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.” 
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 either 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 “right to the disputed territory so extremely clear 
that it ought 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 
