No. 6.
Mr. Davis to Mr. Fish.
Geneva, April 15, 1872.
(Received April 30.)
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.,
[Page 419]
Mr. Davis to
the Arbitrators.
[Inclosure No. 1.]
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.
J. C. BANCROFT DAVIS.
Geneva, April 15,
1872.
[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.
[Inclosure No. 2.]
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.
[Inclosure No. 3.]
Hotel
be Ville, Geneva,
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.
[Inclosure No. 4.]
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.
[Inclosure No. 5.]
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.
[Inclosure No. 6.]
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.
[Inclosure No. 7.]
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.,
[Page 421]
Mr. Davis to
the Arbitrators.
[Inclosure No. 8.]
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.
[Inclosure No. 9.]
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.
[Inclosure No. 10.]
Hotel de Ville,
Geneva, April 15, 1872.
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.
[Inclosure No. 11.]
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.
