The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-16
from pressing for compensation and for any pecu-
MARY awards OF the aforementioned claims.
SCHENCK.
GENERAL 5cnENCK TO MR.. FISH.

Lord Granville proposes the following as the In
trodnctory part Of the note submitted to you by my
"sl-I have laid before my colleagues the despatch
addressed to You by M. Fish on the 10th ult., OF
which v0u furnished me with copy on the LIST inst
| ! Informed you IN my letter OF the goth oil Marcn
that Her MaJesty's government in communicating
you the grounds on which they hold that the
| claims for indirect losses are excluded nom the
scope and intention OF the reference 70 the
Tribunal of Arbitration at Geneva, did not
wish TO commence a diplomatic controversy,
but merely to comply with the desire substantially
expressed by the government of the United
States to be advised Of the reasons which mad
prompted the declaration made by me ON Dehail
OF Her MaJesty's government on the Sd of February
Her Malcsty's government are still OF the same
the partial relonder which Mr Fish has made TO
that statement OF their reasons, they agree with
MIR. Fish in seeing no advantage In the continu-
ance OF an argumentatlye discussion on the sub
! Jet. 1t Will, however, be understood That II 90
not review the matter OF Mr.. Fsh's despatch II Is
that way may be found without prejudice to the
arguments heretofore advanced by Her Malesty's
/ government to avoid further controversy In the
full expectation therefore that an arrangement,
satisfactory to both countries will DO accepted by
! the government OF the United States proceed to
state the views OF Her MaJesty's government
! SCHENCK.
NO. XIV.
/ MR.. FISH TO GENERAL sCHENOK.
| WASHINGTON, May A. 1872.
The President regrets that Her Majesty's govern.
sal sal mentioned in my telegram of tho 9TH April,
which this government had been led to hope
|
between the two governments with regard to
! the arbitration now pending under the Treaty of
| Washington The nature and terms OF the PROPOSE
ton contained In your telegram OF the 30th April
such that 1t cannot justify his assent. He cannot
consent to any proposition which, by implica-
ton or inference, withdraws any part OF the
claims OF the case OF this government from con-
sderation OF the tribunal. The British government
Ss he OF e ams ts
| United States are not within the province OF the
tribunal, be continued as their principle OF action
| or Inf ppIf hAf in finn nf rlr{n
parties. IRE United States do not entertain the
and cannot onter into assurance on the basis OF
such principle, the proposed limit to the agree
mot to oams Of that nau
OF similar cases and similar circumstances. No
two cases are similar and circumstances similar to
Great Britain, consequently the terms OF the pro-
posed agreement guarantee nothing to this gov
OF opinion or of Judgment by the tribunal on the
class OF claims referred to- and thus virtually de-
buna has jurisdiction over all the claims which
have been put forth. Under these circumstances
the President Is compelled to adhere to the opinion
that it is within the province OF the arbitra-
tors at Geneva TO consider all the claims, and TO
determine the liability OF Great Britain for all the
claims which have been put forward by the United
States. FISH, Secretary.
GENERAL. scHENcK TO MIR. FISH.
LONDON, May s, 1872.
Your telegram OF yesterday received to-day.
win endeavor to see Granville tonight, or early to-
accordance with Your views viii you examine it,
including Introductory paragraphs as given n my
basisp Suggest exactly what odc csS Would
make it possible for the President to assent to 1t;
also give me draft Of such reply as you would be
ment will not agree to the last paragraph
Of your tie telegram Of Apr FL They may agree
press for award for indirect damages nothing need
be said about any modification Of the original cases,
nor whether such agreemept y Withdrawal or not
than agree to submit the indirect claims to the
Judgment OF the tribunal, apprehend this govern
tons and make an absolute declaration against
proceeding with the arbitration. Could the Presl-
dent assent to their oer II can get the following
Mnjesty's government are now ready to state that
II the United States will and do agree not to press
for pecuniary award before the Tribunal of Arbi
tratcn at Geneva, on account Of claims for indirect
losses or damagcs-namely. the increased premiums
ana the prolongation of the war-then Her
Majestys government win and do on their part
at any time in the future be beigerent, while the
United States Is neutral, and should there be any
their neutral obligations, Great Britain will make
or advance no complaints or claims against
United BY reason or on
results of such failure" This rule principle not
to advance or press complaints or claims for indi
rect, remote or consequential damages to be mutu-
ally and reciprocay observed by both parties in the
future; The notes which are eSshanged on this
ton and entered on its record. SCHENCK.
| NO. XVII.
| GENERAL SCHENCK TO MR. FISH.
Had two hours discussion with Granville last
night. To-day he handed me, as the result OF con-
ference with his colleagues, the following amended
| proposal. Compare 1t with their former offer and
inform me how far you can assent or must object
told him thought IL not modified so as to be yet
| Maestys government are ready to engage that in
satisfactory, hut agreed to submit it TO you:-"Her
the event OF the government of the United States
agreeing the arbtrators are not to have regard in
any award they may make to the claims for indi-
rect losses=namely, the transfer OF the American
shipping, the increased premiums Of insurance
governn ent VIII on their part agree that the view
which they. have heretofore presented Of SUCH
conduct and they are ready In pursuance Of the re-
cogniton OF such principle, to give assurance to the
time hereafter he a belligerent while the United
States are neutral, Great Britain will advance
any claims inconsistent with that principle" Such
an engagement for the future, being reciprOcally
| given by both parties. The notes which are eX-
changed this subject to be presented to the Trl
bunal OF Arbitration and entered ON its record. In
the predatory paragraph he strikes out at my sug-
gestion the words, ''wthOut prejudice to the arQl-
ments heretofore advanced by Her Majesty's gov
| NO. XVIII.
| MR.. FISH TO GENERAL sCHENcK.
| WASHINGTON, May o, 1872.
Your telegram received during the night. An
agreement which Is to bind the future action Of this
| RoNeTHInenp can DC maue only Dy treaty. ana
would require the assent OF the Senate Should the
tribunal decide that nation Is not responsible In
pecuniary damages for the consequential results Of
failure to observe Its neutral obligations, such de-
csion could not fall to be regarded settling the
question between the two governments in the fu-
ture. II the British government desire to open ne
gotiations to define by treaty the extent Of liability
for consequential damages, resulting from failure
OF observance OF neutral obligations the President
viii carefully consider any proposals In that direc-
ton. FISH, Secretary
| NO. XIX.
1
! WASHINGTON, May I, 1872
The President earnestly desires to do everything
consistent with his duty to the country and with
/ the great interests to the future OF both gov
ernments and TO the principles so important
to civilization as are involved in the treaty.
/ 90 gyold the possibility OF its failure. This
government is 0f opinion that the submission Of
intent OF the treaty, and that tie. consideration
OF those claims Is within the province OF the tribu
! nal. The President alone has not the power to