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

on the indirect Claims, ana that they fall to do
justice TO the sincerity OF purpose in the interests
OF the future harmony Of the two
nations which has led the United States
need not repeat to you the earnestness OF the
Presidents desire TO prevent failure OF the arbi
OF OF sy OF So treaty which Is SO
10 continued Efforts by all that Is in your power
consistently with the homer and dignity OF this ma
ton, TO bring about an honorable understanding
between the two governments on this question,
which mas been, rs 1t appears 10 us, SO unneces
sariiy and unwisely raised to the imminent peril OF
an important treaty.
This correspondence continued until The 10th of
May, when Lord Granville brought TO Mr.. Schcnck
IN person the draft OF additional article to the
treaty, which has already been published ami acted
on 10y the Senate. TN the l4th of May General
Schenck wrote to Secretary Fish, the letter having
been received on the 21th OF Nay, n connected his
tory Of what had transpircd between that time and
the "a inst, and gives summary OF an interview
with Lord Granville to the position OF the ques.
ton. Lord Granville on the goth OF May, said
ii would save time in case OF the treaty
being adopted il he were TO prepare a form OF notes
from Her Majesty's government ana the govern
ment of the United States, communicating the
treaty to the Tribunal of Arbitration at Geneva,
which he accordingly prepared. General Schenck
submitted this form TO Mr.. Fish by telegraph; so
that II the occasion should come no time might be
lost In having 1t ready as agreed on. Mr.. Fish on
the 2sth OF May informed General scnenck that the
object Of the United States in retaining the indirect
claims before the Tribunal was,
First
RIGHT Under THE TREATY
TO present them.
Setond-To have them disposed OF and removed
from further controversy.
7Hifd-To obtain a decision either for or against
the liability of neutral for claims of that descrip-
ton.
F0u'Ht-lf the liability OF neutral for such claims
is admitted In the future, then TO insist payment
by Great Britain Tor those OF the past.
Firth-Having against Great Britain, TO
have the principle apply to it that may In the
fiture he invoked against the United States
Secretary Fish telegraphed to General Schenck
May Pc az follows -
The President having requested nj expression by
the Senate Of their disposition i'm regard &c al
vlsny aud consuming to the formal adoption OF the
article proposed by the Brit sh government. as
communicated In your telegram OF May 10, that
body has amended the proposed article. and agrees
10 advise ana consent to It's adoption In the following
terms, down to and including the words "Great
Britain" the SINE as in the article proposed. and
then the following :-"And wnerca, the government
OF The United states has contended thah the said
Claims were included in the treaty; and whereas
BOTH GOVERNMENTS ApOrT
for the future the principle that claims for remote
result OF failure to observe neutral Obligations so far
as 10 declare that 1t viii hereafter guide the con-
duct OF both governments in their relations with
each other, now, therefore, in consideration there
o., the President OF the United states by ana with
the advice and consent of the Senate thereof con-
SCENTS that he viii make no claim on the pa, Of the
United States in respect OF indirect losses as aore.
said before the Tribunal OF Arbitration at Gcneya.n
You Will. without delay, inform Lord Granville |
President viii negotiate new article in the terms |
and TO the effect OF The foregoing. You will also |
Passed concurrent resolution 10 adjourn she die
on the 2sth inst. and that treaty cmboayiDg the
article must be presented to the Senate and receive
its approval 1t is important, therefore, that au-
thorty DC speedily given to Her Majesty's Minister |
to sign The convention IL The British government
conclude TO enter into the agreement. A copy of !
the article has been furnished Sir Edward
Thornton.
In telegram dated London, May IS, General !
schenck communicates to Mr.. Fish the following: -
communicated your telegram OF yesterday 10 |
Lord Granville He submitted II 10 the Cabinet.
who took it under long consideration. He has Just
given me their answer. II Is az follows :-'.ller !
Malesty's government are OF the opinion that The
definition ny the senate OF the principle which both
the governments are prepared to adopt for The in,
tnie is
so VAGUE
that IL is impossible 10 state to what e Is OF
Is not applicable, and they believe that il would
only lead TO future MISUNDERSTANDING. They pre-
fel the article as they had drafted IL, but have
objection to accept the article In The form proposed
by the Senate, with the substitution of the words
"of Ike nature FOR the wo~ds "for remote indi-
rect losses and the ubsltution OF the words !
such want OF due diligence on the part Of men.
tihl lor the words thc laliufe 10 observe neutral
obligations"
III reply TO my inquiry OF Lord Granville whether i.
any possible Interpretation Of the forms proposed
by the senate would be held BY them 10 prevent
taking baiore the arbitrators to be considered by
them in making their award that part OF the
claims which related to the cost Of pursuit and cap
ture OF cruisers he states that he must, on on
behalf OF Her Maicsty's government, decline to
answer Az r, any questions ,sor as TO The effect of
or to state what possible construction
it may bear. Lord Granville says he has informed
- n tnrf..
Maicsty's government will not insist the words
YOU desire TO omit from the preamble II You will
give assurance IN writing that the United States
nicating the convention on the part OF the United
States to the Tribunal of Arbitration.
LORD GRANVILLE TELLS ME- COSrIDENTIALLY
tnat Thornton informed him yon had stated that
the Committee on Foreign Anaifs was really to re.
commend the following And whereas the
government Of the United stat contend that the
said lans were included In the treaty, now the
two governments agree that the principle involved
in the second Of the conventions herenhciore set
foith BY Her Ma,cs,y's government will guide their
conduct in the future in their relations with each
TO adont.
May % Mr.. Fish tclegraphed General schenck as
follows:-
THIS GOVERNMENT DECLINES TO ACRE.
TO the proposed altering OF the supp ementai arti-
Gle. The establishment OF the principle embodied
therein has been its object in adhclng TO the pre-
sentaion OF the Indirect claims, and It's recognition
Is the indnccment for not pressing them before the
tribunal.
General Schcnck telegraphed Secretary Fish,
May So
Lord Granville has tonight after another Cabinet
meeting sent me the following furtler cOmmuni-
cation 81 rbink 1t desirable at once to address
you the following observations in addition
10 uiluv e stated in my letter OF yesterday
Her Maiesty's g0ylrnment proposed an Mt!cla on
the suggestion of the anne, itiii r67eIiimcn That
article has been amended by the Senate. Her
Maesty's government are not able TO find for IT, as
amended, any means or standard OF Interpretation.
The words appear 70 include
THE wILtrL AIsCuSDCCT or A NEUTRAL,
rs well failure from want OF due
dlhgcnce. They cannot suppose this TO be
the meaning OF the American government. Her
Moesty's government hold all the claims
made by the United States for losses
which the DIRECT results Of the acts Of the YES
scls mentioned In the treaty 70 be claims for ipdl-
rect losses az the result of the failure 70 observe
neutral obligations. Her Malesty's government
hold many the Gains for the losses above men.
toned to nc Claims for losses which are remote as
well a. indirect, whie resulting from Il failure 10
observe neutral obligations Hcr Majesty's
ruy uuahp an