Office of the Historian
No. 212.
[Extract.]

Mr. Fish to General Schenck

No. 27.]
Department of State, Washington, July 18, 1871.

Sir: I have to inform you that about three weeks since Sir Edward Thornton called upon me at my house in the country, to submit for my consideration, under instructions from his government, draughts of proposed instructions from the respective governments to their ministers at Florence, Berne, and Rio, together with draughts of a proposed note which their representatives were to be respectively instructed to communicate to the governments to which they are accredited. I was at the time of Sir Edward’s call seriously ill, and forbidden to attend to business. As soon as I was able to do so, I gave these several draughts my serious consideration and suggested several amendments which, I understand, have received the assent of Lord Granville. I have to-day sent out these instructions to the American ministers at Florence, Berne, and Rio, in form (mutatis mutandis) as shown the inclosed in copy of the instructions to Mr. Partridge, except that the other notes did not contain the postscript which was on the instructions to Mr. Partridge. This postscript was made necessary by the fact that the Emperor of Brazil is at present in Europe. It is not improbable that, on consultation with Lord Granville, it may be deemed advisable to take steps for bringing the subject directly to the notice of His Majesty. In [Page 451] that event you will, should the Emperor be in London, exercise your own judgment as to the steps to be taken; should it be proposed to make the communication on the Continent, you will telegraph for instructions. At the same time, Sir Edward desired to bring to my notice proposed instructions to the British and American ministers at Berlin as to the boundary arbitration, and a form of a note on the part of each government to the government of the Emperor of Germany. These I found to be unexceptionable, and instructions in that sense go out by to-day’s mail.

* * * * * * *

I am, &c.,

HAMILTON FISH.
[Inclosure 1.]

Mr. Fish to Mr. Partridge

No. 5]
Department of State, Washington, July 18, 1871.

Sir: I transmit to you herewith the draught of a note which you will present to the government of His Imperial Majesty, requesting that His Majesty will be pleased to appoint an arbitrator to form with the arbitrators to be named by the President, by Her Britannic Majesty, by His Majesty the King of Italy, and by the President of the Swiss Confederation, the tribunal of arbitration to which in pursuance of the first article of the treaty signed at Washington on the 8th of May, of which a copy is sent to you herewith, the United States and Her Britannic Majesty have agreed that all the claims growing out of the acts committed by the several vessels which have given rise to the claims generically known as the “Alabama claims” shall be referred.

You will arrange with your British colleague for the simultaneous presentation of your respective notes on this subject.

You will not fail to draw the attention of the minister of foreign affairs, unofficially, to the last clause of the first article, as to the period within which it is hoped that an arbitrator will be named.

I am, sir, your obedient servant.

HAMILTON FISH.

P. S.—It being understood that His Imperial Majesty is now in Europe, a copy of this instruction and of its inclosure will be forwarded to General Schenck, with instructions to confer with Her Majesty’s government, and, if it shall be deemed advisable, in view of the short time remaining for the appointment of an arbitrator, to also take steps to bring the subject there to the attention of His Imperial Majesty.

[Inclosure.]

Draught of note to government of Brazil.

Differences having arisen between the Government of the United States and the government of Her Britanic Majesty, growing out of the acts committed by the several vessels which have given rise to the claims generally known as the “Alabama claims,” the high contracting parties, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of such claims, have agreed, by the first article of the treaty signed at Washington on the 8th of May, 1871, of which a copy is annexed, to refer all the said claims growing out of acts committed by the aforesaid vessels, and generically known as the “Alabama claims” to a tribunal of arbitration, to be composed of five arbitrators, to be appointed in the following manner, that is to say: One shall be named by the President of the United States; one shall be named by Her Britanic Majesty; His majesty the Emperor of Brazil shall be requested to name one; His Majesty the King of Italy shall be requested to name one; the President of the Swiss Confederation shall be requested to name one.

The high contracting parties, therefore, reposing entire confidence in the spirit of justice and impartiality which distinguishes His Majesty the Emperor of Brazil, the common friend of the two states, have agreed, in pursuance of the said treaty, to [Page 452] address themselves severally to His Majesty, and to request His Majesty to be pleased to appoint an arbitrator, to form, with the arbitrators to be named by the other powers above named, the tribunal of arbitration, to which reference agreed upon in the first article of the treaty shall be made.

The undersigned, envoy extraordinary and minister plenipotentiary of the United States, having received the orders of his Government to communicate to His Majesty the Emperor of Brazil the agreement thus made on the part of the United States, has been further charged to express the earnest wish of the President of the United States that His Majesty the Emperor will be willing to afford his good offices on the present occasion, and will be pleased to appoint an arbitrator to act in the premises.

The undersigned has the honor to request the [minister of foreign affairs] to lay this communication before His Majesty, and to be pleased to make known to the undersigned His Majesty’s determination with regard to the request therein set forth.

Same mutatis mutandis to the governments of Italy and Switzerland.