Hamilton Fish to Robert C. Schenck, June 4, 1872

No. 87. Mr. Fish to General Schenck..

The Government of the United States differs entirely from the opinion expressed in Lord Granville’s note to you, that it is not necessary for the Agents to present the arguments of the respective Governments on the 15th.

The fifth Article of the Treaty requires that the arguments be presented within a specified time, which time will expire on the 15th.

Being a treaty requirement, the Executive Department of the Government cannot depart from its obligations, and has not the power to consent to a change of its terms.

If an adjournment is contemplated by Great Britain, with the idea of future negotiation, it is right that, with reference to the Senate Article, it should be understood that this Government cannot negotiate on a proposition which involves the idea that it may be guilty of intentional ill faith, or of willful violation of its international duties, or that it regards such acts on the part of another Power the subject of compensation by the payment of damages in money.