CHAPTER II. Controversies With Great Britain

No two nations have ever had more intimate relationships than the United

States and Great Britain. Speaking the same language and owning a common

racial origin in large part, they have traded with each other and in

the same regions, and geographically their territories touch for three

thousand miles. During the nineteenth century the coastwise shipping of

the United States was often forced to seek the shelter of the British

West Indies. The fisherfolk of England and America mingled on the Grand

Bank of Newfoundland and on the barren shores of that island and of

Labrador, where they dried their fish. Indians, criminals, and game

crossed the Canadian boundary at will, streams flowed across it, and

the coast cities vied for the trade of the interior, indifferent to the

claims of national allegiance. One cannot but believe that this intimacy

has in the long run made for friendship and peace; but it has also

meant constant controversy, often pressed to the verge of war by the

pertinacious insistence of both nations on their full rights as they saw

them.

The fifteen years following Adams's encounter with Canning saw the

gradual accumulation of a number of such disputes, which made the

situation in 1840 exceptionally critical. Great Britain was angered at

the failure of the United States to grant her the right to police the

seas for the suppression of the slave trade, while the United States,

with memories of the vicious English practice of impressment before the

War of 1812, distrusted the motives of Great Britain in asking for this

right. Nearly every mile of the joint boundary in North America was in

dispute, owing to the vagueness of treaty descriptions or to the errors

of surveyors. Twelve thousand square miles and a costly American fort

were involved; arbitration had failed; rival camps of lumberjacks

daily imperiled peace; and both the Maine Legislature and the National

Congress had voted money for defense. In a New York jail Alexander

McLeod was awaiting trial in a state court for the murder of an American

on the steamer Caroline, which a party of Canadian militia had cut out

from the American shore near Buffalo and had sent to destruction over

Niagara Falls. The British Government, holding that the Caroline was at

the time illegally employed to assist Canadian insurgents, and that

the Canadian militia were under government orders justifiable by

international law, assumed the responsibility for McLeod's act and his

safety. Ten thousand Americans along the border, members of "Hunters'

Lodges," were anxious for a war which would unleash them for the

conquest of Canada. Delay was causing all these disputes to fester, and

the public mind of the two countries was infected with hostility.

Fortunately in 1841 new administrations came into power in both England

and the United States. Neither the English Tories nor the American Whigs

felt bound to maintain all the contentions of their predecessors, and

both desired to come to an agreement. The responsibility on the American

side fell upon Daniel Webster, the new Secretary of State. With less

foreign experience than John Quincy Adams, he was more a man of the

world and a man among men. His conversation was decidedly less ponderous

than his oratory, and there was no more desirable dinner guest in

America. Even in Webster's lightest moments, his majestic head gave the

impression of colossal mentality, and his eyes, when he was in earnest,

almost hypnotized those upon whom he bent his gaze. A leading figure

in public life for twenty-five years, he now attained administrative

position for the first time, and his constant practice at the bar had

given something of a lawyerlike trend to his mind.

The desire of the British Government for an agreement with the United

States was shown by the selection of Washington instead of London as the

place of negotiation and of Lord Ashburton as negotiator. The head of

the great banking house of Baring Brothers, he had won his title by

service and was, moreover, known to be a friend of the United States.

While in Philadelphia in his youth, he had married Miss Bingham of that

city, and she still had American interests. In the controversies before

the War of 1812 Lord Ashburton had supported many of the American

contentions. He knew Webster personally, and they both looked forward

to the social pleasure of meeting again during the negotiations. The

two representatives came together in this pleasant frame of mind and did

most of their business at the dinner table, where it is reported that

more than diplomatic conversation flowed. They avoided an exchange of

notes, which would bind each to a position once taken, but first came to

an agreement and then prepared the documents.

It must not be supposed, however, that either Ashburton or Webster

sacrificed the claims of his own Government. Webster certainly was a

good attorney for the United States in settling the boundary disputes,

as is shown by the battle of the maps. The territorial contentions of

both countries hung largely upon the interpretation of certain clauses

of the first American treaty of peace. Webster therefore ordered a

search for material to be made in the archives of Paris and London. In

Paris there was brought to light a map with the boundary drawn in red,

possibly by Franklin, and supporting the British contention. Webster

refrained from showing this to Ashburton and ordered search in London

discontinued. Ironically enough, however, a little later there was

unearthed in the British Museum the actual map used by one of the

British commissioners in 1782, which showed the boundary as the United

States claimed it to be. Though they had been found too late to affect

the negotiations, these maps disturbed the Senate discussion of the

matter. Yet, as they offset each other, they perhaps facilitated the

acceptance of the treaty.

Rapidly Webster and Ashburton cleared the field. Webster obtained the

release of McLeod and effected the passage of a law to prevent a similar

crisis in the future by permitting such cases to be transferred to a

federal court. The Caroline affair was settled by an amicable exchange

of notes in which each side conceded much to the other. They did not

indeed dispose of the slave trade, but they reached an agreement by

which a joint squadron was to undertake to police efficiently the

African seas in order to prevent American vessels from engaging in that

trade.

Upon the more important matter of boundary, both Webster and Ashburton

decided to give up the futile task of convincing each other as to the

meaning of phrases which rested upon half-known facts reaching back

into the misty period of first discovery and settlement. They abandoned

interpretation and made compromise and division the basis of their

settlement. This method was more difficult for Webster than for

Ashburton, as both Maine and Massachusetts were concerned, and each must

under the Constitution be separately convinced. Here Webster used the

"Red Line" map, and succeeded in securing the consent of these States.

They finally settled upon a boundary which was certainly not that

intended in 1782 but was a compromise between the two conceptions

of that boundary and divided the territory with a regard for actual

conditions and geography. From Passamaquoddy Bay to the Lake of the

Woods, accepted lines were substituted for controversy, and the basis of

peace was thus made more secure. The treaty also contained provision

for the mutual extradition of criminals guilty of specified crimes, but

these did not include embezzlement, and "gone to Canada" was for years

the epitaph of many a dishonest American who had been found out.

The friendly spirit in which Webster and Ashburton had carried on their

negotiations inaugurated a period of reasonable amity between their two

nations. The United States annexed Texas without serious protest; in

spite of the clamor for "fifty-four forty or fight," Oregon was divided

peacefully; and England did not take advantage of the war with Mexico.

Each of these events, however, added to American territory, and these

additions gave prominence to a new and vexing problem. The United

States was now planted solidly upon the Pacific, and its borders were

practically those to which Adams had looked forward. Natural and unified

as this area looks upon the map and actually is today, in 1850

the extent of territorial expansion had overreached the means of

transportation. The Great Plains, then regarded as the Great American

Desert, and the Rockies presented impossible barriers to all but

adventurous individuals. These men, uniting in bands for self-protection

and taking their lives in their hands, were able with good luck to take

themselves but little else across this central region and the western

barrier. All ordinary communication, all mail and all freight, must go

by sea. The United States was actually divided into two very unequal

parts, and California and Oregon were geographically far distant

colonies.

The ocean highroad belonged to the United States in common with all

nations, but it took American ships to the opposite ends of the earth.

No regular shuttle of traffic sufficient to weave the nation together

could be expected to pass Cape Horn at every throw. The natural route

lay obviously through the Caribbean, across some one of the isthmuses,

and up the Pacific coast. Here however, the United States would have

to use territory belonging to other nations, and to obtain the right of

transit and security agreement was necessary. All these isthmus routes,

moreover, needed improvement. Capital must be induced to do the work,

and one necessary inducement was a guarantee of stable conditions of

investment.

This isthmus route became for a time the prime object of American

diplomacy. The United States made in 1846 satisfactory arrangements with

the Republic of New Granada (later Colombia), across which lay the

most southern route, and in 1853 with Mexico, of whose northern or

Tehuantepec route many had great expectations; but a further difficulty

was now discovered. The best lanes were those of Panama and of

Nicaragua. When the discovery of gold in California in 1848 made haste

a more important element in the problem, "Commodore" Vanderbilt, at that

time the shipping king of the United States, devoted his attention to

the Nicaragua route and made it the more popular. Here however, the

United States encountered not only the local independent authorities

but also Great Britain. Just to the north of the proposed route Great

Britain possessed Belize, now British Honduras, a meager colony but with

elastic boundaries. For many generations, too, she had concerned herself

with securing the rights of the Mosquito Indians, who held a territory,

also with elastic boundaries, inconveniently near the San Juan River,

the Caribbean entrance to the Nicaraguan thoroughfare. From Great

Britain, moreover, must come a large portion of the capital to be

employed in constructing the canal which was expected soon to cut the

isthmus.

The local situation soon became acute. Costa Rica, Nicaragua, and

the Mosquitoes all claimed the mouth of the San Juan; Honduras and

Nicaragua, the control of the Pacific outlet. British diplomatic and

naval officers clashed with those of the United States until, in their

search for complete control, both exceeded the instructions which they

had received from home. The British occupied Greytown on the San Juan

and supported the Mosquitoes and Costa Rica. The Americans won favor

in Nicaragua and Honduras, framed treaties allowing transit and canal

construction, and proposed the annexation of Tigre Island, which,

commanded the proposed Pacific outlet.

To untie these knots, Sir Henry Bulwer was sent to Washington to

negotiate with John M. Clayton, President Taylor's Secretary of

State. Neither of these negotiators was of the caliber of Webster and

Ashburton, and the treaty which they drew up proved rather a Pandora's

box of future difficulties than a satisfactory settlement. In the first

place it was agreed that any canal to be constructed over any of the

isthmuses was to be absolutely neutral, in time of war as well as of

peace. Both nations were to guarantee this neutrality, and other nations

were invited to join with them. No other nations did join, however, and

the project became a dual affair which, owing to the superiority of the

British Navy, gave Britain the advantage, or would eventually have

done so if a canal had been constructed. Subsequently the majority of

Americans decided that such a canal must be under the sole control of

the United States, and the treaty then stood as a stumbling block in the

way of the realization of this idea.

More immediately important, however, and a great wrench to American

policies, was the provision that neither power "will ever erect or

maintain any fortifications commanding" the canal "or occupy, or

fortify, or colonize, or assume or exercise any dominion over... any part

of Central America." This condition violated Adams's principle that the

United States was not on the same footing with any European power in

American affairs and should not be bound by any self-denying ordinance,

and actually it reversed the principle against the United States. An

explanatory note accompanying the treaty recognized that this provision

did not apply to Belize and her dependencies, and Great Britain promptly

denied that it applied to any rights she already possessed in Central

America, including the Mosquito protectorate and certain Bay Islands

which were claimed by Great Britain as dependencies of Belize and by

Honduras as a part of her territory.

In vain did Webster, who succeeded Clayton, seek an agreement. His

term of office passed, and the controversy fell into the hands of Lord

Palmerston, the jingoistic spirit who began at this time to dominate

British foreign policy, and of James Buchanan, who, known to us as a

spineless seeker after peace where there was no peace, was at this time

riding into national leadership on a wave of expansionist enthusiasm.

Buchanan and Palmerston mutually shook the stage thunder of verbal

extravagance, but probably neither intended war. Poker was at this time

the national American game, and bluff was a highly developed art. The

American player won a partial victory. In 1856 Great Britain agreed

to withdraw her protectorate over the Mosquitoes, to acknowledge the

supremacy of Honduras over the Bay Islands, and to accept a reasonable

interpretation of the Belize boundary. Though this convention was never

ratified, Great Britain carried out its terms, and in 1860 Buchanan

announced himself satisfied.

The dreams of 1850, however, were not satisfied. A railroad was

completed across Panama in 1855, but no canal was constructed until

years after the great transcontinental railroads had bound California

to the East by bonds which required no foreign sanction. Yet the

Clayton-Bulwer Treaty remained an entangling alliance, destined to give

lovers of peace and amity many more uncomfortable hours.

During the Civil War other causes of irritation arose between the United

States and Great Britain. The proclamation of neutrality, by which the

British Government recognized the Confederacy as a belligerent, seemed

to the North an unfriendly act. Early in the war occurred the Trent

affair, which added to the growing resentment. * It was held to be a

violation of professed neutrality that Confederate commerce destroyers

were permitted to be built and fitted out in British yards. The

subsequent transfer of hundreds of thousands of tons of American

shipping to British registry, owing to the depredations of these

raiders, still further incensed the American people. It was in the midst

of these strained relations that the Fenian Brotherhood in the United

States attempted the invasion of Canada.

* See Stephenson, "Abraham Lincoln and the Union," in "The

Chronicles of America."

America laid claims against Great Britain, based not merely on the

actual destruction of merchantmen by the Alabama, the Florida, and other

Confederate vessels built in British yards, but also on such indirect

losses as insurance, cost of pursuit, and commercial profits. The

American Minister, Charles Francis Adams, had proposed the arbitration

of these claims, but the British Ministry, declined to arbitrate matters

involving the honor of the country. Adams's successor, Reverdy Johnson,

succeeded in arranging a convention in 1868 excluding from consideration

all claims for indirect damages, but this arrangement was unfavorably

reported from the Committee on Foreign Affairs in the Senate. It was

then that Charles Sumner, Chairman of the Committee, gave utterance

to his astounding demands upon Great Britain. The direct claims of

the United States, he contended, were no adequate compensation for its

losses; the indirect claims must also be made good, particularly those

based on the loss of the American merchant marine by transfer to the

British flag. The direct or "individual" American losses amounted to

$15,000,000. "But this leaves without recognition the vaster damage

to commerce driven from the ocean, and that other damage, immense and

infinite, caused by the prolongation of the war, all of which may be

called NATIONAL in contradistinction to INDIVIDUAL." Losses to commerce

he reckoned at $110,000,000, adding that this amount must be considered

only an item in the bill, for the prolongation of the war was directly

traceable to England. "The rebellion was suppressed at a cost of more

than four thousand million dollars...through British intervention the

war was doubled in duration;... England is justly responsible for the

additional expenditure." Sumner's total bill against Great Britain,

then, amounted to over $2,000,000,000; "everyone," said he, "can make

the calculation."

Had an irresponsible member of Congress made these demands, they might

have been dismissed as another effort to twist the British lion's tail;

but Charles Sumner took himself seriously, expected others to take him

seriously, and unhappily was taken seriously by a great number of his

fellow countrymen. The explanation of his preposterous demand appeared

subsequently in a memorandum which he prepared. To avoid all possible

future clashes with Great Britain, he would have her withdraw from the

American continents and the Western Hemisphere. Great Britain might

discharge her financial obligations by transferring to the United States

the whole of British America! And Sumner seems actually to have believed

that he was promoting the cause of international good will by this

tactless proposal.

For a time it was believed that Sumner spoke for the Administration, and

public opinion in the United States was disposed to look upon his

speech as a fair statement of American grievances and a just demand for

compensation. The British Government, too, in view of the action of the

Senate and the indiscreet utterances of the new American Minister in

London, John Lothrop Motley, believed that President Grant favored an

aggressive policy. Further negotiations were dropped. Both Governments,

nevertheless, were desirous of coming to an understanding, though

neither wished to take the first step.

Fortunately it happened that Caleb Cushing for the United States and

John Rose for Canada were then engaged at Washington in the discussion

of some matters affecting the two countries. In the course of informal

conversations these accomplished diplomats planned for a rapprochement.

Rose presented a memorandum suggesting that all questions in dispute

be made the subject of a general negotiation and treaty. It was at

this moment that Sumner came forward with his plan of compensation

and obviously he stood in the way of any settlement. President Grant,

however, already incensed by Motley's conduct and by Sumner's opposition

to his own favorite project, the annexation of Santo Domingo, now broke

definitely with both by removing Motley and securing Sumner's deposition

from the chairmanship of the Committee on Foreign Affairs. The way was

now prepared for an agreement with Great Britain.

On February 27, 1871, a Joint High Commission, composed of five

distinguished representatives from each Government, began its memorable

session at Washington. The outcome was the Treaty of Washington, signed

on May 8, 1871. The most important question--the "Alabama Claims"--was

by this agreement to be submitted to a tribunal of five arbitrators,

one to be selected by the President of the United States, another by the

Queen of Great Britain, a third by the King of Italy, a fourth by the

President of the Swiss Republic, and a fifth by the Emperor of Brazil.

This tribunal was to meet at Geneva and was to base its award on three

rules for the conduct of neutral nations: "First, to use due diligence

to prevent the fitting out,... within its jurisdiction, of any

vessel which it has reasonable ground to believe is intended to

cruise... against a Power with which it is at peace...; secondly, not to

permit... either belligerent to make use of its ports or waters as a base

of naval operations...; thirdly, to exercise due diligence in its own

ports and waters... to prevent any violation of the foregoing obligations

and duties."

Another but less elaborate tribunal was to decide all other claims which

had arisen out of the Civil War. Still another arbitration commission

was to assess the amount which the United States was to pay by way of

compensation for certain privileges connected with the fisheries. The

vexed question of the possession of the San Juan Islands was to be left

to the decision of the Emperor of Germany. A series of articles provided

for the amicable settlement of border questions between the United

States and Canada. Never before in history had such important

controversies been submitted voluntarily to arbitration and judicial

settlement.

The tribunal which met at Geneva in December was a body of distinguished

men who proved fully equal to the gravity of their task. Charles Francis

Adams was appointed to represent the United States; Sir Alexander

Cockburn, to represent Great Britain; the commissioners from neutral

States were also men of distinction. J. C. Bancroft Davis was agent for

the United States, and William M. Evarts, Caleb Cushing, and Morrison R.

Waite acted as counsel. The case for the United States was not presented

in a manner worthy of the occasion. According to Adams the American

contentions "were advanced with an aggressiveness of tone and

attorney-like smartness, more appropriate to the wranglings of a

quarter-sessions court than to pleadings before a grave international

tribunal." The American counsel were instructed to insist not, indeed,

on indemnity for the cost of two years of war, but on compensation

because of the transfer of our commerce to the British merchant marine,

by virtue of the clause of the treaty which read "acts committed by the

several vessels which have given rise to the claims generally known as

the 'Alabama Claims.'" British public opinion considered this contention

an act of bad faith. Excitement in England rose to a high pitch and the

Gladstone Ministry proposed to withdraw from the arbitration.

That the tribunal of arbitration did not end in utter failure was due to

the wisdom and courage of Adams. At his suggestion the five arbitrators

announced on June 19, 1872, that they would not consider claims for

indirect damages, because such claims did "not constitute, upon

the principles of international law applicable to such cases, good

foundation for an award of compensation, or computations of damages

between nations." These claims dismissed, the arbitrators entered into

an examination of the direct American claims and on September 14, 1872,

decided upon an award of fifteen and a half million dollars to the

United States. The Treaty of Washington and the Geneva Tribunal

constituted the longest step thus far taken by any two nations toward

the settlement of their disputes by judicial process.

The Path of Empire: A Chronicle of the United States as a World Power · 第 2 / 17 章