The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-02-09
FRIDAY EVENING, FEB. 8, 1877:
THE TREATY IMBRoGLto.

Of the British Parliament have been work. |
ing themselves up to white heat of ex-
element over the alabama Claims" so
called, or rather over what they are pleased
to sail the ''unwarrantable presentation"
Of them to, the Court of Arbitration at
Geneva. The Atlantic cable has been put
under q heavier pressure Of batteries, for
the purpose Of transmitting what has been
said and done in the last three or four days,
than it sustained at any time during the
Franco-Prussian war, not excepting the
memorable day that witnessed the explo-
sion of the French empire at Sedan, when
its power of transmission was supposed to
have been taxed toIts utmost. The effort
on the part of these sensationalists would
seem to be, to forestall a general European
judgment on the character Of these claims
in advance of any opinion given by the
Court of Arbitration, even upon the pre-
liminary questions that may arise in the
presentation of the American case. In
this, England virtually assumes to be. the
Judge of what is and what is not submit
ted to the Geneva tribunal by the treaty,
when that instrument itself must determine
the matter, according to the understanding
of its terms by the arbitrators.
The speech of the Queen, which was
read to the Lords and Commons at the
opening of Parliament on Tuesday, pro-
badly presents the case as mildly as the
temper of her Cabinet would admit, since
it is reported that great dissatisfaction had
been expressed, by some Of its members,
with certain portions Of the treaty, in
which it was thought an undue advantage
had been gained by the superior sharpness
of the American lawyers in fixing upon
the exact phraseology used. The Queens
speech does not complain of the treaty it.
self, or Of the terms in which it is couched,
only that, in the case submitted by the
United States, ''large claims are included
which are understood, on my (her) part,
not to be within the province of the arbi-
traitors"
This is manifestly not question for
tllucl Liic VI [luSilSdit iSpi S5Sulst-
tives before the tribunal to determine, nor
for their governments to determine, but
one which must be settled by the tribunal
of arbitration, within the meaning of the
treaty which creates it and makes to it the
submission of the matters in dispute be.
tween the two governments.
The specific language of the treaty is,
that Sin order to remove and adjust al
complaints and claims of the United States
aud to provide for the settlement of such
claims which are not admitted by Her Bri
t.nnic MajestY's Government, the high con
trlcting parties agree that all the clairnl
grmoing out Of acts committed by the qfore
said uessels, and generally kaoscn as the Al
ALBANIA claims shall be referred to tribu
nal for arbitration"
This language is both clear and explicit
and it implies that the British government
was ready to make good to us all TIN
damages we had sustained by her neglec
to enforce her own neutrality laws.
provides for the settlement of all claims
growing out Of the acts committed
by the cruisers made and fitted on
in her waters, whether she recognized
them as just or not; the question of thei
justice being submitted to the tribunal o
arbitration by both Of the high contrac tins
parties, and not to be determined by eithel
of them.
What Her Majesty's Government nov
seeks, and modestly asks at the hands o
the American government, is that we shall
withdraw so much of our claim for REIN
bursement as comes within the designation
of indirect, constructive or consequence
damages and this request is based on tn
alleged understanding of the British com
mssioners that consequential damages wer
not embraced in the language of the treaty
But reference to the negotiations and pro
tocols which took place, and out of which
the treaty grew, will show that such an I'm
derstanding as that alleged must have beel
utterly impossible. For it is distinctll
stated therein that the Operations of thes
q. vessels the Alabama and others) showed
extensive direct losses in the capture ant
destruction of a large number of vessels
with their cargoes, and in heavy nationa
expenses in pursuit of the cruisers, and IN
direct injury in a transfer of large part 0
the American commercial marine to tn
British flag, in enhanced payments Of in
surance, in the prolongation of the war
and in the addition of large sum to tn,
cost of the war;" And this concludin,
clause of the protocol settles the who'll
question of alleged misunderstanding =
"That in the hope Of an amicable settle
ment no estimate was made of the iadirec
losses, without prejudice, however, to th
right of naturalization on their account, il
the event of no such settlement bein,
made.o
This is the official record of the proceed
ings of the Commission, preliminary to tn
conclusion of the treaty, making distinc
reservation on the part of the America