The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-13
The Alabama Claims-Posi!i ion of the British
Government.


Government.
Our special cable dispatches from London,
giving the debate in the two Houses Of
Parliament, as well as the news from
Washington, show that the British gov
ernment will submit its case, or coun-
ter reply, as it is sometimes called, on
the Alabama claims, to the Geneva arbitra-
tors. 1t had been stated that England would
proceed no further in this matter, or in eX-
ecuting the Treaty of Washington with regard
to the Alabama claims, till the United States
should abandon the claim for consequential
damages But we learn now that the counter
case or reply of the British government will
be delivered at Geneva on the 18th of this
month, the time appointed in the treaty for
the documents to be delivered. So far, then,
it is gratifying to know that the business will
go on notwithstanding all the buster and
protests of the English press and government.
But we are told that the British government
will not regard this act of submitting its reply
to the arbitrators as prejudicing the po-
sitlon it has taken in opposition to the
American claim for indirect damages. or as
prejudcing the argument that the au-
extend to the consideration Of conse quential
damages. 1t holds that if the United States
shall not, before the tribunal is ready to make
an award, have abandoned the claim for con-
sequential damages, England may and must
| retire from the board and withdraw her rati-
fcation to the Treaty Of Washington. There
are two months, after the time appointed for
the delivery Of the cases, allowed for argu-
ments to be presented, and the hope is ex-
pressed in England that the United States
| may during this time reconsider the position
taken with regard to claiming consequential
| damages In the meantime Mr.. Disraeli is
| squirting the Gladstone Cabinet to an explicit
| expression and course on this question. IF,
| therefore, Mr.. Gladstone should hold to the
! ground he took against the American case,
and the United States government will not
change its position, as we believe it will not
and cannot, Mr.. Disraeli may be called upon
to find q solution of the difficulty. The course
of the tories, as indicated by the speech of
Lord Salisbury, shows the deter mination Of
! the opposition and their resources. We
think there are some signs of yielding on
the part of England. At least the blus-
tering and very positive tone assumed at first is
qnieted down considerably. AS there remain
two months yet for argument and considera-
ton, and as the British Government has decided
to proceed as far in the matter of arbitration
as to submit it's counter case to the Geneva
board, there is some reason to hope England
may find way out of this dilemma she has
placed herself in.
The question Of the submission Of the Eng
fish counter case to the Geneva Court and of
the position which has been assumed by
the Queens government before that tribunal
with reference to the American demand for
compensation for indirect damages was
brought to the consideration of both houses of
the English Parliament last night by Mr.. Rath-
bone, member for Liverpool, and Mr.. Disraeli,
in the Commons, and by Earl Russell in the
Lords, Premier Gladstone and Earl Granville
replying on behalf Of the government
Despite the consideration which attaches
to the high position and talent of
INC PuTtieS eHS"scu LII tue ueDaIe, anu
of the serious gravity of the general
subject, it must be acknowledged that our
cable report of the legislative proceedings
does not throw any very particular light on
the matter or afford us any additional or more
hopeful or exact ground for the anticipation Of
its early final solution. Mr.. Gladstone states
that the English counter case has been pre-
pared and despatched to Geneva. So far
good. The document contains nothing rela-
tive to the claims for indirect damages.
Ominous of delay and prolongation of the
diplomacy. special note accompanied the
paper in declaration Of reservation of sail
the rights appertaining to the Queen" in the
arbitration, so that "in the future the govern
ment would not be fettered by any implied
compromise" This looks very like deter
mination to revert to the first principle and to
again argue the proposition of the fitting out
and putting to sea of the Alabama with view
to its legal justification, and its paliation for
reason of a momentary oversight without ill
intent. Mr.. Gladstone states that Minister
Schenck approves of the course which has
been taken by the English Cabinet, and that
he notified Earl Granville that there was no
objection to it on the part of the United
States. The American counter case will
be presented in Geneva without prejudice to
the rights of either party, and the Queens
Cabinet has been assured by Minister Schenck
that the American government concurs in the
view that "the presentation of the counter case
would not affect the position assumed by
claims" Mr.. Disraeli expressed desire to
have the papers produced. The Premier
promised that they would be submitted to Par
Lament at an early day, taking OCCASION,
apparently well timed for his purpose, to
praise the people Of England and the people
and Congress of the United States for their