No. 33.
Mr. Fish to General Schenck.
The President earnestly desires to do everything consistent with his duty to the country and with the great interests to the future of both Governments, and to the principles so important to civilization as are involved in the Treaty, to avoid the possibility of its failure. This Government is of opinion that the submission of what are called the indirect claims is within the intent of the Treaty, and that the consideration of those claims is within the province of the Tribunal. The President alone has not the power to change or alter the terms or the principles of a treaty. He is of the opinion that the suggestion expressed in my instruction of 27th April went to the extent of his authority, acting without the assent of the Senate. The proposal submitted in your telegram of last evening is based upon a theory antagonistic to this principle.
The President is anxious to exhaust all proper efforts to reach a settlement of the important questions and the vast interests to two States, submitted to the Tribunal of Arbitration, if it can be done without the sacrifice of a principle and consistently with the dignity and the honor of the Government.
He will, therefore, be willing to consider, and, if possible, will present for the consideration of the Senate, any new article which may be proposed by the British Government, which, while it settles the principle involved in the presentation of what are called the indirect claims, will remove the differences which have arisen between the two Governments in their constructions of the Treaty.