New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-09
THE CLAIMS PREPOSTEROCS.
SENATOR MORGAN DENoUNCEs GREsH-
ANS BEHRING SEA BARGAIN

,,,>,e-p ALTON RESPONSIBLE FOR
DESTRUCTION OF THE SEALS
inv TELEGRAPH TO THE rRrBUNE1
u-os,;rc.on March S.-Chairman Morgan or
A., co,a Committee on Foreign Relations,
n.as . member Of the Behring Sea Tribunal or
Arh;,ration and there is no man living VINO
,ossasses more thorough and accurate knowi-
doo of the matters discussed or the conclusions
"a awards of the Tribunal than he does IL is
~. M means singular that he should denounCe
~, claims OF alleged British subjects on &C
count Of damages as "preposterous In we" OF
tho facts which have already been disclosed In
the debate in the House Of Representatives. az
we'll as in these dispatches. But 1t is exceeding
" significant. to say the least, that senator
Morgan. a Democrat should in effect declare
that this Administra ton anu not the fariS
Tribunal. is responsible for the slaughter of the
seals by poachers during the last two years
Senator Morgan's statement. which is mere
with reproduccd strongly suggests either that
Tho Cleveland Administration was hoodwlhkeu
b1, tho CONSERVATIVES of Great Britain "hoSe
construction of the decision of the Tribunal "
Arbitration was accepted by 1t, or 'ha' IL
willing to sacrifice whatever advance" 49,.
I njted States might have gained u''',,
decision for the sake Of casting oiscie"'' 49,
the Administration which agreed 10 SUNNI
matters in controversy to such tribunal IT,"
s,a,on,en, Of senator Morgans views is as FOL
lows:
mistaken TeN Hrb of S MAS signed Feb
ruary % 1897 and the modus, aNen na Tbpy were
raiiSed nv the Senate as parts OF the same treaty
and were proclaimed by The Presdent on we Tsh
rnsrv iSs2 says that the high contracting parties
having found themselves unable 10 agree " Se ab
iy OF each for the injuries alleged 70 nav pee"
sustained by the other or ny s or msds by it, and
being solcitous that this subordinate question question
ana Determination Of the main question. do agree
tina, either may submit 10 the aroitrators any que
4dins thereon question Of the liability hs ,S of
either government upon the facts i9T1o 70 % % ,he
treaty Of April 1872. STIMULATES that II the her result
q the to take be seats G IN Rehrns Sea- Within
the bounds claimed by the United States then CON-
arbitration upon the basis OF such resulated ana
might have been taken without an undue dminu;ion
Of the seal herd II the result OF Wss
be made by Great Britain to the United states
me amount awarded. if any, was to be promptly
It was not questioned and could not be disputed
hs hs To times thedso
Article Viii Of the treaty Of February iss2 only
the matters heTen Of 6fbsT 10 na
isf ent 'o os hs facts e
further negotiation" In execution Of this article
state Of facts which the Tribunal found to be true
and entered It of record. That statement OF facts
mat we're en seized by the tinted States Tb
nn had no me an aS o he
having made such seizures That mater was r S,
nited States has not agreed 10 arbrate any such
claim or demand. and have never admitted any
claim or demand They have only agreed to ne
~ lahil
/ am only insisting that The negotiation shall
Of the United States and that II shall not be
a Commission that will settle the question without
n Jgass eae an G ns
before The Tribunal to show that upon the widest
decree upon the facts could award Great Britain
any damages for alleged wrongs committed by the
nor any effort made to answer II stands TO-
DAY as it a1sW wnon 70 thu ee fase o
that the United States were bound by the award
tv law, Justice or equity. pay any part OF tho
demand.
Mr. Morgan then gave in detail the names OF
the vessels and the claims made on their behalf.
which was the statement he desired to include
IN the record, but which was shut out by Mr..
Turpie's objection. The claims showed that the
amount claimed by Great Britain with interest
was S54o 1859 26 the amount proposed 10 be al
lowed BY Secretary Gresham was S425OOo Mr..
Morgan said that the schedule Of claims Tor
each vessel contained an Item designated van.
o1slv as probable catch" balance OF catch.
estimated balance Of catch" etc. etc. These
clearly prospective profits or speculative
damages. and were all based on future or con-
tingent occurrences, forming no basis OF fact on
which an equitable finding as 10 amount OF dam
ages could be predicated. They should not be
allowed Similar claims were presented by the
United States 10 the arbitrators Of the Alabama
claims In 1872 at Geneva and in their decision
they say: And whereas prospective earnings
eation. inasmuch as they depend In their nature
upon future and uncertain contingencies the
Tribunal is unanimously Of TIE opinion that there
Is no ground for awarding 10 the United States
any sum by way Of indemnity under this head.
Mr.. Morgan estimated that the excess pro-
posed 70 be allowed by Secretary Gresham was
fully $4,000. He added:
The above figures and comparisons are based en-
Guided in the schedule OF claims submitted by SIR
Il appears however from the tinted States coun-
ter-case submitted 10 the Behring Sea Tribunal %
Arbitration at Paris. that ten vessels were in fact
owned by citizens OF the United States.
He figured UP the general result as follows
Total amount claimed by Great Britain s542,-
100 AZ; total amount of claims Of United States
citizens presented. s359s53 49, balance resulting
being amount claimed by British owners, sls2-
3l5 g. But Of this amount claimed by British
subjects speculative damages are included 10 the
amount Of sl11,391. thus leaving the amount
claimed by British subjects, less speculative dam
ages so. 924 SO. The total amount Of claims Of
British subjects which, Mr.. Morgan contends
could possibly be recovered amounts IN all 70 SO
s24 But this sum. which is $iil.2ii less than
the British claim presented and s55i.Ol5 less than
the amount the Secretary Of State proposes 10
give In settlement. is undoubtedly excessive. OF
that amount s34,636 is for personal claims and
In all probability some OF these claimants are
citizens OF the United States or some other coun-
try. which fact could be established by invesiga
ton. Deductng the personal claims from 800
s24 there Is left. as Mr.. Morgan says s3S.2ss OF
this sum sl6, $50 appears the claim OF the Hen
rietta Qess speculative damages) The Henrietta
seized I'm Behring Sea In September, 1892,
under the provisions Of the mOdus vivendi, and
therefore no claim Is allowable. But even " al
lOwable II shows its padded" character from the