The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-08


clad rams and the proceedings taken for Their de-
tenu0n IN 1861 and the contracts with French cti-
ana the conduct OF the French and British govern,
ments Is presented 10 striking contrast TO each
other.
THE HISTORY OF THE TUSCALOOSA
is given IN proof OF The failure In clear case of
the British government and authorities TO act the
part Of neutral between the belligerents That YES
Bel captured from the United States ana WIN q
cargo OF wool on board was placed in charge OF q
small guns placed board, IN This RIG she was
admitted into Cape Town as vessel war OF the
Confederate States And this, t0o against the pro-
| Walker.
| The interest of the rebel government IN blockade
running IL SHOWN by documents, and when the
1acts were represented to Earl Russell he, on the
2sth Of November. 1868, repled substantially tina I
] his government saw no offence In the ala given by
| It's subjects In this manner Again and again HIS
attention was called 10 SPECIFIC acts out ne lnvari-
AMY refused To interfere Ths Partially OF britain
towards the rebels was lasting anu regular through.
GU. the war. British municipal statue rather tnan
rules OF evidence of the English common
OF the United States, III striking contrast to the
frenullness Of construction, tine alacrty OF decision
gents. the charges against the British governments
contained IN ME-. Fish's instructions OF september
evidence adduced from the lips and writings OF Brit
lsh ministers and statesmen
| NEUTRALITY
| Learned counsel either advised that the wrongs
committed uld constitute VIOLATIONS OF the mu-
nlcipal law, or else gave sanction TO artfnl devices
o deceit To cover up such violations OF law and the
defects IN Inc @unrcpaI law Of he country While
the queens government ITSELF including tue
omnipolent Parliament. which might have
appropriate legisiation, sat with folded
arms, as If unmlndiui OF its international ODiga.
tons, and SUFFERED ship after ship TO be constructed
In us ports to wage war the United States. And
when the United States government called the at
tenton OF the British government 10 those defects Of
| law anu the remedy, the latter refused to comply
Mr.. Fish, therefore, concluded That the negligence
and inexcusaole and that the proofs OF re.
sponsibe pegllgence IN this matter are so
on that point. and 1t should be taken for granted
| IN all future negotiations with Great Britain
tolerated In British ports and SO connects them as
to throw suspicion upon the acts OF British officials
toward rebel cruisers. They snow at least an aDne'
| planned OF, and throw the burden OF proof upon
Great Britain TO snow that these acts coulu not have
known to al the readers OF the HERALD ana need
not be reclted here. they have been referred to
also IN a previous part of TINS article.
| IN SUMMING UP THIS PART OF THE EVIDENCE
on the CLAIMS the United states government very
II the recognition OF belligerency by neutral
in favor OF an organized insurrecuon authorizes q
commissions which are to protect vessels that may
| have violated the sovereignty OF the neutral from
| authorities wnen again within their jurishcton n,
the United States and other nations here repre-
|
| TO conform to sucn measure OF duty IN that
respect as may be Indicated by TINS tribunal.
II tieOrglas, Alabamas. FlOridas and SnenandOahs
may be allowed to go out from nedtrai ports with
| out violations OF international duty 10 prey upon
tine commerce of rlendiy nations; II 1t be no offence
to recruit men for them and TO send the recruits to
| JOIN them IN Alars, Bermudas, Bananas ana Lau-
res, the United states, as neutral, VIII be relieved,
when other states are at war, from great part Of
the difficulties they encounter IN watching long
IL viii depend upon the Tribunal of Arbitration to
saw whether anv or all OF these precedenIs
TO be sanctioned and are to stand for future
The conduct OF the British government is next
contrasted with that OF the governments OF France
Portugal, The Netherlands, Russia. PRUSSIA Brazil
ana other countries, so that standing side py side
with them and theirs her conduct and acts become
more perhdious and reprenensiole than they would
appear standing alone.
In the opening conference OF the Joint High Com
mssi IN relating TO the Alabama claims the Amer.
can Commissioners stated the nature Of tile demands
OF the United states They SAID that there TEX.
u0n oil large number Of vessels with their cargOes,
anu IN the
HEAVY NATIONAL EXPENDITURES
in the pursuit the indirect injury in
the transfer OF large part OF the American COM
payments OF insurance, In the prOongatlOn OF the
war and In the addilon OF large sum to the cost
OF ,o the war anu ,,n me suppression OF the
| of the direct LOSSES TO individuals (which mad
thus lar been presented amounted to about four.
! teen millions OF dollars without interest, which
amount was liable 10 he greatly increased by claims
winch had not been p essnted;' and that the indi.
cruisers could easily ascerraned by certificates OF
government accounting officers" They ADDED that
I'm the hope OF an amcabe settlement, no estimate
was made OF the indirect losses without prejudice
however, to the rght OF Naturalization their &C.
count IN The event OF no such settlement being
made.n
Inc British Commissioners declined to make tue
amica lie settlement which was proposed on the
part OF the United States The Joint High Com.
mission then entered into negotiations when
resulted In an agreement "in order TO remove
and adjust all complaints and claims The
part OF the United States, and TO provide Tor the
speedy settlement OF such clalms." that all the
claims growing out OF the acts committed by the
several vessels which have gwen rise to the clains
generlcaly known as the Alabama claims" should
be referred TO this Triounai OF Arb ration. IL was
further agreed that this tribunal should It find that
Grear Britain had. by any act or omission, failed
sixth article OF the treaty or recognized by princ
pies OF International law not Inconsistent with such
rules might then proceed 10 award sum IN aross
all the claims referred to IT."
CLASSIFICATION OF CLAIMS
The claims, as stated bv the American Commits
sioners, NAV ne CLASSIFIED as toOws:-
Frst-The claims for direct losses growing out Of
the destruction OF vessels and their cargoes by
lnsurgent cruisers.
Second Inc national expenditures in the pursuit
| OF those cruisers.
Thud-Tho 4 IS In the transfer Of the American
| commercial marine To the British nag.
F0urtt-The enhanced payments OF insurance
| PUh-Tne proiongauOn OF the war anu the ad
ditiOn Of large sum to the Of the war and the
suppression OF the rebellion
| SO far a. these various losses and expenditures
grew out OF the acts committed oy the crus-
CID, tho Ontcu csdtcS utc cutteu 10 ask cOmpen5l
ton ana remuneration therefor before THIS rribu-
nal OF Arbitration.
| The claims Tor direct losses growing out OF the
destruction OF vessels ana their carg0es may be
further subdIvIded to witt
Frst-Claims for destruction Of vessels and
property OF the United States.
SecDnd-Claims for the destruction OF vessels and
property under the nag OF the United States.
Thud-CIaims for damages or injuries TO persons
growing out OF the destruction Of each class OF
vessels.
In volume seven Of the documentary evidence
presented Dy the United states the tribunal will ma
ample data Tor determining the amount OF damage
winch should be awarded In consequence OF the IN.
ries inflicted by reason oil the destruction OF YES
ses or property. whether Of the government or Of
| private persons.
The GOVERNMENT VESSELS DESTROYED
were Oh TWO cla.ses-th0se under the charge OF the