Year: 1870

10 get up ulspute win Great Britain


and, by appeals to the deep fund o


hatred and jealousy of this countr,


which is always in reserve, to call off at


tention from the dangerous collaterh


controversy. The frst'note of the famil


lar air has been struck by Mr.. Benjamin


Butler, whose abilities ought as little Il


be lost sight of as the scandals Of hui


personal and military history; and {


letter informs us of the exact variations


to which we are to be treated. Mr.. But


Ter shows a sound instinct in postponinl


the Alabama claims to new grievance


He has the impudence, indeed, to say
that Great Britain fitted out the shiI
which became the Confederate cruiser


which is an assertion exactly on leve


with the statement that the United States
are sending rifles and cartridges to the
Government of National Defense; the in
uendo in either case being that it was the
Government which did the act referred
to. But this very audacity is probably
intended to cover misgivings as to the
Alabama case, which are becoming com
mon among American lawyers; and the
other complaint which Mr.. Butler urges
is much more promising for his purposes.
The complaint that American fishing
boats are excluded from certain fishing
grounds on the coast of the Dominion oi
Canada has the advantage of raising a
question which is nearly insoluble in
itself, and which is embarrassed beside
by strong feeling on a subject which
possesses the Canadians. The general
rule of public law is that three miles OF
sea are counted as land, and are under
the exclusive jurisdiction Of the State to
which the adjacent shores belong. Blu.
this rule is modified by another, which is
to the effect that bays and estuaries, in
closed by headlands, form part of the
marine territory of the State to which
the headlands belong, even though there
should be water within the bay which is
more than three miles from any coast
1t is under this rule that the United
States claim exclusive jurisdiction over
Delaware Bay and over the embouchure
of the Mississippi. The controversy mot
at all new one) revived by Mr.. Butler
is whether the rule applies to the Bay Of
Fundy between Nova Scotia and
New Brunswick. Independently Of
some minor complications which have
arisen through treaties, the American
case is that the Bay of Fundy, excepting
three miles from the coast, is part Of the
high sea; the Canadian case is that the
whole Bay belongs exclusively to British
jurisdiction. Though it would be easy
to show that in other parts Of the Con-
tinent the Americans have advanced
claims which ought forever to estop them
from making the present pretension, the
question is in itself one which nations
might dispute about forever The Law
of Nations provides rules, but the cor
rect application of rules is matter of
fact, and there is no international tri-
bunal which has jurisdiction over con-
troverted facts. 1t is no doubt true, on
the other hand, that the difference is one
which any Government acting in good
faith and in friendly spirit could easily
settle by an equitable compromise; and,
in fact, during the currency of the reci-
procity treaty with Canada the contro-
versy has virtually been asleep. But
there are very many motives which at
the present moment may lead the Ameri-
can Government to approach the matter
in an unfriendly spirit, and the feeling
of the Canadians, which must be care
fully reckoned with since the consolida-
ton of the Dominion, is too strong to
admit of one of those wholesale but very
far from respectful concessions which
this country is in the habit of making to
the United States.


The abuse of England, to which
American politicians have occasionally
recourse, has been compared to the
:" No Popery" cry in this country. 1t
is very vulgar, very much discredited,
only taken up in the last resort; but it


is seldom without effect. Few English
men who have conDrsed with educated
Americans on the subject have failed to
be earnestly assured that no line of ar
gument and no form of public appeal is
so scrupulously avoided and so utterly
despised by all respectable men. Yet,
true as this may be, the opinions stated
in cold-blood by man of refinement Of
the United States do not always even
represent his own opinions when under
stress of political exigency; nor, indeed,
even could we believe each successive
popular outcry to be hollow and facti-
tious, would it quite follow that it is not
dangerous. For Americans are very
apt to commit in politics the same error
which Englishmen before the Confederate
war often committed in literature. Many
travellers who wrote Of the United States
thought only of their English readers,
and forgot or underestimated the effect
which their idle and superficial cavils
might have in America. 1t is probable
that American politicians and statesmen
greatly underrate the attention now COM
manded in this country by their political
demonstrations No more dangerous
miscalculation could be made. An
American party campaign may be un-
dertaken to enforce particular view on
an international question to which the
leaders attach no special Importance,
and hardly expect any to be attached.
Some diplomatic action may, perhaps,
follow, which is regarded by its authors
as a mere immaterial sacrifice to pass
ing political exigency And then sud
denly American diplomatists may find
themselves confronted by store Of pub
lie indignation which has been gradually
accumulating in this country, for which
they we're totally unprepared, but which
no English Government will dare to
resist.


From the London Times.l


The letter of our American correspon-
dent, which we published yesterday ire
capitulating the points Of letter from
Lowell in the Tribune), points to a new
but not surprising phase Of the Alabama
discussions. The claims have been
heretofore treated simply as a political
matter. The American Government has
held itself TO be wronged by the British
Government, and has demanded com
pensation; but in all the negotiations il
has been plain that the interests Of the
parties really aggrieved-the private suf-
ferers by the cruise of the Alabama
have been subordinated 10 political con
siderations. The American people,
through their public men and the press,
have said frankly that they are not
anxious for a settlement They would
rather keep the question open, not spoil
a good quarrel when they have it, wait
for the day when they shall be able 10
recover not only the sums alleged 70 be
due, but something which shall be a sub
stantial compensation for the national
wrong they profess to have suffered, and
tIo cor-.rr nof .-I.nI rLnI - run.