The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-17
The British Protest Against IN
American Case Before the Genev
Tribunal.

Tribunal.
We have a special despatch from the other
side to-day which informs us that the arbitra-
ton on the Alabama claims is at complete
standstill, and will so remain until the reply
from Washington to the British protest against
the American case on consequential damages"
shall have been received by Her Majesty $
governments and that meantime such is the
character of this protest that it inspires but
little hope as to the issue of future negotia-
tons. In other words, while still holding to
the treaty, in the submission Of her counter
case at Geneva, England, without modifica-
ton of the American case, will ''proceed no fur
Their in this business, and the great treaty.
which we have proudly proclaimed to the
world as the glorious example which would
establish arbitration for war in the settlement
of international disputes, will pass into history
as one of the unfortunate experiments of dip
lomacy
We are admonished that England, rather
than consent to the recognition of these
consequential damages, will sacrifice all the
advantages of the treaty and run the hazard OF
all the possible calamities that may follow its
rejection. Mr.. Gladstone is not prepared to
sacrifice himself and his Ministry in consent
ing to meet the American case upon its merits
before the appointed Court, and Mr.. Disraeli
and his leading colleagues of the opposition
have pushed the Ministry to the wall This,
too, while Disraeli has publicly admitted that
the United States government cannot recede
from its position, and that there is no alterna-
tive to Gladstone but that of the recognition
of our claims direct and consequential. And
yet it appears from this English protest that
Mr. Gladstone, upon the alternative of con-
senting to meet the American case before the
Geneva Tribunal or of quashing the treaty, is
prepared to withdraw from the treaty. Rather
than consent to the principle Of these indirect
claims he is ready Tor wishes to convey the
impression that he is ready to abandon the
mutually satisfactory adjustment of the North
eastern fishery difficulties, the Northwestern
boundary dispute, and the very important set
Elements of the reciprocal navigation of the
ST. Lawrence and its Canadian canals and of
the great lakes and of our canal of the Sault
Ste. Marie, connecting Lakes Huron and
Michigan with Lake Superior; our Alabama
and the British claims adjustment, and, above
all, the three eminently wise and benefcent
rules of neutrality embodied in the Washing
ton Treaty. These comprehensive bonds of
peace for the two great nations between which
no hill re RI
be snapped asunder if we adhere to the indi-
rect damages of the American case on those
Alabama claims.
What is there in the indemnity demanded
for these indirect damages that is SO very Often
sive to England as to cause her to choose the
rejection of the treaty, with all it's advantages,
and to invite the perils of war with the United
States, involving the dangers to the New
Dominion, rather than allow the American case
as it stands to be considered by the Alabama
arbitrator? This looks like wilful de-
parture from good will to bad temper from
peace to a condition bordering upon war,
from the way Of safety to the way of
destruction. Why this desperate alternative?
1t is said that from the argument on
the American case on consequential damages
England is held responsible for half the cost
to the Union of the war of our rebellion; that
but for British neutrality and belligerent
rights Anglo-rebel cruisers against our COM
merce, British blockade runners and British
''aid and comfort to the enemy in various
forms, at outlying naval stations and on the
high seas, the war of our rebellion would have
ended with Lees defeat at Gettysburg. These
consequential damages, therefore, can never
We are assured, be recognized by England
She knows that the government and the
people of the United States neither demand nor
expect any such enormous indemnity rs this
In the very outset the admission of England
that she was sorry for the depredations of the
Alabama and her piratical confederates, and
regretted the consequences, we accepted as
worth at least two thousand millions of dol
lars, which will nearly cover Mr.. Sumner s
original bill of damages. That apology of
England we accepted indeed, not only as
atoning for multitude of sins, but as the
needed consummation of the diplomacy of
ptlSt. Lulu ICutcItCu, Ill It'll duu DrleI
despatch, rudely overthrows it, and the treaty
is practically broken. This was the view of
Mr. Davis, as he regarded the announcement
of Lord Tenterden as so serious in its charac-
ter that he was compelled to ask the instruc-
tons Of the President. These instructions will
decide the question.
AS we have said, it is not the possible
amount of money which may be awarded
from the arbitration on these indirect dam
ages that makes these claims SO offensive to
England; it is the indictment, the charges,
the specifications and the pleading against
England's extraordinary belligerent rights
and per6dious neutrality" rs u neutral
in our civil war, that constitute the unpar-
donable offence in the American case. And
surely never was there more scorching in
dictment Of one nation against another laid