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If I argued that these acts of individual members of the British govLord Russell us ernment were inconsistent with the "due diligence" required by the treaty, I did only what Lord Russell had said to Mr. Adams must be the inevitable result of an arbitration. "Have the British government acted with due diligence, or, in other words, with good faith and honesty ?" was the question by which he said the liability of England was to be determined.
If I urged that, in any instance, the neutrality of Great Britain was Lord Westbury not sincere, I did but pursue the line of argument which Lord Westbury had defended in advance in the House of Lords, and I did it nearly in his own language.
I find no fault that Sir Alexander Cockburn does not agree with me, and with most of the world outside of England, as to the force of the evidence which was presented respecting these points. That is a subject on which persons may honestly differ. But I must be permitted to express some surprise that a lawyer of his deservedly great reputation should have made such a disagreement the cause of totally unfounded allegations against the Case of the United States and its author.
With the exception of these personal remarks, this long dissenting opinion (twice the length of the American case) adds little or nothing new to the arguments previously put forth by Great Britain in vindication of her course toward the United States. There are several material errors in its statements of facts, but I shall not follow its example of injustice in attributing them to design. All right-thinking persons will heartily echo the wish with which the paper closes, "that in the time to come no sense of past wrong unredressed will stand in the way of the friendly and harmonious relations which should subsist between two great and kindred nations."
of the policy of
Thus, surrounded by difficulties, which at one time seemed insuperable, this great cause has reached its conclusion. Nations have, ere now, consented to adjust by arbitration questions of figures and The results of the questions of boundaries; but the world has had few, if any, tribunal and earlier examples of the voluntary submission to arbitration of a question in which a deep-seated conviction of injuries and wrongs which no possible award could compensate, animated a whole nation. It is out of such sentiments and feelings that wars come. The United States elected the path of peace. Confident of receiving justice, they laid the story of their wrongs before an impartial tribunal. This story, so grievous in its simple truthfulness, threatened for a time to break up the peaceful settlement which the parties had promised each other to make. Notwithstanding all obstacles, however, the great experiment has been carried to a successful end; and hereafter it cannot be denied that questions involving national sentiment may be decided by arbitration, as well as questions of figures.
The commander who had been permitted, by Providence, to guide some of the greatest military events in history, has thus, in civil life, assisted in presenting to the nations of the world the most conspicuous example of the settlement of international disputes by peaceful arbitration.
It is within my personal knowledge that your own counsels have also had a large share in shaping this great result.
I have, &c.,
Hon. HAMILTON FISH,
Secretary of State.
J. C. BANCROFT DAVIS.
II.-PROTOCOLS OF THE CONFERENCES OF THE ARBITRATORS..
Record of the proceedings of the tribunal of arbitration under the provisions of the treaty between the United States of America and Her Britannic Majesty, concluded on the 8th of May, A. D. 1871, at the first conference held at Geneva in Switzerland, on the fifteenth day of December, in the year of our Lord one thousand eight hundred and seventy-one.
The conference was convened at the Hôtel de Ville at Geneva, in compliance with notices from Mr. J. C. Bancroft Davis, agent of the United States, and Lord Tenterden, agent of Her Britannic Majesty, in the form following:
The undersigned having been appointed agent of the United States to attend the tribunal of arbitration about to be convened at Geneva under the provisions of the treaty between the United States and Great Britain of the 8th delivery of cases. of May last, has the honor to acquaint Count Sclopis that it is proposed by the Government of the United States that the first meeting of the tribunal should be held at Geneva, if not inconvenient to the arbitrators, on the 15th instant.
J. C. BANCROFT DAVIS.
The arbitrators who were present and produced their respective powers, which were examined and found to be in good and due form, were: Charles Francis Adams, esquire, the arbitrator named by the President of the United States of America; the Right Honorable Sir Alexander Cockburn, the Lord Chief Justice of England, the arbitrator named by Her Britannic Majesty; his excellency Count Sclopis, the arbitrator named by His Majesty the King of Italy; Mr. Jacques Stampfli, the arbitrator named by the President of the Swiss Confederation, and his excellency the Baron d'Itajubá, the arbitrator named by His Majesty the Emperor of Brazil.
J. C. Bancroft Davis, Esquire, attended the conference as the agent of the United States; the Right Honorable Lord Tenterden attended as the agent of Her Britannic Majesty.
Mr. Adams proposed that Count Sclopis, as being the arbitrator named by the power first mentioned in the treaty after Great Britain and the United States, should preside over the labors of the tribunal.
The proposal was seconded by Sir Alexander Cockburn, and was unanimously adopted, and Count Sclopis, having expressed his acknowledgments, assumed the presidency.
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. The Swiss arbitrator named M. Alexandre Favrot as a suitable person, and M. Alexandre Favrot was thereupon appointed by the tribunal of arbitration to act as its secretary during the conferences, and entered upon the duties of that office.
Mr. J.C. Bancroft Davis then presented in duplicate, to each of the arbitrators and to the agent of Great Britain, the printed case of the United
States, accompanied by the documents, official correspondence, and other evidence on which they rely.
Lord Tenterden in like manner presented to each of the arbitrators and to the agent of the United States the printed case of the government of Her Britannic Majesty, accompanied by the documents, official correspondence, and other evidence on which it relies.
The tribunal of arbitration thereupon directed that the respective counter cases, additional documents, correspondence, and evidence called for or permitted by the fourth article of the treaty should be delivered to the secretary of the tribunal at the hall of the conference in the Hotel de Ville at Geneva, for the arbitrators and for the respective agents on or before the 15th day of April next.
The arbitrators further directed that either party desiring, under the provisions of the fourth article of the treaty, to extend the time for delivering the counter cases, documents, correspondence, and evidence, shall make application to them through the secretary, and that the secretary shall thereupon convene a conference at Geneva at an early day to suit the convénience of the respective arbitrators, and that the notice thereof shall be given to the agent of the other party.
The tribunal of arbitration proceeded to direct that applications by either party, under the provisions of the fourth article of the treaty, for copies of reports or documents specified or alluded to, and in the exclusive possession of the other party, shall be made to the agent of the other party with the same force and effect as if made to the tribunal of arbitration.
The tribunal of arbitration further directed that, should either party, in accordance with the provisions of the fourth article, call upon the other party, through the arbitration, to produce the originals or certified copies of any papers adduced as evidence, such application shall be made by written notice thereof to the secretary within thirty days after the delivery of the cases, and that thereupon the secretary shall transmit to the agent of the other party a copy of the request; and that it shall be the duty of the agent of the other party to deliver said originals or certified copies to the secretary, as soon as may be practicably convenient.
The arbitrators also agreed that for the purpose of deciding any question arising upon the foregoing rules, the presence of three of their number shall be sufficient.
The conference was adjourned to the following day, 16th of December, at 3 o'clock p m.
J. C. BANCROFT DAVIS.
Record of the proceedings of the arbitration at the second conference held at Geneva in Switzerland on the 16th day of December, A. D. 1871.
The conference was held pursuant to adjournment. All the arbitrators Adjournment were present.
Mr. J. C. Bancroft Davis and Lord Tenterden attended the conference as agents of the United States and of Her Britannic Majesty, respectively.
The record of the proceedings of the conference held on the 15th in
stant was read and approved, and the secretary was directed to attest it. Mr. J. C. Bancroft Davis and Lord Tenterden were requested also to sign this and all subsequent records as agents of their respective governments.
The tribunal of arbitration directed that when an adjournment of the conference should be entered, it should be entered as an adjournment until the 15th day of June next, subject to a prior call by the secretary as provided for in the proceedings at the first conference.
The tribunal then directed the secretary to make up the record of the proceedings at the second conference as far as completed, which was done, and the record was read and approved.
The tribunal of arbitration then adjourned to meet at Geneva, on the 15th day of June next, unless sooner convened by the secretary, in the manner provided in the proceedings at the first conference.
J. C. BANCROFT DAVIS.
ALEX. FAVROT, Secrétaire.
Record of the proceedings of the tribunal of arbitration at the third conference held at Geneva, in Switzerland, on the 15th day of June, 1872.
The conference was held pursuant to adjournment. All the arbitrators were present.
Mr. J. C. Bancroft Davis and Lord Tenterden attended the conference as agents of the United States and Her Britannic Majesty, respectively. Mr. J. C. Bancroft Davis then delivered in duplicate to each of the arbitrators, and to Lord Tenterden, the agent of Her Britan- Delivery of Amernic Majesty, a printed argument, showing the points and can argument. referring to the evidence on which his Government relies.
British motion for
Lord Tenterden then, on behalf of Her Britannic Majesty's government, presented the note, of which a copy is annexed, requesting an adjournment of the tribunal for the reasons adjournment. therein stated, for such a period as might enable a supplementary convention to be concluded and ratified between the United States and Her Britannic Majesty.
Mr. Bancroft Davis stated that he could not say what would be the views of his Government on this motion until he should know the time for which the adjournment was asked.
Lord Tenterden stated that Her Britannic Majesty's government believed that, in order to afford time for the consideration of a supplementary convention by the Senate of the United States in their session commencing in December next, and for its subsequent consideration by Her Britannic Majesty's government, and for its ratification by the high contracting parties respectively, it would be requisite that the adjournment should be for a period of eight months, but that power might be reserved for the arbitrators to meet at any earlier date, upon being convened for that purpose by the secretary of the tribunal, upon the joint request, in writing, of the agents of the two governments.
Mr. Bancroft Davis said that his instructions did not yet enable him to state to the arbitrators the views of the Government of the United States on this motion in full. He said that he was in telegraphic communica
tion with his Government, and he asked an adjournment until Monday, the 17th instant.
The tribunal decided that the protocols should be signed by the president and secretary of the tribunal and the agents of the two governments.
The conference was then adjourned to Monday, the 17th day of June, at 2 o'clock.
J. C. BANCROFT DAVIS.
ALEX. FAVROT, Secretary.
The undersigned agent of Her Britannic Majesty is instructed by Her Majesty's government to state to Count Sclopis,* the arbitrator named by His Majesty the King of Italy, that they regret to be under the necessity of informing the arbitrators that the difference between Her Majesty's government and the Government of the United States, referred to in the note which the undersigned had the honor to address to Count Sclopis when presenting the British counter case on the 15th of April last, has not yet been removed.
Her Majesty's government have, however, been engaged in negotiations with the Government of the United States, which have continued down to the present time, for the solution of the difficulty which has thus arisen; and they do not abandon the hope that, if further time were given for that purpose, such a solution might be practicable.
Under these circumstances, the course which Her Majesty's government would respectfully request the tribunal to take is to adjourn the present meeting for such a period as may enable a supplementary convention to be still concluded and ratified between the high contracting parties.
Having lodged the present application, the undersigned is instructed to withhold the written or printed argument which the undersigned, as agent of Her Majesty, is directed to put in under the 5th article of the treaty, although that argument has been duly prepared and is in the hands of the undersigned.
The undersigned is further directed to say that Her Majesty's government (while they would consider the tribunal to have full power to proceed at the end of the period of adjournment, if the difference between the high contracting parties should then have been removed, notwithstanding the non-delivery on this day of the argument by the undersigned) continue, while requesting this adjournment, to reserve all Her Majesty's rights, in the event of an agreement not being finally arrived at, in the same manner as was expressed in the note addressed by the undersigned to Count Sclopis on the 15th of April.
The undersigned has the honor to renew to Count Sclopis the assurance of his highest consideration.
GENEVA, June 15, 1872.
* A similar note was addressed to each of the arbitrators.