The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-16

and important a. It IL to both parties and 10 e.:
nations to have q decision OF tho arbtrators that
nation Is not responsible in pecuniary damages
trail obligations, see no chance of getting this gov
eminent TO agree In terms 10 submission, so as to
obtain such UGH. decision. They viii not consent to
unite Ia asking the tribunal for an opinion on the
question. although we should say that we expected
they have every reason to feel confident that opinion
would be against affirming such national respon-
sbility. The above portion or this telegram have
read to Lord Granville, and have his admission
llat &c Is correct statement. May hope that IL
be found out OF the controversy and therefore, the
arbitration and treaty must fail you win conclude
to instruct me explicitly on their proposals cOmmu-
nlcated 10 you ia my kilograms of the 5th and 9th
SCHENCK.
MIR. FISH TO GENERAL scHsNoK.
40 WASHINGTON, May 8. 1872.
All the propositions made by the British govern.
what this government Cannot agree to~pameiy'
the withdrawal from the province of the tribunal
tence. need not repeat our Conviction that Tia
arbitrators have the right to decide whether tho
claims to which Great britain objects are or are
not admssble that the United States will be
oontented to abide their decision, whether favor
able or adverse to that class Of claims. The propo-
that the view which they have heretofore
presented shall BE- principle Of future
have presented is not q principle, but an
opinion to the construction OF specific treaty,
and is applicable only to one pending DIFF
u
and cannot be a principle OF future action. This
government holds directly opposite view. view with
consider the validity Of the claims, and although
sincerely desrOus OF coming to an honorable under
standing, cannot adopt the British view, or make
1t the basis OF a reciprocal engagement in my
telegram Of yesterday explained that the Presl-
dent
CANNOT AND WILL NOT WITHDRAW ANY POINT
Of what has been submitted within his construction
OF the intent and spirit of the treaty If the British
government persist in their demand, the re-
may ensue must rest with them as you
will have advised them OF the imp0ssiblty result
ing as well from the constitutional inability OF the
President to withdraw what this government Is OF
opinion has been submitted within the extent and
meaning Of the treaty as from his unwilingness to
compromise the rights and dignity OF the govern.
ment by Yielding to q demand not founded on right
or sustained by any valid construction OF the treaty
noped o 70 at e the tres
THE SUGGESTION OF NEW ARTICLE,
as mentioned IN my telegram Of yesterday. Should
almost unavoidable that they have deliberately de-
termined to abrogate the treaty. IT. however, they
liability is that Congress- win adjourn about the
latter part OF this month. Time may be saved,
Therefore 4 negotiations on this point should be
desire such negotiations, 1t may be advisable, to
save time that they give instruction to their Minis
ter here You will keep me advised as to the pro-
babe action Of the British government, so that the
President may communicate the correspondence to
Congress- on Monday, in case the British govern
NO. XXI.
GENERAL scHEScK TO MR. FISH.
Had interviews with Granville yesterday and
last evening. Cabinet long in session. Instead Of
change Of notes. and are willing to further modify
their note. shall tell Lord Granville this morning
go %oaP y9e Of
Just received your long telegram OF yesterday,
which is being declphered. WIN receive and for
or.1N M until HprnI yvyylan tnnn FOL
"''' ''' '''''' N'''" ''A' WV scHENCK.
GENERAL sCHENcK TO MR. FISH,
LONDON, May Q, 1872.
In the long interview with Lord Granville this
evening ! fully presented and urged the views
yesterday. find this government makes great
and apparently insurmountabe objection to the
adoption OF new article on the ground that the
necessarily be SO broad that 1t would proba-
bly, commit both governments beyond what they
fer an Interchange Of notes, because by that form
they can narrow the agitation SO as to relate only
o sated ecaedy o
that the President without the assent OF the Senate
will not go beyond the suggestion made In your
telegram of April 81. Lord Granville seems to
think that so far rs the difficulty for want Of con-
81 to the President might
their advice. Would he do that l asked Lord
Granville as you instructed me, to agree In order
to save time, that negotiations on this point may
would relieve me from painful responsibility In
through the di6lcult and unsatisfactory medium Of
the telegraph. His Lordship's last words after
more than two hours conversation, were as fol-
lows
Icarefuly avoid anything like menace but in conse
Of the VIEWS and ngr mat o1 hays
the chances Of any settlement
l told him was getting to be OF the same mind.
SCHENCK.
GENERAL SCUENCK MR.. FISH.
LONDON, May o, 1872.
Lord Granville proposes to modify his amended
note, which telegraphed you on the 9th, by sub
sttuting "they viii not bring for considera-
tion the Indirect claims before the aroi,
not to have regard in any award that they
make to the claims for indirect losses" l pro-
missed him would submit the change to you, but
thought 1t would be considered more Objectionable
than before, inasmuch as the United States insist
that those claims are Of right fully before the tri-
bunal. SCHENCK.
GENERAL sCHENCK TO MR. FISH.
LONDON, May 10, 1872.
Lord Granville has this moment sent message
requesting me to telegraph you Immediately that
Cabinet meeting will be held this morning, and
that he wishes me to meet him afterwards. This
looks like reconsideration OF what he said
yesterday. l have come to the conclusion
that they have two reasons for their conduct-one
an unwillingness on the part OF Mr. Gladstone to
seem to retract the extreme position he took at the
beginning to the Interpretation Of the treaty. the
other actual unwllingness to accept any rule to
limit claims against neutrals In the future, their
only object being to get rid by an arbitration OF the
demand OF the United States. SCHENCK.
GENERAL sCHENCK 70 MR. FISH.
LONDON, May 10, 1872.
Lord Granville few minutes since submitted to
me in person the following draft OF an article which,
II the government OF the United States think tit to
adopt will be accepted by Her Maiesty's govern
ment. made no comment on 1t, but said would
telegraph 1t to you Immediately.
The Supplementary Article.
whereas the government OF Her Britannia Majes.
ty has commended in the recent correspondence with
the government Of the United States as followH-
Namely, that such indirect claims as those for the
national losses stated In the presented the
part Of the government Of the United States to the
Tribunal OF Arbitration at Geneva to have been sus
tanned by the loss In the transfer Of the American
commercial marine to the British nag the enhanced
payments OF insurance, the proongaton of the war
and the addition of large sum to the cost
OF the war and the suppression of the rebellion,