No. 98.
Mr. Fish to General Schenck.
Washington, June 9, 1872.
Tour telegram received at midnight. The proposal contained in Lord Granville’s note of yesterday cannot be accepted by this Government. In my dispatch of June 2 I said that in the opinion of this Government the Arbitrators have the power to adjourn either on their own motion or on that of either party, and that if the arguments be put in on both sides on 15th, and Great Britain moves for an adjournment, we will assent, but we cannot be parties to a joint application for adjournment. This Government has no reason to ask an adjournment, and if it abstain from resisting a motion to adjourn, it will do so from courtesy to Great Britain. Nor can this Government directly or indirectly be a party to an agreement or understanding whereby Great Britain is to submit her argument to the Tribunal conditionally or under any protest or reservation. [Page 567] 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.