Untitled

Southland Times, Issue 1564, 16 April 1872, Page 3

New Youk, Feb. 27. The New York Tribune publishes an abstract of the statement of the British case in the matter of the Alabama claims, submitted to the G-eneva Arbitration Commission. Her Majesty's Government complains that it has had to reply to an argument that has not been presented. "When that shall have been presented, and the claims of the United States shall be defined precisely, Her Majesty's Govern ment will exercise the right conferred on it by Article 4 of the Treaty of Washington, and submit it to the Tribunal, with such additional and more extended facts as the case may exact. Until a comparison of the cases presented by both parties shall determine the points really in dispute between the two Governments, Her Majesty's Government will refrain from a discussion on what it intends to do. To sustain its own position it will limit itself at present to submitting to the judgment of the Tribunal the following considerations : — The ships, whatever may be the circumstances, were procured in British ports for war purposes, and were employed aa belligerent cruisers against the United States, while Great Britain herself remained neutral. These events bave been a cause of displeasure to the Government of Her Britannic Majesty. This regret exists, despite the following facts, which, it must be conceded, are im portant in order to arrive at a just appreciation of the question : — The vessels were procured by cunning and clandestine means, baffling the vigilance of the Government officers. Not one of them had left with an armament ; some had been constructed as ordinary merchant vessels, having nothing that would adapt them specially for war ; and their number was very small. Finally, the persons who obtained possession and control of them, and employed them for belligerent purposes, were themselves American citizens, which the United States Government has always admitted. The United States Government professes to have a right of pecuniary "indemnity for damage which it says resulted from acts of the vessels — that is to say, warlike operations carried on by means of these ships, by persons who had them in their possession. It is evident that the pretensions are of such a nature that Her Majesty's Government, animated as it is with amicable Bentiments towards the United States, could not, in virtue of the respect it owes to its own rights, and to those of neutral .nations generally, consent to admit them, since it believes that they are not fouude i on justice. It devolves on the United States Government to establish the pro-position-it has advanced, to state clearly the international duty or duties on which its claims are based, and to demonstrate the violation of which it complains. The charges against the Sovereign's Government of having evidenced culpable negligence in the exercise of the powers of its sovereignty, is an imputation which should be sustained by strong solid reasons. A nation ought not to be held responsible for a delay or omiasiou which is due simply to accident, and not to want of foresight or reasonable care. Finally, it does not suffice to demonstrate that acts have been committed which the Government should have foreseen. What must be advocated and proved is that the Government failed to exercise the same amount of care as it usually employs in the conduct of its internal affairs, and which it may reasonably be. required to use in matters affecting international interests and duties. If the tribunal decides that Great Britain has incurred any responsibility whatever toward the United States, the question will then arise as to what shall be the just measure and extent of that responsibility. Her Majesty's Government abstains at present from entering into this question, and reserves for a more advanced period of the discussion the observations that it shall determine to submit on this point in the name of Great Britain. If claims of this kind were admitted without reserve, a belligerent could ask to be indemnified by a neutral for results which certainly ought not to be laid to the acts of the latter, but which should be placed to his own incapacity or inactivity. Her Majesty's Government is obliged to point out that in regard to the ships which form the object of the preceding statement, the United States Government or its officers evinced extraordinary tardiness in employing the naval forces at its command ; and that if ordinary activity had been exercised to capture these vessels, the losses of which the United States complain to-day, would have been in great part avoided. Whether the decision is or is not favorable, Great Britain is ready to yield to its .decree. She has only one wish, and that is, to be just. She raises only one pomt — that it be founded on a faithful and equitable interpretation of the rights of man, on principles which she herself and all other Powers will not repent of recognising I and observing, either as neutrals or belligerents, in time to come.