The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-25

moment at which speak have we in the slightest
degree receded or departed from them. Now, sub
tect to the despatch OF the I'd OF February, the
House Ia aware that
SEVERAL COMMUNICATIONS RELATING TO THE GEN
ERAL ARGUMENT
have passed between the two governments, and !
will not scruple to state, for the Information OF the
lions, especially as | can undertake to do this in q
very few words. The despatch OF the Sd OF Febru-
airy did little more than communicate the opinions
and convictions entertained by the British govern
ment The despatch Of the American government
in reply, addressed to US on later day In Febru-
airy. and received about the 18th or Iitl March, in
like manner did not enter Into the argument at large
upon the question, but 1t signifed the dissent OF
the President and the government OF tho United
States from the conclusion OF the British govern
ment as to the legitimacy OF the topic OF Indirect
claims as portion Of the American case submitted
to the arbitratOrs at Geneva In that despatch the
President observed that he was In ignorance OF the
ground and reason on which the opinion Of the
British government was founded, and we, inter
preting these terms Of the President as friendly
Invitation to an explanation OF these reasons. con-
sideTed the despatch addressed By Lord Granville
we went into them ut length
THE HEADS OF OUR ARGUMENT
were these:- c0ntended that the reference OF
indirect claims to the arbitration was not within
the Treaty OF Washington as 1t stood We con-
tended that separately from the terms OF the treaty.
as it was not within Its terms, SO neither had IT
been within the instruction or the PARTIES and,
apart from these two contentious we endeavOred
to show that as 1t was not within the terms OF the
treaty the instructions OF the parties, so like
wise there were considerations drawn from the
reasons OF the case, considered more atlarge which
fortified the same conclusion, and sup
ported us In the general doctrine that tho
Indirect claims formed no part OF the subject mat
ter Of the arbitration TO which we had agreed Be-
sides those branches of chat argument to which
have given a very rude and small outline there
was portion OF the despatch, or u memorandum
annexed 20 IT, in which we thought II wise to indi
cate that those claims, II they could he entertained
nj all In princplcandi was on this question oprin-
cipe we had really Joined issuc-,hat those claims
were likewise OF an amount warranting. and more
been made IN the resnect oi them. although some
OF these statements appeared 90 have cansed as
course VIC did not allow II 10 Nc supposed that our
objection was based uron or turned upon the
matter OF amount although VIC refer 10 il, aud give
SOME EVIDENCE FROM AMERICAN SOURCES
OF authority whica supported our views on the
snhlcet That was on the 10th OF March, and on
the 18th 81 ApIal MI. Fish sent reply in the nature
Of an arpameatatNe reply, 10 that despatch. With
some portions OF the argument advanced nv us
he dealt in aetail. VITA respect 70 others he
was only content 50 far 20 state that, according
10 the view OF the government OF the United states
The whole sGb'eci was 3 ~ and proper one TO De
srSGed BEFORE the tribunal az Geneva. The tone OF
this lespaEch ] nm bound TO say, was friendly
tRrouelout but receipt oil 10, fell II to be oar
duty TO communicate 70 Parliament thst, so far as
lbs terms were concerned II had not afforded so as
any opening which would advance q friendly ana
honorable settlement or this great question Bnt,
before the despatch was In the handsof the British
governments a new opening had been found A
communication had been made BY The Minister az
the United States 10 LORD Granville that 10 The
A METHOD or SETTLEMENT
which, " proposed by che government OF her MAJ
csty, might he open 10 the government or the
United states 20 consider and acaaTt, and which, in
the view OF che United States governments. would
he perfectv honorable and satisfactory to the iwo
rOnnGrles Tins suggestion of the Minister 81 the
Inited Srates contemplated proceeding, not by
any mere international engagement in the nature
81 traaty, hui ny correspondence between the
two governments, or by what Is commonly called
IN exchange OF notes. Upon this animation we
immediately entered into consideration Of ,he de-
ha M fxyhf r,- a. fai
and as WIS 30 be expected III the development OF
these Details Far3ons points emerged and came
more fuy INTO view as the matter matured. which,
although there never was a departure on the part
Of either party from the general basis sketched out
whole, tended 10 give 10 the contemplated proceed
ng more OF a substantive character than had been
the view OF the American government when 1t was
originally projected and suggested on their part.
This being so, sir, the sth OF Maythat is to say
lpOn "Wednesday last,
TE LEARNED FROM THE DIRECT AUTHORITY OF THE
AMERICAN GOVERNMENT,
hat In order to meet the Views which had been
tated on our part, 1t would be necessary, as they
,nce should be made to the Senate, and that that
power should be also called In aid with view TO
satisfactory ana complete settlement a OF the case
'ccollect that am now opening series OF COM
conducted entirely by the tele-
graph, and, valuable as that instrument Is, and all
important for certain purposes to those who
have to do with it in difficult matters OF business,
we are very well aware that the conveyance of ex-
plantations and motives, and Of those standings OF
thought and expression which very often are vital
to the fine comprehension OF the matter at issue,
becomes exceedingly difficult when that meth OF
Is adopted. On the sth Of May we
were not made precisely aware or the grounds on
which this reference to the Senate would be neces-
sary. The explanation, however, OF which we were
In possession the evening OF the 9th made 1t per-
fectly clear to US that 1t was
THE PROJECT sKETCHED BY THE BRITISH GOVERN
MENT
on the basis Of that sketched by General Schenck,
which rendered necessary this reference AT d
late hOur Thursday eVe0inr-inueoQ. honorable
members must have noticed the withdrawal Of
me mbers OF the Cabinet from this bench after mid
might've proceeded to contemplate the case in
that precise point OF view; and on the next day
lFrday) acting on the suggestion OF the govern
ment Of the United states we were perfectly willing
requiring the assistance Of the Senate, and we
to place our views in the shape OF that
which might become an article, and might be the
subject Of an international contract between the
two countries. This draft, together with cover
ing letter, was forwarded on Friday evening by my
noble friend the Secretary of State for Foreign Al.
fairs to the American Minister and although 1t was
a document OF some length, IT was together with
that covering letter, Immediately telegraphed by
him to the government OF the United States 1t was
taken into consideration by that government on
and yesterday morning the Minister OF
the United States was In condition to inform my
noble friend that
THE PROPOSITION OF THE BRITISH GOVERNMENT,
framed as have stated, was entertained by the
President of the United States, and would by HIM
be submitted to the Senate OF the United States for
its approval. (Cheers.) Let 1t be understood that,
while have stated exactly the literal truth in this
matter, am most anxious not TO overstate it. The
communication between the President and the
Senate Of the United States is a strictly con-
fldential communication. 1t is entertained
by the senate not in its legislative, but in
its executive capacity, and not as a public
body but almost as portion OF the Cabinet
as portion OF the Cabinet OF the President
pro hac rice--and III what Is termed in America a
secret session. Therefore the proposition in its
terms IL a strictly confidential communication.
However, this much we are justified In stating
that the proceeding taken by the President In
making known this draft TO the Senate directly,
implies the approval OF tile President, conditional
only the concurrence and approval of the Senate.
loud cheers)
WE HAVE NO REASON TO COMPLAIN
of the slightest disposition to delay the part of
the government OF the United States, for this pro-
posal, received through the telegraph on Saturday,
Is at this moment under the consideration
of the Senate. II Is not FOR us to say
at what time that consideration may ter.
inmate, but we are told that probably In two
or three days the decision or the Senate on this