The Life and Times of Queen Victoria; vol. 4 of 4Wilson, Robert
History
The Life and Times of Queen Victoria; vol. 4 of 4
Wilson, Robert
Great Britain -- History -- Victoria, 1837-1901; Victoria, Queen of Great Britain, 1819-1901
The story of the controversy on the “indirect claims” may here be told.
The United States, in extremely conciliatory despatches, insisted on
including these claims in their case. They argued that it was for the
arbitrators at Geneva to say whether they were or were not admissible
under the Treaty. They rested their contention on an ambiguous phrase
which Lord Ripon and Sir Stafford Northcote had unfortunately permitted
to pass unconnected into the Treaty. The first Article of that
instrument described its object to be that of removing and adjusting
“all complaints and claims,” &c., “_growing out_ of acts committed by
the said vessels, and _generically known as the ‘Alabama’ Claims_.”
This certainly gave the Americans a plausible excuse for demanding
“consequential” as well as direct damages. On the other side, the
English Government argued that all the concessions made by the British
Commissioners at Washington were made on the understanding that the
“indirect claims” were not included in the Treaty; that in all their
correspondence with the Washington Department of State no claims save
direct claims were ever “generically” known as the _Alabama Claims_;
and, lastly, that their interpretation was publicly expressed and well
known to the United States Government, people, and Minister at the
Court of St. James’s, and was never objected to by either of them. It
would, however, have been easy to put the point beyond dispute when
the Treaty was drawn up by specifically barring all indirect claims.
When Lord Ripon and Sir Stafford. Northcote failed to do that they were
guilty of negligence which, if brought home to the diplomatists of
either Russia or Germany, would have procured for them, not rewards and
honours, but punishment and degradation. Fortunately the dispute ended
happily. Lord Granville for once acted with the firmness becoming the
representative of a great nation. When the arbitrators met at Geneva,
the representatives of England persistently refused to take part in the
proceedings till the “indirect claims” were withdrawn. The arbitrators
then adroitly extricated the agents of the Washington Government from
a false position. They met and declared that, without reference to
the scope of the Treaty or to the merits of the dispute as to its
interpretation, which England refused to discuss before them, they
were agreed that “indirect claims” could never, on general principles
of international law, be a tenable ground for an award of damages in
international disputes.
Public-domain text, read in full here on John Shaqi.
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