The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-22
THE BRITISH PARLIAMENT
The Geneva Arbitration and Its Principle Of
Maritime Law Under Debate.
The Three Rules Eliminated from the Treaty Of
washington-what Is Feared from Their
Operation Defence of the
Tribunal Conclusion Diraelrs idea.
IElfefAm TO THE NEW YORK HERALD.

NlEeRAM TO THE NEW YORK HERALD
LONDON March q, 1873.
In the House Of Commons this evening the Right
Hon. Claiborne Hardy moved an address to the
Crown, praying that the government be In
siructed to dissent from the three international
rules adopted by the Court of Arbitration at
Geneva.
Mr.. Hardy, in the course Of an able speech in
support Of his motion, declared that in making 1t
he had party object In view, nor did he intend
to cast the slightest imputation the fairness OF
the arbitrators. The disclaimer was received
with cheers
Right Hon. Mr. Forster opposed the motion,
because 1t practically called for vote OF censure
on the arbitrat who adopted the rules. These
rules affected the United States as much a. they
did England. No other nation was interested. II
England objects to them now 1t will appear as If
we were smarting under the sense OF having to pay
the compensation awarded, and united action OF
America and England hereafter. in case OF war
with or between other Powers would be impos-
sibe.
MIR. Vernon Harcourt spoke strongly in favor Of
the motion He declared that the rules never held
water. The best thing possible to do was to re-
quest the United States government to withdraw
them and substitute others which, in the event Of
war, would not make neutrality intolerable.
Mr.. william Rathbone, member for Liverpool,
was opposed to disturbing the decision OF the
Geneva Board. He argued that the rules only re-
quired England to enforce her own laws. II they
were repealed England's commerce would be
ruined forever in the very next war. He hoped
the House would not reverse the governments
just and statesmanlike policy.
Mr. Gregory, conservative sharply criticised
the action of the Geneva Board in imposing dan
gerous liabilities on neutrals.
Mr.. Samuel Laing spoke against the motion
Sir Stafford Nortncote was disposed to favor It,
lie asked whether the government really accepted
the ideas involved in these rules; If it did they
ought to be made law.
The Attorney General Sir J. Duke Coeridge,
asked whether 1t was wise and dignifed to pass
such opinion as the right honorable gentleman's
address city conveyed upon the conduct OF
the arbitrators whom the country through Parlia-
ment had thanked for their services. He contin-
ued 1--WE must submit to the award made at &C.
neva. We had better hold our tongues and pay the
| money" He confessed that 1t would be impossi-
BILE to submit the rules to other Powers for adOp-
ton without distinct statement OF the extent to
which England consents to be bound thereby.
Mr.. Disraeli was glad that the government in
| tended to come to some understanding with that
of the United States in regard to these rules. He
hoped they would do so speedily and then the two
| other Powers for their consideration.
Mr.. Gladstone concurred In the view Of the SUBJ
| ject taken by Mr.. Disraeli. he believed the rules
would lose their force II England alone submitted
| them to the Powers. The governments opinion
was unchanged, and he assured the House that the
matter had not and would not be neglected.
The motion was then withdrawn and the debate
| ended.
The Three Articles Incriminated by tho
!. English Opposition.
The Geneva Court OF Arbitration, after reciting
formidable and technical preface, sets forth the
| principle by which 1t was governed in concluding
w0rds:-
Whereas, having regard to the fourth and sew
enth articles Of the said treaty the arbtrators
bound, under the terms Of the said sixth article,
| governed BY the three rules therein specified and
BY such principles Of international law not incon-
sistent Herewith tine arbltrators shall deter.
| mine to have been applicable to the case.''
l. WHAT THE TREATY OF WASHINGTON SAYS.
/ The sixth article OF the Treaty OF Washington
| reads rs foows:-
ART Gin deciding the matters submitted 70 the srbi.
mem g dSs dFsHs:
gut
able ground 70 believe Il intended to cruise to
.s ss
warke use. Secondly, not to permit OF suffer either
belsersnt to make use OF ~ ports or waters the base
es' s &: s.s n ~ saS
any H s9i sanc S sHs
her High and 70 declare
sons rules principle. Of
law which were in force at the time when the claims
Il os 10 9 af a Il
Ing the friendly relations Between the two countries and
n ses the et
arising ont e those claims the snSula
ns upoe Hr the set ors in these rue And tho
high contracting parties to observe these rules
csf ans . an. Sns e as
| TO accede to them
The seventh article Of the Treaty Of Washington
| reads
ART 1.-THE decision Of the tribunal SHALL II possible.
be made within three months from the close OF the argu
assent to t. The said tribunal shall nrst eImne
act or omission failed TO- fulfil any Of the duties set
forth in the foregoing three rules or recognized by
with such rules and shall certify such fact each
the said vessels In case the tribunal ind that Great
q be paid by 70 the tor
sum 50 awarded shall be paid in coin By
Of Great Britain 20 the OF the United states
whereof shall be delivered to the agent Great Britain
to the SCENT ofihe United states Tor Ks
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