Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
It looked as if the work of the commissioners, who had framed the
Treaty, and of the Arbitrators, who had now given six months of their
time to its execution, would go for naught, and that the Governments
and the people of the two countries would be thrown back into the
relations existing during the years 1869 and 1870, with intensified
feelings of hostility. The Arbitrators realized the seriousness of the
situation and did not yield to the request of the British agent. They
adjourned to the 19th of the month, that is for four days only, in
order to deliberate upon the proposition. When they reassembled on the
19th the President of the Tribunal announced that the Arbitrators had
decided to inform the two high contracting parties, at that {314}
juncture, that the Arbitrators did not consider the claims for national
and indirect damages to be a good foundation in international law "for
an award of compensation or computation of damages between nations;"
but were unanimously of the opinion that such claims should "be wholly
excluded from the consideration of the Tribunal in making its award,
even if there were no disagreement between the two Governments as to
the competency of the Tribunal to decide them." The President said
further, that the Arbitrators made this announcement in order that the
Government of the United States might consider if it would adopt some
course in reference to these claims, which would relieve the Tribunal
from deciding upon the request of the British agent for an adjournment.
The President of the United States was duly informed of this
announcement by the Tribunal, and, upon the advice of the learned
counsel for the United States, he instructed the agent of the United
States to make the following reply to the Tribunal:
"The declaration made by the Tribunal, individually and collectively,
respecting the claims presented by the United States for the award of
the Tribunal for, first, the losses in the transfer of the American
commercial marine to the British flag, second, the enhanced payment of
insurance, and, third, the prolongation of the war and the addition of
a large sum to the cost of the war and the suppression of the
Rebellion, is accepted by the President of the United States as
determinative of their judgment upon the important question of public
law involved."
This reply was read to the Tribunal on the 25th of June, and on the
27th the British agent, under instructions from his Government,
withdrew his request for an adjournment and filed his argument.
Public-domain text, read in full here on John Shaqi.
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