No. 40.
General Schenck to Mr. Fish.
In a long interview with Lord Granville, this evening, I fully presented and urged the reviews and positions contained in your telegram of yesterday. I find this Government makes a great and [Page 497] apparently insuperable objection to the adoption of a new Article, on the ground that the language describing consequential damages must necessarily be so broad that it would probably commit both Governments beyond what they would either of them wish to be bound. They prefer an interchange of notes, because by that form they can narrow the agreement so as to relate only to the actual points or subjects of difference. I have stated decidedly, as to any interchange of notes, that the President, without the assent, of the Senate, will not go beyond the suggestion made in your telegram of April 27. Lord Granville seems to think that, so far as the difficulty for want of constitutional power is concerned, the President might perhaps be willing to submit notes to the Senate for their advice. Would he do that?
I asked Lord Granville, as you instructed me, to agree, in order to save time, that negotiation on this point may be conducted at Washington, but he declines. It would relieve me from a painful responsibility, increased immeasurably by having to correspond through the difficult and unsatisfactory medium of the telegraph.
His Lordship’s last words, after more than two hours’ conversation, were as follows:
I carefully avoid anything like menace; but in consequence of the views and information you have presented to me yesterday and to-day, I take an unfavorable view of the chances of any settlement.
I told him I was getting to be of the same mind.