New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-01-25
ALABAMA CLAIMS.
DISTRIBUTION OF THE AMOUNT AWARDED

TO FORM THE BASIS OF ALL VALID CLAiho
- UNDERWRITERS NOT ENTITLED TO ANY
PART OF THE AWARD.
The Committee on the Judiciary, TO whom
was referred House bill No siso. and House bin No
with the accompanying papers. have considered the
subect matter therein referred to them and respect
fully beg leave TO report;
The Committee on the Judiciary having considered all
matters relating to the distribution among the several
claimants for losses, known by the generic term or
Alabama Claims" adjusted between the United states
and Great Britain by the award lately made at GENEVA
have endeavored so to frame legislation thereon as,
within the limits OF such award TO attain with the least
possible expense, with the most perfect assushco OF
mpartiaty and integrity of administration together
with the prompt and satisfactory decision OF all ques
tions thereto pertaining, TO distribute tne a"aru
equtably among those who seem to have the greatest
right TO share in the moneys secured thereby.
The Treaty OF Washington provides for two modes OF
adjustment OF the claims in controversy between inc
United States and Great Britain: First under cie TO-
that lease the tribunal at Geneva finds that Great
Britain has failed TO fulfill any duty or duties a.
aforesaid and award sum In gross, the high
contracting parties agree that board OF assessors snail
be appointed 10 ascertain and determine what claims are
yalld and what amount. amounts, shall DC PAID oy
Great Britain the United States, on account OF tne
liability arising from such failure, as to eaeh Vessei
according 10 the extent OF such liability" Then pro-
vision is made,as the claims shall be presented
they shall decide the awarded under this article
were made payable In Washington, within IL months
after delivery Of each report Second, by Article y
10 ia declared that the tribunal finds that Great
Britain has failed fu any duty duties as afore
said" {. e., as a neutral nation, ait may, II 1t think
proper proceed award sum in gross to be psd Dy
Great Britain to the United States for all the claims re-
ferred to it, and in such gross awarded
shall be paid in com, by the Government OF Great
Britain, TO the Government OF the United States, al
Washington within u months after he lidae OF the
award"
oCLAMs OF INDIVIDUALS WE'RE CONSIDERED AT GENEVA
The first question that presents ITSELF therefore, Is
whether any specific claims entered into, and became
part Of the award made by the tribunal at Geneva
And, as a coroary to this what If any effect
ought TO be gwen in framing legislation TO distribute
that award according the findings OF the arbitrators
IT will be observed that in separate finding was
made against each vessel e., Confederate cruiser
then board Of were to ascertain each ind-
yidua claim as against the depredations OF that vessel
for which Great Britain was liable, with the right OF
each individual claimant to eheard before the asses
sors finding therefore, by the board Of assessors Oh
the liability OF Great Britain in any particular claim.
ould have been controlling In favor of that individual
claim against the United states, in the distribution or
the award IL further to be taken into consideration
that the United States put before the Tribunal at Geneva
very large claims for damages including the presumed
losses of all its citizens their various relations In COM
merce as well as the supposed damages and losses
assumed TO have happened to the Government ITSELF
But it is well known matter OF history, mat thoso
claims of consequential damages were ruled ont ana hot
taken into consideration by the arbtraors after an
amendment in fact to the treaty It liz quite evident
that no classes Of claims OF individuals as sueb were
made the ground of the awardiby the Geneva Tribunal
because il appears that the award, s6,00000, WAS
the very sum which Mr. Golden, the 18th Of May 1884,
warned the House OF Commons that the United STATES
we're suffering froro the depredatons OF the Rebel
cruisers in the following words e. 1t is estimated that
the loss sustained by the capture and burnngioi Ame
can vessels about SIS e., f3OOoO0O sterling
THE AWARD BASED ON CERTAIN SPECIFIC DAMAGES.
Now the $500 900 added might well be for supposed eI
penses Of the Government in etcting the settlement on
for interest at moderate rate after the adjustment
The Tribunal might well suppose they would
be justified. at least, in finding sum que
as damages against Great Britain, which one OF
her leading statesmen had asserted in the most
positiye manner In Parliament, without contradic-
ton TO have 1864 done by these cruisers to the
commerce Of the United States However this may be,
it conclusively appears to your Committee that the
award never could have been made up out OF any ccn
aton or adjustment Of the individual claims presented
TO the tribunal at Geneva TO the amount OF $4,000
600 for the destruction by three vessels only, and
one OF Them the Shenandoah only after Feb 49, 1865,
for which Great Britain was held liable. The United
States present direct damages claims IN gross 10 e
tribunal at Geneva, for the destruction OF vessels,
cargoes loss of freight Insurance. reinsurance pros
pective profits personal losses enects damages, ana
damages for detention Of ships not destroyed Sy The
Alabama s1,OoOEs3 70
Clarence and Tacony, tenders to Florida. 2sSss4 y
shenandoah latter Feb is, 1861 6Ae7Oa2 81
Total Of all possible claims for three slio5 o.
BY a careful examination OF these claims Ia detail
in the case presented by the United states, IL
will be found that they include never having
been audited examined by any oihcer or agent Oh
the United States) estimated prospective profits gross
freights, insurance and reinsurance OF the same
property moneys to be made by prospective eaten
of whales by the whaers and outfits which had Oeen IN
fact expended ali Of which, at just estimate, when
deducted from the claims made by the owners ana
Others account OF the several vessels tor
Britain was found guilty. are as follows: -.
Tn vessels destroyed by the Alabama $,76H2 Is
In vessels destroyed by the Florida 1422S66 %
In vessels destroyed by the Shenandoah 6i1slo 81
Total amount Of claims which are not for
property actually destroyed or actual a.,
Now al of these items claimed by the United States,
making, with the vessels, the gross amount aooVe
si7sl1is6 o. dlsaowed in express terms by the
unanimously OF the opinion that there no ground for
awarding the United States any sum, by way OF ln
demnity under this head" t.e. prospective carnlnge
WHAT THE GENEVA TRIBUNAL SET ASIDE
The tribunal further declared "a TO double caims"-
l. e. "clams manifestly for the same loss by insurers
and assured"-that In OF such double Claims IN
order to arrive equitable compensation for the
damage that .been sustained it is necessary to set
aside all double claims for the same losses The trib-
una also set aside all claims for gross freights so far
as they exceeded net reights. Reforming, then, the
above gross claim Of the United States OF Sl7i96 "a
by deductng the eO,3l2,526 30 which amount VIII
appear, upon examination, TO have been ruled
out and set aside by arbltrators as above
set FORTH t viii Leave HssSSSts IL only ss tns
States, which considered by the Tribunal st
Geneva at all, presented by the United staes for the