Fortunately it happened that Caleb Cushing for the United States and John Rose for Canada were then engaged at Washington in the discussion of some matters affecting the two countries.In the course of informal conversations these accomplished diplomats planned for a rapprochement.Rose presented a memorandum suggesting that all questions in dispute be made the subject of a general negotiation and treaty.It was at this moment that Sumner came forward with his plan of compensation and obviously he stood in the way of any settlement.President Grant, however, already incensed by Motley's conduct and by Sumner's opposition to his own favorite project, the annexation of Santo Domingo, now broke definitely with both by removing Motley and securing Sumner's deposition from the chairmanship of the Committee on Foreign Affairs.The way was now prepared for an agreement with Great Britain.
On February 27, 1871, a Joint High Commission, composed of five distinguished representatives from each Government, began its memorable session at Washington.The outcome was the Treaty of Washington, signed on May 8, 1871.The most important question--the "Alabama Claims"--was by this agreement to be submitted to a tribunal of five arbitrators, one to be selected by the President of the United States, another by the Queen of Great Britain, a third by the King of Italy, a fourth by the President of the Swiss Republic, and a fifth by the Emperor of Brazil.This tribunal was to meet at Geneva and was to base its award on three rules for the conduct of neutral nations: "First, to use due diligence to prevent the fitting out,...within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise...against a Power with which it is at peace...; secondly, not to permit...either belligerent to make use of its ports or waters as a base of naval operations...; thirdly, to exercise due diligence in its own ports and waters...to prevent any violation of the foregoing obligations and duties."Another but less elaborate tribunal was to decide all other claims which had arisen out of the Civil War.Still another arbitration commission was to assess the amount which the United States was to pay by way of compensation for certain privileges connected with the fisheries.The vexed question of the possession of the San Juan Islands was to be left to the decision of the Emperor of Germany.A series of articles provided for the amicable settlement of border questions between the United States and Canada.Never before in history had such important controversies been submitted voluntarily to arbitration and judicial settlement.
The tribunal which met at Geneva in December was a body of distinguished men who proved fully equal to the gravity of their task.Charles Francis Adams was appointed to represent the United States; Sir Alexander Cockburn, to represent Great Britain; the commissioners from neutral States were also men of distinction.
J.C.Bancroft Davis was agent for the United States, and William M.Evarts, Caleb Cushing, and Morrison R.Waite acted as counsel.
The case for the United States was not presented in a manner worthy of the occasion.According to Adams the American contentions "were advanced with an aggressiveness of tone and attorneylike smartness, more appropriate to the wranglings of a quarter-sessions court than to pleadings before a grave international tribunal." The American counsel were instructed to insist not, indeed, on indemnity for the cost of two years of war, but on compensation because of the transfer of our commerce to the British merchant marine, by virtue of the clause of the treaty which read "acts committed by the several vessels which have given rise to the claims generally known as the 'Alabama Claims.'" British public opinion considered this contention an act of bad faith.Excitement in England rose to a high pitch and the Gladstone Ministry proposed to withdraw from the arbitration.
That the tribunal of arbitration did not end in utter failure was due to the wisdom and courage of Adams.At his suggestion the five arbitrators announced on June 19, 1872, that they would not consider claims for indirect damages, because such claims did "not constitute, upon the principles of international law applicable to such cases, good foundation for an award of compensation, or computations of damages between nations." These claims dismissed, the arbitrators entered into an examination of the direct American claims and on September 14, 1872, decided upon an award of fifteen and a half million dollars to the United States.The Treaty of Washington and the Geneva Tribunal constituted the longest step thus far taken by any two nations toward the settlement of their disputes by judicial process.
