THE CASE OF THE BRIG GENERAL ARMSTRONG resolution was adopted in the Senate, offered by Senator Johnson, asking the President for the correspondence and papers in this matter, and in December of that year President Polk communicated the corre spondence and papers accordingly. The matter was referred to the committee on foreign relations, and in May, 1846, that committee reported that there was no warrant for any claim against the United States; that the United States only be came responsible for spoliation by a foreign government when indemnity was obtained from such government, and that it should be left to the discretion of a nation when it should seek redress for its citizens against foreign governments. The committee there fore recommended a resolution that it be discharged from further consideration of the matter. The ruling against the claimants re mained undisturbed for some four years. Then Mr. Clayton, Secretary of State, re opened the case, and instructed our min ister at Lisbon to give it his earliest attention. He did so and demanded a final decision as early as the istof October, 1850. On the 29th of September the Portuguese government replied, arguing that the report of the governor was written in great excite ment as to matters which he did not per sonally see; that it was based on the state ments of the American consul, and that the communication made to the British minister by the Portuguese government had no greater force than the report of the governor on which it was founded; that the British boats were unarmed, according to the statements of the British commander and the lieutenant in charge. The Portu guese minister in Washington also argued that his country was the victim of both belligerents, that she was not bound to have every place in her dominions fortified so as to enforce neutrality against any belligerent. Later the Portuguese government offered to arbitrate all the claims of the United States. In 1850 Mr. James B. Clay, of
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Kentucky, eldest son of Henry Clay, was our representative at Lisbon. He was instructed that the President would not refer the matter to arbitration; that the answer of this country would be sent by a "man of war "; that if after waiting a reason able time for adjustment none was made, our minister would demand his passports, and that he might wait for the Portuguese decision twenty days or longer if necessary. When the instructions arrived upon the "man of war," Mr. Clay addressed the Portuguese government, and that govern ment acceded to the payment of the other claims made against it but made a sole exception as to those arising from the destruc tion of the General Armstrong. Mr. Clay replied that all the claims were believed to be just, and none more so than that of the privateer, and that he was not allowed to entertain any proposition which did not include the adjustment of every claim. He demanded his passports, and on July i3th they were sent him, with expressions of re gret and a suggestion that the refusal to submit the claim, as had been proposed, for arbitration caused doubts as to its justice. When these transactions were reported at Washington, President Taylor was dead and Mr. Webster was again Secretary of State. Mr. Webster, for the preservation of relations of amity with Portugal and to bring matters to a close, accepted the pro posal, and a treaty was concluded for the settlement of all other claims between the nations by the payment of $9 1, 7 2 7 by Portu gal and for the submission of the claim as to the General Armstrong to arbitration. It was agreed that the claim of the American government for the captain, officers, and crew of the privateer should be submitted to the sovereign or chief of some nation in amity with both of the high contracting parties, that copies of the correspondence between the nations on the subject should be laid before the arbiter, and that his de cision should be binding. The United States suggested that the
