on 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:

"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,"