The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-12
WASHING TON.
Sir Alexander COckburn Severely Han
died by Secretary Fish.
STTFENNC FOB CUSHIEG'S BACK.
Yhe Rod That Sir Alex, Helps Uncle Sam
to Put in Pickle.
ILLNESS OF THE PRESIDENT.
American Enlarged Prop
erty in Cuba.
PAYMENT OF TEE MAY INTEREST.
More Confederate Archives To BE Pur-
chased by the Government.
MILITARY C0NFAB AT THE WHITE HOUSE.
Singular Conduct Of Judge NC
Kean, Of Utah.
American Enlarged Prop
erty in Cuba.
PAYMENT OF TEE MAY INTEREST
More Confederate Archives To BE Pur-
chased by the Government.
MILITARY C0NFAB AT THE WHITE HOUSE
Singular Conduct Of Judge NC
Kean, of Utah.

Bancroft Davis, Report ON Sir Alexander
Cockburn's MISUNDERSTANDING Fish
Conn me nts ON IL and Puts a Rod IN
Pickle for England.
The second volume OF Inc papers relating to the
SOreign relations OF the United States transmitted
10 Congress with the Annual Message, has just
been published, and Is devoted entirely to the
Eeneva Tribunal. Like the first volume it contains
some remarkable documents, and the most notable
are the letters OF j. c. B. Davis in submitting his
eport as agent OF the United States, and the reply
Of the Secretary OF State, acknowledging the re-
rcipt Of the report Of the agent OF the United
States and commenting upon the opinion of Sir
Alexander CCckburn the Arbitrator appointed by
ucr Britannia Majesty the Geneva Tribunal.
rhe existence OF these letters has but just leaked
pnt, and their tenor is not calculated to conciiate
the opponents of tile three rules laid down in the
treaty OF Washington. The report OF Nj. Davis,
agent on the dissenting opinion OF Sir lAlexan-
Ger Cockburn, is as follows:-
The lrankness with which Sir Alexander Cock
burn confesses in this opinion that he sat on the
Tribunal, not as Judge, but las in some sense the
representative OF Great Britain" one of the par
knowledge OF a fact OF which otherwise 1t would
have been better to take public notice. The
eral Cushing, Mr.. Evarts and Mr.. Waite over their
ngnatures and under the responsibility OF counsel
without the shadow Of Foundation He saws
that 'their imaginatiOns must have been lively
While their = cSn cons! slept" He finds
series of propositions and 1.-THE most singular
confusion OF ideas, Misrepresentation OF facts and
perhaps ever crowded into the same spacen He
calls the part OF their argument on which he was
ny such an attempt to practise on our supposed
credulity or Ignorance" and says that he '1s at
loss to how counsel mar with
statements OF this Sort" / need not assume
IN the United States to vindicate the accuracy
ngs which have the guarantee OF the names
Of our distinguished counsel. The charges are
sanctioned by the Chief Justice Alone I have no
weud have been indignantly repudiated by each
sn1 al OF ns plea nad the paper IN which
tents been made known at the time when the Tri-
bunal ordered it to be recorded. This voiuminous
suthor presented it in bulk without any statement
respecting Its character. No one had any reason
ic until several days after the dissolution OF the
Tribunal and the separation OF its men,
Of the charges OF unirIendliness which were made
In the American case against members OF Lord
Palmerston's Cabinet, .The world must Judge be-
tween the accusers and the accused.n The British
arbitrator also charges that the Of the United
States 'pours forth the pent-up venom Of national
..ireely bestows," and complains Of the "hostile
and insulting tone thus extensively and unneces-
sarily adopted toward Great Britain, her states
men and her institutions" These charges appear
to be founded upon the proof OF the desire OF
various members ofthe British government for the
the mouths OF the speakers and presented for
the consideration OF the Tribunal. and upon
legitimate application which was made OF that
preof in the issue respecting "due diligence"
which was pending before the Tribunal at Geneva.
the case. al any were needed could Be drawn
from Sir alexander Coukburn,s paper. There
not the Of
but may be taken to be the exponent Of the senti-
ments generally entertained at that time" And
he adds, Though partiaty does not necessarily
and in case Of doubt would turn MT the SCALE S
s Mn s" taat man o. s sn roouss
sense OF the Chief Justice should nave reproduced
charged individual members Of Lord Paimerston's
Cabinet with partiaity for the insurgents s true.
Equally true i It that supported the charge by
their right to entertain such partiaity, or to
press 1t in any manner that suited them. Inever
bunal created to try other issues. confined my
self strictly to the issues before that body.
members Of the government would be apt to lead
TO want OF diligence, and. in Of doubt, would
turn the scale-a line OF argument which is adj
mitted TO be just II argued that these acts OF in
dividual members OF the British government were
inconsistent with the .due diligence required by
30 MI. Adams must be the inevitable result OF an
arbitration, Have the British government acted
a and o. s V the ut SoS
ne said the liability of England was to be deter.
9rssa n in say tine
which Lord westbury had defended in advance in
language. find no fault that Sir Alexander Cock
burn does not agree with me and with most OF the
dence which was presented respecting these points
That IL subject on which persons NAV honestly
surprise that a lawyer OF his deservedly great repn.
tation should have made sucn disagreement The
cause OF totally unlounded allegations against the
case Of the United States and its author.
This gives the Secretary OF State an opportunity
OF expressing himself in the most unreserved man.
mer, and the following are his comments:-
/ find, on reference to the protocol, No. 80, &C.
companying your report, and containing record
on the 14t6 Of september. that after the Signature
OF the decision and award OF the Tribunal by the
1our asserting arbitrators aud after the same had
Oeen delivered TO the agents OF the the two gov
ernnents, Sir Alexander Cockburn the arbitrator
named on the part OF Great Britain, having de-
Clined to assent to that decision. made a
statement Of his own which the Tribunal
ordered to be recorded an annex TO the
protocol II does not appear by the protocol that
the document which was thus ordered to be an
nexed was read at the time. Indeed, your report
on the subject shows that that paper was pre-
scented at the last moment OF the final sitting OF the
Tribunal and that the contents thereof were not
made known to the other members OF the Tribunal
cannot donbt that II you had had the opportunity
10 become acquainted with the contents OF this ex
soS de9 you would have ave e It
ton and filing OF a paper which would
probably ,ny not not have been ofncally received
Afforded 10 invite their attention to some OF ts re-
hectioEs on this government, Its agent and courl-
ment upon the tone and character of this very re-.
marka6le Paper, profcssedy submitted to one OF
me nigaess tne world has witnessed sit
tant questions ever submitted TO peaccfn decs,en
Bun ID this papU-Whch 10 orncially published IN