New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-26
SIR JULIAN SURPRISED.
NE HAD NOT EXPECTED TO SEE MH'
CLEVELAND ovERRULED.
STRONG PARTY FEELING. HE lHi-N ,
THE REJECTION OF THE BRITISH hO"'
ron DAMAGES IN BEHRlN| "'

o,fon
,. ., ,so, resnectng the claims In cohne0''o'
nth the Rehring Sea seizures, was rece'eu ~
State DEPARTMENT to-day. An apsua'' " ii,
cahled nv the United Press from Loiuo"
ogo but mary interesting points remain 10 NC Wv
cred. ,,,cb 20
If would appear from Sir Juians u'sp"',
Lord Kimberley on February Is that the a'
maiortv in the House Of Representatives. as"'"''
settlement Of the claim for siZo'vo "as t
r,so as VOL az a grave disappointment 10 n''''
"stronr marty feeling" he continues, wouiu SCI"
70 account for the rejectment OF so J"S' an
slrable an arrangement and. as your I|oi"''p
have noticed from the Enclosures Ill NY ''''p
statements have been made in Congress "h''n a.
entirely misleading both as to the Ia" a"N Wv
facts of the case ..
Sir Julian then reviews some OF these statements
and closes his letter with the declaration that they
were calculated to prejudice the MINDS Oh man!
members of Congress and also to turn puohc op'i
ion against a settlement OF the question "hcn "'
equitable and advantageous to both parties he
regards the action OF Congress as In strange con-
trast with the assurance given him by Mr. Blame
a. tho beginning of the negotiations which led
TO the Behrng Sea arbitration, that his Govern
ment would not wish that private individuals who
had acted in the belief that they were exercising
their lawful right should be the victims OF
grave dispute between two great countries. which
had happily been adjusted
ence IL the dispatch written under date of March
II TO Lord Kimberley in which Sir Julian makes
vigorous rejoinder to the argument OF Senator
Morgan, Of Alabama, against the payment OF the
$1,000 Ills summary Of senator Morgans objec-
tons. which. Sir Julian says the Senator was not
allowed leave TO print in THE Congressionab
Record" a part of his speech, and which were
communicated to the press in the form OF a memo
randun after the adjournment of Congress. covers
the following points
That the United States never agreed to arbi-
trate tho question OF their liability for damages,
consenting only to negotiate respecting them; that
the tota. amount claimed by Great Britain was
lGo that the Items for loss of profits should not
be allowed; that the proposed to be allowed
by the Secretary OF State was fully $4,000; that
ten OF the ships seized owned by citizens of
the United states, and that the amount Gained by
British subjects, less speculative damages. only
S7H9H; that even this amount was excessive mas
much as the personal claims should be deducted
leaving only $3.50 and that $1,000 of this Is not
allowable charge for the seizure OF the Hen
rietta. which occurred under the modus vivendi"
Replying to Senator Morgans first contention
that the United States never agreed to arbltrate
the question OF their liability for damages etc
Sir Julian observes that mo admission of liability
became necessary from the moment that the Paris
tribunal by its award had rejected the legal pre-
tensions OF thG United states to special property
I'M hat deGIsion at once proclaimed the iegay Of
to- satisv tho Claims Ty Sf me Chtsd states
diplomatic negotaton for the adjustment, OF the
award"
Sir Julian TO show that Senator Morgan
was mistaken In fixing the total amount of the
caiins at s5i2i6 1t was he says. upward OF
compensation for loss Of profit OF the fishery sea,
son. and guotes frSm the judsmsnt Of the Tribunal
10 me erect that no compensation can be AWARDED
depend upon future and uncertain contingencies"
But Senator Morgan omits to mention hat the
ton in awarding a cross sum by way of in
demnity. The Tribunal allowed large item in
damages contained in protocol No 20 OF the
Geneva conferences IN which the decision 70 award
I'm all similar cases losses OF profits are properly
Claimed. Tor although they may not be recoVcra-
BILE under that head they form an element of
consideration accoriing to the circumstances of
by way OF indemnity. That was the view on which
the United States Government acted in 1s79. when
Britain on behal' Of twenty-five American fishing
fered with by mob violence At Fortune Bay in
Those claims included damages for loss Of
profits, calculated on the average OF preceding years
Sir Edward Thornton. then Her Majesty repre-
sentative at Washington. objected that these losses
were in me nature Of consequentai or indirect dam
sisted on behalf Of the United States that compen-
9n I II be pd iSr ,no,g lGsses ana n
sum, amounting to two-thirds OF the original
claim. thus allowing large margin for inflated
the lump sum OF 5000 agreed on between the
two governments allows stll larger margin for. II
the proportion OF two-t birds had been adopted
the lump sum Of $4,000 would have been increased
by $1,000 The amount of indemnity originally
claimed was reduced by less than $4,000"
The personal claims TO which Senator Morgan
humiliation losses and sunerings inflicted on in
m9cen persons IN pursuit OF their loss OF industry
ISL AUTHORITIES as prescribed By the modus vlven-
vaucless from deterioration.
BUT Of all the unfounded. objections which have
been urged against the claims, that which seems
TO have made the greatest impression upon the
vessels on behalf OF which the claims are made
were owned by persons whom Senator Morgan
cally Americans. who hired themselves out TO the
British flag 10 rob the Government OF the United
States. and to violate It's laws and dishonor the
These ytapera,ye e6i'hsts sr Julian says are
the British navigation laws that no alcn can hold
any share in registered British vessel under
The owner OF a vessel may mortgage her to an
alien, but he does no thereby part with his prop
erty In the vessel He Only makes her a security
He explains to Lord Kimberley that Senator Nor
ean IS the chairman OF the Senate Committee on
Foreign Relations; that he OF the two
tribunal. and tina; is surprising that his de-
nunciation OF the ARRANGEMENT should have preju-
over he adds the great pressure of business and
the strong party feeling which marked the close Of
the session rendered II impossible to obtain fair
and dspassonate consideration Of the question.
Much as the delay In The final settlement Is TO
be deplored." he concludes. 81 have much con-
fdence in the great qualities OF the American
people to doubt that II Will be ultimately adjusted
on a SOUND and honorable basis"
Buffalo Nov. PA dispatch from Victoria. II. C,
saws that none OF the sealing feet VII 20 into
Behrlng Sea next season The vessels did not pay
expenses last season.
rtIt- cor on TJNE TIL rAVy