The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-23

the resolution OF the Senate OF the 20tn inst re-
guessing the President to communicate to that body
compatible with the public interest, copies OF any
correspondence between the United States ana
Great Britain concerning the questions pending be-
tween the Two countries since the rejection OF the
claims convention by the Senate.
MIR. Fish TO Mr.. Motley.
DEPARTMENT OF STATE,
WASHINGTON. May is, 1860. {
SIR-Your predecessor has alreaay been directed
to notify Lord Clarendon that The Senate has re-
fused us ADVICE and consent to the rautcation or
the convention signed Al London on the nth OF
january last tor The settlement Of all outstanding
claims.
Under some circumstances the announcement
made 10 your predecessor Of the rejection Of this
convention might be suncient; but the magnitude
OF the claims involved ana he gravity OF the ques-
lions depending between The two governments re-
quire more han tine mere announcement 10 which
the delicacy oil his own relations to tile negotiation
limited the directions to him. The government In
rejecting the recent convention abandon neither its
CLAIMS those OF Its citizens the hope or
an Carly satisfactory and friendly settlement ol the
questions depending between the two governments
You Will say to Lord Clarendon, or IN
your discretion you may further proceed
to communicate the views gwen below.
accident became known to tue public in this coun.
try before the action upon 1t by the Senate,
disapproved by the people with an approach to
unanInty that foreshadOwed, possibly, even a less
favorable vote on the question OF ratification than
was actually gwen This adverse Judgment wnile
reached by any s,age train OF argument nor from
any one STANDPOINT OF policy, nor with any single
standard OF estimate OF the claims. either OF The
nation or OF Its citizens nor WIN the same
degree OF Importance attached TO various
points that have been discussed IN the correspond
ence referred 10 III the convention. Various sources
furnished currents running through different and
widely separate channels, but meeting TO form one
common strain OF bought both Win the people and
IN the Senate-dilIegenG minds viewing 1t from DIFF
feIent dpointS-eacn measuring by tsown stand
ara and Judging IN its own way, arrived at Tie one
nh
which the convention was negotiated were very I'M
favorable to ITS acceptance either by the people
or by the Senate. me nation had Just emerged
from its periodical choice Of o Chief Magls-
traie, and having changed the de ository OF
favor on an attempt At the settlement OF the
great and grave questions depending by those
the eve OF retiring fiom power, without consulting
or considering the views or the ruler recently
trusted with their confidence, ana without COM
municatlon with the Senate, TO whose approval the
treaty would be conSlltuIlonay submitted, or with
any OF It's members. II IL wholly unnecessary to say
TO statesmen OF the Intelligence which always marks
those OF the British empire that The rejection OF q
treaty by the senate OF the unlted States implies
act or dlscourtesy TO the poverlment with winch the
treaty may nave beea negotiated The United states
can enter into no treaty without the advice and
sent OF the senate, and that advice and consent to
be intelligent must be discriminating. and their
refusal can b. subject OF complaint and give
no occasion Tor dissatisfaction OF criticism.
On the 18th OF May, 1898, o convention between
the United states and Great Britain Tor settling Inc
boundaries on our northeastern and northwestern
frontier was signed at London by Air. Ruius King
and Lord HueskesDury on the part OF their respect
i've governments, and submitted to the Senate ny
President Jenerson, with . message OF the 2sth or
October IN that year. The Senate. approved Of the
convention, out upon the condition that the fifth
article should be eXpunged-a condition which was
never complied with. Upon one point the President
aud the Senate and the overwhelming mass Of the
people are convinced namey-tnat the Conven-
ton, from It's character ana terms, or from the
time OF lts negotiation or from the circumstances
attending It's negotiation would not have removed
the sense OF existing grievance, would not have
afforded real substantial satisfaction 10 the people,
would not have proved hearty, cordial settlement
OF the pending questions, but would have lett a
feeling OF dissatisfaction Inconsistent with the rea-
tons which the President desires 10 nave firmly
estab shed between two great nations OF common
origin, common language and objects IN the al
vancement Of the civilization OF The age. The resi-
dent believes the rejection OF the convention TO have
been In tue interest OF peace ana In the direction OF
more perfect and cordial friendship between
the two countries, and In tins belief he FUZZY
approved the action OF the senate That action Is
quite recent, ana has been the cause OF some excite
mcnt and popular discussion ON both SIDES OF the
Atlantic, ana possibly OF some little disappointment,
n not OF irritation, IN England. The tone oil the
press and the proclaimed opinions OF some public
men In each country suggest that the present is
not the most hopeful moment to enter upon
newed discussion either or the objections to the
lately proposed convention or or tile basis OF re-
newed negotiation. A suspension Of the discussion
on these questions for short time Will allow the
subsistence OF any excitement growing out OF the
negotiation rejection OF the treaty. and Will ena
bic the two governments TO approach the more
readily to q solution OF their differences.
But In communicating with Lord Clarendon You
Will be particular to assure him that the desire on
Our part Is that their suspension be limited to the
shortest possible time consistent with It's object.
The President hopes that her Majesty government
VIII view the prOpriety Of the suspension in the
same light In which he proposes ltas wholly IN the
interest and solely WIN a view to an early and
friendly settlement OF the question between the two
governments. he hopes that when the question
shall again be considered 1t may cOmport with the
views OF her Maiesty's government to embrace
within the scope OF the negotiation some agreement
by the two governments defining their respective
rights and duties as neutras, in case
the other government became. unfortunately,
involved In war with a tnird power. The
absence OF agreement or definition on
this subject was among tho causes leading to the
rejection OF the recent convention under which, had
1t been adopted by the Two countries OF the
grave questions which have arisen would have been
passed upon by tribunal whose decision either
party, much less other nations, would regard a.
authority as 10 prevent repetition or retaliation.
IL might indeed, well nave occurred IN tine event OF
the selection by lot or the arbitrator or umpire IN DIFF
ferent cases INVOLVING however, precisely the same
principles that different awards resting upon anag
onstic principles might nave been made II, now
ever, the TWO great leading maritime commercial ma
lions OF the world establish rule TO govern
themselves, eacn with respect 10 the other, they
may reasonably nope tiat their conclusion VIII be
accepted by The other powers and VIII become Tor
the future recognized as part OF the public law Of
the civilized world. The President recognizes the
right OF every power when q civil conflict has
arisen within another State and has attained sum-
Gent conpleXlty magnitude and completeness, 10
dene Its own relations and those oil It's citizens and
subjects towards the parties 10 the conflict, 80 far
their rights and interest are necessarily affected
ny the conflict. The necessity and propriety
Great Britain at the time 1t was made have been
contested and are not admitted. They certainty
Questionable; bat the President regards that conccs
sion as mart OF the case only so far II shows the
beginning aud the anlmu5 OF that course OF conduct
which resulted disastrously to the United States.
IL IL Important in that Il toreshadows subsequent
events There were other nations that acted con-
temporaneous with England In making similar
concession; but 1t was in England only that the
concession was supplemented Dy acts causing direct
damage to tho United states
The President is careful TO make this discrimna-
III. n y n q
Simplify the case ana 10 bring into view these sub
seQuent acts, which are so important 10 determining
tne question between the two countries.
am, sir, your obediens servant,
HAMILTON FISH.
To JOHN LorHRoP MOTLEY, ESQ
Mr.. Fish to MIR. Motley.
lExtract 23:l
DEPARTMENT OF STATE, !
WASHINGTON, June %, 1909.