The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-12
TEE QUESTION IN WASHINGTON.
The British Governments Latest Effort to Stay
the Arbitration-Letter from Granville-The
Matter as It Now Stands-Indirsct
Claims Still in Our Case.
WASHINGTON, June IL, 1872.


from Earl Granville to the effect that the instruc-
tons sent to Minister Schenck in reply to the pro.
posal contained in his note to the American Minis
ter in regard to the proceedings at Geneva on the
18th inst. had been the subject of discussion at a
PRoTRAcrED SESSION or THE CABINET
to-day. when it was finally decided to address Mr..
schenck another note, which would be the basis Of
his explanation in the House of Lords this evening
The note to General schenck is as folows-
ENGLANDs sINGLE,HANDED ALTERNATIVE.
SIR-Her Majesty's government understood that
the government OF the United States decline any
further agreement between the two governments,
unless the government of Her Majesty consent to
sign the supplemental article as altered by the
Senate, to which her Majesty's government have
stated their objections, or unless they agree,
without any declaration as to their doing so,
sub nodo to take further step in the proceedings
before the arbitrators while n misunderstanding
exists as to what both parties agree to submit TO
arbitration. Mr.. Fish states to you that the gov
eminent of the United States have no reason to ask
for an adjournment of the arbitration at Geneva.
The reason which actuated Her Maestys
government in proposing it was to obtain
time for the conclusion OF an agreement at which
both parties had already nearly arrived. Her
Majestys government will have now to consider
what may be the course most consistent with the
declarations they have heretofore made, most
respectful to the tribunal OF arbitration and the
most courteous to the United States. The British
arbitrator will repair to Geneva and at the meet
| ing OF the tribunal the British agent will be d.
rected to present them statement to the following
| effect:-
| ENGLAND TO THE ARBTRAroRs:- Her Maestys
government regret to be under the necessity of in
forming the arbitrator that the difference between
Her Majestys government and the government Of
the United States referred to in the note which ac-
companied the presentation Of the British counter
case the 18th of April last has not yet been re-
moved. Her Majesty's government have how
ever, been engaged In negotiations with the
government OF the United States, which
have continued down to the present
time, for the solution OF the difficulty
which has thus arisen, and they do not abandon the
hope that II further time were given for that pur
pose such solution might be found practicable.
Under these circumstances the course which
Her Majesty's government would respect
| fully request the tribunal to take is to
| adjourn the present meeting for such
| period as may enable supplementary conven-
ton to be still concluded and ratified between
| the high contracting parties. In the meantime,
the high contracting parties, not being in accord
to the subject matter of the reference to arbitration
Her Majestys government regret to find themselves
unable to deliver the written argument which
! their agent Is directed to put in under the fifth
article of the treaty, although that argument has
been duly prepared and is in the hands OF their
agent, to take any other step at the present
time in the intended arbitration 1t will, OF course,
be understood by the tribunal that Her Maesty's
government, while they would consider the Trbu-
nal to have full power to proceed at the end of the
period of adjournment If the difference between
the high contracting parties should then have been
removed, Notwithstanding the non-delivery on this
day OF the argument by the British agent, con-
tinue, while requesting this adjournment, to re-
serve all Her Majesty's rights In the event Of an
agreement being finally arrived at in the same man.
ner as was expressed in the note which accom-
panied the British counter case.
BRITISH MODIFICATION.
II will thus be seen that the British Ministry have
very greatly modified their intention,
set forth In the note handed General Schenck
on Saturday and printed In these de-
spatches yesterday. This is attributed to the
decided language in the instructions sent to Gen.
eral Schenck, published In this mornings HERALD,
and which were communicated to Earl Granville
yesterday. The only question now at issue be-
tween the two governments, so far as the meeting
OF the arbitrator on the 18th is concerned, is
THE OBLIGATION UNDER THE TREATY
OF Great Britain to present her argument to the
arbitrators Internationally. On the 7th instant
Mr. Fish, in reply to the suggestion from General
Schenck that the British government were advised
by the Crown lawyers that the presentation OF the
arguments required under the fifth article OF the
treaty could be deferred by mutual request, sald:-
''The government of the United States
CANNOT ADOPT THE ARGUMENT
OF Lord Granville respecting the putting in OF the
argument of both governments on the 18th. We
think the treaty requires it to be done, and that
| the requirement can be dispensed with only
by treaty. Anticipating that such &C.
ton might be necessary, Earl Granville
notified Secretary Fish on the LIST inst. that
Sir Edward Thornton was provided with full power
to sign treaty for the purpose of
EXTENDING THE TINE OF FILING THE ARGUMENTS
which could had 1t been done at the time suggested
have been ratified by the Senate, but that time
has passed. After the note agreed upon
to-day by the British Minister had been
to our government, Mr.. schenck informed Earl
Granville that he had transmitted the note to his
government, and that he could not doubt that 1t
would be received and considered in
THE SAME FRIENDLY SPIRIT
In which 1t was intended, and az
sincere effort to preserve the treaty. But,
| as most of the Senators have left
| or will leave Washington tomorrow. and as the
President and Secretary of State are both absent,
1t would be impossible to convene the Senate in
time for action on any proposition requiring its
ratification before the meeting OF the tribunal on
Saturday.
The nth article Of the treaty Ia as follows:-
FIFTH ARTICLE.
1t shall be the duty OF the agent OF each party,
within two months after the expiration OF the time