Chapter 4

"I feel anything but exultation at present,--rather the opposite sensation. I feel that I am placed higher than I deserve, and at the same time that I am taking greater responsibilities than ever were assumed by me before. You will be indulgent to my mistakes and shortcomings,--and who can expect to avoid them? But the world will be cruel, and the times are threatening. I shall do my best,--but the best may be poor enough,--and keep 'a heart for any fate.'"

XXI.

1869-1870. AEt. 55-56.

RECALL FROM THE ENGLISH MISSION.--ITS ALLEGED AND ITS PROBABLE REASONS.

The misgivings thus expressed to me in confidence, natural enough in one who had already known what it is to fall on evil days and evil tongues, were but too well justified by after events. I could have wished to leave untold the story of the English mission, an episode in Motley's life full of heart-burnings, and long to be regretted as a passage of American history. But his living appeal to my indulgence comes to me from his grave as a call for his defence, however little needed, at least as a part of my tribute to his memory. It is little needed, because the case is clear enough to all intelligent readers of our diplomatic history, and because his cause has been amply sustained by others in many ways better qualified than myself to do it justice. The task is painful, for if a wrong was done him it must be laid at the doors of those whom the nation has delighted to honor, and whose services no error of judgment or feeling or conduct can ever induce us to forget. If he confessed him, self-liable, like the rest of us, to mistakes and shortcomings, we must remember that the great officers of the government who decreed his downfall were not less the subjects of human infirmity.

The outline to be filled up is this: A new administration had just been elected. The "Alabama Treaty," negotiated by Motley's predecessor, Mr. Reverdy Johnson, had been rejected by the Senate. The minister was recalled, and Motley, nominated without opposition and unanimously confirmed by the Senate, was sent to England in his place. He was welcomed most cordially on his arrival at Liverpool, and replied in a similar strain of good feeling, expressing the same kindly sentiments which may be found in his instructions. Soon after arriving in London he had a conversation with Lord Clarendon, the British Foreign Secretary, of which he sent a full report to his own government. While the reported conversation was generally approved of in the government's dispatch acknowledging it, it was hinted that some of its expressions were stronger than were required by the instructions, and that one of its points was not conveyed in precise conformity with the President's view. The criticism was very gently worded, and the dispatch closed with a somewhat guarded paragraph repeating the government's approbation.

This was the first offence alleged against Mr. Motley. The second ground of complaint was that he had shown written minutes of this conversation to Lord Clarendon to obtain his confirmation of its exactness, and that he had--as he said, inadvertently,--omitted to make mention to the government of this circumstance until some weeks after the time of the interview.

He was requested to explain to Lord Clarendon that a portion of his presentation and treatment of the subject discussed at the interview immediately after his arrival was disapproved by the Secretary of State, and he did so in a written communication, in which he used the very words employed by Mr. Fish in his criticism of the conversation with Lord Clarendon. An alleged mistake; a temperate criticism, coupled with a general approval; a rectification of the mistake criticised. All this within the first two months of Mr. Motley's official residence in London.

No further fault was found with him, so far as appears, in the discharge of his duties, to which he must have devoted himself faithfully, for he writes to me, under the date of December 27, 1870: "I have worked harder in the discharge of this mission than I ever did in my life." This from a man whose working powers astonished the old Dutch archivist, Groen van Prinsterer, means a good deal.

More than a year had elapsed since the interview with Lord Clarendon, which had been the subject of criticism. In the mean time a paper of instructions was sent to Motley, dated September 25, 1869, in which the points in the report of his interview which had been found fault with are so nearly covered by similar expressions, that there seemed no real ground left for difference between the government and the minister. Whatever over-statement there had been, these new instructions would imply that the government was now ready to go quite as far as the minister had gone, and in some points to put the case still more strongly. Everything was going on quietly. Important business had been transacted, with no sign of distrust or discontent on the part of the government as regarded Motley. Whatever mistake he was thought to have committed was condoned by amicable treatment, neutralized by the virtual indorsement of the government in the instructions of the 25th of September, and obsolete as a ground of quarrel by lapse of time. The question about which the misunderstanding, if such it deserves to be called, had taken place, was no longer a possible source of disagreement, as it had long been settled that the Alabama case should only be opened again at the suggestion of the British government, and that it should be transferred to Washington whenever that suggestion should again bring it up for consideration.

Such was the aspect of affairs at the American Legation in London. No foreign minister felt more secure in his place than Mr. Motley. "I thought myself," he says in the letter of December 27, "entirely in the confidence of my own government, and I know that I had the thorough confidence and the friendship of the leading personages in England." All at once, on the first of July, 1870, a letter was written by the Secretary of State, requesting him to resign. This gentle form of violence is well understood in the diplomatic service. Horace Walpole says, speaking of Lady Archibald Hamilton: "They have civilly asked her and grossly forced her to ask civilly to go away, which she has done, with a pension of twelve hundred a year." Such a request is like the embrace of the "virgin" in old torture-chambers. She is robed in soft raiment, but beneath it are the knife-blades which are ready to lacerate and kill the victim, if he awaits the pressure of the machinery already in motion.

Mr. Motley knew well what was the logical order in an official execution, and saw fit to let the government work its will upon him as its servant. In November he was recalled.

The recall of a minister under such circumstances is an unusual if not an unprecedented occurrence. The government which appoints a citizen to represent the country at a foreign court assumes a very serious obligation to him. The next administration may turn him out and nothing will be thought of it. He may be obliged to ask for his passports and leave all at once if war is threatened between his own country and that which he represents. He may, of course, be recalled for gross misconduct. But his dismissal is very serious matter to him personally, and not to be thought of on the ground of passion or caprice. Marriage is a simple business, but divorce is a very different thing. The world wants to know the reason of it; the law demands its justification. It was a great blow to Mr. Motley, a cause of indignation to those who were interested in him, a surprise and a mystery to the world in general.

When he, his friends, and the public, all startled by this unexpected treatment, looked to find an explanation of it, one was found which seemed to many quite sufficient. Mr. Sumner had been prominent among those who had favored his appointment. A very serious breach had taken place between the President and Mr. Sumner on the important San Domingo question. It was a quarrel, in short, neither more nor less, at least so far as the President was concerned. The proposed San Domingo treaty had just been rejected by the Senate, on the thirtieth day of June, and immediately thereupon,--the very next day,--the letter requesting Mr. Motley's resignation was issued by the executive. This fact was interpreted as implying something more than a mere coincidence. It was thought that Sumner's friend, who had been supported by him as a candidate for high office, who shared many of his political ideas and feelings, who was his intimate associate, his fellow-townsman, his companion in scholarship and cultivation, his sympathetic co-laborer in many ways, had been accounted and dealt with as the ally of an enemy, and that the shaft which struck to the heart of the sensitive envoy had glanced from the 'aes triplex' of the obdurate Senator.

Mr. Motley wrote a letter to the Secretary of State immediately after his recall, in which he reviewed his relations with the government from the time of his taking office, and showed that no sufficient reason could be assigned for the treatment to which he had been subjected. He referred finally to the public rumor which assigned the President's hostility to his friend Sumner, growing out of the San Domingo treaty question, as the cause of his own removal, and to the coincidence between the dates of the rejection of the treaty and his dismissal, with an evident belief that these two occurrences were connected by something more than accident.

To this, a reply was received from the Secretary of State's office, signed by Mr. Fish, but so objectionable in its tone and expressions that it has been generally doubted whether the paper could claim anything more of the secretary's hand than his signature. It travelled back to the old record of the conversation with Lord Clarendon, more than a year and a half before, took up the old exceptions, warmed them over into grievances, and joined with them whatever the 'captatores verborum,' not extinct since Daniel Webster's time, could add to their number. This was the letter which was rendered so peculiarly offensive by a most undignified comparison which startled every well-bred reader. No answer was possible to such a letter, and the matter rested until the death of Mr. Motley caused it to be brought up once more for judgment.

The Honorable John Jay, in his tribute to the memory of Mr. Motley, read at a meeting of the New York Historical Society, vindicated his character against the attacks of the late executive in such a way as to leave an unfavorable impression as to the course of the government. Objection was made on this account to placing the tribute upon the minutes of the society. This led to a publication by Mr. Jay, entitled "Motley's Appeal to History," in which the propriety of the society's action is questioned, and the wrong done to him insisted upon and further illustrated.

The defence could not have fallen into better hands. Bearing a name which is, in itself, a title to the confidence of the American people, a diplomatist familiar with the rights, the customs, the traditions, the courtesies, which belong to the diplomatic service, the successor of Mr. Motley at Vienna, and therefore familiar with his official record, not self-made, which too commonly means half-made, but with careful training added to the instincts to which he had a right by inheritance, he could not allow the memory of such a scholar, of such a high-minded lover of his country, of so true a gentleman as Mr. Motley, to remain without challenge under the stigma of official condemnation. I must refer to Mr. Jay's memorial tribute as printed in the newspapers of the day, and to his "Appeal" published in "The International Review," for his convincing presentation of the case, and content myself with a condensed statement of the general and special causes of complaint against Mr. Motley, and the explanations which suggest themselves, as abundantly competent to show the insufficiency of the reasons alleged by the government as an excuse for the manner in which he was treated.

The grounds of complaint against Mr. Motley are to be looked for:--

1. In the letter of Mr. Fish to Mr. Moran, of December 30, 1870.

2. In Mr. Bancroft Davis's letter to the New York "Herald" of January 4, 1878, entitled, "Mr. Sumner, the Alabama Claims and their Settlement."

3. The reported conversations of General Grant.

4. The reported conversations of Mr. Fish.

In considering Mr. Fish's letter, we must first notice its animus. The manner in which Dickens's two old women are brought in is not only indecorous, but it shows a state of feeling from which nothing but harsh interpretation of every questionable expression of Mr. Motley's was to be expected.

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, illustrating, 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 illustrious 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 passions 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 document, 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 passage 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 circumstance 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:--