Mr. Fish to General Schenck.
Washington, February 22, 1871.
Sir: Your high character and experience in public affairs, and the familiarity which your long service under the Federal Government has given you of the questions to be discussed and treated by the joint commission, of which you have been appointed a member, seem to render unnecessary any instructions upon the questions that will come under the consideration of that body.
Another consideration, more personal to the undersigned, forbids an attempt on his part to give instructions to his associates on the commission.
You will receive herewith a confidential memorandum or brief, embodying a reference to correspondence of this Department, and to the history of several of the questions which may be discussed by the commission, viz:
- I.
- The fisheries.
- II.
- The navigation of the Saint Lawrence.
- III.
- Reciprocal trade between the United States and the Dominion of Canada.
- IV.
- Northwest water-boundary and the island of San Juan.
- V.
- The claims of the United States against Great Britain on account of acts committed by rebel cruisers.
- VI.
- Claims of British subjects against the United States for losses and injuries arising out of acts committed during the recent civil war in the United States.
It is hoped that this memorandum, which has been prepared in this Department, may aid you by its references in the consideration of the several questions on which it treats.
The President commits the discussion and treatment of the several questions to the joint discretion of yourself and your associates.
The sittings of the commission being in this city, you will have the opportunity, of which he expects you to avail yourself, of consulting with him from time to time, and upon any points in which you may have serious doubts, and you can also cautiously and confidentially ascertain the views and opinions of Senators, to whom, in case your negotiations shall result in a treaty or convention, that result must be submitted for their constitutional advice and consent.
One point not referred to in the accompanying memorandum will, probably be brought to the consideration of the Joint Commission, viz: Some agreement between the two Governments defining their respective rights and duties as neutrals in case the other Government be engaged in war with a third power.
It is enough that the subject be indicated and your attention to it asked as one of the important questions that may engage the considerations of the commission.
[Page 276]The President hopes that whatever principles may be established or recognized in connection with this subject shall be considered equally applicable to the period covered by the late civil war in this country and the future.
I have the honor to be, sir, your obedient servant,
Hon. Robert C. Schenck.
(The same to each member of the commission.)
Inclosure.
Confidential memorandum for the use of the Commissioners on the part of the United States in the American-British Joint High Commission, Washington, 1871:
- I.
- Correspondence between Mr. Fish and Sir Edward Thornton preliminary to the negotiation. (For this correspondence see ante, page 263 et seq.)
- II.
- The fisheries, post, page 277.
- III.
- Navigation of the Saint Lawrence, post, page 289.
- IV.
- Reciprocal trade between the United States and the Dominion of Canada, post, page 292.
- V.
- Northwest water-boundary and the island of San Juan, post, page 306.
- VI.
- The claims of the United States against Great Britain on account of acts committed by rebel cruisers, post, page 319.
- VII.
- Claims of British subjects against the United States for losses and injuries arising out of acts committed during the recent civil war in the United States, post, page 362.
