The New York herald., 1872-04-16

tion before the Geneva tribunal would tend to en-
barrass the government in its diplomatic action.
1t is conceded that one side or the other must re-
cede within the next two months and Reverdy
Johnson is given as authority for the statement that
the President regrets that the claim for consequen.
tial damages was put In our case The whole sub
iect OF the public discussion of the claim
is very delicate one. If the light which was
thrown upon It by the discussion which has already
taken place had been shed before the case was pre-
sented at Geneva the department il willing to a,l-
nit that II would have been eminently beneficial to
Secretary Fish and Assistant Secretary Davis. bat
as the present duty OF these gentle.
men and their associates il to make
good the position assumed In December,
or to withdraw from it without ignominy the sub
ject requires treatment which precludes pub.
licity. The State Department, therefore, will not
| commit itself farther than to declare that the
| Secretary Is satisfied with the position in which
the present despatch leaves one side OF the qnes-
ton.
1t Is understood that Il movement will he made
the Department and to let the country know how
Mr. Fish il managing this important business. The
promise OF Mr. Gladstone to lay the whole subject
before Parliament on the receipt or this
this course, and another Is the virtual
assent OF our government TO the note of the British
government accompanying the counter case pre-
sented at Geneva to-day which undertakes to
reserve the same freedom of action as if the busi-
ness of the tribunal had not proceeded as far as
the exchange of counter cases. The posi-
bility is admitted in authoritative circles,
aside from the reputed declaration Of the
President, OF arrangements by which our
claim for consequential damages may, in part at
least, be waived and in this connection great
deal Of stress is laid upon the fact of the volumn-
ous exchange of kilograms between the State De-
partment and Minister schenck by which It became
certain that no substantial advantage would ac-
crue to Great Britain If the two months thus gained
for further argument, negotiation and bargaining
should not enable us to escape an ignoninious re-
treat
All this explains the unusual reticcncc of the
State Department; but it Is impossible to conceal
the fears which are entertained by our government
to prevent inquiry on the part OF Congress. Our
government has not yet received copy
OF the American counter presented
at Geneva to-day, its preparation by Mr..
Agent Davis and the counsel, Messrs Cushing,
Evarts and Waite being delayed as long as possible
TO watch the tiuctuation OF sentiment both in Eng
land and the United States on the question; but the
line OF argument even to the manner of the narra-
tive AMI all the essential points the counter casc
settled by telegraph between Fish and our
representatives abroad. 1t is the present intention
of Mr.. Fish to withhold even the points OF the
counter case, ana to allow them to reach the Amer
lean public through the press dispatches from the
other side. In this he is acting according to his
notions OF diplomacy, and it is said, meditates a
grand corp d6tdt before he will consent to any
surrender. This grand movement Of State is based
upon some recently discovered documents in
which there are the elements OF great sensation.
After the ratification Of the Treaty of Washington
but probably before the preparation of our first
case the State Department came into possession of
original documents proving conclusivey that during
the period covered by the present Eng
lish assertion of due diligence In the
prevention OF rebel privateering informal
but actual conferences We're going on be-
tween the Foreign ONCE and OF the accredited
rebel agents in London In aid of the Confederacy,
besides looking to the formal recognition of the
Confederate states at date in the then near
| future when It was expected the fortunes Of
the rebellion would take favorable turn.
These negotiations included distinct proposi-
tons for carrying on the construction and
equipment of Confederate cruisers in England and
facilitating their operations by granting them privi-
leges in English and colonial ports that We're not to
| be enjoyed by the vessels Of the United states
With these documents in his possession Mr.. Fish
has been contemplating himself In the part of
Bismarck exhibiting to an astonishcd world the
minutes OF conferences held with perddious Bcne-
dett for the partition of neighborng provinces b G.
tween France and Prussia, and with the handwrit
| ing of the Frenchman to support his laggard ex-
posures.
This gives new interest to the whole question
but 1t fails to reach the great question OF conse
quential damages. The contemplation Of even the
possibility of retreat is admitted to be very dan
gerous in he position of the administration the
main point. 1t has had many supporters or
both sides in Con gress. Mr.. sumner not only
backed the demand since II was made IN the case,
but was active in framing IL and having Il
embodied in that document. Democrats gen
orally have taken to 1t very ardenty, but OF
without many sly wnks that the administration
would back down In the end. They ready 10
laugh at Mr. Fsh's coup dGtdt when they contem
plate Mr.. Fish's dilemma, and they win force out
OF him his carefully guarded secrets If that is
possible.
The time h as come for backdown positive
assertion of the consequences OF reputation OF
the treaty. and the foes Of the administ ration are
becoming very warlIke when they find the admins.