New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-06-09

There Is danger 81 acilOn ln toHSItSS "I'H
will not only discredit our country in the eyes
OF the world, but will involve international
consequences of very serious and uniortu-
nate nature. The bill of the majority of the
Judiciary Committee of the House OF Repre-
scntatives for the distribution Of the surplus
Alabama money is now under discussion. 1t
proposes TO repudiate the Judgment of the
Geneva tribunal and set aside the conclusions
by which the United States, in accepting the
decision of the arbitrators, virtually bound
itself TO stand. The case is a very PLAIN one.
in submitting its claims against Great Britain
tls country asked damages first for the
direct losses occasOncd by the deStrnc-
ton Of vessels AID cargoes by the Con
federate cruisers secondly Tor the cost OF
pursuing these cruisers thirdly, for the transfer
of or commerce to foreign flags; fourthly, for
the payment of war risks and filthy, Tor the
prOlongation of the war. The third, fourth,
and fifth classes constituted the indirect
"claims," which after they had nearly caused
the failure of the arbitration, We're finally
ruled out by the unanimous judgment OF the
tribunal. The second class was afterward dis
allowed by the arbitrators. There remained
| then only the claims for direct losses by the
| capture of vessels and cargocs, and these were
| At last reduced by decision that Great
Britain was responsible for the deprcdations
of only three Of them. This result was
reached. it will be remembered, with the
acouiescence of the United States and
| then came the question how much Great Brit
ain ought to pay. II was answered by taking
our itemzed bill, adding something for inter
est, and awarding n lump sum, to be distrib-
uted by us among the parties whose claims 1t
represented. Is it not clear that the United
States Government thus became the recipient
of trust, and was obliged in justice, honor,
and common decency to pay the money to those
and TO those only, to whom the tribunal
awarded it
Yet this is Just what the United States hest
tates to do. 1t first excluded from partcipa-
ton i'm the award every insurance company
which could not show that its whole business
during the war, so far as war risks went, was
nnp1oftable and as there remains con-
siderable surplus after satisfying the claims OF
owners of vessels and cargocs captured by the
Alabama Florida and Shenandoah, the Judi
clary Committee now recommends payment
first TO the sufferers from the depledations OF
cruisers for which the tribunal held Great Brit-
ain not to be responsible f; secondly to those who
| Maid war-premums and then, if there should
he ANYTHING left, to the insurance companies
pro rata. In other words, it is proposed to pay
two classes of claims which the arbitrators
dsallowed Gncuding some of the indirect
claims which England would not even submit
to arbitration) and to give the insurance com
panies whom the tribunal placed upon the
same footing as the private owners, only Il
IL "A
known principle of law that ian insurer who
has paid the owner as for total loss is en-
"titled to be subrOgated to all the rights OF
"tbe assured in respect of the subject matter
| of the insurance" 1t makes no difference
whether he has gained OF lost by his business
in the long run; by the mere act OF paying
the sum named in the policy he acquires all
the right which the owner would have
had to tho property if it had not
been destroyed In his recent speech on
this subject in the House of Representatives the
Hon. Elijah Ward quoted an opposite state
ment of Daniel Websters There is no more
universal maxim of law and justice through
cont the civilized and commercial world than
that an underwater who has paid loss on
"ship or merchandise to the owner is entitled
"to whatever may be received from the
"property. His right accrues by the very act
"of payment And if the property or it's pro-
"ceeds be afterward recovered in whole or in
part, whether the recovery be from the sea,
"from captOrs, or from tho justice Of foreign
Estates, such recovery is for the benefit OF the
underwater" The principle indeed is too
well established to admit of any dispute. 1t
was recognized by the counsel on both sides, in
their arguments at Geneva. Finally-and this
point ought to be cOnclusve-the claims OF
the insurance companies were included in tho