The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-03
BACKING Down HONORABLE.
If the President Persists Congress
ma Should Object.
National Peace and National
Honor Endangered.
A Bid for the Applause of the
Whole Civilized World.
Reyerdy JoGanson's Letter to
Peters, OF Maine.


The following is the text OF the letter written BY
Reverdy Johnson to Representative Peters, OF
Maine, the mover Of the House resolution calling
for the withdrawal Of the claim for consequential
damages in lease" to the Geneva Board Of
Arbitration under the Treaty Of Washington
BALTIMORE. April 20, 1872.
Hon. JONI A. PETERS, Washington =
DEAR SIR have read the resolution offered nv
you on the 9th inst in the House Of Representa-
ence which now exists between our government
and the government of Great Britain, to the true
Washington Treaty OF the sth of May, 1871 and,
agreeing with YOU, proceed, with your permission,
to state the reasons which have brought me to that
The subject may be considered under three
eads:-First, what is true the construction OF the
treaty. irrespective Of eXtrinsc circumstances oc-
curing before or subsequent to its date. Second,
what the effect OF such circumstances In showing
governments. Third, what course our government
should adopt If the British government refuses to
submit the claim for consequential damages to ar
Ftrst-It seems to me impossible to place any
reasonable construction upon the treaty which
will make it embrace this claim The first article
states that ''diilerences have arisen between the
two governments" growing out Of the acts COM
given rise to the claims generally known
NJ the alabama Claims" and that, with
view to their adjustment the two governments
agree that all the said claims growing ont Of acts
committed by the aforesaid vessels shall be re-
ferred to the Board of Arbitration. These claims
are evidently such as originated in
THE CAPTURE OF VESSELS BELONGING TO AMERICAN
CITIZENS
by each OF the cruisers referred to. BY
the same article Great Britain expresses
her ''regret for the depvedations" perpetrated
by the cruisers What Is the meaning Of the term
depredations," as here used? IT can only be the
losses sustained by the citizens OF the United states
whose property had been destroyed. 1t cannot be
tortured so as to make 1t mean
INDIRECT OR CONSEQUENTLY loss
which the United states may have suffered. 1t re-
fers exclusively to the losses sustained by the
owners Of the property captured. Hsuch consequent
tial damages were considered as embraced by the
not have been limited TO the mere depredations
Of the cruisers, but would have been extended to
the effect ofsuch depredations upon the commerce OF
the United States and the prolongation OF our war;
From this Imitation therefore. think II IA plain
that the negotiators on the part OF Great Britain
be provided for other than individual claims. 1t Is
these alone the occurrence OF
WHICH GREAT BRITAIN REGRETS.
If 1t had been intimated by orr commissioners that
In addition, the United States were losers to the
extent OF hundreds Of thousands of millions Of dol
lars, and that they looked to Great Britain for in
demnity one of two things must have happened
Either the British commissioners would have denied
any such responsibility and have refused to submit
such a question to arbitration or they would have
extended the regret OF their government to such
our commissioners had thonrht that the United
States Lad any such claims they
WOULD NOT HAVE LEFT N DOUBT
the meaning OF the treaty in regard to them but
would have had it stated that they should be re-
JeIred, and that the depredations which Great
Britain should regret were not only for individual
losses but for consequential and indirect losses
caused the United states. IL is inconceivabe that
such enormous losses, II our commissioners and
our government believed they had been sustained
ana that Great Britain was responsible for them,
would not have been in clear terms made one OF
the subjects Of arbitration. To suppose otherwise
IS to impute 10 our government and the Commits
sioners want OF care and ignorance In this regard,
which would be oiscourteous ana unjust. The only
%
thesis That such claims
NOT ASSERTED BY OUR COMMISSIONERS
or designed TO form part OF the reference. Further
light upon the point may be collected from the pro-
Visions Of the seventh article. THAT this article
lerred to IN the iifst article admits
81 no doubt. 1t addresses itself directly to
tas Board Of Arbitration ana gives them al the
ucle, II the Board authorized to do? They are to
examine and decide whether Great Britain has,
10y any OMISSION failed to FUN any of tho duties
set forth IN the rules agreed TO be made the test OF
her iabilty-that is to say,
WHETHER SIZE USEDD DILIGENCE
to prevent such vessels from being constructed in or
leaving her ports. when she had reasonable ground
on war against the United States. Alter having
passed upon the OF each vessel and ascer,
tanned whether Great Britain was responsible for
her acts, they are authorized, II they think size is
'.ro AWARD A SUN IN GROSS"
This provision evidently means that this sum Is
to cover the entire amount for which they shall
adudge Great Britain to be responsible and
TINS amount Is maze up OF The amounts
for which She is responsible on account OF
each vessel, 1t necessarily follows, nom
the use OF the word "deprcdatonsn in the first ar
ticIc that the said amounts are restricted to the
losses occasioned by such dcpredations, and these
EVIDENTLY ARE NDIvIDuAL Losses.
Our government alleges a want OF dill
Gence on the part OF Great Britain in
the case OF every one OF the vessels known
M the Alabama cruisers. Its claim for indirect OF
consequen tia damages rests upon the assumption
that these cruisers collectively aud not individually
fnfn I'M soc
ond, the transfer OF our conlincrcial nlalln'
to the British nag; third, the increased premium
Of insurance. fourth the prolong,aton 81 ,ns wa "a
aseertaining what was the effect, in thes'
Particulars upon the United States o.
upon our citizens generally .,oi th'
sailing OF or captures By the cruisers In the aggre
gate nor OF the sailing OF and captures 10y caci
vessel. The arbitrators consequently, having nc
right to decide upon the result .
PRODUCED BY THE CRUISERS IN TIE AGGhEGA ~, y
but being confined TO the case OF each CRUISER mac
no means OF ascertaining what, In these Respects
was the effect upon the United States o.
the whole class. Consequently the sum that
~ a sum to be made up of the amounts
which they may find to be due TO our citizens on
account or the acts depredatons Of each cruiser.
This being the extent OF their authority, 1t Is al
most absurd To suppose that they were TO deter
mine what injurious effect II any, the acts or such
vessels may have had upon the general commerce
of the United States or
THE PRoLoSGATIoN or THE WAR.
The result Is that the sum 50 awarded IN gross
the United States would be bound TO distribute
among the owners Of the several vessels
cruiser, the arbitrator shall have found Eng.
land liable. 10 my mind It cannot be even
pausbly maintained that Indirect losses
were contemplated, but additional information Is
Afforded by the provisions of the tenth article. The
stipulation in that article Is that In the contingency
tAal the arbltrators shall fail " award sum In