New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-17
TILE ENGLISH PROTEST.

TIE ENGLISH PROTEST.
We have received the text of the note re-
ferred to by Mr.. Gladstone last Friday. which
he said CONTAINED n declaration on the part
"of the Government, for the purpose of re-
"serving all rights appertaning to the Queen
Gin this arbitration, so that in future the
Government would not be fettered by any im-
" plied COMPROMISED" 1t would be hard to ina
CINE more Delphic utterancc than this, and the
full text of the note thus heralded does little
to relieve the ambiguity of the Premiers
description. 1t simply informs tho Board OIL
cially that misunderstanding exists between
the United States and England upon the ques-
ton of the Interpretation of the Treaty; that
il relates TO claims for indirect losses under
the three heads so often mentioned-the trans
fer of American shipping to the British flag,
enhanced insurance and Dr0oDgatlon OF the
war; that these claims are not admit
ted by Her Majcsty's Government to be
within the intention and scope of the arbitra-
ton; that correspondence is now going on be-
tween the two countries to settle this misun-
derstanding, and that in the mean while the
arbitration may proceed with reference TO Ill
rect losses, and without prejudice to the En-
glish position, Great Britain reservlng all
rights in the event of continued difference
of opinion. Lord Tenterden concludes by
stating that further communications may be
made on the same subject Mr.. Bancroft Da-
Wis, being without instructions for this con-
tingency reserves his reply.
In all this there is nothing whatever new.
Every fact rehcarscd in tbs note is known to
the world, and in this solemn notification to
the High Tribunal of Arbitration there is no
new attitude assumed. Great Britain simply
places herself in position to withdraw from
the Treaty if so disposed. This is a right she
had already, and of which nothing can deprive
her. 1t is of course natural that the Cabinet of
Mr.. Gladstone should make every possible
effort to induce our Government to withdraw
the indirect claims, and pending these nego-
tiations should make notification to the
Tribunal reserving all their rights. But there
is no probability whatever that our Govern
ment, so long as the Cabinet retains its pres
ent composition, will withdraw its Case. The
question will then come up squarcly be-
fore the Gladstone Ministry whether
they will risk parliamentary defeat by
going on with the arbitration, or will pre-
fer to save themselves at home by regulating
the Treaty. In either case, the resolution will
be a somewhat serious One If they rcpudiate
the Treaty they acknowledge an utter failure
in the negotiation, and if they adhere to it
they will have to face the most envenomed
and the most hopeful attack which the Wig
liant Opposition, headed by Mr.. Disracli, has
yet delivered
If the British Government shall finally con-
Il,
it then becomes important to consider the
effect of this withdrawal upon the arbitration.
THE TRIBUNE insisted, some months ago, that
the Treaty could not be broken by one party
to it; that the right created by the Treaty did
not lapse by the mere refusal of one
party to appear and plead before the proper
tribunal 1t seems now that this view
has become familiar to both sides of
the controversy in Geneva and in London;
that it is fully expected there, in ease Great
Britain peremptorily withdraws, that we shall
maintain our attitude under the Treaty before
the Board, and shall insist upon verdict in
accordance with the facts and the pleadings.
Late dispatches from Geneva announce
that our Commissioners and Council
there insist upon this view; and
Earl Granville in the debate of last Friday,
when attacked for presenting the British
counter case in the existing state of affairs,
said that the omission to present the counter
case would not prevent the arbitration from
proceeding. Lord Salisbury expressed his
fears that the Government was hOpelessly
committed to abide by the decision of the
Court. The 22d of this month is the date as
signed by Earl Russell for calling up his mo-
ton in favor of a peremptOry withdrawal from
the arbitration in case our Government refuses
to yield its Case. 1t is probable that
on that day some definite expression of
the purpose of the Government may
be made There can be no doubt by
that time of the position of our Government.
We do not consider it possible for the Admin
istration to withdraw the Case it presented
and still remain in office. 1t will not
be long before we shall see whether
Mr.. Gladstone thinks it more expedient
to repudiate the Treaty or stand by it. What
ever he concludes to do, our position before
the Board is unaltered. We have the right to
insist upon verdict from the Tribunal, and
there is no reason for either side to apprehcnd
it will be an unfair one.
------
WHO DID 1T!
-, no no