The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-01

tIn1C LIHsIUuIt aUVenTlIOnS dIlTicuTcs LHnt
have heen neaped up about the controversy. We
venture to predict that IN a little time the vast
cliasm which so lately seemed to yawn between tie
POSITIONS or the TWO Powers VIII he touDd 10 nave
vsiDly narrowed: ana when the difficulty seen
us true PROPORTIONS the solution VIII more readily
suggest Itself.
A French Opiris nm of tia. Washington Treaty.
TIE following article, signed by NJ John Le-
monne appeared IN the Deoats OF the 18th OF
Marcn:-
arrived IN England, ana II bears out the anticipa-
lions winch nave been expressed on bota sides.
Ihere mas been Misunderstanding m the nego-
tiatlon and IN the terms OF tue Treaty. IL was
discovered az the moment when the Treaty was
posed To Yield, and as last result every ming must
begin again upon fresh bases. We have already
p!Bihed Inc position OF ailars. England consented
TO submit to armtrafors the question OF indemnity Tor
direct and clearly defined damages. America
direct DAMAGES otner cases. unlimited in number
ana un6enned IN extent. OF indirect damages. me
ilrst erect 81 which was to render England respons
pie for the prolongaton OF the war ana liable for
the EXPENSE which II had en,aiied. Tns simple
iitle bill might possibly have attained pro.
portions exceeding the ransom Imposed upon
France by Prussia; 1t might have reached ten NIL
l'ards In fact u opened Held Tor all OF fan
tastic ca culations. That Is 50 true that rae Amer
cans nave never seriously maintained the cemand;
throughout the controversy tney have seemed 10
say. ut IS joker IL would appear that Ill us
reply the United States governments manl-
lests very conclliatory dsposit on; IL would
willingly arrange the difference, but 1t has not the
power 90 do so. the lnterpi citation which II has
given 10 the treaty, and which IL has submitted to
the Geneva TRIBUNAL Is that which Is acceptanie by
the public opinion OF the United States aud ii Is
therefore Impossible for 1t to withdraw ITS claims
England, Al, we have SAID, caeg0rically re uses 10
allow itself to oe drawn from the legal ground
wnich u mas selected: 1t VIII not submit to the arb
TO them, even although 1t haew beforehand that tie
decision would be IN lts favor. England quote
n precedent OF twenty years, standing in rs juslil-
cation. In order 10 nX the boundaries between the
state ana the BRUSH Possessions In North America
the two governments selected the King Of Holland "a
hnn n Inn
Eng and acceDted hts decision, but the American
government refused to 40 SO, upon the ground That
70 decide between two lines OF position specially
dcnnea and not to fix npon third and dnerenr
treaty TO settle that difference. 1t is probable that
upon TINS occasion also 1t VIII be necessary to do
disposition or both governments to arrive
c ~ sssaa ID HRs a 'o %Ha wo ns
two governments, VINO could negotiate upon
laelr sole responsibility by virtue of the right
attaching 20 every executive power TO conclude
treaties. But the English government and the
American government do not stand Ia the same
position. In the United states q treaty concluded
with foreign Power TO become valid requires the
ratification OF the Senate IL IS that which imposes
an obstacle 10 any amlcable arrangement between
the Two governments Several methods Of set,liDg
the dispute nave been suggested-lor instance,
to stlpulatc beforehand That the inde mnles 10 be
awarded shall not exceed certain amount, or thar
the American representatives should declare that
their demands for indirect damages are merely
formal, and that the tribunal was not called upon
seriously to consider them But the English object,
woald not resolve the question; tnat they
could not know whether the American
se ene cavns tne treaty 10
own government mad exceeded their powers ana
would not rest upon the original demands. The
President OF the United States anu his Cabinet may
make particular arrangement, but the English
government cannot tell whether sucn arrangement
or sucn new Interpretation would be accepted by
the Senate. In sucn event nothing wound be
settled and nothing would be concluded,
got ria OF this quarrel 10y the payment OF
some millions might lind it revived IN the
form or demands Tor indirect damages. The
Is complicated by the proximity OF the Presidential
election IN the United States, which precudes any
be sand Of him that he has abandoned The American
claims upon England. rnis Justice must be rem
ton OF party. They know that it is
too serious an affair TO be tri1ed with. 1t IS
singular result thai the Gladstone Ministry Is at
the same Tune shaken and strengthened by tins
question: II Is shaken because IL Is serious diplo-
cause no one wishes 10 undertake IL che task Of
getting out OF TINS false position. Thus, might
have been ioreseen from the hrst that Is rom
the moment when II was lound that the two
parties mad not understood each other II Is
probable that the AFFAIR Will remain as it
IS; mat the tribunal at Geneva Will constitute Itself
formally ana VIII summon the parties; that the rep
resenatves Of the Unied States VIII declare them.
selves ready 10 appear 10 Plead Dui tnose OF Eng
land Will ABSTAIN asserting that the questions sub
united TO the tribunal are not those winch
specified in the convention. AS last resort fresh
negotiations must be opened py fresh ncq0tators,
and IN the meantime the quarrel VIII remain OPEN"
Proceedings in the House Of Commons-Mr.
GiadStonc's Reply ~ the Questions Con.
corning New ProposaIs-The treat " Making
Power of the Crown.
LONDON, March q, 1872
Last night the Washington Treaty was thus briefly
alluded
Mr. HoRsMAN-In putting the question which
stands In my name wish TO state that II II wall DC
answer should limited TO the terms OF the
despatch just going out, shall be perfectly con.
tented with that answer, postponng the remainder
OIL the question To be answered alter the
1t to my rlgnJ honorable frlend's discretion to
answer IL, II ne thinks proper, IN the terms IN
Wncn ~ STANDS VIZ, we,her ne can give an assnr-
Alabama Treaty, no new proposals shall be made
acceoted by the British government as binding on
TINS country until they snail have been made known
10 Parliament and an opportunity afforded for an
expression OF It's opinion upon them.
MI GLADSTONE-l qulte appreciate the courteous
offer when my right honorable friend has made to
limit the scope OF his question 10 the despatch
the ncrlcan Minister for TRANSMISSION to the
American government by to-morrow's mail. / do
tnat offer; hut l necessarily answer the question
without having mad the opportunity OF
colleagues. nave mad The opportunity Of
examining and rejecting on It's terms. am quite
sensible that the short notice Of the quesll
when has been put ON the paper grows out or the
necessity OF The case ana not out ot any leeing up
on tile part 81 my rignL honorable Trend. 1eel
myself sufficiently able 10 state generally the views
ol the government with respect TO question OF
this nature i am unable 10 give the promise
which my right honorable friend asks but
] can say, however, that | am by no means
OF opinion mat Parliament ought TO remain in sub
santal ignorance OF the progress OF the course OF
these great affairs, even WINE they are their
rent stage. Parliament ought and must be In
formed OF the spirit, the aim and the direction OF the
policy OF the government, and Parliament has been
informed, through me medium q the speech OF the
queen and Dy the discussions that have taken place
both houses OF Parliament, OF the Spirit. ann and
direction OF the leading propositions on which the
government has founded Itself. Where there IL 10
be any alteration IN that spirit, aim and direction,
30 far agree with my right honorable friend that 4.
would be tue duty of the government to take care
Parliament made aware OF II. Beyond referring
90 the declarations tnat nave already been made,
do not think II Ii possible TO the demand OF my
right honorable friend. WHAT Is that demand "fhat
reference TO the Alabama Treaty''-anl
! think the limitation immalcrial because princl-
pies applicable 10 the Aiaoama treaty would he ao-