THE ALABAMA QUESTIONREFUSAL OF COMPENSATION.

West Coast Times, Issue 93, 4 January 1866, Page 3

THE ALABAMA QUESTIONREFUSAL OF COMPENSATION.

At last wo know tho nature of the demands made by America for tho losses inflicted by the Alabama, and other Confederate cruisers escaped from our ports, and the answer of our own Government. There is no longer' any menacing mystery in tho matter.. Thepublication of the correspondence between Mr Adams and Earl llussell places tlio subject in ajl ijs bearings before us ; and it is not often that questions, involving moro important considerations, precautionary as well as retrospective come under discussion. The rights of all neutral nations are affoeted.jand our own position in tho future, not less than tho commerce which has suffered. , But the die is cast, and the country without fear accepts tho isMio ; wo Avail with a measure, of impatience some symptoms of tho final action of American Government, and while wo havo no apprehension of immediato war, fire yet prepared for 1 the worst, should loucl-tongued demagogues ever force it upon us. Most Englishmen will have been prepared for our formal refusal of the Northern claims to compensation. You will not expect me. 'to follow in detail the voluminous arguments by which either diplomatist enjleavors to woke good his caso. The correspondence, which consists of five elaborate le^orjj <^fc])nnge(| bo|,woen

April and September, is conducted on both sides with much dignity and moderation of language, and with many expressions of a desiro to maintain amicable relations. But the points of difference between the two governments remain as they were ; thcro does not appear to be the slightest approach to a substantial agreement, For the proposal of Earl Russell to refer to a mixed commission " all claims of tho two nations which their respective governments shall agree to submit," has but tho semblance of relation to the question in dispute, and oilers no real solution of tho difficulty. The constitution of such a commission, so as to secure an impartial decision, such as should command final assent, would bo itself a work of no small labor ; but wo are relieved from this consideration by a semi-official announcement which corrects the first popular impression, and makes it clear that tho Alabama claims would not bo included amongst those which our Government* would "agreo to submit," supposing such a court established.

■ Mr Adams puts tho case strongly, as unparalleled in the history of tho world, to the effect that'" Great Britain, as a national power, is fast acquiring tho cntiro maritime commerco of the United Slates, by reason of tho acts of a portion of Her Majesty's subjects engaged in carrying on war against them on the ocean during a time of peace between the two countries;" and he further contends that by our precipitate and unprecedented recognition of the belligerant rights of tho Confederates before they had a single vessel afloat, we virtually created their navy, which also we " have nursed and maintained to the present hour." Earl Russelly-and in this point ho is supported by Englishmen of all shades of political opinion —on the other hand argues that it was the Northern Government itself which, by tho proclamation of a blockade, first acknowledged tho insurgents as x belligerents, ancV rendered inovitablo, tho course we adopted for the protection of our own interests. It seems idle to dispute about tho priority of dates, in regard to consecutive acts of the two Governments, seeing that tho same determination must have been reached a few days earlier or later through tho force of* circumstances, which left no alternative ; but it can be clearly shown that tho British Government had positive information of the President's proclamation before it took this necessary step— nay, that the very announcement of the blockade implied •' an existing state of war," which alone, would have sufficed to justify its procedure. In. the particular case of tho Alabama, the Foreign Secretary, reviewing the facts, asserts that there was no official neglect, and that all possible vigilance was used. Taking more aggressive ground, he next points .out that the United States did not give compensation to either Spain or Portugal for losses which their merchants had sustained under similar circumstances ; and ho quotes in evidence the statement of Mr Adams' own grandfather, that " for such events no nation can in principle, or docs in practice, hold itself responsible." In reply, Mr Adams contends that by an alteration in the law t)io American Government did meet the just claims of these countries ; and he also enters at much length into the .circumstances preceding the escape of tho Alabama^ complaining that not only was sho allowed to get to sea through flagrant negligence, but that sho was permitted to re-enter our ports, and was, indeed, treated with hospitality, whereas the British Government might at any time hove legitimately seized hor, as a ship built in violation of her neutral territory. To these statements Earl Russell replies in detail, returning to tho subject after an interval of three months. As to tho alteration of the laws of tho United States, at tho request of the Portuguese Minister, he observes that tho law then adopted, and for which Mr Adams takes credit to his country, subsequently became the model of the laws nt present existing in Groat Britain. Finally, he refers- to tho proposal made some tune ago to submitthe subject in dispute to arbitration, and this order he declines. The questions raised according to his view, resolve themselves into two — first, whether tho Queen's Government havo acted in good faith in maintaing their declared neutrality ; and second, whether the law officers of the« Crown correctly interpreted a British statute. '• Iler Majesty's Government," ho justly adds, " aro sole guardians of their own honor. They cannot admit that they have acted with bad faith in maintaining tho neutrality they professed. The law officers of tho Crown must bo held to be better interpreters of a British statute than any foreign Government can bo presumed to bo. Her Majesty's Govorn- • incut must thercforo . decline either to mako reparation and compdnsation, or to lefer tho question to any foreign state." In his last letter, which bears date the 18th ultimo, Mr. Adams still further pursues the controversy ; and intimates his conviction that, if tho doctrines and practices of tlio British Government are allowed to becomo tho rule, tho United States will not be the greatest loser by thorn. Thus the caso now stands. Notwithstanding his ingenuity, it is impossible not to feel that Mr. Adams sometimes writes as much for his countrymen as for pur Foreign Secretary — as, for oxnmplo, when he carefully measures out tho limits of his belief in tho sincerity of our Government. That he has had to draw on his invention for theories when facts havo failed him, appears ajso in his argument that, if wo had not acknowledged the Confederates as bclligorcuts, a simply municipal blockade, not affecting vessels on tho high seas, might havo been declared. His strongest point bears upon the conduct of tho Liverpool authorises, that by greater caro they did not prevent tho Alabama from leaving their port. Ono thing ho makes perfectly clear — tluit America has ojmnged her views as to the duties and. WtyQ^\\f\\[\\Qs of "neiUrab ?inljons,

I to "the light In which this correspondence is vcgiirded here, I do not think I o,it iVi saying that Ihd great bulk of the people heartily support tlio Government in tho course it has taken, aa from tho first consistent with its avowed neutrality. There are some, however, who would submit, no', tho " honour" of the country, but the general questions, which they hold not to affect it, to arbitration. 'And, -while admitting tho very serious injury inflicted on American commerco to have been beyond our most friendly control, there is a still more influential party who would bo glad to take advantage of tho present opportunity for tho settlement of some of these dobatcablo questions of international practice, so fruitful in recurring danger to ourselves ; and be willing — evon this has been hinted — to purchase by fair indemnity a treaty -which should rcmovo them out of the region of ! contested precedents into the honourable guardianship of undisputed law.