"He [Lord Clarendon] added with some feeling, that in his opinion it would be highly objectionable that the question should be hung up on a peg, to be taken down at some convenient moment for us, when it might be difficult for the British government to enter upon its solution, and when they might go into the debate at a disadvantage. These were, as nearly as I can remember, his words, and I replied very earnestly that I had already answered that question when I said that my instructions were to propose as brief a delay as would probably be requisite for the cooling of passions and for producing the calm necessary for discussing the defects of the old treaty and a basis for a new one. The United States government had no insidious purposes," etc.
Is it not evident that Lord Clarendon suggested the idea which Mr. Motley repelled as implying an insidious mode of action? Is it not just as clear that Mr. Fish's way of reproducing the expression without the insinuation which called it forth is a practical misstatement which does Mr. Motley great wrong?
One more example of the method of wringing a dry cloth for drops of evidence ought to be enough to show the whole spirit of the paper.
Mr. Fish, in his instructions:—
"It might, indeed, well have occurred in the event of the selection by lot of the arbitrator or umpire in different cases, involving however precisely the same principles, that different awards, resting upon antagonistic principles, might have been made."
Mr. Motley, in the conversation with Lord Clarendon:—
"I called his lordship's attention to your very judicious suggestion that the throwing of the dice for umpires might bring about opposite decisions in cases arising out of identical principles. He agreed entirely that no principle was established by the treaty, but that the throwing of dice or drawing of lots was not a new invention on that occasion, but a not uncommon method in arbitrations. I only expressed the opinion that such an aleatory process seemed an unworthy method in arbitrations," etc.
Mr. Fish, in his letter to Mr. Moran:—
"That he had in his mind at that interview something else than his letter of instructions from this department would appear to be evident, when he says that 'he called his lordship's attention to your [my] very judicious suggestion that the throwing of dice for umpire might bring about opposite decisions.' The instructions which Mr. Motley received from me contained no suggestion about throwing of dice.' That idea is embraced in the suggestive words 'aleatory process' (adopted by Mr. Motley), but previously applied in a speech made in the Senate on the question of ratifying the treaty."
Charles Sumner's Speech on the Johnson-Clarendon Treaty, April 13, 1869: