The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-17
CALEB CUSHING.
What tho Counsel for the United States Says
About the Geneva Tribunal.
The Award to the United States a
Great Success. 81

Ne Feeling In England About It-How the Ar
bitsa&ioa Beard did tn wmk-sir Alexander
Coekburn's Din nt-Ths English Claims
and What They Amount To-Why
ths Meetings Were Secret
Hon. Caleb Gushing. one OF the American counsel
before the Geneva Board OF Arbitration on the Ala
hama clatms arrived in this city yesterday by the
VILE de Paris, from Brest, France, in nine days.
IL was not his intention to leave Europe until .
few days later, but an accident to the steamer
France fastened the departure Of the Vile de Paris
and his own. Mr.. Cushing, upon his arrival in this
city, drove Immediately to the Astor House.
Shortly after his arrival HERALD reporter called
upon Mr.. Cushing at the Aston House. He occu-
pies parlor 49, the second moor, and at the time
Of the reporters entrance was deeply engaged in
reading the morning HERALD. Mr.. Cushing Is Q
gentleman OF massive physique, and In face bears
strong resemblance to Daniel Webster. His eyes
are rather small and piercing his mouth large and
well formed and his nose prominent At very first
sight one could see he was
NAN OF PROMINENCE.
He rose to greet the reporter as the latter en-
tered the room. AK
my MISSION" said the reporter, as he sat down,
II am really . poor subject for any such ordeal"
answered Mr.. Cushing, smiling. II know moth
ing.n 'aa
"You are too modest, Mr.. Cushing. What you
know 10 Just at present Of the greatest interest to
the people OF the United States And to begin,
how are you satisfied with the result Of your mis-
sion9''
.It has been entirely satisfactory, think to the
people OF the United States however 1t may ap-
pear to the English. It has been Q great success
for us, and one OF which we should feel proud.
Fifteen millions is large sum Of money; and yet
1t lie not the money value Of the award which is the
triumph so much as the points which have been
settled by the controversy and the arbitration.
The world has never seen matter of this kind set
tied in this way-two great countries coming to-
gether, and instead Of resorting to war. settling
their differences peacefully and by arbitration.
Earl RUSSELL in 1855, refused to arbitrate, and war
was imminent; but we went on, insisting that there
should be no war, but yet that we
MUST HAVE COMPENSATION
for the damage done us. Lord Clarendon was the
nrst to accept the idea or arbitration, but he did
not remain TO see the end Of his work. Then came
at last Granville, and by his EFFORTS joined to ours,
the treaty was drawn up and the matter left to
arbitration Then came our success. And to show
that this opinion ia not mine alone you have only
to read the dissenting opinion OF Sir Alexander
Cockburn and see wherein he acknowledges that 1t
has been great success for us: This opinion is 2
very lengthy one, as You see (Mr. Gushing pointed
to huge folio on the tablet
REPoRTBR-Is this dissenting opinion Of any value
Mr.. GUSHING None other than az being the
opinion Of one 0fthe arbitrators and that OF an emil
nent lawyer. In IT he opens many new phases Of
opinion does not in the slightest alter the case. The
Court decided, by majority Of four to one, in our
England must assent to the award though her arbi-
traitor might diner from It,
REPoRrER-In England, as understand It, there
y great difference of opinion about the arbitra-
Mr.. CusHIso--wel, Of COURSE you know the OPP
position papers censure the matter and don't look
at 1t In the same light as we do or course, in the
same proportion that we have attained success
land look upon 1t generally it is impossible to say
The only member Of the government who has
spoken upon the QUESTIONABLE Robert Lowe-has
expressed himself as being
HEARTILY GLAD
that the thing has been brought to termination,
though he has not expressed himself either one
way or the other as to being satisfied with the re-
suit Of the arbitration. We can only know how
the administration in England feels about it when
the government meets. Yet there are great many
papers Though to tell the truth they know very
little about the matter) which express themselves
as regarding the award to be simple matter OF
justice On the whole am inclined to believe that
the people OF England are not extremely dissats-
fled with the way the arbitration has turned out.
REPoRTER-Some OF the opposition papers here
are growing about the result. They profess to
look upon the award az being very small, and ap.
damages to the property Of British subjects will
fully counterbalance and even surpass the Alabama
claims.
Mr.. CusHING-That is absurd There is no truth
In 1t whatever. The claims now under considera-
ton BY the Mixed and made ny Bit
gether amount to very little over one million OF
dollars. They will never come up to two millions.
This Will leave
VERY HANDSOME MARGIN
on our sde and one the claimants will be perfectly
REPoRTER-was SIS ZOO, 900 all you claimed9
Mr.. CUsHING-Oh, no. We claimed more than
that, but that Is the sum the Court allowed u.s. 1t
was for depredations committed upon American
vessels by the Alabama and Florida and the Shen-
and0ah after she lett the port of Melbourne. These
were all the claims considered, the indirect claims
being abandoned at an early stage OF the contro-
versy.
REPoRrER-Dld you by the way, consider these
Mr.. CUsHING-l think they came within the mean
Ing OF the treaty, but as they were not allowed,
why, It's no use speaking about them.
REPoRrER-Let me ask you q question which
seems to puzzle great many HAS the question
been decided that neutral Power has not tine
right to allow privateers to leave her ports while
another Power Is at war;
Mr.. CusHING-That Is not exactly the question.
The matter covered by the Treaty of washington
was that Q neutral Power was bound to exercise
DUE DILIGENCE
TO prevent the equipment Of vessels destined for
(which was settled by the Treaty Of Washington
that the arbitrators discussed, and they decided
that England did not exercise due diligence In
allowing the Alabama and others to leave her ports
and mat she is, therefore, liable for the damage
they inflicted. This is the principle and this the
suit OF the violation OF that principle and it
this that lay persistent claim and In the asser
ton OF which we have been 80 emlnently sue
cessfu.
RErORrER-Did you see any prominent English
men who gave you their views concerning the
result Of the Geneva Arbitration
Mr.. CUsHING-NO; did not 60 to England. In
France, however, 1t was the general opinion that
the United States had achieved q great victory,
and one which she deserved to achieve. have no
doubt that all are glad the principle Is settled,
though no doubt the English may not relish the
payment OF so large sum.
kEPORTER-And now as to another point. Why
did the Geneva Board insist on working and de-
liberating with closed dOors-n fact, doing things
80 secretly that not even the press could get nior
nation Of what was going on2