204 THE TREATY OF WASHINGTON. 



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

 ernment of Ilcr Britannic Majesty shall be submitted to the 

 arbitration and award of His Majesty the Emperor of Germany, 

 -who havino- 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." 



Subsequent articles prescribe that the question 

 shall be discussed at Berlin by the actual diplomatic 

 Kepresentatives of the respective Governments, either 

 orally or by written argument, as and Avhen 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 either or both Agents. 



A pret^ious 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 " right to the disputed territory so extremely clear 

 that it oujxht not to be submitted to arbitration." 

 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 



