216 DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



bound to prevent snch expeditions as that of 

 the Alabama. He denied that the United 

 States Government claimed, or could claim, 

 that the recognition of the South was a viola- 

 tion of law, but only that it was an unfriendly, 

 rash, and unprecedented act. The American 

 Government only pressed the point for the 

 purpose of showing that, but for the unfriendly 

 action of England, the Alabama depredations 

 would not have occurred. Mr. Mill thought 

 that an arbiter between the two countries was 

 needless, and that reparation was fairly due to 

 the United States. He concluded by advising 

 the appointment of a mixed commission for the 

 purpose of the adjustment of the question. 



W. E. Gladstone, member from South Lan- 

 cashire, thanked Mr. Lefevre for his able 

 speech, and Lord Stanley for his temperate re- 

 ply. He (Gladstone) could not understand 

 why the negotiation ended, nor could he agree 

 with Mr. Mill that Lord Stanley had admitted 

 that reparation was due, or that an arbiter 

 would surely decide against England. Tor 

 himself, he doubted if reparation for the 

 Alabama depredations was due the United 

 States. It was unquestionably right that the 

 point should be referred to a commission ; but, 

 if the Government feared such a reference, it 

 should settle the matter at once, or leave the 

 decision with an umpire. 



Mr. Gladstone inferred, however, from the 

 closing sentences of Lord Stanley, that the 

 communications between the two Governments 

 had not closed, and that friendly feelings be- 

 tween the United States and England would 

 be preserved. He concluded by saying, if his 

 inference was correct, the whole country would 

 support Lord Stanley in a just and honorable 

 settlement of the case. The debate was closed 

 with Mr. Gladstone's remarks. 



On Mr. Reverdy Johnson succeeding Mr. 

 Adams as minister to the court of St. James, 

 he immediately opened negotiations with the 

 Foreign Secretary in reference to the settle- 

 ment of this question, which negotiations car- 

 ried on with Lord Stanley and his successor, 

 Lord Clarendon, resulted in the following text 

 of a treaty to be submitted to their respective 

 Governments : 



Whereas, claims have been made at various times, 

 since the adjournment of the convention between the 

 United States and Great Britain of February 8, 1853, 

 upon the Government of her Britannic Majesty on the 

 part of citizens of the United States, and upon the 

 Government of the United States by the subjects of 

 her Britannic Majesty ; and whereas some of said 

 claims are still pending and remaining unsettled, the 

 President of the United States of America, and her 

 Majesty, the Queen of the United Kingdom of Great 

 Britain and Ireland, being of opinion that a speedy 

 and equitable settlement of all such claims will con- 

 tribute much to the maintenance of the friendly feel- 

 ings which exist between the two Governments, have 

 resolved to make arrangements for that purpose by 

 means of a convention, and have named their pleni- 

 potentiaries to confer and agree thereupon, that is to 

 Bay : The President of the United States of America, 

 Beverdy Johnson, Envoy Extraordinary and Minis- 

 ter Plenipotentiary of the United States to her Brit- 



annic Majesty, and her Majesty the Queen of the 

 United Kingdom of Great Britain and Ireland, Lord 

 Clarendon, etc., her Britannic Majesty's principal 

 Secretary of State for Foreign AffairSj who, after hav- 

 ing communicated to each other their respective full 

 powers, found in good and due form, have agreed as 

 follows : 



ABTICLE 1. The high contracting parties agree that 

 all claims on the part of individuals, citizens of the 

 United States, upon the Government of her Britannic 

 Majesty, and all claims on the part of individuals, 

 subjects of her Britannic Majesty, upon the Govern- 

 ment of the United States, which may have "been pre- 

 sented to either Government for its interposition 

 with the other, since the exchange of ratifications at 

 London, February 8, 1853, which yet remain unset- 

 tled, as well as any other such claims which may be 

 presented within the time specified in article three, 

 hereinafter, shall be referred to four commissioners 

 to be appointed in the following manner, that is to 

 say : two commissioners shall be named by the Presi- 

 dent of the United States, and confirmed by the Sen- 

 ate and by her Britannic Majesty. _ The aforesaid 

 commissioners shall meet at the earliest period after 

 they shall have been respectively named, and before 

 entering on the discharge of their duties shall make 

 a declaration under oath that they will impartially 

 and carefully examine and decide, to the best of their 

 judgment, and according to justice and equity, with- 

 out fear, favor, or affection to their own country, up- 

 on all such claims as shall be laid before them on 

 the part of the Governments of the United States and 

 of her Britannic Majesty, respectively, and such dec- 

 laration shall be entered on the record of their pro- 

 ceedings. The commissioners shall then, and before 

 proceeding to any other business, name some third 

 person to act as an arbitrator or umpire in any case 

 or cases on which they may themselves differ in 

 opinion. If they should not be able to agree upon 

 the name of such third person, they shall each name 

 a person, and in each and every case in which the 

 commissioners may differ in opinion as to the decision 

 which they ought to give, it shall be determined by 

 lot which of the two persons so named shall be the 

 arbitrator or umpire in that particular case. The 

 person or persons so to be chosen to be 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 which shall already have been 

 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 his or their omitting or 

 declining or ceasing to act as such arbitrator or um- 

 pire, another and different person shall be named as 

 aforesaid, to act as such arbitrator or umpire in the 

 place and stead of the person so originally named as 

 aforesaid, and shall make and subscribe such decla- 

 ration as aforesaid. 



AKT. 2. The commissioners shall then forthwith 

 proceed to the investigation of the claims which shall 

 be presented to their notice. They shall investi- 

 gate and decide upon such claims, in such order, and 

 in such manner, but upon such evidence or informa- 

 tion only as shall be furnished by or on behalf of 

 their respective Governments. They shall be bound 

 to receive and peruse all written documents or state- 

 ments which may be presented to them by or on "be- 

 half of their respective Governments in _ support of 

 and in answer to any claim, and to hear, if required, 

 one person on each side, on behalf of each Govern- 

 ment, as counsel or agent for such Government, on 

 each and every separate claim. Should they fail to 

 agree in opinion upon any claim, they shall call to 

 their assistance the arbitrator or umpire whom they 

 may have agreed to name, or who may be determined 

 by lot, as the case may he, 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 



