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THE PRIVATE CLAIMS AND BOUNDARY DISPUTE.

The commission to adjust "all claims on the part of corporations, companies or private individuals, citizens of the United States, upon the Government of her Britannic Majesty; and on the part of corporations, companies or private individuals, subjects of her Britannic Majesty, upon the Government of the United States " consisted of three members, one each appointed by the President of the United States, Her Britannic Majesty and the third by the two cojointly.* The commission was organized at Washington, September 26, 1871, and made its final award at Newport, R. I., September 25, 1873. All the American claims (19 in number) were rejected, but 181 of the 478 British claims were awarded in favor of the claimants. These claims amounted to $1,929,819 and the amount was appropriated by Congress and paid to the British government.

The fisheries dispute was not settled for many years.

The boundary dispute, having been referred to the Emperor of Germany, was decided on October 21, 1872, in favor of the United States. The decision added to our territory the Island of San Juan, the dominion in dispute.

*The commissioner for the United States was James S. Fraser, of Indiana; for Great Britain, Rt. Hon. Russel Gurney, M. P., and Count Louis Corti, Minister from Italy at Washington, was selected as the third. Robert S. Hale, of New York, was the American agent and Mr. Henry Howard, one of the British secretaries of legation at Washington, was the British agent.

Blaine, vol. ii., pp. 488-502; Cushing, Treaty of Washington, pp. 203–225.

VOL. IX-28

419.

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Grant, believing that the bay of Samana at the eastern end of San Domingo was desirable as a coaling station for the navy, sent Orville E. Babcock, one of his military staff, to the island in July, 1869, to examine it and report. Babcock, entirely without authority, executed a protocol of annexation with San Domingo and upon his return Grant laid the matter before the Cabinet where it met with a cold reception, because of the unusual course of procedure and because there had been no serious sentiment among the members that the United States wanted San Domingo. Secretary Fish, feeling that he was compromised because the matter had been concluded without his authority or consent, resigned, but Grant induced him to withdraw the resignation.

The President then decided to force matters, and again sent Babcock to San Domingo, where on November 29, 1869, he concluded two treaties, one

* See his messages of May 31, 1870, and December 5, 1870, Richardson, Messages and Papers, vol. vii., pp. 61-63, 96-112.

Pierce's Sumner, vol. iv., p. 430.

J. D. Cox, How Judge Hoar Ceased to be Attorney-General, in Atlantic Monthly, vol. lxxvi. (August 1895).

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PRESIDENT GRANT AND SAN DOMINGO.

leasing Samana Bay and the other annexing the republic, for which our government was to pay San Domingo the sum of $1,500,000 to be used in liquidating her debt.* Grant now used his influence with the Senate to bring about the ratification of the treaty and endeavored to enlist the support of Sumner, who, as chairman of the Committee on Foreign Relations, promised "most careful and candid consideration.''t Grant mistook this for an attitude of support, and when on March 15, 1870, Sumner spoke against it, the President considered that Sumner had turned traitor. The treaty was voted on in the Senate, June 30, 1870, the result being a tie, 28 to 28; and as two-thirds were required for ratification, the treaty was therefore rejected.‡

land at the solicitation of Sumner.* Motley refused to resign and remained at his post until December when he was removed.†

Grant was persistent and his defeat made him still more obstinate. In his message of December 5, 1870,‡ he urged more strongly than ever that the acquisition of San Domingo was highly desirable and recommended that Congress allow him to appoint a committee to negotiate a treaty for that purpose. But he was informed by Senator Morton that the Senate would not accede to his request and that the next best thing was to secure the appointment of a committee of investigation. Morton then introduced such a resolution in the Senate.|| The split between Sumner and Grant was now complete, and Sumner was as implacable as Grant. But Sumner made the mistake of regarding" difference of opinion as a moral delinquency" on Grant's part. When Morton's resolution for a committee of investigation was brought before the Senate for discussion, Sumner (though he had nothing to gain by fanning the flames as Grant lacked power to force the treaty through the Senate) insisted

Grant held Sumner responsible for the defeat of the treaty and for the charges of fraud and corruption which were levelled at him because of his apparent anxiety to secure the ratification of the treaty. He felt that Sumner should be removed from the chairmanship of the Committee on Foreign Relations. But as this was now impossible, Grant resolved to strike back by ordering Secretary Fish, on July 1, 1870, to recall John appointment is said to be due to Sumner by Ba

Lothrop Motley who had succeeded
Reverdy Johnson as minister to Eng-

* Seward's Works, vol. v., p. 28; Blaine, vol. ii., p. 458.

Pierce's Sumner, vol. iv., pp. 433-436; Davis, Mr. Fish and the Alabama Claims, pp. 49-55. Pierce Sumner, vol. iv., pp. 439-445; Storey's Sumner, pp. 379–386.

*There is much dispute as to this. Motley's

deau, Grant in Peace, pp. 197-218; and Davis, Mr. Fish and the Alabama Claims, pp. 19-30; but Pierce claims not, Sumner, vol. iv., p. 381.

O. W. Holmes, Memoir of Motley, chap. xxi.; Adams, Treaty of Washington, pp. 105–117, 121– 122, 133-141; Senate Ex. Doc. No. 11, 41st Congress, 3d session.

P. 99.

Richardson, Messages and Papers, vol. vii.,

Foulke, Life of Morton, vol. ii., p. 151 et seq. § Adams, Treaty of Washington, p. 110.

SUMNER REMOVED; TROUBLE IN KOREA.

upon making a speech against it. This he did on December 21, 1870, in a highly inflammatory and extravagant style, declaring that "the resolution commits Congress to a dance of blood," etc.*

D.

Nevertheless Morton's resolution passed the Senate and the House agreed to it with an amendment providing that Congress would not be committed to the policy of annexation. Three commissioners - Andrew Andrew D. White, Benjamin F. Wade and Samuel G. Howe-were then appointed. They visited San Domingo† and made a report favoring annexation; but this report did not lead to the ratification of the treaty, for Grant had learned that public opinion would not sustain his policy and admitted it in his message accompanying the report. The matter was therefore dropped as a national concern.‡

Grant's disagreement with Sumner caused the removal of the latter from the chairmanship of the Committee by the President's supporters upon the opening of the first session of the Forty-second Congress, March 4, 1871. Pierce, vol. iv., p. 457 et seq., gives a somewhat favorable abstract of the speech. See also Storey's Sumner, p. 389; Blaine, vol. ii., pp. 458463.

*

An interesting account of the trip is given in Andrew D. White's Autobiography, vol. i., pp. 483-507.

Andrews, Lust Quarter-Century. vol. i., pp. 48-56; Dawes, Sumner, pp. 290-298; Storey's Sumner, pp. 388-394; Church's Grant, pp. 376379. For official papers see Richardson's Messages and Papers, vol. vii., pp. 128-131; Senate Ex. Docs. Nos. 7 and 24, House Ex. Doc. No. 42, 41st Congress, 3d session; Senate Ex. Doc. No. 35, 42d Congress, 1st session; Senate Ex. Doc. No. 9, 42d Congress 2d session.

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This act aroused great indignation in the Republican party, and the party press roundly flayed the administration for the action.*

Mr. F. F. Low, United States minister to China, and Mr. Seward, consul-general at Shanghai, went to Korea in April, 1871, on Rear-Admiral Rogers's squadron of five vessels, then in Asiatic waters. They made an attempt " to negotiate a convention securing rescue and protec tion to our shipwrecked mariners and property." After arrival they sailed up the Salu River for the purpose of making surveys. To this the authorities offered no objection, but on June 1 several of the vessels were fired upon by the Korean forts, which the Americans soon silenced. On the 10th and 11th of June a large force of Americans was landed, and after a short fight captured and destroyed the forts and batteries and killed over 250 Koreans. Negotiations for treaties were thus nipped in the bud, and it was not until May 22, 1882, that a treaty was concluded, opening ports to our commerce and securing aid and

* Blaine, vol. ii., pp. 503-506; Boutwell's Reminiscences, vol. ii., pp. 214-220; Storey, pp. 394400; Schurz, Reminiscences, vol. iii., pp. 307–308, 323-330; Pierce's Sumner, vol. iv., pp. 460-482; Adams, Treaty of Washington, pp. 163-177, 180184, 225-244. Davis (Mr. Fish and the Alabama Claims, p. 68) says that as Sumner's term had expired, there was no removal, but that the Senate simply "elected another Senator to succeed him." But as Sumner had served on the Committee for many years in the capacity of chairman and as he was not to leave the Senate, the "election of another Senator" amounted to the same thing. See also Davis's letter reprinted from the New York Herald of January 4, 1878, pp. 109-146.

422

THE VIRGINIUS AFFAIR IN CUBA.

protection to vessels and seamen and safety to our citizens in that country.*

For several years the people of Cuba had been in revolt against the authority of Spain, and much sympathy was felt for them by the people of the United States. The insurgents had made appeals to the government for aid and in 1869 President Grant was induced to issue a proclamation according them belligerent rights. Before he executed this document, however, he consulted with Sumner who attempted to persuade him that it was inadvisable at this juncture.|| But Grant was confident that the Cubans would succeed in their revolt and on August 19, 1869, signed the proclamation and gave it to AssistantSecretary of State Bancroft Davis with instructions to give it to Secretary Fish to sign and affix the official seal. Fish signed the document, but feeling that Grant's policy was unwise he withheld the proclamation until he should receive further instructions. Grant's attention was now absorbed by the "Gold Conspiracy" of Gould and Fisk, the financial situation in

*W. E. Griffis, America in the East, pp. 195– 200, and Corea, the Hermit Kingdom, pp. 403419; Foster, American Diplomacy in the Orient, pp. 314-317; J. Morton Callahan, American Relations in the Pacific and the Far East, p. 111 et seq., in Johns Hopkins University Studies in Historical and Political Science, series xix., nos. 1-3 (January-March, 1901).

J. Morton Callahan, Cuba and International Relations, pp. 364-371, in Johns Hopkins University Studies in Historical and Political Science, extra vol. xxi. (1899).

Appleton's Annual Cyclopædia, 1869, p. 208. Grant and Sumner were still friendly at this time. See Pierce's Sumner, vol. iv., pp. 403, 405, 409, 425-426.

general and other important matters, and the proclamation was evidently forgotten by him for some time. When he did again consider it, he readily saw that Fish had saved him from an indiscreet and unwise action.*

Thus matters drifted along for some time and the government concerned itself only with preventing any infractions of international law due to the sailing of filibustering expeditions from our shores to carry arms and aid to the Cuban insurgents. In this the government was remarkably successful, though many succeeded in gaining Cuban shores. In the fall of 1873 one of these vessels, the Virginius, commanded by Captain Fry and flying the American colors, eluded the government authorities and sailed for Cuba, but before the vessel had reached her destination, she was seized on the high seas near Jamaica, October 30, by the Spanish war vessel Tornado. The Virginius was taken to Santiago de Cuba and fifty-three of the crew and passengers were condemned to death by the Spanish authorities there. Between November 4 and 8 these fifty-three were shot among them being eight American citizens.†

Further executions were prevented by the arrival of a British warship. Intense excitement prevailed throughout the United States and public indignation meetings were held in sev

Adams, Treaty of Washington, pp. 117–121; Callahan, Cuba and International Relations, p. 375.

+ Callahan, pp. 371-373.

SPAIN RESTORES VIRGINIUS AND PAYS INDEMNITY.

eral cities. Troops were offered the government should it decide to declare

war.

The President also authorized the Secretary of the Navy to prepare the navy for any emergency. The government demanded reparation of Spain and the Castelar government finally agreed to restore the Virginius and the surviving members of the crew and passengers and pay an indemnity to the families of the victims. A protocol to that effect was signed at Washington, November 29, 1873, by the Spanish minister, Admiral Polo, and the American Secretary of State, Hamilton Fish. On December 16 the Virginius was placed in the hands of the United States authorities at Bahia Honda, Cuba, and the prisoners were released two days later. On her re

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turn voyage the Virginius sank off Cape Fear, North Carolina, December 26, 1873, but her passengers and crew were saved by the sloop-of-war Juniata. Subsequently an indemnity of 80,000 Spanish dollars (yielding, less exchange, $77,794.44 in coin) was paid to the United States.*

* Moore, American Diplomacy, pp. 79-80; Foreign Relations, 1874, pp. 922-1113; Rhodes, vol. vii., pp. 29-36; Callahan, Cuba and International Relations, pp. 406-411; Fitzhugh Lee and Joseph Wheeler, Cuba's Struggle against Spain, pp. 153161; Sumner's Works, vol. xv.; James J. Roche, By-ways of War, pp. 238-251; and the contemporary files of The Nation. For official papers and messages see Richardson, Messages and Papers, vol. vii., pp. 31-33, 64-69, 240-241, 256-258; Senate Ex. Doc. No. 7 and House Ex. Doc. No. 140, 41st Congress, 2d session; Senate Ex. Doc. No. 32, 42d Congress, 2d session; House Ex. Doc. No. 30, 43d Congress, 1st session; Senate Ex. Doc. No. 29 and House Ex. Doc. No. 90, 44th Congress, 1st session.

CHAPTER VII.

1868-1872.

RECONSTRUCTION: KU KLUX: ENFORCEMENT ACTS.

Virginia ratifies constitution - Representatives admitted to Congress - Mississippi elections Readmitted Reconstruction of Texas completed Fifteenth Amendment becomes part of the Constitution - Trouble in Georgia over Negro-Military district revived - Negroes reinstated - Bullock induces legislature to pass new election law - Democrats win election Bullock resigns and flees

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Is arrested, tried and acquitted - Georgia readmitted — Power of Negro-Carpet-bag régime — Union or Loyal League — Whites organize Ku Klux Klan to combat negro rule - White Camelia and other orders Anti-Ku Klux laws - Enforcement Acts- Conditions in North Carolina - Ku Klux arrests Elections carried by Democrats Governor Holden impeached and removed — Suspension of habeas corpus in South Carolina - Reports of committee investigating affairs in South Amnesty Bill introduced in Congress - Sumner introduces Civil Rights Bill - Both fail to pass Amnesty Bill finally passed-Numbers relieved of disabilities - Republican majority in Congress reduced - Federal Election Act amended.

We must now turn again to affairs in the Southern States. During the summer of 1868 those States which

had ratified the Fourteenth Amendment were readmitted, as we have seen, and the generals then turned the

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