The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-25
United States District Courts the
Claimants Resort.
SPECULATIVE LOSSES EXCLUDED.
Arbitration Sauce fOrAhe "Indirect Goose To
Be Served for the Losers Ganders.
THE ALABAMA, FLORIDA AND SHENANDOAH
What VIII Be Paid For and
How to Obtain 1t.

The subject OF the Geneva award is again brought
Into prominence by the boined report and bill
10 the House OF Representatives from the Judiciary
Committee. Both have been drawn by General b.
r. Butler who signs the report on behalf OF the
Committee
The Committee on the Judiciary, to whom was
ferred House bill No. 3, 1885, and House bill No. -,
with the accompanying papers, have consid-
cred the subject matter therein referred to them,
and respectfully beg leave TO report:-
The Committee on the Judiciary having cOnsid-
cred all matters relating to the distribution among
the several claimants Tor losses, known by the
generic term OF alabama claims" adjusted be-
tween the United STATES and Great Britain by the
award lately made at Geneva, have endeavored
TO frame legislation thereon as, within the limits OF
such award, to attain, with the least possible ex-
pcnse, with the most perfect assurance OF imparti-
Atty and integrity of administration. together with
the prompt and satisfactory decision OF all ques-
lions thereto pertaining, to distribute the award
equitaby 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 be-
tween the United States and Great Britain First,
under article ten. that In case the tribunal at
Geneva finds that Great Britain has failed to fulfil
any duty, or duties, as aforesaid, and does not
award sum in gross, the high contracting parties
agree that board OF assessors shall be appointed
to ascertain and determine what claims are valid,
and what amount, or amounts shall be paid BY
Great Britain to the United States on account OF
the liability arising from such failure; as to each
Then provision Is made as to when the claims shall
be presented, as to how the assessors shall act,
and within what time they shall decide, and the
sums awarded under this article were made paya-
BILE in washington within twelve months after the
Second by article I, it is declared that, Gin case
the tribunal finds that Great Britain has failed to
!uini any duty, or duties as Aforesaid T. e. as
coed TO award a sum in gross, to be paid by Great
Britain to the United states, for all the claims re.
Ierred to IL; and in such case the gross sum so
awarded shall be paid In coin by the government
Of Great Britain to the government OF the United
States, at washington, within twelve months after
the date OF the award.n
WAS TIE AWARD FOR A GROSS SUN AND NOT FOR
SPECIFIC CLAIMS.
The first question that presents ITSELF therefore,
H. whether any specific claims entered into, and be-
came part OF the award made by the tribunal at &C.
neva? And, cOrOllary TO this, what, ifany effect
ought 10 be given, In framing legislation, to dis
tribute that award according TO the findings of the
II Will be observed that in case separate find
Ing was made against each vessel-L e., Coincide
rate crniserthen ooa ra Ga assessors Mere 70
relations OF that vessel, for which Great Britain
liable, with the right OF each individual claim
ant TO be heard before the assessors. A finding,
therefore, by the board OF assessors OF the liability
Of Great Britain in any particular claim would
have been controlling in favor OF that individual
claim, against the United States In the distribu-
IL is further to pc taken into consideration that
the United States put before the tribunal Ut Geneva
very large claims Tor damages including the pre-
sumed losses OF all its citizens in their various
ages and losses assumed to have happened to the
government itself. Bat 1t is well known, as matter
or history, that those claims OF consequential dam
ages were ruled out and not taken into cOnsidera-
ton by the arbitrators after an amendment IN fact
10 the treaty.
1t is quite evident that no classes OF claims of
dividuals, as such, were made the ground Of the
award by the Geneva tribunal, because 1t appears
that the award. f15,o0o,oO0, was the very
sum which Mr.. Golden, on the 18th OF May
1864, warned the House OF Commons that
the United states were suffering from the depreda:
of
at Is estimated that the loss sustained by the cap
tnre and burning OF American vessels Is about ni-
teen millions OF dollars, I. e., 81, 0O0,0O0
Now, the 100000 added might well be for sup
posed expenses OF tue government In eiecting the
settlement, or for interest at moderate rate after
the adjustment. The tribunal might well suppose
they would be justified at least In finding sum
her leading statesmen had asserted in the most St
positive manner IN Parliament, without contradic-
the commerce o! the United states. However this
may be, 1t conclusively appears TO your committee
that the award never could have been made up out
oil any calculation or adjustment OF the individual
claims presented 20 the tribunal at Geneva u the
amount OF fifteen millions for the destruction by
d0ah, only after February Is, 1865 for which Great
Britain was held liable.
Tue United States present, as direct damages,
claims In gross TO the tribunal at Geneva, for the
destruction OF vessels, cargocs, loss OF freight,
surance, reinsurance, prospective profits. personal
losses, effects, damages, and damages Tor detention
Of ships not destroyc cd by the
Shenandoah tsiter February Is, 1850 80. t,ao7,oa2
Total OF all possible claims for three
cruisers. .$lt,sll, l9t
BY a careful examination Of these claims in de
tall in the case presented by the United States II
Will be found that they include never having been
audited or examined by any officer or agent OF the
United Statcs) estimated prospective profits, gross
reignts Insurance ana reinsurance OF the same
property, moneys To be made by prospective eaten
OF whales by the whalers and outfits which hao
been, In fact expended, all which, al a Just cstl
mate, when deducted frsm he claims made ny IN,
owners and others, on account OF the several yes
scis lOr which Great Britain was found guilty, arr
~ follows:-
In vessels destroyed by the Alabama. SO, 76l. A.
IN vessels destroyed by the Fiorda..... l422 80,
IN vessels destroye Ell by the shenandoah DIPS, III
Total amount Of claims which are not
lot property actually destroyed or
actuhi injuries SO 3l2, 52t
Now, all these items la med bv the United states
making, Win the vessels, the gross amount above
f1,sll ls5, were dlsalowed In express terms by the
tribunal AL GENEVA as follows The tribunal were
unanimously OF the opinion that there is no
ground for awarding to the United states any
sum- by way OF indemnity, un der this head 1 r.
irrespective ear nings.n ~
The tribunal further declared as TO "double
claims I. r., " claims naniiesty for the same
loss by insurers and assured'-that, in case of
such double claims, ''in order TO arrive AT AN
equitable compensation for the damage that had
been sustained IL IL necessary TO set aside al
double claims for the same losses.v
The tribunal also set aside 'all claims for gross
freghts,r SO far as they exceeded net lreights.
Reforming, then, the above gross claim Of III,
United States OF 1896 by deductng tn,
slO,312 500, which amount will appear upon ex
animation TO have been ruled out and set aside b,
the arbitrators. above set forth, II will leave
fTzes, 900 only az the amount OF individual claim
nv citizens VI the United states, wllcn were con