204 THE TREATY OF WASHINGTON. 



claims of the Government of the United States and of the Gov 

 ernment of Her Britannic Majesty shall be submitted to the 

 arbitration and award of His Majesty the Emperor of Germany, 

 who, having regard to the above-mentioned Article of the said 

 Treaty, shall decide thereupon, finally and without appeal, 

 which of those claims is most in accordance with the true in 

 terpretation of the Treaty of June 15,1846.&quot; 



Subsequent articles prescribe that the question 

 shall be discussed at Berlin by the actual diplomatic 

 Representatives of the respective Governments, either 

 orally or by written argument, as and when the Arbi 

 trator shall see fit, either before the Arbitrator him 

 self, or before a person or persons named by him for 

 that purpose, and either in the presence or the absence 

 of eitheii or both Agents. 



A previous arrangement in a treaty negotiated by 

 the Earl of Clarendon and Mr. Johnson for referring 

 the subject to the arbitration of the President of the 

 Swiss Confederation had been rejected by the Senate 

 of the United States, not on account of any objection 

 to the particular arbitrator, but for other considera 

 tions. 



There is good cause for the suggestion of Lord Mil 

 ton that the Senate of the United States considered 

 our &quot; right to the disputed territory so extremely clear 

 that it ought not to be submitted to arbitration.&quot; 

 That, indeed, is the tenor of Senator Howard s speech 

 on the subject, the publication of which was author 

 ized by the Senate. Such a view of a question of 

 right may be admissible on the part of a private in 

 dividual, who, in a clear case, may prefer a suit at law 

 in the courts of his country to arbitration ; but it is 



