Board of Works, Whitechapel district, London. Municipal council, Morpeth. Mr. Lewis Blane, London. Municipal council, Preston, (2 notes.) Preston Anti-slavery Society. Workingmen's Institute, Swansea. Municipal council, Banbury. Northern Presbytery of Antrim, Ballyclare. Rev. J. B. Balmer, Bridgewater, (2 notes.) Municipal council, Carnarvon. Municipal authorities, Norwich. Chamber of Commerce, Bradford. Watch committee of the corporation of Newport, Monmouthshire, (2 notes.) Municipal council, Rockdale. Municipal council, Bridgenorth. Municipal council, Dewsbury. Sunday School Union, Stockport. Chamber of Commerce, Huddersfield. Municipal council, Frockheim. London committee of deputies of the British Jews, (2 notes.) Municipal council, Axbridge. Municipal authorities, Newburgh. Municipal council, Bridgewater. Municipal council, Stroud. Municipal council chamber, Stirling. Municipal council, Dumfermline. Richard Livingstone, esq., Barrhead. Municipal council, South Shields. Convener courts of the seven incorporated trades of the city, Aberdeen. British Temperance League, Manchester. Municipal council, Staplehurst, (2 notes.) Sir G. Gray, Chathill. Rev. George W. Murphy, London. American Order of Foresters. Dutchess of Sutherland. Municipal authorities, London. Municipal council, Portsmouth. Municipal council, Wells. Municipal council, Aye. Municipal authorities, Bilston. Commissioner of supply, Jedburgh. Municipal council, Leominster. Congregational church, Ryde. Synod of the Reformed Presbyterian Church of Scotland. Mr. Johnson to Mr. Seward. No. 35.] LEGATION OF THE UNITED STATES, By the second, if the arbiter shall be unable to determine what is such line, he is then to decide "upon some line which," in his opinion, "will furnish an equitable solution of the difficulty, and be the nearest approximation that can be made to an accurate construction of the words of the treaty." By the fourth, the decision of the arbiter, whatever it may be under the authority conferred upon him, is agreed to be final and conclusive upon both governments. By the third, in the discharge of his duty the arbiter is given the right to consult all correspondence which has been had between the two governments on the subject, and all the evidence or other matters which were before the commissioners heretofore appointed to run the line, and all evidence that either government may produce. By the first, the arbiter, who is to be some friendly sovereign or state, is to be selected by the two governments within three months after the ratification of the convention. Not being authorized to make this arrangement at once operative because of the restrictions contained in your modified instructions in your dispatch No. 20, of the 23d of September, it is provided that the convention is not to be final until the naturalization question is conclusively settled by treaty or act of Parliament, or both, unless the two governments in the interval shall otherwise agree. The subject-matters of the submission, you will see, are those contained in Lord Lyons's dispatch to Secretary Cass, of the 10th of December, 1860, and which, as I understand by your original instructions to me in dispatch No. 2, of the 20th of July, 1868, I was authorized to consent to. The protocol accompanies this dispatch, and I hope that it will receive the sanction of the President and yourself. This matter having been disposed of, I am to have an interview with Lord Stanley on Tuesday next, to commence negotiating as to what is known as the Alabama claims question, and I believe that I shall be able at an early day to communicate to you a satisfactory adjustment of it. I have the honor to remain, with high regard, your obedient servant, REVERDY JOHNSON. Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. PROTOCOL. The undersigned, Reverdy Johnson, esq., envoy extraordinary and minister plenipo tentiary of the United States of America, and Edward Henry, Lord Stanley, her Britannic Majesty's principal secretary of state for foreign affairs, being respectively authorized and empowered to place on record the basis on which the United States of America and her Majesty, the Queen of the United Kingdom of Great Britain and Ireland, are prepared to close all further discussion with regard to the true direction of the line of water boundary between their respective possessions, as laid down in article I of the treaty concluded between them on the 15th of June, 1846, have agreed upon the following protocol: I. Whereas it was stipulated, by article I of the treaty concluded at Washington on the 15th of June, 1846, between the United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, that the line of boundary between the territories of the United States and those of her Britannic Majesty, from the point on the 49th parallel of north latitude up to which it had already been ascertained, should be continued westward along the said parallel of north latitude" to the middle of the channel which separates the continent from Vancouver's island, and thence southerly, through the middle of the said channel and of Fuca's straits, to the Pacific ocean;" and whereas the commissioners appointed by the two high contracting parties to mark out that portion of the boundary which runs southerly through the middle of the channel aforesaid have not been able to determine which is the true line contemplated by the treaty It is agreed to refer to some friendly sovereign or state to determine the line which, according to the terms of the aforesaid treaty, runs southerly through the middle of the channel which separates the continent from Vancouver's island and Fuca's straits to the Pacific ocean; and it is further agreed that within three months after the exchange of the ratifications of any treaty that may hereafter be concluded for giving effect to the terms of this protocol, the contracting parties shall select some friendly sovereign or state to act as referee in the premises. II. If such sovereign or state should be unable to ascertain and determine the precise line intended by the words of the treaty, it is agreed that it shall be left to such sovereign or state to determine upon some line which, in the opinion of such sovereign or state, will furnish an equitable solution of the difficulty, and will be the nearest approximation that can be made to an accurate construction of the words of the treaty. III. It is agreed that such soverign or state shall be at liberty to call for the production of, and to consult all, the correspondence which has taken place between the American and British governments on the matter at issue, and to weigh the testimony of the American and British negotiators of the treaty, as recorded in that correspondence as to their intentions in framing the article in question; and such sovereign or state shall further be at liberty to call for the reports and correspondence, together with any documents, maps, or surveys bearing on the same, which have emanated from, or were considered by, the commissioners who have recently been employed by the two governments, to endeavor to ascertain the line of boundary as contemplated by the treaty, and to consider all evidence that either party may produce. But the referee shall not depart from the true meaning of the article as it stands, if he can deduce that meaning from the words of that article; those words having been agreed to by both parties, and having been inserted in a treaty ratified by both governments IV. The respective parties formally engage to consider the decision of the referee, when given, as final and conclusive; whether such decision shall be a positive decision as to the line of boundary ntended by the true meaning of the words of article I of the treaty of 1846, or whether the said referee, being unable to give such positive decision, shall give as a decision a line of boundary as the nearest approximation to an accurate construction of those words, and as furnishing an equitable solution of the difficulty; and such decision shall without reserve be carried into immediate effect by commissioners to be appointed for the purpose of marking out the line of boundary in accordance with such decision of the referee. V. It is understood that this agreement shall not go into operation or have any effect until the question of naturalization now pending between the two governments shall have been satisfactorily settled by treaty, or by law of Parliament, or by both, unless the two parties shall in the mean time otherwise agree. Done at London, the 17th of October, 1868. REVERDY JOHNSON. Mr. Johnson to Mr. Seward. [Telegram per cable.] LEGATION OF THE UNITED STATES, London, October 20, 1868. Can I sign convention for claims on basis of treaty of February, '53? REVERDY JOHNSON. Mr. Johnson to Mr. Seward. [Telegram per cable.] LEGATION OF THE UNITED STATES, Can I consent to leave all questions as to Alabama claims to arbitration of King of Prussia? REVERDY JOHNSON. Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. Mr. Seward to Mr. Johnson. [Telegram per cable.] DEPARTMENT OF STATE, Insist on convention like 1853, without now naming arbiter. Convention must be submitted to Senate and the country. Objection would be raised to any arbiter who could be named in advance. When convention goes into effect, the two governments can instruct the commissioners to agree on arbiter. SIR: I give you herewith a copy of a cable telegram which was sent you on the 25th instant. The protocol therein mentioned is brief, simple, effective, and therefore as satisfactory as any arrangement that could be made without waiting for legislation. For your diligence in the matter you will please accept the President's commendation. I am, sir, your obedient servant, REVERDY JOHNSON, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Johnson to Mr. Seward. [Telegram per cable.] LEGATION OF THE UNITED STATES, London, October 27, 1868. Dispatch received. Will try to hasten claims convention. Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. REVERDY JOHNSON. Mr. Johnson to Mr. Seward. No. 40.] LEGATION OF THE UNITED STATES, SIR: Your cipher telegrams, dated the 21st, 24th, and 27th instant, respectively, have been received. I was to have had an interview with Lord Stanley to-day, but he has just advised me that he is obliged to leave the city, and therefore to postpone our meeting until to-morrow. Under the authority given me by your cipher dispatch of the 24th instant, I hope and believe that I shall be able to conclude a convention in relation to the Alabama claims and other similar claims, as well as all other claims, upon the basis of the convention of the 8th of February, 1853. His lordship, however, is very reluctant to leave the decision of the first two of those claims to a board composed of subjects of her Majesty or citizens of the United States, with an authority to call in an umpire to be selected by themselves, because of the character of the questions of international law which they present. He prefers that these should be submitted to some foreign friendly government. But this, I think, he will consider will be accomplished by a convention under which the selection of an arbitrator is to be afterwards made by the two governments, and not by the commissioners. I fully appreciate the force of the objections suggested by you to the naming of an arbitrator in regard to these claims in the convention itself, that it might hazard its confirmation by the Senate and be more or less distasteful to the country. It is understood between us that the arbitrator is not to be restricted to the consideration of any one point upon which the claims may rest, but may consider every one involved in them. I am gratified to know, from your dispatch above referred to, of the 27th instant, that the protocol on the naturalization subject heretofore sent to you is approved. On the request of his excellency Mr. Hale, our minister at the court of Madrid, and General Bartlett, our minister resi dent to Norway and Sweden, made, as I understand, at the instance of your department, I have forwarded them copies of the protocol. Although I have not as yet heard whether the one in relation to the San Juan difficulty is approved, yet I look with confidence to my being early so advised. I have the honor to remain, with high regard, your obedient servant, REVERDY JOHNSON. Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. |