Year: 1872

| Ju08mont OF the OOurt ON tho SAalms


for Indirect Losses.


The HERAID special cable despatch from


Geneva published this morning darts ray Of


light through the darkness that has hitherto


enveloped the Court of Arbitration, and gives


promise of clearer atmosphere and brighter


prospect In the future While Lord Granville


and Secretary Fish have been exhausting their


wonderful diplomacy in earnest and commend


able efforts to settle the latest misunderstand-


ing that has arisen between our gov


ernment and that of Her Majesty the
Queen of Great Britain and Ireland
and Defender of the Faith. the practical gen.
tlemen who are sitting in the black, white red,


Hotel de Vile in Geneva are reported to have
cut the Gordian knot into which the Alabama
arbitration has been tied, and to have thus,


like Alexander found short way out of the
difficulty. If the rumor be well founded the
question of the admissibility of claims for indi-
rect losses has actually been decided by the
Geneva tribunal and decided adversely to the
United States. At the meeting of the Court on
Wednesday last, it is said, the arbi-
traitors considered the important preliminary
point officially presented to them as to their
power and authority under the Treaty OF
Washington to entertain the claims for in
direct damages made on the part of America,
and arrived unanimously at the conclusion
that such claims could not be pressed by the


United States as the grounds of money COM
pensation before the tribunal. This decision
I is to be announced on the reassembling of the
Court on Wednesday next, the 26th inst, at


which time the genial President, Count Sclopis,


WILL in the space Of few seconds, destroy all
the complicated machinery of the supple
mental article, clear away the confusing litter
of diplomatic controversy, throw out of the
window of the court room into the pleasant
little garden in front of the Hotel de Vile
the eight months adjournment demand of
the stately Tenterden, and leave the road free
from all distractions for the final arguments
Of the two governments on the remaining
points in dispute between them. The state
ment Of our special correspondent is strength
ened by the semi-oficial report from Wash
ington, which credits the rumor Of the judg-
ment Of the Court, and declares that it will be
accepted and obeyed by our government.


Several weeks ago the HERALD advanced the
opinion that the only practical and sensible
mode Of settling the vexed question Of the in
direct claims was by referring to the Court of
Arbitration the preliminary point Of their ad-
missibility. We argued that this course was
not only the one dictated by common sense
but would be honorable alike to both the Eng
lsh and American governments The claims
for indirect losses, having been made in our
case in clear conformity with our rights under
the treaty, could not have been withdrawn by
us at the dictation of England with honor and |
self-respect, and the weakness of our govern
ment lay in the slightest deviation from that |
position. At the same time the people Of the
United States did not desire money compen-
sation from England for the losses sustained by
the nation growing out of the acts Of
the Anglo-rebel privateers. They were quite
willing to set off any amount they might have
been justly entitled to against the handsome
apology Of the Queen Of Great Britain for the
escape of those vessels from British ports. AS
England thought proper to object to the intro
duction of indirect claims into our case, and
rs a difference of opinion arose between the two
governments as to the authority of the Geneva |
Court to consider and decide upon such
claims, it was plainly the province of the arbi-
traitors to give judgment upon that preliminary
ISSUE the second article of the treaty making
it their duty to 'impartially and carefully ex-
anime and decide oil questions that shall be
laid before them on the part of the govern
ments of the United States and Her Britannia |
Majesty respectively" But England inter-
posed an objection to the entertainment by
the Court of the subject Of indirect
claims in any form or under any
circumstances, reserving ''all Her Maj
estys rights to withdraw from the
arbitration in case they should be retained at
all in the American case. This policy was
doubtless pursued by the English government
in the apprehension that the judgment Of the
Court might possibly have been favorable to
the presentation of this class of claims, in
which event, having submitted the question to
the decision Of the Court, they would have
been precluded from resisting its verdict. 1t


now happens that the judgment of the Court
has actually been rendered on this issue pre-
cisely as the HERALD maintained that it ought
to be, and that it has been given against our
selves and in favor of Great Britain. This
result has been reached without the direct act,
consent or connivance of the English govern
ment or their agent at Geneva, and hence
we may conclude that it will be accepted
by England and that the arbitration will pro-
ceed without further interruption. In other
words, England having been insured against
the danger of being cast in heavy damages for
the indirect losses entailed upon us as a
nation, through the acts of the pintical ves-
sells built equipped and protected in her ports