The New York Herald Newspaper, May 3, 1872, Page 4

4 CONSECERNTLIL DAMAGES. gn A Damaged Treaty Maker on Our “Case.” What Losses the Treaty Actu- | ally Covers. and Personal, Not National. Individual Indirect. Losses Were Not in the Re- jected Claros realy. BACKING POWN EON we If the President Pe Should Object. ORABL Congress National Peace and National Honor Endangered. A Bid for the Applause of the Whoie Civilized World. to Reverdy Jo Letter Peters, of Maime. son's The following 1s the text of the letter written by Reverdy Johnson to Representative Peters, of Maine, the mover of the Mouse resolution calling for the withdrawal of the claim for consequential damages in our “case to the Geneva Board of Arbitration under the Treaty of Washington: Barrrore, April 29, 1872, Hon, Jonn A. Perrrs, Washington : DEAK Sin—I have read the resolution offered by you on the 9th inst, in the House of Representa- tives, upon the subject of the unfortunate dilter- ence which now exists between onr government and the government of Great Britain, as to the true meaning and purpose, in one particular, of the Washington Treaty of the Sth of May, 1871, and, | agreeing with you, I proceed, with yonr permission, to state the reasons which have brought me to that conclusion. The subject may be considered under three heat First, What is true the coustruction of the treaty, irrespective of extrinsic circumstances oc- curring before or subsequent to its date. Second, what the effect of such circumstances in showing the purpose of the negotiators and that of the two governments, Third, what course our government shonld adopt if the British government refuses to submit the claim for consequential damages to ar- bitration. First—It seems to me impossible to place any reasonable construction upon the treaty which will make it embrace this claim. The first article states that “ditferences have arisen between the two governments,” growing out of the acts com- mitted by the several vesseis, which have given rise to the claims generally known as the “Alabama Cirims,” und that, with a view to their adjustment, the two governments agree that ail the said claims growing out of acts committed by the aforesaid versels si be re- ferred to the Board of Arbitration. Thi claims are evidently such as originated in THE CAPTURE OF VESSELS BELONGING TO AMERICAN crn: by each of the cruisers referred to. By the expresses same article Great — Britain her’ “regret for the depredations” perpetrated by the cruisers, What is the meaning of the term “depredations,” as hi an only be the losses sustained by 1 United States whose property had been destroyed. Itcannot be | tortured 60 a8 to make It mean i \ \ ANY INDIRECT OR CONSPQUENTIA which the United State . fers exciusively to the sustained by the owners o/ the property capt Ifsuch consequen- tal damages were considered as embraced by the treaty, the regret expressed by Great Britain would not have been limited to the mere depredations | of the cruisers, but would have been extended to the effect ofsuch depredations npon the commerce of the United States and the prolongation of our war, From this limitation, therefore, I think it is plain that the negotiators on the part of Great Britain did not suppose that any claims were intended to be provided for other than individual claims. It ts these alone the occurrence of WHICH GREAT BRITAIN REGRETS. If it had been intimated by ovr commissioners that, in addition, the United States were losers to the extent of hundreds of thousands of milltons of dol- lars, and that they looked to Great Britain for in- cemnity, one of two things must have happened. Hither the British commissioners would have denied any such responsibility and have refased to submit such a question to arbitration, or they would have extended the regret of their government to such sses. And ft would seem also to be clear that if our Commissioners had thonght that the United States had any such claims they WOULD NOT HAVE LEFT IN DOUBT the meaning of the treaty in regard to them, but would have had it stated that they should be re- ferred, and that the depredations which Great Britain should regret were not ouly for individual losses, Dut for consequential and indirect losses c ‘ithe United States, It is inconceivable that toch enormons jesses, if our Commissioners and our government believed they had been sustained, cat Britain was responsible for them) in clear terns made one of To suppose otherwise vernment and the Commis- orance in this regard, suffere which would be aiscourteoux and unjast. ‘The only way to account for this omission is on the hypo- thesis that such claims were NOT ASSERTED BY OUR COMMISSIONERS or designed to form apart of the reference. Further liglt upon the point may be collected from the pro- visions of the seventh artic That this article was designed to embrace every claim re- ferred to in the article admits of no doubt. It addrc itself directly to the Board of Arbitration, and gives them all the authority they possess, What, then, under this ar- ele, 18 the board aw ized to do? They are to examine and decid ther Great Britain has, by any omission, fa any of the duties forth” in the rul sed Lo be'made the test of wh D-DCE DIL NOE to prevent snc! 1 being constructed In or leaving her ports, whon she had reasonable ground to belleve that their purpose to cruise or carry on War against the United States. After having passed upon the case of euch vess:l and ascer- tained whether Great Britain was responsible for | her acta, they are authorized, if they think she is responsible, “TO AWARD A SUM IN GROSS.” This provision evidently means that this sum ta | to cover the entire amount for which they stall adjudge Great Britain to be responsil and aa this amount is made up of the amounts | for which she is respoi e on account of | each vessel, it necessay follows, from | Board of Arbitration to decide | force NEW YORK HERALD, FRIDAY, MAY 4%, 187Z.—TRIPLE SHEKT. gross, though finding that Great Britain fs linbte in case of ail or in aay one or more of the cruisers, the gextent of that liability is to be adjudged the Beard of Assessors to meet in Washington, and, as tn the case of the arbitrators, these assessors are “to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on uccount of the Mabitiey arising from such failure as to each vessel.’ Upon the whole, then, ander this head, it 1s, in my judgment, obvious that the treaty, considered by itself, does notembrace, and was not designed to embrace, clotms for indirect or consequential damages, Second—What information on the — subject is atYorded by the occurrences which pre- ceded and " sueceeded the treaty? A the claims of onr citizens upon Great Britain, aml tiose of her subjects upon the United States had more | than once been previded for by treaty—1. By the treaty of the 10th November, 1794, known as ‘Jay's Treaty; 2. By that of the sth February, 1863; 3. By the convention _ SIGNED BY LORD STANLRY AND MYSELF on November 9, 1868; 4, By the one signed by Lord Clarendon and myself on January 14, 1869. Prior to the treaty of 1794 our mérchants and others had sustained lossea in consequence of captures by the navy of Great Britain, during the ‘War in which she was then engaged with other nations. These captures were mado under the authority of cortain orders in council issued by her during the war. By the seventh sec- tion of the treaty these claims, o8 weil as any clalus which English subjects might have against =the United States, were to be referred to ® board of ‘utors, But thy authority was confined to individual demands, and did net embrace any which the United States might have, or supposed them- selves to have had, for damages, indirect or conse- quenatial, Our then administration, Jefferson bein, ry of State, never su; ted any such mand, and, of course, never asked for indemnity on account of ft. ‘The same remarks are applicable to the treaty of the 8th February, 1853, as well as the preceding one, was LIMUED BITIRELY TO THE ADJUTMENT OF INDIVI- DUAL CLAIMS, the government asking nothing on its own account. The conventions of November, 1868, and January, 1869, are still more pregnant with in- struction, When these conventions were nego- tiated our civil War had terminated, What elfect, if any, the fitting out of the Alabama cruiscrs h upon the United States and thelr general com 1 marine, the enhancement of the premium of in- and the prolongation of the war was WELL KNOWN TO THE THEN ADMINISTRATION istration, and yet, although contomporancously and continuously after the fitting out of the Alabama cruisers, Great Britain was, on cyery proper Occasion, advised by our Minister, Mr. Adams, that the United States would look to her for indemnity for the losses which might be inflicted upon our citi- There was, in his instructions, no authority uke any other demand. On the contr: his nstractions, as did my own, looked exclu. sively to the redress of individual wrongs. Mr. Adams, although urging the — mat- ter with ceaseless vigilance and — with great ability, failed to obtain any agreement to set- tle these controversies by arbitration, Lord Rus- sell, then at the head of the British Foreign OMce, positively refused to enter into any such agree: ment, maintaining that Great Britain had fully complied with all hej neutral — obilmations, Aiter Lord Russell's retir nt from ofice, and the advent of Lord Stanley, now Earl Derby, Mr. Adains renewed his application for arbitration, and, as instructed to do, insisted that, beside the ques- tion of diligence in the observance of her nentral obligations, the proposed arbitration should py upon England's right to have recoguized the Confederate States as belligerents, as was done by the Queen's proclamation of ‘the 13th of May, 1841. This reference Lord Stanley rejected, and all negotiation upon the subject was thought by both governments to be finally terminated, REMINISCENCES, This condition of things existed when I arrived In Englun‘ as the representative of our government, tat, as and, soon afterwards, having satisfactorily settled two other matters which I was instructed first to kettle, I succeeded in obtaining the conven- tion before referred to with Lord Stanley, of November, 1868, under’the general terms of whtch the question of belligerent recognition as well 28 mere neutral duty, was referred to arbitration. This convention not bein; in all respects satisfactory to our then Executive, it did not receive its approval; and, under the authority to renew the matter, I negotiated the convention of the lath of January, 1869. Neither of these conven- tions contained a single word relating to any claim for indirect or consequential damages. The whole object and dcstgn of both was to provide, by meai of arbitration, satisfaction for individual losses; and, although the instructions of Mr, Adams and myself were on file in the Department of State and were from time to time published — and transinitted to Congress by the Presi- dent, no suggestion came from any member of Congresa, in either branch, or from the State De. partment, that the instructions were defective in omitting any reference to consequential damages, first. intimation, as far as I am advised, ited States had any such claim or an; on their own account, was given in aspeech vered by the Hon. Charles Sumner in pate or the United States on the 13th of April, | on the Clarendon and Jolinsou treaty was under consideration, SUMNER’S SPEECH. That speech naturally caused great excttoment in Great Britain, and was sharply criticised, aud the | art of it just referred to was in the leading fournats of that country ridiculed for its alleged legal absurdity. Nor was the opinion of the public and the lawyers of this country less decided, It shared also the same fate on the Coutinent of Eu- rope. and in Engiand. The excitement which it produced in England was the more intense from a belief, founded upon statements of some of our journals, that that part of the speech received the approval of the Senate and mainly produced the rejection of the convention. This tin- pression, | found on my return home, by informa- tion from sources in which I knew confidence might be placed, was not warranted by the fact. ‘The principal, if not the solo, cause of the reJoction was the circumstances attending {ts ne- gotiation. It is far from my purpose to attribute to the Senate in its action any want of purity of mo- to darkeu their judgment upon the question, and to lead them to a result which, upon cooler and more mature deliberation, they probably thought unfortunate. WEY TITE JOHNSON TREATY WAS REJECTED. One of these circumstances is stated in the letter of Mr, Secretary Fish to Mr. Motley of May 15, 1869, Alluding to the rejection of the convention he states at the we by sty unfavorable to its acceptance either the people or the Senate, and that the na- tion had just emerged from ts perlodi- cal choice “of Chief “Magistrate, and having changed the depositary of its confidence and its power, looked with no favor on an attempt depending by n power, without consulting or considering the views of the ruler recently entrusted with their members. It will thus be seen that until Mr. Sumner's speech the idea of indirect or consequential damages had not occurred to any one, It was evidently an afterthought, not sug- gested by any example of our own or by any exam- ple to be found in the diplomatic his- lory of the other nations; and although it “was with apparent seriousness asserted i by Mr. Sumner, 1 do not beiteve that he then thougiit, or now thinks, that such aciaim could be allowed by intelligent arbitrators, He is too good a lawyer to fall into such a delusion. lor, how {8 such a claim to be established by proof? The largest sum demanded is be cause the Alabama cruisers are said to have prolonged the war. The war, in the case presented to the Geneva Commissioners by the agent of the United States, is alleged to have been virtually concluded with the tie of Gettys- burg, on the 4th of July, 1863 On tliat day the case stutes that the on land of the insurrection crushed, Was this so? General Grant receiv commission on the 9th March, 1864. Shortly aft wards, he assnmed command of the Army of the Potomac, and commenced the campaign, which re- sulted in tho surrender of Lee, in April of 1865, In the interval, a series of battles, attended by was the use of the word “depredatious” in the first ar- ticle, that the said amounts are restricted to the | josses occasioned by such depredations, and these | EVIDENTLY ARE INDIVIDUAL LOSSES. | Our government alleges a want of dill- gence on the part of Great Britain in the case of every one of the vessels known as the Alabama cruisers. Its ciaiin for indirect or consequential damages resis upon the assumption that these cruls collectively, and not individually, produced them. These losses are 8 to have | on—first, the cost of pursuing the cruisers ond, the transfer of our conunercial mari to the Britieh fag; third, the increased premium of insurance; fourth, the prolongation of tie war and the cost attending it. No provision is made for ascertaining what was the effect, in tiese particulars, upon the United States — or upon ow citizens generally of th sailing of or captuves by the cruisers in the ager gate, nor of the sailing of and captures by cach Vessel. The arbitrators consequently, having no right to decide upon the resuit * PRODUCED BY THE CRUISERS IN THE AGGREGATE, to the case of each cruiser, had rtaining what, in these resco but being confine no means of @ was the elfect upon the. United States 0! the whole class. Consequently the sum that they are authorized to award, in gross, i4 & sum to be made up of the amounts which they may find to be due to our citizens on account 0} acts or depredations of each cruiser, This being the extent of their anthority, It is al- Inost absurd to suppose that they were to deter- mine What injurious effect, if any, the acts of such vessel may have had upon the general commerce of the United States or THE PROLONGATION OF THR WAR. The resuit is thatthe sum so awarded tn gr the United States would be bound to distr ainong the owners of the several for Whose lo: , through the 13 erniser, the arbilrators shall have found land Hable. 1 y mind it cannot fearful mortality on both sides, particularly on ours, were fought. AS was rendered necessary by the result of some of those conflicts, so seriously dimin- ishing it, our army was largely reinforced. The skill and exhibited by — General lee his ers and soldiers during this a, Were the themes of general admiration, ‘Ljudging men, strongly attached to the Union, were fearful for the alti- this fear originate in the fact were upon the ocean, carrying hot more than twenty | thirty ‘guns, and manned by not more than two or three hundred men, or was it not owing to the great success which the Confederates | kehicved in most of these battles? Aad, on the | other hand, Wore the efforts of Lee and his com- Jnand, mud their hopes of final triumph, founded upon the fact of the exist. ence of the cruisers? It ia — impossible that any reflecting man can give any other than a negative answer vo these daquirtes. ‘The real cause of the continuance of the war, before as well as subsequent to the battle ‘of Gettys- burg, was the almost universal impression in the South that a final triumph awaited them, The did not realize the undying love of the Union entertained by the loyal States, and their determination to preserve it at any cost, however lavish of men or money. The Confederates, on their part, in addition to the universal popu- larity of their struggle, were very materially aided by the frequent violati of the blockade of the: ports, thus supplying them with the mans of carry fg on the war, , THE ALLEGED PROLONGATION OF THE WAR AN 1 TO THE UNITED STATES, The suggestion that the United unable to defeat the rebellion for one h months, the period between the date Of the tile of Gettysburg and Lee's surrender, because there wore ‘y vessels capturing portions of our com- marine, having no power to caj other than unarmed vessels, Is to the United States and in itself ri- ur States proved i ‘a r Wi be re- diculous. The prolongation of the war is to ; | ferred to the indomitable courage and consummate skill of the armies of the Confederates, and of their plausibly 1 that indirect were contemplated, but additional Information ts | afforded by the provisions of the tenth article. The stipulation in that article is that in the contingency tual the arbitrators puall fail io #ward 4 Buin ib resulve tu continue the struggle until all hopes of tive, but there were causes calculated somewhat | ircumstances attending tho negotiation | at the settlement of the great and grave questions | those on the eve of retiring from | confidence, and without communication with the | Senate, to whose approval the treaty would be | constitutionally submitted, or with any of its | Agressive | year and nine | success were lost. But conceding, for the sake of ent, that the war was prolonged in couse- of the existence of the eruisers, how many days was it prolonged? How ts the fact to he proved tat it was prolonged at all? Are the arbitrators to examine, or to be furnished with, the evidence of Confederate oMcers and statesmen? Are they to examine, or to be furnished with the evidence of General Grant or his officers, or any of the civil odicers of the United States? If General Grant or his officers or the members of our then administra- tion were examined would they admit that we had been unable to bring the war to a close sooner than was done, because there were @ few small cruisers on the ocean capturing portions of our marine. To aothis would be serio to dispar: the reputation for military skill and energy which General Grant and his command are su] «l, and properly supposed, ‘to have exhibited. In fact, the idea does gross in- eins to the United States and to their armies, The loss of men by General Grant during this campaign, in killed, wounded and prisoners, Was said to have been 100,000, The battles which produced this re- sult cannot be styled as inoffensive. How, then, can it, with any show of truth, be averred, a8 done in the American cas that after the battle of Getlysburg ti oifensive operations of the insurgents were co! ducted only at sea through the cruisers ? BAD LOGIO OF OUR CASE. The capture of a few vessel3 on that element and their destruction is here considered alone to have been the offensive operations on the part of the Confederates, while that character is denied to battles which inflicted upon the United States a loss of 100,000 men, Can anything be more idle ¢ WHAT WE OUGHT TO DO, Thérd—What course should our government now adopt’ To determine this the following facts are important :— t the British negotiators did not suppose that the claim for indirect damages waa in- cluded in the treaty is, 1 think, evident from its language; but this is at all qnestion- able the doubt will be — removed — by referring to what took place in Parliament when the treaty was first under consideration tn that debate in the House of Lords, On the 12th of Juno, 1871, little more than a month subsequent to its date, it was, in substance, stated by Karl Granville and Ear! De Grey, now Marquis of Ripon, whe had been one of the British Cominissioners, that the treaty did not cover any such claim, The same statcinent was made by Mr, Gladstone and Sir Ss. Northcote in the House of Commons on the 4th of August. Northcote was also one of the Commls- sioners. These two Commissioners had been for months deliberating with their own col- leagues and with the American Commissioners upon all the subjects of difference between the two countries, aud which it was the object of both na- tions to have adjusted by arbitration. It is hardly possible, therefore, that they could not have known what diiferences were designed to be submitted to the arbitrators. The subject of indirect dam- ages appears never to have been alluded to during the meeting of the negotiators, except as appears in the protocol of the sth of March, jnst two mouths prior to the date of the treaty, and the statement there is that no estimate is given of the amount of such damages-—to use the language of the protocol, ause of * the hope of an cablo settlement.” But the direct losses of our citizens were estimated, and the direct loss occasioned the United States by their pursuit of the cruisers, it is stated, could casily be ascertained, THE CONTEMPLATED SETTLEMENT, ne settlement hoped nt by arbitration of such dit- nees a8 night afterwards by agreement be re- ferred to arbitration, If the American Commls- sioners, either before or at the signing of tho treaty, had designed that the claim for conse- quential damages should be included in the sub- mission, Is it conceivable that they would not have furnished an estimate of the amount ? Such an es- timate they declined to give on the 8th of March, in antici) jon of an amicable settlement, and, in declining, stated that the claim was not to be considered as waived in the event that an amicable settlement was not reached, What was the amicable settlement here meant? It was the one provided by te treaty afterwards agreed to, Neither before the signing of the treaty nor since has any such estimate been furnished by the United States. Why has it not been furnished? For the reason assigned for not furnishing it in the protocol of the stn of March— that is to say, because the treaty was the amicable settlement hoped for. ‘That the British Commis- sioners so thought, and that the treaty not only did not provide f the submission of the claim, but that the claim was abandoned, the speeches to which Ihave referred as made in Parlia- ment in June and August demonstrate. These gentlemen possess great intelligence, and are of unquestionable honor, eee knew, therefore, what they were speaking, and if their statements re- uired any support it would be found in the fact that, although the speeches were for- warded to the State Department, at the earliest moment, and were made pubile in the United States, their statements were not con- tradicted by the Secretary of State, or by any other of the American Commissiouers, or by auy member of the Senate. A MEANING SILENCE. This silence on the part of our government can- not be reasonably accounted for, except upon the hypothesis that our Commissioners and our adininistration took the same view of the treaty in this particular as was taken by the British Commissioners and the British Parliament. This continued to be the fact in both countries up to the moment when the American case, as prepared for the Geneva Convention, became known, It is far from my par and certainly far from my Inelina- tion, to charge the State Departwent or the President with having designed in this matter to deceive the British Commissioners and their government. But no one can doubt that, indepen- dent of all question of design, they were in fact deceived, if our construction of the treaty is the true one, They never would have consented to the treaty they had been advised that we should insist upon such a construction. If Great Britain is responsible for this claim she would have saved money if she had become an ally of the Con- federate government aud taken a part in the con- flict. But in truth, as before observed, the claim is, in the opinion, I believe, of every lawyer in the country, without the slightest legal foundation, THE TREATY REPUDIATED BY ALL WIGH AUTHORI- TIES. Z It has been repudiated by all publicists of an- thority here and th Europe, while the reported pur- pose of the administration to adhere to it has se- usly Impaired our character for good faith and intelligence. Under these circumstances what should our government do? Clearly withdraw the claim. No other course can set us right in the judgment of the civilized world. That a blunder Was committed in making it is now admitted by all | men. It has been said that the President cannot take such a step without the prior approval of the Senate, and that to take ft would tarnish the honor of the nation, There fs no weight in either suggestion, If the President had not in- stituted the claim no man in the country would | have censured him, The censure with which he is now visited is because he has permiited the ciaim to be made, and that the treaty, so mit of bonelit to the two nations and so preguant with future advantage to other nations, is in conse- quence to fail, Good sense and honor demand that ancrror be corre The absence of good faith and xhibited by | correcting an error, but by a dogmatic and obstinate | perseverance init. Al will admit that the interest | and prosperity of both nations depend ina great measure upon their having the most triendly rela- tions. That such relations should st 1s, | the ardent wish of the good men of | both countries, In the language of one of England's ablest statesmen, who during our war Was the constant and zealous friend of the United States—Mi to say that the peop States or the people of the United Kingdom are not in favor of peace; and [ assert this—that he is an enemy | of our English race, and, indeed, au enemy | of the human race, ‘who creates any aiMeuity that shall interfere with the permanent | peace and friendship of all the members of our great Qnglsh-speaking family. WAT 18 INVOLVED, Nor isit, Tthink, too much to add that liberty itself | is more or less involved in the existence of such re- lations, That a claim, therefore, from which one believes anything can be realized, and which, in the almost universal opinion of intelligent men, is with- out legal warrant, and even thought to be abso- lutely absurd, should be permitted to ren the treaty abortive, would seein to be tinpossible if the President and his Cabinet are wise and patriotic statesmen. The leading object of the treaty, and that = which ~~ has challenged for it the approval of mankind, is that it substitutes a peaceful and honorable termination of national controversies by arbitration, for the uncertain, in- human, unchristian arbitrament of the sword. As. | Thave before said, the magnanimous and maniy mode of rescuing the faba § from destruction, be- cause of the presentation of the claim, is OPENLY TO RETRACT IT. The President, as a brave soldier, which he un- doubtedly is, will never consent to take advantage of what he niust now know was # misapprehension on the part of the British Commissioners and their government, Tricking and overreaching such a soldier will ever denonace and re- fuse to sanction, That the President has authority to withdraw the demand cannot, 1 | think, be questioned. It was his duty to construe | the treaty with a view to carry it out as far as that | depended on the Executive. It was his duty, con- soquently, to construe it correctly, and if he has not | done so, but pinced an interpretation upon it | which will certainly lead to its nullineation if persisted in, it is as much his duty to withdraw It as it Was his duty not to have asserted it. If the treaty is fuliilled according to its real purport and scope the causes which have kept the two nations more or less apart will be removed and amicable reia- tions restored and permanently mainiained. There is another view entitled, I think, to great consid- | eration. The people of this country, and, as I be- licve, a large portion of the people o! land and | 4 large portion of the people of other governments, think that Great Britain did not, in the matter of the | cruisers, obsemwe her neutral obligations, and that, in consequence, she is responsible for the losses occasioned our citizens. As concerns some of these liwbikty has ever seemed to me to be am satisfied that the Geneva ard THUst § Our government has taken ipon itself the duty Of recovering Unis tndemnity from Great Britain. In so doing they have acted a3 the trustees of the claimants, To imperil this recovery by associating with it demands of their own, which bo reflecting man thinks can be ob- tained, but which may be fatal to the rights of our citizen claimants, i# wot only nota proper perfor: mance of the trust, but a gross violation of it, | rounded, that the Government wil! abandon the claim, or arrange It in some manner satisfactory to Great Britain and consistent with our kunor. i shall'do this its conduet will be as much approved by the country, a5 was the negotiation of the Treaty itself. We know that the ‘'reaty received general approval, and THE SOLICITUDE NOW ENTERTAINED arises from the apprevension that the claim, if not relinquished, will render it abortive, This solicitude, which is felt in England as well as here, had from the first, and continues to have, an injurious influ- ence upen the public stocks of both govern- ments and upon commercial transactions in general. ‘The sooner, therefore, a friendiy understanding {a reached and the relations between the two govern- ments are placed beyond peril, the sooner will our credit abroad reinstated and our com- merce be restored to ® more _ prosper- ous condition than ever. A word more, and I will cease to trouble yon. Should the administration persevere in asserting the clit, I think that Congress sould express its opinion upon the subject, That they have a right to do so, I think, is obvious. Exclusively invested with the war power, whenever they shall see that THE CONDUCT OF THE BXKCUTIVE is likely to biing us into controversics with other nations which, unless peacoiully adjusted, may pos- sibly result in'war, it is their duty, if they disap- prove of buch conduct to announce thelr disap- roval. If this be not the case the resident may at any time, in spite of Congress, and ‘against their judgment, lead the nation into war, and dishonor us in the opinion of the world, and thus render in a serves measure pa- gatory the provision in the constitution which gives: to Coigress alone the power to declare war. Lwas glad, therefore, that zor brought the subject of the present diMiculty to the attention of Congress, and slucercly hope that unless it be removed by the Executive, without the expression of any opinion by Congress, that your resolution may receive the sinction of both houses, 1 remain, with regard, your obedient servant, ' REVERDY JOHNSON. METRODIST GENERAL CONFERENCE. pant Ai a Second Day’s fession—A Freo Fight Over As- sistant Secretaries—Conference Boundaries— The Standing Committees—A Compliment for the Buncombe Speech Makera, The Conference assembled yesterday, at nine A.M. Rev. Dr. Jacoby, Superintendent of the Methodist Missions in Germany, conducted the rell- gious exercises. After roll call the minutes of yes terday's proceedings were read, amended and ap- proved. Bishop Simpson presided, A motion to elect four assistant secretaries brought at least one-third of the Conference mem- bers to their feet. to nominate the other two-thirds, Dr. Curry warmly advocated the election of his as- soclate delegate, Rev. Dr. Woodrutf. The latter, however, peremptorily declined. Several other nominees did the same. ‘There wes 80 much confu- sion on the floor that Dr. White, of Black River Conference, asked whether it was in order or not for every miember of the Conference to speak at once. Lishop Stursox—I consider this A FREF FIGHT ON THR FLOOR, and not as regular nominations, considering that the Conference is about to ballot for secretaries. Dr. Eppy, of Baltimore, at the request of his modest friend, Dr. Foster, humorously nominated every member of the Conference. Dr. wished members to understand that Dr. Hprner’s name is Joseph. This announcement created considerable merriment and led others to take this means of nominating their favorites, Messrs. Smart, McMurray, Ives, Holmes, Hughey and G. Haven were appointed tellers. Dr. E. G. ANDREWS moved the appointment of a committee of five on the introduction of fraternal delegates. Agreed to. Bishop Srarson announced that, in accordance with a resolution adopted by the last General Con- ference in regard to boundaries, the Bishops were ready to report. The report was thereupon asked for, and was accordingly read by the Secretary, as follows:— TO THE GENFRAT. CONFERENCE:*. Drak BreTsneN—The last General Conference adopted the following resoiution:— Resoived, That the Bishops be requested to consider and report to the next General Conference whether it be lnw- ful and practicable to deiermine the boundaries of the An nual Conferences without the deiails being di the floor of the Genera! Conference, and, It plan of action. ‘The authority of the General Conference in the preinises is paramount, and it has often been (ele- cd to the Annual Conferences and bisfitigs, 4 iy whom it has frequently been exercised. We suggest that when the delegates of the Annual Conierence apply to the General Conference for ja division of their territory iato one or more con- ferences the General’ Conferences, may grant guthority to make such division and to DA#TERMINE THE BOUNDARIES with the approval of the Bishop who presided at their last session, If parties interested shill give notice on the floor of the General Conference which will atfect the boundaries of other Conferences the delegates of the Conferences whose boundaries will be thus affected shall appoint one minister and one laymen each, to constitute a committee to consider and decide upon such division, and if their decision shall be unanimous and not objected to by a majority of any of the delegations interested it shall be final. If otherwise the General Conference shall appoint a committee of five or seven as winpire, whose decision shall be flval ‘This arrangement gives the decision of the ques- tion to parties who are directly interested in the case, and who are acquainted with the facts, By adoption of such a plan it is probable that more satisfactory results would be reached than by the nicthod heretofore pursued. By direction of the Bishops. E. R. AM! A motion was made to refer the Bishops’ paper to a special committee of Gye, but this was amended | by a motion to act on it now. Amendment laid on the table, Dr, Siicsr, of Baltimore, remarked that no more mischievons question than this will come before the Conferen and he hopet they would handie it ver, ly. He favored large committees who enoaxes to grind, and suggested fifteen in- ad of tive on this committee, De. Curry said that, as in a short time they should have ‘ommittee on Boundaries, he did not think they needed’ two such committees, and he, a to lay the subject on the table, F. 6, HAVEN and others opposed this motien, on account of its APPARENT DISCOURTESY TO THE BISTIORS, but, after a disclaimer by Curry of any such in- tent, the Conference so disposed of it, and ordered it printed in the Daily Advocate to-day, so that the delegates may have time to read and analyze tt before they come to vote on it. A resolution, which had been previously made by Dr. E Haven, but was tomporatily withdrawn to allow the above disposition of the Bishops’ report, was renewed. It is as follows:— Whereas the lay delegates chosen by the Electoral C res had Deen admitted to this General Conter- and whereas a desire has been expressed by them muntinleate an expression of their sentiments, theres liseussed on 80, to report a Bt fore Resolved, That this Conference ts ready communication they may desire to make. Adopted, Dr, STRONG then read the lay delegates’ address, a synopsis of which was given in the HeRALD yest day, and alter the reading he added a few remarks touching the earnest and warm sense of gratitude which they felt at this FRATERNIZATION WITH THE CLERGY here. They came, he said, heart to heart and hand in hand to further the interests of their Zion, and he prayed God to grant that when they shall all come to the marriage supper of the Lamb each may lave the wedding garment on, A resolution offered by Dr. Foster was adopted, expressing the pleasure with which the ministers had listened to the laymen’s address, and recipro- cating the fraternal and kindly feelings expressed thorein, On motion of Dr. Geer the doxology was then sung lustily, and the address was: then ordered to be printed in the Daily Advocate, Dr. Cuxny look the opportunity thus afforded to y that this was avery serious business, and he i hoped the Conference would move in it more carefully. (Laughter.) He, however, accepted the to receive any sa back or to regret touching his own position towards the measure, He had kept the faith and finished his course on this business, and would transinit to his posterity with great pleasure the legacy of his course on this, hay delegation business, Dr. Hess, of Indiana, moved to appoint THE STANDING COMMITTEES, and Dr. Eppy amended, that they consist of two delegates from cach of tie fifteen Book Committee districts, An amendment was offered to this by Mr. Goope that the number be one from each district. Dr. OLIN, of Wyoming, made a speech in favor of large committees, and showed how hard and dim. cuit it 1s to get quorums for the transaction of business, and were the committces small the dim. culty would be increased rather than lessened. He favored the old plan and offered @ substitute for the previous motion and amendments, that the com- mittees consist of one delegate from each Aunual Confere to be nominated by the delegations and elected | » General Conference. G, W. Wooprurr agreed with Dr. Olla, and <I large committees and their appolatment in ppY still adhered to his motion for small committees, a% being more practical and wieldy than large ones, and a brother near him had asked him to urge the'“cnsmatiing” of the committees. Dr. MITCHELL presented a paper calling for six- teen standing committees; on which a delegate made a calculation that on Dr. Eddy 8 basis of thirty to each committee (ids vould require 480 Gelegates, whereas there were but WL in (3 Conference. No The uapression now is and L hove it is well ove geeTacd Fo wpply this system of arithmetic to | Dr. Olin's motion, which requires for tho twelve committees ordered 864 delegates—increasing the diiiculty, instead of lesscning it. Dr. Rurcuik remarked thatit anythiag was needed | toconvert him to favor large committec f this discussion, because in the committees wus tho place to get off SUCH WINDY DISCUSSIONS ashe had heard. The pertinency of this remark was acknowledged by the house in laughtor, Dr. Olin’s substitute was adopted. Dr. BINGHAM, of Black River Conference, then moved that the following be the standing commit- tees, namely :—On episcopacy, itincrancy, bounda- ries, Book Concern, nussions, education, revisal appeals, Sunday schools and tracts, church exten- sion and freedmen, te which was subsequently added one on the state of the Church, General BeapLe, of Dos Moines, wanted one also on lay delegation, but this was opposed by Jud; Goodrich, of Mlinois, and Mr. Bonner, of St. Louis, who hoped they would no more hear the distinc- tions of lay and clerical delegates mentioned on the floor of the Conference. Key, Mr, RoruwFiLer wanted a committee on representation in the General Conierence. At present the Annual Conferences send one ministe- rial delegate for every thirty members. It is sug- gested in any quarters that the ratio of represen- ation by increased te forty-fiv eral new Col ferences are likely to be organized before the next General Conference, and that bedy will be still quite large for all practical purposes, LAY ASPIRATIONS TOWARDS” ANNUAY, CONFERENCES. jeneral Beare would be satisfied with such & committee as the one suggestid, but he wanted some one to whom he could refer eertain papers passed by his Conference, which tie ndniis- sion of lay delegates to tle Annual Conferences, the Board of Bishops, &c., &e. . On motion of Dr, Joceiyn the matter was lald on the table. Dr. KyNerr wanted a proviso added to the motion, fixing the numbers on the standing committees so that not more than two-thirds of any one committee sliall consist of cither order—lay or clerical. 1t waa not accepted, ‘The following named assistant secretaries were then elected :—Rev. 0. 8. Munsell, of Central Illinois, by a vote of 222, and J. M. Phillips, of Indiana, 1373 Judge D. N. Cooley, of Upper Iowa, 111, and Rey. FE. A. Manning, of New England, 101, Rev. Dr. Wood- ruff, who had received the highest number of votes cast (152), absolutely declined to serve, and the Conference exeused him. A colored delegate, Ben- jamin Brown, who received @ very nice vote, was pressed as an additional secretary, bnt the Confer- ence thought four assistants were quite enough, Dr, HesTek moved for tho appointment of a special committee on rules of order, Carried. essrs. Harris, Hester, Evans of Colorado, Osborn, Lae Bonner of St. Louis were xppointed such com- mittee. The committee on the introduction of fraternal delegates was announced by Bishop Slinpson as ilows:—Rey. Drs. Andrews, Trimble and W. R, Clarke, and Messrs, Hoyt and Cooley. A discussion then arose on the pepoinknent of the chairmen of the several committees. It has been customary heretofore for the bishops to ap- pate the chairmen, but the Conference, after con- iderable APPARENTLY USELES3 DEBATR, decided to allow each committee to choose {ts own chairman, except the Committee on Appeals, Rev. A.'S. HUNT moved that the order of tle day, after the reading of the journal to-day, be the ap- pointmnent of the standing committees. Rey. Mr. BUCKLEY wanted a committee on public worship, but as the delegates were anxious to get away to dinner a motion to adjourn cut off any ac- tion on the other motions, Several announcements were then made, among them one that Bishop Janes was detained at home through sickness in his family and would not be resent at the Conference probably for four or five jays. Rev. Dr. Brunson, of West Wisconsin, was appointed to Jead the devotional exercises to-day, aiter which the Conference adjourned. THE COLORED METHODISTS. wail the aa Shattering the Walls of Zion—The Battle Between the Rival Bishops—Bishop Jones, Deserted, Calls for Quarter and Wants Money to Carry the War into Afri The wing of the African Methodist Episcopal Zion Conference led by the bolting Bishop Jones, of El- mira, again met in Shiloh church yesterday morn- ing. After the opening religious services the Bishop, who is an eloquent colored gentleman, of ministerial mien, read a lengthy address, detailing the cause of the trouble. From this it appoars that some four years ago the colored Methodists made overtures to be admitted to full fellowship and communion with the white Methodists, and were generously met by the Chicago Conference. The colored Con- ference then adjourned, with the intention of meeting in this city, to confer with the Conference now in session in Brooklyn, to complete the union with the Northern white Methodists. He claims that his associate bishops, Messrs. Clinton, Brooks, Bishop and Talbot, disregarded the orders of the ‘Conference, and called it to mect at Charlotte, N, Cc. When they had taken this course he called the Confelence in this city. The other bishops ignore his anthority to call tis conference, and are now In the city trying to compromise with him, on has some four delegates ont of about on: \t gion of the records of the Conference Bishops inet on Wednesday, in Bb resolved to ignore his Conference, Permanent organization was yesterday effected by the election of Elder Sherman (a coal black negro), of Kentucky, Secretary, and Elder J. HH, Smith, of New England (a dark mulatto), Assistant Secretary. A comnilttee was appointed to investi- gate the character of all the bishops, as the rules require such investigation. Dvring the morning session Elder James, of New York, frequently attempted to speak. Just before the morning adjournment he said :— “7am appointed 9 delegate.” Bisnor—Will Brother James be quict ? Brother JamEs—Whon J ani heard. Brother WASHINGTON, of the Committee on Cre- dentials—We will see Brother James’ credentials. Brother JaMEs—I have my credentials, but I don’t recognize this as the General Conference—it is a fration of it. Pat WASHINGTON—An‘l you are a small frac- jon, Brother JamFs—I am one of the oldest members. Brother WASssINaTon. iy I ask how long you Were out of it. Brothe MES—Only a few months, I am ready for anything when I find this to be the Conference. prother WASHINGTON—You were out of the Con- un and eighty with him, but he holds posses- The Board of Ker street, and When you were peddiing. tT Jawes—Whai her WASsHiInero Horse ——, Bishov (to Washington)—Don't get into a disens- sion with Brother James. Brother James, you are a father old enough in Zion to be quiet. Brother James—But I will be heard. message — Lapointe do not be quiet we shall be com- Jin the authorities, James subsided under this threat, after remarking that he would not submit to the gag law, Conference took a recess till two P. M. uvening in the afternoon various mo- made, at a time when only six delegates nt. ‘The Bishop was evidently discon- certed, aud suggested that he should be chosen as Bishop. The whole afternoon was de- voted to discussion, and the Bishop was not elected. The Committee reported, giving him ® good character; but, notwithstanding his effort to be chosen Bishop, it falled. Elder Smith, of New Lngland, and George Washington, of Massachnsetts, deserted him, and, after His Holiness had franti: cally appealed to the Conference to take some ac- tion, the Conference resolved itself Into a regular pandemoninm, the Bishop crossing his legs and awaiting its pleasnre. Failing to bring the refrac- tory brethren to the point—his election as Bishop ofthe bolters—he wiped his weeping eyes, an- nounced that he was paying $15 per’ day for the rooms, and wanted the other “brethering” to bear a part of the ex- pense. No brother responding, and Mr, Jones not been clected Bishop by his adherents, Yarmoth Garr, Elder Johnson, Jo Sephns and others, of Kentueky, consented that the Conference should adjourn until nine o'clock in the morning. The ven- erable Bishop, seeing that only four (the Kentucky delegation) out of nearly 184 delegates were with him in his coup d'état, announced that he would pay the $15 for another day's lease of Shiloh church, merely “in the interest of Zion,” as he characte ized offer, If 18 probable that when Bishop Jones’ Conference meets to-day he will find but a vulgar fraction of the Kentneky delegation at his back, and the Shiloh chureh will be $15 in, unless Brother James steps in to create a diversion on the Thavea situation with cheorfulness, but had nothing to take | **!ttish lin THE PHRENOCOSMIAN SOCIETY. The Initial Anntversary of the Season at the Academy of Maste. The Academy of Music was the sceno last evening of @ very interesting anniversary entertainment, given by the Phrenocosmian Society of the College of the Clty of New York. The audience was par ticularly select In appearance, being composed of the friends of the young gentlemen who took part in the performance, The President of tle society, Master Adolphns H. Stoiber, sat in the chair with all the portentous gravity and dignity of manhood. The Rev, Matthew C, Julien delivered an sppronriate prayer, alter which there followed several original orations by Masters Shepperd Banks, Oscar Birn- baum, A, Lyons, Henry,M. Lelpziger, Richard 1, Sweezy, Henry Van Kleeck, Henry N. Tift, pt dy 8. Grant and Edward Marshall Wray. One of Pro- fessor Grafulla’s bands filled the intervals with atraing of sweet music from Verdi, Strauss, Bellint and Wagner. The young academicians were gene- rously applanded, and showers of bouquets were thrown on the stage from the p! ceniurm boxes, Among the audience were General A. G. Webb, Prosident of the New York College, and Professors Toemer, Barton, Apthen, Heberman, Doremus, Koaney and Hanterman, ‘the efforts of the sta. dents Were very creditable a their talents and \ training SRERMAN AT STANBOUL. Reception of Old Tecumseh by Sultan Abdul Aziz, BOATING ON THE BOSPHORUS. A Moslem Breakfast of Many Courses. SHOCKING FATE OF THREL NAUGHTY Sisucrs po oLeT ya ES Teutonic Magnates by the Golden Eforn. CONSTANTINOPLE, April 12, 1872. A little later than this in last year a great Amert- can statesman honored Constantinople with a visit. ‘This year a no less eminent soldier of the United States has come among us, Seward in 1871—in 1873 Sherman. The General, with his two aldes-de-camp, Colonel Audenreid and Lieutenant Grant, arrived here from Smyrna last Monday. They are the Sul- tan’s guests. and a handsome suit of apartments has been placed at their disposal in Pera; with two court carriages and a state clilque. On the day suo ceeding their arrival the General and his staff were received in audience by the Sultan, His*Majesty received them AT THE HEAD OF THE STAIRCASE, an act of special deference and courtesy not often vouchsafed by Osmanli sovereigns, Mr. Boker, the Minister, presented them, and in doing 60 pronounced a speech which Mr, Brown translated. The speech was elo- quent, although a trife “tall” in its phrase ology and long in its dtration. It seemed all the longer for being translated, but the General only yawned twice while waiting for his turn to speak. When {t came, however, he spoke as he always does, gracefully and to the point. When the Gen- eraland his sulte came away the Sultan shook hands with them, and then the cortége drove off to the Sublime Porte, where Sherman paid a visit to the Grand Vizier and the other Ministers. On Wednesday A REVIEW OF TROOPS OF ALL ARMS was held in the large square opposite the Seraskeriat, and after it was over the General and his staif breakfasted with the Minister of War, and were initiated into the mysteries of dolma and pilaf. These viands are substantial and have a tendency to suggest the unbnttoning of one’s waistcoat after moderato in- dulgence, but never a button of Sherman’s uniform was loosed. Driving to the new Scala at Sirkedjt, the illustrious party took the water in their state ciiques, and, pulled AGAINST THE SWEEPING CURRENT OF THR BOSPHORUS: Dy twenty oarsmen double-banked, glided away to the fairy-like gardens of Tcheragan, behind the long range of twelfth-cake ornaments, which is the new Imperial residence. Thence, after a promenade de digestion, the wanderers proceeded to visit the Admiral’s flagship, Azozich, where the Admiral, Bessim Pasha, vsho speaks American nearly as well as an Englishman, received them with great empressement, hoisted the Star-Spangled Banner at the main and burned twenty-one charges of gunpowder at forty-cight piastres cach. Yes terday there was A GRAND BREAKFAST OF SIXTY-THRER COURSES, and a dessert given by the Sultan to the gallant General and his suite, which lasted tilla late hour in the afternoon, allowing them to drive hastily back to Pera and attire themselves for a full-dress banquet at the Russian Embassy, This is a faithful chronicle of the movements of this noble soldier up to last night. What he is about this morning I really don’t know, for itis raining. The Sultan has not sent mea carriage this morning, and if he had it would have been impossible for me, not being a bird, to follow the cortége of the Generat and stay at home writing to the New York HERALD at the same time. Besides, the General is no longer the greatest novelty, for the Trieste mail of this morning has bronght sucha batch of celebrities that for some hours to come the gallant oMcer’s nose will be out of joint. THE NEW ARRIVALS are Prince Frederick Charles of Prussia and the Grand Duke and Duchess of Mecklenburg. The Sultan offered their Serene Highnessess the use of his palace at Beglerbey, but they declined the offer and have taken up their quarters at the Hotel aAngieterre. Their movements will probably be very similar to those of the General, but whatever they may be they will be recorded in my next, THR APPEAL OF THE AMERICAN MISSIONARIES. Ever first in every good work, the American mi sionaries’ appeal to the Constantinople public on behaif of the sufferers from the famine in the south and southeast of Persia, Constantinople has been shamefully behind hand in charitable effortfor their assistance; the Greeks have done something, tt is true, but the Mussulmans and Armenians, whose ties with the Persian population are much closer, a tales of the situation of thelr coreligionists in Khorassan. The American missionaries are now getting on foot a collection, the proceeds of which will be forwarded to Oormiah for distribution among the sufferers. A WARNING TO BAD BISHOP, In a formor letter I mentioned the excommunica tion of three Bulgarian Bishsps by the Greek Patriarch. According to a native journal the Patri- archal anathema has told severely on the insubordt- nate prelates, One has fallen down and broken hia arm, another has gone mad, and the third, whe was dying at the time the sentence was pro- nounced, became carbonized in his con, Such te the awful end of those who draw upon them the wrath of the Patriarch of the Greek Church, REAL ESTATE MATTERS, The season of suburban sales will open.on Monday by the disposal at action of two parcels of property, one located at Roselle, N. J., and the other at Rioh- mond Fill, 1. 1. At Richmond Hill J. Johnson, Jr., disposes of 500 lots on the Curtis estate under the direction of trustees. At Roselle Messrs. A. D. Mellic, Jr., have a sale of 152 lots located in a very attractive portion of the town, a short distance from the station, Roselle ts forty-three minutes from New York and one mile and a half from the city of Elizabeth, and is one of those enter- aa} “ancillary” cities that have sprung into existence in the past ten years in Jer- their vitality from the metro- polls, It is estimated that 800,000 people doing business in New York sicep in the State of Jersey at night, and if this continues to go on many of these towns will be joined im time and form a vast suburb, with miles and miles of acontinuity of brick and mortar, the ex- change to-day the main feature was the sale of the large, valuable flve story basement marble front store, 63 Chambers street, which runs through to B1 Reade street. It has a frontage of twenty-five fect and a depth of 151 feet; renting at present for $15,000 per annum, it sold at $147,000, but the bulla ing is notina very substantial state, The othew gales were made at fair figures. All the auctioneers are pleased with the transactions of April as a large funbber of valuable houses c red hands. The following are the full partloulars of yesterday's transactions :— sey, drawing = BY F. Tl. LUDLOW AND cO, 1 Chambers street, niarble-tront store, runnin through to3l Reade street, being 200ft. ¢: of Broad way, 27 ft. front, 2 rear, by Li in depth. «8147, id 18th st. —Ba- ty 210, 8. ¢. corner of Sth av, ai ‘ Je—$21,00. , 8 8. between 7th and 8th avs., lot 25x98, BY 7AM sIenen, Satory high stoop crow e front honse and lot, am of Sn st, 20 ft. east of 4th av,, lot 18.4x77.2, to John & Siriker* $14,085. BY A: J. DLERCKER, SON AND CO, raytlr st., 2 story anit atti brown front house and 4 or Jot ¢. =. between Grand and Hester, lot 2x10), house ZR, to William Keemph, $17,000. ORUSHED BY MACHINERY, FRdward Maguire, a workman employed in Chureh® & Reeves’ box factory, Greenpoint, had his right arm nearly cut off yesterday by its boing accident- ally caught in the machine of whiohhe had charge. The aceldent ts believed to be of a fatal character. ‘The sufferer resides at 14 Franklin street, where he remained ti) ® Tow cafdition at a lave { hour last mictite e been strangely indifferent to the harrowing ©