The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-05-16

condition and proposal, being that Il
case q claim was set up by the Unite(
States founded on the recognition OF thI
Confederate States as o belligerent, /
should be open TO the British governmen
TO advance claims on their part, such az
claim lor injury to British interests, b,
the assertion Of belligerent rights Of tLI
United States upon British Commerce
Lord Clarendon at once declined to enter
tain the suggestion in MIR. Fish's dispatch
Of the 25th Of September, 1869. The gov
ernment Of the United States intiulatet
that they considered there might bt
grounds lor some claims OF IL larger anG
more public nature, though they purpose
ly abstained at that time from makinr
them, but the grounds indicated were moi
limited to the acts Of the Alabama, and
other similar vessels, or TO any mere con
consequences OF such acts, nor were these
public claims then decided on, referred tc
In any manner as the Alabama claims.
Tint the expression Of the Alabama
Claims, which first occurs in letter from
MIR. Seward TO Sir ]. Bruce, Of the 18th
OF January, 1907, had always been used
In the correspondence between tue gov.
ernments TO decide the claims of Ameri,
can citizens on account OF their own
direct losses by the depredatious oil the
Alabama and other similar vessels, and
had never been employed to describe, or
been treated as comprehending, any
public or national claim whatever of the
government Of the United States down,
1t is therefore true, that when Her Males.
ty's government proposed the appoint.
ment ofa Joint High Commission to settle
the fishery question and all other uues.
tlons affecting the relations of the United
States toward Her Majesty's possessions
in North America, no actual claim
against Her Majesty's government had
been formulated or ratified on the part Of
the United States, except for the capture
or destruction Of the property of individ,
uals Of the United States by the Alabama
and other similar vessels. When Her
Maesty's government consented, at the
request OF the government OF the United
States, that the Alabama claims should
be dealt with by the High Commission, 1t
was in full confidence that the phrase
Alabama claims" was used by the
United States government in the same
sense as 1t had been used throughout the
previous correspondence, and in CON.
munication, signed by Lord Stanley and
Lord Clarendon, national claims OF an
indirect character, such Us those referred
to In Mr. Fish's dispatch, could not be
comprehended under tho term claims
generally known as the Alabama claims.
The possibility oiadmitting, as subject
OF negotiations, the Alabama claims for
indirect national losses, has never been
entertained by this country, and II was
therefore without the slightest doubt as
70 such claims being inadmissable that the
British High Commissioners were ap.
pointed and proceeded to Washington
At the meeting Of the British and United
States High Commissioners, on the 9Th oil
March, the latter, after a general state
ment OF the claims Of the United States,
proceeded to say that In hopes of on ami
cable settlement, no estimate was made OF
the Indirect losses, without prejudice,
however, to the right Of indennitication
on their account in the event of no such
settlement being made, and they after.
wards proposed, by direction OF the Presi.
dent, that the Joint High Commission
should agree upon q sum which should be
paid by Great Britain to the United
States in satisfaction Of al claims and
interest thereon.
Mr.. Fish says that the President earn.
esIly hoped that the deliberations OF the
Commissioners would have resulted in an
by Her Majesty's government
ofthis proposition. Her Majesty's govern.
mcnt cannot understand upon what that
hope was founded. The position which the
government OF this country has maintained
all the negotiations has been
that they were guilty OF no negligence in
respect to the escape Of the Alabama and
other vessels, and have therefore incurred
no liability for any payment, and they
still maintain this position. The only
ground on which Her Msjesty's govern.
ment could have been asked TO pay any
sum, would have been on admission on
their part that there had been such negli.
gence US rendered them Justly liable to
pay a sum in compensation. This would
have been an absolute surrender Of the
position which has always been held by
this country, and a concession which
never could have been expected from
them, that they had been guilty Of negli.
gence. Her Majesty's High Commission.
ers therefore could only declare at once
that the proposition Of an amicable settle.
ment in this particular form could not be
entertained. Her Msjesty's High
Commissioners on the part Of this country
Immediately made the country q pro.
posal, namely, the proposal Of arbitra-
tion, and this proposal after being to a
certain extent modified on the suggestion
Of the United States High Commissioners
was accepted by them. The modification
suggested by the United States High
Commissioners, and accepted by those o.
Great Britain. was concession of slight
Importance on the part OF this country
namely: That the principles which should
govern the arbitrators In consideration o.
the facts should be first agreed upon, ant
Shla SikISSoslOh "uo NClJ udlCEIhlly GI-
hanced when in order to strengthen
the friendly relations between the two
countries and make satisfactory provision
for the future, they further agreed thai
these principles should be those contained
In the rules in the sixth article of the
treaty. for they thus accepted tho effect O
the rules to which, nevertheless, though
bound to declare that they could no
assent as q statement Of principle Of thl
international law In force at the tint
when the Alabama claims arose. Th,
friendly spirit Of Her Najesty's govern
ment was further shown by their au
thorizing Her Majesty's High Commis.
sloners TO the express regret felt by He
Majesty's government for escape unde
whatever circumstances of the Alabam,
and other vessels from the British ports
for depredations committed by thos,
vessels and by their agreeing tha
these expressions OF regret shoult
be formally recorded in the treaty
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