The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1873-03-27
An English view Of an Americans g
Smartness.
From the Saturday Review.


The AlaJan,v question, now happily con-
verted into a domestic controversy in the
United States, has assumed form which is
both amusing and instructive. 1t might
have been supposed that the distribution
among the claimants Of the damages award
ed at Geneva was an easy and simple trans
action. The American counsel and agents
succeeded in satisfying the Arbitrators by
evidence that the claims, including interest,
amounted to about $3.50, ,00Ol; and their
statements must have approximately shown
the separate items due to every claimant
which collectively constituted the total sum.
BY the provisions of the Treaty Of Washing.
ton, the Arbitrators might, if they had
thought fit, have left tho amount to be de-
termined by q Board of Assessors, which
would in that case have been appointed to
ascertain and determine what claims arc
valid, and whatamounts shall be paid by
Great Britain to the United States on ac
count of the liability arising from failure
(in fulflment of duty) as to each vessel" :"
The Arbitrators chose the Alternative of
awarding sum in gross, which was evident
" intended both by the farmers Of the
Treaty and by the Tribunal to correspond
with the amount of valid claims. The SEN
ate of the United States has accordingly
passed Bill appointing Commission for
distributing the amount to be paid under
the Geneva Award but it has been made to
appear to the leaders Of the majority in the
House of Representatives that the agents Of
the United States had not during the litiga-
ton exhausted the Possibilities Of sharp prac-
tice and litigious perversity. General Bot.
ler, as the organ of the Judiciary Committee,
has reported to the House a Bill which prac-
tically afirms that the English Government
was cheated that the sGsasva sAvbitrators
we're tricked, and that the persons who had
suffered injuries from the inculpated cruisers
ought now to be deprived Of the fruits of a
fraud to which they may perhaps have bcen
parties. The object of the Bill is to secure
for the Treasury of the United States por-
tion of the damages which were, in accord
auce with the contention Of the American
counsel, awarded for injuries inflicted on
private American citizens 1t must be ad-
mitted that General Butler is probably not
influenced by patriotic cupidity in his at
tempt to secure for the Treasury portion of
the spoil The amount awarded was, as he
perhaps correctly argues larger than the to-
tai sum proved to be due for Direct Claims,
and therefore he contends that the surplus
was after all granted by the Arbitrators in
satisfaction of the Indirect Claims which
they had never taken into consideration, and
which had been formerly withdrawn by the
American counsel before the commencement
of the inquiry. That the damages demand
ed for losses by American citizens were con-
siderably larger than the sum awarded is a
consideration which was not likely to weigh
with General Butler. He probably thinks
that deliberate and successful attempt to
delude an international Court of Arbitration
rebounds to the credit of any lawyer by whom
it may have been practised. That trustee
should obtain damages and then refuse to
pay them over to the person bene6cially en-
titled on the ground that they are exorbitant
in amount, and that they were obtained by
Misrepresentation, is proceeding which
General BUTLER could not fall to appreciate
and approve. 1t is we'll that the English
nation annd Government are wholly uncon-
cerned with the latest aftergrowth of Ameri-
can smartness. 1t would be interesting to
learn Mr.. Adams opinion on proposal
which implies that he and his colleagues
were either parties to or victims Of fraud