Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-02-16

The Treaty of Washington.

The Treaty of Washington.
The Introduction of the american Claims for
Indirect Damages. sustained BY The Treaty.
REMARKS OF SENATOR EDaUSDs.
In the Senate February 9th, Mr. Edmunds,
in offering his resolution ssking for any inform
alton in the Presidents possession respecting
" the alleged intention of the Government Of
Great Britain to revoke the treaty of Washing
ton, spoke as follows
No body feels more deeply than the value of
peace between the two governments. This
treaty, which We are told is under discussion
| with view to its revocation, was the product,
/ so far as we are concerned, Of desire for peace
Every word shows ths; the people Of the United
States had given up what they considered to be
valuable rights and privileges in the interest Of
arbitration between nations for the settlement
of their disputes. It is stated that the ground
Of this proposal to repudiate is that the claims for
consequential damages for the acts Of the Brit
ish cruisers, called the Alabama claims, are not
clsims which the treaty will fairly embrace; one
/ OF the very questions which you might suppose
/ would be proper for that tribunal to try. But
3
| founded. hold in my hand this case which
has been made the subject of this complaint. 1t
commences with reference to the negotiations
and protocols which took place in the founding Of
this commission out OF which this treaty grew,
and contains copious extracts from the daily
/ proceedings Of the commissioners on the one
side, and on the other, which 60 by the name Of
/ the protocol. In that l ind quoted from the
protocol, which is, also in print, and | believe,
published, the following
d" At the C0nferencs he'd on the sth Of March
Tie American Comm ssi0lers stated that he people
aud the Government OF the United states fet that
they had sustained great wrong and that great
losses and mi 1rles were inflicted upon their
merce and their material interests BY the course
and conduct Of Great Britain during the recent re-
bellion in the United sta'ea that what had oc-
cured in Great Britain and her colonies during
tnat period had given rise to feelings in the United
states which the people OF the United States did
not desire 20 cherish toward Great Britain: THAT is
70 say feelings Of resent Eeut-fee in5s that
had been struck by our mother when were IN
distress That the history OF the Alabama, and
oihtr cruisers which hai been hlte1 out OF armed,
! or equipped, or which had rece we'd augmentation
Of force IN Great Britain or in her colonies, and OF
the operations Of these vessels showed extensive d.
rect Csses in the capture aud destruction Of large
number oi vessels with their cIrgOts; aud in the
heavy natl nal expenditures 10 the pursuit. or the
cruisers; and indirect IN ury in transfer OF a
larze psTt ti the American eomzerclal marine 70
the British AZ in the enhanced payments Of in
surauce IN the iOngat1n Of the -, and in the
addition OF Q large suu 70 the cost OF the war and
tue aupprass n % the rebellion, aud also showed
that treat britain. by reason If fai iure 10 the
proper observance Cf her duties a nestr8l, had
become justly liable for tie Of the cruisers and
OF their tenders that the claims for the loss and
destruction Of private property which had been
thus far presented, amounted 70 about s. 10000,
without interest when amount was liable 70 be In
creased greatly by claims shich had not been pre-
selted. The cost 20 which the Government had
been put IN the pursuit OF cruisers could easily be
MmnHa NH #Haam
ius oAssrs that in the hops Of an amica'le settle
meat, no estimate was made Of the indirect losses
without prejudice. however, 10 the night to IN
demn dcation on their asco1ut, in the event Of no
such settlement beng made"
Here, then, you have from the official record
Of the proceedings Of this Commission, pre-
liminsry 10 the conclusion ef this treaty, COM
pei1 suI fAT sts.eaenj o! the United States,
coupled with estimates As far SIS they could be
made, sad su excuse FOR not furnishing the esti-
mates IS far IS they could n0t be made pro
yiied s resiy could be concluded which should
settle the disputes and squSre the sccouuts be-
tween he United States and Her Maietty's Gov
eminent Instead Of concluding such treaty.
which would settle the controversy ard make Al
end Of il, j, ended the Old controversy in the
form 10 which il stood, and opened new one in
the form Of : civil litigation, in the form Of a.
bitratiJu, consisting OF persons mutually 10 be
chosen, 50 that the right which we reserved
without prejuice Tor their iuiemaiscstion, IN
less We slliI agree then and there, was ez-
press.y Ieser7ei Il is stated, also. beyond
this pain protocol, in the tresty itself, which is,
perhaps the bes. evidence Of what the parties
intended TO submit. viz;
ARuc1EI Eisrels. DiH.-ences have arisen te
tween the Government of the United States and the
Government cf Her Brtlnnic Ma jesty. and still
exist, sfoRio- cut Of the acts committed by the
several vessels which have given rss o. the Ga N
generally kn0wo as the ALBANIA claims.
And then follows the clause .ast der Ma
jesly's G5ysrnmeat are willing 70 express, in
friendly spirit. her regre; for the unfortunate
occurrences. which l need rot repeat
Now in orier - re move and adjust all complaints
and claims on the part %. the United States and O.
provide for the speedy settlement Il such claims
wh -h are u1t admitted hy Her Britannia Maiestvis
Government. the hl-a contracting pa-ties agree
thit all the said cams growing out Of acts com
mitted hy the Aforesaid v-ssels and generally
suovn ms the Alabama c aims shall be referred % a
tribunal q a.h traitor
Hest, then, lir. Pres.ie 10 hSse in Il.
press language, Ia the treaty itself. the state
meut that 81 our complaints and all our clsms,
which are set up As growing out Of tie sets Of
those cruisers, that Is the necessary and actual
Consequences Of them. IS well as the acts them
selyes, sho1d be submitted to this tribunal Of
arbitration, sni decided upon the principles
Fixed for their decision. This is not All. Mr.. /
President, beyond the plain snd indisputable /.
mesuing Of this language employed. it is =
matter Of public history, notorious to sI men.
that our claims thus covered did embrace all /
dsmsces sni losses arising from the natural
sul necessary Consequences Of the wrongful
sets snd omissions OF the British Government.
These claims we're stated by my honorable friend (
from Massachusetts, (Nr Sumner) in a speech /
upon the preceding treaty with Her Msiesty's
Government, and it WAS as well known perhaps
10 the British usti0n, possibly better known to the
whole Eng.isL nation than any other discussion
90 suy other public sutject IN the United States
since the Revolution, and perhsps incluiiug the /
Revolution That is not sll 0rs Of the I
statesmen Of Great Brtaia-Nr. Cobien-i in
informing Parliament what responsibilities they
were assuming in permitting these cruisers to
esc,pe utei this language in 1864 Here Mr.. /
Eimunis cited from Hsnssri. vol. ..
page 172, where Mr. Golden sets forth
the nature snd extent . the ismsge 10 our COM I
merce by rebel cruisers, directly and indirectly.
in reply to an argument Of the Attorney General I
thSt the British law as it stood was effective for
preventing breach Of neutrslityl The book,
Mr. Eimuuls continued from which have re.i
Mr.. Cobdens words, IS 4 book which Ess pub F.
lshed with view TO pnblio information pre-
ceding this very treaty. Il Is the very valuable
book Of Mr. Bssmsn, which WAS printed in the
winter Of ls7O-7I, and covers the statement of
this whole case In this book Of his he again sets
forth in the strongest language, no; only the
sctual damage 10 our vessels ground Of
claim, but also all the indirect, as they some
times called, but more properly the direct, nj
tursl and consequent damages growing out Of
these acts and he states them much 10 the way
that Mr. Coblen does, only perhaps IN more
summary and concise manner. | shSl read only
one clsuse Of this. because | an asking the
indulgence Of the Senste to make these remarks:
"The escape o., and burning ~ the Florida. Ala
bama and otner vessels grea ly increased the hopes
AID expectations Of the Insurgents, and on that
count the cOntes. was very much prolonged. That
contest cost the Tn ted States $4,000 % coz Let
any one think Of that amount an make his own
timate OF how much Ices tho Unitet states would
have required u expen1 Il the Y Ieen's pr0c amaion
Of neutrality haI mover been issued az d Il the Flo
rida and Alsbama had never escaped f-Om Liver
pool In this connect n, remember that a large
number OF United states war vessels were four years
employed In seeking 20 prevent the escape OF me
FlCrida or Alabama from British port. or in vain
~ searching for her over the ocean. and r. member
that these same unitei States e 5 could have
been used more efectuauy 10 close the Southern
ports If they had not been nee1ed for this otner pur
pose These damages to the nation can only be ap-
proxinsted; but their existence is CERTAIN and the
amount Is m0nstrous.
This is the record evidence we have which
demonstrates beyond sny reasonable csvil, not
only that the letter and text Of the treaty fairly
includes the making Of these claims | DO not
say the paying them, thst Il one Of the
matters which We sgree1 10 srbitrA,e Ii NAV
be that they will be decided sgainst us, that Is
another question; but the right 10 make these
claims and have the fair and unbiased judg-
ment Of the Tribunal Of Arbitration upon
them is found in the very letter Of the treaty.
Il is found in the fact that for years the Eng
lsh Government and nation had had notice
Of the fact that these damages were accru-
ing, had had notice of the fact that
they were part OF the claim and part
Of the ground for reimbursement, which
the people Of the United States thought
was a just and proper ground for reimburse
ment Now. Mr.. President, what does this
mean 1t would look almost like pretext for
revoking the treaty or coutrivsnce to exert an
external influence upon the arbtrstors prejud-