No. 61.
Mr. Fish to General Schenck.
Washington, May 26, 1872. (Sent at 2.30 a.m.)
The President having requested an expression by the Senate of their disposition in regard to advising and consenting to the formal adoption of the Article proposed by the British Government, as communicated in your telegram of May 10, that body has amended the proposed Article, and agrees to advise and consent to its adoption in the following terms:
Down to and including the words Great Britain, the same as in the Article proposed; then the following:
And whereas the Government of the United States has contended that the said claims were included in the Treaty; and
[Page 526]Whereas both Governments adopt for the future the principle that claims for remote or indirect losses should not be admitted as the result of failure to observe neutral obligations, so far as to declare that it will hereafter guide the conduct of both Governments in their relations with each other: Now, therefore,
In consideration thereof, the President of the United States, by and with the advice and consent of the Senate thereof, consents that he will make no claim on the part of the United States, in respect of indirect losses as aforesaid, before the Tribunal of Arbitration at Geneva.
You will, without delay, inform Lord Granville that, in pursuance of this action of the Senate, the President will negotiate a new Article in the terms and to the effect of the foregoing. You will also say to him that the two Houses of Congress have passed a concurrent resolution to adjourn sine die on the 29th instant, and that a treaty embodying the Article must be presented to the Senate and receive its approval. It is important, therefore, that authority be speedily given to Her Majesty’s Minister here to sign the convention, if the British Government concludes to enter into the agreement.
A copy of the Article1 has been furnished to Sir Edward Thornton.
↩The differences between the Article suggested by Great Britain, submitted to the Senate May 13, and the article adopted by the Senate May 25, are shown in parallel columns below. The left-hand column gives the text proposed by Great Britain; the right-hand column shows the alterations made by the Senate: Whereas the Government of Her Britannic Majesty has contended in the recent correspondence with the Government of the United States as follows, namely: That such indirect claims as those for the national losses stated in the Case presented, on the part of the Government of the United States, to the Tribunal of Arbitration at Geneva, to have been sustained by the loss in the transfer of the American commercial marine to the British flag; the enhanced payments of insurance; the prolongation of the war, and the addition of a large sum to the cost of the war and the suppression of the rebellion—Firstly, were not included in the Treaty of Washington, and further, and secondly, should not be admitted in principle as growing out of the acts committed by particular vessels, alleged to have been enabled to commit depredations upon the shipping of a belligerent, by reason of such want of due diligence in the performance of the neutral obligations as that which is imputed by the United States to Great Britain; and Whereas the Government of Her Britannic Majesty has also declared that the principle involved in the second of the contentions, hereinbefore set forth, will guide their conduct in future; and
Whereas the President of the United States, whilst adhering to his contention that the said claims were included in the Treaty, adopts for the future the principle contained in the second of the said contentions, so far as to declare that it will hereafter guide the conduct of the Government of the United States, and the two countries are therefore agreed in this respect.
} Whereas the Government of the United States has contended that the said claims were included in the Treaty; and
Whereas both Governments adopt for the future the principle that claims for remote or indirect losses should not be admitted as the result of failure to observe neutral obligations, so far as to declare that it will hereafter guide the conduct of both Governments in their relations with each other: Now, therefore,
In consideration thereof, the President of the United States, by and with the advice and consent of the Senate thereof, consents that he will make no claim on the part of the United States, in respect of indirect losses as aforesaid, before the Tribunal of Arbitration at Geneva.