Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 2, 1872, Part II, Volume II
No. 6.
Mr. Davis to Mr. Fish.
Sir: I have the honor to inform you that I arrived in Geneva on the evening of Saturday, the 13th instant.
Lord Tenterden arrived yesterday; General Cushing and Mr. Beaman also each put in an appearance yesterday. This morning we exchanged the Counter Cases. The British Counter Case was accompanied by a note from Lord Tenterden to the Arbitrators, of which a copy is inclosed. I thought the note required some notice on my part, and made the reply of which a copy is inclosed.
The Counter Cases on the part of Great Britain, which were exchanged at the Hotel de Ville, were the copies for Mr. Adams, Count Sclopis, Mr. Stämpfli, and myself. The copies for Sir Alexander Cockburn and Baron d’Itajubá were not exchanged in my presence. On our side, the copies for Sir Alexander Cockburn, Mr. Adams, Count Sclopis, and Mr. Stämpfli were delivered in the Hotel de Ville. The copy for Lord Tenterden was taken by his lordship from my room, and the copy for Baron d’Itajubá was, by his express desire, retained in Paris, to be delivered after exchange here.
After the adjournment I received from Paris your telegram relating to claims filed in the Department since March 22, and addressed a note to the Arbitrators and British Agent, of which a copy is inclosed.
From these various enclosures you will be able to learn exactly what has officially taken place here to-day.
I have, &c.,
Mr. Davis to the Arbitrators .
The undersigned, Agent of the United States, appointed to attend the Tribunal of Arbitration convened at Geneva, under the provisions of a Treaty concluded at Washington May 3871, between the United States and Her Britannic Majesty, has the honor in compliance with the provisions of Article IV of the Treaty, to deliver herewith, in duplicate, the Counter Case of the United States and additional Documents, Correspondence, and Evidence, in reply to the Case, Documents, Correspondence, and Evidence presented to the Tribunal of Arbitration by the Government of Her Britannic Majesty.
[List of inclosures.]
- 1.
- Counter Case of the United States and additional Documents, Correspondence, and Evidence.
- 2.
- Documents, Correspondence, and evidence in reply to the Case.
- 3.
- Documents and Evidence entitled “Revised List of Claims filed with the Department of State, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the ‘Alabama Claims’”
- 4.
- Documents and Evidence entitled “the Cuban Correspondence, 1866–’71.”
- 5.
- Copies of drawings of the Alabama, captured at Richmond by the forces of the United States.
Mr. Davis to Mr. Favrot .
Sir: Inclosed I transmit to you sealed letters for each of the Arbitrators appointed under the first Article of the Treaty of Washington, and the British Agent. A copy is inclosed.
I will thank you to forward the letters and accompanying documents, addressed to Count Sclopis, Mr. Stämpfli, Mr. Adams, Sir Alexander Cockburn, and Lord Tenterden, respectively.
I have been requested by the Baron d’Itajubá, to take charge of his letter, and I will see that it is duly delivered to him with the documents to which it refers.
I am, &c.,
Mr. Favrot to Mr. Davis .
April 15, 1872.
Sir: I have to acknowledge the receipt of your letter of this date, inclosing letter for each of the Arbitrators appointed under the first Article of the Treaty of Washington, and for the British Agent.
I will forward the letters and the accompanying documents to Count Sclopis, Mr. Stämpfli, Mr. Adams, Sir Alexander Cockburn, and Lord Tenterden, respectively.
I hand you herewith the letter for Baron d’Itajubá, and I take note that you will see that it is delivered to him with the documents to which it refers.
I am, &c.,
Lord Tenterden to Mr. Davis .
The undersigned, Agent of Her Britannic Majesty, appointed to attend the Tribunal of Arbitration, convened at Geneva under the provisions of the Treaty concluded at Washington May 8, 1871, between Her Britannic Majesty and the United States, has the honor, in accordance with the fourth Article of the Treaty and the Protocol agreed upon at the meeting held on the 15th of December, to deliver herewith in duplicate to the Hon. J. C. Bancroft Davis, the Agent of the United States, the printed Counter Case of the Government of Her Britannic Majesty, accompanied by additional [Page 420] documents, official correspondence, and evidence in reply to the Case, Documents, Correspondence, and Evidence presented by Mr. Davis on the part of the United States to the Tribunal at that meeting.
The undersigned, &c.,
Lord Tenterden to Mr. Davis .
Sir: I have the honor to transmit to you a copy of a note, which, by direction Of Her Britannic Majesty’s Government, I have addressed to each of the Arbitrators appoinr under the first Article of the Treaty of Washington, and which will be delivered ton them together with the Counter Case which I have presented.
I have, &c.,
Lord Tenterden to the Arbitrators .
The undersigned, Agent of Her Britannic Majesty, is instructed by Her Majesty’s Government to state to Count Sclopis, Baron d’Itajuba, M. Stämpfli, Sir A. Cockburn, Mr. C. F. Adams, that, while presenting their Counter Case, under the special reservation hereinafter mentioned, in reply to the Case which has been presented on the part of the United States, they find it incumbent on them to inform the Arbitrators that a misunderstanding has unfortunately arisen between Great Britain and the United States as to the nature and extent of the claims referred to the Tribunal by the first Article of the Treaty of Washington.
This misunderstanding relates to the claims for indirect losses put forward by the Government of the United States under the several heads of (1) “The logs in the transfer of the American commercial marine to the British flag.” (2) “The enhanced payments of insurance.” (3) “The prolongation of the war and the addition of a large sum to the cost of the war, and the suppression of the rebellion;” which claims for indirect losses are not admitted by Her Majesty’s Government to be within either the scope or the intention of the reference to Arbitration. Her Majesty’s Government have been for some time past, and still are, in correspondence with the Government of the United States upon this subject, and as this correspondence has not been brought to a final issue, Her Majesty’s Government being desirous (if possible) of proceeding with the reference as to the claims for direct losses, have thought it proper in the mean time to present to the Arbitrators their Counter Case, (which is strictly confined to the claims for direct losses,) in the hope that, before the time limited by the fifth Article of the Treaty, this unfortunate misunderstanding may be removed.
But Her Majesty’s Government desire to intimate, and do hereby expressly and formally intimate and notify to the Arbitrators that the Counter Case is presented without prejudice to the position assumed by Her Majesty’s Government in the correspondence to which reference has been made, and under the express reservation of all Her Majesty’s rights, in the event of a difference continuing to exist between the High Contracting Parties as to the scope and intention of the reference to Arbitration.
If circumstances should render it necessary for Her Majesty to cause any further communication to be addressed to the Arbitrators on the subject, Her Majesty will direct that communication to be made at or before the time limited by the fifth Article of the Treaty.
The undersigned, &c.,
Mr. Davis to Lord Tenterden .
My Lord: I have the honor to acknowledge the receipt of your note of this date, transmitting to me a copy of a note, which, by direction of Her Britannic Majesty’s Government, you have addressed to each of the Arbitrators appointed under the first Article of the Treaty of Washington, and which has been delivered to them together with the Counter Case which you have presented.
I have now the honor to transmit to you a copy of a letter to the Arbitrators, which has been made necessary by your lordship’s note to them, and have the honor to be,
Very respectfully, &c.,
Mr. Davis to the Arbitrators .
The undersigned, Agent ol the United States, has the honor to inform the Arbitrators appointed under the provisions of the Treaty concluded between the United States and Her Britannic Majesty on the 8th day of May, 1871, that he has received from Lord Tenterden, the Agent of Her Britannic Majesty, a copy of a note this day addressed by his lordship to each of the Arbitrators, in which it is averred that some of the claims put forth by the United States in their Case are not within the scope or intention of this reference.
The instructions to the undersigned from his Government not having contemplated the probability of such a course on the part of Her Majesty’s Government, the undersigned is compelled in reply to reserve to his Government its full right hereafter to vindicate before the Tribunal the authority which it understands the Tribunal acquired under the Treaty in this respect.
The undersigned, &c.,
Mr. Davis to Mr. Favrot .
Sir: I have to inclose a letter for each of the Arbitrators and for Lord Tenterden, which I will thank you to forward to them.
I am. &c.,
Mr. Favrot to Mr. Davis.
Sir: I have the honor to acknowledge the receipt of your note of this day inclosing a letter for each of the Arbitrators and for Lord Tenterden, which you request me to forward to them.
I shall have much pleasure in complying with your wishes, and avail myself of this opportunity to renew to you the assurances of the entire disinterestedness with which I remain, &c.,
Mr. Davis to Count Sclopis .
The undersigned, Agent of the United States, has the honor to transmit herewith to Count Sclopis the following copy of a telegram received from the Secretary of State of the United States this day, and to ask to have it considered as a further appendix to the Counter Case of United States:
“Since March 22, additional claims for capture and destruction and damage by interruption of voyage have been filed to the amount of five hundred and five thousand eight hundred and forty-nine dollars forty-six cents, and claims for increased insurance premiums to the amount of three hundred and thirty-four thousand nine hundred and thirty-three dollars ninety-eight cents.
“FISH.”
The undersigned has the honor to renew to Count Sclopis the assurance of his distinguished consideration.