THE ALABAMA CLAIMS.

Hawke's Bay Times, Volume 19, Issue 1311, 29 April 1872, Page 2

THE ALABAMA CLAIMS.

The public Las recently boon startled from its propriety by the announcement that there was in the Washington Treaty a clause which laid the British Government open to be mulcted in damages "growing out of acts" committed by the Alabama and such like craft. If this doctrine were to. be admitted, there would be no end of indirect claims brought before the arbitrators. Under these circumstances, it is of importance that the basis upon which they are to act should be clearly defined. The Times remarks that if we waive, for argument's sake> the conclusive reasons already stated for declining to discuss the claim tor consequential damages before the arbitrators ai- all, it would be inadmissible on the ground that it stands condemned by wrellknown maxims of law common to English and American courts, so that Mr. Sumner, who, first started it, was fain to rely on a dictum of Bo man jurists, laying down as the standard of damages, " quantum nihi abest, quantumque lucrari potui." That the claim would be disallowed on this ground, among others, by an impartial board of arbitrators may be taken as certain, but this certainly must not lead us to acquiesce in its remaining on the record. Were such a deviation from the understanding embodied in the protocols to be permitted, it would be necessary for Great Britain, in self-defence, to. introduce a variety of topics wisely excluded by die same understanding, and by no means conducive io an amicable or tasting settlement. Better to rescind the Washington Treaty altogether than to frustrate its object in this manner. It is our earnest hope —nay, more, it is our belief—that so disastrous an issue will.be averted by a simple and frank withdrawal of the demand for indirect losses, and that her Majesty's Govern merit may be enabled to icassure Parliament on an early day of the present session. The Standard contends that the frequent and laborious apologies which are offered by the partisans of the Ministry for the conduct of the Americans in rcgaul to the Alabama claims afford the best evidence of the fact, which now nobody cares to disguise, that the Washington Treaty has been a failure, and that, in respect to the manner in which the British interests have been maintained, there has been a miscarriage of duty as palpable and gross as in any other of the numerous instances of Ministerial mismanagement. The Telegraph holds that nothing is simpler than the course before the Ministry with respect to the indirect claims put forth by the American Government, the alarm about which the Telegraph describes as "strange, unthinking, and somewhat pitiful." When the English case was presented, it was with the express declaration that the Ameiican case was not yet known, and that her Majesty's Government reserved especial power to cope at a future time with that " unavoidable disadvantage.'' The duty incumbent on the Ministry, therefore, is obvious and natural. It is not to take any violent step, by way of protest, or special notice, or otherwise, to absolve itself from responsibility in the indiiect claims. It is simply to fulfil the promise of its original case, and meet in a supplementary document the strange American pretensions. The Daily News, referring to a recent article in which it remarked, "the American Government must be informed that a treaty which pa\es the way for such misunderstanding by the looseness of its language demands instant and minute revision," says :—We are glad to have reason for thinking that this view represents the fixed purpose of her Majesty's Government, who will be backed by the undivided senKments of the country, and by the disinterested approval of every competent foreign statesman and publicist. There is but a single exception, so far as we know, to the unanimity ot the English press on the subject, and that exception, will not survive further reflection and a more accurate appreciation of the facts of the case. The News thinks that the situation in which England finds itself placed makes it pertinent to consider whether the Constitutional tradition or superstition which reserves the treaty-

making power in our political system exclusively to the Sovereign might not. wisely be revised. If the Washington;! Treaty had been submitted. toParliament, or to a Committee of both Houses, beforeratification. Lord Cairn's, criticisms, might have issued, in some modification, of its language. Mr Serjeant Sleigh, in a lecturewhich he Las just delivered on a vacation trip to the United States,, «aid that the little "cloud no bigger than a man'i* hand," which has just naturally awakens the apprehension,, and intensities the fervency of theaspiration of every true patriot, that the- ties of language and of bloods may, not be weakened, but rather strengthened until they become indissoluablebonds of good fellowship which shall endure from generation to generation, " until time shall be no longer." Should? those bonds ever be severed,, no. darker, day than the day of such a calamity had ever yet dawned- upon the world. The sacred interests of freedom, of civilization, of humanity.!, would be sacrificed during the progress of a 4 struggle between England and America,, conducted, as it would, be,, with theaid of all the-hellish refinements of" modern warfare. The direful and disastrous consequences would be feltcenturies hence > while, at the bare recital of the barbarities of a war so,, "foul, silange, and most unnatural," a distant posterity would shudder and' turn pale. 0 ! that he could banish,, at once and for ever,, the idea of the* possibility of such a catastrophe, and behold England and. America, enter into a solemn and enduring compact—- " With hearts resolved and and hands prepared, The blessings they enjoy to guard."' —How great, how powerful, how irresistible, would then be the united, influence of those two peoples, in preserving; the inestimable blessings of " peace on earth, and good will towards, men*" 1 The learned serjeant resumed his seat' amid loud applause. The New York Herald thinks the British press has been, misled by sensational reports regarding the course, which is being taken by the Unifced States Government before the Geneva. Tribunal. It says the claims on either side may be extravagant, hut that the Treaty of Washington is based upon, wise statesmanship and mutual concession. It predicts that the British, counter claims v ill be found to. be of an extravagant nature, and says that, a considerable portion of the damages, demanded by American merchants will come from the Treasury of the United States. The sa.me newspaper describes the vehemence of the British, press as. unseemly. The Ne*v York World pronounces the comments, of the English newspapers on the American claims to bein temperate, and says that if theseclaims be extortion.ite iG should be remembered that they will go before a. tribunal by which justice will not be perverted, and adds that unless the, tribunal of Geneva is distrusted thereis no justifiable reason for the vehemence displayed by British journals. A Cabinet Council "was. held at Washington, on Feb. G, to discuss theobjections made by England to the claims put forward by America for indirect damages caused bv the proceedings of the Alabama It is.stated that a unanimous feeling was expressed to. adhere to the position the United States. Government has. assumed. A. contemporary says:—"lt would seem, pro? liable, from the information received, by cable from the United States, ; that the President's Government will, not consent to withdraw from, the consideration of the Tribunal of Arbitration the claims for indirect damages which have been advanced. It is,, equally probable that no decisix e action. will be taken for- some little time, From the Queen's Speech the American. Government will have learned that a., friendly comtr uniea.tion. has. been transmitted to them, and they will, doubtless, await its arrival before arriving at any:conclusion on the point at issue; Whether the substance of thatdespatclt, has. been telegraphed t.o our at Washington, wich, instructions to> communicate it to the Foreign Secretary, vv c are unable to say,, but thespeeches made by 3VI& Gladstone in the House of Commons on. Feb. 6 and X have already informed, the Goveinment

of the United States of the attitude we have assumed. For all practical purposes, therefore, that Government is now in a position to decide on its course of action- Her Majesty's Government will contend that on the literal construction of the Tieaty of Washington the claims are limited to those for direct losses, and they hope to satisfy the Government of the United States that such is the case. In the event of their failing to do so, it is no less clear that this country would never permit claims to be entertained which, in the event of being allowed, would impose on it an unheard-of fine. That this conclusion be foregone is incontestable, even although it may not be embodied in the i friendly communication' which has been made to the United States. We cannot help expressing our regret that in the discussion of this question by the press of this country such undue prominence has been given to the fixed determination of the English people not to proceed with the arbitration unless the claims for indirect losses were unconditionally withdrawn. The Government and people of the United States may well decline to discuss a question when they are told that in any event Great Britain will insist upon its particular view with respect to the subject matter of dispute." Public opinion in Germany strongly condemns the United States for claiming indemnification for indirect damages.

The price of Adelaide butter in. the Mauritius is Is 6d per lb. In the United States, the duties on tea and coffee have been repealed. A Harvard student defines flirtation to be " attention without intention." Some of the St. Louis papers don't like it because Chicago has won the world'* championship for big fires They ask the suspension of public sentiment until they get ready to »ho** what they can do. A simple recipe, which affords relief in ordinary cases of bronchitis, is to occasionally suck a small piece of saltpetre as you would candy, and swallow the juice. Jf the case be severe, medical advice should be had without delay.