The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-05-16

"SaS h"" oSSu seSuIeu ny tne rules Il
which they had given their assent but the,
could see that 1t would be advantageous /
either Of the three rules, though a wan
OF due diligence on the part OF their exc
cutiOn offers 10 attack such tremendou
consequences to an unitentlonal violation
ot neutrality. 1t might be a single &C
OF negligence would strike heavy bloV
at neutral war, then surely any con
sequence more formidable to bellig
Grant than those who might thus be In
Cured by a neutral OF such claims i
these were once admitted they pre-
sent without any such compensation
the risk Of intolerable loss. With respect L
the disclaimer made by Mr. Fish, OF any
expection or wish on the part of the gov
ernment Of the United States 10 obtait
any unreasonable pecuniary compensa.
tton on account Of these indirect claims
l think 1t sufficient to observe that on the
question a large amount OF the British
people, and Of the government here
have been Obliged to look to tho nature
and grounds Of the claims as they are
stated by the United States, and who have
OF course, been unable TO form judgment
from any other data Of expectation than
those by whom the claims are advanced
II the claims could be considered as well
grounded in principle, 1t appears that the
magnitude OF the damages which might
beresult Of their admission Is enormous.
The grounds Of these views arc on the
contrary, to render the obligations Of fneu.
trality, so onerous as they would become
II the claims Oi this nature were to be
treated as proper subjects for international
arbitration. Whatever construction may
be placed upon the first article OF the
treaty, 1t Is impossible to sever the terms
OF reference therein contained from the
rules in the sixth article, and the measures
of liability under arbitration therefore will
be the measures of liability incurred by
our neutral Slate, which, after according
to these rules, may by an act of omission
fail to fulfill any Of the duties set forth,
The United States and Great Britain have
bound themselves by the treaty to the oh.
scrvanCe Of these rules as between them.
selves in future. They have moreover
bound themselves TO bring these rules to
the knowledge OF other maritime powers
and invite them to accept them. Could II
have been expected that these powers
would accept proposal which might en-.
tail upon the neutral such an unlimited
liability, and In some instances might in
volve the ruin Of a whole country? Her
Majesty's government cannot for them
selves accept such liability, nor recon.
mend the acceptance Of It to other ua.
tons Our government and tho people
of the United States preferred to
undertake the obligation Of paying
to an aggrieved belligerent the ex-
penses OF a prolongation of the war
and other indirect damages of which the
United States are claimant. II the Uni.
ted States were neutral, they can be shown
TO have permitted infringments OF any
one or part Of any one Of Fl more fully
stated in third part OF the enclosed mem.
orandum. Mr.. Fish has appealed to the
proceedings at Washington and claims u
commission In connection with the Con.
tederate cotton claims Of Her Maiesty's
Government. He must, however, observe
that there is no analogy between the
two cases, as by the treaty the Wash.
ington commission has power 10 decide
In each case whether tho claims have or
have not been duly made, preferred and
laid before them, either wholly or to any
and TO what extent, according 10 the
true intent and meaning Of the treaty, no
similar words being used as to the powers
OF the Geneva tribunal. 1t is the func.
tion Of the Washington Commission to
decide upon variety of general claims,
not Of one kind, nor limited or defied be.
forehand; and Her Majesty's agent was
instructed that his duty would prima
tacie be TO prosecute such claims as pri.
vate individuals might tender for that
purpose for acceptance by the Commis.
sion; Her Majesty's Government not in.
tending TO make themselves responsible
either for the merits Of particular claims
OF for the arguments by which they might
be supported.
The Jurisdiction Of the Geneva tribunal
was limited to one particular class and
description Of claims. The facts are as
follows:
On the nth day of November, In pur.
suance Of the general instructions which
had been given Her Msjesty's agent, q
claim upon bond issued by the so.called
Confederate States for sum forming part
Of IA loan called the "Cotton Loan" con.
tracted by those States, and for the pay.
ment OF which certain cotton seized by
the United States was alleged to have
been hypothecated by tho Confederate
government, was filed at Washington,
and on the 2lst learned from you that
the United States government OBJ jected to
claims OF this kind being even presented
Spme delay took place in consequence oil
unavoidable causes, with some of which
you are well acquainted, and there were
others which, as a necessity not only oI
communicating with my colleagues, bul
with Sir Edward Thornton, and consid
erlng how far under the same govern
ment description there might be included
claims substantially different. The dis
patches from Her Majesty's agent, givinl
details Of tho nature Of tho claim Of thI
demurrer made to buy it by United State
agents, did not reach me until the 9th O
beCeuueI' uuuI III lue lHeAullme
ascertained from Sir Edward Thornton
that the expression, "acts committed ;
had been used by mutual agreement Ii
the negotiations which preceded the ap
pointment Of the High Commission will
a view to exclude claims Of this class from
the consideration OF the Commission, thos
words being also used In the 18th articlC
oi the treaty with regard to private
claims, the question was brought bcfort
the Cabinet at its next meeting on thI
1lth, and was finally decided on forth
with as definite by Mr.. Gladstone. Tht
decision was that tho confederate cottol
claim should not be presented unless il
the case OF the bonds exchanged for cot
ton, which had thereby become the actua
property of tho claimant, and direction
were given TOR a dispatch to be sent I,
this effect, aud on the 10th inlorme,
YOU that you might write 20 Mr.. Fish tina
Her Majesty's agent would be instructeC