The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-28
THE TRAMPLED TREATY.
Grave Position Of Affairs-The Presidents Plan
Secretary Fish's Plan-Everybody's
Plan-The Treaty Must Fall
Through-What Theni

WASHINGTON, Feb. 27, 1872
There Is no doubt that Sir Edward Thornton, the
British Minister. has been entrusted by his govern
ment TO inform the government Of the United States
that unless the claim for consequential damages Is
withdrawn there can be no settlement at Geneva.
The answer to Lord Granville's note, which
has been so long delayed, ana the sub.
stance OF which has already been printed in
the HERALD was again discussed in Cabinet
meeting to-day but it is given out that 1t will not
be sent before Saturday, Mr.. Fish having withdrawn
it to change Its phraseology so as to make its tone
less Objectionable. the delay IS understood to be one
of public policy and political necessity and have
special reference to the difficulties which surround
the question. 1t Is impossible for us recede from
the position taken In the American case, and this
Will not be DONE The position assumed
by the English government and the Eng.
lish Commissioners is perfectly understood by
our government ana our Commissioners. They
stand directly opposed to each other on
questions OF fact questions or policy; but when
~ comes to proof the language OF the treaty. the
meaning Of the protocols and the Independent evil
dence in the hands of the State Department all
claimed as conclusive for our side. But it is not
denied In ofical circles that there serious Ill
lemma, and that neither side can recede. Every
body is looking about for some plan to relieve the
awkwardness or the situation and II possible to Sc
cure the settlement OF the without This
was the meaning Of the informal suggestion TO the
British Ministry to settle the whole matter for
$50, 600 O0O ana the plan may or may not have sig.
ni1cance just as the game chances to turn.
In view of the treaty. and of every other form
settlement, the President Is meditating coup
detat which he may make &C any time II his
plan is adopted 1t will consist in reiteratlon 10
special message 10 Congress Of his recommends.
tons IN his annual Message Of 1870, and the pay
ment OF the Alabama claimants by our government,
In the form or bonds, the government OF the United
States oanlng to Great Britain for reimbursement.
On the other hand, the claimants themselves are
moving and propose to look directly to the British
government for payment If the treaty fails. The
last mode OF settlement is not looked upon with
favor by the Secretary OF State, though the Pres
dent sees no objection to It.
The claimants before the Mixed Claims Commits.
sion IN this CITY, whose CONSERVATION at the prOba-
bic failure OF the treaty printed in the HERALD
to-day, equally interested with claimants for
direct damages before the tribunal at Geneva and
it Is feared that the class will be an insurmount
able obstacle to the success OF the otner should
these plans go upon the theory. which may be &C
copied fact that arbitration is ended; that all
the provisions OF the treaty fall to the ground.
The possibility OF war is not overlooked by our
government though the possibility Of settlement,
in spite OF the failure OF the treaty, is ardenty
hoped for. The answer to Lord Granville c0ntem.
plates the representations made to Secretary
Fish by Sir Edward Thornton, and will con.
tain an unqualified refusal to withdraw the
case presented at Geneva. All other chances
of settlement having failed, the President
will make his recommendation to Congress and
throw upon the responsibility Of either accepting
resentng the reputation OF the treaty by Great
Britain Congress being the war-making power,
they can DO as they please In upholdiug the national
honor.
This will be the third treaty with the United
| States which Great Britain repudiated after
ratification in the last half century. There is much
interest here TO know how Congress will deal with
this last action OF Great Britain when the Presi-
| dent lays the whole question before them.
| Meeting Of the American Peace Society,"
Reverdy Johnson's Address on the Anglo
American Treaty-How the Difficulties Be-
tween Great Britain and the United States
Might BE Amicably Settled.
BALTIMORE Feb. 81, 1871.
| meeting was held tonight at the Charles
StreeC McluOuBJ uuueT Gue AUSPICES OF Jne
American Peace Society, to discuss the ashington
| Treaty and promote the interest OF peace between
| Great Britain and the United States. The church
| was well filed
| Mr. Reverdy Johnson presided and addressed
the audience In an exhaustive speech Of nearly two
hours on the relations between the two countries
particularly with reference to 'Our case before the
Geneva Commission ana the question Of cOnseuuen-
tal or indirect damages.
| Mr.. Johnson gave an interesting historic state.
| ment OF the negotiations which preceded previous
treaties, and also those attending the late Treaty Of
| Washington.
On the question OF consequential damages ne
gued that 1t was clear that the preermenJ OF such
/ claim by the United states before the Geneva
Commission was not contemplated by che High
| Commissioners OF Great Britain under the
| terms OF the treaty. and that II such was
| the construction by the High Commissioners
| on the part OF the United States. not one Ut them
| ever so asserted. Mr.. Johnson said there were
three modes or settling the matter; first, that
before the Geneva Commission. This she
| might safely do, and II that Board de-
| cided 1t had jurisdiction OF the question
OF consequential damages IL would reject the claim
| second, q withdrawal OF the claim by the United
States and II the Speaker had the OF the Presl-
| dent he would advise such withdrawals and third,
its posponement as the subject OF future negotla-
lions.
! Mr.. Johnson argued that the Treaty OF washing
i ton was a groat achievement in the interest OF
peace between all nations for the settlement OF all
! questions bv arbitration. He was frequently
| applauded.
Elihu Burrtt followed Mr.. Johnson in a brief
| speech.