Convention between Great Britain and the United States of America for the settlement of all outstanding claims. Signed at London, November 10, 1868. [The amendments by the government of the United States to this protocol are indicated as follows: The words added are in italics. Those stricken out are placed between brackets.] Whereas claims have at various times since the exchange of the ratifications of the convention between Great Britain and the United States of America, signed at London on the 8th of February, 1853, been made upon the government of her Britannic Majesty on the part of citizens of the United States, and upon the government of the United States on the part of subjects of her Britannic Majesty; and whereas some of such claims are still pending, and remain unsettled; her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the United States of America, being of opinion that a speedy and equitable settlement of all such claims will contribute much to the maintenance of the friendly feelings which subsists between the two countries, have resolved to make arrangements for that purpose by means of a convention, and have named as their plenipotentiaries to confer and agree thereupon, that is to say: her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the right honorable Edward Henry Stanley, commonly called Lord Stanley, a member of her Britannic Majesty's most honorable privy council, a member of Parliament, her principal secretary of state for foreign affairs; and the President of the United States of America, Reverdy Johnson, esquire, envoy extraordinary and minister plenipotentiary from the United States to her Britannic Majesty; who, after having communicated to each other their respective full powers, found in good and due form, have agreed as follows: ARTICLE I. The high contracting parties agree that all claims on the part of subjects of her Britannic Majesty upon the government of the United States, and all claims on the part of citizens of the United States upon the government of her Britannic Majesty, which may have been presented to either government for its interposition with the other since the 26th of July, 1853, the day of the exchange of the ratifications of the convention concluded between Great Britain and the United States of America, at London, on the 8th of February, 1853, and which yet remain unsettled; as well as any other such claims which may be presented within the time specified in article III of this convention, whether or not arising out of the late civil war in the United States, shall be referred to four commissioners, to be appointed in the following manner, that is to say: two commissioners shall be named by her Britannic Majesty, and two by the President, by and with the advice and consent of the Senate, of the United States. In case of the death, absence, or incapacity of any commissioner, or in the event of any commissioner omitting or ceasing to act as such, her Britannic Majesty, or the President of the United States, as the case may be, shall forthwith name another person to act as commissioner in the place or stead of the commissioner originally named. The commissioners so named shall meet at [London] Washington at the earliest convenient period after they shall have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, without fear, favor, or affection to their own country, upon all such claims as shall be laid before them on the part of the governments of her Britannic Majesty and of the United States, respectively; and such declaration shall be entered on the record of their proceedings. The commissioners shall then, and before proceeding to any other business, name some person to act as an arbitrator or umpire, to whose final decision [save as otherwise provided in article IV of this convention] shall be referred any claim upon which they may not be able to come to a decision. If they should not be able to agree upon an arbitrator or umpire, the commissioners on either side shall name a person as arbitrator or umpire; and in each and every case in which the commissioners may not be able to come to a decision, the commissioners shall determine by lot which of the two persons so named shall be the arbitrator or umpire in that particular case. The person or persons so to be chosen as arbitrator or umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration, in a form similar to that made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such arbitrator or umpire, another person shall be named, in the same manner as the person originally named, to act as arbitrator or umpire in his place and stead, and shall make and subscribe such declaration as aforesaid. ARTICLE II. The commissioners shall then forthwith proceed to the investigation of the claims which shall be presented to their notice. They shall investigate and decide upon such claims in such order and in such manner as they may think proper, but upon such evidence or information only as shall be furnished by or on behalf of their respective governments. They shall be bound to receive and peruse all written documents or statements which may be presented to them by or on behalf of their respective governments, in support of or in answer to any claim, and to hear, if required, one person on each side on behalf of each government, as counsel or agent for such government, on each and every separate claim. Should they fail to decide by a majority upon any individual claim, they shall call to their assistance the arbitrator or umpire whom they may have agreed upon, or who may be determined by lot, as the case may be; and such arbitrator or umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the commissioners, shall decide thereupon finally and without appeal. The decision of the commissioners, and of the arbitrator or umpire, shall be given upon cach claim in writing, and shall be signed by them respectively, and dated. It shall be competent for each government to name one person to attend the commissioners as agent on its behalf, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof. [The provisions of this article shall, however, be subject to the special arrangements made by articles IV, V, and VI of this convention, respecting the claims which form the subject of those articles, and which shall be dealt with as directed in those articles.]' ARTICLE III. Every claim shall be presented to the commissioners within six months from the day of their first meeting, unless in any case where reasons for delay shall be established to the satisfaction of the commissioners, or of the arbitrator or umpire in the event of the commissioners differing in opinion thereupon; and then and in any such case the period for presenting the claim may be extended to any time not exceeding three months longer. The commissioners shall be bound to examine and decide upon every claim within two years from the day of their first meeting. It shall be competent for the commissioners, or for the arbitrator or umpire if they differ, to decide in each case whether any claim has or has not been duly made, preferred, or laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this convention. ARTICLE IV. The commissioners shall have power to adjudicate upon the class of claims referred to in the official correspondence between the two governments as the "Alabama" claims; [but before any of such claims is taken into consideration by them, the two high contracting parties shall fix upon some sovereign or head of a friendly state as an arbitrator in respect of such claims, to whom such class of claims shall be referred in case the commissioners shall be unable to come to an unanimous decision upon the same] NOTE.-Omit the part in brackets, or, if preferred, cancel the whole of article IV. ARTICLE V. In the event of a decision on any of the claims mentioned in the next preceding article being arrived at by the arbitrator, involving a question of compensation to be paid, the amount of such compensation shall be referred back to the commissioners for adjudication; and in the event of their not being able to come to a decision, it shall then be decided by the arbitrator appointed by them, or who shall have been determined by lot according to the provision of article I. NOTE.-If article IV is amended and retained as proposed, article V may stand without amendment. If article IV is canceled entirely, then amend article V, line one by striking out the words "mentioned in the next preceding article." ARTICLE VI. With regard to the before-mentioned "Alabama" class of claims, neither government shall make out a case in support of its position, nor shall any person be heard for or against any such claim. The official correspondence which has already taken place between the two governments respecting the questions at issue shall alone be laid before the commissioners, and (in the event of their not coming to an unanimous decision as provided in article IV) then before the arbitrator, without argument written or verbal, and without the production of any further evidence. The commissioners unanimously, or the arbitrator, shall, however, be at liberty to call for argument or further evidence, if they or he shall deem it necessary. NOTE.-Either cancel the whole of article VI, or substitute the following: "In case of every claim, the official correspondence which has taken place between the two governments respecting the questions at issue shall be laid before the commissioners, and, in the event of their not coming to a decision thereupon, then before the arbitrator. Either government may also submit further evidence and further argument thereupon, written or verbal." ARTICLE VII. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the President of the United States, hereby solemnly and sincerely engage to consider the decision of the commissioners, or of the arbitrator or umpire, as the case may be, as absolutely final and conclusive upon each of such claims decided upon by them or him respectively, and to give full effect to such decisions without any objection or delay whatsoever. ARTICLE VIII. It is agreed that no claim arising out of any transaction of a date prior to the 26th of July, 1853, the day of the exchange of the ratifications of the convention of the 8th of February, 1853, shall be admissible under this convention. ARTICLE IX. All sums of money which may be awarded by the commissioners, or by the arbitrator or umpire, on account of any claim, shall be paid in coin or its equivalent by the one government to the other, as the case may be, within [twelve] eighteen months after the date of the decision, without interest. ARTICLE X. The high contracting parties engage to consider the result of the proceedings of this commission as a full and final settlement of every claim upon either government arising out of any transaction of a date prior to the exchange of the ratifications of the present convention; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said commission, be considered and treated as finally settled and barred. ARTICLE XI. The commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ clerks or other persons to assist them in the transaction of the business which may come before them. The secretary shall be appointed by the [principal secretary of state for foreign affairs of her Britannic Majesty, and by the representative of the United States in London, jointly] representative of her Britannic Majesty at Washington and the Secretary of State of the United States, jointly. Each government shall pay the salaries of its own commissioners. All other expenses, and the contingent expenses of the commission, including the salary of the secretary, shall be defrayed in moieties by the two parties. ARTICLE XII. The present convention shall be ratified by her Britannic Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof; and the ratifications shall be exchanged at London as soon as may be within twelve months from the date hereof. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals. Done at London, the 10th day of November, in the year of our Lord 1868. No. 65.] Mr. Johnson to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your telegraphic dispatch of the 26th instant. The San Juan protocol will of course be left as it is. Why you are of the opinion that the claims convention is "useless unless amended" you do not state, and I am unable to conjecture. I have just had an interview at the foreign office with Lord Stanley, who read me a dispatch from her Majesty's minister at Washington, which stated that it was understood that all the cabinet disapprove of it, and had said that it was contrary to instructions. This latter statement puzzles me yet more. If I understand your original, and all the subsequent instructions, whether by telegraph or otherwise, the convention conforms substantially with them. By those of the 20th of July I considered myself authorized, if this government would adjust, as desired, the naturalization and San Juan controversies, to settle the claims controversy by a convention on the model of that of February 8, 1853. And as the two former were satisfactorily arranged, I deemed myself not only authorized but bound to adopt the course that I did in relation to the latter. The convention is in substance the same with the one of 1853. The only difference is in the articles relating to the Alabama claims, in which it is provided that the head of some foreign government is to be the arbitrator to decide them in the event that the commissioners prove unable to come to a unanimous decision; and that he is to be selected by the two governments previous to their consideration by the commissioners. In all other respects the two conventions are nearly identical. By your dispatch No. 20, of the 23d of September, I was expressly authorized, as I understood, to agree to such a convention whenever I should become satisfied that the naturalization and San Juan questions were or would be satisfactorily arranged. It is true that in this dispatch the arrangement was not to be obligatory until those of the two former were finally settled. The same condition was annexed to my powers as to the San Juan matter, and I made the protocol in regard to that dependent upon the final and satisfactory settlement of the naturalization question. This provision is not inserted in the claims convention, not because her Majesty's government had or would object to it, but because the Senate might properly decline to ratify it until that was done, and in this effect your object. And such must have been the view of Lord Stanley, as I made him acquainted with this limitation of my authority. If, however, the signing of the convention without this limitation is esteemed a disregard of instructions, it is but literally so, and cannot, in any way that I can conceive, render the convention "useless" should it be ratified. By your telegraphic dispatch of the 11th of November I was told, in so many words, that if I could get Washington substituted for London, as the place of meeting of the commission, "all will be right." And, as you have been advised, I did obtain this substitution. That the naturalization question will be settled according to the views of our government is certain, whether this government remains in office or not. I know this not only from the public sentiment of the country, but from personal intercourse with some of the leading statesmen who, it is understood, will constitute a part of the government should there be a change. Awaiting the receipt of the dispatches to which your telegram of the 26th refers, I remain, with high regard, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. REVERDY JOHNSON. No. 70.] Mr. Johnson to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: Some time since I received the inclosed letter from Mr. Augustine E. Costello, who is now undergoing imprisonment at the convict estab lishment at Chatham, for treason-felony. I replied to it on the 4th of November, and stated that I should not fail to send it to Washington as requested. At present I do not offer any remarks upon this and similar cases, but as official copies of the trials of Messrs. Warren, Halpin, Costello, and McCafferty have recently reached me, I trust soon to be able to send you brief but faithful summaries of these, with some observations upon each case. I have the honor to remain, with high regard, your obedient servant, REVERDY JOHNSON. Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. Mr. Costello to Mr. Johnson. CONVICT ESTABLISHMENT, CHATHAM. Convicts are permitted to write one letter on reception, and also at intervals of three, four, or six months, according to the class they may be in. They may also receive one letter (prepaid) at the above-named periods. Matters of private importance to a convict may be coinmunicated at any time by letter (prepaid) to the governor, who will inform the convict thereof if expedient. In case of misconduct, the privilege of receiving or writing a letter may be forfeited for a time. All letters of an improper or idle tendency, either to or from convicts, or containing slang or other objectionable expressions, will be suppressed. The permission to write and receive letters is given to the convicts for the purpose of enabling them to keep up a connection with their respectable friends, and not that they may hear the news of the day. All letters are read by the governor or chaplain, and must be legibly written on the ruled lines, and not crossed. Neither clothes nor any other articles are allowed to be received at the prison for the use of convicts. Persons attempting to introduce any article to or for a convict are liable to fine or imprisonment, and the convict concerned is liable to be severely punished. Convicts are not allowed to have money, books, or postage-stamps sent to them while in prison. A visit of 20 minutes' duration allowed every three, four, or six months, according to class, between the hours of 10 a. m. and 4 p. m.; not on Sundays. CHATHAM PUBLIC WORKS PRISON. N. B.-The convict's writing to be confined to the ruled lines of these two pages. In writing to the convict direct to No. 9824, Augustin Costello. OCTOBER 10, 1868. SIR: I presume I may be allowed to make a few inquiries which I deem important for me to know. Being cramped in paper I must, necessarily, be brief, therefore I hope my few pointed remarks will not appear harsh or rude. Thus divested of all rhetorical flourishes, I would, first, respectfully inquire if you, sir, have received any instructions in my case; and if so, what those instructions are? Secondly, I would ask if (what a strange if!) I am an American citizen; if so, it is a sublime privilege. Thirdly, if the United States government has taken any action in my case, and what the likelihoods are of an eventual release, and when? I will not tie you to a month or two; I only wish to know the "thereabouts;" I am a long time waiting, and am only apprehensive |
