Year: 1872

made of the indirect losses, without prejudice,
however. 10 the right TO indemmfcation
on their account in the event of no
such settlement being made" Now, IL words con-
Time to mean anything, surely this amounts to a
specific waiver of indirect constructive damages
for an amicable settlement has been made by the
treaty which followed this protocol. 1t is true that
that settlement is not final until the award is made.
Should no award ever he made I can understand
your Government raising again all the old questions
but fail to see any excuse pretext whatever for
raising them in the pending proceedings.


But your case does this in the most direct and
plicit manner. In the summary or general state
ment of the claims which you propose to submit to
the arbitrators, they are classified as follows:


a. The claims for direct losses growing ont Of the de-
e nsona @ in the pursuit
those cruisers g. The loss IN the transfer OF the Amer
ianced payments Of insurance. s. The proongatOn Of
,he war and The addition of large sum to Ihe cost OF
the war and the suppression OF the Rebellion"


Thus every one Of the old claims Is revived. You
have obtained an expression of regret from England
and modification of the rules of Internationally.
expressly agreed by us for the purpose Of bringing
the case of the Alabama within the cognizance of


the tribunal of arbitration and you have given alb
solutelv nothing in return. For in order that there
nav be again no mistake as 10 y0nr meaning, you
have presented detailed statement of the amount
of the national expenditure in the pursuit of the
cruisers and have asked the Arbitrators to estimate
the damages under heads g. 4 and s. for which esti-
mate materials sre furnished. | am told by my
American friends that if this is as l state
II 70 he the ArbitratoS will refuse 10 go into any
claims except those under class1 But can we risk


t7 Would you risk it il you were In our place
Here is reference practically to three persons none
Of whom speak our language, one of whom is known


to be very ardent republican, and is stated to have
expressed strong views upon the case already If
we allow the issues raised by your case 10 90 before
the Arbtrato1s we put it in their power to fine this
country in almost any amount ! do not think that
any Government could consent to this and am very
sure that you would not allow yours to do so.


What is to be done then, in the absence of any as
surance from your Government that the constructive
claims will not be opened before the Tribunals 1t
seems to me that we have only course open, and
that TO take preliminary objection to this part of
the case. We can say. think with a clear con-
science non hGc fiR fgdad reNaus." We never con-
sented TO the reference Of these issues TO the lr-
bunal and there are the Protocol and the Treaty TO
show that we did not If the Court should be
against Us l can see no alternative but our with
drawa from the arbitration which would be, to my
mind the most deplorabe political event Of this un-
toward time Both nations have made great sacTi-


fees of prejudice one side and pride on the other
to reach this point and the great result is now at
hazard, by what cannot help calling the reckless
pleading on Your side.


can understand nv American friends making
light of the whole affair." and smiling at my painful
apxiety One Of them indeed did somewhat COM
fort me- and persuade me that it is only the way of
Nj Cushing. and means nothing at al, by referring
me TO the case and pleGdincs before the Joint Com
mission for settling. the claims of British subjects
under the Oregon Treaty, which like tue present
easel were the work of that gentleman On referring
TO this record certainly found matter at once for
comfort and astonishment Throughout the
eight or nine volumes the claims urged by The
British Government are characterizedas hadulent
and rapacious," and language is used IN hundred
places which might we'll have broken oil neRotia-
tions and brought on war. The late Mr. Edward
Ellce and Sir George Simpson English gentlemen Of
honor are accused of "unfa.tering misrepresenta-
ton" "To them :" il is urged, the Great Monopoly
appears to have stood in the place of truth. OF honor
of country and Of God Our then Government.
my friend argued allowed all this abuse 10 go forth
in its name but quietly accepted the adverse award
without comment Of any kind, and paid heavy sums
awarded by the Commission without a marmur.
Why can't YOU laugh at odd Caleb and go on
as if the case were only lawyers taki Wen. can
only say should as an individual. be inclined 10
take the advice, II the IlIbunai Ol A!plIauoh were
composed of the same materials rs the Oregon Com
mission If the AIbitTatOrs were all judges of your
Supreme Court, and Of your Superior Courts,
should be well content 10 let the whole case so be-
fore them without protest. But even could not
consent TO run such risk before the Geneva
Tribunal and how much less can yOu expect such
course from our Government. representing nation
90 ont of 100 Of whom never beard Of this settlement
Of the Oregon CLAIMS and know iumeasuably less
than do OF your practice and methods OF political
action! -,


can only hope that time the great solver will
help both nations through this most provoking diff
Guilty and that, in the meantime neither SIDE may
be bounded back by anonymous wTiters or reckless
pnhlc men, into the drCary swamp and desert from
which We have so recently escaped Cool temleIs,
and sound. upright judgment, were never more
needed and am all your best citizens VIII JOIN
me in the prayer that they may he forthcoming. /
sn vonTs. faithfully, THOs. HUGHEs


L0ndOa Jan. &c, 1872