(22 April, 1872) that he would move an address praying Her Majesty to give instructions that all proceedings before the Geneva Arbitrators be suspended until the claims included in the Case of the United States-"which are understood on the part of Her Majesty not to be within the province of the Arbitrators-be withdrawn." With all the serious consequences that threatened to follow upon the rupture of the Treaty, it must be admitted that what hindered the two Governments from acting together really amounted to little else than a punctilio.

After fruitless effort to reach a result by the customary diplomatic means, Great Britain suggested that the Treaty be amended, so as to remove the subject of the indirect claims from the field of controversy. It was proposed, in substance, that the United States should make no claim before the Tribunal in respect to indirect losses, while both Governments should agree that their conduct in future should be guided by the principle that the national losses stated in the Case should not be admitted as growing out of the acts committed by vessels by reason of the want of due diligence in the premises in the performance of neutral obligations.

The time was late in the session, and Congress was crowded with business. Both Houses had voted that they would adjourn on the 29th of May. But the urgency of the situation demanded that at least 1 Fitzmaurice: Life of Granville, vol. ii, p. 95.

the proposed plan be tried. Accordingly, the Government of the United States accepted the proposal.

There was an earnest effort made at Washington to carry to a successful result this eleventh-hour project. The majority (Republican) members of the Senate Committee on Foreign Relations met at the White House - an unusual proceeding-and it became fairly well known what kind of an amendment could be passed through the Senate. Unfortunately, an enterprising journal of New York City 1 had succeeded in laying hands upon a copy of certain confidential documents sent by the President to the Senate on the 13th of May, and it published the text in full. The complications thus engendered brought about the defeat of the undertaking.

A debate was carried on for a part of four days, in secret sessions of the Senate, upon the language of the Article, as to which the two Governments had come to an agreement. A proposal of so vital an importance as the formulation of terms to be adhered to in the future by the United States, in the event of war between other powers, required most rigid scrutiny, as well as a full and deliberate discussion. Finally, the Senate consented to the proposed amendment, after changing the text, not extensively, but in a material point. The change proved fatal. The Government of Great Britain did not agree; and there was no time left for further consideration by the Senate. In fact, the Senate would

1 The New York Herald.

not upon any account have receded from its position.1

The question came under discussion whether the Arguments must, under the terms of the Treaty, be submitted to the Tribunal 15 June, or whether a long adjournment could be taken, with a view of filing the Arguments at a later day. On the 8th of June, only a week before the fated day, Lord Granville is writing to General Schenck, and suggesting that an agreement on the Supplementary Article to the Treaty might be arrived at, if sufficient time were given for discussion. Thus everything was uncertain, with only a dim hope that the Arbitration would go on. Upon the eve of leaving Paris, no one could foretell what was likely to happen."

General Cushing, Mr. Evarts, and Mr. Waite, together with Mr. Beaman and the Secretaries, started from Paris in the forenoon of Thursday, the 13th, going by way of Dijon to Geneva. We dined at Dijon; and then pushed on as far as Macon, a fine old town, where we secured comfortable lodgings. We were astir betimes the next morning; when the sun had been up for two hours, we were off. We arrived at Geneva about eleven o'clock in the fore

1 Gen. Arb., vol. il, p. 526, where the reader will find the text of the proposed article in its original form, and as amended by the Senate.

For myself I hesitated about taking the trip, it being the general expectation that our party would all be back at Paris within a very few days. At the last moment I decided to go.

noon, to learn that the Arbitrators and the English party were already on the ground.

No one was likely soon to forget that period of suspense. We had come, Agent, Counsel, and a little band of young helpers-one and all girt for the contest. But who could declare that the trumpet would sound for the fray?

CHAPTER VII

THE TREATY SAVED THE ARBITRATION GOES ON

WHEN a boy I from my reading had somehow gained an idea that the scenery of Switzerland was the exclusive property of Englishmen. Those were the early days of Alpine climbing, and of the Albert Smith lecture,-long before the enormous tide of travel had set in from this side of the Atlantic, and before the "Playground of Europe" had become as familiar to Americans as Broadway or Pennsylvania Avenue. My youthful delusion, let me add, had not wholly worn away; and now that I was setting foot in the streets of Geneva, I found myself wondering whether the first John Bull in knickerbockers whom I might chance to meet would not impress one with an air of his lordly proprietorship.

Because of her political situation, remote from the influence of other powers, the negotiators of the Treaty of Washington had chosen Switzerland as the country best fitted to furnish a locality for the sessions of the great Tribunal. By way of compliment to the Swiss Federation one of their sturdiest patriots an ex-President - was asked to serve as Arbitrator. Naturally enough, their largest city came to be selected as the place where the Tribunal should hold its meetings.