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Arbitrators and to the agent of the other Party, as soon as may be after the organization of the Tribunal; that within four months after the delivery on both sides of the written or printed case, either Party may, in like manner, deliver in duplicate to each of the said Arbitrators and to the agent of the other Party a counter-case, and additional documents, cor. respondence, and evidence, in reply to the case, docu. ments, correspondence, and evidence so presented by the other Party; that it shall be the duty of the agent of each Party, within two months after the expiration of the time limited for the delivery of the counter-case on both sides, to deliver in duplicate to each of the said Arbitrators and to the agent of the other Party a written or printed argument showing the points and referring to the evidence upon which his Government relies.

No express provision for the appointment of coun. sel appears in the Treaty; but they are recognized in the clause which declares that the Arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argument, or oral argument, by counsel upon it; but in such case the other Party shall be entitled to reply either orally or in writing, as the case

may be.

Finally, with reference to procedure, it is stipulated that the Tribunal shall first determine as to each vessel' separately, whether Great Britain has, by any act or omission, failed to fulfill any of the duties set forth in the Treaty rules, or recognized by the

principles of international law not inconsistent with such rules, and shall certify such fact as to each of the said vessels. This decision shall, if possible, be reached within three months from the close of the argument on both sides.

In case the Tribunal finds that Great Britain has failed to fulfill any duty or duties as aforesaid, it may, if it think proper, proceed to award a sum in gross to be paid by Great Britain to the United States for all the claims referred to it; and in such case the gross sum so awarded shall be paid in coin by the Government of Great Britain to the Government of the United States, at Washington, within twelve months after the date of the award.

In case the Tribunal finds that Great Britain has failed to fulfill any duty or duties as aforesaid, and does not award a sum in gross,

the Parties


that a Board of Assessors shall be appointed to ascertain and determine what claims are valid, and what amount or amounts shall be paid by Great Britain to the United States on account of the liability aris. ing from such failure, as to each vessel, according to the extent of such liability as decided by the Arbi. trators. This Board to be constituted as follows: One member thereof to be named by the United States, one by Great Britain, and one by the Representative at Washington of the King of Italy.

In conclusion, the Parties engage to consider the result of the proceedings of the Tribunal of Arbitration and of the Board of Assessors, should such Board be appointed, “ as a full, perfect

, and final set

tlement of all the claims” in question; and further engage that “every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the Tribunal or Board, shall, from and after the conclusion of the proceedings of the Tribunal or Board, be considered and treated as finally settled, barred, and thenceforth inadmissible."


The appointment of Arbitrators took place in due course, and with the ready good-will of the three neutral Governments. The United States appointed Mr. Charles Francis Adams; Great Britain appointed Sir Alexander Cockburn; the King of Italy named Count Frederic Sclopis; the President of the Swiss Confed. eration, Mr. Jacob Stæmpfli; and the Emperor of Brazil, the Baron d’Itajubá.

Mr. J. C. Bancroft Davis was appointed Agent of the United States, and Lord Tenterden of Great Britain.

The Tribunal was organized for the reception of the case of each Party, and held its first conference on the 15th of December, 1871.

On the motion of Mr. Adams, seconded by Sir Alexander Cockburn, it was voted that Count Sclopis, as being the Arbitrator named by the first Power mentioned in the Treaty after Great Britain and the United States, should preside over the labors of the Tribunal.

I observe in passing, as will be more distinctly seen

hereafter, that the personal fitness of Count Sclopis also rendered it eminently proper that he should pre

: side; for he was the senior in age of all the Arbitrators, of exalted social condition, and distinguished as -a man of letters, a jurist, and a statesman.

On the proposal of Count Sclopis, the Tribunal of Arbitration requested the Arbitrator named by the President of the Swiss Confederation to recommend some suitable person to act as the Secretary of the Tribunal. Mr. Stæmpfli named for this office Mr. Alexandre Favrot, and he was accordingly appointed Secretary.

The printed Case of the United States, with accompanying documents, was filed by Mr. Bancroft Davis, and the printed Case of Great Britain, with documents, by Lord Tenterden.

The Tribunal made regulation for the filing of the respective Counter-Cases on or before the 15th day of April next ensuing, as required by the Treaty; and for the convening of a special meeting of the Tribunal, if occasion should require; and then, at a second meeting, on the next day, they adjourned until the 15th of June next ensuing, subject to a prior call by the Secretary, if there should be occasion, as provided for in the proceedings at the first Conference.

The record of these, and of all the subsequent Conferences of the Tribunal, is contained in alternate Protocols, drawn up both in French and in English, verified by the signatures of the President and Secretary, and of the agents of the two Governments.

In these opening proceedings, that is, at the very

earliest moment possible, signs became visible of the singular want of discretion and good sense of the “ènfant terrible,” ostentatiously protocoled Lord Chief Justice of England,” whom the British Government had placed on the Tribunal.

The vernacular tongue of Count Sclopis was Italian ; that of the Baron d’Itajubá, Portuguese; and that of Mr. Stæmpfli, German. Count Sclopis spoke and read English, and Mr. Stæmpfli read it. All the Arbitrators, however, were well acquainted with French; and it was in this language that they communicated with one another, whether in social intercourse or in the discussions of the Tribunal. Thus, we had before us a Tribunal, the members of which did not either of them make use of his own language in their common business; but met, all of them, on the neutral ground of the common diplomatic language of Europe.

In this connection it was that the United States enjoyed their first advantage. Our Government did not need to wait until the organization of the Tribunal to know in what language its proceedings would be conducted; and, in prevision of this fact, it ordered the American “Case” to be translated from the En. glish into French, so as to be presented simultaneously in both languages at the meeting of the Tribunal: the exigency for, which was not anticipated, or, if anticipated, was not provided for, by the British Government.

The American “ Case" and documents are contained in eight volumes octavo, which consist in all of

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