Viewing page 6 of 13

This transcription has been completed. Contact us with corrections.

Geneva Award.

  The House having resumed consideration of the bill (H.R. No. 3139) to provide for the just and equitable distribution of the award made to the United States by the commissioners of Geneva, under the treaty of Washington-
  Mr. BUTLER, of Massachusetts, said:
  Mr. SPEAKER: I desire the attention of the House while I explain as well as I may the action of this bill. The agents of the United States obtained for wrongs done to the United States of the sum of $15,500,000 in coin, to be paid next September by the Government of Great Britain. It has now become necessary to provide the means by which in the judgement of its legislative assembly the United States will distribute this amount of money so as to most justly indemnify its citizens for losses of the classes for which the money was recovered. The first question which presents itself is, whose money is it? The Committee of the Judiciary have determined so far as they are concerned that it is money of the United States, held free from all special claims, trusts, or conditions. If we have determined this question correctly, then it remains for the United States to provide only means for such distribution of the money as shall seem to the legislative power to be in accordance with the principles of natural equity and justice. To aid in the solution of this question I desire to submit to the House a few facts as to the course of procedure before the arbitration of the award from which this fund arises.
  The first attempt at negotiation between Great Britain and the United States for settlement of our grievances during the late war resulted in the Johnson and Clarendon treaty. That provided for "claims of citizens of the United States against Great Britain." Because of that provision, among other things, that treaty was rejected by the Senate. Then came the Washington negotiation, which resulted in a treaty by which all wrongs done the United States growing out of depredations of the certain cruisers, generically known as the Alabama claims, were to be submitted to the tribunal at Geneva for its award. Our agent went before that tribunal, sent under certain instructions which are very material and which answer six or seven pamphlets which claim that the United States is bound by the award of that tribunal as to the mode and form in which the fund arising therefrom is to be distributed, that have been submitted to the consideration of the House. I ask the Clerk to read an extract from those instructions.
  The Clerk read as follows:
  "The President desires to have the subject discussed as one between the two Governments, and he directs me to urge upon you strongly to secure, if possible, the award of a sum in gross.
  "In the discussion of this question, and in the treatment of the entire case, you will be careful not to commit the Government as to the disposition of what may be awarded, or what may be recovered in the event of the appointment of the board of assessors mentioned in the tenth article of the treaty.  It is possible that there may be duplicate claims for some of the property alleged to have been captured or destroyed, as in the case of insurers and insured.
  "The Government wishes to hold itself free to decide as to the rights and claims of insurers, upon the termination of the case. If the value of the property captured or destroyed be recovered in the name of the Government, the distribution of the amount recovered will be made by this Government, without committal as to the mode of distribution. It is expected that all such committal be avoided in the argument of counsel." 
  Mr. POTTER. Is that an extract from the letter of the agent?
  Mr. BUTLER, of Massachusetts. Yes, sir; that is from the letter of instructions from the Government to our agent, Mr. Bancroft Davis.
  Mr. POTTER. What is the date?
  Mr. BUTLER, of Massachusetts. December 8, 1871.
  Mr. HALE. Is it the letter to Mr. Bancroft Davis or to Messrs. Cushing, Evarts, and Waite?
  Mr. BUTLER, of Massachusetts. It is the letter to Mr. Bancroft Davis, agent of the United States to conduct the case before the tribunal.
  In order, however, that there might be no mistake as to this important matter, the Government, through the State Department, issued-