April I.-Sir Edward Thornton
English Minister to this country, spoke las
night at the dinner of the Society of st. George
Abiding 10 the Treaty of Washington, he said
AT the time of the conclusion OF the Treaty OF
Washington was gratited at having had the
honor OF being one of its signers. had the firm
est faith in the principle of ar bitraton, and sti
have. No one supposed that the British COM
missiOners ever had an idea that claims for indi-
rect damages were ever included in the treaty.
subsequent thorough examination OF its word
ing has rot persuaded them TO the contrary, but
has confirmed their original and publicly pro-
claimed belief. The government of the United
States declare that they think otherwise, and
they undoubtedly have the right to form their
own opinion. can but hope, however, that the
present atte mpt TO apply the great principle OF
arbitration Will not fail on account OF such a
misunderstanding, and a solution seems palpa
blei for whilst il is easy, dignifed. generous and
magnanimOus between two nations OF about
equal power for one of them to waive a claim to
which she considers herself entitled, il would be
impossible for the other 10 he bound by dec.
sion that renders her debtor on account of q
claim which she does not even admit she has
ever agreed to submit to arbitration. am con
WINGED that such solution of the question
would be applauded by every nation in the
word, and IT would DO honor to the great repub-
&c of the United States.
WHAT THE LONDON TINES SAYS.
NEW YORK, April A.-The London Times Of
the 18th instant, in its article relative to the
presentation, with the protest, of the British
counter case, said:-'i The course to be pursued
before the arbitrator on Monday is so plain
that 1t Cannot be mistaken. We shall deliver
our counter case, but we must accompany II
with the protest that we do not allow that the
claims for consequential damages preferred in
the American case are included in the reference
to arbitration, or that it is within the province
or the arbitr8tOrs to determine whether they are
or are not included; and further, that we tender
our counter case without prejudice to the privi-
lege, OF which we intend to avail ourselves, o.
Withdrawing at the next stage of the proceed
III consequential Ia m n.
not abandoned in the interval. The respect for
the board which induced us last year to refer TO
their arbitration the claims we have preferred,
remains undiminshed; but the principle Of ar
bitIation itself would be hopelessly damaged II
we did not insist on restraining the reference
within the limits to which both government
had agreed. What nation would ever again
permit difficulty with another country to be
referred to friendly judgment if it were once
allowed that the mere fact of arbitration hay-
ing been agreed upon gave the arbitrators
jurisdiction and authority TO decide upon every
thing which either ltigant might insist Oh bring
ing before them? So far from soliciting judg
ment OF the arbitrators upon the construction OF
the treaty, we must deprecate any expression OF
opinion from them upon il, and indeed we m ay
be certain that respect for their own dignity
will restrain the arbtrators from making any
declaration as to the meaning OF the convention
when they have been given to understand that
1t would have no authority. The counter cas-
itself should not enter into any argument as to
the admissibiity of the consequential claims.
III should treat them as a mere nullity, to D. s.
expunged or otherwise removed from the case
before the next stage is reached. We shall thus
have done all that can be required of us, leav-
ing TO the other side the responsibility of de-
Gliding whether the arbitration is to proceed or
TO become abortiye. 1t is through the inclusion
by their draughtsmen of claims we never re-
ferred TO arbitration that the difficulty has
arisen, and if the Guilty is to be removed, i.
must be by retracting the false step which has
been provoked. We must await the issue with
no unworthy anxiety, feeling that we have not
stnted any effort to render it one OF peace an /
tIiendi hip.