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There is not the least need of maintaining the perfect fitness and rhetorical felicity of every phrase and every word used by him in his interview with Lord Clarendon. It is not to be expected that a minister, when about to hold a conversation with a representative of the government to which he is accredited, will commit his instructions to memory and recite them, like a school-boy "speaking his piece." He will give them more or less in his own language, amplifying, it may be, explaining, ill.u.s.trating, at any rate paraphrasing in some degree, but endeavoring to convey an idea of their essential meaning. In fact, as any one can see, a conversation between two persons must necessarily imply a certain amount of extemporization on the part of both. I do not believe any long and important conference was ever had between two able men without each of them feeling that he had not spoken exactly in all respects as he would if he could say all over again.
Doubtless, therefore, Mr. Motley's report of his conversation shows that some of his expressions might have been improved, and others might as well have been omitted. A man does not change his temperament on taking office. General Jackson still swore "by the Eternal," and his ill.u.s.trious military successor of a more recent period seems, by his own showing, to have been able to sudden impulses of excitement. It might be said of Motley, as it was said of Shakespeare by Ben Jonson, "aliquando sufflaminandus erat." Yet not too much must be made of this concession.
Only a determination to make out a case could, as it seems to me, have framed such an indictment as that which the secretary constructed by stringing together a slender list of pretended peccadillos. One instance will show the extreme slightness which characterizes many of the grounds of inculpation:--
The instructions say, "The government, in rejecting the recent convention, abandons neither its own claims nor those of its citizens,"
etc.
Mr. Motley said, in the course of his conversation, "At present, the United States government, while withdrawing neither its national claims nor the claims of its individual citizens against the British government," etc.
Mr. Fish says, "The determination of this government not to abandon its claims nor those of its citizens was stated parenthetically, and in such a subordinate way as not necessarily to attract the attention of Lord Clarendon."
What reported conversation can stand a captious criticism like this? Are there not two versions of the ten commandments which were given out in the thunder and smoke of Sinai, and would the secretary hold that this would have been a sufficient reason to recall Moses from his "Divine Legation" at the court of the Almighty?
There are certain expressions which, as Mr. Fish shows them apart from their connection, do very certainly seem in bad taste, if not actually indiscreet and unjustifiable. Let me give an example:--
"Instead of expressing the hope entertained by this government that there would be an early, satisfactory, and friendly settlement of the questions at issue, he volunteered the unnecessary, and from the manner in which it was thrust in, the highly objectionable statement that the United States government had no insidious purposes,'" etc.
This sounds very badly as Mr. Fish puts it; let us see how it stands in its proper connection:--
"He [Lord Clarendon] added with some feeling, that in his opinion it would be highly objectionable that the question should be hung up on a peg, to be taken down at some convenient moment for us, when it might be difficult for the British government to enter upon its solution, and when they might go into the debate at a disadvantage.
These were, as nearly as I can remember, his words, and I replied very earnestly that I had already answered that question when I said that my instructions were to propose as brief a delay as would probably be requisite for the cooling of pa.s.sions and for producing the calm necessary for discussing the defects of the old treaty and a basis for a new one. The United States government had no insidious purposes," etc.
Is it not evident that Lord Clarendon suggested the idea which Mr. Motley repelled as implying an insidious mode of action? Is it not just as clear that Mr. Fish's way of reproducing the expression without the insinuation which called it forth is a practical misstatement which does Mr. Motley great wrong?
One more example of the method of wringing a dry cloth for drops of evidence ought to be enough to show the whole spirit of the paper.
Mr. Fish, in his instructions:--
"It might, indeed, well have occurred in the event of the selection by lot of the arbitrator or umpire in different cases, involving however precisely the same principles, that different awards, resting upon antagonistic principles, might have been made."
Mr. Motley, in the conversation with Lord Clarendon:--
"I called his lordship's attention to your very judicious suggestion that the throwing of the dice for umpires might bring about opposite decisions in cases arising out of identical principles. He agreed entirely that no principle was established by the treaty, but that the throwing of dice or drawing of lots was not a new invention on that occasion, but a not uncommon method in arbitrations. I only expressed the opinion that such an aleatory process seemed an unworthy method in arbitrations," etc.
Mr. Fish, in his letter to Mr. Moran:--
"That he had in his mind at that interview something else than his letter of instructions from this department would appear to be evident, when he says that 'he called his lordship's attention to your [my] very judicious suggestion that the throwing of dice for umpire might bring about opposite decisions.' The instructions which Mr. Motley received from me contained no suggestion about throwing of dice.' That idea is embraced in the suggestive words 'aleatory process' (adopted by Mr. Motley), but previously applied in a speech made in the Senate on the question of ratifying the treaty."
Charles Sumner's Speech on the Johnson-Clarendon Treaty, April 13, 1869:
"In the event of failure to agree, the arbitrator is determined 'by lot' out of two persons named by each side. Even if this aleatory proceeding were a proper device in the umpirage of private claims, it is strongly inconsistent with the solemnity which belongs to the present question."
It is "suggestive" that the critical secretary, so keen in detecting conversational inaccuracies, having but two words to quote from a printed doc.u.ment, got one of them wrong. But this trivial comment must not lead the careful reader to neglect to note how much is made of what is really nothing at all. The word aleatory, whether used in its original and limited sense, or in its derived extension as a technical term of the civil law, was appropriate and convenient; one especially likely to be remembered by any person who had read Mr. Sumner's speech,--and everybody had read it; the secretary himself doubtless got the suggestion of determining the question "by lot" from it. What more natural than that it should be used again when the subject of appealing to chance came up in conversation? It "was an excellent good word before it was ill-sorted,"
and we were fortunate in having a minister who was scholar enough to know what it meant. The language used by Mr. Motley conveyed the idea of his instructions plainly enough, and threw in a compliment to their author which should have saved this pa.s.sage at least from the wringing process.
The example just given is, like the concession of belligerency to the insurgents by Great Britain, chiefly important as "showing animus."
It is hardly necessary to bring forward other instances of virtual misrepresentation. If Mr. Motley could have talked his conversation over again, he would very probably have changed some expressions. But he felt bound to repeat the interview exactly as it occurred, with all the errors to which its extemporaneous character exposed it. When a case was to be made out against him, the secretary wrote, December 30, 1870:
"Well might he say, as he did in a subsequent dispatch on the 15th of July, 1869, that he had gone beyond the strict letter of his instructions. He might have added, in direct opposition to their temper and spirit."
Of the same report the secretary had said, June 28, 1869: "Your general presentation and treatment of the several subjects discussed in that interview meet the approval of this department." This general approval is qualified by mild criticism of a single statement as not having been conveyed in "precise conformity" to the President's view. The minister was told he might be well content to rest the question on the very forcible presentation he had made of the American side of the question, and that if there were expressions used stronger than were required by his instructions, they were in the right direction. The mere fact that a minute of this conversation was confidentially submitted to Lord Clarendon in order that our own government might have his authority for the accuracy of the record, which was intended exclusively for its own use, and that this circ.u.mstance was overlooked and not reported to the government until some weeks afterward, are the additional charges against Mr. Motley. The submission of the dispatch containing an account of the interview, the secretary says, is not inconsistent with diplomatic usage, but it is inconsistent with the duty of a minister not to inform his government of that submission. "Mr. Motley submitted the draft of his No.
8 to Lord Clarendon, and failed to communicate that fact to his government." He did inform Mr. Fish, at any rate, on the 30th of July, and alleged "inadvertence" as the reason for his omission to do it before.
Inasmuch as submitting the dispatch was not inconsistent with diplomatic usage, nothing seems left to find fault with but the not very long delay in mentioning the fact, or in his making the note "private and confidential," as is so frequently done in diplomatic correspondence.
Such were the grounds of complaint. On the strength of the conversation which had met with the general approval of the government, tempered by certain qualifications, and of the omission to report immediately to the government the fact of its verification by Lord Clarendon, the secretary rests the case against Mr. Motley. On these grounds it was that, according to him, the President withdrew all right to discuss the Alabama question from the minister whose dismissal was now only a question of time. But other evidence comes in here.
Mr. Motley says:--
"It was, as I supposed, understood before my departure for England, although not publicly announced, that the so-called Alabama negotiations, whenever renewed, should be conducted at Washington, in case of the consent of the British government."
Mr. Sumner says, in his "Explanation in Reply to an a.s.sault:"--
"The secretary in a letter to me at Boston, dated at Washington, October 9, 1869, informs the that the discussion of the question was withdrawn from London 'because (the italics are the secretary's) we think that when renewed it can be carried on here with a better prospect of settlement, than where the late attempt at a convention which resulted so disastrously and was conducted so strangely was had;' and what the secretary thus wrote he repeated in conversation when we met, carefully making the transfer to Washington depend upon our advantage here, from the presence of the Senate,--thus showing that the pretext put forth to wound Mr. Motley was an afterthought."
Again we may fairly ask how the government came to send a dispatch like that of September 25, 1869, in which the views and expressions for which Mr. Motley's conversation had been criticised were so nearly reproduced, and with such emphasis that Mr. Motley says, in a letter to me, dated April 8, 1871, "It not only covers all the ground which I ever took, but goes far beyond it. No one has ever used stronger language to the British government than is contained in that dispatch. . . . It is very able and well worth your reading. Lord Clarendon called it to me 'Sumner's speech over again.' It was thought by the English cabinet to have 'out-Sumnered Sumner,' and now our government, thinking that every one in the United States had forgotten the dispatch, makes believe that I was removed because my sayings and doings in England were too much influenced by Sumner!" Mr. Motley goes on to speak of the report that an offer of his place in England was made to Sumner "to get him out of the way of San Domingo." The facts concerning this offer are now sufficiently known to the public.
Here I must dismiss Mr. Fish's letter to Mr. Moran, having, as I trust, sufficiently shown the spirit in which it was written and the strained interpretations and manifest overstatements by which it attempts to make out its case against Mr. Motley. I will not parade the two old women, whose untimely and unseemly introduction into the dress-circle of diplomacy was hardly to have been expected of the high official whose name is at the bottom of this paper. They prove nothing, they disprove nothing, they ill.u.s.trate nothing--except that a statesman may forget himself. Neither will I do more than barely allude to the unfortunate reference to the death of Lord Clarendon as connected with Mr. Motley's removal, so placidly disposed of by a sentence or two in the London "Times" of January 24, 1871. I think we may consider ourselves ready for the next witness.
Mr. J. C. Bancroft Davis, a.s.sistant Secretary of State under President Grant and Secretary Fish, wrote a letter to the New York "Herald," under the date of January 4, 1878, since reprinted as a pamphlet and ent.i.tled "Mr. Sumner, the Alabama Claims and their Settlement." Mr. Sumner was never successfully attacked when living,--except with a bludgeon,--and his friends have more than sufficiently vindicated him since his death.
But Mr. Motley comes in for his share of animadversion in Mr. Davis's letter. He has nothing of importance to add to Mr. Fish's criticisms on the interview with Lord Clarendon. Only he brings out the head and front of Mr. Motley's offending by italicizing three very brief pa.s.sages from his conversation at this interview; not discreetly, as it seems to me, for they will not bear the strain that is put upon them. These are the pa.s.sages:--
1. "but that such, measures must always be taken with a full view of the grave responsibilities a.s.sumed." 2. "and as being the fountain head of the disasters which had been caused to the American people." 3. "as the fruits of the proclamation."
1. It is true that nothing was said of responsibility in Mr. Motley's instructions. But the idea was necessarily involved in their statements.
For if, as Mr. Motley's instructions say, the right of a power "to define its own relations," etc., when a civil conflict has arisen in another state depends on its (the conflict's) having "attained a sufficient complexity, magnitude, and completeness," inasmuch as that Power has to judge whether it has or has not fulfilled these conditions, and is of course liable to judge wrong, every such act of judgment must be attended with grave responsibilities. The instructions say that "the necessity and propriety of the original concession of belligerency by Great Britain at the time it was made have been contested and are not admitted." It follows beyond dispute that Great Britain may in this particular case have incurred grave responsibilities; in fact, the whole negotiations implied as much. Perhaps Mr. Motley need not have used the word "responsibilities." But considering that the government itself said in dispatch No. 70, September 25, 1869, "The President does not deny, on the contrary he maintains, that every sovereign power decides for itself on its responsibility whether or not it will, at a given time, accord the status of belligerency," etc., it was hardly worth while to use italics about Mr. Motley's employment of the same language as const.i.tuting a grave cause of offence.
2. Mr. Motley's expression, "as being the fountain head of the disasters," is a conversational paraphrase of the words of his instructions, "as it shows the beginning and the animus of that course of conduct which resulted so disastrously," which is not "in precise conformity" with his instructions, but is just such a variation as is to be expected when one is talking with another and using the words that suggest themselves at the moment, just as the familiar expression, "hung up on a peg," probably suggested itself to Lord Clarendon.
3. "The fruits of the proclamation" is so inconsiderable a variation on the text of the instructions, "supplemented by acts causing direct damage," that the secretary's hint about want of precise conformity seems hardly to have been called for.
It is important to notice this point in the instructions: With other powers Mr. Motley was to take the position that the "recognition of the insurgents' state of war" was made "no ground of complaint;" with Great Britain that the cause of grievance was "not so much" placed upon the issuance of this recognition as upon her conduct under, and subsequent to, such recognition.
There is no need of maintaining the exact fitness of every expression used by Mr. Motley. But any candid person who will carefully read the government's dispatch No. 70, dated September 25, 1869, will see that a government holding such language could find nothing in Mr. Motley's expressions in a conversation held at his first official interview to visit with official capital punishment more than a year afterwards. If Mr. Motley had, as it was pretended, followed Sumner, Mr. Fish had "out-Sumnered" the Senator himself.
Mr. Davis's pamphlet would hardly be complete without a mysterious letter from an unnamed writer, whether a faithless friend, a disguised enemy, a secret emissary, or an injudicious alarmist, we have no means of judging for ourselves. The minister appears to have been watched by somebody in London, as he was in Vienna. This somebody wrote a private letter in which he expressed "fear and regret that Mr. Motley's bearing in his social intercourse was throwing obstacles in the way of a future settlement." The charge as mentioned in Mr. Davis's letter is hardly ent.i.tled to our attention. Mr. Sumner considered it the work of an enemy, and the recollection of the M'Crackin letter might well have made the government cautious of listening to complaints of such a character. This Somebody may have been one whom we should call n.o.body. We cannot help remembering how well 'Outis' served 'Oduxseus' of old, when he was puzzled to extricate himself from an embarra.s.sing position. 'Stat nominis umbra' is a poor showing for authority to support an attack on a public servant exposed to every form of open and insidious abuse from those who are prejudiced against his person or his birthplace, who are jealous of his success, envious of his position, hostile to his politics, dwarfed by his reputation, or hate him by the divine right of idiosyncrasy, always liable, too, to questioning comment from well-meaning friends who happen to be suspicious or sensitive in their political or social relations.
The reported sayings of General Grant and of Mr. Fish to the correspondents who talked with them may be taken for what they are worth.
They sound naturally enough to have come from the speakers who are said to have uttered them. I quote the most important part of the Edinburgh letter, September 11, 1877, to the New York "Herald." These are the words attributed to General Grant:--
"Mr. Motley was certainly a very able, very honest gentleman, fit to hold any official position. But he knew long before he went out that he would have to go. When I was making these appointments, Mr.
Sumner came to me and asked me to appoint Mr. Motley as minister to the court of St. James. I told him I would, and did. Soon after Mr. Sumner made that violent speech about the Alabama claims, and the British government was greatly offended. Mr. Sumner was at the time chairman of the committee on foreign affairs. Mr. Motley had to be instructed. The instructions were prepared very carefully, and after Governor Fish and I had gone over them for the last time I wrote an addendum charging him that above all things he should handle the subject of the Alabama claims with the greatest delicacy.
Mr. Motley instead of obeying his explicit instructions, deliberately fell in line with Sumner, and thus added insult to the previous injury. As soon as I heard of it I went over to the State Department and told Governor Fish to dismiss Motley at once. I was very angry indeed, and I have been sorry many a time since that I did not stick to my first determination. Mr. Fish advised delay because of Sumner's position in the Senate and att.i.tude on the treaty question. We did not want to stir him up just then. We dispatched a note of severe censure to Motley at once and ordered him to abstain from any further connection with that question. We thereupon commenced negotiations with the British minister at Washington, and the result was the joint high commission and the Geneva award. I supposed Mr. Motley would be manly enough to resign after that snub, but he kept on till he was removed. Mr. Sumner promised me that he would vote for the treaty. But when it was before the Senate he did all he could to beat it."
General Grant talked again at Cairo, in Egypt.
"Grant then referred to the statement published at an interview with him in Scotland, and said the publication had some omissions and errors. He had no ill-will towards Mr. Motley, who, like other estimable men, made mistakes, and Motley made a mistake which made him an improper person to hold office under me."
"It is proper to say of me that I killed Motley, or that I made war upon Sumner for not supporting the annexation of San Domingo. But if I dare to answer that I removed Motley from the highest considerations of duty as an executive; if I presume to say that he made a mistake in his office which made him no longer useful to the country; if Fish has the temerity to hint that Sumner's temper was so unfortunate that business relations with him became impossible, we are slandering the dead."