itting 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
attorney-like 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 wis
|