The New York herald., 1872-07-09
The Official Correspondence on the Exclu-
sion Of the Consequential Damages.
The Arbitrators' Declaration
at Geneva.
The Explanations to the State Department by
the American Agent.
SECRETARY fISES COMMUNICATIONS
The Presidents Ready Acceptance
Of the Decision.

WASHINGTON, July 8, 1872.
The following is the telegraphic correspondence
which passed between the State Department and j.
c. Bancroft Davis, our agent at Geneva. during the
first session of the Geneva Tribunal, when
the fate OF arbitration was undetermined.
1t will be remembered that Mr.. Davis was
furnished with copies OF all the correspondence
which passed between the British government,
Minister Schenck and the Safe Department,
before the assembling of the tribunal on
the 18th of June. He awaited the ac-
ton of the British agent on the assembling
of the tribunal, but finding himself without recent
instructions asked for adjournment till June II.
At the conference on that day Count sclops, Pres
ident OF the Tribunal, anticipated the point at
issue, and Mr.. Davis Immediately telegraphed to
Secretary Fish as follows:-
DAVIS TO FIsu-NO. 1.
GENEVA, June II, 1872.
To Secretary FISH, Washington -
The Conference adjourned to Wednesday, the
10th inst Arbtrators viii probably, in nd
vance vance OF time indicated in treaty ex- .s
creased insurance, transfer of marine and
prolongaon of the war do not constitute in public
money s' Should that @ be done Counsel co viii ADVISE
me, In writing, that after such an ntimatiOn of
opinion the United States cannot ask the tribunal
g It's g Rsa aoSs expsct@ ss%S that IN maa on
this footing the regular course of the tribunal with
adjournment may be maintained | agree to the
nCCy and prOprety OF such course and shall
telegraph more fully asking for instruction,
On the following day, June 1s after consultation
with the Cabinet, che President requested secretary
Fish to telegraph as follows:-
FISH 70 DAvIs-NO. II.
Such opinion as is indicated in your telegram
OF yesterday without previous argument,
sion be accompanied by the the further
nature legally nadmissibe as the foundation
of an award in money against neutral for failure
to observe Its obligations, have nevertheless been
properly submitted to the tribunal and were within
Its province. If thus accompanied 1t will place
this government right. You will endeavOr to OBJ
tain such expression, and Granville telegraphs TO
Thornton that the adjournment on Saturday and
YESTERDAY were asked by YOU as you were without
- FISH TO DAVIS. ---.' Aass-i.-'
The President sees no objection to such adjourn
ment, If asked for by the defendants and nothing
Objectionable shall nave been presented you, and
counsel will understand, aud II necessary can say,
that there can be no extra session Ql the senate
called and there will be no extra session q foh-
gress, II there is to be an adjournment let IT be
not beyond the lst OF January, so as to allow ume
for tieaty, if one 6e agreed upon to be submitted
to the Senate in December, and thereafter for lhe
necessary legislation respecting fisheries, assessors
&c. FISH.
EXCLUSION OF THE INDIRECT CLAIMS.
At the conference Of the tribunal on the 10th
of June the announcement was made that the ar
bitratOrs had carefully considered the mooted
points, and, without expressing any opinion there
on, made, through Count Sclops, declaration ofthe
opinion OF the tribunal on the subject OF conse-
quentia damages The despatch Of Bancroft Davis
was as folOws:-
DAVIS TO FIsH-NO. Nv.
GENEVA, June 49, 1872.
To Secretary FISH, Washington
At the session of the tribunal this morning Count
SclOpis made the declaration that the motion OF
the British Agent for adjournment and the reasons
given for making it-namely, the difference between
the governments as to the competency OF the trbu-
nal to determine the three classes of indirect
claims-cOn ntinues. This being so the arbitratOrs
think 1t right to state that, alter the most careful
perusal OF all that has been urged on the part of the
these claims, they have arrived individually
and collectively at the conclusion that
these Claims do not constitute upon the ,e
such cases, good foundation for an award OF COM
pensatiOn and computation OF damages between
excluded from the consideration of the tribunal IN
making up Its award. If there were no dis
the Of the e"t tribunal To decide
thereon, with view to q settlement of the other
Claims to the consideration OF which by the trbu-
nal exception has been taken on the part OF Her
Britannia Majesty's government the arbitrators
have thought 1t desirable to lay before the
effect effect " Of the treaty upon the question
of public law involved The arbitrators DO n not pro-
ence between the two governments but it
seems to them. obvious that the substan.
s' be- to ooeei GIVE the two '1' governments s an
opportunity Of determining whether the claims in
question shall or shall not be submitted to the arbi
traitors, and that any difference between the two
governments on this point may make the adjourn
ment unprOductive OF any useful effect, as delay
Of fha durip wi
STATE OF PAINFUL SUSPENSE
may end In q result which 1t is to be presumed both
governments would equally deplore-that OF max
Ing this arbitration wholly abortve. They
tsese vew IN order that after this
declaration by the tribunal it may be considered by
the government Of the United States whether any
course can be adopted respecting the first men,
toned claims, which would relieve the tribunal
from the necessity OF deciding upon the present ap
plicaton OF Her Britannia Majesty's government
for adjournment.
FISH TO DAvIs-No v.
To this Secretary Fish replied as follows:-
To DAVIS GENEVA
WASHINGTON, June 20, 1872
Your telegr am OF the 10th informs me that the
Tribunal has made declaration tnat class OF the
claims set forth in the case presented in behalf
upon the principles OF international law applicable
to such cases, good foundation for an award OF
compensation or computation of damages between
nations, and upon such principle should be wholly
excluded from the consideration Of the tribunal
in making up its award. You also informed me
that the counsel of this government at Geneva have
advised In writing that they are Of the opinion
that the announcement thus made by
the tribunal must be received by the
United states as determinative OF the question Of
public law involved, upon which tho United States
have insisted upon taking the opinion OF the tri
bunal; that the counsel advise therefore that this
Judgment be submitted to on the claims set forth
in the case presented On tho part Of the United
States for losses in the
TRANSFER OF THE AMERICAN COMMERCIAL MARINE
to the British nag the enhauced payments OF insur-
ance, and the prolongati0H Of the war, and the adj
diton OF large sum TO tYe cost OF the war and the
suppression OF the reb9lon, as adjudcated and
disposed OF, and that consequently they should
not be further Insisted upon before the
tribunal by the uniteu States but are henceforth