Geneva arbitration

admission of liability on the Alabama claims, that "on consultation, I had concluded that it was not best to make that specific statement, but instead thereof, to say that it would be essential that some important concessions should be made as to that class of claims, and some expression of regret at what had been done." My language in the paper was: "It is necessary, and due to candor, to note that, unless Great Britain is willing to, and to express some kind words of regret for past occurrences, it would be better to take no steps."

Sir John gave me a copy of a telegram which he sent to Lord Granville, bearing date January 24, in which occurs the following sentence: "The Government hope, also, that in the course of the Protocols some expressions of regret not inconsistent with the dignity of England, nor involving admission of national wrong, may be made." We had now progressed so far as to render the appointment of the Joint Commission a strong probability, and I desired official assurance that the British Government would make the expression of regret, without which we should have proceeded no further. I was then furnished a copy of a telegram from Earl Granville to Sir Edward Thornton, dated 25 January, 1871, saying: "We adhere to arbitration as to the point of international law on the Alabama question, but we should express regret at the fact of escape and depredations; we do not object to points properly selected for arbitration," &c., &c.

Having this assurance, the notes between Sir Edward Thornton and myself, preliminary to the appointment of the Commission, were passed. I am, &c.,

HAMILTON FISH.

No. 353.]

No. 126.

General Schenck to Mr. Fish.

LEGATION OF THE UNITED STATES,
London, March 6, 1873.

SIR: The receipt of your No. 329, correcting the error of Mr. Gladstone in his statement made in Parliament, that the expression of regret by Great Britain contained in the Treaty of Washington "was not in the nature of a condition precedent," has already been acknowledged.

You say that, without a desire to provoke any discussion, it may be well to place in the archives of this legation some facts in connection with the question. And I do not understand that you deem it necessary to have me bring your dispatch on the subject, at present, to the notice of Her Majesty's Government. But I cannot forbear, before filing it away, to express to you my great satisfaction that you have thus made authentic record of the facts on this point which preceded the negotiation of the Treaty.

Although not needed as confirmatory evidence, I venture to set down also my testimony on the subject.

Being at Washington, holding my appointment as Minister to Great Britain, but instructed by the President not to proceed to my post, but to remain and await the issue of the unofficial preliminary negotiations between you and Sir John Rose, because in case of agreement between

the two Governments to create a Joint Commission I was to be nominated one of the Commissioners on the part of the United States, I had the honor to be confidentially informed and consulted during the preparatory steps. I well remember that, from the beginning, you required official assurance that the British Government would make expression of regret for what had taken place in regard to the Alabama and other cruisers, declining to pass the preliminary notes with Sir Edward Thornton until this, among other things, was distinctly under stood.

I am, &c.,

ROBT. C. SCHENCK.

THE AMERICAN COMMISSIONERS

AND

THE STATEMENT

SIR STAFFORD NORTHCOTE,

AT EXETER,

IN RELATION TO AN

ALLEGED PROMISE OF EXCLUSION OF THE INDIRECT
CLAIMS OF THE UNITED STATES.

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