from those of the other vessels, it would secure the opposition of the holders of other claims to the assent of the Senate to any treaty that might be negotiated; and that, therefore, he preferred to make the general statement that important concessions must be made. Sir John Rose suggested that, if it should be determined that such concessions should be made, they could be made in the protocols as the results of the deliberations; to which Mr. Fish assented.

"Mr. Fish showed Sir John Rose, in confidence, the Mem. of Mr. Sumner, which he read and returned. Mr. Fish then said that it had been decided by this government that the best interests of both countries demanded that, should Great Britain send Commissioners out on the basis indicated, they should be received by this government in the spirit in which they were sent, and no effort spared to secure a favorable result, even if it involved a conflict with the Chairman of the Committee on Foreign Relations in the Senate.

"Sir John Rose then said that he should at once communicate by cable the result of the interview, and, as it was desira ble that there should be no misunderstanding of the scope of Mr. Fish's observations, he wished to submit his dispatch to Mr. Fish before sending it. Mr. Fish said that he should be at Cabinet after twelve-then Sir John Rose could judge for himself whether to lay before Mr. Fish what he had to say.

"Sir John Rose asked permission to take with him Mr. Fish's memorandum. Mr. Fish gave his assent, it being understood that it was a crude paper, and did not represent Mr. Fish's views except so far as it agrees with the purport of this conversation.

"Sir John Rose asked if this government had any suggestions to make as to the number of Commissioners on each sidewhether it was desirable to have the same number from each government-that the British Government would probably wish to name Sir Edward Thornton, and that it might also be expedient to have Canada represented. Mr. Fish said that it was immaterial, as each government would have but one vote, and that this government also might find it convenient to have a large number of Commissioners.

“Mr. Fish again dwelt on the importance of an early organization of a Commission, if there was to be one-to which Sir John Rose gave assent."

Communication to

Lord Granville.

The purport of this interview, comprehending the substance of what Mr. Fish read from his memorandum, as well as of what he stated orally, was immediately communicated to Earl Granville, Her Majesty's principal secretary of state for foreign affairs, in a telegram signed by Sir Edward Thornton, of which Sir John Rose subsequently gave Mr. Fish a copy. In this telegram

it was stated that if Her Majesty's Government would propose a high commission to treat on the subject of the fisheries and on the other questions affecting the relations of the United States to the British possessions in North America the United States would formally assent, on condition that the matters in controversy commonly known as the Alabama claims should be treated of by the commission and put in the way of final and amicable settlement, the mode of settling all other claims to be simultaneously, but separately, considered by the commission; that while the United States cordially acquiesced in this plan, they desired to say that no conclusion reached by the commission would give public satisfaction, unless it involved important concessions as to the liability of England for the depredations of the Confederate cruisers generally, embracing both individual losses and the cost of capturing such cruisers, and that they would expect the British commissioners to be confidentially instructed in this sense, and that the United States also hoped that in the protocols some expression of regret, not inconsistent with the dignity of England, nor involving an admission of national wrongdoing, might be made.

Lord Granville's
Response.

He

Earl Granville willingly assented to these terms, excepting those that related to liability for the acts of the Confederate cruisers. was prepared to express regret for the fact of the escape and depredations of the Alabama, and he was ready to negotiate as to the future obligations of maritime neutrality; but he insisted on the arbitration of the points of law involved in the Alabama question, and declared that Her Majesty's Government could not adopt any foregone conclusion as to the payment of money. Under the circumstances Mr. Fish, having frankly stated what the Government of the United States believed to be necessary to satisfy the country, but impressed with the advantages that would attend a friendly discussion by high commissioners at Washington, decided to postpone for the moment the question of liability, leaving it to Her Majesty's Government, in view of what had been said, to give such instructions on that subject as might seem proper, in the hope that the right feeling and judgment of the commis sioners, and the efforts of both governments, might lead to a successful result.

Accord as to Negotiation.

The accord thus reached was formally expressed in four diplomatic notes, which Mr. Fish has described as "the official particulars of twenty months' secret diplomacy." These notes were as follows:

(1) Sir Edward Thornton to Mr. Fish.

"WASHINGTON, January 26, 1871. "SIR: In compliance with an instruction which I have received from Earl Granville, I have the honor to state that Her Majesty's Government deem it of importance to the good relations which they are ever anxious should subsist and be strengthened between the United States and Great Britain, that a friendly and complete understanding should be come to between the two governments as to the extent of the rights which belong to the citizens of the United States and Her Majesty's subjects, respectively, with reference to the fisheries on the coasts of Her Majesty's possessions in North America, and as to any other questions between them which affect the relations of the United States toward those possessions.

"As the consideration of these matters would, however, involve investigations of a somewhat complicated nature, and as it is very desirable that they should be thoroughly examined, I am directed by Lord Granville to propose to the Government of the United States the appointment of a Joint High Commission, which shall be composed of members to be named by each government; shall hold its sessions at Washington, and shall treat of and discuss the mode of settling the different questions which have arisen out of the fisheries, as well as all those which affect the relations of the United States toward Her Majesty's possessions in North America.

"I am confident that this proposal will be met by your government in the same cordial spirit of friendship which has induced Her Majesty's Government to tender it, and I can not doubt that in that case the result will not fail to contribute to the maintenance of the good relations between the two countries, which I am convinced the Government of the United States, as well as that of Her Majesty, equally have at heart. "I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

“Hon. HAMILTON FISH, &c., dc.

66 EDWARD THORNTON.

1 Mr. Fish to Dr. Lieber, May 30, 1871.

(2) Mr. Fish to Sir Edward Thornton.

"DEPARTMENT OF STATE,

"Washington, January 30, 1871.

"SIR: I have the honor to acknowledge the receipt of your note of January 26, in which you inform me, in compliance with instructions from Earl Granville, that Her Majesty's Government deem it of importance to the good relations which they are ever anxious should subsist and be strengthened between the United States and Great Britain, that a friendly and complete understanding should be come to between the two governments as to the extent of the rights which belong to the citizens of the United States and Her Majesty's subjects, respectively, with reference to the fisheries on the coasts of Her Majesty's possessions in North America, and as to any other questions between them which affect the relations of the United States toward those possessions; and further, that as the consideration of these questions would involve investigations of a somewhat complicated nature, and as it is very desirable that they should be thoroughly examined, you are directed by Lord Granville to propose to the Government of the United States the appointment of a joint high commission, which shall be composed of members to be named by each government; shall hold its sessions at Washington; and shall treat of and discuss the mode of settling the different questions which have arisen out of the fisheries, as well as all those which affect the relations of the United States toward Her Majesty's possessions in North America.

"I have laid your note before the President, who instructs me to say that he shares with Her Majesty's Government the appreciation of the importance of a friendly and complete understanding between the two governments with reference to the subjects specially suggested for the consideration of the proposed joint high commission, and he fully recognizes the friendly spirit which has prompted the proposal.

"The President is, however, of the opinion that without the adjustment of a class of questions not alluded to in your note, the proposed high commission would fail to establish the permanent relations and the sincere, substantial, and lasting friendship between the two governments which, in common with Her Majesty's Government, he desires should prevail.

"He thinks that the removal of the differences which arose during the rebellion in the United States, and which have existed since then, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the Alabama claims, will also be essential to the restoration of cordial and amicable relations between the two governments. He directs me to say that, should Her Majesty's Government accept this view of the matter, and assent that this subject also may be treated of by the proposed high commission, and may thus be put in the way of a final and amicable

settlement, this Government will, with much pleasure, appoint high commissioners on the part of the United States to meet those who may be appointed on behalf of Her Majesty's Government, and will spare no efforts to secure, at the earliest practicable moment, a just and amicable arrangement of all the questions which now unfortunately stand in the way of an entire and abiding friendship between the two nations.

"I have the honor to be, with the highest consideration, sir, your obedient servant,

"HAMILTON FISH.

"Sir EDWARD THORNTON, K. C. B., &c., &c., &e.

(3) Sir Edward Thornton to Mr. Fish.

"WASHINGTON, February 1, 1871. "SIR: I have the honor to acknowledge the receipt of your note of the 30th ultimo, and to offer you my sincere and cordial thanks for the friendly and conciliatory spirit which pervades it.

"With reference to that part of it in which you state that the President thinks that the removal of the differences which arose during the rebellion in the United States, and which have existed since then, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the Alabama claims, will also be essential to the restoration of cordial and amicable relations between the two governments, I have the honor to inform you that I have submitted to Earl Granville the opinion thus expressed by the President of the United States, the friendliness of which, I beg you to believe, I fully appreciate.

"I am now authorized by his lordship to state that it would give Her Majesty's Government great satisfaction if the claims commonly known by the name of the Alabama claims were submitted to the consideration of the same high commission by which Her Majesty's Government have proposed that the questions relating to the British possessions in North America should be discussed, provided that all other claims, both of British subjects and citizens of the United States, arising out of acts committed during the recent civil war in this country, are similarly referred to the same commission. The expressions made use of in the name of the President in your above-mentioned note with regard to the Alabama claims convince me that the Government of the United States will consider it of importance that these causes of dispute between the two countries should also, and at the same time, be done away with, and that you will enable me to convey to my government the assent of the President to the addition which they thus propose to the duties of the high commission, and which can not fail to