Earl Granville's proposal for joint applica-

tion to Tribunal for an adjournment for

eight months cannot be accepted by this

Government. This Government cannot

be a party, directly or indirectly, to an

agreement whereby Great Britain is to

submit her argument to the Tribunal

conditionally. Inform Mr. Davis of pres-

ent condition of negotiation between the

two Governments....

Instruct Agents and Counsel to be in Ge-

neva on 15th. If necessary, notify Arbi-

trators that you will be there to deliver

argument and proceed according to

Treaty. Should such notice as Granville's

note indicates be given, a decided protest

must be entered against any qualified or

conditional appearance before the Tri-

bunal......

Page.

566

567

Incloses copy of letter addressed by him to

each of the Arbitrators stating that

United States will be represented on 15th

instant, pursuant to adjournment and

prepared to present argument.......................... 56-

Transmits text of note from Earl Granville
to effect that Her Majesty's Government
will ask for an adjournment of the Tri-
bunal for such a period as will enable
them to make a supplementary conven-
tion with the United States...

Informing Mr. Fish that he has acknowl-

edged Earl Granville's note, the one

above referred to.....

Transmits portion of a note from Earl Gran-

ville of 11th instant. British Govern-

ment believe that they have met all the

objections which have been advanced by

United States. If the United States be-

lieve that certain cases are not covered

by the last proposed form of article, and

will state what the cases are, there is no

doubt but that the two Governments can

agree upon a form of words which will

not be open to the same objection as that

of the Senate amendment....

Transmits copy of correspondence with

Foreign Office, also reports of proceedings

in both Houses of Parliament, and arti-

cles from leading journals showing anxi-

ety and excitement there occasioned by

imminent prospect of the failure of the

Arbitration at Geneva. Inclosure 6 re-

ferred to in No. 72 is a recapitulation of

the negotiations which have passed with

respect to the supplementary Treaty ar-

ticle

Telegraph Mr. Davis that if arguments are

filed in good faith without offensive no-

tice, we will assent to their motion for

adjournment..

56-

569

569

570

575

As to time necessary to consider a supple-

mentary convention in case the Arbitra-

tors inquire how long an adjournment is

requested in note which is to be pre-

sented
575

Page.

act as Her Majesty's Counsel, must be

guided by his advice in all proceedings. 576

If any circumstances should occur not pro-

vided for while endeavoring to obtain an

adjournment should ask instructions... 576

Reports arrival at Geneva; meeting of Tri-
bunal fixed at 12 o'clock, 15th instant.. 575

Our argument presented. British Agent in-

structed to withhold British argument.

Tribunal adjourns till Monday..

577

577

If there is to be an adjournment let it be

not beyond 1st of January. The President

sees no objection to such adjournment if

asked for by the defendants....

The Tribunal will, this morning, make dec-

laration to the effect that they do not

propose to express or imply any opinion

upon the points of difference between the

two Governments, but it seems to them

obvious that the proposed adjournment,

instead of settling the questions in dis-

pute, will have a tendency to make the

Arbitration abortive; they therefore

make the declaration that after a careful

perusal of all that has been urged by the

United States in favor of indirect claims,

they have arrived at the conclusion that

these claims do not constitute, upon the

principles of international law applicable

to such cases, good foundation for an

award of compensation, and should, upon

such principle, be wholly excluded from

the consideration of the Tribunal....... 577

Counsel are of opinion that announcement

this day made by the Tribunal must be

received by the United States as deter-

minative of its judgment upon the ques-

tion of public law involved. They ad-

vise that claims covered by this declara-

tion be withdrawn from further consid-

eration by the Tribunal.....

Telegraph Mr. Davis that the President ac-

cepts the declaration of the Tribunal as

its judgment upon a question of public

law which he felt that the interest of

both Governments required should be

decided. United States had no desire for

a pecuniary award, but desired an ex-

pression by the Tribunal as to the liabil-

ity of a neutral for claims of that char-

acter. The President consequently with-

draws from the consideration of the Tri-

bunal the three classes of indirect claims

before referred to.....

578

578

Page.

117. Gen. Schenck to Mr. Fish.

(Telegram.)

June 27, 1872.

118. Mr. Davis to Mr. Fish.

(Telegram.) June 27, 1872.

119. Earl Granville to Lord Tenterden.

July 1, 1872.

120. Gen. Schenck to Mr. Fish...........

Aug. 12, 1872.

121. Mr. Fish to Gen. Schenck..

Aug. 31, 1872.

122. Sir E. Thornton to Mr. Fish............

Oct. 17, 1872.

123. Mr. Fish to Sir E. Thornton...

Oct. 22, 1872.

124. Gen. Schenck to Mr. Fish...

Feb. 7, 1873.

125. Mr. Fish to Gen. Schenck...

Feb. 20, 1873.

126. Gen. Schenck to Mr. Fish...

March 6, 1873.

Her Majesty's approval of his proceedings

at Geneva, Valuable assistance rendered

by Sir R. Palmer. Conciliatory spirit

shown by American colleagues...

Forwards copies of Queen's speech. Her

Majesty made to say that the declaration

of the Arbitrators on subject of claims

for indirect losses, is entirely consistent

with views announced by her at opening

of the session. Ground then taken was

that United States had put forward cer-

tain claims which Her Majesty's Govern-

ment held not to be within scope of the

Treaty

Acknowledges above dispatch. In the cor-

respondence which ensued the United

States contended in effect that all the

claims presented were within the proper

jurisdiction of the Tribunal, and that

they could be disposed of only on judg-

ment or award of the Arbitrators. The

action of the Tribunal looks very much

like taking cognizance of them.......

Her Majesty's acknowledgments for care

and attention which Mr. Adams be-

stowed on important matters with which

he was called upon to deal, and high ap-

preciation of his ability and indefatiga-

ble industry..

Acknowledges above. President gratified

with the intelligence of Her Majesty's

appreciation of the manner in which Mr.

Adams has discharged the high duties

intrusted to him......

580

580

581

581

582

584

585