No. 36.
Mr. Fish to General Schenck.
All the propositions made by the British Government involve covertly, probably without design, what this Government cannot agree to, namely, the withdrawal from the province of the Tribunal what we believe to be entirely within their competence. I need not repeat our conviction that the Arbitrators have the right to decide whether the claims to which Great Britain objects are or are not admissible, and that the United States will be content to abide their decision, whether favorable or adverse to that class of claims.
The proposition of the British Government is upon the basis that the view which they have heretofore presented shall be a principle of future action and conduct. The view which they have presented is not a principle, but an opinion as to the construction of a specific treaty, and is applicable only to one pending difference on an incidental and temporary question, and cannot be a principle of future action. This Government holds a directly opposite view with regard to the competence of the Tribunal to consider the validity of the claims, and, although sincerely desirous of coming to an honorable understanding, cannot adopt the British view, or make it the basis of a reciprocal engagement.
In my telegram of yesterday I explained that the President cannot, and will not, withdraw any part of what has been submitted within his construction of the intent and spirit of the Treaty. If the British Government persists in their demand, the responsibility of whatever failure of the Treaty may ensue must rest with them, as you will have advised them of the impossibility, resulting as well from the constitutional inability of the President to withdraw what this Government is of opinion has been submitted within the intent and meaning of the Treaty, as from his unwillingness to compromise the rights and the dignity of the Government by yielding to a demand not founded on right or sustained by any valid construction of the Treaty.
He hopes, however, that the British Government may see the way to [Page 494] maintain the Treaty in the suggestion of a new article, as mentioned in my telegram of yesterday. Should they not adopt this suggestion, the inference will be almost unavoidable that they have deliberately determined to abrogate the Treaty. If, however, they adopt the suggestion, you may say that the probability is that Congress will adjourn about the latter part of this month. Time may be saved, therefore, if negotiations on this point should be conducted here rather than in London. If they desire such negotiations, it may be advisable to save time that they give instructions to their Minister here.
You will keep me advised as to the probable action of the British Government, so that the President may communicate the correspondence to Congress on Monday, in case the British Government intends to break the Treaty.