The New York herald., 1872-05-15

! tory OF the Alabama ana other cruisers
equipped, or which had received augment tatlon of
force In Great Britain or in her colonies and or hd
W i. Extensive % direct losses in the capture ana
destruction of q large number OF vessels, wtH
their cargoes, and in the heavy national ex.
pendtures on the pursuit OF the cruisers, ans
q Indirect injury, In the transfer OF large part
OF the American commercial marine to the British
Dag in the enhanced payments OF insurance, In
the prolongation OF the war, and In the addition OF
large sum TO the cost OF the war and the snpprcs.
sion OF the reoellion, and also showed,
g. That Great Britain. by reason OF failure IN
the proper observance OF her duties as neutral,
had become justly liable for the acts OF those
claims for the loss and destruction u
private property which had thus far been
dollars without interest, which amount was Liable
to be greatly increased by claims which had bee1
presented; that Tue COST 10 whicn tue government
he ascertained by certificates OF government ac-i
counting ofiicers that in the hope Of AN amicabid
settlement no estimate was made OF the Indirect
losses without prejudice, however, to the right to-
indemnincation on their account In the event os NO.
such settlement being made. The American com1
mssioners further stated that they hoped the Britt
ish commissioners would be able to place upon
record
AN EXPRESSION OF REGRET
by Her Maesty's government for the depredati0nS
committed by the vessels whose acts were now
Joint High Commission should agree upon SUM
which should be paid by Great Britain to the nited
The British commissioners abstaincd from reply!
ing In detail to the statement OF the AmercaH
commissioners In the hope that the necessity for
entering upon heightened controversy might b6
ment as that which they were instructed to pro4
pose, and they had now to repeat on behalf OF their
governments the offer OF arbitration The American
sion OF the British commissioners and said furtherx
that they could not to submit the question Of
the nabihty or Her Ma1esty's government to arbi-i
trati0n, unless the principles which should gOvernl
the ar6itrators in the consideration OF the facts
subsequently discussed and agreed upon, and incor,
porated In the draft OF the sixth article OF the
treaty. On the 9th OF May the commissioner
met for their final conference and Lord
Dearsy said d. that, that IT. had been mos1
ISOLATED with colleagues who were animated with
the same sincere desire as themselves to bring
Sot Mr. eaG that thu
conference the American commissioners had bcen
impressed BY the earnestness OF desire manifested,
by the British commissioners
TO REACH A SETTLEMENT.
worthy OF the two Powers. His colleagues and he !
and the open and friendly manner In which tha
British Commissioners had met and discussed tiiel
the treaty which, 1t was hoped, would receive ths
approval of the people Of both countries, and woud
gerstandins between them for ali time to Gomez
Two days afterward the treaty was signed, with thd
Her Britannia Majesty and the President of the
United States of America, being desrous to provide
for an amicable settlement OF all causes Of dinrr1
between the two countries, have for that pnrl
pose appointed their respective penipotentiarics,
and the said plenipotentiaIles, after having oS-j
in due and proper form, have agreed to and con.
cluded the following articles:-
In the view Of Her Majestys government the
statement made by the American Commissioner oul
the Sth OF March contained waiver OF the claims
for indirect losses contingent on an amcabe sette1
mcnt being arrived at, and this waiver consisted or
/. fne affirmative statement that in hope Of
amtcable settlement no estimate was made Of tho
indirect losses The words ''n hope OF an amicabid
settlement" are In themselves grammatically gene.
mean in the hope Of any such settlement as the
parties shall acknowledge to fall under the phrase
NOW THIS PART OF THE WAIVER
being declaration In which the other party ha1
interest, and so far Of the nature OF the promse
could only be so limited by an express specifications
following 1t Immediately, or at least before thS
other party had taken any step in reliance on ~
s made e ass % ssseua ssss e
retains the cnactcr anoSs
described as its literal and grammatical meaning,
sa Estimate WAS maSe y e
losses y had special regard 10 the form OF anti
s OF ss
sum. This, however, can only be mentioned
subject to to the, qHa,IIacatlon qI 18th that, ,,l !!
withheld in the hope that that proposal would be
accepted, and If the view OF the American Commis;
alone would constitute the '.amcabie scttement,''
in consideration Of which the estimate OF indirecs
when the proposal was declined, was to present
that estimate, or II not then, In some other
as sey a aee ffsg ay da iys not
give notice to the British commissioners that their
hope Of an amcahle @ TN, naa been %
to the effect OF making this first portion OF tia
waiver dependent on the rejected proposal, an1
TO stand In It's original and grammatical generality.
THE SECOND PART OF The WAIVER
Is as f0Ilows:-
ca Their accom-" q indirect losses
meaning Of the words mo such settlement Now
the word 'such" grammatically qualities the
dent expression 'amicable settlement" "such,''
therefore, means amicaLe, and the ,.,g right
e the ps6t reTye s
question OF indirect losses, in the event OF no
amcabe settlement being made aud Is nothing.
posal whatever had been made Tor payment OF q
gross snnl, or for any particular form or mode %
whether the treaty was Itself an amicablc settle.
ment or which is the same thing for the purposes
Sn ann a%icaSe deu''s settleme"t @ and ~ step on
the road to t. This question Is an,% answered oy as
Presacnt Of IF the United states had, as well as Her
Majesty, given his commissioners certain rowers,
in order to provide for an smicsoie settie'neDs o.
were Included; that these powers had been conn
pared and verified, and that In virtue OF them
the commissioners had agreed upon the articles Of
the treaty, which are then set forth In order. The
amicable settlement ls here distinctly recognized,
not az particular solution OF the pending ques-
ti6ns. which had been proposed and set aside, bus
as @
AN OBJECT or NEGOTIATION
which had been provided for In a manner sattsfac.
tory to both parties, and the provision for which
was embodied In the treaty; The reservation,
had not come into play. The waiver remained In
full force, and the indirect losses sere excluded by
the preamble Of the treaty nom the scope Of the
arbitration. - : H.f
PART H.-oN THE CONSTRUCTION OF THE TREATY
3 OF WASHINGTON.
Upon the construction OF the Treaty OF Washing.
ton, apart rom the protocols, there appear to DO
three questions:
1. what claims are described by the words ''tho
claims generally known as the Alabama claims ~
g What vessels are described by the words, "tho
which uven 4 n m q