Reverdy Johnson to William H. Seward, November 10, 1868

Mr. Johnson to Mr. Seward

Sir: I have the gratification to inform you of the particulars of the joint convention, signed by Lord Stanley and myself on this day, for the settlement of all the claims that the citizens of either country may have against this government and the government of the United States; what are known as the Alabama claims are of course embraced by it.

The first article provides for the appointment of four commissioners, two by each government. The board to meet in London at the earliest period subsequent to their appointment, and before considering any claims to agree upon an umpire.

In the event of their not being able to come to a decision upon any claim, the questions are to be submitted to the umpire.

In relation to all claims other than the Alabama claims, decisions may be made by a majority of the commissioners.

This provision is contained in the second article. It also stipulates that each government is to appoint one person to represent it before the board as agent, and points out in general terms his duties.

By the third article all claims are to be presented within six months from the day of their first meeting; but authority is given them to extend the time for their presentation three months longer. And the whole is to be closed within two years from the first-named day.

Articles four, five, and six apply only to the Alabama claims. By the fourth, before the commissioners are to consider such claims, the two governments are to agree 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 a unanimous decision upon the same.”

By the fifth, if the arbitrator appointed under the authority of the fourth shall decide in favor of any or all of these claims, they are to be referred back to the commissioners to ascertain the amount due upon each. This may be decided by a majority; and if there be not amajority, the decision is to be made by the umpire appointed by the commissioners under the authority given them by the first article.

By the sixth article the correspondence and evidence in regard to these claims, now in the possession of either government, are, without further argument or evidence, to be alone considered by the commissioners or the arbitrator, unless they, unanimously, or he, shall call for further argument or evidence.

By the seventh the decision by the commissioners or the arbitrator, as the case may be, is made conclusive upon both governments.

Under the eighth article no claims are to be received which may have arisen prior to the 26th of July, 1853, the date of the exchange of the ratifications of the convention of 8th February, 1853, these having all been adjusted by the commissioners under that treaty.

Under the ninth article the awards are to be paid in coin, or its equivalent, without interest, within twelve months after the date of each award.

The tenth article makes the decisions arrived at under the convention conclusive upon all claims presented; and all claims which might be presented, but are not, are also to be barred.

The eleventh article contains some details, and gives the authority to appoint the secretary of the board to the principal secretary of state for foreign affairs and United States minister in London.

The salaries of the commissioners are to be fixed and paid by each government appointing them.

The remaining article provides that the ratifications of the convention are to be exchanged at London as soon as may be within twelve months from its date.

It is proper that I should give, as briefly as may be necessary, my reasons for assenting to the convention, or rather to some of its provisions: 1st. You have heretofore refused to enter into an agreement to arbitrate the Alabama claims unless this government would agree that the question of its right to acknowledge as belligerents the late so-called southern confederacy be also included within the arbitration. You will see by the terms of the first and the fourth articles that that question, as well as every other which the United States may think is involved in such claims, is to be before the commissioners, or the arbitrator. This is done by the use of general terms and the omission of any specification of the questions to be decided. And my authority for agreeing to this is found in your original instructions of the 20th of July last, and is indeed to be found in the correspondence between yourself and my predecessor regarding these claims.

2d. Upon reflection, I thought it better for our claimants, particularly the Alabama claimants, that the commission should sit in London instead of Washington, because nearly all if not all the evidence upon which they rest is to be found here or in Liverpool, and my instructions were silent as to the place of meeting.

3d. The provision that the awards are to be paid in coin, or its equivalent, I deemed to be due to good faith. As those which may be made in favor of our citizens against this government will be paid in coin, I thought it obviously just that those which may be made in favor of British subjects should be discharged in the same way.

Hoping and not doubting that the convention will meet with the approval of the President and yourself, and receive the sanction of the Senate. I remain, with high regard, your obedient servant,