the President of the Swiss Confederation being selected at the instance of the Government of the United States.

Although this Convention was recommended by the Senate Committee of Foreign Affairs for ratification, it has not been brought before the Senate, and the period within which its ratification should have taken place has now expired.

This delay has been accounted for by the United States' Government as having been occasioned by the delay, necessarily unavoidable, in carrying through the Imperial Parliament the measures required for enabling the Naturalization Treaty to be concluded; the two Treaties having been in the first instance included in the same negotiation under the Protocol of the 10th of November, 1868, upon which the Treaty of the 14th of January, 1869, was framed.

The Naturalization Treaty having been ratified some months ago, Her Majesty's Government trust that the Government of the United States will no longer hesitate to act upon the Water Boundary Treaty, which should in that case be appended to and form part of the General Treaty for the mode of settlement of all outstanding differences which you are empowered to sign.

Should, however, a form of arbitration admitting of more free discussion be preferred, Her Majesty's Government would assent to such a proposal.

7. The Claims of British Subjects.

Throughout the negotiations on the "Alabama," "Shenandoah," &c., claims, Her Majesty's Government have always urged that any satisfactory settlement of those claims must be accompanied by a simultaneous settlement of the claims of British subjects *See "North America," No., 1 (1869), page 44. arising out of the civil war, and provision was made for this purpose in the Claims Convention.

Her Majesty's Government would expect that the Government of the United States would readily consent to all claims of British subjects against the United States, or of United States' citizens against Great Britain, being referred to a Mixed Commission, formed of one Commissioner from each country and an Umpire, as was done under the Convention of the 8th of February, 1853.

3. The Claims of the People of Canada an account of the Fenian Raid.

In connection with the claims of British subjects there is a claim on the part of the people of the Dominion of Canada for losses in life and property and expenditure, occasioned by the filibustering raids on the Canadian frontier, carried on from the territory of the United States in the years 1866 and 1870.

The Government of the Dominion having solicited Her Majesty's Government to bring this claim before the Government of the United States, were requested some time ago to prepare a statement to be submitted to that Government, but it has not yet been received.

In the meanwhile the accompanying account of the Fenian Brotherhood, which has been drawn up by Lord Tenderden, will supply you with full information as to the encour-• agement and support rendered in the United States to this and other Irish American revolutionary societies.

9. Revision of Rules of Maritime Neutrality.

It would be desirable to take this opportunity to consider whether it might not be the interest of both Great Britain and the United States to lay down certain rules of inter

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national comity in regard to the obligations of maritime neutrality, not only to be acknowledged for observance in their future relations, but to be recommended for adoption to the other Maritime Powers.

I have thus touched briefly upon the subjects likely principally to engage your attention, and have indicated the manner in which they may be possibly treated; but Her Majesty's Government wish you to understand that you are not thereby precluded from entertaining the consideration of other questions or making any suggestions you may think proper for their settlement.

Her Majesty's Government request, however, that if the mode of dealing with any particular matter which you may be disposed to agree to, should vary materially from the manner of settlement to which I have informed you Her Majesty's Government are prepared at once to assent, or, in case of any disagreement of importance occurring between yourselves and the American High Commissioners, you should at once report by telegraph and await further instructions.

I am, &c., (Signed,)

GRANVILLE.

No. 2.

Earl Granville to Her Majesty's High Commission.

FOREIGN OFFICE, February, 9th, 1871.

MY LORD AND GENTLEMEN,-With reference to my other despatch of this day's date, in which I have adverted to the revision of the rules of maritime neutrality as being one of the subjects which will probably be presented for your consideration, I have to state to you that the extent to which a neutral country may be hereafter held justly liable for the despatch, after notice, of a vessel under similar circumstances to those in the case of the "Alabama" cannot be precisely defined in the present stage of the controversy ; but there are other points in which it may be convenient to you to be informed beforehand that this Government are willing to enter into an agrement.

These are:

That no vessel employed in the military or naval service of any belligerent which shall have been equipped, fitted out, armed, or dispatched contrary to the neutrality of neutral State, should be admitted into any part of that State.

That prizes captured by such vessels, or otherwise captured in violation of the neutrality of any State, should, if brought within the jurisdiction of that State, be

restored.

That in time of war, no vessel should be recognized as a ship of war, or received in any port of a neutral State as a ship of war, which has not been commissioned in some port in the actual occupation of the Government by whom her commission is issued.

The first of these Rules has been incorporated into the Foreign Enlistment Act, passed during the last year, and both the first and second were included in the Report of the Royal Commission for inquiring into the Neutrality Laws.

No. 3.

Earl Granville to the Lord High Commission.

FOREIGN OFFICE, February 9, 1871.

MY LORD AND GENTLEMEN,-I have to inform you that Lord Tenterden has been appointed Secretary to the High Commission, and will proceed to Washington accordingly.

PROTOCOLS OF CONFERENCES BETWEEN THE HIGH COMMISSIONERS ON THE PART OF
GREAT BRITAIN AND THE HIGH COMMISSIONERRS ON THE PART OF THE UNITED
STATES OF AMERICA.

1st. Protocol of Conference between the High Commissioners on the part of Great Britain and the High Commissioners on the part of the United States of America.

WASHINGTON, February 27, 1871.

The High Commissioners having met, their full powers were respectively produced, which were found satisfactory, and copies thereof exchanged, as follows:-"VICTORIA R.

"Victoria, by the grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith, &c., &c., &c., To all and singular to whom these Presents shall come, Greeting:

"Whereas, for the purpose of discussing in a friendly spirit with Commissioners to be appointed on the part of Our Good Friends the United States of America, the various questions on which differences have arisen between Us and Our said Good Friends, and of treating for an Agreement as to the mode of their amicable settlement, We have judged it expedient to invest fit persons with full power to conduct on Our part the discussions in this behalf:

"Know ye, therefore, that We, reposing especial trust and confidence in the wisdom, loyalty, diligence, and circumspection of Our right trusty and right well-beloved Cousin and Councillor George Frederick Samuel, Earl de Grey and Ripon, Viscount Goderich, a Peer of Our United Kingdom, President of Our Most Honourable Privy Council, Knight of Our Most Noble Order of the Garter, &c., &c., of Our right trusty and well-beloved Councillor Sir Stafford Henry Northcote, Baronet, a Member of Parliament, Companion of Our Most Honourable Order of the Bath, &c., &c.; of Our trusty and well-beloved Sir Edward Thornton, Knight Commander of Our Most Honourable Order of the Bath, Our Envoy Extraordinary and Minister Plenipotentiary to Our Good Friends the United States of America, &c., &c.; of Our trusty and well-beloved Sir John Alexander Macdonald, Knight Commander of Our Most Honourable Order of the Bath, a Member of Our Privy Council for Canada, and Minister of Justice and Attorney-General in Our Dominion of Canada, &c., &c.; and of Our trusty and well-beloved Montague Bernard, Esquire, Chichele Professor of International Law in the University of Oxford;-have named, made, constituted, and appointed, as We do by these presents name, make, constitute, and appoint them Our undoubted High Commissioners, l'rocurators, and Plenipotentiaries :

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Giving to them, or to any three or more of them, all manner of power any authority to treat, adjust, and conclude with such Minister or Ministers as may be vested with similar power and authority on the part of Our Good Friends the United States of America, any Treaties, Conventions, or Agreements that may tend to the attainment of the abovementioned end, and to sign for Us and in Our name everything so agreed upon and concluded, and to do and transact all such other matters as may appertain to the finishing of the aforesaid work in as ample manner and form, and with equal force and efficacy, as We Ourselves could do if personally present: Engaging and promising upon Our Royal Word, that whatever things shall be so transacted ond concluded by Our said High Commissioners, Procurators, and Plenipotentiaries shall be agreed to, acknowledged, and accepted by Us in the fullest manner, and that We will never suffer, either in the whole or in part, any person whatsoever to infringe the same, or act contrary thereto, as far as it lies in Our power.

"In witness whereof We have caused the Great Seal of Our United Kingdom of Great Britain and Ireland to be affixed to these Presents, which We have signed with Our Royal Hand.

"Given at Our Court at Windsor Castle, the sixteenth day of February, in the year of Our Lord one thousand eight hundred and seventy.one, and in the thirty-fourth year of Our reign."

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Ulysses S. Grant, President of the United States of America, To all who shall see these presents, Greeting:

"Know ye that, reposing special trust and confidence in the integrity and ability of Hamilton Fish, Secretary of State; Bobert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary to Great Britain; Samuel Nelson, an Associate Justice of the Supreme Court of the United States; Ebenezer R. Hoar, of Massachusetts; and George H. Williams of Oregon; I have nominated and, by and with the advice and consent of the Senate, do appoint them jointly and severally, to be Commissioners on the part of the United States, in a Joint High Commission between the United States and Great Britain; hereby empowering them, jointly and severally, to meet the Commissioners appointed or to be appointed on behalf of Her Britannic Majesty, and with them to treat and discuss the mode of settlement of the different questions which shall come before the said Joint High Commission, and the said oflice to hold and exercise during the pleasure of the President of the United States for the time being.

"In testimony whereof I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed.

"Given under my hand at the city of Washington, this 10th day of February, in the year of our Lord one thousand eight hundred and seventy-one, and of the Inde-· pendence of the United States of America the ninety-fifth.

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[Seal.]
By the President:
(Signed)

(Signed) "U. S. GRANT,

"HAMILTON FIs, Secretary of State."

It was proposed by the British High Commissioners that Mr. Fish, Secretary of State of the United States, should preside.

The United States Commissioners stated that, although appreciating the proposal, they did not consider it necessary that a President should be named.

The High Commissioners, on the suggestion of Mr. Fish, requested that Lord Tenterden, Secretary of the British High Commission, and Mr. Bancroft Davies,

Assistant-Secretary of State of the United States, acting as Secretary to the United States High Commission, to undertake the cuties of Joint Protocolists.

The High Commissioners then agreed that the subjects for discussion should be those mentioned in the following correspondence which had taken place between the two Governments.

I. Sir E. Thornton to Mr. Fish, January 26, 1871.

[See "North America, No. 1 (1871)," Inclosure 1 in No. 1.]

2. Mr. Fish to Sir E. Thornton, January 30, 1871.
[Ibid., Inclosure 2 in No. 1.]

3. Sir E. Thornton to Mr. Fish, February 1, 1871.

[Ibid., Inclosure 3 in No. 1.[

4. Mr. Fish to Sir E. Thornton, February 3, 1871.

[Ibid., Inclosure 4 in No. 1.]

The Commissioners further determined that the discussion might include such other matters as might be mutually agreed upon.

The meeting of the High Commission was then adjourned to the 4th of March.

2nd Protocol of Conference between the High Commissioners on the part of Great Britain and the High Commissioners on the part of the United States of America.

WASHINGTON, March 4, 1871.

The High Commissioners having met, the Protocol of the Conference held on the 27th of February was read and confirmed.

At the commencement of the Conference the United States' High Commissioners called attention to the provision in the Constitution of the United States by which the advice and consent of the Senate is required for the ratification of any Treaty which may be signed under the authority of the President.

The British High Commissioners stated that they were acquainted with this provision.

The High Commissioners then proceeded with the consideration of the matters referred to them.

The Conference was adjourned to the 6th of March. (Signed,)

TENTERDEN.

J. C. BANCROft Davis.