tion. The obligations of the Treaty are reciprocal, and no right is reserved to either Government of any qualified action while the other is fulfilling the spirit and the letter of the Treaty. The United States will feel itself bound to protest against a conditional presentation of the argument on the part of Great Britain, or any assumed reservation of right on her part to withdraw.

If the British Government have the right or the desire to withdraw from the arbitration, or to cancel the appointment of their Arbitrator, they must do so without asking the consent of this Government.

If such notice of withdrawal as is suggested in Lord Granville's note be given, it will be the duty of the American Agent and Counsel to repel it very decidedly, and in terms which self-respect will make necessary. Such notice would instantly terminate all further negotiations on the part of this Government. You will send to Davis copy of the proposed Article, and inform him fully of the present condition of the negotiation between the two Governments, and you will send a copy of your telegram of yesterday and of this reply, and will keep him advised of any further correspondence or proceedings. Send copies of all the recent correspondence necessary to inform him and the Counsel of what has been done.

No. 99.

Mr. Fish to Mr. Davis.

[Telegram.]

FISH.

DEPARTMENT OF STATE,

Washington, June 9, 1872.

You and the Counsel should be in Geneva on 15th regardless of any action which Great Britain may be supposed to be likely to take. If deemed necessary, notice must be given to Arbitrators that you will be there to deliver argument and to proceed according to the Treaty. I have telegraphed Schenck to send you full information of present state of negotiations, with copies of recent correspondence, and especially of a note of Granville and of my reply of this date. Should any notice such as is indicated in Granville's note be given, a decided protest must be entered against any qualified or conditional appearance before the Tribunal. The course and the notice suggested by Granville will be not only a failure to observe her treaty obligations with this Government on the part of Great Britain, but will also be an indignity to the friendly Powers who have appointed Arbitrators to attend a Tribunal before which two parties are to appear in good faith. Use calm and measured language, avoiding menace or irritation in whatever is said. You will communicate this and other telegrams, and all information received from Schenck to Counsel, who will consider them addressed to them, and will please regulate their course accordingly. In the very great uncertainty as to the course which England intends to observe, it is difficult, if not impossible, to give instructions to meet the contingencies which may arise. If Great Britain put in her argument on 15th without any offensive notice, and then moves for an adjournment, you and Counsel on our side will say that the United States do not object to the adjournment.

FISH.

No. 100.

Mr. Davis to Lord Tenterden.

PARIS, June 10, 1872. (Received June 11.)

MY LORD: I have the honor to transmit herewith, for your Lordship's information, a copy of a letter this day addressed by me to each of the Arbitrators in the Tribunal of Arbitration constituted under the provisions of the Treaty concluded at Washington, May 8, 1871, between the United States and Her Britannic Majesty.

I have, &c.,

J. C. BANCROFT DAVIS.

[Inclosure in No. 100.]

Mr. Davis to M. Sclopis.1

PARIS, June 10, 1872.

SIR: I have received from my Government instructions, in order to avoid possible misapprehensions, to inform you that the United States will be present, by their Agent and Counsel, at the Hotel de Ville, in Geneva, on the 15th instant, pursuant to the order of adjournment made by the Tribunal on the 16th day of December last, and will then and there be prepared to present their argument, in accordance with the requirements of the Treaty of May 8, 1871, and to hold themselves subject to such further directions of the Tribunal as may be made, under the provisions of the Treaty, upon the issues raised by the various papers which have been presented under the Treaty by the two Governments, now in the possession of the Tribunal.

I have, &c.,

No. 101.

J. C. BANCROFT DAVIS.

General Schenck to Mr. Fish.

[Telegram.]

LONDON, June 11, 1872. (Received at 11.50 a. m.)

Received yesterday morning your telegram of 9th, and communicated to Lord Granville immediately all except the instructions at the close. Late last night, after a long Cabinet, he sent me the following note:

[Earl Granville to General Schenck.]

SIR: Her Majesty's Government understand that the Government of the United States decline any agreement between the two Governments, unless the Government of Her Majesty consent to sign the supplemental Article as altered by the Senate, to which Her Majesty's Government have stated their objections, or unless without any declaration as to our doing so sub modo they agree to take a further step in the proceedings before the Arbitrators, while a misunderstanding exists as to what both parties agreed to submit to arbitration. Mr. Fish states to you that the Government of the United States have no reason to ask for an adjournment of the Arbitration at Geneva. The reason which actuated Her Majesty's Government in proposing it was to obtain time for the conclusion of an agreement at which both parties had already nearly arrived. Her Majesty's Government will have now to consider what may be the course

Similar letters were addressed to Baron Itajuba, M. J. Stampfli, Mr. Adams, and the Lord Chief Justice.

most consistent with the declarations they have heretofore made most respectful to the Tribunal of Arbitration and the most courteous to the United States. The British Arbitrator will proceed to Geneva, and at the meeting of the Tribunal the British Agent will be directed to present to them a statement to the following effect:

"Her Majesty's Government regret to be under the necessity of informing the Arbitrators that the difference between Her Majesty's Government and the Government of the United States referred to in the note which accompanied the presentation of the British Counter Case on the 15th of April last, has not yet been removed. Her Majesty's Government have, however, been engaged in negotiations with the Government of the United States, which have continued down to the present time, for the solution of the difficulty which has thus arisen, and they do not abandon the hope that, if further time were given for that purpose, such a solution might be found practicable. Under these circumstances, the course which Her Majesty's Government would respectfully request the Tribunal to take is to adjourn the present meeting for such a period as may enable a supplementary convention to be still concluded and ratified between the High Contracting Parties. In the mean time the High Contracting Parties not being in accord as to the subject-matter of the reference to arbitration, Her Majesty's Government regret to find themselves unable to deliver the written argument, which their Agent is directed to put in under the fifth Article of the Treaty, (although that argument has been duly prepared and is in the hands of their Agent,) or to take any other steps at the present time in the intended arbitration. It will of course be understood by the Tribunal that Her Majesty's Government (while they would consider the Tribunal to have full power to proceed at the end of the period of adjournment if the difference between the High Contracting Parties should then have been removed, notwithstanding the non-delivery on this day of the argument by the British Agent) continue, while requesting this adjournment, to reserve all Her Majesty's rights in the event of an agreement not being finally arrived at in the same manner as was expressed in the note which accompanied the British Counter Case."

No. 102.

General Schenck to Mr. Fish.

[Telegram.]

SCHENCK.

LONDON, June 11, 1872.

(Received at 3.40 p. m.)

Have acknowledged Lord Granville's note telegraphed you this morning, saying I have transmitted it to my Government, at Washington, where I have no doubt it will be received and considered in the same friendly spirit in which it is intended, and as a sincere effort yet to preserve the Treaty between the two countries.

SCHENCK.

No. 103.

General Schenck to Mr. Fish.

[Telegram.]

LONDON, June 12, 1872-3. 45 p. m.

(Received at 10.45 p. m.)

Have this moment received another long communication' from Lord Granville. It is in a very friendly spirit. He recapitulates the history of the negotiation for a supplementary Article, and then proceeds as follows:

[Earl Granville to General Schenck.]

Her Majesty's Government believe, therefore, that they have met all the objections, so far as they have been informed of them, which have been from time to time advanced to the suggestions which they have made, and that this recapitulation of the negotia

1 For full text of this note see p. 573.

tion shows that, unless Her Majesty's Government have erred in their view of the probable intention of the Senate, the two Governments are substantially agreed, or that, if there is any difference between them in principle, it is reduced to the smallest propor

tions.

On the other hand, the objections which Her Majesty's Government entertain, and have expressed, to the language of the amendments made by the Senate, are founded upon reasons to which they attach the greatest importance, though they think it possible that the Senate did not intend to use that language in the sense which, according to the view of Her Majesty's Government, the words properly bear.

The Government of the United States have stated in the telegraphic message from Mr. Fish, to which I have already referred, that there are some cases not provided for in the words suggested by Her Majesty's Government on the 30th of May. If the Government of the United States are of opinion that these cases are not covered by the last proposed form of Article, and will state what are the cases in question, Her Majesty's Government cannot but think that the two Governinents might probably agree upon a form of words which would meet them without being open to the objections which they have felt to the wording of the Article as proposed by the Senate. Her Majesty's Government have never put forward their words as an ultimatum, and they will be willing to consider at the proper time other words, if an adjournment is agreed upon. I shall make no reply at present to this communication, not having from you any answer to or comment on Granville's note of 10th, telegraphed yesterday morning. Have sent Davis copies of all notes and telegrams. He goes to Geneva to-morrow.

SCHENCK.

No. 254.]

No. 104.

General Schenck to Mr. Fish.

LEGATION OF THE UNITED STATES,

London, June 13, 1872. (Received June 25.) SIR: With this I transmit copies of all correspondence with the Foreign Office.

I send also reports of proceedings in both Houses of Parliament, and articles from the leading journals since that date, which will serve to inform you better than anything else could do of the excitement and anxiety here occasioned by the imminent prospect of the failure of the arbitration at Geneva.

Up to this time I am without any reply from you to my two telegrams of the 11th, and one of yesterday, (12th,) and I am, therefore, unable to inform Lord Granville whether you are willing to give any consideration to his last two communications. You have probably, however, telegraphed your further views and instructions direct to Mr. Davis. He goes from Paris to Geneva to-day, and has been furnished with copies of all notes and telegrams relating to recent negotiations and the points that have been in controversy.

I have the honor to be, sir, your obedient servant,

ROBT. C. SCHENCK.

[Inclosure 1 in No. 104.]

Earl Granville to General Schenck.

FOREIGN OFFICE, June 8, 1872.

SIR: It appears to Her Majesty's Government from a review of the correspondence between the two Governments that an agreement on the supplemental Article might probably be arrived at, if sufficient time were given for discussion. If, therefore, the

Treaty is to be maintained, an adjournment of the meeting of the Arbitrators from the 15th instant has become absolutely necessary. With this view I have the honor to propose that on the meeting of the Arbitrators on that day, a joint application shall be made for an adjournment for eight months.

If the Government of the United States concur in making an application for adjournment, it is the intention of Her Majesty's Government to deliver to the Arbitrators on the 15th instant the summary of their argument under the fifth Article of the Treaty, accompanied by a declaration of which I have the honor to inclose you a copy for the information of your Government.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

GRANVILLE.

[Inclosure 2 in No. 101.]

Sketch of draught note in presenting summary.

The undersigned Agent, of Her Britannic Majesty, has the honor to deliver herewith to Count Sclopis, &c., the printed argument, showing the points and referring to the evidence on which the Government of Her Britannic Majesty relies, as required by the fifth Article of the Treaty of Washington.

The undersigned is instructed by the Government which he represents to state that this printed argument is only delivered to the Tribunal conditionally on the adjournment requested in the note which he had the honor to address to the Tribunal this day, jointly with the Agent of the United States, being carried into effect, and subject to the notice, which the undersigned has the honor hereby to give, that it is the intention of Her Majesty's Government to cancel the appointment of the British Arbitrator, and to withdraw from the arbitration at the close of the term fixed for the adjournment, unless the difference which has arisen between the two Governments as to the claims for indirect losses referred to in the note which the undersigned had the honor to address to Count Sclopis on the 15th of April shall have been removed.

[Inclosure 3 in No. 104.]

General Schenck to Earl Granville.

LEGATION OF THE UNITED STATES,
London, June 8, 1872.

MY LORD: I have received this evening (7.30 p. m.) your note of to-day's date, communicating for the information of my Government a copy of a sketch of draught note to be used in presenting to the Arbitrators a summary of their argument on the 15th instant, such draught note being based on a proposed application for an adjournment of the arbitration for eight months.

I shall immediately transmit your note and the inclosure by telegraph to Mr. Fish. I have the honor to be, with the highest consideration, your Lordship's most obedient servant,

ROBERT C. SCHENCK.

[Inclosure 4 in No. 104.]

Earl Granville to General Schenck.

FOREIGN OFFICE, June 10, 1872. SIR: Her Majesty's Government understand that the Government of the United States decline any agreement between the two Governments, unless the Government of Her Majesty consent to sign the supplemental Article as altered by the Senate, to which Her Majesty's Government have stated their objections, or unless they agree, without any declaration as to their doing so sub modo to take a further step in the proceeding before the Arbitrators, while a misunderstanding exists as to what both parties agreed to submit to arbitration.