PART VI.

THE TRIBUNAL SHOULD AWARD A SUM IN

GROSS TO THE UNITED STATES.

American Com

Joint High Com

In the opening conference of the Joint High Offer of the Commission relating to the Alabama Claims, the missioners in the American Commissioners stated the nature of the mission. demands of the United States. They said that there were "extensive direct losses in the capture and destruction of a large number of vessels with their cargoes, and in the heavy national expenditures in the pursuit of the cruisers, and indirect injury in the transfer of a large part of the American commercial marine to the British flag, in the enhanced payments of insurance, in the prolongation of the war, and in the addition of a large sum to the cost of the war and the suppression of the rebellion." They further said that the amount of the direct losses to individuals "which had thus far been presented, amounted to about fourteen millions of dollars, without interest, which amount was liable to be greatly increased by claims which had not been presented;" and that the direct loss to the Government "in the pursuit of cruisers could easily be ascertained by certificates of Government accounting officers." They added that

.

Rejection of the

offer by the

"in the hope of an amicable settlement, no estimate was made of the indirect losses, without prejudice, however, to the right of indemnification on their account in the event of no such settlement being made."1

The British Commissioners declined to make British Commis- the "amicable settlement" which was proposed on

sioners.

submission by the Treaty.

Terms of the the part of the United States. The Joint High Commission then entered into negotiations which resulted in an agreement "in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of such claims," that all the claims "growing out of the acts committed by the several vessels which have given rise to the claims generically known as the Alabama Claims," should be referred to this Tribunal of Arbitration. was further agreed that this Tribunal, should it find that Great Britain had, by any act or omission, failed to fulfill any of the duties set forth in the rules in the sixth article of the Treaty, or recognized by principles of International Law not inconsistent with such rules, might then "proceed to award a sum in gross to be paid by Great Britain to the United States for all the claims referred to it."

1 Ante, pages 10, 11.

It

The claims as stated by the American Commissioners may be classified as follows:

1. The claims for direct losses growing out of the destruction of vessels and their cargoes by the insurgent cruisers.

2. The national expenditures in the pursuit of those cruisers.

3. The loss in the transfer of the American commercial marine to the British flag.

4. The enhanced payments of insurance.

5. The prolongation of the war and the addition of a large sum to the cost of the war and the suppression of the rebellion.

So far as these various losses and expenditures grew out of the acts committed by the several cruisers, the United States are entitled to ask compensation and remuneration therefore before this Tribunal.

The claims for direct losses growing out of the destruction of vessels and their cargoes may be further subdivided into: 1. Claims for destruction of vessels and property of the Government of the United States. 2. Claims for the destruction of vessels and property under the flag of the United States. 3. Claims for damages or injuries to persons, growing out of the destruction of each class of vessels. In the accompanying Volume, VII, the Tribunal will find ample data for determining

the amount of damage which should be awarded, in consequence of the injuries inflicted by reason of the destruction of vessels or property, whether of the Government or of private persons.

The Government vessels destroyed were of two classes-those under the charge of the Treasury Department, and those in charge of the Navy Department. The Tribunal of Arbitration will find in Volume VII detailed statements of this class of losses, certified by the Secretary of the Navy, or by the Secretary of the Treasury, as the case may be.

The United States reserve, however, as to this and as to all other classes of claims, the right to present further claims and further evidence in support of these and such further claims, for the consideration of this Tribunal; and also similar rights as to all classes of claims, in case this Tribunal shall determine not to award a sum in to the United States.

sent

gross

The United States, with this reservation, predetailed statement of all the claims which have as yet come to their knowledge, for the destruction of vessels and property by the cruisers. The statement shows the cruiser which did the injury, the vessel destroyed, the several claimants for the vessel and for the cargo, the amounts insured upon each, and all the other

facts necessary to enable the Tribunal to reach a conclusion as to the amount of the injury committed by the cruiser. It also shows the nature and character of the proof placed in the hands of the United States by the sufferers. The originals of the documents referred to are on file in the Department of State at Washington, and can be produced if desired. The United States only ask a reasonable notice, giving them sufficient opportunity to produce them.

sons.

It is impossible, at present, for the United States Injuries to perto present to the Tribunal a detailed statement of the damages or injuries to persons growing out of the destruction of each class of vessels. Every vessel had its officers and its crew, who were entitled to the protection of the flag of the United States, and to be included in the estimate of any sum which the Tribunal may see fit to award. It will not be difficult, from the data which are furnished, to ascertain the names and the tonnage of the different vessels destroyed, and to form an estimate of the number of hardy, but helpless, seamen who were thus deprived of their means of subsistence, and to determine what aggregate sum it would be just to place in the hands of the United States on that account. It cannot be less than hundreds of thousands, and possibly millions of dollars.