Mr. Rublee to Mr. Fish.
Sir: I have the honor to acknowledge the receipt of your dispatch No. 50, transmitting the draught of a note to be presented by me to the government of the Swiss Confederation, requesting that the President of that confederation will be pleased to appoint an arbitrator to form, with the arbitrators to be named by the President of the United States, by Her Britannic Majesty, by His Majesty the King of Italy, and by His Majesty the Emperor of Brazil, the tribunal of arbitration to which, in pursuance of the first article of the treaty signed at Washington on the 8th of May, the United States and Her Britannic Majesty have agreed that all claims growing out of the acts committed by the several vessels which have given rise to the claims generically known as the “Alabama claims” shall be referred.
In conformity with the instructions contained in your dispatch, I arranged with Mr. Bonar, the British minister here, for the simultaneous presentation of our respective notes on the subject, which, together with copies of the treaty, were accordingly placed to-day in the hands of the President of the Swiss Confederation, who is ex-officio minister for foreign affairs. A copy of my note is herewith transmitted.
In a subsequent conversation with the President, in which he again signified his consent to name an arbitrator, as requested, I took occasion to draw his attention to the final clause of Article I of the treaty, which relates to the period within which it is desired that the nomination may be made. The President, in reply, remarked that he hoped to be able to name an arbitrator within a much shorter period. * * * *
I am, &c.,
His Excellency Dr. Karl Schenk, President of the Swiss Confederation:
Differences having arisen between the Government of the United States and the government of Her Britannic Majesty, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the “Alabama claims,” the high contracting parties, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of such claims, have agreed, by the first article of a treaty signed at Washington on the 8th day of May, 1871, of which a copy is annexed, to refer all the said claims growing out of acts committed by the aforesaid vessels, and generically known as the “Alabama claims,” to a tribunal of arbitration, to be composed of five arbitrators, to be appointed in the following manner; that is to say: One shall be named by the President of the United States; one shall be named by Her Britannic Majesty; His Majesty the King of Italy shall be requested to name one; the President of the Swiss Confederation shall be requested to name one; and His Majesty the Emperor of Brazil shall be requested to name one.
The high contracting parties, therefore, reposing entire confidence in the spirit of justice and impartiality which distinguish the President of the Swiss Confederation, the common friend of the two states, have agreed, in pursuance of the said treaty, to address themselves severally to the President of that confederation, and to request him to be pleased to appoint an arbitrator, to form, with the arbitrators to be named by the other powers above named, the tribunal of arbitration to which the reference agreed upon in the first article of the treaty shall be made.
The undersigned, minister resident of the United States accredited to the Swiss Confederation, having received the orders of his Government to communicate to the President of the Swiss Confederation the agreement thus made on the part of the United States, has been further charged to express the earnest desire of the President of the United States that the President of the Swiss republic will be willing to afford his good offices on the present occasion, and will be pleased to appoint an arbitrator to act in the premises.
The undersigned has, therefore, the honor to lay this communication directly before His Excellency the President of the Swiss Confederation, as holding, at the same time, the office of federal councilor for the political department and for foreign affairs, and to request that his excellency may be pleased to make known to the undersigned his determination with regard to the request therein set forth.
The undersigned seizes the occasion to renew to your excellency and to the members of the high Federal Council the assurance of his highest consideration.