Mr. Johnson to Mr. Seward
Sir: I have just had another interview by appointment with Lord Clarendon, at his house, upon the subject of the claims convention. Having before left with him a copy of the amendment proposed in your last cipher telegram as a substitute for the fourth and other articles of the convention signed by Lord Stanley and myself relative to the Alabama claims, he told me that he brought it before the cabinet at a meeting at which all the members were present on Tuesday last, and that the result was this: They refuse to convert the convention into a protocol, and to have it signed at Washington instead of London. They think that this would be disrespectful to the late government, and wholly unnecessary. They concurred with his lordship in thinking that the provision in your amendment which looks to the contingency that the two governments might not agree upon the head of some foreign friendly nation as an arbitrator, if the appointment was referred to them, would be to call in question their good faith; and also concurred with him that the appointment of such an arbitrator by the commissioners would be esteemed so discourteous that no head of a foreign government so appointed would consent to act, and that thereby the convention would be rendered futile.
He gave me reason to understand that all the other amendments proposed by you would be adopted, and that they would also agree so to [Page 395] modify the signed convention as to clear it of the objections stated in your dispatch to me, No. 47, of the 27th of November, to the provisions it contains that they discriminate between the Alabama claims and the other claims to the disadvantage of the Alabama. This I understand will be proposed by a stipulation which shall provide that if, in the case of any claim by either government upon the other, the commissioners, or any two of them, shall desire to have the question of liability referred to the head of a friendly foreign state; and the two governments, when so advised, will agree to select such an arbitrator.
He told me that the cabinet was unanimous that a provision of this kind would be no departure from the convention of February, 1853, but on the contrary almost a literal compliance with it, and that they hoped that you upon reflection would agree in this view.
His lordship also informed me that he proposed to send by the mail which will take this, a dispatch to Mr. Thornton, in which he would discuss the entire subject, and which of course Mr. Thornton will be authorized to lay before you. I am perfectly satisfied that every member of the cabinet is most anxious to bring the controversy in regard to the Alabama claims to a satisfactory termination, and I trust, therefore, that you will be able to concur substantially in the propositions which will be made in the dispatch to Mr. Thornton.
I can get the Alabama claims specifically mentioned as among the claims to be submitted to the commissioners and this I think most important.
Referring you to Lord Clarendon’s note to Mr. Thornton, I have the honor to remain, with high regard, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.