No. 85.
General Schenck to Mr. Fish.
I found this morning I had partly misunderstood Lord Granville.
Her Majesty’s Government are of opinion that the Arbitrators must meet on the 15th, but that it is not necessary for the Agents to present the arguments at that time. Such delivery of arguments they think may, by joint agreement, be postponed. This conclusion was under advice of Sir Roundell Palmer. I asked Lord Granville if he would consider this point again when in Cabinet to day, and tell me how they thought the parties could proceed under the fifth Article without such delivery of arguments. It seemed to me that the Arbitrators need not necessarily assemble then any more than they did to receive the Counter Cases. Perhaps, however, the parties might, by mutual agreement, waive the presentation of arguments at that date, being a matter which related not to the Arbitrators, but to a duty to be performed by their, own Agents.
He has just sent me the following communication:
[Earl Granville to General Schenck.]
Sir: In reply to the question which you put to me this morning, I have to state to” you that Her Majesty’s Government consider that the Arbitrators must no doubt meet on the 15th of June, but the fifth Article of the Treaty, though it contemplates the delivery of written arguments on that day, does not make the further prosecution of the arbitration impossible, if on that day neither party presents any written argument. The Arbitrators have full power to adjourn, and they have also full power to call, after the 15th, for any further statements or arguments, written or oral, from time to time as they may think fit. If, therefore, both parties agree not to present any argument till a later day than the 15th, requesting the Arbitrators to adjourn, and if the Arbitrators should, on any day to which they may have adjourned, accept the argument which both parties may then wish to tender to them, this will be quite within their power.