CHAPTER XX.

The civil war closed with ill-feeling amounting to resentment towards

England on the part of the loyal citizens of the United States. They

believed that the Government of Great Britain, and especially the

aristocratic and wealthy classes (whose influence in the kingdom is

predominant), had desired the destruction of the Union and had connived

at it so far as connivance was safe; they believed that great harm had

been inflicted on the American marine by rebel cruisers built in

English ship-yards and manned with English sailors; they believed that

the war had been cruelly prolonged by the Confederate hope of British

intervention,--a hope stimulated by the utterances of high officials

of the British Government; they believed that her Majesty's Ministers

would have been willing at any time to recognize the Southern

Confederacy, if it could have been done without danger of a European

conflict, the effect of which upon the interests of England could not

be readily measured.

Their belief did not wait for legal proofs or written arguments, nor

was it in any degree restrained by technicalities. The American people

had followed the varying fortunes of the war with intense solicitude,

and had made up their minds that the British Government throughout the

contest had been unfriendly and offensive, manifestly violating at

every step the fair and honorable duty of a neutral. They did not

ground their conclusions upon any specially enunciated principles of

international law; they did not seek to demonstrate, by quotations from

accepted authorities, that England had failed in this or in that

respect to perform her duty towards the American Government. They

simply recognized that England's hand had been against us, concealed

somewhat, and used indirectly, but still heavily against us. They

left to the officers of their own Government the responsible task of

stating the law and submitting the evidence when the proper time should

come.

Perhaps the mass of the people in no other country keep so close a

watch upon the progress of public events as is kept by the people of

the United States. If the scholarship of the few is not so thorough

as in certain European countries, the intelligence of the many is far

beyond that of any other nation. The popular conclusions, therefore,

touching the conduct of England, did not spring from imagination or

from prejudice; nor were they the results of illogical inference. To

the outside world the British Government is the British Parliament; and

citizens of the United States knew that their country had been

subjected in the House of Lords and in the House of Commons to every

form of misrepresentation, to every insult which malice could invent,

to every humiliation which insolence and arrogance could inflict. The

most distant generation of Americans will never be able to read the

Parliamentary reports from 1861 to 1865 without indignation.

Discussions touching the condition of the United States occupied no

small share of the time in both Houses, and in the House of Lords

cordiality was never expressed for the Union. In the House of Commons

the Government of the United States had sympathizing friends, eloquent

defenders, though few in number. Bright, Forster, Cobden, and men of

that class, spoke brave words in defense of the cause for which brave

deeds were done by their kindred on this side of the Atlantic--a

kindred always more eager to cherish gratitude than to nurture revenge.

But from the Government of England, terming itself _Liberal_, with Lord

Palmerston at its head, Earl Russell as Foreign Secretary, Mr.

Gladstone as Chancellor of the Exchequer, the Duke of Argyll as Lord

Privy Seal, and Earl Granville as Lord President of the Council, not

one friendly word was sent across the Atlantic. A formal neutrality

was declared by Government officials, while its spirit was daily

violated. If the Republic had been a dependency of Great Britain,

like Canada or Australia, engaged in civil strife, it could not have

been more steadily subjected to review, to criticism, and to the menace

of discipline. The proclamations of President Lincoln, the decisions

of Federal courts, the orders issued commanders of the Union armies,

were frequently brought to the attention of Parliament, as if America

were in some way accountable to the judgment of England. Harsh comment

came from leading British statesmen, while the most ribald defamers of

the United States met with cheers from a majority of the House of

Commons, and indulged in the bitterest denunciation of a friendly

Government without rebuke from the Ministerial benches.(1)

The notorious Mr. Roebuck, in a debate, March 14, 1864, upon the

progress of the civil war, said: "The whole proceedings in this

American war are a blot upon human nature; and when I am told that I

should have sympathy for the Northern States of America, I turn in

absolute disgust from their hypocrisy. If there is a sink of political

iniquity, it is at Washington. They are corrupt; they are base; they

are cowardly; they are cruel." This highly indecorous speech was made

in the presence of members of the British Ministry. The Premier, Lord

Palmerston, followed Mr. Roebuck on the floor, calling him his

"honorable and learned friend," and offering neither rebuke nor

objection to the words he had used. On the contrary, with jaunty

recklessness he accused the American Government of secretly and

cunningly recruiting its armies in Ireland, by inducing Irishmen to

emigrate as laborers and "then to enlist in some Ohio regiment or

other, and become soldiers with the chance of plunder, and God knows

what besides."

Lord Robert Cecil, since known as the Marquis of Salisbury, and at

present (1885) Premier of England, only a few months before Mr.

Roebuck's disreputable speech, attacked the Judiciary of the United

States, and told a story so remarkable that it needs no

characterization. "American courts," said his lordship, "are not

free from circumstances of suspicion attaching to them peculiarly.

It might be that in old times judges sat on the American Bench who enjoyed

world-wide reputation, but within the last two or three years the

American tribunals have delivered their decisions under the pressure

of fixed bayonets. The Supreme Court of America two years ago was

applied to for the purpose of enforcing the provisions of the American

Constitution; but the Judges were unable to pronounce the judgment

which their consciences would have prompted them to deliver, _because

the soldiers of President Lincoln, appearing at their doors in arms,

so terrified them that they perverted the law to suit the design of

the Executive_." If his Lordship believed this groundless calumny,

his ignorance concerning the United States would be subject of pity.

If his Lordship did not believe it, the just accusation against him

is too serious to be stated in these pages.

During the first year of the war Lord Robert Cecil had so frankly

expressed his view of the situation and his belief in the gain to

England which would result from the destruction of the American Union,

that his extraordinary madness may at least be said to have had a

method. He was already a prominent member of the party of which he

is now the head, and really reflected their sentiment as to the

advantage which would come to England if the rebellion should be

successful and the Southern Confederacy established. They had

witnessed the marvelous growth of the United States and had concluded

that, already a powerful rival, the Republic would certainly be

dangerous as an enemy. This view is discernible in the Tory speeches

in Parliament and in the Tory press of England, and was the motive

which inspired so many Englishmen to connive at the destruction of the

American Union. They went to great length, even establishing an

association to promote the cause of the rebellion, and to supply the

Confederate Treasury with money. Lord Robert Cecil was one of the

Vice-Presidents of the "Southern Independence Association" and a

subscriber to the Confederate loan, as were also Mr. Roebuck, Mr.

Gregory, and many other members of the British Parliament.(2)

The conduct of the Tories was not, however, a surprise to the

American people. From the earliest period of our National existence

we had received from that party constant demonstrations of

unfriendliness; and where safe opportunity offered, insult was added.

But of the Liberal party Americans had hoped, nay, had confidently

expected, if not open demonstrations of sympathy, at least a neutrality

which would deprive the Rebel leaders of any form of encouragement.

When the first shadow of real danger to the Union appeared in 1860-61,

there was instinctive gladness among loyal Americans that a Liberal

ministry was in power in England, composed of men who would in no

event permit their Government to be used in aid of a rebellion, whose

first object was the destruction of a kindred nation, and whose

subsequent policy looked to the perpetuation of human slavery. But the

hope proved to be only the delusion of a day. Americans found the

Palmerston Ministry in a hostile mood and ready to embarrass the

Government of the Union by every course that might be taken with safety

to the interests of England; and they at once recognized a vast

increase of the force against which they must contend.

But there was one apprehension which constantly enforced a limitation

upon the action of the British Government, and that was the danger that

an open espousal of the cause of the Confederacy would be the signal

for a European conflict. Russia was more than friendly to us: Germany

had no interest in our destruction. Russia was hostile to England:

Germany was hostile to France. Active intervention by England and

France, so much talked of, might have caused an earlier dethronement

of Napoleon III, and a struggle in the East which would have left

England no military power to expend on this side of the Atlantic. The

American citizen cannot so wholly or ignorantly deceive himself as to

believe that the Palmerston Government, from any consideration of the

duties of neutrality, from any sympathy with the anti-slavery aspect

of the contest, or from any ennobling impulse whatever, refrained from

formal recognition of the Southern Confederacy and the open espousal of

its cause.

When the question of recognizing the Confederacy came before

Parliament, it was withdrawn after discussion by request of Mr.

Gladstone, Chancellor of the Exchequer. He assured the House that

"the main result of the American contest is not, humanly speaking,

_in any degree doubtful_." He thought "there never was a war of more

destructive, more deplorable, more hopeless character." The contest

in his judgment was "a _miserable_ one." "We do not," said he,

"believe that the restoration of the American Union by force is

attainable. _I believe that the public opinion of this country is

unanimous upon that subject_. It is not, therefore, from indifference,

it is not from any belief that this war _is waged for any adequate

or worthy object on the part of the North_, that I would venture to

deprecate in the strongest terms the adoption of the motion of the

honorable and learned gentleman." The "honorable and learned

gentleman" was Mr. Roebuck, already quoted; and his motion was for the

recognition of the Southern Confederacy as an independent Nation. The

argument which Mr. Gladstone brought against it was in effect that

the Confederacy was sure to succeed without foreign intervention. The

fruit when ripe would fall of itself, and hence there was no need

of prematurely beating the tree. The platform speeches of Mr.

Gladstone were still more offensive and unjust, but he need be held

answerable only for official declarations.

The only friends of the United States in England at that trying period

were to be found among the "middle classes," as they are termed, and

among the laboring men. The "nobility and gentry," the bankers, the

great merchants, the ship-builders, were in the main hostile to the

Union,--wishing and waiting for the success of the Confederacy. The

honorable exceptions to this general statement were so few in number

that they could exert little influence on public opinion and still less

upon the course of the Ministry. The philanthropy, the foresight, the

insight of the realm were found among the humbler classes. In all

parts of the kingdom the laboring men were on the side of the Union.

Though they suffered from a cotton-famine, they knew by intuition that

the founding of a slave empire in America would degrade labor

everywhere; they knew that the triumph of the Union signified the

equality of human rights and would add to the dignity and reward of

labor. It would have been well for England's fame and for her

prosperity if the statesmen at Westminster had shared the wisdom and

the nobler instincts of the operatives of Lancashire.

When the National Government had finally triumphed over the rebellion

despite the evil wishes and machinations of England, Parliament

suddenly ceased to consider the condition of the United States as one

of the regular orders of the day; and Lord Palmerston when inquiry was

addressed to him whether any representations would be made in regard

to the arrest of Jefferson Davis, curtly replied that it was not the

intention of the Government in any respect to interfere with the

internal affairs of the United States. The only expression now made

in Parliament touching our policies, was one of solicitude lest our

government should deal with the citizens of the Southern States in

terms of severity. In June, 1865, two months after the war closed,

two noble earls, Russell and Derby, took it upon themselves to advise

the American Government against the indulgence of passion and revenge

towards those who had engaged in the rebellion. Earl Derby thought

that "the triumphant Government should seek not to exasperate the

feelings of their former antagonists, which have already been too much

embittered, but should endeavor by deeds of conciliation and of mercy

to re-cement if possible a Union so nearly dissolved." Earl Russell

expressed opinion that it was "most desirable that there should be no

appearance of passion of the part of those who have the guidance of

affairs in the American Union."

Kindly advice is never to be rudely repelled; but this was counsel

which the American Government did not need. The war had closed without

the execution of a single man who had borne arms against the

Government, without imprisonment, without confiscation of property,

without even depriving one rebel of his franchise as an elector. The

advice of the noble earls, on the side of mercy, would have had more

weight and influence, had weight and influence been needed, if their

own Government, after every rebellion, however small or under however

great provocation, had not uniformly followed its victory by the

gibbet, by imprisonment, by transportation of the men who had taken up

arms against intolerable oppression. If noble earls of England had

scrutinized English policy, and advised their own Government as they

now advised the Government of the United States, some heroic lives

would have been spared to Ireland, and subjects in India would not have

been doomed to a personal degradation which heightened the horror of

impending death.

But while offensive surveillance of American affairs ceased in

Parliament, offensive criticisms in the British Press continued

throughout the period of Reconstruction, and our Government was held

answerable for alleged wrongs and outrages against a conquered foe.

Especial hostility was exhibited towards the Republican party, which

had conducted the Government through the war and led it to its complete

triumph. This party controlled Congress when it levied heavy

protective duties and stimulated manufacturing in American as the basis

of that financial strength which proved during the civil war a marvel

to the world. Offended by the Protective policy of the United States,

the British Press now denounced the measures proposed for the

Reconstruction of the South. No censure was too harsh, no epithet

too severe to apply to the policy and to the Republican party that

stood sponsor for it. It might have surprised those English critics

to learn that the opponents of the Reconstruction policy at home could

find nothing to say of it so denunciatory or so concentrated in

bitterness as that the National Government was trying to reduce the

Southern States to the condition of Ireland. And thus while we were

receiving from British oracles multiplied instructions as to the

manner of dealing with the States that had attempted to break from

their allegiance, those States knew that almost within sight of

England's shores there could be found the worst governed, the most

cruelly treated people within the circle of Christendom. The American

mote could be plainly descried beyond the broad ocean, but the Irish

beam was not visible across the narrow channel.

The comparison of the Southern States under the measures of

Reconstruction, with Ireland under the measures of the British

Government, naturally suggested by hostile criticism in the English

press, is not without its useful lessons. The complaint of

discontented people in the Southern States was that there had been too

great an expansion of popular rights, too large an extension of the

elective franchise. But in Ireland, according to eminent British

statesmen and historian, the suffering was from directly opposite

causes.(3) Self-government of all the people was the rule established

in the Southern States: subjection of all the people and government

with the sword was the rule established in Ireland. Even if the

American Government had made a mistake in its treatment of the

Southern States, the history and traditions of the Republic gave ample

guarantees that wrong steps would be speedily retraced, that all

grievances would be thoroughly redressed; whereas the complaints of

Ireland have remained unredressed for centuries.

There is no parallel among civilized nations to the prolonged

discontent among the Irish people. A race gifted with many of the

noblest qualities of humanity, strong in intellect and quick in

apprehension, could not for centuries complain of grievances if they

did not exist, and the grievances could not exist for centuries without

serious reproach to the British Government. To the lasting honor of

American statesmanship, Southern grievances were not allowed by neglect

or arrogance to grow and become chronic after the civil war had closed.

The one safeguard against an evil so great was the restoration of

self-government to the people who had rebelled, the broadening of the

elective franchise, the abolition of caste and privilege. If

Englishmen had studied the Reconstruction policy instead of deriding

it, they might have learned that the American Government accomplished

for the South in four years what their own Government has failed to

accomplish for Ireland through ten generations.

The Government of the United States had steadily protested during the

continuance of the civil war against the unfriendly and unlawful

course of England, and it was determined that compensation should be

demanded upon the return of Peace. Mr. Adams, under instructions from

Secretary Seward, had presented and ably argued the American case.

He proposed a friendly arbitration of the _Alabama_ claims, but was

met by a flat refusal from Earl Russell, who declined on the part of

the British Government either to make reparation or compensation, or

permit a reference to any foreign State friendly to both parties.

In the autumn succeeding the close of the war, Mr. Seward notified

the British Government that no further effort would be made for

arbitration, and in the following August (1866) he transmitted a list

of individual claims based upon the destruction caused by the

_Alabama_. Lord Stanley (the present Earl of Derby) had succeeded

Earl Russell in the Foreign Office, and declined to recognize the

claims of this Government in as decisive a tone as that employed by

Earl Russell. Of opposite parties, Earl Russell and Lord Stanley

were supposed to represent the aggregate, if not indeed the unanimous,

public opinion of England; so that the refusal to accede to the demands

of the United States was popularly accepted as conclusive. Mr. Adams

retired from his mission, in which his services to the country had

been zealous and useful, without effecting the negotiations which he

had urged upon the attention of the British Government. He took his

formal leave in May, 1868, and was succeeded the following month by

Mr. Reverdy Johnson.

The new Minister carried with him the respect and confidence of his

fellow-citizens. Appointed directly after the Impeachment trial of

President Johnson, he was among the few statesmen of the Democratic

party who could have secured the ready confirmation of the Senate for

a mission which demanded in its incumbent a talent for diplomacy and

a thorough knowledge of International law. The only objection

seriously maintained at the time against Mr. Johnson's appointment, was

the fact that he was in his seventy-third year, and might not therefore

be equal to the exacting duties which his mission involved.

Before Mr. Johnson could open his negotiation, the British Ministry

was changed,--Mr. Disraeli giving way to Mr. Gladstone as Premier, and

Lord Stanley being succeeded by Lord Clarendon as Minister of Foreign

Affairs. With the latter Mr. Johnson very promptly agreed upon a

treaty, which reached the United States in the month of February, 1869.

It purported to be a settlement of the questions in dispute between the

two countries. There was great curiosity to learn its provisions.

Much was hoped from it, because it was known to have been approved by

Mr. Seward at the various stages of the negotiation,--a constant and

confidential correspondence having been maintained by cable, between

the State Department and the American Legation in London, on every

phase of the treaty.

Mr. Seward had earned approbation so hearty and general by his

diplomatic correspondence with Great Britain during the war and in the

years immediately succeeding, that no one was prepared for the

disappointment and chagrin experienced in the United States when the

Johnson-Clarendon treaty was made public. It gave almost personal

offense to the mass of people in the loyal States. It overlooked, and

yet by cunning phrase condoned, every unfriendly act of England during

our civil war. It affected to class the injuries inflicted upon the

Nation as mere private claims, to be offset by private claims of

British subjects,--the whole to be referred to a joint commission,

after the ordinary and constantly recurring method of adjusting claims

of private individuals that may have become matters of diplomatic

importance.

The preamble to the treaty established its character and proved its

utter inadequacy to meet the demands of the United States. It was in

these words: "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."

Among the first provisions of the treaty was a declaration that the

result of the proceedings of the commission thus to be provided for,

should be considered 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 ratifications;" and all claims thereafter were to

be "considered and treated as finally settled and barred, and

thenceforth inadmissible." For eight years the Government of the

United States had been protesting against the unfriendly course of

Great Britain, against her premature recognition of the Confederate

States as belligerents, against her special concession of ocean

belligerency, against her making the dockyards and arsenals on her

own soil the dockyards and arsenals of the Confederacy, against her

wilful depredation upon the commerce of the United States, against the

destruction of property belonging to American citizens by her agency

and her fault. And now Mr. Johnson and Lord Clarendon had concluded

a treaty which practically admitted that the complaints of the United

States, as a government, against the conduct of Great Britain, as a

government, had been mere rant and bravado on the part of the United

States, and were not to be insisted on before any International

tribunal, but to be merged in an ordinary claims convention, by whose

award a certain amount in dollars and cents might be paid to the

American claimants and a certain amount in pounds, shillings, and pence

might be paid to British claimants. The text of the treaty did not

indicate in any manner whatever that either nation was more at fault

than the other touching the matters to be arbitrated.

The treaty had short life in the Senate. The Committee of Foreign

Relations, after examination of its provisions, reported that it

should "be rejected." Mr. Sumner, who made the report, said it was

the first time since he had entered the Senate that such a report had

been made concerning any treaty. Amendments, he said, were sometimes

suggested, and sometimes a treaty had been reported without any

recommendations; but the hostility to the entire spirit and to every

detail of the Johnson-Clarendon treaty was so intense that the

Committee had made the positive recommendation that it be rejected.

This action was taken in the month of April, 1869, a few weeks after

President Grant had entered upon his office. It was accompanied by a

speech from Mr. Sumner, made in Executive session, but by direction

of the Senate given to the public, in which the reasons for the action

of the Senate were stated with great directness, precision and force.

After enumerating the extent of our losses, National and individual,

direct and indirect, Mr. Sumner said: "If the case against England is

strong, and if our claims are unprecedented in magnitude, it is only

because the conduct of that power at a trying period was most

unfriendly, and the injurious consequences of this conduct were on a

scale corresponding to the theatre of action. Life and property were

both swallowed up, leaving behind a deep-seated sense of enormous

wrong, as yet unatoned and even unacknowledged, which is one of the

chief factors in the problem now presented to the statesmen of both

countries. . . . The truth must be told, not in anger, but in sadness.

England has done to the United States an injury most difficult to

measure. Considering when it was done and in what complicity, it is

most unaccountable. At a great epoch of history, not less momentous

than that of the French Revolution or that of the Reformation, when

civilization was fighting a last battle with slavery, England gave

her influence, her material resources, to the wicked cause, and

flung a sword into the scale with slavery."

President Grant was in full sympathy with the Senate in its prompt

rejection of the Johnson-Clarendon treaty, and in his annual message to

Congress in the ensuing December (1869) he expressed his entire dissent

from its provisions.(4) He thought the rejection of the treaty was

"followed by a state of public opinion on both sides not favorable to

an immediate attempt at renewed negotiation," and expressed "the hope

that the time will soon arrive when the two Governments can approach

the solution of this momentous question, with an appreciation of what

is due to the rights, dignity, and honor of each."

The rejection of the Johnson-Clarendon treaty was formally announced

to the British Government through Mr. Motley, who succeeded Mr.

Johnson as Minister in London. Mr. Fish, in his letter of

instructions, suggested to Mr. Motley the propriety of suspending

negotiations for the present on the whole question. At the same time

he committed the Government of the United States anew to the

maintenance of the claim for National damages, as well as for the

losses of individual citizens. And thus the matter was allowed to

rest. The United States, though deeply aggrieved, did not desire to

urge the negotiation in a spirit of hostility that implied readiness

to go to war upon the issue, and simply trusted that a returning sense

of justice in the British Government would lead to a renewal of

negotiations and a friendly adjustment of all differences between the

two Governments.

A year went by and nothing was done. The English Government was not

disposed to go a step beyond the provisions of the Johnson-Clarendon

treaty, and had indeed been somewhat offended by the promptness

with which the Senate had rejected that agreement, especially by

the emphasis which the speech of Mr. Sumner had given to the

Senate's action. President Grant remained altogether patient and

composed--feeling that postponement could not be a loss to the

American Government, and would certainly prove no gain to the British

Government. In his annual message to Congress of December, 1870, he

assumed a position which proved embarrassing to England. He recognized

the fact that "the Cabinet at London does not appear willing to

concede that her Majesty's Government was guilty of any negligence, or

did or permitted any act of which the United States has just cause of

complaint;" and he re-asserted with great deliberation and emphasis

that "_our firm and unalterable convictions are directly the reverse_."

The President therefore recommended that Congress should "authorize the

appointment of a commission to take proof of the amounts and the

ownership of these several claims, _on notice to the representative of

her Majesty at Washington_, and that authority be given for the

settlement of these claims by the United States, so that the Government

shall have the ownership of the private claims, as well as the

responsible control of all the demands against Great Britain."

President Grant was evidently resolved that the Government of the

United States should not allow the pressing need of private claimants

to operate in any degree upon public opinion in the United States, so

as to create a demand for settlement with England on any basis below

that which National dignity required. He felt assured that Congress

would respond favorably to his recommendation, and that with the

individual claimants satisfied our Government could afford to wait the

course of events. This position convinced the British Government that

the President intended to raise the question in all its phases above

the grade of private claims, and to make it purely an international

affair. No more effective step could have been taken; and the

President and his adviser, Secretary Fish, are entitled to the highest

credit for thus elevating the character of the issue--an issue made

all the more impressive from the quiet manner in which it was

presented, and from the characteristic coolness and determination of

the Chief Magistrate who stood behind it.

Meanwhile the sanguinary war between Germany and France has broken out,

and was still flagrant when President Grant's recommendation for paying

the _Alabama_ claims from the National Treasury was sent to Congress.

Though the foreign conflict terminated without involving other nations,

it forcibly reminded England of the situation in which she might be

placed if she should be drawn into a European war, the United States

being a neutral power. It would certainly be an unjust imputation upon

the magnanimity and upon the courage of the people of the United States

to represent them as waiting for an opportunity to inflict harm upon

England for her conduct towards this Government in the hour of its

calamity and its distress. It was not by indirection, or by stealthy

blows, or by secret connivance with enemies, or by violations of

international justice, that the United States would ever have sought

to avenge herself on England for the wrongs she had received. If there

had been a disposition among the American people impelling them to

that course, it would assuredly have impelled them much farther.

But England was evidently apprehensive that if she should become

involved in war, the United States would, as a neutral power, follow

the precedent which the English Government had set in the war of the

rebellion, and in this way inflict almost irreparable damage upon

British shipping and British commerce. Piratical _Alabamas_ might

escape from the harbors and rivers of the United States as easily as

they had escaped from the harbors and rivers of England; and she might

well fear that if a period of calamity should come to her, the people

of the United States, with the neglect or connivance of their

Government, would be as quick to add to her distress and embarrassment

as the people of England, with the neglect or connivance of their

Government, had added to the distress and embarrassment of the United

States. Conscience does make cowards of us all; and Great Britain,

foreseeing the possibility of being herself engaged in a European war,

was in a position to dread lest her ill intentions and her misdeed in

the time of our civil struggle should return to plague her.

These facts and apprehensions seem to have wrought a great change in

the disposition of the British Government, and led them to seek a

re-opening of the negotiation. In an apparently unofficial way Sir

John Rose, a London banker (associated in business with Honorable L.

P. Morton, a well-known banker and distinguished citizen of New York),

came to this country on a secret mission early in January, 1871.

President Grant's message had made a profound impression in London, the

Franco-Prussian war had not yet ended, and Her Majesty's Ministers had

reason to fear trouble with the Russian Government. Sir John's duty

was to ascertain in an informal way the feeling of the American

Government in regard to pending controversies between the two

countries. He showed himself as clever in diplomacy as he was in

finance, and important results followed in an incredibly short space

of time. An understanding was reached, which on the surface expressed

itself in a seemingly casual letter from Sir Edward Thornton to

Secretary Fish of the 26th of January, 1871, communicating certain

instructions from Lord Granville in regard to a better adjustment of

the fishery question and all other matters affecting the relations of

the United States to the British North-American possessions. To settle

this question Sir Edward was authorized by his Government to propose

the creation of a Joint High Commission, the members to be named by

each Government, which should meet in Washington and discuss the

question of the fisheries and the relations of the United States to her

Majesty's possessions in North America.

Mr. Fish replied in a tone which indicated that Sir Edward was really

serious in his proposition to organize so imposing a tribunal to

discuss the fishery question. He informed Sir Edward that "in the

opinion of the President the removal of differences which arose during

the rebellion in the United States, and which have existed since then,

growing out of the acts committed by several vessels, which have given

rise to the claims generally known as the _Alabama_ Claims, will also

be essential to the restoration of cordial and amicable relations

between the two Governments." Sir Edward waited just long enough to

hear from Lord Granville by cable, and on the day after the receipt of

Mr. Fish's note assented in writing to his suggestions, adding a

request that "all other claims of the citizens of either country,

arising out of the acts committed during the recent civil war in the

United States, might be taken into consideration by the Commission."

To this Mr. Fish readily assented in turn.

The question which for six years had been treated with easy

indifference if not with contempt by the British Foreign Office had in

a day become exigent and urgent, and the diplomatic details which

ordinarily would have required months to adjust were now settled by

cable in an hour. The first proposal for a Joint High Commission was

made by Sir Edward Thornton on the 26th of January, 1871; and the

course of events was so rapid that in twenty-seven days thereafter

the British Commissioners landed in New York _en route_ to Washington.

They sailed without their commissions, which were signed by the Queen

at the castle of Windsor on the sixteenth day of February and forwarded

to them by special messenger. This was extraordinary and almost

undignified haste, altogether unusual with Plenipotentiaries of Great

Britain. It was laughingly said at the time that the Commissioners

were dispatched from London "so hurriedly that they came with

portmanteaus, leaving their servants behind to back their trunks and

follow." For this change of view in the British Cabinet and this

courier-like speed among British diplomatists, there was a double

cause,--the warning of the Franco-Prussian war, and President Grant's

proposition to pay the _Alabama_ Claims from the Treasury of the

United States--and wait. Assuredly the President did not wait long!

The gentlemen constituting the Joint High Commission were well known

in their respective countries, and enjoyed the fullest measure of

public confidence, thus insuring in advance the acceptance of whatever

settlement they might agree upon.(5) The result of their deliberations

was the Treaty of Washington, concluded on the eighth day of May, 1871.

It took cognizance of the four questions at issue between the two

countries, and provided for the settlement of each. The _Alabama_

claims were to be adjusted by a commission to meet at Geneva, in

Switzerland; all other claims for loss or damage of any kind, between

1861 and 1865, by subjects of Great Britain or citizens of the United

States, were to be adjusted by a commission to meet in Washington;

the San Juan question was to be referred for settlement to the

Emperor of Germany, as Umpire; and the dispute in regard to the

fisheries was to be settled by a commission to meet at Halifax, Nova

Scotia.

The basis for adjusting the _Alabama_ claims was promptly agreed upon.

This question stood in the forefront of the treaty, taking its proper

rank as the principal dispute between the two countries. Her

Britannic Majesty had authorized her High Commissioners and

plenipotentiaries "to express in a friendly spirit the regret felt by

Her Majesty's Government for the escape, under whatever circumstances,

of the _Alabama_ and other vessels from British ports, and for the

depredations committed by those vessels." And with the expression of

this regret, Her Britannic Majesty agreed, through her Commissioners,

that all the claims growing out of acts committed by the aforesaid

vessels, and generally known as the _Alabama_ claims, "shall be

referred to a tribunal of arbitration, to be composed of five

arbitrators,--one to be named by the President of the United States,

one by the Queen of England, one by the King of Italy, one by the

President of the Swiss Confederation, and one by the Emperor of

Brazil." This was a great step beyond the Johnson-Clarendon treaty,

which did not in any way concede the responsibility of England to the

Government of the United States. It was a still greater step beyond

the flat refusal, first of Earl Russell and then of Lord Stanley, to

refer the claims to the ruler of a friendly state.

But England was willing to go still farther. She agreed that "in

deciding the matters submitted to the arbitrators, they shall be

governed by three rules, which are agreed upon by the high contracting

parties as rules to be taken as applicable to the case; and by such

principles of International Law, not inconsistent therewith, as the

Arbitrators shall determine to have been applicable to the case.(6)"

Her Brittanic Majesty had commanded her High Commissioners to declare

that "Her Majesty's Government cannot assent to these rules as a

statement of the principles of International Law which were in force at

the time when the claims arose; but that Her Majesty's Government, in

order to evince its desire of strengthening the friendly relations

between the two countries, and of making satisfactory provision for

the future, agrees that in deciding the questions between the two

countries arising out of those claims, the Arbitrators shall assume

that Her Majesty's Government had undertaken to act upon the principles

set forth in these rules."

There is some question as to whether the British Government has

discharged one of the obligations which it assumed under the treaty.

After the three rules had been agreed upon, a clause of the treaty

declared that "the high contracting parties agree to observe these

rules as between themselves in the future, and to bring them to the

knowledge of the other maritime powers and invite them to accede to

them." Declaring that the three rules had not been recognized

theretofore as International Law by her Majesty's Government, it was

a fair agreement that they should be recognized thereafter, and that

the combined influence of the British and American Governments should

be used to incorporate them in the recognized code of the world.

But the Government of England has been unwilling to perform the duty

which had thus been agreed upon, and this refusal gives rise to the

impression that England does not desire to bind itself with other

nations as she has bound herself with the United States. As the

matter stands, if England should be involved in war with a European

power, the United States is strictly bound by the letter and spirit of

these three rules; but if two Continental powers become engaged in war,

England is not bound by those rules in her conduct towards them. She

certainly has gained much in securing the absolute neutrality of the

United States when she is engaged in war, but it cannot be considered

an honorable compliance with the obligations of the treaty if she

fails to use her influence to extend the operation of the rules.

Following the provision for arbitration of the _Alabama_ claims, the

Treaty of Washington provided for a Commission to adjust "all claims on

the part of corporations, companies or private individuals, citizens of

the United States, upon the Government of her Britannic Majesty; and on

the part of corporations, companies or private individuals, subject

of her Britannic Majesty, upon the Government of the United States."

These were claims arising out of acts committed against the persons or

property of citizens of either country by the other, during the period

between the 13th of April, 1861, and the 9th of April, 1865, inclusive,

--being simply the damages inflicted during the war. The tribunal to

which all such claims were referred was constituted of three

Commissioners; one to be named by the President of the United States,

one by her Britannic Majesty, and the third by the two conjointly.

The Commission was organized at Washington on the 26th of September,

1871, and made its final award at Newport, Rhode Island, on the 25th

of September, 1873. The claims presented by American citizens before

the Commission were only nineteen in number, amounting in the aggregate

to a little less than a million of dollars. These claims were all

rejected by the Commission--no responsibility of the British Government

having been established. The subjects of her Majesty presented 478

claims which, with interest reckoned by the rule allowed by the

Commission, amounted to $96,000,000. Of this number 181 awards were

made in favor of the claimants, amounting in the aggregate to

$1,929,819, or only two per cent of the amount claimed. The amount

awarded was appropriated by Congress and paid by the United States to

the British Government. All claims accruing between 1861 and 1865 for

injuries resulting in any way from the war were thereafter barred.(7)

The subject of the north-western boundary line, commonly known as the

San Juan question, was one of very considerable importance, over which

there had been long contention between the two Governments. The treaty

of Independence in 1783 was followed by a series of disputes relating

to the boundary between the United States and British America. It was

inevitable that a tortuous line, drawn from the north-western angle of

Nova Scotia to the Lake of the Woods and thence (as the treaty

erroneously described it) due west to the Mississippi River, would

give occasion for honest difference of opinion and very frequent

opportunity for technical disputes. The face of the country was

imperfectly known in 1783, and the highlands and water-courses by which

the line was to be determined could not at that time be laid down with

accuracy.

Beyond the Mississippi (then an unknown country) territorial disputes

grew up between Spain and Great Britain. By the purchase of Louisiana

in 1803, and by the subsequently acquired claim to the Oregon country,

the sovereignty of the Republic was extended to the Pacific; Great

Britain claiming to be co-terminous for the entire distance. By the

treaty of 1818 the forty-ninth parallel was agreed upon as the

boundary from the line of the Lake of the Woods to the "Stony

Mountains." The boundary from the Stony Mountains to the Pacific was

left for subsequent settlement, and was finally adjusted (as already

narrated in these pages) by the treaty of 1846. By that treaty the

two governments agreed to continue the forty-ninth parallel as the

boundary from the Stony Mountains "westward to the middle of the

channel which separates the continent from Vancouver's Island, and

thence southerly through the middle of said channel and of Fuca Straits

to the Pacific Ocean."

The Commissioners appointed by the two Governments to run the line

could not come to an agreement upon it,--the British Government

claiming that it should be run through the Rosario Straits, and the

Government of the United States that it should be run through the Canal

de Haro. If the line should be run by the Rosario Straits the Island

of San Juan belonged to Great Britain; if by the Canal de Haro the

island belonged to the United States and formed part of Washington

Territory. It was now agreed in the Treaty of Washington that the

question should be left to the Emperor of Germany, who was "authorized

to decide finally and without appeal which of these claims is most in

accordance with the true interpretation of the treaty of June 15,

1846." The question thus submitted to his Imperial Majesty was purely

a geographical one. Its decision either way could scarcely wound the

susceptibilities of either party, however it might affect National

interests. It also relieved the august arbitrator from the

consideration of all the political prejudices and pretensions which

had marked the long line of boundary discussions between the two

countries, and the jealousies and misunderstandings between the two

countries, and the jealousies and misunderstandings which had proved so

troublesome during the period of joint occupation of the Oregon

territory. The Emperor referred the detailed examination of the

subject to a Commission of eminent experts both in law and science, and

in accordance with their report decided in favor of the claim of the

United States that the line should be run through the Canal de Haro.

The Government of the United States was fortunate in having its rights

and interests represented before the Umpire by its Minister at Berlin,

the Honorable George Bancroft. He was a member of President Polk's

Cabinet during the period of the discussion and completion of the

treaty of 1846, and was Minister at London when the San Juan dispute

began. With his prolonged experience in historical investigation, Mr.

Bancroft had readily mastered every detail of the question, and was

thus enabled to present it in the strongest and most favorable light.

His success fitly crowned an official career of great usefulness and

honor. His memorial to the Emperor of Germany, when he presented the

case, was conceived in his happiest style. The opening words were

felicitous and touching: "The treaty of which the interpretation is

referred to Your Majesty's arbitrament was ratified more than a

quarter of a century ago. Of the sixteen members of the British

Cabinet which framed and presented it for the acceptance of the United

States, Sir Robert Peel, Lord Aberdeen, and all the rest but one,

are no more. The British Minister at Washington who signed it is

dead. Of American statesmen concerned in it, the Minister at London,

the President and Vice-President, the Secretary of State, and every one

of the President's constitutional advisers, except one, have passed

away. I alone remain, and after finishing the threescore years and ten

that are the days of our years, am selected by my country to uphold its

rights."

The decision of the Emperor was given on the 21st of October (1872).

The British Government accepted it cordially and Lord Granville

immediately instructed Sir Edward Thornton to propose that the two

Governments should resume the work of the boundary commission, which

was interrupted in 1859. In accordance with this proposition a chart

was immediately prepared and approved by both parties to the treaty.

It is unnecessary to point out the advantage to the United States of

the decision. A glance at the map will show it in full detail. The

conclusion of the negotiation enabled President Grant to say in his

message to Congress, December, 1872,--ninety years after the close of

the Revolutionary War,--"It leaves us for the first time in the

history of the United States as a nation, without a question of

disputed boundary between our territory and the possessions of Great

Britain on the American continent."

His Majesty's Government had needlessly lost six years in coming to

a settlement which was entirely satisfactory to the Government and

people of the United States. Indeed a settlement at the close of the

war could have been made with even less concession on the part of

Great Britain, and perhaps if it had been longer postponed the demands

of the Government of the United States might have increased. Wars have

grown out of less aggravation and dispute between nations; but the

Government of the United States had never anticipated such a result as

possible, and felt assured that in the end Great Britain would not

refuse to make the reparation honorably due.

The Arbitrators met in the ensuing December at Geneva, Switzerland,

and after a hearing of nine months agreed upon an award, made public

on the 14th of September, 1872. The judgment was that "the sum of

$15,500,000 in gold be paid by Great Britain to the United States for

the satisfaction of all the claims referred to the consideration of

the tribunal." Sir Alexander Cockburn, the British Commissioner,

dissented in a somewhat ungracious manner from the judgment of his

associates; but as the majority had been specially empowered to make

an award, the refusal of England's representative to join in it did not

in the least degree affect its validity.(8)

[NOTE.--The question of the fisheries--the last for whose adjudication

the Treaty of Washington provided--is referred to in a subsequent

chapter.]

[(1) The following extracts are from Hansard's Parliamentary Debates:--

May 16th, 1861. Earl Derby, in discussing our blockade of the Southern

coast, said: "A blockade extending over a space to which it is

physically impossible that an effectual blockade can be applied will

not be recognized as valid by the British Government." And he

intimated that "it is essentially necessary that the Northern States

should not be induced to rely upon _our forbearance_."

--Feb. 10, 1862. Earl Derby discussed the right of Mr. Lincoln to

suspend the writ of _habeas corpus_, and even when Congress had passed

a resolution affirming the course taken by the President, the noble

Earl declared that "No law can be shown to support the President's

exercise of the power."

--May 28, 1861. Mr. Bernal Osborne, in discussing the civil war in the

United States, said: "If this were the proper time, I could point to

outrages committed by the militia of New York in one of the Southern

States occupied by them, where the General commanding, on the pretext

that one of his men had been poisoned by strychnine, issued an order

of the day, threatening to put a slave into every man's house to incite

the slaves to murder their masters. Such was the general order issued

by General Butler."

--Feb. 17, 1862. Lord Palmerston discussed the Constitutional powers

of the Government, and said he knew that Mr. Seward and Mr. Lincoln

could not make war upon their own authority. "We know that very well.

_It requires the sanction of the Senate_."

--March 7, 1862. Mr. Gregory, in discussing the blockade of the

Southern ports, said: "Now I can assure my honorable friend that, so

far as I was concerned, I should have made use of no irritating

expression. I should have affirmed then, as, undeterred by what

has occurred since then, I affirm now, that secession was a right, that

separation is a fact, and that reconstruction is an impossibility."

Mr. Gregory denounced Mr. Seward as "lax, unscrupulous, and lawless of

the rights of others."

--March 7, 1862. General Butler's orders were discussed by the Earl

of Carnarvon, in the Lords, and by Sir John Walsh and Mr. Gregory in

the Commons. Lord Palmerston was pleased to tell them that "with

regard to the course which Her Majesty's Government may, upon

consideration, take on the subject, the House I trust will allow me to

say that that will be matter of reflection."

--March 7, 1862. Mr. G. W. P. Bentinck made a very bitter and abusive

speech of the United States, and invited Her Majesty's Government to

offer some explanation why, according to the policy which they had

pursued with respect to Italian affairs, they had abstained from

recognizing the independence of the Confederacy. He sneeringly

referred to the "endless corruption in every public department in the

Northern States."

--April 23, 1863. Mr. G. W. P. Bentinck transcended every limit of

courtesy when in referring to Mr. Adams he said: "The idea of the

American Minister of honesty and neutrality is remarkable. Every thing

is honest to suit his own purposes."

--March 7, 1862. Lord Robert Cecil, in discussing the blockade of

the Southern coast, said: "The plain matter of fact is, as every one

who watches the current of history must know, that the Northern States

of America never can be our sure friends, for this simple reason--not

merely because the newspapers write at each other, or that there are

prejudices on both sides, but because we are rivals, rivals

politically, rivals commercially. We aspire to the same position. We

both aspire to the government of the seas. We are both manufacturing

people, and in every port, as well as at every court, we are rivals

to each other. . . . With respect to the Southern States, the case is

entirely reversed. The population are an agricultural people. They

furnish the raw material of our industry, and they consume the produce

which we manufacture from it. With them, therefore, every interest

must lead us to cultivate friendly relations, and we have seen that

when the war began they at once recurred to England as their natural

ally."

--July 18, 1862. Mr. Lindsay, in discussing the questions of the civil

war, said: "The re-establishment of the Union is indeed hopeless.

That being so,--if we come to that conclusion,--it behooves England, in

concert, I hope, with the great Powers of Europe, to offer her

meditation, and to ask these States to consider the great distress

among the people of this country caused entirely by this unhappy civil

war which is now raging."

--Aug. 4, 1862. Lord Campbell (discussing the civil war) said: "But

if the present moment is abandoned what are we to wait for? Not for

Northern victories. Such victories would clearly limit our capacity

to acknowledge Southern independence, as it was limited from the

defeat and death of Zollicoffer in the winter down to the events which

have lately driven General McClellan to the river. _We are to wait,

therefore, for new misfortunes to the Government of Washington before

we grant to this unhappy strife the possibility of closing_."

--March 23, 1863. Lord Campbell said: "Swelling with omnipotence,

Mr. Lincoln and his colleagues dictate insurrection to the slaves of

Alabama." And he spoke of the administration as "ready to let loose

four million negroes on their compulsory owners and to renew from sea

to sea the horrors and crimes of San Domingo."--He argued earnestly

in favor of the British Government joining the government of France in

acknowledging Southern independence. He boasted that within the last

few days a Southern loan of £3,000,000 sterling had been offered in

London, and that £9,000,000 were subscribed. He said: "Southern

recognition will take away from the Northern mind the hope which

lingers yet of Southern subjugation. From the Government of

Washington it will take away the power of describing eleven communities

contending for their liberty as rebels. . . . Victorious already,

animated then, the Southern armies would be doubly irresistible. They

would not have, if they retain it now, the power to be vanquished."

--Feb. 5, 1863. Earl Malmesbury spoke disdainfully of treating with so

extraordinary a body as the Government of the United States, and

referred to the horrors of the war,--"horrors unparalleled even in the

wars of barbarous nations."

--March 27, 1863. Mr. Laird of Birkenhead (the builder of the

_Alabama_ and the rebel rams) was loudly cheered when he declared that

"the institutions of the United States are of no value whatever, and

have reduced the very name of liberty to an utter absurdity."

--April 23, 1863. Mr. Roebuck declared "that the whole conduct of the

people of the North is such as proves them not only unfit for the

government of themselves, but unfit for the courtesies and the

community of the civilized world." Referring to some case of an

English ship that had been seized by an American man-of-war, he

declared: "It may lead to war; and I, speaking here for the English

people, am prepared for war. I know that language will strike the

heart of the peace party in this country, but it will also strike the

heart of the insolent people who govern America."

--Lord Palmerston, Prime Minister, simply replied, without other

comment, that the question to which Mr. Roebuck referred "is of the

greatest possible importance."

--June 30, 1863. Mr. Roebuck asserted that "the South will never come

into the Union, and what is more, I hope it never may. I will tell you

why I say so. America while she was united ran a race of prosperity

unparalleled in the world. Eighty years made the Republic such a

power, that if she had continued as she was a few years longer she

would have been the great bully of the world. . . . As far as my

influence goes, I am determined to do all I can to prevent the

reconstruction of the Union. . . . I say then that the Southern States

have indicated their right to recognition; they hold out to us

advantages such as the world has never seen before. I hold that it

will be of the greatest importance that the reconstruction of the

Union should not take place."

--April 24, 1863. Mr. Horsman of Stroud said: "We have seen the

leviathan power of the North broken and driven back, with nothing to

show for two years of unparalleled preparation and vast human sacrifice

but failure and humiliation; the conquest of the South more hopeless

and unachievable than ever, and Washington at this moment in greater

jeopardy than Richmond. . . . I am not surprised that we should hear

the questions asked now, 'How long are these afflictions to be endured?

How long are the cotton ports of the South to remain sealed to Europe?

How long are France and England to be debarred from intercourse with

friendly States that owe no more allegiance to the North than they

owe to the Pope? And how long are our patient but suffering operatives

to remain the victims of an extinct authority and an aggressive and

a malevolent Legislature?'"

--June 15, 1863. The Marquis of Clanricarde objected to our blockade,

and said it was kept up "although every man of common sense in the

United States is now convinced that it is impossible to compel the

Southern States to re-enter the Union. . . . It is the duty of the

British Government not to allow these infractions of maritime law to

continue, which are in effect setting aside all law and practice as

hitherto maintained."

--June 26, 1863. The Marquis of Clanricarde thought that "proceedings

of American prize courts should be closely watched, for if doctrines

are admitted there contrary to those maintained in the highest courts

of this country, great confusion will be the result hereafter."

--June 29, 1863. Mr. Peacocke, complaining of some decisions made in

the prize courts of the United States, said: "It is therefore the duty

of the House to see how the law is administered in those courts." He

confessed that he greatly distrusted these prize courts as they were at

the time constituted.

--June 30, 1863. Mr. Clifford spoke of the "wanton barbarity with

which the Federal Government has allowed its officers to wage the

war, as though they sought to emulate the ravages of Attila and

Genghis-Khan. . . And these things were done not for military objects

which would afford some excuse for them, but out of such sheer wanton

malice that even the negroes looked on disgusted and aghast."

--Feb. 9, 1864. Mr. Haliburton said: "The Canadians feel that the

Americans are a lawless people, who are bound by no ties, who disregard

International Law, who resort to violence and force."

--March 4, 1864. Lord Robert Montagu tauntingly remarked that it

seemed to him "that it is the Federals who are bound to stop the

depredations of the _Alabama_. Why have they not a ship quick enough

to catch her and strong enough to destroy her?"

--March 14, 1864. Sir James Fergusson declared that "wholesale

peculations and robbery have been perpetrated under the form of war

by the Generals of the Federal States, and worse horrors than, I

believe, have ever in the present century disgraced European armies,

have been perpetrated under the eyes of the Federal Government and yet

remain unpunished. These things are notorious as the proceedings of a

Government which seems anxious to rival one despotic and irresponsible

power of Europe in its contempt for the public opinion of mankind."

--March 18, 1864. The Earl of Donoughmore, referring to a statement

in regard to the enlistments made by Captain Winslow of the United

States ship _Kearsarge_, said that "either he stated what was a

transparent falsehood or else he was not fit for his post." He then

added: "The fact, however, is that any transparent falsehood seems to

be a sufficient excuse for a particular line of conduct when it comes

from the Federal Government."

--May 19, 1864. Mr. Alderman Rose declared "the whole system of

Government in the Northern States is false, rotten, and corrupt; while

the South is making for herself a great name and a glorious history."

--June 9, 1864. Lord Brougham said that he believed there was "but

one universal feeling not only in this country, but all over Europe, of

reprobation of the continuance of this war, of deep lamentation for its

existence, and of an anxious desire that it should at length be made to

cease." He lived in hopes "that before long an occasion might arise

when in conjunction with our ally on the other side of the channel we

shall interfere with effect, and when an endeavor to accommodate

matters and restore peace between the two great contending parties will

be attended with success."

--Lord John Russell agreed with Lord Brougham that "it is a most

horrible war in America. There seems to be such hatred and animosity

between great hosts of men, who were lately united under one

government, that no consideration seems powerful enough to induce them

to put an end to their fratricidal strife; and it is difficult to deal

with them on those ordinary principles which have hitherto governed the

conduct of civilized mankind."]

[(2) The subscribers to the Confederate loan in England were very

numerous. The following were among the most conspicuous, as given in

an official list.

Right Hon. Lord Wharncliffe; Marquis of Bath; Marquis of Lothian;

Admiral, Right Hon. Lord Fitzardinge; Right Hon. Lord Claud Hamilton,

M. P.; Right Hon. Viscount Lefford; Right Hon. Lord Teynham; Viscount

Goimanson; Lord Robert Cecil, M. P.; Lord Henry F. Thynne, M. P.; Sir

John W. H. Anson; Sir Gerald George Aylmer; Sir George H. Beaumont;

Sir Samuel Bignold; Sir W. H. Capell Brook; Sir C. W. C. de Crispigny;

Sir T. B. Dancer; Sir Arthur H. Elton; Sir W. H. Fielden; Sir W.

Fitzherbert; Rev. Sir C. H. Foster; General Sir J. W. Guise; Sir Robert

Harty; Sir William Hartopp; Sir Henry A. Hoare; Sir Henry de Hoghton;

Vice-Admiral Hon. Sir Henry Keppel; Sir Edward Kerrison, M. P.; Sir

John Dick Lander, M. P.; Sir E. A. H. Lechmere; Sir Coleman M. O.

Loghlin, M. P.; Rev. C. R. Lighton, Bart.; Lieut.-Col. Sir Coutts

Lindsay; Captain Sir G. N. Brooke Middelton; Sir Edmund Prideaux; Sir

George Ramsey; Sir John S. Richardson; Sir George S. Robinson; Sir John

S. Robinson; Sir J. A. Stewart; Sir W. D. Stewart; Sir John Tysser

Tyrrell; Sir C. F. Lascelles Wraxall; Hon A. Duncombe, M. P.; Colonel,

Right Hon. G. C. W. Forester, M. P.; Right Hon. J. Whiteside, M. P.;

Hon. Percy S. Windham, M. P.; Lieut.-Col. T. Peers Williams, M. P.;

Hon. W. Ashley; Major Hon. W. E. Cochrane; Hon. M. Portman; Hon S. P.

Vereker; Richard Breminge, M. P.; W. H. Gregory, M. P.; Judge

Halliburton, M. P.; John Hardy, M. P.; Beresford A. J. B. Hope, M. P.;

J. T. Hopewood, M. P.; W. S. Lindsay, M. P.; Matthew Henry Marsh, M.

P.; Francis Macdonough, M. P.; J. A. Roebuck, M. P.; William

Scholefield, M. P.; William Vansittart, M. P.; Arthur Edwin Way, M. P.]

[(3) Three eminent British authorities may be quoted as to the mode in

which England had governed Ireland.

--Mr. Lecky, in his history of England in the eighteenth century, in

reviewing the condition of Ireland, says, in 1878: "It would be

difficult in the whole compass of history to find another instance

in which such various and such powerful agencies concurred to degrade

the character and to blast the prosperity of a nation. That the

greater part of them sprang directly from the corrupt and selfish

Government of England is incontestable. No country ever exercised

a more complete control over the destinies of another than did

England over those of Ireland for three-quarters of a century after

the Revolution. No serious resistance of any kind was ever attempted.

The nation was as passive as clay in the hands of the potter, and it is

a circumstance of peculiar aggravation that a large part of the

legislation I have recounted was a distinct violation of a solemn

treaty. The commercial legislation which ruined Irish industry, the

confiscation of Irish land, which disorganized the whole social

condition of the country, the scandalous misapplication of patronage,

which at once demoralized and impoverished the nation, were all

directly due to the English Government and the English Parliament."

--Mr. Macaulay, in a speech in the House of Commons on the state of

Ireland, in Feb., 1844, said: "My first proposition, sir, will

scarcely be disputed. Both sides of the House are fully agreed in

thinking that the condition of Ireland may well excite great anxiety

and apprehension. That island, in extent about one-fourth of the

United Kingdom, in population more than one-fourth, superior probably

in natural fertility to any area of equal size in Europe, possessed

of natural facilities for trade such as can nowhere else be found in

an equal extent of coast, an inexhaustible nursery of gallant soldiers,

a country far more important to the prosperity, the strength, the

dignity of this great empire than all our distant dependencies

together, than the Canadas and the West Indies added to Southern

Africa, to Australasia, to Ceylon, and to the vast dominions of the

Moguls,--that island, sir, is acknowledged by all to be so ill affected

and so turbulent that it must, in any estimate of your power, be not

added, but deducted. You admit that you govern that island, not as

you govern England and Scotland, but as you govern your new conquests

in Scinde; not by means of the respect which the people feel for the

laws, but by means of bayonets, of artillery, or entrenched camps."

--Edmund Burke, writing to Sir Hercules Langrishe, in 1792, said: "The

original scheme was never deviated from for a single hour. Unheard-of

confiscations were made in the Northern parts, upon grounds of plots

and conspiracies never proved upon their supposed authors. The war

of chicane succeeded to the war of arms and of hostile statutes; and

a regular series of operations were carried on, particularly from

Chichester's time, in the ordinary courts of justice and by special

commissions and inquisitions: First under pretense of tenures, and

then of titles in the Crown, for the purpose of the total extirpation

of the interests of the natives in their own soil, until the species

of subtle ravage kindled the flames of that rebellion which broke out

in 1641. By the issue of that war, by the turn which the Earl of

Clarendon gave to things at the Restoration, and by the total reduction

of the kingdom of Ireland in 1691, the ruin of the native Irish, and in

a great measure too of the first races of the English, was completely

accomplished."]

[(4) The following is the language of President Grant in his message:--

"Toward the close of the last Administration a convention was signed

at London for the settlement of all outstanding claims between Great

Britain and the United States, which failed to receive the advice and

consent of the Senate to its ratification. The time and the

circumstances attending the negotiation of that treaty were unfavorable

to its acceptance by the people of the United States, and its

provisions were wholly inadequate for the settlement of the grave

wrongs that had been sustained by this Government as well as by its

citizens.

"The injuries resulting to the United States by reason of the course

adopted by Great Britain during our late civil war in the increased

rates of insurance; in the diminution of exports and imports, and other

obstruction to domestic industry and production; in its effect upon

the foreign commerce of the country; in the decrease and transfer to

Great Britain of our commercial marine; in the prolongation of the

war and the increased cost, both in treasure and in lives, of its

suppression, could not be adjusted and satisfied as ordinary commercial

claims, which continually arise between commercial nations. And yet

the convention treated them simply as such ordinary claims, from which

they differ more widely in the gravity of their character than in the

magnitude of their amount, great even as is that difference. Not a

word was found in the treaty, and not an inference could be drawn from

it, to remove the sense of the unfriendliness of the course of Great

Britain in our struggle for existence, which has so deeply and

universally impressed itself upon the people of this country.

"Believing that a convention thus misconceived in its scope and

inadequate in its provisions would not have produced the hearty,

cordial settlement of pending questions, which alone is consistent

with the relations which I desire to have firmly established between

the United States and Great Britain, I regarded the action of the

Senate in rejecting the treaty to have been wisely taken in the

interest of peace, and as a necessary step in the direction of a

perfect and cordial friendship between the two countries. A sensitive

people conscious of their power are more at ease under a great wrong

wholly unatoned than under the restraint of a settlement which

satisfies neither their ideas of justice nor their grave sense of the

grievance they have sustained."]

[(5) The Commissioners on behalf of Great Britain were the Earl de Grey

and Ripon, President of the Queen's Counsel; Sir Stafford Northcote,

late Chancellor of the Exchequer; Sir Edward Thornton, British Minister

at Washington; Sir John Macdonald, Premier of the Dominion of Canada;

and Montague Bernard, Professor of International Law in the university

of Oxford. On the part of the United States the Commissioners were

Hamilton Fish, Secretary of State; Robert C. Schenck, who had just been

appointed Minister to Great Britain; Samuel Nelson, Justice of the

Supreme Court; E. Rockwood Hoar, late Attorney-General; and George H.

Williams, late senator of the United States from Oregon.--The

Secretaries were Lord Tenterden, under secretary of the British Foreign

Office, and J. C. Bancroft Davis, Assistant Secretary of State of the

United States.]

[(6) The following are the three rules agreed upon:--

"A neutral Government is bound--

"First, to use due diligence to prevent the fitting out, arming, or

equipping, within its jurisdiction, of any vessel which it has

reasonable ground to believe is intended to cruise or to carry on war

against a power with which it is at peace; and also to use like

diligence to prevent the departure from its jurisdiction of any vessel

intended to cruise or carry on war as above, such vessel having been

specially adapted, in whole or in part, within such jurisdiction, to

warlike use.

"Secondly, not to permit or suffer either belligerent to make use of

its ports of waters as the base of naval operations against the other,

or for the purpose of the renewal or augmentation of military supplies

or arms, or the recruitment of men.

"Thirdly, to exercise due diligence in its own ports and waters, and,

as to all persons within its jurisdiction, to prevent any violation of

the foregoing obligations and duties."]

[(7) The Commission that made these labored and accurate awards was

composed as follows:--

Right Hon. Russell Gurney, M. P., was the English Commissioner; Hon.

James S. Fraser of Indiana was Commissioner for the United States;

Count Louis Corti (Minister from Italy to the United States) was

selected as third Commissioner. Hon. Robert S. Hale, a learned member

of the bar of New York, and distinguished as a representative in

Congress, was appointed agent of the United States; and Mr. Henry

Howard, one of the British secretaries of Legation at Washington, and

most favorably known to the people of the Capital, was agent of Her

Majesty's Government.]

[(8) The arbitrators who met at Geneva were as follows:--

Great Britain appointed Sir Alexander Cockburn; the United States

appointed Mr. Charles Francis Adams; the King of Italy named Count

Frederick Sclopia; the President of the Swiss Confederation named

Mr. Jacob Stæmpfli; the Emperor of Brazil named the Baron d'Itajubá.

Mr. J. C. Bancroft Davis was appointed Agent of the United States;

and Lord Tenterden was the Agent of Great Britain.]

Twenty Years of Congress, Volume 2 From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860 · 第 20 / 30 章