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being the fountain head of the disasters which had been caused to the American people." 3. "as the fruits of the proclamation." 1. It is true that nothing was said of responsibility in Mr. Motley's instructions. But the idea was necessarily involved in their statements. For if, as Mr. Motley's instructions say, the right of a power "to define its own relations," etc., when a civil conflict has arisen in another state depends on its (the conflict's) having "attained a sufficient complexity, magnitude, and completeness," inasmuch as that Power has to judge whether it has or has not fulfilled these conditions, and is of course liable to judge wrong, every such act of judgment must be attended with grave responsibilities. The instructions say that "the necessity and propriety of the original concession of belligerency by Great Britain at the time it was made have been contested and are not admitted." It follows beyond dispute that Great Britain may in this particular case have incurred grave responsibilities; in fact, the whole negotiations implied as much. Perhaps Mr. Motley need not have used the word "responsibilities." But considering that the government itself said in dispatch No. 70, September 25, 1869, "The President does not deny, on the contrary he maintains, that every sovereign power decides for itself on its responsibility whether or not it will, at a given time, accord the status of belligerency," etc., it was hardly worth while to use italics about Mr. Motley's employment of the same language as constituting a grave cause of offence. 2. Mr. Motley's expression, "as being the fountain head of the disasters," is a conversational paraphrase of the words of his instructions, "as it shows the beginning and the animus of that course of conduct which resulted so disastrously," which is not "in precise conformity" with his instructions, but is just such a variation as is to be expected when one is talking with another and using the words that suggest themselves at the moment, just as the familiar expression, "hung up on a peg," probably suggested itself to Lord Clarendon. 3. "The fruits of the proclamation" is so inconsiderable a variation on the text of the instructions, "supplemented by acts causing direct damage," that the secretary's hint about want of precise conformity seems hardly to have been called for. It is important to notice this point in the instructions: With other powers Mr. Motley was to take
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