The New York Herald Newspaper, November 18, 1878, Page 4

E 3 Lord Salisbury’s Reply ta, Secretary Evarts. WIDE DIVERGENCE OF OPINION. Her Majesty's Government Stands | On the Award, | NO PROVISION FOR AN ceeeeeeaaal APPEAL, | 4 Majority Decision in Accordance With International Law. Se THE FIVE MILLIONS EVIDENTLY EXPECTED, i ee) Wasuratos, Nov ‘The following is Lord Salisbury’s rep] Epateh of Secretary Evarts concerning the Halifax dishery award :~— Forrien Orrici Sm—Her Majesty’s government hi onsiderution to the despateh n rission adare ting to the ed to you by the & copy of W in my hands o: nor to make the following o! ply ich I shall feel greatly ob fnunieating to Mr. Evarts with t Uclay :— good enowgh to and f hi now ervations in re- 1 by your com- least possible 10th ult ji nment fally appreciate the frenkness with which Mr. Evarts has req vommunicate to them the views of thi the United States on this question, and it is their desire procate in the full » the wish expressed eand explicit un- nments as to the award made by the commission to Washington. I must in pMection the cir- anization of the to a com en the two_ gc standing bety formity of th the terms of the the firs’ Stance r umstances which Halifax Commixsion. TION OF THE HALIFAX COMMISSION, treaty of the 5th of June, 1854, be- ain and the United States terminated m any desire on the part of Her nt to puta period to its stipula- f the notice provided for ing been given by the | » Tautual privileges in e in certain pr men- | d States and of »ps came to an n 1866, not t Majesty's gc tions, but im rinination of the re- rocity treaty was to revive the difficulties inci- dental to the fisheries question; difficulties so well ments that it is needless for me | on the present oceasiot ‘The danger, however, of collision between the fisher- men of the two nations began to manifest itself soon rthe termination of the reciprocity treaty, and Her Majesty's government were anxious to come to a speedy and sutistactory solution oftthe question. Hor Majesty’s Minister at Washington th of Jannary, 18 to Mr. Fish, in which he stated that Her Majesty’s govern- auent deemed it of importance to the good relations, which they were ever anxious should subsist and be Kirengthened between the United States and Great ‘britain, that a friendly and complete nnderstanding should mie to between the two governments as to the extent of the rights belonging to the citizens of the United States and Her Majesty s subjects respec- known to both gove to enla upon t America, and as affecting the yard those possessions, natters would, however, somewhat complicated should y Lord Pp rnment of the United States the appointment of « Joint High Commission which should be composed of members tobe by each government, should hold its sessions at Wash- ington, and should treat of and discuss the mode of settling the diferent questions arising out of the fisheries as well as all those affecting the relations of the United States toward He: *s possessions in North America. To this 1 h replied on the both of January of the same and wiule stating he President shared with Her Majesty's govern- ion of the importance of a triendiy | anding between the two goveru- ference to the subjects specially sng- nsideration of the proposed Joint | sd that it would be desira- ns ofthat commission if the other questions then at issne . particularly those It was thus owing to anent the appre and incl leration importance attached ment to the — fishe their a ' satinfactory settlement of the difficult voted with it, that | the ne re commenc rich led to the | Joint commission and | { Washington. A large por that « rission wats t ding question no eration, and after many proposals and posals, including offers on the part of the * Commissioners to grant commercial mere remission of duty order that they might acquire | r United hermen unrestricted access to the | ashe Articles, | Nos. 18 reed to, and constitute the authority um Halifax Commission acted. Article No at | s mecorded by articles 3 » the subjects of Her Britannic ted by the x t 4 paid by th ament of Her Britanuic ded to the citizens THE WALIPAN AWARD, | | jad to consider. shail have ven given LEGISLATIVE AND DIPLOMATIC ACTION. The acts necessary to enable the several articles of | the relating to the fisheries to be carried into | vilect were 44 by the Lperial Parlisment of Grent Britain on the 6th of A , IST2; by the Parliament of Canada on the Mth of Jur the Legisla tu nee Edward nd (which did not at that tin part of the Dominion) on June 29, Ist2; by the ¢ a Newfoundland on the 2th of March, 1 States Congress on the 25th sernpulous, roteover, were ut that United States citizens st degree the benetite secured the Uni Her Majesty's govert should enj t them unde y that United States fishermen wer imitted to th practical of the inshore tivhing ground eof the formal legisla | that purpose; and this | i by the government of veral and friendly act. Her der that it is important, ) bear in mind the dis- treaty relating to d the part relating heads, As regards | of the United sta | wore by the treaty 5 tual possession and en- | joyment ot t enjoyment has been had, aud canne Ww rany, and what, «nin | was to be paid by vernment of the United tates fur the r te th conceded ax to be deter- " etermined without appeal, by the tri- | 1 r th ty. United states fishermen bu red i enjoyment ot the | privileges thus secured hem, it becatne necessary to take audi for the con- stitution of the commission appointed to meet at Halt- tax in the manner preseribed by the treaty. Various circumstances, however, with which your govern ment are familiar contributed to « on delay in the vation of the commission, and it was couple 1 the isii, that an Vomit No. 2 ot the jiamed M, Maurice Delfo Washington, 6 yovernmente of Gre Britain, the United si a Belgium of the ele Britannic Majesty 8 government ppointed Sir Alexander Galt to be and Francis Clare Ford to Le tion thus made. He aviny previously their Commission tiwir agent, and the “similarly appointed the Mon. Ensign H. Kel- | be their Commissioner snd the Hon, Dwight | ) be their agent, the constitation of the com- | as completed MEETING OF THE) COMMISSION. se with the terms of the treaty and after previous ec unication between the three Commis | ‘ rs, the 16th ot June, i877, was fixed for the tirst | day of inveting. The commission was accordingly or- | i by heiding the ence at the city of | wx on that day, wh Commissioners were tand produced q » powers. The | Dwight Foster # Iso present nts of their reap «, Mf. Del- wee then, upon f the United Commissioner, elected pt nt of the eo " retary having be ppointed by him, th ' Cotnmissioners — proceed n with the — twenty-third of meke andl “uf et we au thas they would impar- | have insisted | no stipulatic | according to the ‘Treaty government of the United States | ,, NEW YORK HERALD, MONDAY, NOVEMBER 18, 1878--TRIPLE ‘SHEET. tially aud carefully examine and decide the mat- ters’ referred to them to the best of their judgment aud according to justice and equity, The commission then, after a meeting on the next day for the purpose pproving and signing the proigsc! of the previous procecdings, adjou until the 2th day of aly, Is77, ‘The commission having met, pursuant to adjonrnment, on the 25th day of July, the United States agent naiwed the counsel retained on behalf of hited States, and at the next conference, of July, the case of Her Majesty's gov- dou the 18th "a Was opened on the 19th of the same month and closed on the 2th day of October, It is unnecessary that I should here recite each nse lengthened proceedings. It will be sut- ficient to state that eighty-four witnesses in all were examined on behalf of Her Britannic Majesty's gov- ernment and seventy-eight on the part of the United States of America, hese witnesses were subjected to the most searching ere mation by counsel of atest ability, and among those examined will © found the names of many persons who, trom their special knowledge of the subject, both practically and generally, were well qualified to express an opinion, and whose evidence was entitled to the greatest weight in the investigation of the " » hundred affidavits were produced in support of vease of Her Britannic Majesty’s government, and 1 support of the United States, the deponents ¢ those who were also in a position to give © and convineing testimony with regard to the rom various causes, were unable before the commission. A nous mass of documentary and statistical mat- produced and submitted to the commission side, and about fourteen entire days were matter, | ei devoted to arguments of counsel upon the whole case, AWARD OF THE COMMISSION ‘The commission held in all seventy-eight sittings of about four hours’ duration each, and the proceed inated ou the 230 day of November, 1877, signed Commins of the Treaty of W ring, baying regard ( United States to the sub vilegers is Mer Britannic said treaty, the their opini 1 United States to Majesty in return for the tizens of the United States aty, having carefully and to thet d- with th articles 19 and 2 mpensacion which, ded to the e 18 of the said ¢ impartially exansined th ice anid iy the of Her Brita of said treaty Sigued at Halifax this 23d day of November, 1877. MAURICE DELFOSSE. ° Majesty in accordance with the prov the Treaty of s conferred on . therefore, onneed by his ‘colleagues. h deems it his duty to state her that it js questionable whether it is competent for Board to make au award ander the treaty except with unanimons consent of , Commissioner. THE AUTHORITY OF THE COMMISSION, It was thus assuredly not without the most thor- ough and laborious investigation of the question sub- niitted to their appreciation that # majority of the Commissioners arrived ut the decision above quoted, aud it must be observed that the whole of the pro- y s were held in strict conformity with the terms of the Treaty of Washington, while the award was given by @ majority of the Commis: xs in the very terms contained in article 22 of the treaty. In the despatch which has been communicated to Her Majesty s government, Mr. Evarts seeks to invalidate the award which is the root of this exhaustive investigation, upon the ground that in es- tiinating the claims of Great Britain the Commission- ers must be assumed to have taken into considera- tion ctreumsances which the Treaty of Washington had not referred to them. Thereis nothing upon the face of the award which gives any countenance to the supposition that the Commissioners travelled beyond | the limits assigned to them by the treaty. Mr. Eyarts’ argument in favor of this contention is en- tirely deduced from what he considers to be the mag- nitude of the sum awarded, It is, he contends, so tar in excess of what the United States government believe to be the true solution of the problem sub- mitted by the treaty that some factor which the treaty has not recognized must necessarily, in his opinion, have been imported into the calculation. Mr. rts proceeds to give in de- tail the consideration by which, in his judgment, the result arrived at should be tested. He gives his reasons for believing that mackerel is the only fish to whose capture in the waters opened by Great Britain any value should be assigned, and that no account is to be taken of herring, halibut, cod, lake pollock or bait fich. He computes the number of mackerel which the United States fishermen have caught within a three mile iine from the shore during the years of the treaty period which have expired, and infers from it the number which they are likely to catch within the same area during the interval that remains, com on various hypotheses the pi States fishertuan is likely to have made from the mack. erel which he has probably caught. On the other side, he estimates at a very bigh value the profit which the British fishermen have derived trom the opening of the markets of the United States, and concludes that the sum fixed by the award ts so much larger than these considerations would hi justified that the United States government can only explain its magni- tude on the assumption that the Commission has mis- en the question that was referred to it. ‘That Mr. Evarts’ reasoning is powerful it is not neces- suzy for me to say, nor, on the other hand, will be be surprised to hear that Her Majesty's govern- ment still retain the belief that it is capable of refu- tation, but in their opinion they would not be justi- fied in following him into the details of his argument. These very matters were examined at great length and with conecientions minuteness by the Commis- sioners whose award is under discussion. NO APPEAL FROM THE COMMISSION, ‘The decision of the majority was given after full hearing of all the considerations that either side was able to advance, and that decision, within the limits of the matter sumitted to them, is, under the treaty, without appeal. The arguments of Mr. Evarts amount to a review of their award upon the question fact end pecuniary computation referred to them; he con- tends that the stm @ ded is excessive, and that, therefore, the award must have been arrived at by some illegitin yrocess, but to argue against the validity tur an award solely on the ground that the conelusion arrived at by the arbitrators on the | point referred to them is erroneons, is in effect the same thing as to dispnte the judgment which they had formed upon the evidence, Her Majesty's gov- ° 8 that it ‘duty to ernment do not feel is . their put forward any opinion adverse or favorable to the jon whieh the majority of the Commission: have passed upon the at- aidavits owitious which they haye uotdo so without undertaking the same laborious in- | voices. vestigation ax that which was performed by the com- , & task for which the interval which has been on which Mr. Evarts’ despatch was delivered to me, and November 23, the day on which the warded ix to be made, would certainly not suffice; bat they are preeinded from passing in review the judgment of the eommis- sion by a far more serious dis They cannot be judges of appeal in this cause because they have been litivants, te pressed view upon the they have felt bound in that capacity to maint ‘Their computations have been totally different in method and result fr those whieh the American counsel sustained and | which, in part, Mr. Mvarte reiterates in hix dexpateh, Phe interpretation which they have given to the data laid before the tribunal has been m complete an- tagonism to his. Chey have been of opinion, and with ail the force of argument tiat their agents could coprmand, that $15,000,000 was the legitimate compensation which under the treaty wax their due. ‘ihe majority of the Commnsstoners heave decided to reduce that claim by nearly two-thirds. Having formally engaged to submit tne matter to this arbitration they do not think that at is open to them to inquire how it was that the commission to form an opizion upon their claims ® snt from their own. Still less can they ther side is entitled to treat (his differene arbitrators entertain. now, a On stinilar occasions the fore, the decision of the tribunal to which they solemnly and voluntarily submitted, THE QURETION OF UNANIMITY. At the close of is dewpatch Mr. Bvarts refers to a ration which Lought not to pass over without 1, though he place it in the first ng the object he raises against the award, He. callx attention to the fact that the award of the commis was not wani- mous, i that in the Treaty of Washington ie in this case made that the decision binding. The opinion t f Washington the Fishery of pronouncin inapimons, is one it ient are unable to ¢ of the majority is vo b Commission was inexpil cision tinless its met which Her Majesty's gover our, It is not diftieust to produce from text books, even of very recent date, authority for the doctrine that in international arbitrations the majority of the arbitrators binds the minority unless the contrary is expressed. Halleck’s “International Law,” edited by sir Herstone Baker, 1878, says, chapter 14, sec- tion 6:— th + ritlos, most derived from the civil law, ei Wherd jded in the artle aniea, If there ber, the decision of a majority lv conclu says:— vajorite des voix. wnt toment traches #aeqnitter ev traces pur lo droit ely intement disevter et de dans Va \ anajorit Tam not aware of any authorities who, im respect to international arbitrations, could be quoted in’ the contrary s , wad it would not be difheult to show, by a re asin the Kinglish cx has always been Judieiaily applied of arbitrations of a pub- We nature. The language and stipulations of the treaty itself, so for as they ate ex - ject, point to a sitn indewd, wey ‘ i in tt _ it is net ais in the f (he fishery rights, it chain the ewse of three other artite oe trent rat wt a fet up by it is evident t omission Would have Jett io nat The suggestion that the tre by thetr silence ty pre in uneerta of the a mode of pro: [duis Wiel, VOLVEEA FU uli MAU Comm bbiiuedy se uu | peeum exampled, can only be accepted on the hypothdsis that they were deliberately preparing an insoluable controversy for those by whom the treaty was to be executed. It appears to me that if the language employed in the case of the other tribunals set up by the treaty be examined carefully a more favorable solution of the difficulty mi found, The words used in each case are somewhat peculiar and lend themselves to the supposition that what the draftsman was thinking of when he employed them was not the question whether unanimity should or should not required, but under what cirenmstances the tribunal should be held to be fully constituted for the purpose of giving a decision. It was obvious that in the course of a pro- tracted und manifold inquiry in which — ques- tions would constantly come up for de- cision, it was @ matter of great practical importance to Jay down whether for each decision the presence of the whole tribunal was required, or whether any condition might be prescribed under whieh, in spite of the absence of any one member, from illness or other cause, a valid decision might yet be given. The difficulty of constructing on the more rigid rule a ned inquiry involving frequent decisions is nary experience. A common mode of escupe from it is to ix some member short of the en- tire complement as the quorun or minimum number which must be present to give validity to a decision. ‘The framers of the Washington Treaty adopted an arrangement somewhat different in form, but similar in effect. They laid down that the decisions shall be valid so long as they were adopted by a number not less than the majority of the whole body. That this is the meaning of the three passages in which the word ‘‘majority” appears may be ered both from the expressions themselves and from the connection in which they are found. The following is a portion of the first paragraph of article No. 13 on the Commis- sion of Civil War Claims:— They shali be bound to reveive and consider all written documents or statements which may be prevented to them by or on behalf of the respective governments in support of or in answer to any claims and to hear, if required, one per- son on each side on bebalf of each government as counsel or agent for such goveroment. On each und every separate claim a majority of the Commissioners shall be suflicient for an award iu each case. Here it is evident that the multiplicity of the claims was the matter speciaily under consideration, and that “the sufficiency of the majority of the com- mission for an award” was stipulation with a view to the possible delay which the requirements of a full tribunal in each case might cause That the majority should be sufficient for an award in the case of one member being absent was a rule which it was necessary to lay down, for where frequent de- cisions are not required provisions of the kind are not customery. On the other hand, it i# a universal practice that upon public arbitrations thus constituted in case of difference of opinion the majority shall prevail. It is, therefore, consistent with sound principles of interpretation to assume that the phrase was meant to apply to the point on which a provision was necessury, and not to the point on which a provision was supertinons. The sume reasoning is applicable to the case of the Geneva tribunal, which had to decide on the alleged failure of neutral duty in Great Britain as to seven- teen different ships, besides questions arising in respect to damages. The Board or Assessors which was provided in case the Geneva tribunal had not awarded a gross sum was a commissiou of claims which would have had to adjudicate upon @ very large auumber of individual losses. In these cases, there- fore. as in that which has just been adverted to, the Joint High Commission took a natural and judicious: course in providing that a decision should not be in- valid by reason of the absence of a member of the tribungl so long as a majority concurred in the award. On the other hand, no such provision was necessary inthe case of the Halitax Commis- sion, which beyond questions of procedure had but ‘one issue before it und but one decision to pronounce. In this case it was not necessary to lay down, as in the other cases, that the majority of the Commissioners should be sufficient for an award, or that all ques- tions should be decided by a majority of all the arbi- trators. ‘This construction of the treaty appears to Her Majesty's government more natural and more respectful to the Joint High Commission than the assumption that, having resolved to leave one par- ticular case to a mode of arbitration which was en- tirely novel and wholly unlikely to issue in a decision, they earefully abstained from the use of any words to indicate the unusual resolution they had formed. FORMATION OF THE COMMISSION, It further appears to Her Majesty's government that a distinct intimation of the true meaning of the Joint High Comunission in respect to the fishery award is to be found in the composition of the tribunal which they adopted. This constitution is consistent with the intention that the majority should decide. It is not consistent with the supposed inten- tion that the dissent of one Commissioner shéuld pre- vent any decision from being pronounced. Lhe twenty-third article of the treaty makes the following provision for the constitution of the tribunal :— Ant. 23.—The Commissioners referred to in the preceding article sball be appointed in the following manner—that tx tu say, one Commissioner shall be named by Her Britannic Majesty, one by the President of the United States and a third by Her Britaunic Majesty and the President of the United States conjointly, and in case the third Commissioner @shall not bave been so named f three months from the date when , then the third © missioner sball be named by the representative at Lon of iy Majesty the Kmperor of Austria and King of Hungary. In ease of the death, absence or incapacity of uy Commissioner, or intne event of any Commiosioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original a] riod of three months, in case of sneb sw jeulated from the date of the ae eye | ‘The Commissioners so named shal in the Province of Nova period after they and shall, — % nient been respectively named, proceeding to any — business, iw colemn declaration that they will imp: fully examine and decide the matters rei the best af their jadgment and sceording to Justice and ity: and such declaration shall be entered on the record heir proceedings. Nof the high contracting parties shall also name one person to, attend the evaninission. ns Ks agent, to represent ft generally in wll matters counected with the ‘commission, ‘This is the ordinary form of arbitration, in which each side chooses an arbitrator; an umpire is chosen by an indifferent party to decide between the two. ‘The appointment of the umpire is of no utility; the precautions for securing this impartiality are un- meaning if the adverse vote of one of the arbitrators may deprive his decision of all force and effect. In ordinary phraseology the decision of a bod bers means a decision come to by a majority of In the common use and understanding of lwnguage this is the interpretation which suggests itself to every reader when it is stated that @ uumber of men have expressed an 0 arrived at @ determination. The requi unanimity is the exception, and, there be conveyed by an explicit statement, course, well known exceptions, as in the case ot trial by jury; but in gach casec the constitution of the deciding body ix diametrically opposed to. that adopted in the case of the Fishery Commission. In- stead of provision that two-thirds shall be named by the parties to the suit, the most elaborate cautions are taken that the whole body shall be uubiaased. It ix evident that when unanimity is to be re- quired, when any one member of the decid- ing body — is have the power of iv nullifying all the proceedings and preventing a decision, snch an arrangement will only be‘endur- able on the condition that cach member shall be chosen so aa to be as far as possible free from any in- clination to exercise that power on one side rather than onthe other. Jf a jury were principle that the plaintiff shon it and the derendant another third would be fonnd to expose themselv: an action at Jaw. Had it 1 known five years ago that an award would be prevented by the dimsent of one of the amem- Lers of an arbitraton constituted on the same prin- ciple, though Ldo not venture to conjecture what the course of the United States government wonld have been, I feel confident that Lnglaud would have de- clined to enter up so untruittni a litigation, THE PRICE 10 BE PAID. Her Majesty’s government may appeal to a cogent proof that in accepting this a tion they did not contemplate that the award was likely to be prevented by the requirement of unanimity. Beheving im ment with & majority of the commission that e to be heavy losers by ti essions contained — in 19 and 21 of the rtheless for five years allowed t come into force, trnsting te the mission would give to them, have done so i ent proof that they did not anticipate a h would make the delivery ot an awa: possible, A valuable property has actually passed into the enje mtot others, and not be recalled, ‘The price to be paid for it was to be determined later by a tribunal agreed upon between t Is it conceivable that they should have d rately con- tituted a tribunal for the purpose, in which « decision could be wholly prevented by the dissent of a mem- ber nominated by the party to whom the property has seed ? Reciproeating cordially the courte sentiments by which Mr, rte’ language 16 ine spired, Her Majesty's government feel lent that the United States yovernivent will not, npon retlee- tion, eee im the considerations which have been ad- od any sufficient reason for treating as « nullity in to which the majority of the commission rived, L have, &e., SALISBURY, Joun Wersu, Eaq., &e. LORD SALISBURY'S AMBITION. us and friendly ., ke, 18 LAYING HIS PLANS TO BECOME PRIME MINISTER, (From the London World.) Never hasan English statesman, with so cynical a contempt of anything like artistic concealment, aa- serted his claim to what is certain to be a disputed political «ucces#ion as Lord Salisbury. There ix no mystery or disguise about it, At an ininense sucri- fice of personal feeling, dignity and public reputation the Foreign Secretary has resolved to secure the re- yersion in the leadership of the conservative party and the post of Premier. By the light of this resolu tion much that would otherwise be incomprehensible in Lord Salisbary’s conduct during the past two years becomes perfectly clear. We understand why How HE he bas consented not only to forget the invective levelled at him by the Prime Min ister in the earlier days of the Cabinet, but | the Prime Minister's «tultification of his diplomatic away on the business of England le Conference last year, Since efiecld Yas more thin onee de- efforts while he w at the Constantine then Lord Bea irresponsible critics. But Lord Beaconsfield and Lord Salisbury know well enough that the only really formidable attacks of which the latter has had to complain were those to which he found himself ex- Posed ia the Cabinet from his chief, when he was ing foiled end fooled by Turkish pachas on the Bosphorus. Nor has the sul ent course of his state ike as) ns run entirely smooth. Lord Salisbury has trom Lord Beaconsfield on mat- ters no less important than the meeting of the Cabinet and the ise nature of the instructions to be sent to Lord mn. But the desire of power has been an overmastering instinct, and the prospect of power has been the consideration which has induced Lord Salisbury to stitle the spirit of personal resent- ment and to subdue the rancorous impulses of a proud and outraged nature. A BAD CHARACTER, There is not a single public statement of any im- portance made by Lord Salisbury in the last eighteen months that he has not falsified in action—not a sin- gle declaration of policy froin whose principle he has tailed to apostatize, As Sir Wil Harcourt said with perfect truth at Scarborough last week, nothing more can be known of Lord Salisbury’s opinions than that the views which he expresses to-day he will probably contradict to-morrow. If it was inconven- ient to have as Foreign Secre an official who def- erentially informed the deputations which mobbed the Foreign Office that he was their servant, there are inconveniences scarcely less obvious in having 4 Foreign Secretary who is the slave of his own capri- ciously despotic spirit. “The Earl of Beaconsfield is staying with the uis and Marchioness of Salisbury ttield.”” Thatis the briet statement which explains ‘Ything. The lust of power has silenced the re- proaches of a pliant pride. ‘The disloyal thwartings and intrigues, of which theamemory of the Constan- tinople Conference is the monument, the Ignaticff alliance, the supercilions protests against the Rus- sian scare in Asia—all these Lord Salisbury has put as completely out of sight as he has the spirit and the letter of his famous Circular, in the space of eighteen months he has been educated by Lord Beaconsfield as completely as the great party to which he belongs. Under this compelling influence he has, witness the Salisbury-Schouvalotf Conven- tion, intrigued like aGreck of the Lower Empire, and, witness the ambiguous utterances on the Marvin revelations, stooped to the equivocations that he once bitterly stigmutised as suited only to the ethics of the political adventurer. Lord Salisbury, therefore, is now ripe for the succession to Lord Beaconsfield, and as the inheritor of his arts and the legatee of his au- thority he is now being visited by Lord Beaconsfield at Hatfield, ‘THERE'S MANY A SLIP,” 4, Lord Salisbury has failed to do what the Prime Minister has long since done. He has not been mind- ful of the words inscribed upon the tripod at Delphi— he has not known himself, Nature intended him for bere, Sve of political virtue; he has chosen to be the hireling disciple of political expediency. He should have been a confessor; he has preferred to attempt the role of conjuror. Imugine Mr. Sclater-Booth essaying a performance on the tight rope of Zazel; and one has: no incorrect idea of the effect produced by the etiort of a Cecil to emulate a Disraeli. These are blunders which the English people, in their jealous respect for their public men and for those traits which they most profoundly honor in the character of public men, are not quick to Sonar When they hear Lord Salisbury denouncing the England of commerce and preaching the glories of the new In:perialism, their minds irre- sistibly revert to the days when Lord Robert Cecil believed in the England of shopkeepers, the commer- cial enterprise of aerated bread associations and in- ternational land companies. Since then the secret of M. Langrand Dumoncean has been buried in the discreet breasts of official liquidators. But the whis- pered tradition remains, and the analogy which it sug- gests between the young nobleman before his succes- sion to the Salisbury coronet was assured, and the ma- tured statesman now that the compact, guaranteeing his succession to the Beaconsfiel f atieriy jue! has been sealed, is so startlingly close that 1t cannot be missed. For every foe that he has dished, how many of his friends has Lord Beaconsfield duped? Lord Salisbury may yet have reason to complain that the treatment which he has received from Lord Beacons- field is compounded in equal parts of the two pro- cesses—that he has been dished as the encmy and duped as the friend. THE GOOCH HEIR. A BARONESS CHARGED WITH PALMING OFF A STRANGE CHILD AS HER OWN. {From the London Standard, Nov. 7.] At the Marlborough Street Police Court yesterday afternoon, before Mr. Newton, a summons was set down for hearing against Lady Gooch and a woman named Anne Walker, charging them with having, at the Grosvenor Hotel, unlawfully combined, conspired, confederated and agreed together to palm off on Sir Francis Robert Sherlock Lambert Gooch, of Benacre Hall, Wangford, Suffolk, and 42 Charles street, Berkeley square, as his own child, born of the body of the said Lady Gooch, a strange child, with intent to defraud and deceive. vg 2 Gooch did not a ; but the other defend. ant, Walker, came to the bar. Mr. George Lewis, Jr., solicitor, appeared on behalf of Sir Francis Gooch, and Mr. Edward Clarke, bar- rister, for Lady Gooch. Mr. Poland watched the case for the reversioner, Lady Eleanor Gooch. On the case being called Mr. Edward Clarke said, I appear on behalf of Lady Gooch, one of the defendants summoned in this case, and I produce a medical cer- titicate which shows that it is impossible for her lady- ship to be here to-day. In these circumstances I have to request an adjournment of the case. Mr. George Lewis—I appear for the prosecution in this case, and I think it ret to say that Mr. James ‘Teevan bas seen the defendant, Lady Gooch, within a day or two, and that she was then only suffering from a slight cold. He isin court, and can give Your Worship some information on the matter, Mr, Clarke—We asked Mr. Teevan to visit Lady Gooch and testify as to the state of her health, She is suffering from great debility and is unable to walk or stand for any time. In addition to that she has a se- vere cold. Mr. Newton—That is what we are all suffering from; but there is no necessity for the lady either to stand or walk for even u short distance. She could be seated here, Mr. Lewis—The certificate produced does not show that this gentleman has been in attendance upon Lady Gooch. It simply shows that he was called in just before the case was coming on. Mr. Newton—We may hear whet Mr. Teevan has to say. ONLY A SLIGHT COLD. Mr. Teevan was hart ps sworn, and, in answer to Mr. Lewis, said—Lam a fellow of the Royal College of Surgeons and reside at No, 18 Chesham place, Bel- grave square; [saw Lady Gooch on the first occasion upon the 29th of October, and on the second and last occasion upon the Ist of November; on the first oc- casion I did not consider that she was suffering from a malady of any kind; but on the second occasion she was suffering from a slight cold, Mr. Newton—Do you consent to an adjournment, Mr. Lewis ? Mr. Lewis—Well, I do not, Mr. Newton—I must say it is simply ridiculous to su we that we should act upon the certificate which has been laid before the Court, Mr, Teevan (in reply to Mr. Edward Clarke).—I was asked to go and see Lady Gooch this morning; but 1 thought it better that I should not continue to attend her lady ship. ts Clarke—Mr. Teevan was not called in by my client. Mr. Lewis—I do not mean to press the case to the extent of asking at present for # warrant against Lady Gooch; but of course, if her Iadyship ix not here after any adjourument which may take place the charge cannot be heard. I shall ask, however, that the other detendant, who is now here, be bound over to appear when again called, ir. Newton—I shall adjourn the case until this day week, and, if Lady Gooch does not then appear, I shall issue a warrant, without werning, for her ap- prehension. Meanwhile the other defendant, now at the bar, must enter into her recognisances to appear ayain next Wednesday. This was done, and the case was accordingly ad- journed, AFRICAN COMMERCE. HOW THE DARK CONTINENT MAY BE OPENED UP TO THE WORLD. (From the London Globe.] In the various schemes for opening up Africa to the influences of civilization the existing means of com- munication in the country are almost ignored; its rivers are not practicable for navigation to any great extent, but in the series of lakes lying in a string be- tween the Soudan and the country to the north of the ‘Trannvaal there exist facilities for traffic and for com- munication with the natives which few countries possess—almost rivalling the magnificent chain of Jakes in North America, but unfortunately uncon; nected with each ot Aroad is now being made from Dar ex Salaamon the east coast nearly oppo- sito Zauaibar to the. northern end. of Lake Nyassa, on which a@ missionary steamer is already plying. The southern limit of this lake is nearly opposite Mozambique, and its total length in @ straight line is 350 miles, Ata distance of 200 niles to the west of the northern extremity of Nyassa lies the southern- mostend of Lake ‘Cangunyike, reaching north-north- west again in a straight line to a distance of over 400 From Zanzibar to Langanyike there is a cara- yan route, through comparatively well known coun- try, so that the lake might be reached either direc w road trom Nyassa; 150 miles, again, nort ei fanganyika is the great Lake Victoria Nyanza, with its companion Lake Albert Nyanza at @ distance of Jess than 100 miles to the northwest and actually connected with it by the River Nile, Tanganyika itselt, though not in actual connection with either of the Nyanzas, is—so far as our present knowledge goos— fed by streams widening here and there into considerable lakes, which are sepa- rated = =by only @ short distance from similar streams and lakes which feed the Nyanzas. Nearly the whole of the region feferred to is fairly well explored and peopled by tribes oither quite friendly, or, at least, not actually hostile. ‘To ph steamer of considerable dimensions on lakes Nyassa d Tanganyika would not involve any very great cost—not a fraction of what would be required for the construction of 100 miles of railway, The formation ynecting the lakes would eventually be of canals, giving an nn . north latitude to This suggestion isin ; but whereas ft rail an cChormous quantity t and widiuteined with- way means the importation « of material, a caval can be wd the wtiaeks made noon bis uoble igiend by | out any espqusiye ayplivuces, ! FNGLAND AND FRANCE The Misunderstanding on the Eastern Question Explained. FRANCE SPEAKS PLAINLY The Anglo-Turkish Convention, Cyprus, Egypt and Lebanon. Some interesting diplomatic correspondence has récently been published in an English Parliamentary paper which throws considerable light on the mis- understanding between England and France with re- gard to the Anglo-Turkish Convention, the occupa- tion of Cyprus and the danger of English influence becoming paramount in Egypt. Lord Salisbury, in @ communication addressed to M. Waddington, dated July 1, after admitting Fngland’s isolation in Europe and the danger to her Asiatic possessions, says: On the other hand Her Majesty's government could not leave Western Asia lying unprotected at the feet of Bussia, The prestige of her victories, proclaimed by the conquest and retention of so well known & fortress as Kars, would have announced her to the Mesopotamian and other Asiatic populations as the coming Power, and the existing yovernment would have lost all ho!d on their hopes and fears, The dis- integration and practical absorption of the countries lying between the sea and the Persian frontier must have inevitably followed. The interest of England in the maintenance of the political status quo in those countries is too great to allow “Her Majenty's rument to acquiescs in such a result, y have, therefore, thought it necessary.to undertake the onerous obligation of » defensive alliance with Turkey if Russia should at- tempt to extend her annexations beyond the frontiers which the present negotiations will assign, Her Majesty’s Government cannot perform this engage- ment from such a distance as Malta. ‘The experience of the present war has convinced them that, under the existing conditions of warfare, such a task would be almost impossible. The Sultan has, therefore, aaadgned to England the Island of Cyprus, to be oceu- pie and administered by the British Government. during such time as tho defensive alliance shall last. Her Majesty’s government have turther made an agreement, of which Lalso enclose a copy, that when- ever Russia. shall, from whatever reason, return to her Asiatic frontier as it existed before the last war, they will immediately evacuate the island, and that immediately they will annually pay the Sultan what- ever is ascertained to be the surplus of revenue over expenditure, MINDFUL OF FRENCH FERLING. + i Your Excellency is well aware that the advice has been from various quarters repeatedly pressed upon Herp Majesty's government to oceupy Egypt or at least to take the borders of the Suez Canai. Such an operation might not have been at variance with Eng- lish interests and would haye presented no material difficulties. But this policy has never been enter- tained by Her Majesty's government. We had re- ceived an intimation from the French gov- ernment that any such proceeding would be very unwelcome to the French people, and we could not but feel the reasonablenesg of their objection under existing circumstances. Her Majesty's government have constantly turned a deaf ear to all suggestions of that kind. They have likewise been recommended to ocenpy some port on the coast of Syria, such as Alex- endretta, but they felt that, however carefully guarded, such a proceeding might, in the present temper of men’s minds, be construed as indicating an intention to uequire territory on the mainland of Western Asia, and they did not desire to be sus- pected of designs which are wholly absent rom their thoughts. They have, therefore, preferred to accept from the ‘Sultan the provisional occupation of a position less advanta- geous indeed, but still suflicient for the purpose, and not exposed to the inconveniences I have mentioned. How long the occupation will continue it is impos- sible to foresee; but her Majesty's government are not without hope that Russian statesmen will in due time sutisfy themselves that the territory they have acquired is costly and unproductive, will recognize the futility of any plans which in any quarters may have been formed tor making it a stepping stoue to further conquests, and will abandon it as 4 useless acquisition. In that case our raison d'etre at Cyprus will be at an end, and we shall retire, ‘M, WADDINGTON'S REPLY, ‘M. Waddington’s reply was dated July 21, and ¢om municated by the Marquis d'Harcourt July 23. The following are the principal points :— : ‘The convention signed at Constantinople on the 4th of June last between England and Turkey, and which was not made public until the beginning of this month, produced a considerable sensation in all quarters as soon as it became known. ‘This impres- sion has been deeper in France than anywhere else. It is not that any special predisposition in that country induced the public mind to receive with mistrust or to judge with severity the acts of the British government. The cordial re- lations which have for so many years existed between the two nations to their mutual’ advantage, the mul- tiplicity and complexity of the ties which bind them to each other, the fecling even of the injury which may have resulted to each of them in former times in consequence of their temporary estran, ment—all these © vould have been sufficient to preclude pnblic opinion in France, taken in its entirety, from an unfriendly appreciation of the conduct of the Cabinet of London, even had it not been impelled by long habit to associate, cspe- cially in Eastern’ affairs, its own canse with that of Engiand. PRANCE’# INTERESTS IN THE LEVANT. But that which has touched France to the very heart isthe fear that beyond the sphere of those general interests which link us with Great Britain, those special interests which we protect in the Levant, and the preservation of which we cannot give up without the most serious mate- rial and moral detriment, might be en- dangered in consequence of the new position as- by the English government. I was careful to nterests by forinal reservations before accepting th itution to the Congress of Berlin. I expressly excluded from all discussion the state of things existing in the Lebanon, the holy places and in Egypt. All the Cabinets agreed to this reservation, snd the public were informed of it. Was not, ther the outburst of surprixe and uneasiness which took beg in France justified when it was known hat England was about to occupy an island in_ the Mediterranean, situated in t! most favor- able strategic aud maritime position for command- ing, at the same time, the coasts of Syria and of Feypt: and that, in addition to this direct advantage, England also was to acquire a right to intervene henceforth actively in the administration of all ti territories of Asia subject to Ottoman jurisdiction? This current of public feeling was so natural in the circumstances under which the Anglo- Turkish Treaty was divuiged, it was even #0 well foreseen by the clear sighted statesmen who direct the affairs of Great Britain, that before making public the treaty of the 4th of dune Lord Salisbury endeavored to disarm beforehand an; unfavorable impression whi ‘ht form wit ? to it, It was with t not doubt, that His Excellency, in bringing officially to my knowledge at Berlin, on the 7th iust., the convention signed between Safvet Pacha and Mr. I, , WON me his communication with a despatch, of whic have the honor to transmit to you herwith @ copy. h ENGLAND LEFTY TO ACT ALONE, This document, which in itself possesse value in our eyes, acquires a still more valuable nification for us from the yerbal commentarios will which it was accompanied by Her Majesty's Princi- pal Secretary of State at the interview which, after reeciving his communication, I judged it indixpensa- bile to have with him, I shall not wait to examine the considerations of a general character by which Lord Salisbury’s despatch explains or characterizes the determination adopted by the British yovern- ment; they are expressed in a form courteous to us, and [ admit that France and Austria, having refused to intervene under the conditions pro- vided for by the ty of April 16, 1856, England was naturally led to act alone, and to seek means to restore her prestige in Asia, which had been weakened by the establishment of the Russians in a fortress so important as Kars, But I desire here to confine m self to those passages in which the English Minister repudiates, in the nm of his government, policy which would tend to the acquisition of 4 material footing either in on the banks of the Sues ¢ of We nm Asia, The al ment of any pation of this kind was, according to jarqnis of Selebury, the result of the desire of British government not to arouse the steceptl- bilities of France, and of their appreciation of the legitimate nature of the objections which we must have raised to any auch designs, Adopt- ing in my conversations with Her Majesty's Principal "Secretary of State the point of departure which had been furnished me by his written commmupication, Ihave pointed out to him thot if all objection on our part was to be removed it would be necessury for us to obtain from the English of such a nature os as to the future of nsiders to be con. he existing state of ypt or e only or on the con- maintenance of and Kyypt. NCE AS A MEDITERRANEAN POWER, ring to France’s protectorate of the Vebanon Obristians M. Waddington continues :— We are the first, to recognize how indispensable a matter it is for her to maintain as an absolute princi- he freedom of her communications through the 2 Canal with her Indian possessions, But while respecting her position as a great Asiatic Power, we ha we think, « right to claim a similar respect for our own country as a great Mediterranean Power, We wish, therefore, to that in the future, as in the be amature yvernments will tet in concert, in order or two that, b pt the Nile Such are the conditions pear ty me impossible to cordial aud frauk rela- may be pre without which it would app ktarantes the comtinuaace of _—— 48 Aneate tions, it is equal, wish of Salisbury and Tayaelt te Un ‘| pr between govern: ae well as the nations of France and THE EGYPTIAN QUESTION. Lord Salisbury in his reply, which is dated Augus! 7, says:— Pa the views to which he gave expression were very friendly character, for it has always been the earnest desize of ‘Majesty's govermment to wort cordially with that of France in promoting the devel- opment of Egyptian resources, England has a special tie to Egypt, bceause it is the highway to ber Eastern possessions; but the gat economical and plilan- thropic objects which diplomacy is pursu- ing in that country interest Trance and iigland in ap equal degree. Neither Power desires to establish any torial settlement in Kayne. or to interfere in any way with the dynasty of the Khedive at present cstab- lished there under the suzerainty of the Sultan. Botb desire the stability and firmness of his rule; at the same time that both are urging with carnestness the prosecution of these reforms which alone can rescue his people from misery and his finance from its present condition of profound embarrassment, The English agent has constantly been instructed that it is the curnest desire of Her Majesty's government to work heartily in tion with that of France, and t) wish ‘has influenced their policy, sometimes ever the prejudice of other important considerations. ‘They were carnestly — dissu by some of the authorities best acquamted with the cir- ‘oumatances from joi! with the French oR ernment in requiring tt the coupon of last May shonid be paid in full; but they preferred to risk the evil consequences which were predicted, and ap- peared not improbable, rather than part company with France in the matter. There appears to be no danger of any misunderstanding between the two Powers upon ‘this question. The common object of both is that the Khedive’s dynasty may endure, that his people may prosper and that his debts may be paid, In their sincere co-operation, free on both sides from any ulterior designs of territorial acqnisi- tion, lies the only hope of enduring prosperity and progress for Egypt. Lam, &c., RUSSIA TRIUMPHANT. THE FINAL DESTRUCTION OF THE TREATY OF ie BERLIN. [From the London World.) Sir William Harcourt, in a letter which he has ad- dressed to the 7'imes on the execution of the Treaty of Berlin, concludes by remarking that instead of peace with honor we shall probably before long find oure selves face to face with the dreadful alternative of “war ordishonor.” As we pointed out this fact to our read ers last week in almost identically the same language we are glad to find our appreciation of the situaticn adopted by so high an authority. The sooner the delusion is dispelled that the Treaty of Berlin retains any European value whatever or that any of the signatory Powers, unless it be England, will raisea finger to prevent Russia from taking Constanti- nople, the better. When the Russian Plenipotentia- ries at Berlin proposed a clause which should bind the Powers to see that the treaty was carried out, Lord Salisbury, suspecting a trap in anything that emanated from Count Schouvaloff, rejected a stiputae tion which would, in fact, have afforded a protection to England and seriously embarrssed Russia, The result is, that morally the European Powers are not bound to see that the treaty is carried out, but are rather expressly relieved from that obligation by the rejection of the clause proposing it. It is imagined by those who refuse to recognize the imminence of the peril that the dignity or the interests of the othes Powers would compel them to intertere if Russia threatened to take Constantinople. AUSTRIA DARE NOT MOVE. This hope is absolutely without foundation. Austrig is powerless to act in concert with England against Russiaf or many reasons, the principal one being that it isalready secretly arranged that she is not to do 80, but to receive an extension of territory reaching td the Jigean as the price of her neutrality. If she is false to her part of the engagements, and goes to war with Russia, she may expect to lose her German Pell to Germany and her Italian territory to italy, besides having serious Slav troubles within her own borders, Germany has no immediate interest ta interfere in the Eastern question, and will no more go to war now to prevent Russia entering Con- stantinople than she did when the vite armies were at the @ ot that city last year. She will take her compensa tion elsewhere. Italy will certainly not go ta war as anally of Turkey, considering that she looka to receiving a slice of Albania when the distribution of territory takes place. France has repeatedly de- clared her intention of maintaining, under all circum- stances, a benevolent neutrality; and we already see indications in both the French and German press of @ aie eal set a4 Turkish against Lee See of the treaty and so escape all respont in to that unhappy document. vs NOT BOUND BY ANYTHING. Russia, practically relieved from the engagements she had entered into at Berlin, is therefore establish- ing herself in Roumelia, increasing her armies and ore gunizing a government entirely irrespective of Euros pean commissions or any other diplomatic trammels, She is, moreover, exciting the whote of the non-Mus suluan population of Turkey not included in the wutonomous province to revolt. She is luboring to reconcile the Greek and Slav elements and bring about a tripartite arrangement between Montenegyo, Servia and Greece; and thése three States, co-operating with the Macedonian insur: gents, will produce a conflagration extending the Danube to the Zgean. There can be no doubt that such a war, in which Slav and Greek unite inst Mohammedan, will be unparalleled for fansti- cism and horrors. The Albanian League, the Rho- dope insurgents and the Turkish regular army would unite to suppress an insurrection openly aided b; three independent adjoining Christian States; and Russia, prompted by humanitarian feelings, and un- able to endure the spectacle of Christians suffering, will probably first indirectly furnish wid in the shap¢ ef en and volunteers, and then openly espous¢ their cause. REASONS POR DELAY. The position of an army of 100,000 men on the south of the Balkans will give them s commandii ane from which to throw oil on the flame whi ‘sconsiming the Empire, until the moment see opportune to pounce upon the capital, That this no imaginary danger may be gathered from the energy with’ which Baker Pacha is pressing for- ward the fortifications at Constantinople; and there can be little doubt the recent decision of our own Cabinet to temporize with the Afghan difficulty, with the hope of postponin; operations till spring, has been prompted by the al- tered conditions which have arisen within the last month, The government now sees that, with the Treaty of Berlin torn up, with every element which it was supposed to have controlled let loose in Europe, with Russia in afar more commanding and powerful position in Turkey than she was in when she concluded the Foon A of San Stefano—for she has & new army created and her position and lines of com- munication secured—England is in no position to go war in India. The interests at stake on the Boss phorus are infinitely more important than those gon the northwest frontier of India, and the “dishonor” of seeing Russia in Constantinople would be a far greater blow to our dignity than that of Dosiponing the ‘war’ against the Ameer until it suits us to um dertake it. SANCHO ON HIS ISLAND. {From the London World.) Sir Garnet Wolseley is scarcely to be congratulated on this display in the art of apologetics, That he should not like to have Cyprus abused is natural, and that he should vilify every pen which is not affected, to his cause might be inferred from an acquaintance. with the guiding principles of his career, and what have been the indispensable aids to his success, Cyprus has been Sir Garnet Wolseley’s opportunity, It has been to him what the prospects of an Afghan war are to the clique of sabre-rattling prwtoriaus, who just at present would, were it not for the tight hand keptover them by the home government, have the destiny of India in their hands, Sir Garnet Wolseley wanted anew avenir, and Her Majesty’s Ministers were induced to think they wanted Cyprus. In the old days there was a great distrust on the part of Captain Sword of Captain Pen. The Duke of Wellington is not the latest general who has regarded the presence of “our own cot it mnch as that of a paid informer. The hero of Ash- antes has div himself, with le impar- tinlity, of this prejudice, Indeed, a staff of friendly “gpecials” appears to him an important elemeut ip successful strategy. There is something very in structive in this close elliance between war and litera career on Which Sir Gar- course shrink gly le} , but for the materials ot which the author dec! hat he is profoundly in- debted to Sir Garnet. hi . Publicity, in fact—the ‘pubhici ven by the pon—is what Sir Garnet hero- Pereeiothter: But then it must bo publicity which is also. ric. The commandant of Cyprus is not accustomed to contradiction or to criticism, He en- circles himeelf with satellites who are newspaper cor+ respondents, but they must be eulogists well. He likes the preas above everything; but then he must “collar” it. If a newspaper correspondent declines to take his inspiration from the hero of Ashantee, then the hero gives him the sarne moasure as he has meted out to Mr. Forbes. Mr. Forbes had, as le always has, the courage and tho ability of his convictions, —Ié ‘was something quite new to Sir Garnet Wolseley; and accordingly, a4 tacts and figures are as hostile to him as Mr. Forbes’ “On the Fiasco of Cyprus,” he at tempts to apply to that admirable journalist the same treatment as Pope’s shallow sneerters applied te Berkeley. All this is very natural, and Cig ips aor cusable; only it is as well that it should be distinctly understood, The military agents of the new linpe- rialism find time hang heavy on their hands, There was nothing more to do in Ashantes, and the hero of Ashantee and his men sighed for a new world to com quer, ‘They could not yet a world to conquer, but they persuaded the government to find them au island to adininister, Aud thoy may administer it well enongh after the approved military fashion, with psendo-scientifie Bobodils tor jw tox vollect- ors; but then let Sir Garnet W y comsine to lis aduaiuistrative praises,