Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1872-02-28
The American Case.

President WooLsEY, late Of Yale college
one Of the most distinguished scholars and
writers on International law in this country
gives in the New York independent his views
of the &" American Case" before the Geneva
Arbitration lie asks, what was submitted
to the arbitrator Was it certain acts
only Of certain vessels which had been allow
ed to sail from British ports, or had escaped
from such ports, against the laws Of nations
Or was it the Indirect results also of such
acts ? He says, the governments have no
right to withdraw from the treaty or refuse
to abide by the decision of the arbitrators if
that decision shall be confined to points which
had been submitted to them. But each one
Of the governments has right to say the
submission Of certain points was never thought
OF by it and, in en extreme case, if the ar
bitrators still went on after protest to give a
decision, to refuse to abide by that decision
In such an event, the other country would be
authorized to take any of those steps which
are allowed, in cases where treaties are alleged
to be violated, even to the extreme one"
DR.. WooLsEY continues
"Or, to come to the especial difference If opin-
ion between the two governments mighfaot tho
United States say " We consent to the English
understanding and Interpretation let it rule in
regard to the province Of the Tribunal at Geneva
But, in consistency with that opinion, we shall
regard the results of the proceedings of that board
as full, perfect and final settlement of all the
claims Article NJ of the treaty. that relate 10
direct injuries But the claims we have made.
as il respects indirect injuries, are not thereby
settled and we shall reserve them fora more con
venent season The British government, then
ought to contemplate, II its Interpretation is 10
prevail, the possibility of batch OF new claims
which were beyond the province, as it maintains
OF the existing court of arbitration
This clear and learned writer goes on to show
that the question Of Indirect or consequential
damages arising from the transfer of our com.
merce to the British flag, enhanced payments
of insurance, the proongation of the war
etc., were before the High Commission for
settlement. Direct losses to private persons
amounting to fourteen millions of dollars were
also presented to the Commission In pre-.
senting these claims, direct aud indirect, to
the Washington Commission our government
said it had made no estimate of the indirect
losses in hope Of an amicabe settlement"
but our diplomats were careful to add the
words Without prejudice, however, to the
right of Naturalization on their aeeouat,
should no such settlement be made" Instead
Of settling these differences at Washington
the Commission framed Treaty constituting
the Geneva Arbitration. The Doctor reviews
at some length the language of the treaty,
and concludes that the treaty contemplates
the duty of the Arbitration to compute what
amount of damages each vessel had caused OF
was guilty of, thing impossible to be done
Here is the strong point, and the only strong
one, in the British argument, Our~ense is
strong up to this point However, he con-
cludes this is the dilemma. These indirect
claims were or were not included in the sub.
mission. If they were, they must be consid-
cred, and Great Britain cannot withdraw from
the arbitration or refuse to abide by it, If
they were not why can they not, after longer
or shorter sleep, wake up again ? But, for
our part, we hope that an end is to come to
these claims now. If not, an end is likely to
come to the faith ia international .assS,Sation
which has gladdened the hearts of 80 many"
We are glad to perceive that the express.
sons of the British press are becoming more
moderate and the protests of the peaceably
disposed people Of England are being heard
over the clamor of the Tory partisans. As
the matter is more fully discussed, the expe-
dieney of submitting all these yexcd questions
to the court which has been constituted at
great expense to both nations at this time,
that the dispute may come to perpetual and
peaceful end, will be acquiesced in BY the
people and governments of both countries.