Has received No. 82, and approves Mr. John-
son's proceedings. Is awaiting draught of
convention which Lord Clarendon has
sent to Mr. Thornton.
Jan. 9 Awaits answer to Nos. 86 and 87 before pro-
ceeding with claims negotiations. If Lord
Clarendon's suggestions are agreed to, they
can be speedily terminated.
Jan. 11 Has received Lord Clarendon's draught of a
convention, and proposes amendments
specially including the Alabama claims in
those to be submitted to the commission,
omitting all reference to the peculiar na-
ture of any claims to be referred to arbi-
tration, and striking out as unnecessary
the clause providing that the arbiter's de-
cision shall govern all similar cases.
these alterations are agreed to, Mr. John-
son is instructed to sign this and the San
Juan convention.
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Has received Nos. 86 and 87, and also Lord
Clarendon's project, and renews his amend-
ments proposed yesterday by telegraph.
The one specially naming the Alabaina
claims will guard against all doubt of their
being included for consideration, and the
second amendment avoids the appear-
ance of singling them out for especial ref-
erence to arbitration. The clause provid-
ing that the decision of one case shall rule
all similar ones is unnecessary, as no um-
pire would be likely to make contradict-
ory decisions. The conventional form is
agreed to, and in case the above altera-
tions are accepted, Mr. Johnson is instruc-
ted to sign this and the San Juan treaty at
once, and telegraph, so that they may be
laid immediately before the Senate.
Has received yesterday's telegram, and thinks
all will be right.
Jan. 13 Has received from Lord Clarendon a draught 750
of claims convention with Mr. Seward's
amendments inserted, but owing to the
absence of the prime minister its signing
will be delayed for a few days.
Asks dates of conventions signed in order
to prepare copies for the Senate.
Convention signed as instructed. Goes Sat-
urday.
Both conventions signed on 14th. Telegraph 751
ratification.
Incloses copies of San Juan and claims con-
ventions signed yesterday. The latter is
in exact accordance with instructions, and
only differs from the treaty of 1853 in its
specially including the Alabama claims.
The British government has yielded, first,
the submission of these claims, and sec-
ond, the consideration of the question of
premature recognition, both of which are
included in this convention. This has
Jan. 25 Desires early information as to the action of 757 the Senate upon the San Juan and claims conventions.
Mr. Seward to
Mr. Johnson.
Has received No. 100, and the original con-
ventions therein inclosed will be submitted
to the Senate.
Jan. 30 Argues from the decision of the recent Paris
conference that none of the powers there
represented could fail to decide in our favor
if called upon to arbitrate upon the Ala-
bama claims. As England herself was rep-
resented, she may be considered as tacitly
admitting their justice.
Incloses copy of petition of George B. Upton,
presented to the Senate by Mr. Sumner, re-
monstrating against the ratification of the
claims convention on account of the injus-
tice to himself and other claimants, by
reason of the length of time allowed for
the proceedings of and payment of awards
made by the commission; and also, on the
ground that claims arising from the depre-
dations of pirates built and sent out under
British protection, should not be placed
upon the same footing as those arising from
ordinary causes.
Mr. Seward to Feb. 10
Mr. Johnson.
112 Mr. Johnson to Feb. 17 Mr. Seward.
Has received No. 105. The conventions may
not be acted upon by the Senate during the
present session.
Reviews at length the progress of negotia- 760
tions upon the naturalization, San Juan,
and claims question, and alludes to his own
course in sounding public opinion in re-
gard thereto. In the naturalization treaty
the British government has entirely aban-
doned its traditional policy and adopted
that of America. From a careful study of
the boundary question, Mr. Johnson is sat-
isfied that in this case, also, the decision
must be in our favor. As regards the claims
it is evident that they can only be settled
by peaceful negotiation. Even if they con-
stituted of themselves sufficient grounds
for the declaration of war, the event of
such a war would be uncertain, and the
injuries complained of would not thereby
be redressed. The British government,
having finally agreed to submit to arbi-
tration both the questions of premature
recognition of rebel belligerency and that
of proper diligence in their enforcement
of municipal and international laws, Mr.
Mr. Johnson to Feb. 20 Mr. Seward.
Johnson argues that their decision must inevitably be in our favor, and recounts the circumstances of the recognition which rendered it precipitate, and also those attending the escape and subsequent reception of the Alabama and other vessels, as clearly showing a lack of diligence on the part of her Majesty's officers. No valid objection can be made to the convention on the ground that all claims accruing since 1853 are admitted to consideration; nor can it be urged that the United States, as a nation, has any claim upon Great Britain for losses by the recognition of rebel belligerency, or other unfriendly acts of the latter government, since it would be obviously impossible to fix a standard for the measurement of such losses, and since the United States have hitherto only proposed to hold the British government responsible for actual damages to their citizens, flowing from the unfriendliness or negligence of the latter. The present convention grants all that the United States have ever asked; and from his knowledge of the sentiments of the British government and people, Mr. Johnson is satisfied that no further concessions can be obtained. Every dollar of the Alabama claims will be paid should this convention be adopted. Lords Stanley and Clarendon have been very friendly, and exhibited a sincere desire to have all questions between the two nations honorably settled. Incloses editorial from the London Times, in reference to the failure of the claims convention in the Senate committee. The Times sustains Mr. Upton's objection to the length of time allowed for proceedings of the commission, &c., but denies his assertion that no action was taken by the British government to prevent expeditions like that of the Alabama, and says that it would be absurd and impossible to base a claim for damages upon the unfriendly feeling of British subjects toward the United States. The real defect of the treaty consists in a lack of clearness upon the question of premature recognition, and this defect should be obviated if another convention were proposed. The commissioners could deal intelligibly with special claims only upon the supposition that war actually, existed to justify the recognition of rebel belligerency. The British government has done all in its power and can now only await propositions from the other side. Mr. Johnson says that the time allowed for the ratification of the treaty, the setting of the commission, and the payment of awards is only designed to avoid possible failure of adjustment within a shorter period, but will not prevent the work being done as rapidly as possible. The objection
Mr. Johnson to Feb. 22
Mr. Seward.
Mr. Seward to
Mr. Johnson.
Mr. Thornton to
the Earl of
Clarendon.
124 Mr. Johnson to Feb. 27 Mr. Seward.
that British claims are to be considered by
the commission is grossly unjust, and casts
an imputation on the honor of Great Brit-
ain, under which no government would
consent to negotiate.
Has committee acted on claims convention.. 771
The Senate committee are understood to be 771
adverse to claims convention, but have not
yet reported.
Incloses resolution of the Massachusetts
legislature against the ratification of the
claims convention. The Senate commit-
tee have decided to report adversely.
Has received No. 74. Desires early informa-
tion as to the final action of the Senate on
the conventions.
Mar. 3 Has received No. 112. The President re-
gards it as an able and elaborate paper,
and would have communicated it to the
Senate if received in time. It will prob-
ably go in next session.
The Earl of Clar-
endon to Mr.
Thornton.
Incloses amendment to claims convention 773
proposed by Mr. Johnson in a recent inter-
view, providing for the consideration of
the claims of either government upon the
other. Lord Clarendon said in reply that
the concessions already made had not
been met in the same spirit, and referred
to the premature publication of the con-
vention in the United States. The British
government were ignorant of the objec-
tions of the Senate to the convention.
Such an amendment could hardly now be
adopted.
Mr. Thornton to Mar. 23 The claims convention will soon be sub- |· 774
the Earl of
Mr. Thornton to Mar. 29
the Earl of
The Earl of Clar- April 9
endon to Mr.
Thornton.
mitted to the Senate. Mr. Sumner, chair-
man of the committee, has prepared an
argument against its adoption. Mr.
Thornton thinks it will fail of ratifica-
tion.
Incloses correspondence with Mr. Johnson
in reference to the latter's proposition to
amend the claims convention by includ-
ing governmental claims.
The claims convention has not yet been re-
ported from the committee. It is rumored
that no action will be taken upon it.
Has alluded to the San Juan question in
conversation with Mr. Fish, who expressed
a hope that it might be settled.
Has had an interview with Mr. Johnson in
reference to the latter's proposed amend-
ment to the claims convention, in which
he adverted to the concessions already
made, and stated that many of the cabinet
thought it inconsistent with the dignity
of her Majesty's government to amend a
treaty already signed without a certainty
of thereby meeting the objections of the
Senate.
Mr. Johnson to April 9 Incloses copies of correspondence with Lord
Mr. Fish.
Clarendon, in which he proposed an
amendment to the claims convention by
Mr. Johnson to April 10
Mr. Fish.
The Earl of Clar- April 10
endon to Mr.
Thornton.
which the claims of either government upon the other might be submitted to the commission. Lord Clarendon asked if this proposition was authorized by the new government, to which Mr. Johnson replied that it was made under the au· thority of his general instructions. Lord Clarendon then declined the proposal, on the ground that its acceptance would involve a wide departure from the treaty of 1853, and might not meet the Senate's objections to the convention. Mr. Johnson replied that the departure from the treaty of 1853 would not be very great. He inferred from Lord Clarendon's note that the amendment might be acceded to if renewed by instructions of the present government, and for these instructions he now asks.
Mr. Johnson to April 16
Mr. Fish.
The Earl of Clar- April 17
endon to Mr.
Thornton.
Mr. Thornton to April 19
the Earl of
Clarendon.
Incloses copies of correspondence with Lord
Clarendon, in which the latter states that
he did not, in his recent note, intend to im-
ply that Mr. Johnson's proposal to amend
the claims convention would be accepted
if renewed under instructions from his
government.
Incloses copies of further correspondence 783
with Mr. Johnson relative to the claims
convention.
The claims convention has been rejected by 783
the Senate nearly unanimously. Mr. Sum-
ner's speech in executive session, (published
by order of the Senate,) takes the ground
that England owes the United States an
apology and reparation for her premature
recognition of rebel belligerency; and that
the damages for which she is thereby re-
sponsible includes the property destroyed
by rebel cruisers, the remote injury to
American shipping interests, the increase
of insurance rates, and the prolongation
of the war by reason of blockade-running.
Mr. Thornton reviews the speech in detail,
and alleges that its assumptions are unten-
able, and its tendency is to excite a hos-
tile feeling toward England. Its publi-
cation, contrary to custom, as well as the
premature publication of the convention
itself, was made in an unfriendly spirit.
102 Mr. Fish to Mr. April 19 Incloses copy of the Senate resolution, reject- 786
ing the claims convention. The President
still hopes that the matter may be settled
satisfactorily.
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