No. 99.
Mr. Fish to Mr. Davis.
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.