1822.

Failing to agree, the commissioners made separate reports to their Governments, and, by a convention concluded September 29, 1827, the points of difference were referred to the King of the Netherlands. His award, dated January 10, 1831, the two Governments agreed to waive, since it assumed to make a new line in place of that described in the treaties.

The third commission under the Treaty of Ghent was organized under articles 6 and 7. Under the sixth article, its duty was to determine the Northern boundary of the United States along the middle of the Great Lakes and of their communica tions by water to the water communication between Lakes Huron and Superior; and under the seventh article, to determine the line from that point to the most northwestern point of the Lake of the Woods. This commission was composed of two members, one appointed by each Government. On June 18, 1822, they reached an agreement under article 6; but on the line described in article 7 they failed to concur, and it was finally determined, as was the unsettled boundary under article 5, by the treaty of August 9, 1842, generally known as the Webster-Ashburton Treaty.

In this relation it may be stated that the boundary from the northwest angle of the Lake of the Woods to the Rocky Mountains, on the forty-ninth parallel of latitude, under the treaty of 1846, was determined by a joint commission, of which the American member was appointed under an act of Congress of March 19, 1872.

By the first article of the Treaty of Ghent it was agreed that all territory, places, and possessions taken by either party from the other during the war, or after the signing of the peace, should, with the exception of the disputed islands in Passamaquoddy Bay, the title to which was to be determined by arbitration, be restored without delay, and without the destruction or carrying away of any public property, or of any slaves or other private property. Differences having arisen as to Great Britain's performance of the obligation touching slaves, it was agreed by the fifth article of the treaty of October 20, 1818, to refer the dispute to the Emperor of Russia. On April 22, 1822, the Emperor decided that Great Britain had failed to keep her obligation and must make indemnity, and on the 12th of the ensuing July a convention was concluded under his mediation for the appointment of a commission to determine the amount to be paid. This commission was composed of a

commissioner and an "arbitrator" appointed by each Government-four persons in all; but the two commissioners were first to examine the claims and endeavor to reach a decision, and, if they failed to agree, then to draw by lot, in each case of divergence, the name of one of the "arbitrators" to decide between them. This repetitious choice of an umpire by lot was not likely to promote consistency of decision; but the two com missioners, having met on August 25, 1823, succeeded by September 11, 1824, in agreeing on an average value for slaves taken from each State or district, and they subsequently concurred on other points. They held their last session March 26, 1827, their functions having been terminated by the ratification of a convention concluded at London, November 13, 1826, under which Great Britain paid $1,204,960 in full settlement of all the claims.

As we have already mentioned the reference of the Northeastern boundary dispute to the King of the Netherlands, under the convention of 1827, we come now to the convention concluded at London, February 8, 1853, for a general settlement of claims pending between the United States and Great Britain. Under this convention each Government appointed a commissioner, and the two commissioners chose an umpire. This responsible post was first offered to ex-President Van Buren, who declined it, and then to Joshua Bates, an American, but a member of the house of the Barings, who accepted the trust and faithfully discharged it. Many important decisions were pronounced by this commission, some of which touched our rights in the fisheries adjacent to the northeast coasts of British North America. It also rendered awards in the famous cases of McLeod and the brig Creole. Its first session was held in London, September 15, 1853; its last, January 15, 1855.

By the treaty between the United States and Great Britain of June 5, 1854, in relation to Canadian fisheries and commerce, provision was made for the adjustment of any disputes as to the exclusive right of British fishermen under the treaty, by a commission to be composed of a person appointed by each Government, and an umpire. The contracting parties, however, did not find themselves under the necessity of resorting to this stipulation.

Ten years, lacking a week, after the adjournment of the commission under the convention of 1853, a British-American commission, similar in constitution, met in Washington, under

a convention concluded July 1, 1863, to determine the compensation due to the Hudson's Bay and the Puget's Sound Agricultural Company, two British organizations, on certain claims for damages, as well as for the transfer to the United States of all their property and rights in territory acknowledged by the treaty of 1846, in regard to limits west of the Rocky Mountains, to be under the sovereignty of that Government. The commissioners, who met January 7, 1865, chose as umpire one of America's greatest judges and jurists, Benjamin Robbins Curtis; but his services were not required, since the commissioners on September 10, 1869, concurred in an award.

While this commission was sitting, the relations between the United States and Great Britain were seriously disturbed by controversies growing out of the civil war, the northeastern fisheries, and the disputed San Juan water boundary. All these menacing differences were composed by the treaty of Washington, of May 8, 1871, signed on the part of the United States by Hamilton Fish, Robert C. Schenck, Samuel Nelson, Ebenezer Rockwood Hoar, and George H. Williams; on the part of Great Britain, by the Earl de Grey and Ripon, Sir Stafford H. Northcote, Sir Edward Thornton, Sir John A. Macdonald, and Montague Bernard. The right of this treaty to be regarded as the greatest treaty of arbitration the world had yet seen was only emphasized by the fact that it provided for four distinct arbitrations, the largest number ever established under a single convention. Of the four arbitrations under the treaty of Washington, first in order and importance was that at Geneva, the noblest spectacle of modern times, in which two great and powerful nations, gaining in wisdom and self-control, and losing nothing in patriotism or self-respect, taught the world that the magnitude of a controversy need not be a bar to its peaceful solution. On the part of the United States, the arbitrator was Charles Francis Adams; on the part of Great Britain, Sir Alexander Cockburn. There were three other arbitrators, Count Frederic Sclopis, Jacques Staempfli, afterward President of Switzerland, and the Viscount D'Itajuba, respectively designated by the King of Italy, the President of the Swiss Confederation, and the Emperor of Brazil. The American agent was J. C. Bancroft Davis, the British agent, Lord Tenterden. Caleb Cushing, William M. Evarts, and Morrison R. Waite appeared as counsel for the United States. Sir Roundell Palmer, afterward Lord Selborne, ap

peared for Great Britain, assisted by Montague Bernard and Mr. Cohen. How celebrated the names both of those who negotiated and of those who executed the treaty! The demands presented by the United States to the tribunal, arising out of the acts of Confederate cruisers of British origin, and generically known as the Alabama claims, were as follows:

1. Direct losses growing out of the destruction of vessels and their cargoes.

2. The national expenditures in pursuit of those cruisers.

3. The loss for the transfer of the American commercial marine to the British flag.

4. The enhanced payments of insurance.

5. The prolongation of the war, and the addition of a large sum to the cost of the war and the suppression of the rebellion.

As to classes 3, 4, and 5, Great Britain denied the jurisdiction of the tribunal, and also its power to decide as to its own competency, a question, as we have seen, raised by the same Government and determined against it under article 7 of the Jay Treaty. Without deciding this question, the Geneva tribunal disposed of these three classes by expressing an opinion that they did not, upon the principles of international law, constitute a good foundation for an award of compensation, and that they should be excluded from consideration, even if there were no difference between the two Governments as to the board's competency. In regard to the second class of claims, the tribunal held that they were not properly distinguishable from the general expenses of the war carried on by the United States; and further, by a majority of three to two, that no compensation should be awarded to the United States on that head. On claims of the first class, the tribunal awarded the sum of $15,500,000. Its first session was held December 15, 1871; its last, September 14, 1872.

The dispute as to the San Juan water boundary was referred to the Emperor of Germany, who rendered, October 21, 1872, an award in favor of the United States. Claims of British subjects against the United States, and of citizens of the United States against Great Britain (excepting the Alabama claims), arising out of injuries to persons or property during the civil war in the United States, from April 17, 1861, to April 9, 1865, were referred to a mixed commission, composed of three persons respectively appointed by the United States, Great Britain, and Spain, which sat in the United States. The fourth arbitration under the Treaty of Washington, to de

termine the compensation, if any, due to Great Britain for privileges accorded by that treaty to the United States in the northeastern fisheries, was conducted by a commission of three persons-a citizen of the United States, a British subject, and a Belgian-which met at Halifax, June 15, 1877, and on the 23d of the following November (the American commissioner dissenting) awarded Great Britain the sum of $5,500,000. This is the last of the arbitrations between the United States and Great Britain, but it is announced in the President's annual message of the present year that all that remains to be completed of an agreement for the arbitration of the controversy as to the rights of the United States touching the seal fisheries in Behring Sea is the selection of arbitrators.

From France we have several times obtained gross sums in settlement of our claims by direct negotiation. The single exception to this practice is the commission, composed of an American, a Frenchman, and a citizen of a third power, which sat in Washington from November 5, 1880, to March 31, 1884, and determined the claims of citizens of France for injuries to their persons and property during our civil war, and claims of citizens of the United States against France for like injuries during the war between that country and Germany.

With Spain, our experience in respect to the settlement of claims has been similar to that with France; but in the case of Spain we have had two arbitrations. The first, under a diplomatic agreement of February 12, 1871, touching claims growing out of the insurrection in Cuba, was effected by means of a mixed commission, composed of two arbitrators, an American and a Spaniard, and an umpire, a citizen of a third power, which met in Washington, May 31, 1871. The arbitrators concluded their labors December 27, 1882; the last decision of the umpire bears date February 22, 1883. The second arbitration was the reference on February 28, 1885, to Baron Blanc, Italian minister at Madrid, of the question of the amount of damages to be paid by Spain for the admittedly wrongful seizure and detention of the American bark Masonic. With our neighbor Mexico we have had two arbitrations, by means of mixed commissions, for the adjustment of miscellaneous claims, some of which were of great magnitude and importance. The first commission, under the treaty of April 11, 1839, was composed of two American and two Mexican commissioners, and an umpire, a citizen of Prussia. One of the