No. 114.
Mr. Fish to General Schenck.
Washington, June 22, 1872.
Send following by telegraph, and also by mail, without delay, to Davis, Geneva:
[Mr. Fish to Mr. Davis.]
Your telegram of 19th informs me that the Tribunal has made a declaration stating that the Arbitrators have arrived at the conclusion that a class of the claims set forth in the Case presented in behalf of the United States do not constitute, upon the principles of international law applicable to such cases, a good foundation for an award of compensation or computation of damages between nations, and should, upon such principles, be wholly excluded from the consideration of the Tribunal in making up its award.
You also inform me that the Counsel of this Government before the Tribunal at Geneva have advised in writing that they are of opinion that the announcement thus [Page 579] made by the Tribunal must be received by the United States as determinative of its judgment upon the question of public law involved, upon which the United States have insisted upon taking the opinion of the Tribunal; that the Counsel advise, therefore, that this judgment be submitted to as precluding the propriety of further insisting upon the claims covered by the declaration of the Tribunal; and that the United States, with a view of maintaining the due course of arbitration on the other claims, without adjournment, should announce its opinion that the claims referred to by the Tribunal will not be further insisted upon by the United States, and may be excluded from its consideration by the Tribunal in making its award.
I have laid your telegrams before the President, who directs me to say that he accepts the declaration of the Tribunal as its judgment upon a question of public law, which he had felt that the interests of both Governments required should be decided, and for the determination of which he had felt it important to present the claims referred to for the purpose of taking the opinion of the Tribunal.
This is the attainment of an end which this Government had in view in the putting forth of those claims. We had no desire for a pecuniary award, but desired an expression by the Tribunal as to the liability of a neutral for claims of that character. The President, therefore, further accepts the opinion and advice of the Counsel as set forth above, and authorizes the announcement to the Tribunal that he accepts their declaration as determinative of their judgment upon the important question of public law upon which he had felt it his duty to seek the expression of their opinion; and that in accordance with such judgment and opinion, from henceforth he regards the claims set forth in the Case presented on the part of the United States for loss in the transfer of the American commercial marine to the British flag, the enhanced payment of insurance, and the prolongation of the war, and the addition of a large sum to the cost of the war, and the suppression of the rebellion, as adjudicated and disposed of; and that, consequently, they will not be further insisted upon before the Tribunal by the United States, but are henceforth excluded from its consideration by the Tribunal in making its award.