The New York Herald Newspaper, June 24, 1872, Page 8

8 - THE WASHINGTON TREATY, —-——- Continuation of the Treaty | Correspondence. | Whipping the Diplomatic Demon Round | the Supplemental Stump. | a Amertea’s Full Grounds for Pressing Indirect Claims to Judgment. TEXT OF THE SENATE'S AMENDMENT, | Granville’s Arrogant Dictature--- His Own Draft. Cutting Counter- Criticisms. —_—+ The Uncertainties of Language When Agreement is Not Intended. SOS Se Is the Pursuit of the Cruisers an Indirect Claim? England’s Attempt to Limit the Proposed | Rule in International Law. The Seerctary of State Angrily Telegraphis That He is Perfectly Composed. — A Makeshift Supplemental Pro- posed to the Supplemental. + How England Failed to Ratify the Article. Stata atti Spicy Details of Cabinet Backsliding and Friendly Relations (!) WasninGron, June 23, 1872, The documents embracing the correspondence on the subject ofthe Treaty of ¥ ington are v volaminous. The first coumuntcation is a telegram from General Sc k to Secretary Fish, dated February 2, 1872, iu which he say “LONDON JOURNALS ALL DEMAND | Yat the United States shall its claims for indirect dama 2 not w ention of the treaty. Ain if with hopes to prevent anythin r Offensive being doue or Baid by this gov Evarts is heve co-operat- ing. Secretary Fishon the same day telegraphed to General S ee “THERE MUST BE NO WITHDRAWAL of any part of the cial presented argue the government reasons speak of docs not react: and conten! to await th pate repudiation on the out Next in order follow FRIENDLY NOTH? | itis stated— | verument holds that it is not of the tribunal of arbitration ¢ upon the claims for indirect rdand side.” do not an “Her Majesty within the pro AL Geneva to de Josges,” Ac, All the correspontence which followed this note up tothe lo:hof May has been published, with the exception of what is hereinafter noted, namely:— Deapatch’s from General Schenck to Secretary Fish, dated respectively the loth and 27th of Feb- ruary, in the latter of which General Schenck ed me confidential t night, that Thornton has telegraphed him that the Wash- ington Cabinet has rejecied your Qrait of a reply to his note aud taken” further = time to consider, but that you have suggested he should make sume proposal. He tien said | tw pie that in his note x the sd | he had stated the views of Her Majesty's govern- ment 2s to the indirect claims; that there were other portions of the Americ ¢ they regret, and some of which appear to introduce matters net germaiu to the reference; that he has not been able to consult the Cabinet here, but is Seay. prepared to reco; nd to them (awd thinks with reasonable exp: shonid bath Not press for the withdra ifthe government of tir wwke that their agent shall Inform th 5 or belore the meeting in June that the Unit Btates DO NOT ASK AN AWARD on the indirect clans, nor that such ¢laims shonta be taken as an clement of cousideration in the gros¢ eward, nor brought forward In case of reference to sxessors, I make no comment execpt to say that i as only equivalent to asking us to wittid and t =, he tatimation of belief tha pied Secretary telegraphed to Minister Schenck in reply that the reported rejection was untrue; that entire unanimity prevaiiod; that the answer was then being cop! nd thet BaRL Gas vii aE The next telegrain is from Minister Schenck to Secretary Fish, giving the change of language that Earl Granville desired in an agreement between the two countries as to indirect dainages, To which Mr. Fish replied by telegram on February 20:— Tcannot agree to Granville’s proposal as made. T desire to meet the British government in any bon- orabie a nent of the incidental question whlch has arisen, Ou: answer ts very friendly, and will, We bope open the way fora settiement. Whatever nis it British Commissioners may have i thought among th ves, they did te nate the claima for indirect 10% They never asked us to withdraw them, nor did they allude to | them directly or in et pts plain terms, and after the de- ratjous of the j tort ut commission were closed enterden and the British Commisstoners allowed them to be formally nerated in the ptatement of the dtl of May without a word of dis. sent. General Schenk to Sir. Fish, April ds, relates a conversation whici ie (Gene al schenck) had with Earl Granville, who assured iim thot What Was the most especially desired was that ‘A DECISION OF THE WHOLE Qrestio’ and exient of the Jiability of a neutral should be arrived at, so that the rule and the law cor ali might de known in the future, Indeed, among other things I tol Lord Granville frankly that (regretted to inform him there were notn few of ow best people who were wing so Aissutlefed with the position whieh He ty's government were now assuming that th ie beginning to say Wat Great Britain, they supposed, mast be permitted to 6 ber conrse and anjul the treaty, in whi pnt United States could surmise such an unhappy end to our labors and hopes as well aa this | government. All nl There was & great leal yf it—was oxptessed and ed ip the most only manner, a ‘ ny othe ry than ev ‘ DEAE to Fave th oak that this ts equally tr hu ; | Mr. Fish to Genet April 23, writes a insion of which he says pondence Taye gone as far ag prue | allow in. inttnat we nether peeteda rd, ad that 1 be content vard that a State 18 ble ip pecuniary damages sor the Indiycet of a failure too its neutral obliga Tt 14 mot the interest of a country Kifa- ns are the Umted = Stntes ith = their extent of Sea coast and sinail navy and sinatier interval police, toy it ‘estal lished that a vation is Hable In damages for Hho Indirect, remote or consequential results of a foliure to observe the neutral duty iy This povern. | ment expects ww Ve ip. the Laure ag It jes been ly the paoteanentral dneh ove at the. tiene. Hera | Deiltyervat, At le strange that the British govern: 1 | to continued efforts by all that is in your por 1 babe the two governments whi | , from Her Majesty’s government and the govern- | Ment of the United States, communicating the | tare is | objection to ac | rect losses a4 the result of the failure to observe ° NEW Y ment does not ment do not lead them to expect or TO DESIRE & JUDGMENT on the ‘4ndirect claims,” aud that they fall to do justice to the sincerity of purpose in the interests | of the future’ harmony of the — two nations which hes led the United States to Tn ed not repeat to you the earnestness of the | the future; that that principle is the equivulent or constderation of bastaining from @ demand before the tribunal for damages on account of indirect losses; that, a8 now altered, the article revents the pre°entation of indirect cl from the acts of vessels, &c., and under circum $$ —— see iit tne interests Of this govern- | national lability for indirect losses established for | America, jaims against’! Sth day of May, 187i, for the guidance of the ‘he United States on account of Fenian raids, while | ceedings of that tribunal, have mamed as y these claims before the tribunal at Geneva. | the British dratt would exclude only claims arising | plenipotentiaries, that is to say,” &e. President's desire to prevent a failure of the arbi- | stances which may possibly never again occur. He | tration or any repudiation of a treaty which is so hopeml of beneficent results. Nor need I urge you r, { | consistently with the honer and dignity of this na- | tion, to bring about an honorable understanding | on this question, hh has been, as it appears to us, so unneces- | ‘ily and unwisely raised, to the inminent peril of i important treaty, ‘This correspondence continued unti the 10th of May, when Lord Granville brought 16 Mr. Schenck | in person the draft of an additional article to the | treaty, which has already been publshe+t and acted | on by the Senate, On the 14th of Mey General | Schenck wrote to Secretary Fish, the letter having been received on the 27th of May, a connected his- tory of what had transpired between that time and | Ube 2d i and gives a summary of an interview | Granville as to the position of the ques- tion. Lord Granville, on the 20th of May, said it woul ave time in case of the treaty being adopted if he were to prepare a form of notes treaty to the ‘Tribunal of Arbitration at Geneva, which he accordingly prepared, General Schenck suinnitted this form to Mr. Fish by telegraph; 60 that if (he occasion should come no time might be lost in having tt ready, as agreed on, Mr. Fish on the z8th of May informed General Schenek that the object of the United States in retaining the indircet | claims before the Tribune! was, First— THE RIGHT UNDER THY 7 to present them, Second—To have them dispose from further controversy. Third—To obiain & decision either for or against | the liability ofa neutral for claims of (nat deserip- | tion, Fourth—f the Nabiity of a neutral for sven elaiins | ja admitted tn the future, then to insist on payment by Great Britain for those of the past. Futh—Having a case against Great Britain, to have the same prine!ple apply to it that may in the | futare he invoked against the United States, Secretary Fish telegraphed to G ‘al Schenck | May 26 a8 follow nt having requested an expre. f their disposition in regard to ad. | aud consenting to the formal adoption of the | article proposed by the Britsh government, as | communicated In your telegram of May 10, that | amended the proposed arti DK ces | io wnd consent tolis adoption ia the iollowing , terms, down to and iuchiding the words eat: | Britain,” the sie asin the article proposed, and | then the following: rea, the government ntended thats the said | ty; and whereas ADOPT principle that claims for remote or indirect Josses shonid not be admitted as the ilure to observe neutral obligations so far | as todeclare that it will hereaiter guide the con- duct of bot governments in their selations with | nother, now, thereiore, in consideration there- | President of the United States, by and with | e@ and consent of t enute thereof, con- sents that he will make no claim on the part of the “hited States in respect of indirect losses, as afore- ‘e the T of Arbitration at Geneva.” | ay, inform Lord Granville | of this action of the Senate, the ‘resident willnegotiate a new article in the terms ni to the effect of the foregoing. You will also. YY to him that the two Houses of Congress have ad of and remeyed | | ‘ te and receive | therefore, that au- | Majesty's Minister | tish government | ment. A copy of | do Sir Edward | it is important, y be speedily given to to sign the convention if 1) conclude to enter into the agr he article has been furnis Thornton, In a telegram dated Loudon, } 28, General | Schenck communicates to Mr, Fish the followin; Tcominunicated your telegram of yesterday to Lord Granville, He submitted if to’ the Cabinet, ook it und consideration, He has just e their It is as follows:—<Her | uiment are of the opinion that the of the principle whieh both prepared to adopt for the tne | the govern SO VAGUE that it is impossible to state to what or is not appl sieve that ould | only lead misnuderstandings, They pre- fer the article fted it, but ha ve no nt the articic in the form proposed th the substitution of the wot for the for remota or ind! and the substitation of words uch want of due diligence on the part ofa pen- tral” for the words “the failure to observe neutral obligation: In reply to my inquiry of Lord Granville whether | any possible tuterpretation of the forms proposed e Senate would be held by them to. prevent i before the arbitrators to be considered by | them in making thelr award that part of the clans which related to the cost of pursuit and cap. | ture of cruisera, he states that he must, on | ‘f of Her Majesty's government, dectine to wer any questions as to the effect of as altered by tie Sen a state what possible construction ord Granville says he has informed d Thornton that he may tell you Her 2 government will not insist on the words | s to omit from the preamble if you will | vive assurance im writing that the United States | Will agree to the form of note as proposed, commn- nicating the ention on the part of the Unit States to the Tribunal of Arbiter; LORD GRANVILLE TELLS ME CONPIDENTIALLY at Thornton informed him you had stated that | Committee on Foreign Amairs wus really to re- commend the — followin “And whereas the | $ | | the | article to government of the United stat s contend that the | satd «lat Were inciuded In the ity, now the | two governments agree that the principle involved | in the second of the conventions hereinbefore set | fo: th by Hey Ma.esty'’s government will guide their | conduct in the tuture in their relations with each other,” which proposal, he says, they were prepared to ado, May follows :— THIS GOVERNMENT DECLINES to the proposed altering of the cic. The establishment of the principle embodied therein has been tts object in adhering to the pre- | sentation of the indirect claims, and its recognition is the inducement for not pressing them before the tribuual. Gencrai Schenck telegraphed May 88:— rd Granville has to-night, after another Cabinet meeting, sent me tie following furtaer communi- cation:—"f tuink It desirable at once to address you the following observations, in addition io wim {8 stated in my letter of yester — Her Majesty's 4 (tle! the sugges ve Livat article has been amended by the Senate. Her ‘s government are not able to find for it, as nuded, uy mens or standard of iuterpretation. | The words appear to Include i Mr, Fish telegraphed General Schenck as | Secretary Vish, | | THE WILYUL MISCONDUCT OP A NEUTRAT. as well as @ fallure from ant of due | diligence, They cannot suppose this to be the meaning of the American government. Majesty's goverpment hold all the claims mace” by the nited States for losses | which were the direct results of the acts of the ves- | sels mentioned In the treaty tu be clatms for tna! verpigent en: | te as neutral obiigations. Her Majesty’ bt hold many o: the ciaims for the 1o8ses wbov tioned to viaims for losses Which are rem well as indirect, while resuiting irom a failure to | neutral obligations. lier Majesty's government are unable to signify an - | sent to form . of article Of = which ever thescope, and | probably, tothe «inl. | they have not the American | & phic commun beeh apprised of the meantog whic! overnent attiches to it, or oef He reasons whitch ! Fave led to its being proposed. Lf the government | of the Unite ates thinks it desirable to information which Her Malesiy’s governs to receive on thege points, and » thin! that purpose 86) ADJOURNMENT OF THE TIMP OF MEETING of the arbitrators at Geneva should take place, Her Majesty's government woul be fo agree to any suitabie proposal for thar purpose, whieh they | prtsumed could be done hort treaty betweeh the two governments, | Secretary Fish to General Schenck, May 28, | says Late Inst evening Sir Mwa horn called at my ho hi 8 he stated, a telegram fron Lord Granvilie, purport of which he nienfioned was to the hat the British re | ment, having received te anendment proposed by | this government to their proposed supptemental article, would PREFER THEM OWN DRAYT, put that they would accept the propos substituting, however, for thew or indirect losses”? the words “ol 1 for the words “failure to obs jons’ the words “such want of rtofaneutral.’ Etold him trankly aud ear | that no change or alteration of wny kind ts | orecan be entertained, Tadded that the States now haye @ case Against Great United Britain. He interrupted me by saying the United States { THINE THEY NOW AVE A CASE. ; Tproceedod, saying that st made nog difference ; that having now @ case they desire to press ft for @ decision or to have the principle of exemption of | by the § ) tween 1) occupied, then asked me about the preamble and the pro- posed note to the arbitrators, In reply 1 told him that it was useless to discuss either while his gov- ernment is contemplatiny article. He said it migh understanding m_ order to save thine, case his government agecept the alterations made to the arlicle, At this view I showed him a draft of apreamble which had been prepared in the de- | rn ments, decming {t advisable that there sivald be | partment, reciting simply that tie two go" an additional article to the treaty signed at Wash- ington ou the sth of May, 1871, haye for t pose named a3 their plenipotentiaries, <c. Saying that I see no occasion tor any other ¥ aud that as to the Proposed note, we will not siga it. He asked if there was any to their signing such note. tiay we could not control them in that respect they hud the power to make such representation: to the tribunal as they thought proper; that there might be no objection on our part of the proposed note, but that the latte was not 1 ‘ary, ay the effect of the ar complished what was then stated as a request that we would lay the treaty, if agreed to, before ft and would AUSTAIN FROM MAKING ANY OLATM on account of the indirect, losses; but I desired not to be committed In adyance of the agreement to the article. Ithen referred to the question raised by your telegram recelyed yesterday as to tie eifect of the article upon the claim for the expense of the | pureuilt of tne crutsers, and added that I did not think there could be any doubt, as both govern- ments had through the whole correspondence treated this ast direct claim, With some reserve and caution, aud disclaiming any authority to speak, he remarked that he belleved that claim had been created as a direct claim—one on which tho tribu- nal was to pass and decide whether or not it be one for which compensation is to be made. Iam this morning in receipt of your telegram commuul- cating the proposed changes to the article which Sir Edward Thoroton had communicated to ie, as xbove mentioned. Lord GRAY n'9 EVABION OF A REPLY to your question respecting the claim for (he pur- suit, &o., of the cruisers is significant and supgest- ive of cantion. 1tis very possible that ie whole thing will fall. [f so this country will stand before | the world as having done all that it could do to maintain the treaty and the civilizing principle which ft established. The responsibility of failure must rest with Great Briteln, who evidently will | have shown a reserved interest and an object of | fut dvantage not avowed. Much as this goy- | ernment will regret the failure it c ND 1f AS WELL AS GREAT BRITAIN. There fome things in the telegram received Mis inorning which may require commeut, but incline to the hope that what ma: in Lord G rilie’s remark, “that, on certain language in the proposed preamble,” T arises from the constraint of the tclegraphic | form of communication; and so, too, the Suggestion of a condition that ass: given in writing of certain things, Jain confident you would not have listened to with- out repclliag them. I contidently hope that their unpleasant appearance is to be attributed to the | Fi of telegraphic correspondence. Sir Edward ; *®: thornton toid by me some days since what! unde: tood would prob mended by thi made some mistakes, no copy. He must la Rut, whatever it w: ly be the ex, ‘ebate commit eranas oe it. reported it from memory, , it was a thing uucer constil- cration, and the commiitee’s report was changed | me that Her Majesty's government are of opinion ance to | that the definition, as expressed in the Senate | yo attached to a variance in the final action of our | amendment, of the principle which both t e m what was at one time expected, al- | ments are though what was expected ts different from what | by th nate. I see, therefore, no impor wate fi rt to the former | lause | seem arrogant | @ Will not insist | ‘ted change | . He has | the arbitvatorsat Ge Tgave him | vent only the presentation ofthe claims enumerated | any change fu the | be Swell to, have an | me of the result of the deliberations of the Senate in | on the draft articie submitted for thelr advice by | pur- | States has contended that the said claims were in- and | cluded {n the treaty; and whereas both govern- | al, | objection | as the result of the failure to observe neutral obli- To which 1 replied | gat‘ons so far as to declare that it will hereaiter ice the conduet of both governments in their r, | | | | the tribunal, and our counsel would be guided by | th | | to state that I must, on behalf of Her Majesty's gov- | rance be | ted by Wis instructions and only to be vsed in the As presented | case thatthe proposals contained in your note ad- in your telegram these observations appear such as + Lord Granville has understood to have been ex- | pected. Mr, Fish telegraphs General Schenck May 29 as follows :—- Your telegram of last night reecived this morn- ing. Lord Granville raises. suggests nothing in the drection of an agreeme: CRITICISM. AND OBJECTION WITHOUT SUGGESTIONS 1 to no results and do not give assurance of a You have in- sted various modes of a ement, all with the demand to were justified under in presenting, While the obligations at Britain has in various forms pro‘ered nt, desire to harmonize differing views forma which ¢ ou her part have all been substantially tie same, | and have been vague, uncertain, ideal, and not likely ever to become available, the article propos: enate is fair, candid and reciprocal. This governinent has endeavored to express its views, objects and meaning with respect to the principle embodied therein In the correspondence which has taken piace and in the communications which you hay Affairs. » the proposed article, come at must be signed and the Senate fur approval. BUT TWO DAYS REMAIN * within which that approval can be had, and the treaty forwarded to London to enable the ratifica- tion fo be exchanged in time to pe presented to the rbitrators at their meeting in June, Further ex- tions of the views of the government seem, fore, imposs be interchanged here London. But you be to expiain. these views “as have en communicated to you Department. dent is extr to preser ing and giving practi- cal appl Ine of arbitration as a mode of setting international differences, and for that end has been willing to make large conces- sions, You wi'l call the attention of Her Majesty's Minister to the fact that unless the treaty be signed and approved by the Senate, that the President's ratification can leave here the day after toanorrow and go by Saturday's steamer, it cannot reach London in time to be As if it is to he. pl th may they | there exctanged and be presented to the arbi- trators at their meeting on the 16th of June. The Suggestion of another treaty to adjourn the meet- ing at Geneva seems impracticable. The Senate in the last days of the session, and ita time is pre- In the absence of any indication of a government p: the article as they had | drafted it, but have no objection to accept | | the article in the form proposed by the | had with Her Majesty's Minister of Foreign | \ ‘be submitted to | in such be. | | should not be admitted es the result of such « want | | other,” ORK HERALD, MONDAY, JUNE 24, 1872.—WITH SUPPLEMENT. having resolved to conclude a convention on the termes of the hereinafter set forth, in order that the same may be communicated to the Tribunal of Arbitration appointed under the first article of the treaty signed at Washington on the oe eir | | Eari Granvilie wrote to General Schenck May | | Bim Thave lost no time in laylug before the Cabinet | the telegraphic despatch from Mr. Fish which you communicated to me this afternoon, informing the President of the United States, It appeared | from this deapatch that the Senate had agreed to | advise and consent to the adoption of the proposed article, with a substitution for the third and fourth paragraphs of two paragraphs, as foillows:— «+ “And whereas the government of the United ments adopt for the iuture the principle that claiins for remote or indivect losses should not be admitted tions with each otic In communicating this quired whether any possible interpretation could be given to the proposed article in the form in which the Senate have moiified it, taking all its | part together, Which would prevent taking before he arbitrators to he considered by them in making ard thet partof the claim called “dir claims” in the case which relates to the cost of pur suit and capture of cruisers. I hove now the honor now, therefore,” &c, despatch to me you in- | | { ernment, DECLINE TO ANSWER TNE QUESTION, which you have put to me as to the effect of the article as altered by the Senate, or to state what possible construction it may bear, Her Majesty’s government are of the opinion that the deftuition as therein expressed of the principle which both governments are yes to adopt tor the future is so vague that [t 1s impossible to state to what it is or is not be ae aed and = they beleve that it would only lead to future mis- understandings, That Her Majesty’s government | refer the article as they ‘have drafted t, but have no obj fon to accept the article in the form proposed by the Senate, with the substi- tution of the words “ofa iike nature’ for the words, ‘for remote or indirect loxses,” and the sub- Atitution of the words, ‘such want of due diligence on the part of @ neutral.” the words, “the failure to observe neutral obugetions.”” ‘The article woult then read :— AS ENGLAND WANTED IT. both governments adopt for the future the principle that claims of a like nature of due diligence on the part of aneutral so far as to declare tat it will hereafter guide the conduct of both governments in their relations with each General Schenck acknowledges recelpt of Earl Granville’s note, and concludes as folows:— But Lremark now that instructions to Ile esty’s Mintster at Washington appear by your note | to have been given to be exercised on a condition, | I beg to know from Your Lordship if Iam to under- stand that Sir Edward Thornton's authority is limi Maj- | dressed io mie yesierday are agreed to by the United States. General Schenck to Earl Granville, May 23, in plying to the latter's note, says:— I am now instructed to say that the article, in | whatever form acopted, as to the proceedings before sMAst be understoud tu pre- | in the second contention of Her Maje: ‘8 govern: ment. Your Lordship in this note proceeds to inform propared to vagrue that itis impossit applicable, and th to future misund lopt for the future fa osay to what itis oris not belleve that it would oniy lead ndings; that Her Majesty's Senate, with the substitution of the words “of a We cannot understand the objections which | like nature’ for the words “for remote or indirect | He raises new issues, but | losses,’ and the substitution of the words “such want of due diligence on the part of a neutral” for the words “the failure to observe neutral rela- tions.” I hastened to telegraph the full substance of all this communication to Mr. Fish, am as yet without any answer to that telegram, but I m not prepared to be- lieve that the mioilification can be assented to by the President. Such change of language would alter the whole cheracter of the agreement. Farther on in his reply General Schenck says This rule should be the expression of a principle , to be applied to ¢: 3 they may arise, and onght | not to consist in a reference to cases or cireum- | stances which may or may not ever occur, and be limited to those instances without applic: tion to other cases in which the damage done or alleged may be ey or further removed from | the act of which it is assumed to be the result. They | DO NOY SER THAT THERE IS VAGUENFSS. rule or difficulty in its application to facts beyond what may be said of any other prin- | ciple embodied in statute or treaty jaw. General | Schenck concindes as followa:—"Will you. then unite with us, as the government of the United | States, in an agreement founded upon that principle — for which you — contend, and | ‘as broad ag the principle itself, that claims for re- from this | | continue to reply disposition on the part of the British government ; to suggest anything to which this government could assent it would be impossible to secure | enough of the time of the Senate to agree toa treaty which promises ouly furtner delay and pro- crastination, J regret not to sce an ind ‘cation of a desire onthe part of the British government to come to an agteement which will be honorable to this government. If the British government has any proposals to make they will be fairly consid- ered, with the most sincere desire of a frank, friendly and honorabie agreement. We neither ask nor will we consent to anything else. The tone of Lord Granyille's notes seems to assume that the Senate and this government are to expect what Great Britain may have suggested. Our view very diferent.” Genérai Schenck to Mr. Fish, May 39:— Your telegram of yesterday received, and com- | ame: municated with Lord Granville, He said he would confine himself to one remark, namely, that your | is | | statement at the beginning, from the words, “He — raises down to the word “views,” licable to him, What had been the course the; ad pursued? They had, at the request government of the United Seates, drafted an ar- ticle, founded on an idea of that government, The government of the United States had amended that article, and in answer they had not merela stated an Sree jo the amendment, but had diatted a recommended a: tlele Toi their con- siderauion. uc sald he would not make any far ther argument until he had submitted to his cole leagues the communication which had just been made to him, Istated that I did not wish to go into any argument, but would just state again what were my views of the present situation and difer- ence between us, though it was but repeating for- mer statements. Tsaid to him, “I assume that fi TRALS ARE NOT TO BE WELD LLAs) for indirect and remote damages which may Ly be thé result of a falure to observ noutral obligations, and to establish as a rule to be observed between | which h our two nations. Your proposed form of article as it was amended by the Senate we think does that; you think it iv too vague. We think your proposal, eithes-aa)- orainaily “mace £3 modified by | think jor that purpose some adjouimment of the your | ange mendment of the language | mecting of the arbitrators at Geneva shouid take of the Senate, would be altogether uncertain ag & fie’ rue in practice, ag it confines itself to hy cases, Which may never occur, and inste: nizing and applying the gener the rule to some three classes of Indirect claims, being those which are put forward by the United States In their case at Geneva, The Cabinet is now in session, ieueral Schenek to informs the latter: Your telegram of the 28th of the Un States, to agree to the proposed alter- ing of the Supplemental Trea e in the night and communicated to Lord Granville yester- day morning. nville to General Schenck, May 27, wrote othetical of recog: ad declining, on the part Karl G amble, to whieh mpanying form of pre ty's government were prepare Mvention should be concluded, embod * was Inex- | misconduct Y | want of due diligence, of the | wow! due diligence. | ' Her | your object, like ours, is to aflirm the principle that | + | to give the information which Her Majesty's gov- : | ernment wish to receive on these points, and also ‘al principle, mits | creaty between the two g | i retary Fish, on May 30, | of this note by tel sted My. Thornton to communicate to Mr, | understanding to the imperfection mnaveldably at- toagree | it diMeuit for either party c! fe | of contention between her and the United States, | aftirm and vindicate an important principle, but , the arrangement we have proposed. ! munication, wey mote or indirect losses should not be admitted as to observe neutral obligations, e With us in adeclaration that this principle ‘ili hereafter guide the conduct of both governments in their re- lations to each other: Can Great Britain | that, while she desires to make such a rule consistent with the position she has taken against the whole class of remote or indirect | claims against @ neutral, she must persist in con- | fining it in terms to only such peculiar descriptions , of that clase of indirect claims as HAPP ‘OW TO BE THE SUBJECT and which particular kind of claims may never have existence again. Willit not seem, if this be the limit of the agreement, that the object is not to only to find an expedient for excluding from con- sideration, or extinguishing altogether, certain matters which are untortunately now a present cause of contention? Earl Granville to General Schenck, May 28, in- forms him that, while Her Majesty's govern- ment are far from asserting that the form of the article proposed by them is not capable of fur- ther improvement upon suficient causes being shown, Sir Edward Thornton nas no instructions | to use his full powers, except in accordance with Earl Granville to Genera) Schenck, May 28, says:— | I think it desirable at once to address to you the | following observations :—Her Majesty's government | roposed an article on the 8 stion of the | American government. That le had been nded by the Senate. Her Majesty's gov- ernment are not able to find for it, as amended, any means or standard of inter- pretation. The words appear to include the wilfal of @ neutral, as well asa failure from | They cannot suppose this ; to be the meaning of the American government. Her Majesty's government hold all the claims made by the United States for losses which were the divect results of the acts of vessels mentioned tn the treaty to oe claims for “indirect losses as the | result of the failure to observe neutral relations.” | Her Majesty's government hold many of the claims — for the losses above mentioned tobe claims for | AS WELT. AS “INDIRECT."* While resulting from a fullure to observe nentra) obligations, Her Majesty's government are unable to signify an assent to a form of article of which they cannot for themselves disdiscover the scope, and with respect to which, owing | probably to the dimiculty of telegraphig sony have net been appra meaning which the erican gov: attaches to it, or of the a 4 ve led to Its being proposed, W the *oVerbinent of the Uniled States thiuk it desirable of the ernment place, Her Majesty's government would be ready to agree to any suitable P which they presume could roposa! for that i only be lone by overnincnt: General Schenck briefly replies to Saying: — I shall hasten t night to communicate the whole ‘aph to my gover | Goneral Schenck to Mr. Fish, May 31 | At forty-flye minutes past two (his morning Lord Granvillé sends me the following, dated 30th :— Sm—[am unable to admit the accuracy of the description whieh Mr, Fish has given in the tele- graphic message which you have communicated to me to-day of the course which Her ancetye gov- ernment has pursued or thg objects ‘which they have had in view. I can only attribute such a mis- tendant on negotiations by telegraph, which makes rly to understand ther. ‘This ett. the and arguments of the raft article, [ have learned from Sir cumstance seems te strengthen the reason for tl WVhornton that Mr. Fish would prefer the omission | suggestion which T made in favor of an adjourn: of the words “In order that the sam: he com- | ment of ing of the Tribunal of Arbitration at | muniecsted to the Tribunal of Arbitration for the Geneva. ar anesty’, foie ee bo | “0 » proceedings of that tribunal,” and | their objections words propose i tana ot a Reoneen ee | the — Senate. a already — informed | have this day informed Sir £. Thornton that he may fell shi that Her Majosty’s government willnot Insist words which lie sires Lo omit in the preamble, if he will give Sit E in writing that the government of the United States willagree to the Jorm of note which I proposed, | horton assurance | ment, anc the andof which 1 sent yon a copy on the 20th inst., | communicating the ‘convention on the part at Genova, Lhave to add that Sir E, a general full power, enabling bim to sign a con- vention, and instructions to do so if the proposals contained in this and other letters of this day's PRorogey FREAMpLd THR SUPPLEMENTAL TREATY, a RY Pe LE TO a . ; vihter 4 venta eQueen of the United Kingdom of Great Britain and Ireland. and the United States of ‘of | and which, if adopted by puts to the Tribunal of Arbitration | ted States, Her M Thornton has | | etend that the words sug. incapable of improve- have resolved to make a suggestion | Which they trust will meet the vi ot both gove | ernments, I proceed, therefore, to. put you in pas session ofa draft article, of whieh I enclose a copy, ‘nment of the Uni wuient Would be you that. they ¢ gested by then | | prepared to a | THE SUPP | “Whereas the EMENTAL. Britannic Maj- | esty has contend in the recent correspondence | with the govern torthe United States as fol- | pre namely :—Lhat such indirect claims as those | rth | e national losses stated in the case presented on the part of the savernment af the United States | such a want o! | duct are brought withi The President thinks proposed by Her Majesty's government | is also capable of improvement. The American — government state — that it is | ject between the two gover } fidential) says:— j that it regar | lyn, was passing through an alleyway leading from to the Tripnnal of Arbitration at Geneva to have been sustained by the los# in the transfer of the American commercial mu rine to the flag, the enhanced payment of insurance, the prolongation of the war and the Addition of @ large sum to the cost of the war and the suppression of the rebellion—firstly, were not included, in fact, in the Treaty of Washington; and further and secondly, should not be admitted in peineiple as growing ont of the acts com- mitte by particular vessels alleged — to have been enavled to commit depredations upon the Shipptig of @ belligerent by reason of due diligence in the performance of neutral obligations as that which is tmputed by the | United States to Great Britain; and whereas the government of the United States has contended that the said claims were included in the treaty; and whereas both governments adopt for the future | the principle that claims against neutrals for re- mote and indirect losses should not be admitted a5 resulting from the sof belligerenta, Which such beliigerents may have been cnabled to commit by reason of a want of due diligence on the part of a neutral in the performance of neutral obligations, so far ag to declaré that this principle will hereafter guide the conduct of both governments in their re- lations with each other, Now, therefore, in consideration thereof the Presi. dent of the United States, by and with the ad ———— nn and consent of the Senate thereof, consents that he will make bo claim on the part of the United States before the Tribunat of Arbitration at Geneva respect of the several classes of indirect losse hercinbelore enumerated, Mr. Fish to General Schenck, May 31:— As stated in @ previous despatch which you com- municated to Her Majesty's government, unless 2 treaty be signed and ratified by this government this day, 80 0 be transmitted to London by to- morrow’s steamship for ratification Her »; it will not be possible that it Become operative in time to be laid before the arbitrators at Geneva on the 16th of June, on which day the jsilng treaty requires that the arguments be uted, Your telegram reached me this morn- | “N HOURS nverance by which a ofa treaty can leave here to take the steamer o-morrow, Tt would t possible for the Senate within that time to sider the important changes proposed to the form of the terms on which, after long deliberations, they have agreed to advise the President to negotiate the proposed article, Her Maj #8 Ministry has already becn apprized of tis. To propose a CHANGE OF LA’ AGE INVOLVING OWJECY, this late period, is therefore practi- cally to defeat any agreement. Lord Granville 2d. mits that the language of the article tlrst proposed by Mer Majesty's government might be improved. The President thinks that the same may be sald of that now preposed by Lord Granvil it appears to him to leave’ a large class of very probable eases unprovided for, and he hoids that the result of bad faith or of wilful miseon- duct toward either oi th two governments will never be the sabject of peeuntary compensation Ihave suggested to Sir Edward Thornton that we siga the artlele recommended by the Senate, and thus put léin operation and allow the arbitration y Tt is not belleved that there is any iferenee of object hetween the two govern- in the definition and initiation whieh hh desires to ph he liability of a neutral as to prevent an agreernent on the lan- guage in which to express it. If time pe allowed for an exchange of views by some otter means than the telegraph there is no probability of a practical question on the extent of that liablitty arising tm- imediatel, Secretary Fish, Inne 1, telegraphed to General Schenck j— ‘The fifth article ofthe treaty requires the writien arguments to he presented by the 14th of June, ‘The adjournment of the — tribu- Without umeuding that article would as we are advised practically, amount to a dis- continuance, and that article can be amended omy by a new treaty. The opinion attribated to me re- warding said Senate article ts very incorrectly represented, General Schenck telegraphed to S: June 1:— “Your telegram of yestorda: midnight and tuimedia Granville, who has just sent ma low A CHANGE OF and of eifect etary Fish, was received at unicated to Lord answer, as Tol- “Sut--In reply to the , communication | which 1 received from yor this morn- | ing, I beg to inform you tat Her Majesty's | 3 ment hold that, by the article adopted | nd wilful miscon- cope of the proposed agreement, which deg 7 niary compensa- tion, It appears to be the view of the government of the Cnited States that such cases are not a fit ubject of pecuniary compensation, and 1 aw ins ormed by Sir Edward Thornton that Mi. Fish’s opinion that the article adopted by the Senate is CAPABLE OF IMPROVEMENT. that the article last ate, cases of had’ faith not believed that there ix any such difference of ob- nents in the definition lesires to place npon as to prevent an agreement or the lary in which to express it, if time be allowed for the exchange of views by some other means than the telegraph, The Britis! government must DECLINE TO SiGN A TREATY which 1s not in conform with thelr views, and Which does not express the principles which the American government believes to entertained by both parties to the negotiation, and which, im- mediately after being signed, would become the subject of negotiations with # view to its alteration, In this position they repeat their readi. ness to extent the time ullowed for tne arbitrators to meet at Geneva, and they have, as you are aware, provided sir Edward) = Thornton with = full powers to bi a treaty for this purpose, or they are wiing to concur in a joint application to the ‘Tribunal of Avbitration at o: to adjourn the pro- ceedings of the arbitration, which they are advised it 1s within the competence of the arbitrators to do upon such an appiicetign, without a fresh treaty.’? Secretary Fish telegraphs to General Schenck June 2; Although by a literal construction of the Senate | artic! cases of had faith or wilfa) misconduct may | be held tobe within its scope, it is inconceivable that such cases can ever be the subject of diplo- i¢ correspondence with a view to pecuniary compensation hetween two Powers, s as those now concerned, General Schenck to Secretary Mish, June 9, acknowledges the receipt of the telegram, “and I heard from Davis last we: that our argument would be ready on the , and Lord Granyille told me theirs would be. Secretary Fish to ¢ and limitation which each the lability of a 9, neral Schene! June 2, (con- We concur in the opinion that THE ARWITRATORS UAVE TRE POWER TO ADJOURN either on their own motion or on the imotion of either party. Ifthe arguments he put in on both sides on the 16th, and Great Britain moves for an adjournment, this governinent will concede, General Schenck telegraphed Secretary Fish, June 8, the text of a communication from Earl Granville, in which the last named says ;— If both parties agree not to present any argu- ment till a later day than the 15t of June request- ing the arbitrators to adjourn, and if the arbitrators should on any day to which they may have ad- journed accept the ar; ents Which both parties may then wish to render to them, this wil! be quite Within their power, Secretary Fish to General Schenck, telegraphed June of the United States differs opinion expressed in Lord to yon, that ft ts not necessary for the agents to present the arguments of the respective governments onthe 15th, The fifth article of the treaty te- he government entirely from the Granville’s | note \ | quires that the aevecmnemty be presented wit Seclited at which tine wht Axpiee an Heda ieing 2 treaty requirement, the executive cepart- | . = art from its ¢ government cahpot de) obligations, “and ha hot th power to consent to a change of Its terms. If an} adjournment is contemplated by Great Britain, with the Idea of futnre negctiation, it is right that, with reference to th nate arti it should be understood that the government cannot negotiate | | on a proposition which involves the idea that it ILTY OF INTERNATIONAL I[LL-PAITIC lation of its international duties, or sueh acts on the per of another wf compensation by the payment MAY BE ( or of wil power the subje | of damages in money, CONTINUED ON TENTH PAGE. BRUTAL ASSAULT BY A SAILOR, Thomas Billard, a passenger on board the steam- ship Eqnator, lying at Pierrepont’s stores, Brook- Furman street to the wharf, at a late hour on Saturday night, when he was assaulted. from behind. He was knocked down and kicked about the head and face in a most inhuman manuer, The cries of Mr. Bulard for assisianee were heard by Patrolman Kekhan, who, coming to the rescue, managed to t the assailant, Willtam Mathews, The latter nployed as @ sailor ou hoard the Equator. The used was yesterday arraigned before Justice | Walsh and conimitted to jail to await the result of | the injuries infic by him. ‘The injured gentle. | man 1s now lying in @ Very critical condition at the Long islana College Hospital. ACOIDENTALLY SHOT. Thomas alias “Pop” Kennedy, aged thirteen years, of 221 Kast Twenty-ffth street, while care- essly handling # pistol at the foot of East Twenty frat’ etroot That Malt, accidentally shot Thomas Dunlay, aliag “Navy,” also aged thirteen years, of 13 Bast twenty-sixth street, In the neck, imiicting a severe and probably fatal wound, Dunlay was removed to Bellevue Hospital in an ambulance and Kennedy arrested by an oMmeer of tie Bightcenth recinct, He will be avraigned in the Bxsex Mar- Ket Police Court thie Morning and heid to avait the yeanlt of the Iniuriew, | view, whieh he would shortly put before tho meet. | Co., arrived here on th DR. LIVINGSTONE. © / / Reports of the Royal Geographical Society garding Dr. Livingstone and Mr. Stanley, —+-——-— The News from Zanzil Livingstone Safe—The Herald Correspondent Meets Him at Ujiji- The Underground Village—The Nile Question Sctiled—Letters from the Sultan of Zanzibar and Dr. = Kirk. Lonpon, June 1, 1872, I forward you by this mail the report of the Royal Geograph Society, Which was published in the morning papers to-iay. The society heida mecting last night, Sir Henry Rawlinson, K. ©. B., in the chair, ‘Che President said tuat before the regular papers of the evening were read he would refer to asubject not in the programme, but which was, nevertheless, of so much public interest that he Would make no apology for introducing it at once. Tle referred to the subject of Dr. Livingstone, one Which he had on severat recent occasions lad rea- son to mention, and had done so with fear and trembling, not without some sort of misgiving that he might have been, as he had been thought by Soe, over Sanguine. Now he was happy to be able to state thet all doubt as to Dr. Livingstone’s safety was removed, (Cheers,) According to his ing, they had now really authentic intelligence, At the anniversary meeting he had informed then that the comicil had not then recelved any report of the arrival of Lieutenant Dawson at Zanzibar. De- spatches lad now arrived containing the results gathered from letters which had been seen by Dr, Kirk. Dr. Kirk was a man of extreme caution as to his reports, and a great dealof the value of the present intelligence depended on the degree of velght which attached to Dr. Kirk’s reports, He was aman who had @ great fear of imposition, and had ever been other than most careful with re- Spect to the mteligence he transmitted, DR. KIRK'S LETTER. ZANziBAR, April 7, 1872. pore that the Rhine 4 house of Rivett, Gibson y h the 17th wit.. being tiiteen days from Suez, and laving passed without touching at Aden, The Abydos brings the English members of the Livingstone Search Expedition, namely :—Lieu- tenant L. Dawson, R. Nv; Licutenant Henn, RB. and Mir. W. ©. Fivingstone. The ikey, Charles New, of the Methodist Mission, at Mombas, whose recent Sticcesstul escent of one of the East African snow mountains and whose long residence of nine years asa missionary in East Africa hive familiarized him with the language and customs of the coast, being a6 Zanzibar and about to revisit Europe, inost generously consented to alter his plans and join Lieutenant Dawson's expedition, to which, a8 iuterpreier, he will be especially useful. Mr. New, daring his stay in Afric: as shown a gen- eral aptitude for observations and a facility in dealing with natives that promises to be invaluable, hone of the other members having per- sonal experience in Afvica or being acquainted withany Eastern language, Thus organized, and now joined by the six Nassick boys who were sent from aaa by the Church Missionary Soctety, the expedition Is engaged in getting topes sents and in purchasing donkeys, and at the end of the yainy scason will be ready to start for the interior. On the Ist of April the expedition were presented to His Higiness Sayyid Burghash at a private dur- bar. His Highness seemed most pleased with the letter of introduction furnished to Lieutenant Daw- son by Earl Granville, and also with the elegant silver tvay and coffee-pot, the gift of the Royak Heographical Society of London. His Highness gives one of his steamers to enable Mr. New to pro- ceed to Mombas and bring down some of the people who betore accompanied him in the interlor, apd on whom he can depend, end offers his assistanve in any other way that may be thought useful. Thave, &c., JOHN KIRK. THE SULTAN *OF ZANZIBAR’S LETTER, Translation of a letter from His Highness Sayyid’ Burghash bin Said, Sultan of Zanzibar:— To Sir Henry Rawinson, K. C. B., President of the Royal Geographical Society, London :— Jn the name of (he most_merclful God, to our es- teemed friend, Sir Henry Rawlinson. May the Al- mighty preserve him in heaith and happiness f Your friend is quite well, and the object of our leter is to inform you that at the a lous mo- ment of our safe return from performali mg tho pil- enage to the holy cities of Mecca and Medina my riend the Consul-called on me and presented tome Lieutenant Dawson and his companions, and at the same time he delivered to me the letter from Her Majesty's Secretary of State for ids Affairs, the Earl Granville, and also 1 gift presented by the Royal Geographical So- ciety, through the President; ‘and it has pleised me much to do that. which {8 considered advisable, and that I ain enabled to aid the people: of Eng'and in thelr search for my friend Dr. Living- stone, of Wom we have no relixble information, aud | piay God that certain information regarding, him may soon be received, aud I will give my aid: to those gentlemen whom you have sent in attain- ing their object. And the Consul having requested me to grant the use of one of my steamers to the; above gentlemen to convey them to Monibassa to procure men to scocarsay their expedition, I have’ done so, and, please God, i will continue to ee \ their! Thave the honor to re) Abydos, consigned to the assistance to those whom you have sent in endeavors to explore the mysterious regions of the, unknown country, becanse their object is praise- worthy, and will tend to increase our knowledge of what the Almighty has created in these our coun- tries. From your iriend, BURGHASH BIN SAID BIN SULTAN. Dated at Zanzibar, the sth day of the month of Satr, in the year 1280 of the Hegira, corresponding to the Lith of April, 1872. ANOTHER LETTER FROM DE. KIRK, The President read portions of a letter from Dr.’ Kirk to Earl Granville, in which he says:— The situation of the Arabs, according to all writ- ten accounts, 13 one of considerable danger, and the advantage for the present seems to rest with the Unyamwezi, who hold the Arabs, as it were block- aded, unable to trade and short of provisions. The Snitan thinks these statements made to induce him to send stores and troops, and tits view is st ported by the fact that the Zanzibar correspondents of two of the Arab chiefs have since the receipt of the letters engaged porters, and prepared caravang for Unyanyembe, with very valuable consignments of goods. Twoof the men who came down with the letters state that the Unyamwezi people have been driven off, and only Mirambo, with whom the original quarrel occurred, left with sufficient powei to offer resistance. As these came safely out ot Unyanyembhe, and have started with letters on their return, the danger would seem to be exaggerated. Dr. Kirk thus continues:— In no letter to which I have had access is mention made either of Dr. Livingstone or Mr. Stanley, nor 80 far as I have been able to learn have an: Yeetors been received on transit for New York from the latter, Ihave myself closely examined the slaves from Unyanyembe os to Mr. Stanley's movement: and learn that, having falien back With the Arab: on the station on the day of the defeat hy Mirambo, Mr, Stanley shortly atter set. off in company with & party proceeding to Ujijl, by a roundabout way, skirting the disthirbed districts, His second white man (mate ofan American ship, the Nevada, who joined him here) was sent back to Unyanyembe, Where he died, So far the native accounts of what fell under their own observation may be relied on, put great doubt attaches to the further hear- say pial pene that J} now relate. These PXamlued — separately, state that be! leaving Unyanyembe faced bin Mae jid, an Arab of vit whose name J have before mentioned, fought his way past. Mirambo and entered the seitlemont, having lost five of his men in an cneounter, He bronght with him neither fvory nor goods, and left all but bls dghting men at Ujijk He is said to have reported that bee fore he left Dr. Livingstone had returned to jit and been jofagd by Mr, Stanley. Tt ts a'so said that Mohammed bin Gharib had returned, and three others who had gone on the Manyeia route, Tun. willingly mention such reports, being at tie same time wholiy wnabie to vouch for their veracity, Mr, New, myself, and some Arab chiefs have tried our best to sift them, but without success; they nay be pave Inventions, or prove statements; the Arabs seem Inclined to credit Chem, while white menon the whole doubt their accuracy, Gfone thing Lam, however, convinced; that the suspicion en- tertained at home of news having been in posses- sion of the Arabs of some inisfortune having be- fatien Dr. Livingstone, which tiey concealed In order to profit, by goods sent to his relief, 1s W ; groundless and false. f have addressed the ehief men of Unyanyembe by the slaves now on the re- \ turn, and who will reach within thirty days, com. plaining of their }aving given no inteliicer urging them to write ab once, and send on tera they have im hand “jt Doctor, Ihave the honor ik to the to be, &e., JOUY KIRK, PRIVATE LETTERS had also been recetved from Zanzibar, conveying similar intelligence to that efleiniiy forwarded by Dr. Kirk. On Priday night a telegram had reached him (the President) w wis authenticated ina curtons manner, Ltoutcuant Dawson wrote o very pectliar band, and his writing of Zanabar would be read by ninety-nine persona out of one hundred as Lousitar, It hud been in fact so read ig hs by many persons at the anniversary meetin } Now, in this telegram fram Bombay, Lick % tenant Dawson was wade to date from Lon- sitar, Bowing that what the telegraph clerk had |