The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-24

I,ne ~ the British nag Inc ennahceu PayMene
OF insurance the proongation OF the war and the
addition OF q large sum 10 the cost Of the war and
me suppression Of the rebellon-flrstly, were not
ihciuded IN Iact, In the Treaty OF washington; anu
further and secondly, should not be admitted in
pr ,,i az growing out OF the acts com
have been enabled to commit depredations
upon the shipping OF bclgerent by reason OF
suca want o. due diligence In the performance Of
United States to Great Britain; and whereas the
government OF the United States has contended
that The said claims were included i'm the treaty:
and whereas both governments adopt for the future
the principle that claims against neutras for re.
mote and indirect losses should not be admitted nc
resulting from the acts OF belligerents Which sch
beliigerents may have been enabled to commit by
reason OF 4 want or due diligence on the part OF 4
neutral in the performance OF neutral obligations
far as 90 declare that this principle will hereafter
guide the conduct or both governments in their
Now, therefore, in consideration thereof the Presl-
dent OF the United States, by and with the advice
and consent OF the Senate thereof consents that lie
win make no claim on the part OF the United States
before the Tribunal OF Arbitration at Geneva in
respect OF the several classes Of indirect losses
hereinheore enumerated
Mr.. Fish to General Schenck May s1:-
As stated in a previous despatch which you com
municated To Her Majestys government, unless
treaty be signed md ratified by this COVE nment
morfoW's steamship for ratification by Her
Majesty II viii not be possible that it become
at Geneva on the 18Th or June, on which day rhe
existing treaty requires that the arguments be
presented. Your telegram reached me this morn.
ing,
WITHIN THIRTEEN HOURS
OF the departure OF the last conveyance by which
COPY Of treaty can leave here to take the steamer
tomorrow. II would be impossible for the Senate
within that time TO consider the important changes
proposed to the form OF the terms on which, after
long deliberations, they have agreed to advise the
President 70 negotiate the proposed article. Her
Majestys Ministry has already been apprized OF
this. To propose
cnASGE or LANGUAGE INVOLVING 4 CHANGE OF
OBJECT
and OF effect at this late period, ia therefore pracH
caly to defeat any agreement. Lord Granville adj
mlts lat the language OF the article FIRST proposedby
Ter Malesty's goyernment might be improved Ihe
now proposed Ivy Lord Granville. 1t appears
to him to leave large class Of very probable
cases unprovded ior and he holds that the
result OF bad faith or OF Willul mscon-
duct toward either OF these two governments
viii never he the sahjoct of pecuniary compensation
sign the article recommended by the Senate, ana
thus put Ii in operation and allow the arbitration
to proceed. 1t is not believed that there IL any
such difference OF object between the two govern
ments in the definition and limitation which
eacn desires to place upon the liability of
neutral as to prevent an agreement on the Ian
guage in which to express It, II time De allowed
for an exchange ofyews by some other means than
the telegraph there is no probability of a practical
question on the extent 0r that liability arising n-
mediately."
Secretary Fish, june /, telegraphed to General
Schenck;-
The fifth article olthe treaty requires the written
arguments 10 be, presented by the 18th
nal without amending that article would
as we are advised practically, amount to dis
continuance, ana that article can be amended only
by new treaty The opinion attributed 20 me re-
Eardng said senate article Is very incorrectly
represented.
General schonck teegraphed to Secretary Fish,
June L..
midnight and Immediately communicated TO Lord
Granville, who has Just sent me IN answer, as fol
lows:--
which received iisa rom s You ' this morn,
ing, beg to inform you that Her Majesty's
by the Senate, cases Of bad faith and w.lfu mscon-
duct are brought within the scope OF the proposed
agreement, which deals with pecuniary compensa--
OF the United states that such cases arc not fit
subject of pecunary compensation, ana ! ALL iI-
opinion that the article adopted by the Senate is
CAPABLE or IMPROVEMENT.
1he thinks a the stss last
IS also also capable of Improvement ts' N'' The
American government state that it is
ject between the two governments in the definition
and limitation which each desires to place upon
agreement or the language in which to express it,
if time be allowed for the exchange Of views by
some other means than the telegraph. The British
government must
DEcLrE TO SIGN A TREATY
which Is not in conformity with their views, and
American government believes to be entertained
by both parties to the negotiation, and which, i'm
subject Of negotiations with a view to its
alteration. IN this position they repeat their readi.
to extent o the time allowed for the
Edward Thornton with ful powers to
wiling to concur in a joint application to the
Tribunal OF Arbitration at once 10 adjourn the pro-
ceedings OF the arbitration, which they advised
metz nj otnrc
upon such an application, without a fresh treaty."
Secretary Fish telegraphs to General schenck
June o.
Although by q literal construction Of the Senate
article cases OF had faith wllfnl misconduct may
be he'd To be within its scope, II Is inconceivabe
that such cases can ever be the subject OF dipo-
matte correspondence with a view TO pccuniary
compensation between two Powers, such as those
now concerned
General Schenck to Secretary Fish, June g ac-
acknowledges the receipt OF the telegram, land
heard from Davis last week that our argument
would be ready the 18th, and Lord Granville told
me theirs would be-
Secretary Fish to General Schenck June 2 fcon-
fdentian says
We concur in the opinion that
THE ARBiTRATogs HAVE TnE POWER TO ADJOURN
either on their own motion or on the motion OF
either party II the arguments he put in on both
sides on the 10Th, and Great Britain moves for an
adjournment, this government will concede.
General Schenck telegraphed Secretary Fish.
June 8, the text OF a communication from Earl
Granville, in which the last named says
II both parties agree not to present any arpu.
ment till later day than the 10Th OF June request.
ing the arbitrators 10 adjourn and II he arbtrators
should on any day to which they may have al.
journed accept the arguments Which both parties
may then wish to render TO them, ibis will be quite
within their power.
Secretary Fish to General Schenck, telegraphed
June A.
'Thc government of The United States differs
entirely from the opnion expressed in Lord
Granyi!le's note TO you, that IL Is not
necessary for the agents to present the
arguments OF the respective governments
on the 18th. The NTH article of the treaty re-
CURES tset the agre.?Wepts he presented within
specified time, which time VIII expire on the 18Th
Being q treaty requirement, the executive depart
mer;:: c: ::.cc .:.SS;cnt cahpot depart from its
obligations, ana has not the power to
consent to change OF It's terms. II an
adjournment is contemplated by Great Britain,
with the idea Of future negotiation. II Is right that
with reference to the Senate article, 1t should be
understood that the government cannot negotiate
on proposition which involves the idea that IL