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:

“In the event of failure to agree, the arbitrator is determined 'by

lot' out of two persons named by each side. Even if this aleatory

proceeding were a proper device in the umpirage of private claims,

it is strongly inconsistent with the solemnity which belongs to the

present question.”

It is “suggestive” that the critical secretary, so keen in detecting

conversational inaccuracies, having but two words to quote from a printed

document, got one of them wrong. But this trivial comment must not lead

the careful reader to neglect to note how much is made of what is really

nothing at all. The word aleatory, whether used in its original and

limited sense, or in its derived extension as a technical term of the

civil law, was appropriate and convenient; one especially likely to be

remembered by any person who had read Mr. Sumner's speech,--and everybody

had read it; the secretary himself doubtless got the suggestion of

determining the question “by lot” from it. What more natural than that it

should be used again when the subject of appealing to chance came up in

conversation? It “was an excellent good word before it was ill-sorted,”

and we were fortunate in having a minister who was scholar enough to know

what it meant. The language used by Mr. Motley conveyed the idea of his

instructions plainly enough, and threw in a compliment to their author

which should have saved this passage at least from the wringing process.

The example just given is, like the concession of belligerency to the

insurgents by Great Britain, chiefly important as “showing animus.”

It is hardly necessary to bring forward other instances of virtual

misrepresentation. If Mr. Motley could have talked his conversation over

again, he would very probably have changed some expressions. But he felt

bound to repeat the interview exactly as it occurred, with all the errors

to which its extemporaneous character exposed it. When a case was to be

made out against him, the secretary wrote, December 30, 1870:

“Well might he say, as he did in a subsequent dispatch on the 15th

of July, 1869, that he had gone beyond the strict letter of his

instructions. He might have added, in direct opposition to their

temper and spirit.”

Of the same report the secretary had said, June 28, 1869: “Your general

presentation and treatment of the several subjects discussed in that

interview meet the approval of this department.” This general approval is

qualified by mild criticism of a single statement as not having been

conveyed in “precise conformity” to the President's view. The minister

was told he might be well content to rest the question on the very

forcible presentation he had made of the American side of the question,

and that if there were expressions used stronger than were required by

his instructions, they were in the right direction. The mere fact that a

minute of this conversation was confidentially submitted to Lord

Clarendon in order that our own government might have his authority for

the accuracy of the record, which was intended exclusively for its own

use, and that this circumstance was overlooked and not reported to the

government until some weeks afterward, are the additional charges against

Mr. Motley. The submission of the dispatch containing an account of the

interview, the secretary says, is not inconsistent with diplomatic usage,

but it is inconsistent with the duty of a minister not to inform his

government of that submission. “Mr. Motley submitted the draft of his No.

8 to Lord Clarendon, and failed to communicate that fact to his

government.” He did inform Mr. Fish, at any rate, on the 30th of July,

and alleged “inadvertence” as the reason for his omission to do it

before.

Inasmuch as submitting the dispatch was not inconsistent with diplomatic

usage, nothing seems left to find fault with but the not very long delay

in mentioning the fact, or in his making the note “private and

confidential,” as is so frequently done in diplomatic correspondence.

Such were the grounds of complaint. On the strength of the conversation

which had met with the general approval of the government, tempered by

certain qualifications, and of the omission to report immediately to the

government the fact of its verification by Lord Clarendon, the secretary

rests the case against Mr. Motley. On these grounds it was that,

according to him, the President withdrew all right to discuss the Alabama

question from the minister whose dismissal was now only a question of

time. But other evidence comes in here.

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