Correspondence Concerning Claims Against Great Britain: Rebel cruisers. Negotiations concerning claims convention

14 Mr. Johnson to Mr. Seward.

Sept. 12

Mr. Seward to Sept. 23
Mr. Johnson.

Oct. 20

Lord Stanley to

Oct. 20
Oct. 21

Oct. 24

Oct. 25

Oct. 27

Oct. 28

questions, and then to ascertain the dispo-
sition of the British government toward
the adjustment of the claims by a commis-
sion similar to that of 1853.

From the result of his interview with Lord
Stanley, is convinced that all differences
can be satisfactorily adjusted; but submits
the policy of arranging the San Juan and
claims matters before the settlement of the
naturalization question, if the latter should
be delayed by Parliament.
Instructs Mr. Johnson, in case he shall be
convinced that the naturalization affair
will be satisfactorily adjusted, to open con-
current negotiations upon the San Juan
and claims questions, but not to close the
latter until the former convention shall
have been completed.

Asks permission to sign claims convention
on basis of treaty of 1853.
Asks if Alabama claims can be left to arbi-
tration of King of Prussia.
Has had interview with Mr. Johnson, and
explained to him the impracticability of
submitting the question of culpability of
the British government involved in the
Alabama claims to the judgment of a com-
mission; also, suggested either the Presi-
dent of Switzerland or the King of Prussia
as arbiters. Her Majesty's government
could not agree to submit the question of.
premature recognition, but thought that
difficulty might be avoided.
Directs Mr. Johnson to insist on claims con-
vention like that of 1853, without naming
arbiter. That can be done by commissioners.
Asks if claims convention can be hastened.
Dispatch received. Will try to hasten claims
convention.

Hopes to conclude convention on Alabama

and all other claims on basis of treaty of
1853. Lord Stanley is reluctant to leave
decision of the questions of international
law involved in the Alabama claims to a
commission; but will probably consent,
provided the selection of an umpire in
those cases be left to the government in-
stead of to the commissioners. The arbi-
trator is not to be restricted, but will con-
sider all points involved in the claims.

Oct. 29 Expects to sign claims convention, as in-
structed, next week.

Oct. 31
Nov. 7
Nov. 7

Mr. Seward to

Mr. Johnson.

Mr. Johnson to Nov. 10
Mr. Seward.

nation, selected by the two governments,
who is to decide such of the Alabama and
similar claims as the commission do not
unanimously agree upon. If the arbitra-
tor's decision on any claim be in favor of
the United States, the commission are then
to adjudicate the amount payable thereon.
All questions, upon the decision of which
claims may rest, (including that of prema-
ture recognition,) may be raised before the
commissioners or arbitrator. Each govern-
ment is to be represented before the com-
mission by an agent. All claims must be
presented within nine months after first
meeting of commission, and decided within
two years. The correspondence and evi-
dence now in possession of each govern-
ment are alone to be considered in the de-
cision of the Alabama claims, unless fur-
ther argument or evidence be called for by
the commissioners or arbitrator. The de-
cision is to be conclusive. No claims aris-
ing prior to July 26, 1853, are to be con-
sidered. All awards are to be paid in coin,
or its equivalent. Most of the evidence be-
ing in England, the commission is to sit
in London.

Incloses copy of claims protocol just signed 705
with Mr. Johnson.

Not received claims protocol. Commission
must sit in Washington.

706

Nov. 12 Will try to have commission sit in Washing- 706
ton, but from previous instructions thought
it unimportant, as all the proof is in Eng-
land and arbitrator will probably be
European; London is better.

In view of highly disturbed national sensi-
bilities, commission must sit in Washing-
ton.
Had received no instructions to insist upon
Washington as the place for the commis-
sion, and referring to No. 375 to Mr. Adams,
concluded it was not regarded as important,
as proof in Alabama claims is all in Eng-
land, and as the umpire will probably be
European, London was thought the bet-
ter place. Will try, however, to have the
change made.

706

Nov. 10

Nov. 11

Nov. 12

Nov. 14

Nov. 16

Has reason to believe Washington will be
agreed to.

707

Incloses additional article to claims conven-
tion, changing place for sitting of the com-
mission from London to Washington.
Transmits copies of additional article to
claims convention.

708

Nov. 27 Proposes amendments to the claims proto- 709
col which are considered essential. The
commissioners appointed by the President
must be confirmed by the Senate. Wash-
ington must be substituted for London.

Provisions for separate consideration of the Alabama claims must be stricken out. If these changes are agreed to, Mr. Johnson is instructed to sign this and the San Juan convention. Has received No. 49 with inclosed convention; recounts its provisions, and states the grounds of objection to Articles IV and V to be their discrimination against the Alabama claims in requiring the commissioners to agree unanimously upon them, and in stipulating that the arbitrator shall be previously chosen by the two powers, and shall be the head of a friendly government. Article VI, prohibiting argument upon the Alabama claims, is also objectionable. No such provisions were made in the treaty of 1853, on which this convention was to have been based. Mr. Seward incloses copy of the convention altered to meet these and other minor objections, and says that its character is not thereby materially changed, but that these amendments are deemed necessary to insure its ratification. Mr. Johnson is instructed to say that his government, in assenting by telegraph to the convention, supposed the treaty of 1853 was being more closely followed. In case the changes are agreed to, the convention had better first be made in protocol, and until they are agreed to, the San Juan and naturalization questions should rest in that form.

710

Has received Mr. Thornton's telegram in 720 reference to objections made by American cabinet to claims convention, and has asked by telegraph for further explanations.

Has received telegram of 26th, and cannot 721 understand the disapproval of the claims convention. Except the provisions in regard to the Alabama claims, it is the same as that of 1853. A satisfactory naturalization treaty is certain. Recounts his interview with Mr. Seward, | 722 and the latter's objections to the claims convention. In providing for separate consideration of the Alabama claims Mr. Johnson had exceeded his instructions. It was suggested that Mr. Thornton should go to England to explain matters. Should the amendments proposed by Mr. Seward be accepted and embodied in a protocol, however, the Senate would undoubtedly assent to its ratification.

Has received telegram of November 27. Lord Stanley had no objection to most of the proposed changes in the claims convention, but thought the magnitude of the questions involved in the Alabama claims demanded that the arbitrator should be the head of a friendly government, and that he should be appointed by the two powers.

725

Not thinking it inconsistent with his in-
structions, or with the treaty of 1853, Mr.
Johnson had incorporated this provision.
The alteration may be acceded to by the
new ministry.

7 Has received No. 61, with additional article
to claims convention, changing the place
for sitting of the commission to Washing-
ton, and approves Mr. Johnson's proceed-
ings in this particular. Without the fur-
ther changes proposed, the Senate will not
ratify the convention.
8 Is surprised to learn the objections to the
claims convention. Incloses memoranda
of conversation with Mr. Johnson, from
which it appears that the latter had at
first suggested the payment of a lump sum
of money or the cession of a portion of
territory as satisfaction for the Alabama
claims, which propositions had been reject-
ed. Also, incloses other memoranda and
copies of correspondence showing the va-
rious stages of the negotiation. Both Mr.
Johnson and Lord Stanley had supposed
that the final form of the convention was
agreeable to the former's instructions, and
would be approved by his government.
Has received No. 65. The views of the Pres-
ident in reference to the claims convention,
already expressed, are sustained by the
people.

Mr. Seward to Dec. 12
Mr. Johnson.

726

727

735

Mr. Johnson to Dec. 16 Has seen Lord Clarendon, who thought, with 735
Mr. Seward.

Lord Stanley, that the arbitrator in the
Alabama claims should be the head of a
friendly nation selected by the two gov-
crnments. Mr. Johnson hopes to overcome
or avoid this objection.

The British government proposes to submit
all claims to commissioners, who, if they
disagree on any claim, and think it should
be referred to a foreign state, are so to re-
port to their respective governments, and
such an arbitrator is to be selected by said
governments within six months. Mr. Sew-
ard's other amendments are agreed to.

736

Dec. 19 Lord Clarendon is anxious for a satisfactory | 736
conclusion of the claims negotiation, and
it will be renewed as soon as an answer is
received to yesterday's telegram.

20 Has received telegram of the 18th, and pro-
poses that the claims commissioners have
power to appoint the head of a friendly
state as arbitrator upon any claim about
which they may disagree, and that in that
case they may take instructions from their
respective governments; and if such an
arbitrator be not agreed upon within six
months, the commissioners shall choose an
arbitrator by lot, who may or may not be
the head of a foreign government. The
convention should be in protocol and
signed at Washington, though these points
are not indispensable. The other amend-
ments formerly proposed are renewed.

736

[graphic][merged small][merged small][subsumed][merged small]

Mr. Johnson to
Mr. Seward.

.do...

The Earl of Clar-
endon to Mr.
Thornton.

Has received telegram of the 20th, and
thinks Lord Clarendon will agree to have
the arbitrator named by the claims com-
missioners under instructions from their
governnients, but not appointed by them-
selves, as no head of a foreign state would
act under such an appointment. Lord
Clarendon also objects to the limitation of
the time for the selection of an arbitrator,
as implying bad faith on the part of the
governments. The other amendments, ex-
cept those changing the convention into a
protocol, and providing for its being signed
in Washington, will probably be accepted.
Has seen Lord Clarendon again. The cabi-
net refuse to convert the claims convention
into a protocol and have it signed in Wash-
ington, as that would be disrespectful to
the late government. They also concur in
Lord Clarendon's objections on account of
the imputation of bad faith contained in
the limitation of the time for choosing an
arbiter, and agree that it would be dis-
courteous to allow the arbiter, if the head
of a nation, to be selected by the commis-
sioners. They are willing to stipulate,
however, that if any two of the commis-
sioners desire to have any claim referred
to the head of a friendly state, the two
governments, being so advised, shall select
such an arbitrator. The cabinet think
this provision in strict accordance with
the treaty of 1853, and are very anxious
to have the matter settled. Mr. Johnson
can have the Alabama claims especially
included among the claims to be consid-
ered by the commission, and thinks it im-
portant to do so.

Recounts Mr. Seward's objections to the
claims convention, and expresses the will-
ingness of her Majesty's government to
meet his wishes, and assimilate the con-
vention more closely to that of 1853. In-
closes memorandum of a convention
providing that the governments, on recom-
mendation of two or more of the commis-
sioners that any claim should be referred to
the arbitration of the head of a friendly
nation, shall, within six months, appoint
such arbitrator, and that his decision shall
rule all other claims of the same class.
The official correspondence shall be laid
before the commission, and any other doc-
uments may be produced, and one person
heard on behalf of each government. The
decision of the commissioners or umpire
shall be final. Claims must be presented
within nine months from first meeting of
commission, and decided within two years,
and awards paid within eighteen months
thereafter. Her Majesty's government
prefer the form of convention to that of
protocol, because it will lead to an earlier
settlement.

737

738

739

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Correspondence Concerning Claims Against Great Britain: Rebel cruisers ...