The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-24
HERALD MONDAY, a. ls72-w1rH SUPPLEMENT-

Tribunal OF Arbitration appointed under the nrst
article OF the treaty signed at washington on the
sth day OF May, 1871 for the guidance OF the pro-
ceedings OF That tribunal, have named as their
plenipotentarics that Is to say" &C.
Earl Granville wrote to General ScheDck May
21-
have lost no time in laying before the Cabinet
the Geographic despatch from Mr.. Fish which
You communicated 10 HE this afternoon, informing
OF the result OF the deliberations OF tho Senate
! on the draft article submitted for their advice by
the President OF the United States. It appeared
from this despatch that the Senate had agreed 10
advise and consent 10 the adoption Of the proposed
article, with substitution for the third and fourth
paragraphs OF two paragraphs, as foll0ws:-
"And whereas the government Of the United
States has cOntendcd that the said claims were in
ments adopt for the future the principle that claims
for remote or indirect losses should not be admitted
| as the result OF the failure to observe neutral Ob
cations SO far as to declare that it will hereafter
| guide the conduct or both governments in their
relations with each other, now, therefore," &c.
! In communicating this despatch TO me you in
| quired whether any possible Interpretation could
be given to the proposed article in the form In
Darts togeer Which, would tahnag before a
the arbitrator TO be considered by them in making
their award that part OF the claim called "direct
caims In the case which relates to the cost OF pur
suit and capture VI cruisers. have now the honor
TO state that must, on behalf OF Her Maesty's gov
/ ernment,
DECLINE TO ANSWER TIE QUESTION,
which you have put to me as to the effect OF the
what possible construction it may bear Her
Matesty's government are OF the opinion that the
| definition as therein expressed Of the principle
which both governments urc prepared TO adopt Tor
the future Is vague that II Is Impossible to state
to what it is or is not applicable, and they
% That H Her M He as as
prefer the article as they have drafted
the form proposed by the senate, with the substl-
| tuition OF the words ''of like naturcn for the
words "for remote Indirect losses and the sub
stitutlon OF the words, 'such want of due diligence
on the part OF q nentral'' the words 'the failure
to observe neutral obligations" The article would
| then read:-
~ ENGLAND WANTED TT.
"And whereas, both governments adopt for the
should not be admitted IS the result OF such want
OF due diligence on the part of neutral far to
declare That II will hereafter guide the conduct OF
both governments in their relations with each
other"
General SChenck acknowledges receipt Of Earl
Granvie's note, ana concludes as follows:-
But remark now that instructions to Her Maj
esty's Minister at Washington appear by your note
to have been gwen to be exercised on condition.
lbeg to know from Your Lordship If am TO under
stand that Sir Edward Thornon's authority is iimi-
case that tine proposals contained in your note al.
dressed 10 me yesterday are agreed to by the United
States
General schenck TO Earl Granville, May 2s, in
replying to the latter's note, says
am now instructed to say that the article in
whatever form adopted as to the proceedings before
the arbrators at Geneva must be understood to pre-
vent only the presentation of the claims enumerated
in the second contention of Her Majesty's govern
ment. Your Lordslp in this note proceeds to in form
me that Her Majesty's government are of opinion
that the definition, as expressed in the Senate
amendment, OF the principle which both govern
ments are prepared TO adopt for the future Is SO
applicable, and they believe that 1t would only lead
TO future MISUNDERSTANDING; that Her Maiesty's
raea bn have no article as +, hes na
the article in the form proposed by the
like nature' for the words ''fOr remote indirect
losses" and the substitution OF the words ''such
want of due diligence on the part OF neutral for
tons" fastened to telegraph the full substance
OF all this comnunlcation to Mr.. Fish,
am sa1.rr as yet without any answer 10 that
lieve that the modification can be assentcd
10 Ivy the President. Such change OF language
would alter the whole character OF the agreement.
Further on IN his reply General schenck says:--
This rule should be the expression OF a principle
to be applied to cases as they may arise and ought
not to consist in a reference 10 cases or circum-
stances which may or may not occur
and be limited to those instances without appca-
ton to other cases in which the damage done or
alleged may be equally or further removed from
They
DO NOT SEE THAT THERE is vAGuESrss
in such rule or difficulty in its application to
facts beyond what may be said of any other prin
hencK as you en
unite with us, as the government OF the United
states, In an agreement rounded upon that
as broad as the principle itself that claims for re-
mote or indirect losses should not be admitted as
the result Of failure to observe neutral obligations
ana will you unite with us In declaration that
this principle will hereafter guide the
lations TO each otlerg'H can Great Britain
continue to reply that while she desires to make
taken against the whole class OF remote indirect
claims against q neutral, she must persist in con-
dining II in terms TO only such peculiar descriptions
OF that class oficdirect claims as
HAPPEN NOW TO BE SUBJECT
nn between her and the United States
have existence again. Will 1t not seem, if this be
the limit OF the agreement that the object Is not to
aiiirm ana vlndlcate an important principle, but
sidoratlon, or extnguishng altogether, certain
matters which are unfortunately now a present
cause OF contention?
Earl Granville to General schenck, May %, in.
forms him that, while Her Majesty's govern
ment are far from asserting that the form of
the article proposed by them Is not capable OF fur
Their improvement upon sufficient causes being
shown, Sir Edward Thornton mas no instructions
to use his full powers, except in accordance with
the arrangement we have proposed.
Earl Granville to General Schcnck, May 2s, says
think it desirable at once to address to you the
following observations Her Maiestv's government
proposed an article on the suggestion or the
American government. That article had been
sy the aSe to Her nnd oT a
amended, any means or standard Of inter-
probation. The words appear to include the wilful
] q
want OF due diligence. They cannot suppose this
to he the meaning of the American government.
! Her MaJesty's government hold all the claims made
by the United states for losses which were the
direct results Of the acts of vessels mentioned in
the treaty to De claims for 'indrect losses as the
result OF the failure to observe neutral relations"
Her Majeety's government hold many of the claims
for the losses above mentioned TO he claims for
losses which are
i'SEMUTE' AS WELL AS "INDIREcr"
While resulting from a failure to observe neutral
obligations Her Majestys government are unable
I n giD N n a. n
which they cannot for themselves disdiscovcr
the scope, and with respect to which. owing
mnnlcailon. they have not been APPRAISED
OF the meaning which the American gov
eminent attaches TO it, or OF the reasons
government OF the United states tihk il desirable
to give the information which Her Maiesty's gov
eminent wish 10 receive on these points, and also
think or that purpose some adjournment OF the
meeting OF the arbitrator at Geneva should take
place, Her Majesty's government would be ready
] -