,.^.. IMAGE EVALUATION TEST TARGET {MT-3) i^^ "•"'-.V 4i ^ 1.0 I.I 11.25 L^12.8 Ui ^ US m 22 2.0 1.4 I m 1.6 r V /A Photographic Sciences Corporation 33 Mcii MA V STIkilT WiBSTER.i^.V. UStO (716) 873-4S03 V "q ,v ^ ^ o '^*i >^^' ^<^ ^ '<<^J$^ o^ ^ «»\^ ■■'■authorized to ne™! >:te^nS„„ ••— »^*^-d wiih ''ttMr^"cverllv'r'; '^'"'■""'- ^°"--»'- ^^"1 .>ir. itcxerdy Johnson as to settlement Claims (...nvention for the 's^ttlemen; "of Hriti^h and Amertean claims by „„,„„« „{ \ '^^'^''^ ferr^H'T""'-. ',' ^'"''-"'a' claims to be re tioTnf « "«'' "'" <'"""ni'»iop to the arbitru tion of a .Sovereign State I^n s..l..nt o. ,hc Sw.ss Cun.edcrat.on ,u.^.Vrbi" Claims Convention! A.ldi,i;nal Article Com missmn to nuet «f \V„shinKt„n """■ 'r/r nSd ^it^^-'T^ ■"■ •'"«-'":'^ reason fnV 1,; .'"ates (.overnmeni. No ^''I'nUed ";:;"".'""• ^^'"■^'"ion« proposed by ' '* I nited .States tioveinmeiit ' Sr: (""::;":;;:;:; ^-"iveofn,;;otintion;: <"M(iiiion. Aitcnituins reijiiired by I'm !• CI, States' (lovcrn la.ms ( •.mvention, ()l,j,.;ii';;,s ,„ Lord Stanley" » "iivcntion. Iii»»..,.„.;„ . """ly tiations Claims < his Uove ""'I. Instructions as to I 'onvcii ^rumcut lit'sli nego- tion. Alterations proposed by 1855o3 TABLE OP CONTENTiS. No. 24. To Mr Thornton 28 26. H. Mr. Thornton m 29. „ Feb. 1, 30. „ 1, 31. „ 22, 32. „ 22, 3J. ,, 22, 34. To Mr Thornton 22. J5. Air Revcrdy .Johnson , 25, 3C. To Mr. IluTcrdy .luhnBon 37. To Mr. Thorntoij ,, 38. Mr. Reverdy Johnson . 3'J. Mr. Thornton 40. To Mr. Rcverdy Johnson 4 1 . Mr. Revcrdy Johnston . 42. To Mr. Thornton 43. „ 4). Mr. Thornton 45. To Mr. Thornton 46. To Mr. Revcrdy Johnson 47. Mr. Rovcrdy Johnson . 48. To Mr. TlidVutou 49. Mr. Tiiorutun 60. „ ,. 51. Mr. Revcrdy Johnson . . 52. ., .. .. 53. To Mr Revcrdy Johnson 54. „ „ .. 55. To Mr. Thornton 50 57. Mr. Thornton Date. Nov. 21, 18G8 26, Ja^ 10, 1869 18, 26, 27, 27, 29, 23, Apr. 8, 9, 9, 10, 29, H, 15, 16. 17, 19, 19. May 3, 3, 4, 4, 5, Apr. 26, SunjEci. riaiiiis C'liiivc iillciii. Draft til 1)(' prDpo.tcd to Mr. SiNvuvil. Ivv])liiiiiiticins anii\i.iil.iin ,. ., Copy iif Nil. .1 1 . . Copy of Nil. .'»3 , . . , . , San liian Ciiiiveniiiin. Ceiisiileration deferred bv tlie Senate iinlil the Deeuiuhcr Session . . Pago 30 35 35 41 41 41 42 44 14 45 45 16 47 47 47 48 48 48 19 50 50 50 51 51 51 53 54 55 .5« 56 56 57 I Sil til of Pago 30 35 35 41 ■U U 42 44 H 45 45 4« 47 47 47 48 48 48 49 50 50 50 51 51 51 5i 53 54 tiating ;j« 5fi .. 50 'rcrrod oil , . 57 Correspondence respecting the Negotiations with the ['nited States' Govennneiit on the Questions of the ''Ahihania "and Jiritish Chiinis, NaturaHzation, and San Juan Water JJoundary. No. 1. Lord Stanley to ^f|■. Thornton. "' l\in MMMs: • . ■ forr,yn Ojfin; Feluuar,/ \r). \m8. ,u=.;f I 7!';^^''^/';'»""."'^«te(l to nic on the loll, instant somo parts of a (lespatc-l, ulud, ho l,a,l atoly recciv..(l, in wl,ich Mr. Sesvaid o.Nprcs«es his u ish that K gland and the United States. The qucstion.s causing- these dillciences Mr. heward enumerates as toliows:-- 1st. The Ahit)ama clains. 2nd. The San Juan question. ^ri'' 'ri'"' ?;.'?*'"" "'Naturalized Citizens; their rights and position. 4th. 1 he Fislierj question. was LrSudcr'""''"^ *''"'"'' ^'''' ''"'''^'''" '''' *'''' Reciprocity Treaty with Canada Any one of these questions, Mr. Seward said, might at any time, from accidental causes occupy public attention, and give rise to exciting controversy he rnnon^oTT ''' T '" i^" ""rr^tood as making any new proposition ; but method of d/r ^"g^Sef .on wh.eh he had more than^,nee offered, that the true me hod of dealing- with all these matters was by treating tlum iointlv, and endeavouring, hy n,eans of a Conference, to settle them all ' ^ c,„.L . ■■•^''■''"^■■"'■''f''-'''*^''* "" °"« ^o"'^' '>e more anxious tlian I was to din.m ^•■""'^'^^"'f «''sP"tes at an end; and that, acting under that ieeling, [ no. -r"; •^'■'jl'^'"' ^" ^-i^iuiesce in any plan of settlement that held out a reasoiwrble Srnd 1/ ^ ""fTVi ''^ ^'''^ same time, I must add that 1 couKl not well un.ler- stand what was lo be the nature of the Conference suggested by Mr. Seward. 1 low n?o Hi r It T'^""f''' • "'"' r^""^ ''""■^•'■^- ^^■•''•■^ ^^^ ^^ ''^'*J^ ^"<' whatadva... tage did Ml. heward suppose there would be in discussing simultaneouslv. instead nL nlF ''i '" Tl"^^' ?^ '•"'"V;'"'' '^''^"'^ "*■ ^^'''^-'^ ^^■'•^« sufficiently intricate and \Z?}ZTf^ n \ ^f '", ''•\'^«'^"/ ' expressed a hope that Mr. Seward n.ioht be Ztl, ■ ."■ ''" ^'"''''''"P '>'« ''''^a- ^vhich I assured him shouM meet with ImI! and careful consideration. I am, {cc. (Signed) STANLKY. No. 2. Lord Stanley to Mr. Thornton. Sir ' T I cr'tMArcr* Foreign Office, March 14, 18(J8. 1 JvhChl\hD on the 9th instant your telegram of the 8tli, stating that Mr. beward was desirous of concluding a Treaty between Great Britain and tlie United States, regulating- the status and liabilities of the subjects and citizens of cither country who may be naturalized in the other. rerr.ivlriK'"f ^^"^ ^Z\ *'"'■*''''': '^'^S^am of the 11th, that Mr. Seward, having leceived the treaty recently signed on the same subject at " ' [155] Berlin, between Prussia B on bolmlf ol' the North fieiman Confederation nnd the United States, presses for tlie conclusion of a siniilar 'i'rcatv hctwccn those States and Great liritain. lnvcre sanctioned by their respec- tive Lei'isl.itures. As rei;ar(ls this country, if t!:e iirineipics of the Prussian Treaty were to be adopted as tht" ;L;roini(i\vork ol" a Treaty i)"twe''n (Jrea Hritain ami the United Stales, it would he iiecessary lo consider tic bearin;;- which such a Ti'catv woidd have, not only on the common and statute law. but also on the let;isl;>tion of Uritisii Colonies; and, coiisiderinj"' tiie close res'Mid)lance between the law and procedure ol' tlii:; couuir, and t!i;;se(il' thcLnited Statics, the s:ime |)rocess wouhl doid)tl«'ss have to !)(• j;()ne ihiou^li llierc ; an i in l)olli .t w to devise some eU'eclual means foi- setlins;at resl this important and intricate (|ueslion. Th.e obstacles to immediate action winch lliey see are of a leoal, not of a political character. 'J'hcy disclaim the idea of dciiriiit;- to maintain and enlorci! the doctrine of indcrcasiijie .■illco-ianc, and are (piitc willing;' to adopt tlu" |>rinciple of expatria- tion, wliich they thiid\ oup;ht jjroperly to be cimceded by a (iovernmcnl, which h)r m.any years past, has s.iriclionod, ;ind even encourap;ed. an extensive emigration of Hritish subjects to lorei the chihi ol' the citizenship acrpiircd l)y iiirth in cither country. Citizenship nl' ihr child does not necessarily change with the return of the parent to his ()rii;in;d country. The lllrd Article is to be omitted in the Treaty. There is no dilliculty involved in the IVth Article, except such as is in .ill ca-cs and everywhere incident to domicile. A British subject, naturalized in America and rcturnine^ to (Jrcat Britain lor two years, does not necessarily renounce his American citizenship, only he niav be called upon to a.ssert or prove his purpose more explicitly. (A new Article.) The parties agree to negotiate a further Convention if it shall be rendered necessary by reason of embarrassments experienced in the execution ol' the stipulations of this Treaty. [), 1868. •. Seward, rown find ;ly signed lum, copy c in that ich would Lordship esircd by )mit it to )ositior. to have the without a an before out of it; ally be a le country a citizen. might be would be where, on ;izen. iscussions it the two the intent and that, led by the lay down details for 1 have the e. No. 7. Mr. Thornton to Lord Stanley. — (Received April '.' .) (Extract.) Wnshintiton, April 7, 1868. IN accordance witii your Lordship's permission I have given a .Mr. Seward a copy of yo'ir despatch of the 2ist ultimo, leaving out the first paragraph, lie has promised me a Report, drawn up by a lawyer, on the braiing of the sliptda- tions contained in the Treaty with Prussia, upon the common and slalite law of this country. No. 8. Mr. Thornton to Lord Staitle;/. — (Rrreived April 2 ').) (Extract.) Washington, April 13, 18fi8. WITH reference to my despatch of the 7th instant, in which I stated that Mr. Seward had promised me a Report, drawn u]) by a lawyer, on the bearing of the provisions of the Treaty on Naturalization between the United States and the North German Confederation, upon the laws of this country, I have now the honour to inform your Lordship that, upon further reflection, he has confessed to me his inability to comply with my wishes on this subject. He says that the consideration of the subject in this light would bring to the surface a nnnilicr of hypothetical cases on which it could not be sujjposed that any (iovcrnmcnt would be willing to commit itseii", and which he thinks it would be impossible to decide upon at present, nor, indeed, until further experience shall show what rccpiirenieiits may arise out of the provisions of the Treaty as it st ands. It is on this account that Mr. Seward still urges that Kngland and tiie United States should come to a simple Treaty engageniciit on tiie great principles of expatriation and naturalization, and that the discussion and negotiation of Inrthcr details should be deferred to a later period when exi'M'ience may have thrown more light upon the subject. With reference to the provision in the IVth Article of the Treaty with Prussia as to the renewal of residence by a naturalized subject ni his native country, I should say that this was rather a concession on the part of tlie United States to Prussia than a necessary part of the Treaty. It is hv no means meant as a iMon ol' rcjjjilrialiiiii liad hctlci' perhaps be left to the internal lei;i.slalion of each country. No. 9. Lord Stanley to Mr. Thornton. Sir, Fornign Office, .lune I (i. 1 Hiix. THE United States' Charo^c d'Affaircs lias intjuircd of nic, by direction of Mr. Seward, wliethor Ib-r .Majeslv's (lovcrnment were prejiarod at once to enter into a Treaty with (he United States on (ho sid)ject of naturalization. I reminded .Mr. .Moran, in reply, of the statements which some weeks a^o I made in the House of Commons, and which were received, as 1 hclieved. with general approv;\l. that Her Majesty's tiovornment were prepared lo entertain in principle the cpiestion of a Naturalization Treaty, and no longer held to the doctrine of indefeasible a'legiance. Ibit, I observed to .Mr. !\Ioran, that with every ^ood disposition on their part to contribute to seKiii",- at rest a question which, as it now stood, was calculated (o interfere with the maintenance of good understanding between this country and the United States, Her .Majcs(y"s (lovcrnment found it was inexpedient, not to say impossible, to proceed hastily in a matter which involved points of great legal difticulty, and might adect the interests not only of persons now in beiisg, but of persons still unl orn. It was neccssarv, therefore, to consider how British law bore on the question, ;uid the similarity between the laws of the two countries need scarcely be insisted upon in sui)p()rt of the statement that there are many legal points to be considered and determined before either a Treaty can be concluded, or legislation attempted, by this country. ller Majesty's (iovernment, I said, have lost no tinu' in seeking to elucidate the questions to he considered. A Royal C'onunission, composed of very eminent ]iers()ns, had been ai)pointed, and were now engaged in investigating those questions ; it was imjiossible to sav how long the inquiry would take, but even apart from the (jiiestion of the inexpediency of anticipating the Hepurt of the Commissioners, I thought it right to remark that, in the actual state of public all'airs in Parliament, and considering the general anxiety felt to restrict legislation to what was al)soiutely recjuired with a view to an early dissolution, it would be impracticable, even if the Report of the Commission had been agreed upon and published, to introduce into the House of Commons, with any chance of its imme- diately becoming law. a Hill for giving effect to the recommendations of tiiat Report. It could not be expected to pass without much discussion, and for this there was not now time. It 'eemed to me. therefore, inevitable that legislation on the subject must be deferred till the meeting of the new Parliament, and, as the Treaty must be made c'3pcndcnt on such legislation, it was useless to conclude it at once. I am, &e. (Signed) STANLEY. : No. 10. Lord Stanley to Mr, Thornton, Sir, Foreujn OJfice, September 19, 1868. THE United States' Minister called upon me this day, and stated to me that he would hold liiniscif ready, in case Her ^Majesty's (iovernmenl are villing to agree, to conclude a Treaty of Naturalization between the two countries, generally similar to those made by the United States with other Powers; such Treaty to be conditional on tin; passing by Parliament of an Act to enforce its provisit)ns. He was not authorized, he said, to discuss with me officially the " Alabama" question until this nuitter had been disposed of. I was unable to give an immediate reply to Mr. Reverdy Johnson's proposal, would be caty witli )s be left as the Royal Commission appointed in inquire into the subject of naturalization and allegiance has not yet reported. I did not, however, dincouiagc it. I am, &c. (Signed) STANLEY. No. 11. (i. \HV)X. rcc'tiou ()(■ • to enter el\S ago I ned. with tertain in ie(h)ftiinc their part euiated to rv and the lot to say ,-reat legal ii!g, but of 1 law bote ed scarcely oints to be legislation jcidate the V eminent ng tho-ic but even rl of the ol' i)ublic egislation would be upon and its immc- of that I lor this IS t must be be made .NLEY. .!), 1868. to me that hvilling to generally [•eaty to be lit)ns. He I" question proposal, Lord Stanley to Mr. Thornton. Sir, Foreign Office, October 9, 1808. SINCK my despatch of the 19th ultimo I have been in communication with Mr. Reverdy Johnson on the subject of the i)roposal which he had made for the conclusion of a Treaty of Naturalization, generally similar to those between the United States and other Powers, but conditional on the passing by Parliament of an Act to carry out its provisions. Her Majesty's (Jovernment, although anxious, with a view to the promotion of good relations between the two countries, that this question, which has so long been discussed between them, should be set at rest, have found themselves unable to assent to the conclusion of a formal Convention, as originally proposed by Mr. Johnson. They have, however, considered that they might properly place on record their desire to come to an agreement with the United States on this subject; and have, accordingly, in communication with the proper Law Advisers of the Crown, framed a Protocol which, having been previously sul)initt('m|)ow('red to place on record the desire of Her Majesty the Queen of the United Kingdom of (ireat Hritain and Ireland and of the President of the United States oi' America lo regulate the citizenship of British subjects who have emigrated or wlu) may emigrate from the Riitish dominions to the U:uted States of America, and of citizens of the United States of America who have emigrated or who may emigrate to the lirilish dominions, have agreed u|)on the following Protocol : — L Such British subjects as aforesaid who have become, or shall become, and arc naturalized according to law within the United States of America as citizens tliereof, shall, subject to the provisions of Articles H and 1\', be held by tJreat Britain to be in all respects and for all purposes American citizens, and shall be treated as such by Great Britain. Reciprocally, such citizens as aforesaid of the United States who have become, or shall become, and are naturalized according to law within the British dominions as British s)d)jects, shall, subject to the provisions of Articles II and l\ . be held by the United States to be in all respects and for all |)urposes Britisii subjects, and shall be treated a- such by the United States. 11. Such British subjects as aforesaid who have become and are naturalized as '.'itizens within the United States, and such United States' citizens as aforesaid who have become and are naturalized within the British dominions as British subjects, shall be at liberty to renounce their nuturali/ation and to resume their respective mm 8 nationalities, provided that such renunciation be publicly declared within two years after this Protocol shall have been carried into efl'ect, as provided by Article IV. The manner in which this renunciation may be made and publicly declared shall be hereafter agreed upon by the respective Governments. III. If sucli British subject as aforesaid naturalized in the United States should renew his residence within the British dominions, the British Government may, on his own a|)piication and on such conditions as that Government may think fit to impose, rca(hnit him to the character and privileges of a British subject, and the United States shall not, in that case, claim him as a citizen of the United States on account of liis former naturalization. In the same manner, if such American citizen as aforesaid naturalized within the British dominions should renew his residence in the United States, the United States' Government may. on his own application and on such conditions as that Government may think fit to impose, readmit him to the character and privileges of an American citizen, and Great Britain shall not, in that case, claim him as a British subject on account of his former naturalization. IV. As it wiil not be practicable for Great Britain to carry into operation the ])rinciples laid down in tliis Protocol until provision has been made by the Imperial Parliament for sucli a revision of the existing laws as the adoption of those principles involves, it is agreed that this Protocol shall not take effect until such legislation can be accomplished. The British Government will introduce measures into Parliament for this purpose as speedily as may be possible, having regard to the variety of public and private interests which may be affected by a change in the laws of naturalization and allegiance now under the consideration of the Royal Commission, whose Report is expected sliortly to he made. Tiic same provision not being necessary by the Constitution and laws of the United States, this Article is not made reciprocal. Done at London, the 9th of October, 1868. (Signed) STANLEY. REVERDY JOHNSON. No. 12. Extract from Mr. Reverdy Johnson's Instructions. — {Communicated to Lord Stanley by Mr. Rcverdy Johnson, October 16, 18G8.) 2ndly. — IN case Her jNIajesty's Government shall adopt the required measures to adjust the Naturalization question, you will next be expected to give your atten- tion to the adjustment of the North-West Boundary Controversy, which involves the right of national dominion and property over the Island of San Juan on the frontier line between tlie United States and British Columbia. It is understood that on the breaking out of the recent civil war in the United States this boundary question was on the eve of being arranged by referring it to an impartial and friendly arbiter. The question is increasing in urgency, with the growing settlement and population of the North-West, and with the multiplication of causes of litigation within the disputed territory. The United Statos still remain in a disposition favourable to the process of adjustment originally contemplated. Our CO* "'.usion is, that in the event that you become convinced that an arrangement of the Naturalization question which would be satisfactory to the United States, in view of your previous instructions, can be made, then and in that case you may open concurrent negotiations upon the two questions first herein named, +0 wit, San Juan and the Claims question ; but that those two negotiations shall not be completed or your proceedings therein be deemed obligatory until after the Naturalization question shall have been satisfactorily settled by Treaty or by Law of Parliament. two years cle IV. y declared ted States lovernment may think ubject, and lited States lized within the United 3ns as that yrivilegcs of n him as a peration the he Imperial in of those :t until such int for this ; public ami ituralization hose Report laws of the OHNSON. Stanley by i-ed measures J your atten- hich involves Juan on the n the United iferring it to ncy, with the nultiplication s still remain templated. « iced that an ictory to the n and in that icrein named, tiations shall ntil after the y or by Law ; 9 No. 13. Lord Stanley to Mr. Thornton. Sir, Foreign Office, October 17, 1868. [ TRANSMIT to you herewith a copy of a Protocol which I have this day signed with Mr. Reverdy .lohnson, recording the desire of Her Majesty's Govern- ment, and of that of the United States, to close the discussion respecting the Water Boundary under the Oregon Treaty. I am, &c. (Signed) STANLEY. Inclosure in No. l."'. Piotocol nvurilinij drsire of Her Majesty's and the United Slnteti' Governments to clout Discussion rcsjwctiny Water Boundari/. THK Undersigned, I'^dsvard Ilcnry Lord Stanley, Her Britannic Majesty's Priiu'i|)al Sccrot.iry of State for Korci;;n AfThirs, ami Itevcrdy Johnson, Esquire, Imivov Kxtr.iordiiiary, and .MinishM' Plenipotentiary from the United States of Aineriea, beiiii;' resjieetively avitiiori/.od and empowered to jjlaec on record the bases on wliich ller .Majesty the Queen ol' tlie United Kingdom of Great Britain and Ireland, and the LJnilcd States of Arneriea, are preparcil to close all further discus- sion with regard to the true direetion of the line of Water iioundary between their respective possessions, as laid down in Article I of the Treaty concluded between tiiem on the l.jtii of June, 184(), have agreed ujion the following Protocol : — I. Whereas it was stipulated by Artieic 1 of the Treaty concluded at Washington on the loth of .June. 181(5, between Iler Majesty the Queen of the United Kingdom of (ireat Britain and Ireland, and the United States of America, that the line of boundary between the territories of iler Britannic Majesty and those of the United States, IVom the ])oiiit on the iDth parallel of north latitude, up to w hieh it had alieady I'een ascertained, should bo continued westward along the said parallel ol north latitude "to tiie middle of the channel which separates the Conti- nent from Vancouver's Island, and thence southerly through the midille of the said channel, ami of Fuca's Straits, to the Pacilic Ocean :" — and whereas the Commis- sioners appointed by the two High Contractiiig Parties to mark out that |)ortion of the boundary which runs southerly through the middle of the channel aforesaid have not been able to detcrnnne which is the true line contemplated by the Treaty : It is agreed to refer to scune friendly Sovereign or State to determine the line which, according to the terms of the aforesaid Treaty, runs southerly through the middle of thechainicl which separates the Continent from Vancouver's Island, and of 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 eoncluded for giving ell'ect 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 he left to such Sovereign or State to determine upon some line which, in the o|)inion of such Sovereign or State, will furnish an etpiitablc 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 Sovereign or State shall be at liberty to call for the piouuetion of. and to consult, all the corres|)oiulence which has taken place between the British and American Governments on the matter at issue, and to weigh the testimony of the British and American negotiators of the Treaty as recorded in that correspondence as to their intentions in fr-^edng the Article in question; and such Sovereign or State shall farther be at liberty to call for the reports and correspon- dence together with any documents, maps, or rmrveys hearing on the same, which have emanated from, or wer(> considered hv. the Commissioners who have n-cently lieen employed by the two (Jovernineiits to endeavour to ascertain the line of hounilary as eontemplated by the Treaty, and to consider all evidence that cither 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 the Article, t 10 those words having been agreed to by both parties, and having been inserted in a Treaty certified by both Governments. IV. Tho respective parties formally engage to consider the decision of the referee, wiicn given, as final and conclusive, whether such decision shall be a positive decision as to the line of boundary intended by the true meaning of the words of Article I of the Treaty of 1846, or whether tiie said referee, being unable to give such positi\e decision, siiall give as a decision a line of boundary as the nearest approximation to an accurate construction of those words, and as furnishing an ccpiitahle solution of the ditticuUy ; and such decision shall, without reserve, be carried into immediate effect by Commissioners to bo appointed for the purpose of marking out the line of boundary in accordance witii such decision of the referee. V. It is understood that this Agreement shall not go into operation, or have an v effect, until the question of naturalization now pending between the two Govern- ments shall have been satisfactorily settled by Treaty, or by law of Parliament, or by both, unless the two parties shall in the meantime otherwise agree. Done at London, the 17th of October, 18G8. (Signed) STANLEY. REVERDY JOHNSON. No. 14. Lord Stanley to Mr. Thornton. Sir, Foreign Office, October 21, 1868. THE United States' Minister called on the 20th instant to discuss vvith me the question of the " Alabama" claims, and much conversation passed between us on the subject, in the course of which Mr. Reverdy Johnson again put forward the Eroposal adverted to in Mr. Seward's former despatches, viz., that all the claims on oth sides sb luld be referred to the decision of Commissioners, who should be, in equal numiKrs, British subjects and American citizens, who, if they disagreed, should have power to call in an umpire, and whose decision, with such assistance, shall be final. I ))nintcd out to IMr. Reverdy Joiinson the inapplicability of this method of proceedings as ap|)licd to tlie " Alabama" claims and others of tlie same class. I expressed my opinion that inasmuch as tiie question at issue was really the culpabilitv or non-culpability of Her Majesty's Government in regard to the matter complaiiic'd of, it would be in tiie highest degree unseemly that a British sufjject should i)e called upon to |)ronounce judgment on the authorities of his own country; nor would the position of the American Commissioners be much better, — for if they decided against the view taken by the United States' Government, they would in fact be condemning the policy maintained by that Government during the last four years. Moreover, it would be hardly possible to find in cither country any individual of sufficient eminence for such a duty who was not in speech or writing already committed to some view oii the question ; nor could impartiality be reasonably expected in a matter in which the feelings of both countries were so deeply involved. For these reasons it seemed to me preferable that the arbitrator proposed should be the Sovereign or President of a friendly State. I named especially the President of the Swiss Republic and the King of Prussia. Mr. Reverdy Johnson said he was not instructed to accede to the proposal I had made, but would telegraph for permission to do so. He did so accordingly before leaving the oUiee, and has promised me an early reply. In this conversation little was said as to the point on which the former negotia- tions broke oft', viz., the claim made by the United States' Government to raise before the Arbiter the question of the alleged premature recognition by Her Majesty's Government of the Confederates as belligerents. I stated to Mr. Reverdy Johnson that we could not on this point depart from the position which we had taken up, but I saw no impossibility in so framing the reference as that, by mutual consent, either tacit or express, the dilhculty might be avoiiled. I am, &c. (Signed) STANLEY. u No. 15. Lord Stanley to Mr, Thornton. Sir, Foreign Office, November 10, 1868. MR. REVRRDY JOMNSOX called at the Foreign Office on the 29th ultimo, and made a proposal on hehalf of his (lovcrnment, for a basis on which a settlement of the British and American claims might be arrived at by arbitration through a Mixed Commission. This proposal was reduced to a more formal sliape at a further int(M'view between Mr. Reverdy Johnson and myself on the 3rd instant, at which Iler Majesty's Attorney-Cjcnerai was present, and has now been adopted in a Convention, which I have tiiis day signed with Mr. Johnson, and of which I inclose a copy for your information. You will observe that the general claims are to be adjudicated upon by the Commissioners, who on this occasion are to be four in number, assisted by an Arbitrator, in the manner provided by the former Claims Convention of the 8th of February, 1853. The class of claims known as the " Alabama" claims are also to be dealt with by the Commissioners, but their consideration of these claims is to be limited to the official correspondence which lias already taken place between the two Govern- ments, and, in the event of their not coming to an unanimous decision, is to be referred to some Sovereign or Head of a fiientlly State who is to be chosen by the two Governments as Arl)itrator for the puri)ose, without argument or further evidence. The Commissioners unanimously, or the Arbitrator, are, however, to be at liberty to call for argument or further evidence if they or he shall deem it necessary. I am, &c. (Signed) STANLEY. Inclosure in No. 1 5. Convention between Great Britain and the United States of America, for the Settlement'of all Outstanding Claims. — Signed at London, November 10, 18()8. \. '^'REAS claims have at various times since the exchange of the Ratifica- tions o\ .he Convention between Great Hritain and the United States of America, signed at London on the 8th of February, 1853, been made upon the Government of Her Britannic Majesty on the part of citizens ol the United States, and upon the Government of the United States on the part of subjects of Her Britannic Majesty : and whereas some of such claims arc still pending, and remain unsettled : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the United States of America, being of opinion that a spcedv and eqnitalile settlement of ail such claims will contribute much to the maintenance of the friendly feelings which subsist Ijotween the two countries, have resolved to make arrange . ts for that purpose by means of a Convention, and have named as their Plenipotentiaries to confer and agree thereupon, that is to say : — Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Edward Henry Stanley, commonly called Lord Stanley, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, Her Principal Secretary of State for P'oreign Affairs ; And the President of the United States of America, Reverdy Johnson, Esquire, Envoy Extraordinary and Minister Plenipotentiary from the United States to Her Britannic Majesty ; Who, after having communicated to eacii other their respective full powers, found in good and due form, have agreed as follows : — ARTICLE I. The High Contracting Parties agree that all claims on the part of subjects of Ilcr Britannic Majesty upon the CJovernmcnt of tl • United Slates, and all claims on the part of citi/.cns of the United States upon 1 e (iovernment of Her Britannic Majesty, which may have been presented to either Government for its interposition C 2 12 with the other since the 26th of July, 1853, the day of the exchange of the ratifica- tions of the Convention concluded between Great Britain and the United States of America, at Loiuioii, on the Htii of Fc!)riiar\ , li^o',i, and whic-li yet remain iinsettlecl ; as well as any other such claims wiiich mav be presented wilhin the time si)ecified in Article III of this Convention, wiietluT or not arisinfj out the late civil war in tlie United States, shall be referred to four Commissioners, to be appointed in tlie following manner, that is to sav : two Commissioners shall be named by Iler Britannic .Majesty, and two by the President of the United States. In case of the death, absence, or incapacity of any Commissioner, or in the event of any Commissioner omittin<^' or ceasing to act as such, Her Britannic Majesty, or the President of the United States, as the case may be, shall forthwith name another person to act as Commissioner in the place or stead of the Commissioner originally named. The Commissioners so named shall meet at London at the earliest convenient period after they shall have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn Declaration that they will impartially .and carefully examine and decide, to the best of their judgment, and aecortling to justice and equity, witiiout icar, favour, or adection to their own country, upon all such claims as sliall be laid before them on the part of the Governments of Iler Britannic JNIajesty and of the United States, respectively ; and such Declaration shall be entered on the record of their ])roeeedings. Tlie Commissioners shall then, and before proceeding to any other business, name some person to act as an arbitrator or umpire, to whose final decision, save as otherwise provided in Article IV of this Convention, shall be referred any claim upon which they may not be able to come to a decision. If they should not be able to agree upon an Arbitrator or Umpire, the Commissioners on either side shall name a person as Arbitrator or Umpire; and in each and every case in wiiich the Commissioners may not bo able to come to a decision, the Commissioners sliall determine by lot which of the two persons so named shall be the Arbitrator or Umpire in that jjarticular case. The person or persons so to be ciiosen as Arbitrator or Unipiic shall, liefoic proceeding to act as such in any case, make and subsciibe a solcian deilaraiioii, in a form similar to that made and subscribed by the Commissioners, wliieh sh;dl be entered on the record of their proceedings. In the event or (he dculi. ahsenee. '.s- incapacity of such person or persons, or of his or their omitting', or decliniii'^-, or ceasing to act as such Arbitrator or Umpire, another person sliall lie named, in the same manner as the person originally nameil, to act as Arbitrator or Umpire in his place and stead, and shall make and subscribe Guch declaration as aforesaid. ARTICLE II. The Commissioners sliall then forthwith proceed to the investigation of the claims which shall be presented to their notice. They shall investigate and decide upon such claims in such order and in such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on belialf of their respective Governments. They shall be bound to receive and peruse all written documents or statements which may be presented to them by or on behalf of their respective Governments, in support of or in answer to any claim, and to hear, if required, one person on each side on behalf of each Government, as Cou id or Agent for such Government, on each and every separate claim. Should they fail to (lecide bv a majoritv upon any individual claim, they shall call to their assistance the Arbitrator or Umpire whom they may have agreed upon, or who may be determined by lot, as the case may be ; and such Arbitrator or Umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the Commissioners, shall decide thereupon finally and without appeal. The decision of the Commissioners, and of the Arbitrator or Umpire, shall be given upon each claim in writing, and shall be signed by them respectively and dated. It shall be competent for each Government to name one person to attend the Commissioners ms Agent oe its behalf, to present and support claims on its belialf, and to answer claims ma-ic upon it, and to represent it generally in all matters connected with the investigation and decision thereof. The provisions of this Article shall, however, be subject to the special arrangements made by .\rticles IV, V, and VI of this Convention, rcspec'.ing the 13 convenient ri ( claims which for-n the subject of thosn Articles, and which shall be dealt with as directed in those Articles, ARTICLE 111. Every claim shall bo presented to the Commissioners within six months from the (lay of their first mectinf^. unless in any easo where reasons for delav sliall be estat)lis!!e(l to tiic satisfaction of the Commissioners, or of the Arbitrator or Umpire in tlie event of the Commissioners differinj;;' in o|)inion thereupon ; and then and in any such case the i)eriod for presenting the claim may be extended to any time not exceeding; three months longcr. The Commissioners shall be bonnd to examine and decide npon every claim within two years from the day of their first meeting. It shall be competent for the Commissioners, or for the Ari)itrator or Umpire if they difl'er, to decide in each case whether any claim lias or has not been didy made, preferred, or laid before thetn, cither wholly, or to any and what extent, according to the true intent and meaning of this Convention. ARTICLi: IV. The Commissioners shall have power to adjudicate upon the class of claims referred to in the oflieial correspondence between the two Ciovernments as tiie "Alabama" claims; but before any of such claims is taken into cor.sideration l)y them, the two High Contracting Parties shall fix upon some Sovereign or Head of a friendly State as an Arbitrator in res|)ect of such claims, to wliom such class of claims shall be referred in case the Commissioners shall be unable to come to an unanimous decision upon the same. ARTICLE V. In the event of a decision on any of the claims mcnticmed in the next preceding Article being arrived at l)y the Arbitrator, involving a question of compensation to be paid, the anioiml of sueli compensation shall be referred back to the Commis- sioners for adjudioation ; and in the event of their not i)eiMg al)le to conic to a decision, it sliall then be decided by the arbitrator appointed by them, or who shall have been determined by lot according to tlie provisions of Article 1. ARTICLE VI. With regard to the before-mentioned " Alabama" class of claims, neither Government shall make out a case in support of its position, nor shall any person be heard for or again-^t any such claim. The oHicial correspondence which has alreadv taken place between the two Governments respecting the questions at issue shall alone be laid before the Commissioners ; and (in the event of their not coming to an unanimous decision as [irovided in Article IV), then before the Arbitrator, without argument written or verbal, and without the production of any fu.-ther evidence. The Coiimissioners unanimously, or the Arbitrator, shall, however, be at liberty to call for argument or further evidence, if they or he shall deem it neces- sary. ARTICLE VII. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the United States of America, hereby solemnly and sincerely engage to consitler the decision of the Commissioners, or of the Arbitrator or Umpire, as the case may be, as absolutely final and conclusive upon each of such claims decided upon by them or him respectively, and to give full effect to such decisions without any objection or delay whatsoever, ARTICLE VIII. It is agreed that no claim arising out of any transaction of a date prior to the 26th of July, 1853, the day of the exchange of the ratifications of the Convention o' the 8th of February, I85.'{, shall l)e admissible under this (.'onvention. ARTICLE IX. All sums of money which may be awarded by the Commissioners, or by the arbitrator or umpire, oil account of any claim, shall be paid in coin or its equivalent 14 by the one Government to the other, as the case may be, within twelve months after the date of the decision, without interest. ARTICLE X. The High Contracting Parties engage to consider the result of the |)roceeding8 of this Commission as a full and linal settlement of every claim upon either Government arising out of any transaction of a date prior to the exchange of the ratifications of the present Convention ; and further engage that every such claim, whether or not the ^jame may liave been |)rcscnte(l to the notice of, made, preferred, or laid before the Siiid Commission, sliall, from and after the conclusion of the Eroceedings of the said Commission, be considered and treated as finally settled and arred. ARTICLE XI. The Commissioners sliall keep an accurate record and correct minutes or notes of all their proceedings, with the dates (hereof, and siiall appoint and employ clerks or other persons to assist thcni in the transaction of tiie business whicii may come before them. The Secretary shall be appointed by the Principal Secretary of State for Foreign Affairs of Her Uritannic Majesty, and by the Representative of the United States in London, jointly. Each Government shall pay the salaries of its own Commissioners. Ail other expenses, and the contingent expenses of the Commission, including the salary of the Secretary, shall be defrayed in moieties by the two Parties. ARTICLE XII. The present Convention shall be ratified by Her Britannic Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof; and the ratifications shall be exchanged at London as soon as may be within twelve months from the date hereof. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at London, the tenth day of November, in the year of our Lord one thousand eight hundred and sixty-eight. (L.S.) STANLEY. (L.S.) REVERDY JOHNSON. No. 16. Lord Stanley to Mr. Thornton. Sir, Foreign Office, November 10, 1868. WITH reference to my despatch of the 17th ultimo, 1 transmit, for your information, a copy of a Protocol which I have this day signed with Mr. Reverdy Johnson, recording the agreement of Her Majesty's Government and that of the United States to refer the disputed question of boundary to the decision of the President of the Swiss Confederation. I am, &c. (Signed) STANLEY. Inclosure in No. 16. Protocol recording the Agreement of Her Majesty's Government and the United States to refer the disputed Question of Boundary to the decision of the President of the Swiss Confederation. THE Undersigned, Edward Henry Lord Stanley, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, and Reverdy Johnson, Esquire, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, being respectively authorized and empowered by their Governments, hereby declare that the laid Governmenta agree to rofer the disputed question of boundary which 15 forniB the subject of the Protocol signed by them on the Hth of October last, to the decision of the President of the Federal Council of the Swiss Confederation. Done at London, the 10th of November, 1868. (Sio-nod) STANLEY. REVKHDY JOHNSON. No. 17. Lord Slanlei) lo Mr. Tliomton, Sir, Foreign Office, November 24, 1868. WITH reference to my despatch of the !Oth instant, F transmit herewith, for your information, three copies of an Additional Article to the Convention which was signed on the above date, for the settlement of all outstanding claims between Great Britain and the United States. I am, &c. (Signed) STANLEY. Inclosure in No. 17. Additional Article to Claims Co7ivention, November 23, 1868. WHERF^AS by Article I of the Convention between Her Britannic Majesty and the United States of America, signed at London on the 10th day of November, 1868, for the settlement of all outstanding claims, it was agreed that the Commis- sion thereby stipulated to be appointed for the investigation and decision of such claims should meet at London ; And whereas it has since appeared desirable that the place of meeting of the said Commission should he Washington ; The Plenipotentiaries who signed that Convention, having met together, have agreed to substitute Washington for London as the place for the meeting and sitting of the Commission aforesaid. They have further agreed that the Secretary of the Commission shall be appointed by the Representative of Great Britain at Washington and by the Secretary of State of the United States, jointly, instead of in the manner provided by Article XI of the Convention. The present Additional Article siiall have the same force and effect as if it had been inserted, word for word, in the Convention of tiie 10th of November, 1868. It shall be ratified, and the ratifications shall he exchanged at the same time as those of the Convention. In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at London, the twenty-third day of November, in the year of our Lord one thousand eight hundred and sixty-eight. (L.S.) STANLEY. (L.S.) REVERDY JOHNSON. No. 18. Lord Stanley to Mr, Thornton. Sir, Foreign Office, November 27, 1868. 1 HAVE received your telegraphic despatch of to-day's date, informing me that difficulties have been raised by the Government of the United States in regard to the Claims Convention recently signed by Mv. Reverdy Johnson and myself, and that they are of opinion, in which you concur, that the Convention as it now stands would not be sanctioned by the Senate. You also mention that the United States' Cabinet are anxious that the Convention should be passed, and have asked you to come home to explain their objections to it, and to endeavour to induce Her Majesty's Government to make modifications in it. 1 have this day informed you by telegraph that 1 see no necessity for your 16 returning to England, and have instructed yon to inrorm me by telegraph of the points objected to by the United States' Government, and of the grounds on which thfir objections have been raised. I am, &c. (Signed) STANLEY. No. 19. Mr. Reverdy Johnson's Instructions. — (Communicated to Lord Stanley by Mr. Reverdy Johnson, December \, 1868.) THE following amendments to British printed copy are essential in the Claims Treaty. Article 1st, line twenty, insert after " President," " by and with the advice and consent of the Senate." Same Article I, second |)aragraph, strike out " London," and insert •' Washington." Same Article 1, tliird page, strike out "save as otherwise provided in Article IV of tills Convention." Article llnd, strikeout the last parui^raph entire. Article IV, strike out all id'tcr woril "claims " in i'oiirih line, or, if jireferred, omit the whole of Article IV. Article V. If Article IV is amended and changed as a!)()ve proposed, Article \ m.JV stand without amendment. If Article IV is omitted tMitireiy, then amcMid Article V, line two. by striking out the words "mentioned in the next preccvling Article." Article VI. Either omit the whole Article, or substitute the following therefor: In case of every claim the ofhcial correspondence which !ias taken place between the two Ciovernments rcs|)ccting the questions at issue shall be brought before the Commissioners, and in the event of their net agreeing to have decision thereupon, then before the arbitrator. Kitiier Govcrr ment may submit further evidence and further argument tliereu])on written or verbal. Article IX. Strikeout ''tw.'lve," and insert "eigliteen." Article XI, second paragraph. Strike out all after the word "the," and insert "the Representative of ller Britannic Majesty at Washington and the Secretary of State of the Unitetl States jointly." If these amendments be not assented to, let San Juan remain in Protocol. If they are acce|)t('d, sign the Claims Convention and change San Juan Protocol into Convention, and sign the same. Eull go by post; but time is important. No. 20. Lord Stanley to Mr. Tliornlon. Sir, Foreign Oj/ice, December N, 1S()8. I UXDKRSTAND from your telcgraphie despatch of the 27th ultimo that Mr. Seward and the Cabinetof Washington (lisa])provc of the Convention which the United States' .Minister signed with me on tiie lOth ultimo, for the settlement of British and American claims, on the ground that it is not in accordance with the instructions sent to Mr. Johnson, and that they are conlident thai, the Senate will refuse to sanction it. 1 have learnt from your further telegram received on the 30th ultimo the very important modiiieations wliich .Mr. Seward wishes to be made in that agreement. ■ I have received this intelligence witii some surprise, as during the progress of our negotiations, .Mr. Johnson at no time intimated to me that he was not acting under sufKcieut instructions from his Government ; indeed, when framing with him the Memorandum which was the groundwork of, and is, in fact, embodied in the Convention, I distinctly understood from him that he thought their approval was certain, and s /bsccpient to the signature of the Convention, I was further informed by him that I\lr. Seward had slated iii a telegraphic despatch that if the place of meeting of the Conunission was Washington and not London, '• all will be right." This poii;t ii.n ing ijoen (vjuccdivl. ! lei* M-ijcsiy's tiovernment had every reason to .suppose that the Convention was in other respects aecci'Lcd l)y the Cabinet of * These ore stated iu No. 19. 17 ph of the on which NLEY. Reverdy the Claims the advice strike out striive out ' preferred, I, Article \ hen amend . preceding ig therefor : ce between t before the tliereupon, ridence and " and insert Secretary of (itocol. If rotocol into »r S, 1S()8. ultimo that 11 whicli the Htlement of ice with the Senate will ivcd on the to be made progress of not acting g with him lodied in the pproval was ler informed the place of n : 11 be rigiit." ry reason to Cabinet of Washington as it stood, with a fair hope that it would ultimately receive the ganction of the Senate of the United States. Under these circiinistanccs I think it right to place on record in a despatch a full narrative of the communications wiiicli have passed between Mr. Johnson and myself on the cpiestion of the claims, and whicii led to the signature of the Conven- tion of the loth of November, and of the separate Article attached to it. In a conversation which too'; !)la c at tiie Foreign Odice on the 25th of September, Mr. iJolinson, after (liscus.siug witli me the subject of naturalization, passed to that of the so-called " Alabama" claims. In this conversation, of which a memorandum is inclosed, extracted from my notes of the interview, Mr. Johnson lirst suggested, as a means of settlement, the |)aymcnt of a lump sum of money, or a cession of territory by Cireat Britain, both of which plans 1 considered iniulmissible, si) long as the cpiestion of the liability of (Jreat Britain was denied bv us, and remained undecided. .Mr. Johnson then spoke of the manner in which arbitration, it agreed upon, might be carried out, and made a suggestion that the questions in disjjute with regard to tlie.se claims might be referred to the decision of a certain number of individuals, to be seleete(l for their acrpiaintance with the principles at issue. lie said that these persons need not be subjects of cither of the two countries directly concerned. Without committing myself to any positive (Iccision on this point. I said that although such a proceeding would be contrary to the usual practice in such cases, 1 did not at the moment see any objection to it so vital as to make it ab Initio iiiadmissihle, provided the other points of diHcrence were satisfactorily arranged. This conversation, so far as it related to the "Alabama" claims, was understood to be of a confidential and unoflicial character, Mr. Johnson having no authority to deal with that question, till the question of naturalization had been disposed of. Nothing, therefore, passed which could be held to bind either party. After signing the Protocol on Naturalization on the 9th of October, .Mr. .Fohnson entered with me on tiie discussion of the San Juan question. During tlie progress of the negotiations he communicated, confidentially, an extract of his instructions, to the following eliect : — "Our conclusion is, that in the event that you become convinced that an arrangement of the naturalization question, which would be satisfactory to the United States in view of your previous instructions, can be made, — then, and in that case, you may open concurrent negotiations upon the two questions first herein named, to wit, San Juan and the Claims Questions; hut that those two negotiations shall not be completed, or your proceedings therein he deemed obligatory, until after the naturalization (juestion shall have been satisfactorily settled by Treaty or by law of Parliament." In consequence of this clause in his instructions, Mr. Johnson stipulated that the agreement on the San Juan arbitration should be embodied in a Protocol instead of a Treaty, and that a provision shouhl be inserted making its operation dependent on the satisfactory settlement of the naturalization cpiestion by Treaty, or by Law of Parliament, or by both. To which clause the words, " unless the two Parties shall in the mean time otherwise agree," were added at my suggestion. The Protocol on the San Juan question having been signed on the 17th of October, Mr. Johnson called, by appointment, on the 20th of the same month to discuss with me the question of the claims. In this conversation, which is placed on record in my despatch to you of the 2lst, Mr. Johnson proposed that " all the claims on both sides should be referred to the decision of Commissioners who should be, in equal numbers, British subjects and American citizens ; who, if they disagreed, should have power to call in an umpire, and whose decision, with such assistance, should be final," 1 objected to this plan, for reasons given at length in the despatch, and said that lor these reasons it seemed to me preferable that the arbitrator proposed should be the Sovereign or President of a friendly State. I named especially the King of Prussia, as likely to be acceptable to both parties. Mr. Johnson said that he was not instructed to accede to the proposal I had made, but would telegraph for permission to do so. Mr. Johnson called on the 29th of October to convey the answer of his Govern- ment, and a Memorandum of his communication is inclosed. F'rom this statement it appears that Mr. Seward conceived that "there would he a prejudice on one side or the other against any Arbitrator who might be named beforehand to decide on this specific question." He proposed, therefore, that " each Government should, in the first place, name Commissioners, two on each side, to [166] D (PT 19 acljiulioate «>ti all claims by the subjects or citizens of cither country on the other, arisiiii;- otii oT tlic lato ti\il war in liic IJiiitfd States." " The two Governments, in aiitiitiiai, iw a;;ire on an Arliitrator or Arbitrators, to whose final decision uiiull be rel'ericil any (|iu'slion connectid with such elaiins on which the Commissioners shall be iiual)!;' to come to an ai^recmcnt amony; themselves." " In the event of this plan beinj,- .ulnjjtcd. it woidd appear expedient furtlter to provide that neitlier Govern- ment slioidd make out a case in support of its position witii rej^ard to any class of claims, but that any (piestion on which dilHeulties may arise between the Commis- sioners sliould j;o I'rom them to llio .Arbitrator as it stands." On the 3rd of November Mr. Joiinson af^ain called on me at the Foreign Oflice, by appointment, for a Conference, at which the Attorney-General, at my instance and with .Mr. Johnsons consent, was also invited to be present, and at this meeting a Memorandum was drawn up, of which a copy is also inclosed, embodying the result arrived at, and to which .Mr. Johnson was understood to assent on behalf of his Government. It is on the bases laid down in this Memorandum that the Convention of the 10th of Novend)er is founded. The .Miinnrandum was submitted by me to the Lord Chancellor and the Prime Minister, and upon their s ij^gesting some verbal alterations for the sake of greater clearne:-.s, I sent a copy on the 4th of November, with the revisions marked, to Mr. Johnson, to ask wliether he saw any objection to them. ]Mr. Johnson replied the next day that he had no objection to the alterations, with one exception, in which he sugi;estetl the substitution of an Knglish version for the Latin words " pro hac rice," which it was propo.scd to introduce. Mr. Johnson said that he did not see that these words alT'ectcd the sense of the Article at all, but that others might suppose that they did, and he might be asked for an expla- nation, which would lead to delay. He added, " It is important, I think, that the Convention bo signed at the earliest moment, and I will thank your Lordship to let me know w hen you can see me on the subject, as there are some matters of detail yet to be agreed u|)on." I accepted at once the single modification proposed by IMr. Johnson in le Memorandum, .ind a Protocol was drawn up in the terms specified, and. submi d to the l^avv Ollicers of the Crown for their o|)inion. Hut as Mr. Johnson had used the word "Convention " in his note of the oth oi Novoiid)er, I wrote to him to ask " wliell.ci- he would be ready to sign an actual Convention on the subject, or whetiicr he would slill prefer to adhere to the form of a Protocol, similar to those in whii 11 the results of the former negotiations on the Naturalization and San Juan questi-, '%n ' ms by the subjects or I late civil war in the loners. ;ralor or arbitrators, to ;ccl with such claims on an agreement among )mmissioners will diifcr The question will then sion will thus virtually Jar expedient further to I support of its position )n which difference may to the arbitrator as it Mr. Reverdy Johnson, and er 3, 1868. revised at the mcetinp between This copy was sent privately to lied by him with a suggestion, as the Government of the , name Commissioners, ti/.ens of either country ar in the United States, to whose final decision ■, ' '".'■ upon which the ; ite upon the so-called ' stTnenttoned claims are tive Governments to fix le event of the Commis- mentioned claims being lid, the amount of such adjudication, and, in the them under the second « ■ unanimous. Otherwise : :hcrs included under the Kc out a case in support •th in the ofiicial corriv d to the Commissioners. ;he Arbitrator, without 2\\ evidence or argument le case may be. 21 Inclosure 4 in No. 20. Lord Stanley to Mr. Reverdy Johnso-}. Dear Mr Johnson, j.„,,;^„ o^,cr, November 4, 1808. I llA\h heen in consultation with some of mv enUoaouos rcsivrti,,..- the proposaMor referring the Britisi, and American claims to arbitration aad"son>e verbal alterations have been suggested in the Memorandum drawn up at our Conference yesterday. ' I inclose a copy of the iVIemorandum, with the revisions marked in red ink and shall ho ohiig by your letting me know whether vou see any objection to them, lliey ;iro simply introduced for the sake of greater clearness. ' Believe mo, &c. (Signed) STANLKY. Inclosure 5 in No. 20. Mr. Reverdy Johnson to Lord Stanley. ,, 1 , , c , Legation of the United States, London, My dear Lord Stanley, December 5, 18«8. 1 HAVL just received your note of last evening, with its inclosure, and hasten to say tiiat I have no objection to the alterations suggested in the latter. I would pre'P-, however, t!iat the words pro lidc vice inserted ^in the Hlrd Article should be omitte.i. I do not see tiiat thev affect the sense of the Ardclc at all, but others mav suppose that they do; and I may be asked for in explanation, which would lead to delay. I would suggest, therefore, that instead of those words we substitute "as to such claims." It is important, I think, that the Convention be signed at the earliest moment ; and ! will thank your Lordship to let mo know wlien you can see moon the subject, a. tlioie are some matters of detail yet to be agreed upon. With sincere regard, &c. (Signed) REVERDY JOHNSON. Inclosuso 6 in No. 20. Lord Stanley to Mr. Reverdy Johnson. Dear Mr Johnson, Foreign Office, November G, 18(SS. 1 SMALL be most happy to see you here on Monday at 12. I sec no objection to the words pro hdc vice being o.iiitted, and " as to such "claims " sul)stituted. Very truly yours, (Signed) STANLEY. Inclosure 7 in No. 20. Lord Stanley to Mr. Reverdy Johnson. Dear Mr. Johnson, Foreign Office, November 6, mS. IN order to expedite matters, I am having the Memorandum as to the settle ment ol the claims put into formal shape, so that any further addition which niay be adoi)ted at our next meeting, may be inserted with the least no«sible uelay. ' For this purpose I should bo glad to know whether you would be ready to si<.n an actual Convention on the subject, or whether you woiild still profer to adhere to the form of a Protocol, similar to those in which the results of our former neooti-i- tions on the Naturalization and San Juan questions have been recorded. ^ I make the inquiry, as you use the word "Convention" in vour note of yesteraay. ■' Believe me, &c. (Signed) STANLEY. 22 Inclosure 8 in No. 20. Mr. Reiwrdji Johnsoti to Lord Stnnln/. Legation of tin- Un'itrd Stnlos, London, My dciir Lord Stanley, Norcmbcr (i, 18GS. I WILL sign a Convention instead of a Protocol, on the matters now unsettled, as I consider that 1 am authorized to do so by the cable despatch from Washington, which I showed you, taken in connection with my original instructions. But vvill you consider these equivalent to a formal full Power ? If you do, have an agreement drawn up in that form I remain, &c. (Signed) REVERDY JOHNSON. Inclosure 9 in No. 20. Lord Stanley to Mr. Reverdij Johnson. Dear Mr. Johnson, Foreign Ofpre, Novcmbrr 7, ISOS. I AjM ready to sign a Convention with you on the Claims question, to l)o signed by you, sub spe rati, ir. the absence of formal full jjowers. I accordingly inclose a draft, founded on tlie terms of the Memorandum, with such additions as are necessary to define the action of the Commission, &^. ; these additions being principally taken from the Convention concluded between the two Governments in 1853 for the settlement of Claims, of which instrument I also send you a copy. Believe me, &c. (Signed) STANLEY. Inclosure 10 in No. 20. Mr, Reverdtj Johnson to Lord Stanleij. My dear Lord Stanley -1, Upper Portland Place, November 12, 1868. 1 HAVE just received a telegraphic despatch from .Air. Seward, saying Claims Convention entirely acceptable, except as to the place of meeting ; and that it is essential to its approval bv the Senate tiiat the place be Wasiiington and not London. I think the change will be disadvantageous to tiie " Alabama " claimants ; but if he is right, that it is necessary to the final ratification, I hope you will not object to it. Let me know, by telcgrain or mail, at your earliest convenience ; if by telegram, say, " Have no objection." Yours truly, (Signed) REVEROY JOHNSON. I No. 21. Mr. Thornton to Lord Stanley. — (Received December 12.) (Extract.) Washington, November ."30, 1808. MR. SEW^ARD received, on the 24th instant, the Convention upon Claims signed by your Lordshij) and Mr. Reverdy Johnson on the 10th instant. It was taken into consideration on tiie same day at the meeting of tiie Cabinet, and rumours were current soon after that the Government were sorely disapjiointed at its contents, which were pronounced to be unsatisfactory. 1 had the iionour to receive tiie copy sent mc by your Lordship on the following day, the 2r>th instant. On the 2(itli, Mr. Seward c ^.1 upon me, and informed me that the contents of the Convention were iiol in accordance witli the instructions which had been given to .Mr. Heverdy Johnson, that the Presi draft of a despatch which he intended to send to .Mr. Ueverdy Johnson ; and, after the receipt of your Lordship's telegram of the 'i8th instant, 1 paid him another visit. I understand thut a telegram was sent to Mr. Johnson on the evening of the 27lh instant, and that the (iespatch, of which the draft had been read to me, left New York on the 2Hth instant. These two contained the modilications proposed by Mr. Seward, and which I proceed lo detail mure fully than was possible in the telegram which I iiad the lionour of forwarding to your Lordship to-day.f Mr. Seward has pointed out to Mr. Reverdy Johnson that he had always intended, and had so instructed him, that a Protocol, not a Convention, should be signed with regard to the " Alabama " and war claims, in the same manner, and with the same condition, as that upon the San Juan (pu'stion. I have certainly always understood this to be the case, and I believe that my correspondence with your Lordship has given indications of this conviction on my part. Mr. Seward explains that he had proposed this step, not from any want of coididence that a Bill would be submitted by Her Majesty's Government to Parliament for modifying * Hee No. 18. t iseu No, IS. 24 the existing" laws of allegiance, but because he preferred that the Senate should be conciliated by the stipulations being submitted to them in the form of a Protocol, which wouhl be as it were a mode of asking their advice whether a Convention might l)e t-iigiu'd in the same terms, their sanction of which would thus be insured. 1 now gather, iiowever, from Mr. Seward's despatch that he has authorized I\Ir. Jolinson, should your Lordship wish it, and should you consent to the proposed modilications, to sign Conventions on all the three questions — Naturalization, San Juan, and Claims — or on any two of them. i'he first change asked by Mr. Seward is that in line 20 of the 1st Article should be inserted after the word " States " the words, " by and with the advice and consent of the Senate." Your Lordship will easily understand that this is not a sine qua non, but is proposed as a mark of deference to the Senate on the part of the President, and as the more expedient on account of the recent conllict between the Congress and the President, and, therefore, more likely to disarm opjxjsition. It is a change to which I imagine Her Majesty's Government would have no objection. To the change of the place of meeting of the Commission from London to A\'as!iiiigton your Lordship has already signified your willingness to assent. The proposal to cancel in line 14 from the word "save'' to ti'.e word " Conven- tion," and the last |)aragra|)h of Article II, is a consequence of Air. Seward's petition that the whole of Article IV siiould also be cancelled. The United States' Oovcrnment declare that the second period of this Article contains an unjust o ameiuicd so as to make the provision literally conform in this respect to the constitution of the United States. Of course Her Majesty's Ciovernmcnt can have no objection to this amendment. ■ [155] P 26 2ndly. We are advised that, in accordance with my suggestions heretofore made by cable telegram, Her Majesty's Government have consented to amend the 1st Article so ;is to substitute Washington instead of London for the place of the meeting of the Commissioners. This amendment will be expected to be (inally made. 3rdly. We must insist upon amending this 1st Article by striking out tlie words "save as otherwise provided in Article IV of this Convention." Our icasons for this amendment will fully appear in my commentary upon Articles iV, V, and VI. You are authorized to say that, with these arac'idments, Article I would be satisfactory to the Prct^ident of the United States. I proceed to .Article II. Article II i)rescribcs certain forms and rules for the proceedings of tlic Commis- sioners, and provides tliat each Government may name one person to attend the Commissioners as agent upon its behalf, to present, and support clninr-; on its heludf, to answer claims made upon it, and to represent it generally. Article II closes with tile following paragraph: — "The provisions of this Article siiall, iiowevcr, be subject to the special arrangements made l)y Articles IV, V, and VI oftiiis Conven- tion, respecting the claims whicii forr.i the subject of these Articles, which shall be dealt with as directed in those Articles." Tile United States must insist on striking out this last paragraph of Article 11, for the reasons which appear in the remarks hereinafter made on Articles IV, V, and VI. You are authorized to say that, with tliis exception, Article II would be satisfactory to the President. I pass to Article III. Article HI fixes the periods within which claims shall be submitted, examined, and decided. This Article is unobjectionable, and is entirely approved. 1 have thus come to Article IV. Article IV specially ileclares that tlie Commissioners shall have power to adjudicate upon the class of claims referred to in the ollicial corresi'ondcnce between the two Governments as the " Alabama" claims, but declares that before any such claims are o be taken into consideration by them, the two Hit; Contract- ing Parties sliall fix upon some Sovereign or Head of a friendly State as an Arbitrator in respect of such claims, to whom such class of claims shall be referred in case the Commissioners shall be unable to come to a unanimous decision upon the same. Tlie United States are obliged to disallow this Article IV. The Uriited States have no objection to the first clause of the Article, which declares that the Commis- sioners shall have power to adjudicate upon the so-called " Alaliama " claims. Indeed the United States would willingly retain this clause because of its explicitness in regard to the " Alai)ama" claims. They did not, in their instructions to you, insist upon such a special direction in regard to the " Alabama" claims, but only because they thought that special mention of those claims might be deemed inconvenient on the part of Her ^lajest) 's Government; while it could not admit of doubt that these so-called " Alabama " claims were plainly included, as well as all other claims of citizens of the United States, in the comprehensive description of claims contained in Article I. Secondly, it is to be considered by Her Majesty's Government that the " Alabama " class of claims constitute the largest and most material portion of the entire mass of claims of citizens of the United States against (ireat Britain, which it is the object of the Convention to adjust. Upon the " Alabama " claims, as well as all others, this Government is content to obtain, and most earnestly desires, a perfectly fair, e(pml, and impartial judicial trial and decision. This Government has always explicitly stated that it asks no discrimination in favour of the " Alabama" claims, and can admit of no matfial discrimination against them in the forms of trial or judgment, but must, on the contrary, have thoni placed on the same basis as all other claims. This Article IV, so far from placing tliem on an equal footing with the other United States' claims, and with the liritish claims, prejudicially discriminates against them in these respects : — 1. While the Convention {)rovides that the other United States' claims, and the British claims shall be settled and determined by a majority of the Conunissioners, this Article IV requires entire unanimity of the Commissioners for a decision upon any of the " Alabama " claims. 2. This Article IV further discriminates against the "Alabama" claims in this ; that while the choice of an Arbitrator or Umpire in regard to all other than Govi be h nll'c; shall (<| a I vltiv ''Vi(l be ,-,, IlC'CCS jrctoforc nend the i-c of tlie c rmaUy out the r reasons {,\, and would be .Commis- .ttend the its lu'ludf, [■ U closes iwcvcr, be is Ct)nven- .h sliall be Article H, cles IV, V, [ would be examined, 3 power to ■cs\>oii(k'nce that before Contraet- Hate as an , be rc'i'crrcd ;cision upon i.iled States he Comiuis- li;i " claims, c'xplieitncss o you, insist [)nly because nconvcnient ■ doubt that lolher claims IS contained |ut that the portion of •e;it Britain, ina" claims, |)st earnestly ■ision. This iu favour of |>t;ainst theiu ■iu placed on •iiig them on ■itish claims, liims, and the Inimissioners, [leeisiou upon lv claims in ill other than 27 he " Alabama " claims is left to be decided by lot in case of disagreement of the Commissioners, this Article IV provides that, in regard to the " Alabama " claims, the two fJovcrimients shall definitively agree in the apjmintment of an Arbitrator or Umpire. 3. Tiiis Article IV again discriminates against ihc "Alabama" claims in requiring, that in regard lo those claims the Arbitrator or Um]nre shall be some Sovereign or Head of a friendly State, while no such limitation is made in regard to anv other class of claims. 'i'he present negotiation was undcrtal\en in tlie hc.pc that the controversy about international claims, which has so long existed, and lias l)cen attended with so much nntional feeling on both sides, might be amicably settled and closed by adopting the very simple yet comprehensive principles and forms of reference and adjudication which were ado|ited with so much success under circumstances not very dissimilar, by the Convention for the adjustment of international claims of February 8. 1S53. That Convention was jiroposcnl by the United States as a model which had already received the approval of both ])arties, and had the prestige of complete and even felicitous success. That Cf/uvcntion of 1853 had no resenations and no prefeiencc of, for, against, or concerning claims of an\ class of citizens or subjects of either nation. A judicial tribunal was constituted by it in a manner perfectly equal just, anrl fair; and to that tribunal was ccmfidcd the duty of hearing all claims of whatever separate clas-es, in only one and exactly the same manner, and deciding upon them in onl\' one and exactly the same manner. It probaliiy would conduce to no good end to set forth on this occasion the reasons why the "Alabama" claims, more than any other class of international claims existing between the two countries, are the very claims against which the United States cannot agree lo. or .admit of any prejudicial di-^criminalion. To present those reasons now, would he simj)ly to restat(> arguments which have been continu- ally jiresented by this Deiiartment in all the former stages of this controversy, while it is fair to admit that those reasons have been controverted with equal perseverance by Her JNIajesty's Department for Foreign Affairs. It is not to Ijc understood by these remarks that the Unit "d States (>xcept against the possible designation of a Sover(>ign or Head .l!()ws in its iiiimi ol' '"I'-y U-iU'ri' cbiin- lined mysrl' arirun'.oiit or controversy. You arc authorized, however, to say I am of opinion that the amendments proposed are important to recommend the Convention to acceptance by the Senate and approval by the Congress of the United States. The terms in ^vhic^ you have expressed yourself in your correspondence concerning the Convent* leave no room to doubt that you have supposed that it would be satisfactory to the United States in its present shape. It is further believed tiiat you may have expressed that opinion to Lord Stanley. Her ^Majesty's Government, disappointed in the expectation tiuis excited, may possibly be reluctant to continue the negotiation. In tiiat case you are autliorized to say that the transaction was conducted on tiie part of this Government l)y a large use of the cable telegraph ; tliat you were expected by this Government to adhere more closely than you iiave done to the Convention of 1853 as a model, and were supposed to be so adhering while my telegraphic instructions written under tliat misconception were liable to be misunderstood by you as ajjproving the departures you have made from that prescribed model. To this statement you will add the expression of regret on the part of this Government tiiat this misunderstanding, which now seems to have been unavoidable, should have been tlie means of leading Her Majesty's Government to sujipose that Articles IV. V, and W niii;lit be expected to obtain the constitutional assent of tiie Government of tlie United States. If on receiving this instruction you shall be able to bring the negotiation to a satisfactory conclusion, it will 1k' better to have that conclusion expressed in the form of a Protocol rather than of a Convention. Tiiat form would be preferable over the form of a Convention in view of the discussions which anv settlement of the subject miglit be expected to undergo in the Senate and among the peojile of tiie United States. It is not intended, however, by this remark to indicate any distrust of the acceptance of tlie Convention when amended as herein proposed. On the contrary, there is good reason to believe that such a settlement would be as promptly approved as its inllucncc upon the relations of the two countries would be immediately felt and appreciated. It remains only to say that in view of the present situation of the Claims Convention, it is expedient to let the satisfactory settlement of the Naturalization question and the San Juan question rest in Protocol. On the other liand, should Her Majesty's Government accept the amendment of the Claims Convention herein proposed, you are authorized in that case to reduce the three or either two of these agreements to the forms of distinct Conventions, and to sign and transmit them at once to this Department to be laid before the President for ratilication. To facilitate your understanding of this despatch I give you herewith a copy of the Convention as it would stand when amended as is herein proposed. I am, &c. (Signed) WILLIAM H. SKWARD. No. 23. Memorandum communicated by Mr. Reverdij Johnson, December 24, 18(38. ARTICLE T, paragr (irst. amend by and with advice and consent of the Senate. Paragraph second. Instead of "London," "Washington." Article I, for paragrapli, " 'JMie Commissioners shall then, and before proceeding to any other business, name some person to act as an Arl)itrator or Umpire, to whose final decision shall be referred any claim upon whicli tliey may not be able to come to a decision." In the case of any and every claim the Arliitrator or Umpire may be tiie liead of a friendly foreign State or nation. In naming or aoTceing upon an Arbitrator or Umpire tiie Commissioners on eacli side may refer themselves to tlieir own (ioveniments i'oi- instructions, ami the Contracliiig Parties shall and will in siieh casi^ within six months alter notice ol' sucii rf'rer"ne(' shall have l)C(Mi given, deeido upon sueli Arbitrator or Umpire, and instruct (iu>ir Commissioners accord in",l.\. If it shall liappen, nevertheless, that at the expiiMlioii of the period of si>; months befor(>-nnmed, no person the head of a Sovereign Slate or otherwise has hcen agreed upnn as Arbitrator or Umpire, then and in that case, the Commissioners iiii each side shall name a person the head of a Sovereign State or otherwise as Arbitrator or Umpire, and in each and evei'y case ifall the Commissioners shall not he able to come to a derision llicy shall determine by lot which ol anv two persons 30 so named sh.iU bo the Arbitrator or Umpire in that particular case ; the person first so •• rirawn " by lot being- reganied as the choice of the Commissioners. The person or persons so to l)c chosen as Arbitrator or Umpire, if not the head of a Sovereign State or nation, shall, before proceeding to act as such in any case, make and subscribe a solemn declaration in a form similar to that made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of (all" or their omitting or declining, or ceasing to act as such Arbitrator or Umpire, another person sliall be namcfl in the same manner as the jierson originally named to net as Arbitrator or Umpire in his place and stead, and shall make and subscribe such declaration as aforesaid. Article II. omit last para^^-iwh. Strike out Article IV, V, and VI. ArLiele IX. eighteen months instead of twelve. Article X\. amend as before proposed. No. 24. Tlir Earl nf Clarendon to 3/;-. Thornton. Sir, Foreign Office, December 24, 18G8. UKR Majesty's Ciovernment, since their accession to office, have had before them your telegrams of the "JZth and .30th of November, your despatch of the 30th of November, and your final telegram of the 21st of December, respecting the Convention for the settlement of outstanding claims, signed by my predecessor and Mr. .loimso;! on the lOtli of November. Mr. Johnson has also |)lace(l in my hands a telegram which he received on the same day. and which, with the exception of a passage in which it is said, " in the ease of any and every claim the Arl)itrator or Umpire may be the head of a friendly foreign State or nation," is identical with yours of the 21st instant. ft is, therefore, with this last telegram that Her INIajesty's Government are especially called upon to deal; but. before adverting lo it, I must oliserve that Her ''lajesty's Government understand that ]\Ir, Seward's objection to the Conven- tion signed by my predecessor and 3Ir. Johnson turns chiefly on the distinction made in that Convention between general claims and the so-called '•Alabama' claims. ^Ir. Seward desires to expunge from the Convention the passages that relate to tiiose claims, and to leave them to be dealt with on the same footing as ether claims, 'riie passages thus projiosed to be expunged are the last paragraph of Article II and Articles IV, V, and VI of the Convention. Mr. Seward, ;i:it:cipating a difRculty tiiat might be raised by Her Majesty's Government to sulnnitting to the arbitration of any private individual who might be selected as Arbitiator or Umpire by the Commissioners, cpiestions f)f princijile such as would arise in the consideration of the "Alabama'' claims, now projioses ti; insert in Article I of the Convention, jiassages which siiould admit generally of reference to a foreign Sovereign or State of any such questions arising out of any claims whatever. Ry such a ]irocess provision would l)e made, though, in a more comprehensive form, for the reference of the " Alabama " claims, in case of need, to the arbitration of a foreign Sovereign or State, svhich was contemplated in Articles IV and VI of the signcfl Convention. Mr. Seward further desires that the Convention should be made to resemble as closely as j)ossib'.e the Convention of IS53, as being more likely in that shape to be acceptable to the Senate of the United States. Her ,Majcsty"s Ciovernment after full consideration of the matter, and being no less desirous than their predecessors and 3Ir. Seward himself to come to a settle- ment o'.i the (linieult and com|ilicated fpiestion of mutual claims, arc prepared to meet the wishes of the Government of the United States in the manner which I will now explain to you. TIm y ri^iec with ^[r. Seward that it is desirable to adopt as closely as possible the terms of the Convention of 1H.'53. They also igree to expunge t'le last paragraph of Ai'tielc- !1, and also Ar(i''l'^s IV nnfl Vt of the sIcmmmI Convention which relate sjpeeifically to the " Ahi'-.ama" clains i^it tliev tlii"k that witli a slight altcratinn. \n be presently 91 nerson s.* The pad of a le, make jscribed ccdings. ns, or of Umpire, y named ubscribe 1, 18G8. ad before ■h of the cspecting •cdccessor 0(1 in my exception \rl)itrator itical with iimcnt are pervc tliat c Conven- iistinction Alaliama' igcs that footing as laragraph Majesty's ho might principle proposes enerally of lut, of any n a more ;c of need, plated in :^semblc as lapc to be (1 being no to a settlc- irepared to •jiich I will as jiossiblc ■M\(\ also illy to the presently explained, it wonld be desirable to retain the terms of Article V, though not embodied in a distinct Article. They further agree in the principle involved in ^Ir. Seward's proposed insertion in Article 1, under which reference to the decision of a friendly Sovereign or Statt- would be admissible in certain cases. It ajjpears, however, to Her Majesty's Government tliat besides involving a very wide departure from the terms of the same Article in the Convention of 1S53, the proposed insertion would render the Article obscure and complicated, diHicult of construction, and still more dillicult in operation, and would tend to protract almost indefinitely the labours of the Commission. Her Majesty's Government fully concur in the necessity of providing in the Convention for a more solemn arbitration where questions of principle, in which the Commissioners cannot agree, are involved, than could be expected fiom any private individuals selected by the Commissioners. Such questions may arise not oidy ia regard to the " Alabama " claims, but in regard to many other classes of claims which may be brought before the Commissioners ; and it seems to Iler Majcst) s Government highly important that such questions should be decided by the ar!)itra- tion of a !'oreii;n Sovereign or State, inasmuch as they will turn on points .<{ international law, comity, or equity, in the consideration of uhicii a foreign Sovereign or Head of a State may call to his assistance the learning and intelli- gence of any of their subjects who have made such matters their especial study. But it seems to Her Majestys Government that it would scarcely be courteous to any Sovereign or Head of a friendly foreign State, in default of the two Govern- ments agreeing within six months as to whom reference should be made, to leave to the Commissioners to select him. Such selection could only rightly be made by Llic two Governments themselves, as being co-ordinate in rank anil dignity, and there- fore fitting applicants for the good offices of one of their compeers ; while, on the other hand, for the reasons that I have stated, the (jucstions on which the Commis- sioners may be at issue can only be satisfactorily determined by a friendly foreign Sovereign or State. Her Majesty s Government do not anticipate that any dilliculty need arise between the two Governments in selecting an arbiter of that class. No such dilliculty was felt in the corresponding case of the Convention of 1827, respecting the North-West ljoundar\, when the King of the Netherlands was agreed upm; by the British Secretary of State and the United States' Minister in London. Her iNIajesty's Government observe, moreover, that in Mr. Seward's proposed insertion no allusion is made to the production before the Commissioners or Arbitrator of the ollicial correspondence which may have taken place between the two Governments res|)ecting any claims. This they conclude to be an oversight; but if not, Her Majesty's Government would not be disposed to insist upon it. They observe, further, that no provision is made for accepting the decision of the Arbitrator, whether chosen by the Commissioners or chosen by the Governments as ruling not only the specific claim submitter) to him, but all other claims of the same class. Her Majesty's Government think it very esser.tial that some such provision should be made, as otherwise the same principle may be submitted to arbitration over and over again, and so the sittings of the Commissioners might be indefinitely prolonged. Bearing all these considerations in mind, Her Majesty's Government have framed a fresh tlraft of Convention which I now inclose, and which I have to instruct you to submit to Mr. Seward together with a copy of this despatch. This draft has been framed on the principle of adhering as closely as possible to the terms of the Convention of 1853. Thus, the 1st Article, with the exception of the introduction of the words ' by and with the advice and consent of the Senate," and the substitution of "Washing- ton" for "London " nearly textually reproduces the same Article of the Treaty of The Hnd Article has necessarily been altered to meet the special requirements of the present case. The proposed alterations up to the end of the third |)aragraph, are printed in italics so that they may be more easily distinguished. The reasons for proposing them are already explained. After the third paragraph, a paragraph has been introduced varying but slightly from the Vtii Article of the signed Convention. It seems necessary to adopt this provision to meet the case of the principle of a claim being decided by an Arbitrator, leaving to the Coromissioners and the general Arbiter named by them, 32 to determine, if the case arises, the amount of compensation payable to the claimant. After the before-mentioned paragraph, is inserted the penultimate paragraph of the signed Convention as well as Articles VII and VIII of the same. Drawn in tiiis shape Article II will, except as rogartl the passages inserted in itdlirs and tiie lourth paragraph, nearly textualiy reproduce the corres|)on(ling Article of the Convention of 1853. The remaining sligiit alterations in Articles IX and XI of the signed Conven- tion are adopted. It remains for me to say that Her Majesty's Govcrnnient prefer the form of Convention to that of Protocol, as calculated to lead to an earlier settlement of the preliminary discussions between the two Governments. If a Protocol were adopted in the lirst instance its provisions would not be operative until it were embodied in a Convention ; and tiie arrangement would rccjuire, as Her Majesty's Government understand the matter, to be twice submitted to the Senate for assent, whereby much time would be lost, with all the inconvenience of keeping open a (picstion which necessarily attracts much attention, and of deferring the adjudication on claims in the early settlement of which so many subjects and citizens of the two countries are deeply interested. J have only to add that, if the inclosed draft is accepted by Mr. Seward, Mr. Johnson miglit be authorized by telegraph to sign it, in which case it might be returned to Washington so as to admit of its being laid before the Senate by the middle of January, and pronounced upon by that body before the rising of the Congress on the 4th of March. Her ^Majesty's Government will greatly rejoice if their first interchange of communications with the Government of the United States should be attended with a settlement of the complicated matters which forms the subject of my present despatch. I am, &c. (Signed) CLARENDON. Inclosure in No. 24. Draft of Convention betiveen Great Britain and the United States of America, for the Settlement of all Outstanding Claims. WHEREAS claims have at various times since the exchange of the Ratifica- tions of the Convention between Great Britain and the United States of America, signed at London on the 8th of February, 1853, been made upon the Government of Her Britannic Majesty on the part of the citizens of the United States, and upon the Government of the United States on the part of subjects of Her Britannic Majesty ; and whereas some of such claims are still pending, and remain unsettled ; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of tlie United States of America, being of opinion that a speedy and equitable settlement of all such claims will contribute much to the maintenance of the friendly feelings which subsist between the two countries, have resolved to make arrangements for that purpose by means of a Co^5i5,an(l which yit nmain unsettled ; as well as any other such claims which may be jirescnted witlmi » tic time specified in Article III of this Convention, whether or not arisini;' out ol tLc late civil war in the United States, shall lie referred to four CommissioiKv.s, tt) be apjiointed in the lollou ini;' manner, that is to say: two C()mmissioMi>rs shall be named by Her IJritannic Majesty, and two by the President of tlu Linitcd States, hy and irllli the lulvlcp inid r(iii>dings with the dates * Omitted at tho request of the United States' Government in the signed Convention. 35 %}] he laid I ihe other in respect , shall be ivcly, and red lo him ) he paid, •omiK'nsa- tlic event ic Arbiter ittond the its behalf, ,U matters id Ireland, 1 sineerely bitrator or cii ol' such il elTcet to )rior to the uvention of iionths from hiy sliall be r or Uinpiic then and in 11 y time not every claim letcnt for the in each case irfore them, 11(1 meaning l-s, or by the coin or its lithin eighteen proceedings upon either Ihange of the Iv such claim, ire I'M Ilusion o ferrcd, f tiic isO Itlcd and thereof, and shall appoint and employ clerks or other persons to assist them in the transaction of tiie business which m.ay come before them. The Secretary shall be appointed by Her Hritannic iVfajpstys Representative at Washington, and by the Secretary of State of tbe United States, jointly. Kach Government shall pay the salaries of its own Commissioners. All other expenses, and the contingent expenses of the Commission, including the salary of the Secretary, shall be defrayed in moieties by the two Parties. ARTICLK VII. Tlie present Convention shall be ratified by Iler Britannic ^Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof; and tiie ratifications shall be exchanged ;it London as soon as may be within twelve months from the date hereof. In witness wlaicof the respective Plenipotentiaries have signed the same, and have aflixed thereto their respective seals. Done at London, the lir.y of , in the year of our Lord one thousand eigiit hunilred and sixty- No. 25. The Earl of Clarendon to Mr. Thornton. Sir, Foreiijii OJ/!ce, December 2G, 1808. IN a telegrnm from Mr. Seward dated (he 1st of l)eceml!cr, which was commu- nicated by -Mr. Johnson to my ])re(lccessor, and in a d.ispatch from him dated the 27th of November, which was communicated by him to myself. Mr. Seward authorized Mr. .Lihnson, if the amendments proposed by the United States' Govern- ment in the Cla'iiis Convention were accepted by the (Jovcrnmcnt of Iler Majesty, to change the Protocol of the 10th of November, respecting the Island of San .luan, iniu .., Convention, and to sign the same. li. anticipation of tiie Government of the United States accepting the Claims Convention in the amended shape in which il is sent to you by this mail, and authorizing ]Mr. .lohnson to sign it, I have to instruct you to recall to Mr. Seward's recollection (he contingent authority he had previously given to Mr. Johnson to convert the San ,Iuan Protocol into a Convention, and sign i(, and suggest (hat Mr. Johnson should be again specifically authorized by telegraph (o do so. -Mr. Johnson will pn/oably have transmitted to Mr. Seward the San Juan Protocol adapted to th.o form of a Convention, and I inclose copies thereof for your information. I am, &c. (Signed) CLARENDON. No. 2(i. The Earl of Clarendon to Mr. Thornton. Sir, Foreign Office, .Jonuarij 10, 1809. IIER Alajesty's Government having accepted the alterations proposed by Mr. Seward in the Convention for the s(^ttlemcnt of British nml Aniericm claims, as I stnled in your telegraphic despatch of the llth instant, I signed with Mr, Jolmson Uiat Convention on the lith instant, as well as a Convendon for referring to '^vbitra(ion (he ilispuvcd line of water-boundary under the Treaty of 18l(). C'j|)ics of these Conventions arc inclosed. I am, Hiv. (Signed) CLAKENnON. shall keen an dth the dates ItlUll. F 2 86 Inclosure 1 in No. 26. Convention bpUrcpii Grenf Britain and the United States of America, for the Setlhmmt of all OutK*nndin(j Claims. — Sif/ned at London, Januurij 14, 18(i0. WHEREAS claims have at various times since tiie excluint^e of the Ratifica- tions of the Convention between Great Britain anil the United States of America, signed at London on the 8th of Fehniarv, 185"., been made u|)on the (Jovernment of Her Britannic Majesty on tiie part of citizens of the Unitecj States, and upon the Government of the United States on the part of subjects of Her Britannic .Alajesty ; and wliereas some of such claims arc still pending, and remain unsettled ; Her Majesty the Queen of the United Kingdom of Great Britain and Ireiand, and the President of the United States of America, being of opinion tliat a speedy and equitable settlement of all sucli claims will contribute much to tiic maintenance ol the friendly feelings which subsist b?tween the two countries, have resolved to make arrangemciits for that |)urpose by means of a Convention, and have named as their Plenipotentaries to confer and agree thereupon, tliat is to say : — Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourahle (ieorgc ^Tilliam Frederick, Earl of Clarendon, Baron Hyde of Hindon, a Peer of the Unite 1 Kingdom, a JMcmber of Her Britaiuiic Majesty's Most IIonoura!)le Frivy Coiinc I, Knight of the Most Noble Order of the (iarter, Knight Grand Cross of the Most Honourable Order of the Bath, iter Britannic Majesty's Princi])al Secretary of State for Foreign Affairs ; And (he President of the United States of America, Rcverdy Johnson, Esquire, Envoy Extraordinary and Minister Plenipotentiary from th.c United States to Her Britannic Majesty ; Who, alter having communicated to each other their respective full powens, found in good and due form, iiavc agreed as follows: ARTICLE L The High Contracting Parties agree that all claims on the part of subjects oi Her Britannic Majesty upon the (iovernment of the United States, and all claims on the part of citizens of the United States uj)on the Government of Her Britannic Majesiy, including the so-called "Alabama" claims, which may have been presented to eitlier Government for its interposition with the other since the 2Gti) of July, 1S53, the day of the exchange of the ratifications of the Convention concluded between Great Britain and the LTnited States of America, at London, oi; the Sth of February, \'f<7)2, and whifh yet remain unsettled ; as well as any other such claims which mav be pre-icnted within the time specified in Article ill of this Convention, whether or not arising out of the late civil war in the Unitcil States, shall be referred to four Commissioners, to be appoin*^ed in the following manner, th.'' ' 'osay: two Commissioners shall be named ^ly Ibn' Britannic Majesty, and (WO h\ r e Presiflent of the United States, by and with the advice ;iikI consent of 'lie >; uc. In case of the death, absence, or incapacity of any Commissioner, oi •n tl" jvent of any Commissioner omitting, or declining, or ceasing to act as such. Ht .• Britannic Majesty, or the President of the United States, as the case may bo. shall forlhwitii name another jierson to act as Commissioner in the place or stead of the (Commissioner originally named. The Commissioners so named shall meet at Washington ;it the earlicsi convenient period alter they shall have been respectiv(-ly named, and shall, befon proceeding to any Imsiness, make and siibseril)(> a solemn Prclaratinn thfit thc\ will impartially and carefully examine and decide, to the be^t oi' their judgmeii',, and according to justice ami ecpiity, without fear, favour, or alfectioii to their owi: country, upon all such 'cljums as shall be laid before them uld not he ;d)le to agree ujion an Arhitnitor or Umpire, the C(>!nmi.>^".!'M,e:' on cither side shall name a perso'i as Arbitrator (u- Unqiirc; and in cij •'x uid c'-ei ease in which the Commissioners may not be able to come to a leciHion, ' Commissioners shall tietcnnine by lot which of the two per,suns so luuiied shall i' ai !■( a I en LI el, (l( '.'( Ill ▼ Settlcmnit oj he Ratifica- of America, ivenuiicnt of w\ upon the lie -Majesty ; icttled ; Her and, and the , speedy and lintenancc ol Ived to make med as their and Ireland, Baron Hyde nie Majesty's r the (iarter, [er liiitannie ison, Esquire, Slates to Her z fvdl j)o\verh, -4 of subjects ot tnd all claims llcr Britannic y have been ;ince the 2Gtli \c Convention at London, on as any other He HI" of this United States, iwinp,- manner. L- Majesty, and md consent ol nimissioncr, 01 act as sucli case may I'C. iace or steau I tiie earliest id shall, before inn lliat thc\ heir juds^men'. II lo 'tl'.eir owi: 10 part of tlu ^peelively ; am ollun- Inisines . 1 decision si !il a ('.i-cision. li C'ommisr.i'M.cr- Ci; ''l Mid o-'ci a lecision, ' namctl sIk\1I i' It 37 the Arbitrator or Umpire in that particular case. The person or persons so to be chosen as Arbitrator or Umpire shall, before proceeding to act as such in any case, make and subscribe a solemn Declaration, in a form similar to that made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. Tn the event of the death, absence, or incapacity of such person or persons, or of ids or tlicir omitting, or declining, or ceasing to act as such Arbitrator (u- Umpire, nnotlier person shall be named, in tlic same manner as tiie person originally named, to act as .Vrbitrator or Umpire in his jilace and stead, and shall make and subscril)c such Df claration as aforesaid. ARTICLE n. The Commissioners shall tlien forthwith proceed to the investigation of the claims wiiicii shall be presented to their notice. They siiall investigate and decide upon sucli claims in such order and in such manner as they may think pro])er, but upon sucii evidence or information only as shall be furnished by or on behalf of their resjicetive Ciovernnients. The ofiicial correspondence wiiich has taken place between tlic two Governments res])ecting any claims shall be laid before the Commissioners, and they shall, moreover, be bound to receive and peruse all otiier written documents or statements which may be presented to them by or on behalf oi' the resjiective Governments, in suppoi't of or in answer to any claim, and to hear, if re(|uired, one person on each side on behalf of each Government, as Counsel or Agent for such Government, on each and every separate claim. Siiould they fail to d,cc',(le by a majority upon any individual claim, tiiey shall call to their assistance t! Vvbitrator or Umpire whom they may have agreed u])on, or who may be M' ii ined by lot, as the case may be ; and such Arbitrator or Umpire, after having e.'v. Mined the ofhcial correspondence wiiich has taken place between the two Governments, and the evid' ace adduced for and against the claim, and after having heard, if rcciuired, one jierson n;-, each side as aforesaid, and consulted with tiio Commissioners, shall decide tiiereupon lir.'iHy and without appeal. *[Nevertheless, if the Commissioners, or any two of them, shall think desirable that a Sovereign, or Head of a friendly State, should be Arbitrator or Umpire in case of any claim,] the Commissioners shall report to that effect to their respective Gcjvernmcnts, who shall thereupon, within six months, ;igree upon some Sovereign or Head of a friendly .State, who shall be invited to decide upon such claim, and before whom sliall belaid the odicial correspondence which has taken place lietween the two (ioverninents, and the other written documents or statements which ma) have been presented to the Commissioners in respect of such claims. The decision of the Commissioners, and of the Arbitrator or Umpire, shall be given upon c;ich claim in writing, and shall i)e signed by them respectively, and (■f a decision, involving a question of compensation to be paid, ■ a special Arbitrator or Umpire, the amount of such conqjensa- I'cd back to the Commissioners for adjudication ; and in the event ; al)le to come to a decision, it shall then be decided by the .\rbitra(.or oi ' .'ipi.'e apjiointed by them, or who shall liave been determined by lo'.. It shall be cor.ipetent for each Governmenl to name one ])erson to attend the Commissioners as Agent on its behalf, to present and suj)pi)rl claims on its behalf, and to answer tiaiins made upon it, and to rijireseiit it generally in all matters connected with the investigation and decision thereof. Her .Maj'\sty the Queen of the United Kingdom of Great Britain ;ind Ireland, and the I'lvsident of the United States of America, hereby solemnly and sincerely engage to consider llu- decision of llio Commissioners, or of the Arhitrator or Umpii-e. as the case may be, as alisolutely final aiul eonckisive upon each of such claims 1, ii'ed upon by him or them respect ivclj-, and to give full cU'eet to such deeisio 1 ■ -iJiout any objeclion or ilelay wliatsoev(>r. It i. ■.■■■■• od t!i,"t no claim arising out of any transaction of a date prior lo the 2(>l!i of .ii.i\ , !s;i,i. the day of the exchange of the ralilications of the Convention of the 8II1 of l<'cbrnary, ItSoS", shall be admissible under this Convention. dated. In the ; \ "' being arriv ■' a' tioii shai' \j ' 1' of their ot !-,e ' '111' WDi'.ls lichvci'ii lii'irkcts wi'i'c ;.'il)!ititiitcil :il tin' wonlji also lii'tW(.'(;n ImukriK in thi'di'iil't ot'tlio Artidi' in nnc ri.'(|iU'Ml 111' tlu' fiiilt'il Sliili's" (lovoniiiii'ii'. i'oi' lli' (' ;i3. 88 ARTICLE III. Every claim shall be presented to the Commissioners within six months from the (lay of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the Commissioners, or of the Arbitrator or Umpire in tlic event of tiie Commissioners differing in opinion thereupon ; and then and in any such case vlie period for presenting the claim may be extended to any time not exceeding three months longer. The Commissioners shall be bound to examine and decide upon every claim within two years from the day of their first meeting. It shall be competent for the Commissioners, or for the Arbitrator or Umpire if they differ, to decide in each case whetlicr any claim has or has not been duly made, preferred, c.r laid before them, either wlioUy, or to any and what extent, according to the true intent and meaning of this Convention. ARTICLE IV. All sums of money which may be awarded by the Commissioners, or by the Arbitrator or Umpire, on account of any claim, shall be paid in coin or its equi- vnlent by the one Government to the other, as the case may be, within eighteen months after the date of the decision, without interest. .ARTICLE V. The High Contracting Parties c.4 j consider the result of the proceedings o! tills Commission as a full and final st cut of every claim upon cither Govern- ment arising out of any transaction of a v...ce |n-lor to the exchange of the ratifica- tions of the ]n-c.*ent Convention : and further engage that every such claim, whether or not the same may have been presented to the notice of, niatle, jjrcferrcd, or laid before the said Commission, shall, from and after the conclusion of the proceedings of the said Conunission, be considered and treated as finally settled and barred, and tlicncefortii inadmissible. ARTICLE VI. The Commissioners, and the Arbitrator or Umpire appointed by them, shall keep an accurate record and correct minutes or notes of all their proceedings with the dates thereof, and shall appoint and employ clerks or other persons to assist them in the transaction of the business wliici) may come before them. Tlie Secretary shall l)c appointed by Her Hrltannie Majesty's Representative iV. Wasl.ington, and by the Secretary of State of tiic United States, jointly. Each (jovernment shall pay the salaries of Its own Commissioners. All other ex|)enscs, and the contingent cxj)enses of the Commission, including the salary of the Secretary, shall be defrayed in moieties by the two Parties. ARTICLE VII. The present Convention sludl be ratified by Ilcr lirltannic Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof; and the ratifications shall be exchanged In London as soon as may be within twelve months from the date hereof. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at London, the fourteenth day of Januarj"^, in the year of our Lord one thousand eight hundred and sixty-nlnc. (L.S.) CLARENDON. (L.S.) REVERDY JOHNSON. Inclosure 2 in No. 2(i. Convention hitmren Hrr Majei^fy and the United Slates of America, for referring to Arbitra- tion the ]] ater Boundary under Article I of the Treaty of June 15, 184G. Siyned at London, January 14, 1869. HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, being desirous to close all further discussion ;hs from shall be Umpire 11 and in time not •y claim t for the in caeh d before tent and »r by the its equi- cightcen )cccdings r Govcrn- 3 ratifica- , whctlicr il, or laid ocecdings rrcd, and cm, shall ings with to assist jscntative All other salary of nd by the ic Senate as may ?amc, and Lord one NSON. to Arbitra- Hiyned at id Ireland, discussion 39 with regard to the true direction of the line of water boundary between their respective possessions, as laid down in Article I of tlie Treaty concluded l^etwccn them on the 15th of June, 1S4G, have resolved to conclude a Trcatv for this purjiose, and have named as their Plenipotentiaries, that is to say : — Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Rigiit lionourable George William Frederick, Karl of Clarendon, iiaron Hyde of Hindon, a Peer of the United Kingdom, a Memi)er of Her Britannic Majesrv's Most Honourable Privy Council, Knigjit of the JMost Noble Order of the Garter, Knight Grand Cross of the ]Most Honourable Order of the Bath, Her Britannic Majesty's Principal Secretary of State for Foreign Afiairs ; And the President of the United States of America, Rcverdy Johnson, Esquire, Envoy Extraordinary and Minister Plenipotentiary from the Uniteil States to Her Britannic Majesty ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows : — ARTICLE L Whereas it was stipulated by Article I of the Treaty concluded at Washing- ton on the loth of June, 1846, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, that tlie line of boundary between tlie territories of Her Britannic Majesty and those of the United States, from the point on the 49th jiarallel of north latitude, up to which it had already been ascertained, should be continued westward along tiie 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 c(mtem])lated by the Treaty; The two High Contracting Parties agree to refer to the President of the Swiss Confederation to o.^termine the line which, according to the terms of the aforesaid Treaty, runs '•outhcrly through the middle of the channel which separates the Continent from Vancouver's Island, and of Fuca's Straits, to the Pi'citic Ocean. ARTICLE II. If the Referee should be unable to ascertain and determine the precise line intended by the words of the Treaty, it is agreed that it shall bo left to hin; to determine iqion some line which, in his opinion, will furnisli ;iii equitable solution of the (lifFiculty, and will be the nearest approximation that can be made to an accurate construction of the words of the Treaty, ARTICLE III. It is agreed that the Referee shall be at liberty to call for the produrtion of' and to consult, all the correspondence which has taken place between the British and American Governments on the matter at issue, and to weigh the testi-nony ul the British and American negotiators of the Treaty, as recorded in that corre- spondence, as to their intentions in framing the Article in question ; and the Referee snail 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 enqiloyed by the two Governments to endeavour to ascertain the line of boundary, as conlemiilatcd by the Treaty, and to consider all evidence that either of the High Contracting Parties 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 wortls having been agreed to by both Parties, and having been inserted in a Treaty ratified by both Governments. ARTICLE IV. Should either Government deliver to the Referee a statement of its case, a copy thereof shall be at the same time communicated to the other Party, through its Representative in Switzerland, together with a copy of all papers or maps aniirxed to such statement. Each Government shall moreover furnish to the other, on 40 application, a copy of any individually specified documents or maps in its own exclusive i)osscssion, relating to the matter at issue. I'^acli Party shall be at liberty to draw up and lay before the Referee a final statement, if it think fit to do so, in re|)ly to the case of the otiier Party, and a copy of such definitive statement shall be communicated by each Party to the otiier, in the same manner as aforesaid. The two High Contracting Perties engage to use their best exertions to place the wliolc of their respective case before the Referee within twelve months after the exchange of the ratifications of the present 'J'reaty. ARTICLE V. The Ministers or other public Agents of Great Britain and of the United States at Berne shall be considered as the Agents of their respective Governments to conduct their case before tlie Referee, wiio shall be requested to address all his communications and give all his notices to such Ministers or other public Agents, whose Acts shall bind their Governments to and before the Referee on this matter. If ARTICLE VL It shall be competent to the Referee to proceed in the said arbitration and all matters relating thereto, as and when he shall see fit, either in jierson or by a person or persons named by him for that pur|)ose; either with closed doors or in public sitting; in the presence or absence of both Agents; and either viva voce or by written discussion or otherwise. ARTICLE VII. The Referee shall, if he thinks fit, appoint a Secretary, Registrar, or Clerk for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. He shall bo requested to deliver, together with his award, a state- ment of all the costs and expenses which he may have been put to in relation to this matter ; and the amount thereof shall forthwith bo repaid in two equal portions, one by each of the two Parties. ARTICLE VIIL The Referee shall be requested to give his award in writing, as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof, signed by him, o each of the said Agents. ARTICLE IX. 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 intended by the truests, to Her Majesty's Government agreeing to the proposition in question, "that it would involve a wide de|)arture from (he tenor and terms of the Convention of 1853." In this I think your Lordship is mistaken. The design of the Convention of ISo.'i was to settle al! claims which cither Ciovcrnment, in behalf of its own citiy.ens or subjeciis, might have upon the other, the mode of settlement being the submissii)n of t:hem to a joiat Commission^ wi;h the autlioritv in case the Conurissioners difli-red upon iny claim l(f call in the assistance of an Umpire. At that time, neither (Jovernmenn., as such, made a demand upon the other. Hut that, as my proposition assumes, is not the case now. The Government of the United States believes that ii. has in its own right a claim ujion the (iovernniont of Her INLajesty. bi order, therefore, to a full settlement of ;ill existing claims, it is necessary that the one which my Government makes, aiul an\ corresponding claim which Hei- Majesty s (jovernment nriy have upon the United States, should be included wiHijn the Convention of the i4th of .fanuary, lb(')9. My instructions, to which your Lorflshij) refers, were to provide for the settlement of ihe claims nic'itioiuHl in such instructions by a Convention upon the model of tiie one of the 8th of February, 1853. That I did not suggest in the negotiations which led to the Convention of January the including within it any Governmental claims, was because my instructions onlv referred to the individual claims of citizens and subjects. I forbear to speculate as to the grounds upon which my instructions were so limited. I make the proposition contained in my note of the 25th of March, because 1 have reason to believe that the omission in tiie Convention of .ranuary which would he supplied b\ the modification suggested, is tiie jirincipal, if not the only, objection to the ratilication of the Convention by the Senate of the L nited States. 1 am gratified to be able to infer from your Lordship's note that '"no undue importance is attached to this deviation," which your Lordship supposes would be the elR'cl of tin; suggested change ; that if it had been made, or siioiild hereafter be made, uiulor posit iv(> instructions from my Government, and Her Majesty's (Govern- ment had reason to think that u would terminate the entire controversy, that it would be acceded to. I shall, at the earliest moment, forward this correspondence to myGovernment, with the i'.ope that it may have a. satisfactory iTsult. (Signed)' ' REVERDY JOHNSON. No. 42. The EnrI of Clnnnttlon to Mr. Thornton. Sir, Farvujn Office, April 9, 1809. I H\ I) a conversation with Mr. Rcvenly Johnson ()n the 5th instant, when 1 lolil him that Her Majes^^y's confidential .advisers had not yet consitlered the proposal respecting a Sujiplemental Claims Convent ion contained in his letter of the 'J.jlli of .March, of winch ;i copy was traminilted to you in my confidential despatch of the 27tli oi dial month. |jut that I had spoken of i; to some of my colleagues. It appeared to them, I said, as it did to me. that by tli'- adoption of his projiosal an entirelv new principle would be admitted, at variance widi tiie Convention of !85;>. which Mer Majesty's (iovernmeiit were all along told was to be the mod;'! of a new (laimw Convention. Her Majesly's Government, I said, had made various concessions in order to meet the wishes of the (lovcrnmerit of the United Slates, and (hose which tin- Senate were supposed to entert.iiii, 'l\vo months and mor(> had elapsed withoiU action being taken l>\ (hi' Senate beyond tiie publication of (he Convention. Her Majesty's (JovcrnmenI, I a■ I have not thought it expedient to refer to thesu!)ject at all with the Secretary of State during the last few days : but at an interview whici) I had with him yester- day, 1 spoke to him upon the subject of the Convention for submitting the (juestion of the Island of San .Juan to arliitration, ami expressed my hope that, as the Committee on Foreign Alfairs had autliori/.cd their Chairman to re|)ort favourably upon it, the Senate would proceeil to give it their sanction; lor that a joint occupa- tion of the island, altiiough it hail been amicably carried out fur several years, was at best a delicate business, and might at any moment give rise to a collision. Mr. Fish merely expressed a hope that ilie question would be settled, without giving an opinion whether tiie Senate would take the Sau Juan Convention int^- consideration during the present Session. No. 45. The Earl of Clarendon to Mr. Thornton. Sir, Foreign Office, April 14, 18()9. HER Majesty's CJovernment approve your proceedings respecting the Claims and San Juan Boundary Conventions, as reported in your des[)atch of the 29th ultimo. I am, &f.c. (Signed) CLARENDON. • ^oa. 38,40, and 41. .,4iinL,.o..^>~uiHiii :^ji"B> « uiartieular ca.se; and adils that the subse(|u. nt provision I'or naming a Sovereign or Head of a friendly State is not suflicient to remedy the evil of which he complains ; w liilc he altogether omits to allude to the i'act that at the will of the two Commissi(niers on the one side or the other, any matter in dispute, from the higliest international question to tlie lowest consideration of ])ecuniary compensa- tion, may be referred to tiie single umpire agreed upon by the two Governments. ]\Ir. Sumner asserts that the Confeder.ate bonds rose in price on the announce- ment of the signature of the Convention, and he insinuates that the claims of the bondholders would be submitted to the Commission: but lie can hardly su])|)ose tile Knglish Commissioners to adnnt such claims, and 1 can tiierel'ore only look upon this insinuation as an endeavour to excite an uid'air opoosition to the contents of the Convention. It is not v.orth while to discuss t!ie nic-e distinction v.ideh ?>'r. Sun'.ncr makes between b(-liiger(Micy by land and tiiat on the oeean. Hui even if it be possii)le to separate the two. his argument is chiefly supported by " belittling " (to use his own phrase) the important right of blockade which was asserted by the United States, and which itujiosed upon neutrals the obligation of providing for the rights of their own subjects. The alternative of closing the ports of the Southern States is alluded to as if there M'ould b^i no question that such a measure would have been acquiesced in by neutral Powers. Tt is needless to follow Mr. Sumner in his history of the building and escape of tiie "Al.abama," and of her subsequent reception; for these arc the points which tiie Convention virtually consents sliould be submitted to arbitration; and 1 may here observe that all hough Mr, Sumner brings forward, as grounds of complaint against Kngland, adiniuislrativc measures which Her i\b\jcsly's liovern- ment wor.ld probal)ly never agree should be sul)mitted to the judgment of any umpii'c. Ills sp(>eeh does not contain any prolost against the princi;ie of arl)i(ra(ion. In speaking of tin; reparation wiiich it is claimed i~; (hie l)y Great Britain to the United States on account of Her .Majesty's Proclamation of Neutrality, Blr. Sumner brings forward as precedents the case of the '•Chesapeake" boarded by the ''Leopard," and that of the "Caroline" destroyed in .American waters in ls;i7, in the foriner of which the act was disavowed by His .Majesty's (lovcrnment, and comi)ensation was m.sde, and, in the other, thougii tii(> circumstances fully warranted the act, rc:,rct v.aN cvpressed that necessity siiould \\ii\v. compelled a violation of .Amer'can jurisdietion ; but to compare wi'li tlieso two cases llcr ]\laiesty's Proclairition, issued by the 'lelii)crat(? advice (/[' Her Ma ji sty's Ciovern- menl, whicii lliey were called iii)on to !';ivc in consecpience of (!ie l^-esident's Declaration of IJiockadc, seriously all'ecliiig all neutrals, seems an iiicompiehensil)le display ol' unfair argument. j"Nli', Sumner jiroceeds to con: idcr (he 'o.^ses, individual and n.il loiKd, (wigiiuiting fnnn our conduct. He states that. I he former amonnl to aiiout o.OOO.OOO/. sterling being the value of tiie ships and cargoes deslroyed by (he "Alabama " and other T^miiBssc wi l w i niHi r. Sumner 1(1 as the has been ' more, all I, seems to licatcd liis nst it, and ions is that anecessary ijcets; that ic property v ith (Jrcat Britain ; yet I know of no arguments more calculated than those contained in his sj)cecli to excite the passions of his countrymen, and to inllamc that animosity wiiicli, unhappily, it is but too apparent they ;,till feel against Mngland. The sp(!ech has been vehemently applauded by the whole of the I{epu!)Iican portion of the press that has as yet reached this city, and most oi' them o|)enly proclaim *hat the only satisfaction the United States' Government can accept will bf the cession of our possessions on this contiiieiit, as well as the Bahama Islands : a mode of settlement which has fretpiently been hinted at to me. Your Lordshi]) will doubtless have observed that, with rei'erence to the Claims [Convention, there have been two violations of the rules which are supposed to be in 'orce with regard to all Treaties negotiated with this country. The lirst is that the ims Conv(>ntion was published in the newspapers of this countrv before any elioii had been taken upon it by the Senate; and the second that, cor, trarv to CiKtoni. the Si-iiate authorized the pul)!ieation of ]Mr. Siimiii>r's speech made in "Aceutive Session. iJoth these acts seem to have been done in a spirit unfriendly Id I'aigland, though they are probably of little importance. No. 50. Afr. Thornton to the Earl of Clarendon, — {Received Ma;/ 2.) |iyLord, Wush'uKjtou, AprU 10, bSGD. TIIK Secretary of State has vcrl)ally informed me that the i'rotocol on the Ulijec't of Naturalization, signed by l.,ord Stanley on the Dili of October last, has pii taken into consideration by lh(> Seiuite, and approved by thai. body. A liition, ol the exact tenor of which Mr. Kisli was unable to inform me, was P"lite(l, that the President should be authorized to enter into negotiations with If Majesty's (iovernment for a Treaty founded on the contents of the above- f^iiliuaed Protijcol. I have, &c. (Signed) KDWI). THORNTON. 1 li •^» -xoicn 64 No. 51. Mr. Reverdy Johnson to the Earl of Clarendon. — {Received May 3.) My Lord, Legation of the United Stales, London, May 3, 1869. 1 llANl) you herewith a copy of the Rosoliitioii of the Senate of the United States, that that body docs '• not advise and consent to tlu- ratification of the Convention " signed by your l^ordship and myself on ibc 1-ltli oi' .lamiary last, for the adjustment of outstanding claims on the part of citizens and subjects of the two Governments. NoLwitiistanding this action of the Senate, I Iiope your Lordsiiip will not infer that it is the detrrniination of that body, or of the President of tlie United States, not to settle the causes of dilTerence ujjon the same subjects as were cml)raecd in the Convention of January, upon terms perfectly consistent with the rights aiid honour of both nations. I think you will see conclusive evidence of this in the concluding paragraph ol the des|uitch from my Government, inclosing the Senate's Resolution to me, which is as follows: — ''The President, however, is not without hope tiiat upon a further consideration by the two Governments of the questions involved in the negotiation, they may still be found to be susceptible of an amicable and satisfactory adjust- ment." Your Lordship is herewith furnished with a copy of the despatch referred to. In the hope thus expressed by the President, all the good men of both countries must unite. It is, indeed, impossible to suppose that Governments as enlightened as ours can fail at any time to adjust all dillerences which may arise between them, in an amicable way ; and so as not only to remove controversies which may disturb their peaceful relations, but so to remove them that such relations will not only be continued but strengthened. (Signed) I pray, fiic. REVERDY JOHNSON. Inclosure I in No. 51. Mr. Fish to Mr. Reverdy Johnson. Sir, Department of State, Wa.shington, April 19, 1869. AFTER having had under consideration for a period of three months, the Convention between the United States and Great Britain for the Adjustment of Claims, signed by Lord Stanley and yourself, at London, on the 14th of January last, the Senate of the United States on the 13th instant adopted a Resolution, a copy of which is inclosed, declining to give its advice and consent to the ratifica- tion of that instrument. The vote of the Senate in opposition to the ratification was practically unanimous, there being only one in favour of it, and lifty-four against it. The President, howevr, is not without liopc that upon a further consideration by the two (iovcnuncnts of the (picstions involved in the negotiation, they may still be found to be susceptible of an amical)le and satisfactory adjustment. I am, &c. (Signed) HAMILTON FISH. Inclosure 2 in No. 51. Resolution of the Senate of the United States. In E-">cutive Session, Senate of the United States, April 13, 18G9. Resolved, — TIIAT the Senate do not advise and consent to the ratification of the Convention between the United Stales and (ireat Hritain, signed at London, .lanuary II. 18(511, providing for the adjustment of ail outslanding claims of citiicens and suijjeets of the ])arties respectively, two-tliirds of the Senators present not agreeing to the ratification thereof. At'cst-; (Signed) GEO. C. GORHAISI, Secretary. i\ I 3, 1869. he United ion <)i' the i-y last, for of the two 1 not infer itod States, mbraced in rigUts aiifl Liragraph ol" 1 me, which n a further negotiation, tory adjust- eferred to. )th countries lied as ours them, in an disturb their not only 1^^ (OHNSON. 55 No. 52. Mr. Reverdy Johnson .o the Earl of Clarendon. — (Received May 3.) ^ly Lord, Legation of the United States, London, May 3, 1869. 1 IIAVP] the honour to inclose to you a copy of tiie Resolution of the Senate of the United States, ratifying;' tiie Protocol on tiic subject of Naturalization signed by Lord Stanley and myself on the 9tli of October last, and stating that " the Senate advise and consent to the negotiation of a Convention i)etvveen the two Governments founded upon the terms of the Protocol. In a despatch, dated the 19th of April, inclosing the Resolution, I am instructed to inform Ilcr Majesty's Government " tiiat the Government of the United States stand ready, whenever it shall be the pleasure of Her Majesty's Government, to conclude a Convention upon that basis." A copy of the despatch accompanies this note. Renewing, &c. (Signed) REVERDY JOHNSON. .,7 19, 1869. months, the adjustment of of January Resolution, a lo the ratifica- Ls practically it. I consideration Ithey may still rON FISH. 1 1869. ratification of [■d at London, lims of citizens Irs present not M, Secretary, Inclosure 1 in No. 5'^ Mr. Fish to Mr. Reverdy Johnson. Sir, Department of State, Washington, April 19, 1869. I HAVE to inform you that by a Resolution of the 13th instant, a copy of which is inclosed, the Senate of the United States advised and consented to the negotiation of a Convention between the United States and Great Britain, regulating the citizensiiip of persons who emigrate to and from the two countries, based upon the Protocol signed by yourself and Lord Stanley at London on the 9th of October last. You will inform Lord Clarendon of this action of the Senate, and state to him that the Government of the United States stand ready, whenever it shall be the pleasure of Her Majesty's Government, to conclude a Convention upon that basis. I am, &c. (Signed) HAMILTON FISH. Inclosure 2 in No. 52. Resolution of the Senate of the United States. In E.vecutive Session, Senate of the United States, April 13, 1869. Resolved, — THAT in reply to the Message of tho President of the United States of the l')th of January, 1869, transmitting a Protocol for a Convention between tlie United States and Great Britain, regulating the citizcuiihip of persons wiio emigrate to and from the two countries, the Senate advise and consent to the negotiation of a Convention between the two Powers, based on the Protocol above montioned. Attest ; (Signed) GEO. C. GORHAM, Secretary. No. 53. The Earl of Clarendon to Mr, Reverdy Johnson. [Sir, Foreign Office, May 4, 1869. 1 HAVE the honour to acknowledge the receipt of your letter of the 3rd liiistant, inclosing a copy of a despatch from the Secretary of State of the United l^tatcs, dated the 19th of April, with a Resolution of the Senate ilated the 13th of Itliat month, stating " that the Senate do not advise and consent to the ratilication of jthi> Convention between the United States and Great Britain signed at London, lamiary 14, 1869, providing for the adjustment of all outstanding claims of citizens ttiui subjects of the parties res|)ectivcly, two-thirds of the Senators present not agreeing to the ratification thereof." 56 Mr. Fish, in the last paragraph of his despatch, says that " the President, however, is not witliont hope that npon a further consideration by the two Govern- ments of tli(> (iiiestions involved in the negotiation, they may still be found to be susocpliiiie of an amicable and satisfactory adjustment." In the liope thus expressed by the President. 1 have the honour to state to yoa that Her .Majesty's Government cordially concur. During your residence in this country you must have had abundant evidence that it was the desire of the Govern- ment and people; of Kii:^land that all dilFc'rences between tiie two countries should be honourably settled, and that their relations with the United States should be of a most friendly character. 1 am, &c. (Signed) CLARENDON. No. 54. The Earl of Clarendon to Mr. Reverdy Johnson. Sir, Foreign Office, May 4, 1869. I HAVE the iionour to acknowledge the receipt of your letter of the 3rd instant, inclosing a copy oi a despatch from the Secretary of State of the United States, dated tlie lOth of April, with a Resolution of the same dated the 13th of that month, stating "that in re|)ly to the Message of the President of the United States of the Joth of Jiumary, 1809, transmitting a Protocol for a Convention between the United Stales and Great Britain, regulating the citizenship of j)crsons who emigrate to and from the two countries, the Senate advise and consent to the negotiation of a Convention between the two Powers based on the Protocol above- mentioned." Mr. Fish instructs you to state to me '' that the Government of the United States' stan(l ready, whenever it shall be the pleasure of Her Majesty's Government, to concl'-\io a Convention on that basis." i have the iionour to state to you, in reply, that, notwjt:hstanding the great pressure of business in Parliament, Her Majesty's Government propose, if possible, during the |)rcsent session, to submit to Parliament a Bill which, if passed into law, will admit of their negotiating and concluding with the Government of the United States a Convention on this important matter. (Signed) I am, &c. CLAREIsDON. No. 55. The Earl of Clarendon to Mr. Thornton. Sir, Foreign Office, May 5, 18f)9. 1 TRANSMIT to you herewith, for your information, a copy of a note 1 have addressed to .Mr. Reverdv Johnson* in reply to one I received from him, forwarding to me a copy of a despatch from Mr. Fish, with .a copy of the Resolution of the Senate ratifying the Protocol on Naturalization signed by Lord Stanley and Mr. Reverdy Johnson on the Oth of October last, a copy of which was sent to you in Lord Stanley's despatch of the same date. I am, &c. (Signed) CLARENDON. No. 50. The Earl of Clarendon to Mr. Thornton. Sir, Foreign Office, May .5, 1869. I TRANSMIT to you herewith, for your information, a copy of a note I have addressed to Mr. Reverdy Johnson,! in I'eply to one I received from him, inclosing * No. 04. t No. 53. 57 a copy of a despatch from Mr. Fish with -i mr..^ «p *i, t> , . declining, to ratify the Convention s i orl Zlf ^^1 ^^f »*'"» "f the Senate, countryon Januan 14,provcnnn,r fr^rH.^^^^^^ *r' .F"'^"' ^^^^os and this citizens and suhjncts of' the "? c „ ie* ^a Z? , r^^^ ?'' .""'^'--''■'■■^- ' '-''- of despatch No. 16 of January iG. "'""^"'^' '^ ^"I" "f whch was indosed in my I am, &ic. (Signed) CLARENDON. No. 57. Mr. Thornton to the Earl of Clarendon.-(Recelved May 1 0.) (Extract.) I HAVE the honour (o inform von,- T ^..^ i- ^T'"f"»9ion, April 2G, 18G9. signed relative to the Island ol s' n jZ l^ f^''^ ,*'''''* !''' Convention lately a.u! a Ions speech, recomme uliL t at it . n I ""1 """"S^''^ '^'^'^''^ '^'^ '^^"^te, f: Garrett Davis a Senator fn Kentuck Tirn '^^^^'T'-"^"'- ^^''^« ™a<^e by' tl>at the right of the United States to tlunn^n P'"'?'^''?^' ^'-g^'Hent used ^^as^ clear that the question vvas . ;,„" ,' ^ 7?'^^ was so extremelv It was, howeve;, (i„.,llv deci «] U t c .n'f . ". ^? ^^l^'" "ed to arbitration. the Convention shouWhe ddened u Ul the nnlt "" ^T\''' ^'""^ideration of open in December. ^" ''''' '"^^^ ^'^ssion of that body, which will 00 a. ^, 55 w *z o ?• P > o » w /— TT' ^ ^\ •#! a g S p £. p 2 •5 N- B B r< M *« ffi p 8, 3 ^ 2. :^ 00 P D Oi cu p- p- to ffl « "O en D p. W O eg-- S. on? Q O CO 3 ff. S- erg ,;jr- '•ftvf' ^•« •'•> r\ r\\ 'ft-.r- 32X