Year: 1872

THE TREATY IN


TIE PRESENTATION OF CLAIMS FOR INDIRECT


DAMAGES DOES NOT STRENGTHEN TIE Ap-


uINIsTRATION-NO EXPECTATION OF IHEu"


RFCOGNITION-THIs COUNTRY WILL HAVE


TO sHUFFLE OUT OF ITS FALSE POSTUM.


fPROM A SPECIAL CORRESPONDENT OF Tue IkIBtNh"l


WASHINGTON, Feb. IA great many friends
Of the Administration believed week ago that the new
dispute with Great Britain over the Alabama CLAIMS
would revive the declining popularity OF President
Grant The discussion started in London for political
purposes might be used FOR political effect on TINS SIDE OF
the ocean and when the President declared that he
would consent to modification Of the American case
II was supposed that the people would rally enthusl
sstcay to his support and in new patriotic excite
uent multitude Of old differences would he forgotten
This hope has not been justified by the event. The
Administration has been injured rather than REINFORCED
by the Alabama difficulty and whatever may be thought
Of the merits Of claim. there can hardly De two
intelligent opinions about the manner in which 1t has
been presented The question OF indirect danagesHhas
been the essence Of dispute with England for years.
and the very first point propOunded in the confer
ebces OF the Joint High Commission in Washington
which led TO the adoption Of the Treaty How are we to
account for the extraordinary that this vital disa
eement is sti left open. so that the Treaty which was
supposed have settled everything has really settled
nothing at all IN the absence of definite state
uent from our Government think we are bound to as
,ume that the English Ministry Is sincere in declaring





damages 10 be embraced in the questions referred by the
treaty 10 the tribunal Of arbitration. am assured in
deed by member OF the Senate Committee on Foreign
Aaars that the British Commissioners certainly went
home with the belief that those claims had peen eA
tluded They were claims which Great Britain had
LlEus refused to submit to arbitration, just
H We refused our side 10 submit Claims
for the Confederate cotton loan or the Fenan
rsds And II they were TO DC considered, they ought
ertanly TO have been distinctly recognized either IN
the protocols the text Of the Treaty But the most
you can say" added the Senator whom have already
quoted ais that the Treaty does not expressly rule them
out" The Importance of distinct understanding on
this point is all the greater in view OF the weknown
rule of law that damages can be awarded only for the
natural and proximate consequences OF an acta rule
which Mr. Sumner had in mind when he made his famous
speech in 1869 for instead Of demanding consequential
damages he claimed that all the injuries inflicted upon
us by the actions and omissions of Great Britain during
our war were direct losses TO individuals Others to
the nation but all of them the natural and proxiinate
consequences Of wrongful actions


The case presented by counsel at Geneva has not
only overlooked this distinction but has pressed claims
for remote and tnferential losses which not the
most sanguine American could hope TO see recognized
II asks the British Government not only TO pay for our
lost commerce and high rates OF marine Insurance.
but to bear all expenses OF the after the battle
Of Gettysburg The excuse for making such enormous
demands probably that the arbratOrs may be reader
10 award our legal dues when they have heard the
whole list OF grievances in which the legal demand fig
nres as a single item But, any one might have fore
seen, the result has been 10 prevent any arbitration
whatever No British Ministry deliberately referring
claims Of such character 10 Court Of Ar
btrauon could hold power for a week The
action Of Mr.. GladstOne's Government which has
raised such OutcTy political necessity brought
on by the conspicuous want OF tact In the management
Of have already written you that the United
stses never expected the claims for indirect damages to
be recognized. Members of the Administration are
quite frank in acknowledging this and many friends OF
Gen. Grant are now convinced that we have made
grave mistake. :" never believed in highfalutin'
claims" said Senator who enjoys intimate relations
with the President; think ought TO have asked no
more than had reasonable hope OF getting and then
we ought TO have stuck to our demand"


What is to be done nowl The answer to Lord Gran
Nes note will probably be repetition OF the Ameri-
can assumption that claims for consequential damages
not being expressly excluded by the Treaty. are proper
% the ~ TO pass upon ana sne of aTb
Gston" says one of the Justices Of The o. s. supreme
eide an Is general rule that tne tne on rs
GeuOnI The obvious course In this dispute is LOT tne
ne the presentation Of claims indirect damages and


eh 70 proceed with the arbitration IL either party De
Dc subject for negotiation after the award" An effort
snn,.. Sm no IL, doubt be made to follow TINS hs
tss,%PeT Of the British public, rather than the
disposition Of the British Ministry. In any way seems


ee ioregone conclusion that our case VIII not De
Sustained 81 believe" said Senator that there Will
% good deal OF diplomatic correspondence, and finay
We United States Government will manage TO shufe
out Of its position, and the arbrators will go to work


very few anticipate the reputation OF the Treaty but


evident that arbitration II we have II at all is to be
mat Mr. Gladstone long ago promised the House of
commons should be"a real an honest an energetic
the resources OF argument OF knowledge, and of legal
All would be used for the purpose Of establishing the
Sgeht conduct OF England, and her fulDllment OF her
mNrnatlonal daty." J. &C. II.


THE SALE OF ARMS TO FRANCE.