Reverdy Johnson to William H. Seward, January 15, 1869

Mr. Johnson to Mr. Seward

Sir: My cable dispatches of yesterday and to-day have advised you that Lord Clarendon and myself have signed a convention for the settlement by arbitration of the northwest boundary controversy, and another for the adjustment by commission and arbitration of the claims controversy, especially including the class known as the Alabama claims. They were both signed at the foreign office yesterday, the 14th instant, between two and three o’clock p. m. I forward them with this dispatch.

The first differs only from the protocol on the same subject, of the 17th of October last, and the supplement of the 10th of November, in the insertion of such provisions as became necessary by their conversion into a convention.

This conversion was done by me under the authority of your cable dispatches of the 20th of December and 11th of January last. The provisions referred to are such as have been incorporated in all previous conventions of the same kind. The only alteration that I insisted upon in the draught to which your dispatch of the 11th of January refers, was to strike out the word “either” in the 6th article, so as to prevent the arbitrator from considering the question submitted to him in the presence of the agent of one of the governments whilst the agent of the other was absent. The reason for this change you will readily appreciate. But for it the arbitrator might act upon statements or arguments presented by one of the agents, not only without an opportunity being offered to the other to reply, but without his knowing what they were. When I explained to Lord Clarendon that this might be its operation, he readily assented to my suggestion; and the change, as you will see, was made.

In regard to the claims convention, all that is necessary for me to state is that it accords exactly with the instructions contained in your cable dispatch of the 11th of January. That my reading of that dispatch was correct I was confirmed in by a dispatch from Mr. Thornton, of the same date, which his lordship was kind enough to let me see.

As this convention does not at all differ from the convention of the 8th of February, 1853, except that it particularly mentions the Alabama class of claims as included within its provisions, I take for granted that it will meet the approval of the President and the Senate.

The operation of the convention of the 8th of February, 1853, was a just and satisfactory adjustment of all the then existing claims which the citizens of either government had upon the other. As far as an opinion can be formed on such a subject, in advance, I have no doubt that the Alabama claims will be realized under this convention.

This government have yielded, in regard to these claims, two grounds heretofore positively assumed by them. First, during the period that Lord Russell was in the foreign office, that they would not refer to arbitration at all our demand in regard to them; and second, during the administration of that office by Lord Stanley, that they would not so refer the question of the right of this government to have recognized the late confederates as belligerents Both questions, by the conventions just signed, will be before the commissioners, and, on their failure to agree, before the arbitrator.

I have reason to believe that the abandonment of the grounds originally taken, to which I have referred, has been owing, in a great measure, to the growing friendly feeling for the United States, which has been so strongly exhibited since my arrival in this country. Anticipating that that would be its effect, I determined to lose no time in cultivating such a feeling, whilst never forgetting scrupulously to regard the rights and honor of our country. This has been my sole motive in the speeches which I have delivered since reaching England.

The existence of such a feeling I also deemed essential to the interest of both countries.

It is proper that I should add, in conclusion, that both Lord Stanley and Lord Clarendon yielded a very ready and cheerful assent to our proposition to submit all the questions involved in the Alabama claims, not even having expressed a desire during the negotiations to exclude any one of them; and in this I am satisfied (as they must be) that they but conformed to the public sentiment of the nation, and to their own wishes.

I have the honor to remain, with high regard, your obedient servant,