Mr. Seward to Mr. Johnson
Cipher telegram received.
We definitively propose what follows on claims:
Substitute protocol for convention; but this not indispensable. Protocol to be signed here, not London; but this not indispensable. Date to be day of signature.
Article I, paragraph first—Amend, “by and with advice and consent of the Senate.”
Article I, paragraph second—Instead of “London,” “Washington.”
Article I, paragraph third—Substitute following: “The commissioners shall then, and before proceeding to any other business, name some person to act as an arbitrator or umpire, to whose final decision shall be referred any claim upon which they may not be able to come to a decision. In the case of any and every claim, the arbitrator or umpire may be the head of a friendly sovereign state or nation. In naming or agreeing upon an arbitrator or umpire, the commissioners on each side may refer themselves to their own government for instructions; and the contracting parties will, in such case, within six months after notice of such reference shall have been given, decide upon such arbitrator or umpire, and instruct their commissioners accordingly. If it shall happen, nevertheless, that at the expiration of the period of six months before named no person, the head of a sovereign state or otherwise, has been agreed upon as arbitrator or umpire, then and in that case the commissioners [Page 393] on each side shall name a person, the head of a sovereign state, or otherwise, as arbitrator or umpire. And in each and every case in which the commissioners shall not be able to come to a decision, they shall determine by lot which of any two persons so named shall be the arbitrator or umpire in that particular case, the person first so drawn by lot being regarded as the choice of the commissioners. The person or persons so to be chosen as arbitrator or umpire, if not the head of a sovereign state or nation, shall, before proceeding to act as such in any case, make and subscribe a solemn declaration, in a form similar to that made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting or declining or ceasing to act as such arbitrator or umpire, another person shall be named, in the same manner as the person originally named, to act as arbitrator or umpire in his place and stead, and shall make and subscribe such declaration as aforesaid.”
Article II—Omit last paragraph.
Strike out articles IV, V, and VI.
Article IX—“Eighteen” months instead of “twelve.”
Article XI—Amend as before proposed.
Thornton concurs in expediency of signing here. If signed here, all three protocols go to Senate January 5.
Reverdy Johnson, Esq., &c., &c., &c.