THE PENDING TREATY.

If we look at the negotiation which immediately preceded the treaty,

we find little to commend. You have it on your table. I think I am not

mistaken, when I say that it shows a haste which finds few precedents

in diplomacy, but which is explained by the anxiety to reach a

conclusion before the advent of a new Administration. Mr. Seward and

Mr. Reverdy Johnson unite in this unprecedented activity, using the

Atlantic cable freely. I should not object to haste, or to the freest

use of the cable, if the result were such as could be approved; but,

considering the character of the transaction, and how completely the

treaty conceals the main cause of offence, it seems as if the honorable

negotiators were engaged in huddling something out of sight.

The treaty has for its model the Claims Convention of 1853. To take

such a convention as a model was a strange mistake. This convention

was for the settlement of outstanding claims of American citizens on

Great Britain, and of British subjects on the United States, which had

arisen since the Treaty of Ghent in 1814. It concerned individuals

only, and not the nation. It was not in any respect political; nor was

it to remove any sense of national wrong. To take such a convention as

the model for a treaty which was to determine a national grievance of

transcendent importance in the relations of two countries marked on the

threshold an insensibility to the true nature of the difference to be

settled. At once it belittled the work to be done.

An inspection of the treaty shows how from beginning to end it is

merely for the settlement of individual claims on both sides, putting

the two batches on an equality, so that the sufferers by the misconduct

of England may be counterbalanced by British blockade-runners. It

opens with a preamble, which, instead of announcing the unprecedented

question between the two countries, simply refers to individual claims

that have arisen since 1853,--the last time of settlement,--some

of which are still pending and remain unsettled. Who would believe

that under these words of commonplace was concealed the unsettled

difference which has already so deeply stirred the American people,

and is destined, until finally adjusted, to occupy the attention of

the civilized world? Nothing here gives notice of the real question. I

quote the preamble, as it is the key-note to the treaty:--

“Whereas claims have at various times since the exchange of

the ratifications 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 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 the 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 convention.”[51]

The provisions of the treaty are for the trial of these cases. A

commission is constituted, which is empowered to choose an arbitrator;

but, in the event of a failure to agree, the arbitrator shall be

determined “by lot” from two persons, one named by each side. Even

if this aleatory proceeding were a proper device in the umpirage of

private claims, it is strangely inconsistent with the solemnity which

belongs to the present question. The moral sense is disturbed by

such a process at any stage of the trial; nor is it satisfied by the

subsequent provision for the selection of a sovereign or head of a

friendly state as arbitrator.

The treaty not merely makes no provision for the determination of

the great question, but it seems to provide expressly that it shall

never hereafter be presented. A petty provision for individual claims,

subject to a set-off by the individual claims of England, so that in

the end our country may possibly receive nothing, is the consideration

for this strange surrender. I borrow a term from an English statesman

on another occasion, if I call it a “capitulation.”[52] For the

settlement of a few individual claims, we condone the original

far-reaching and destructive wrong. Here are the plain words by which

this is done:--

“The high contracting parties engage to consider the result

of the proceedings of this commission as a full and final

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 same may have been

presented to the notice of, made, preferred, or laid before the

said commission, shall, from and after the conclusion of the

proceedings of the said commission, be considered and treated

as finally settled and barred, and thenceforth inadmissible.”

All this I quote directly from the treaty. It is Article V. The

national cause is handled as nothing more than a bundle of individual

claims, and the result of the proceedings under the proposed treaty

is to be “a full and final settlement,” so that hereafter all claims

“shall be considered and treated as finally settled and barred, and

thenceforth inadmissible.” Here is no provision for the real question,

which, though thrust out of sight, or declared to be “finally settled

and barred,” according to the terms of the treaty, must return to

plague the two countries. Whatever the treaty may say in terms, there

is no settlement in fact; and until this is made, there will be

constant menace of discord. Nor can it be forgotten that there is no

recognition of the rule of international duty applicable to such cases.

This, too, is left unsettled.

While doing so little for us, the treaty makes ample provision for

all known claims on the British side. As these are exclusively

“individual,” they are completely covered by the text, which has no

limitations or exceptions. Already it is announced in England that

even those of “Confederate bondholders” are included. I have before

me an English journal which describes the latter claims as founded

on “immense quantities of cotton, worth at the time of their seizure

nearly two shillings a pound, which were then in the legal possession

of those bondholders”; and the same authority adds, “These claims

will be brought, indifferently with others, before the designed joint

commission, whenever it shall sit.” From another quarter I learn that

these bondholders are “very sanguine of success _under the treaty as

it is worded_, and certain it is that the loan went up from 0 to 10 as

soon as it was ascertained that the treaty was signed.” I doubt if the

American people are ready just now to provide for any such claims. That

they have risen in the market is an argument against the treaty.

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