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416

SUMNER'S SPEECH AND ITS EFFECT.

Sumner's speech was unwise. He placed the damages at $15,000,000 for "individual losses," $110,000,000 as the loss to our merchant marine due to the recognition of belligerency by the British government to the Confederates and the fitting out of private vessels in British ports; and finally $2,000,000,000 as her share of the costs of the war. Sumner claimed that the "Rebellion was originally encouraged by hope of support from England; it was strengthened at once by the concession of belligerent rights on the ocean; it was fed to the end by British supplies;" and thus "not weeks or months but years were added in this way to our war so full of costly sacrifice." As the war had cost four thousand million dollars and as British intervention had doubled its duration Sumner said: England is partly responsible for the additional expenditure." This speech Sumner thought "kindly and pacific in tone,''* but his claim was certainly outrageous and the tone of his speech most belli

cose.

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Charles Francis Adams wrote that the practical effect of this proceeding is to raise the scale of our own demands of reparation so very high that there is no chance of negotiation left, unless the English have lost all their spirit and character."

He even

341-342, 368-372 for Sumner's part in these transactions; Thomas W. Balch, The Alabama Arbitration, pp. 95-107; Globe, 41st Congress, 1st session, App. 21.

*Pierce's Sumner, vol. iv., p. 386 et seq.

† C. F. Adams, Jr., Charles Francis Adams, p. 380.

felt apprehensive that the government might ultimately seize Canada by way of indemnification,* for our claim against England was too large to be paid in money and Canada was an easy asset. J. W. Grimes said in a letter to Fessenden: "Sumner has greatly injured our cause by presenting so many perfectly absurd arguments and urging them with so much bitterness." Sumner, however, had no desire for war and said that we

should acquire Canada only by "peaceful annexation, by the voluntary act of England and with the cordial assent of the colonists."

President Grant expressed his entire dissent from the provisions of the treaty," thanked and congratulated Sumner on his speech," but turned the English matter over to the Secretary of State, Hamilton Fish, and directed his attention to the expansion of the country toward the south instead of the north.

During 1870 Secretary Fish pursued the phantom of annexing Canada, even suggesting to the British minister, Sir Edward Thornton, that Great Britain withdraw from Canada and submit to the voters of the Dominion the question of independence. But in September, 1870, Thornton told

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GRANT'S DISAGREEMENT WITH SUMNER; FURTHER NEGOTIATIONS. 417

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Fish that the question of Canadian independence had no connection with the Alabama claims and that it was impossible for Great Britain to inaugurate a separation," not even to the extent of "" providing for the reference of the question of independence to a popular vote of the people of the Dominion. Independence means annexation."’* Fish then dropped this phase of the question from the discussions.

Meanwhile Sir John Rose, a member of the Canadian ministry, had gone to England to labor there in the interests of peace and justice. He intimated to Fish in a private letter that the British cabinet was "disposed to enter on negotiations " and early in January, 1871, he came to Washington to confer with Fish regarding the subject, giving him a confidential memorandum which later resulted in the Treaty of Washington.

Fish then sought Sumner's advice, to which he had a right owing to the latter's position as head of the Foreign Relations Committee,|| but the relations between the two had been

*

Adams, Treaty of Washington, pp. 157-160. Ibid, pp. 126-128, 162. Lord Granville in a letter to Mr. Gladstone said that "the best bargain for this country [Great Britain] would be to let the San Juan Arbitration go by default on condition that the Americans give up the Alabama claims of all sorts. It would take away the grievance of the Americans and we should give up what the Americans are sure to get in the end ."- Fitzmaurice, Second Earl Granville, p. 83 and letter on p. 86 (Longmans, Green & Co.). J. C. Bancroft Davis, Mr. Fish and the Alabama Claims, pp. 59-64; Moore, International Arbitrations, vol. i., pp. 525-526.

*

Adams, Treaty of Washington, pp. 145-146.

broken off by the Motley affair and Sumner, feeling that he was no longer a powerful factor in the conduct of foreign affairs, on January 17 submitted a proposition for the withdrawal of Great Britain from this hemisphere, by which, as Adams says, "he hoped at once to put an immediate stop to the proposed negotiation."*

But Fish and the President ignored Sumner's advice and after several conferences with Rose and Thornton an agreement was reached by which the two governments consented to submit their differences to a Joint High Commission which should by treaty arrange for the method of procedure and settlement and complete the necessary details. Each government thereupon appointed its commissioners. Those of the United States were instructed to consider: (1) the fisheries; (2) the navigation of the St. Lawrence; (3) reciprocal trade between the United States and the Dominion of Canada; (4) the northwest water boundary and the Island of

* Ibid, pp. 147, 163, et seq.; Davis, Mr. Fish and the Alabama Claims, pp. 65-67. For a defense of Sumner's course see Pierce's Sumner, vol. iv., chap. lvi.

President Grant appointed Hamilton Fish, Secretary of State; Samuel Nelson, Associate Justice of the United States Supreme Court; Robert C. Schenck, Minister to England; Rockwood Hoar, formerly Attorney-General of the United States; and George H. Williams, formerly United States Senator from Oregon. Queen Victoria appointed George Frederick Samuel, Earl De Grey and Ripon, Sir Stafford Northcote, Sir Edward Thornton, British Minister at Washington, Sir John Alexander MacDonald, Premier of Canada, and Montague Bernard, Professor of International Law in the University of Oxford.

418

TREATY OF WASHINGTON; GENEVA AWARD.

San Juan; (5) the claims of the United States against Great Britain on account of acts committed by Confederate cruisers; and (6) claims of British subjects against the United States for losses and injuries arising out of acts committed during the recent war.

adjust all other claims for loss or damage of any kind between 1861 and 1865; the San Juan boundary dispute was referred to the Emperor of Germany; and the fisheries dispute was to be settled by a commission to meet at Halifax, Nova Scotia. The arbitrators to the Geneva Convention were then appointed.*

The Tribunal of Arbitration assembled at Geneva, Switzerland, on December 15, but after two meetings, it adjourned to June 15, 1872. A final meeting was held in September of that year, and on the 14th of that month its decision was announced, the terms of which decreed that Great Britain should pay the United States, $15,500,000 in gold. This amount was paid in September, 1873. A commission was afterward appointed to distribute the award among the claimants for damages.†

The commissioners assembled at Washington February 27, 1871, and Lord Tenterden, Secretary of the British Commission, and J. C. Bancroft Davis, Assistant Secretary of State of the United States, were chosen clerks of the commission. After many meetings and a full discussion of the subject,* a treaty was agreed upon, which provided for the settlement of all claims by arbitration. This treaty was signed May 8, 1871, was speedily ratified by the two governments, and proclaimed July 4. The "Alabama Claims," were to be adjusted by a mixed commission of five members to meet at Geneva, Switzerland; burn. commission which should meet at Washington was to

a

* A resumé of the negotiations is given in Davis's Mr. Fish and the Alabama Claims, p. 73 et seq.

The treaty is given in The Case of the United States to be laid before the Tribunal of Arbitration to be Convened at Geneva, pp. 12-16, Senate Ex. Doc. No. 31, 42d Congress, 2d session. All the official correspondence and papers were printed in five volumes with two supplementary volumes of documents, etc. See also Snow, Treaties and Topics, pp. 95-102; Balch, The Alabama Arbitration, pp. 116-120; Caleb Cushing, The Treaty of Washington, pp. 21-26, 257-274; Pierce's Sumner, vol. iv., p. 488 et seq.; and for the English version John Morley, Life of William Ewart Gladstone, vol. ii., pp. 397-405; Andrew Lang, Life, Letters and Diaries of Sir Stafford Northcote, vol. ii., pp. 1-24.

*The United States appointed Charles Francis Adams, and Great Britain, Sir Alexander CockThe two governments jointly invited the Emperor of Brazil, the King of Italy and the President of the Swiss Confederation each to appoint an arbitrator. The Emperor of Brazil appointed Baron d'Itajubá; the King of Italy chose Count Frederic Sclopis; and the President of the Swiss Confederation appointed Jacques Stampfli. J. C. Bancroft Davis was appointed agent of the United States, and Lord Tenterden of Great Britain.

Moore, International Arbitrations, vol. i., chap. xiv.; vol. iv., chap. lxviii.; Foster, American Diplo macy, pp. 421-431; Bancroft's Seward, vol. ii.; Adams, Charles Francis Adams, pp. 382-389, 392397; Morley, Gladstone, vol. ii., pp. 406–413; Davis, Mr. Fish and the Alabama Claims, pp. 87104; Balch, Alabama Arbitration, pp. 122–144; Cushing, Treaty of Washington, pp. 30-74, 99186, 275-280; Fitzmaurice, Second Earl Granville, vol. ii., pp. 91-108; Walpole, Lord Russell, vol. ii., pp. 361-367; S. H. Jeyes, Life and Times of the Marquis of Salisbury, vol. i., pp. 152–154.

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FIRST AND LAST PAGES OF THE ALABAMA CLAIMS TREATY WITH GREAT BRITAIN IN 1871.

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