Vos vœux, très-honorés collègues, s'accorderont sans doute avec les miens pour que l'essai que l'on va faire serve à écarter dans l'avenir les occasions de luttes sanglantes et à raffermir l'empire de la raison.

Dans cette douce prévision, j'aime à rappeler ces paroles du héros de l'Amérique, de George Washington: "S'il y a une vérité fortement établie, c'est qu'il y a ici-bas un lien indissoluble entre les pures maximes d'une politique honnéte et maguanime et les solides récompenses de la prospérité et du bonheur public."

Lord Tenterden then stated that Sir Roundell Palmer, Her Britannic Majesty's counsel, had prepared, for the consideration of the tribunal, a statement of certain points of importance, as to which he desires to have an opportunity of submitting to the tribunal further arguments, in answer to those contained in the argument of the United States delivered on the 15th instant; and that Sir Roundell Palmer would now, with the permission of the tribunal, read such statement, of which, with a translation which would be prepared without delay, copies will be delivered to the several arbitrators and to the agent of the United States in the course of the day; and, as the preparation of any further arguments on those, or any other points, will neessarily require some time to be allowed, he begged respectfully to suggest that the counsel on both sides should be informed of the time which the tribunal will be willing to allow, before requiring their further attendance for the purpose of any arguments. If the interval so granted can be extended to the first of August next, it is believed that this will meet the views of the counsel and agents of both parties, and may probably enable the counsel, when again before the tribunal, to discharge their duty in a shorter time than might otherwise be requisite.

Sir Roundell Palmer then read a statement.

Mr. Bancroft Davis then said that upon being furnished with a copy of the paper, now presented on the part of Her Britannic Majesty's counsel, he would lay the same before the counsel of the United States, and would present their views to the tribunal after such consultation.

Count Sclopis then stated that the tribunal had, at the request of the agent of Her Britannic Majesty, granted permission to Sir Roundell Palmer to read the statement requesting the tribunal to authorize him to furnish the arbitrators with further arguments on the points therein specified, and that, with reference to this request, Mr. Adams, as one of the arbitrators, had suggested a preliminary question, viz, whether under the terms of Article V of the treaty of Washington it is competent for the agents or counsel to make requests of this nature, and that the tribunal, after discussion, and having in view the precise terms of the treaty, had decided that the arbitrators alone have the right, if they desire further elucidation with regard to any point, to require a written or printed statement or argument, or oral argument by counsel upon it, under the terms of the said article.

The conference was then adjourned until Friday, the 28th instant, at 11 o'clock a. m.

FREDERICK SCLOPIS,
J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

'Discours prononcé le 30 avril 1789 dans la séance du Sénat américain, lors de la proclamation de Washington à la présidence, et de John Adams à la vice-présidence, des Etats-Unis.

PROTOCOL VIII.

Record of the proceedings of the tribunal of arbitration at the eighth conference, held at Geneva, Switzerland, on the 28th of June, 1872.

The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present.

The protocol of the last conference was read and approved, and was signed by the president and secretary of the tribunal and the agents of the two governments.

Sir Alexander Cockburn, as one of the arbitrators, then proposed to the tribunal to require a written or printed statement or argument by the counsel of the two governments for further ved for elucidation on the following points, viz:

Sir A. Cockh m trent; motion nied.

1. What is the "due diligence" required from a neutral state, according to the general rules of international law, and according to the rules of the sixth article of the treaty of Washington?

2. What were the international obligations of neutral states in respect to the construction, sale, and fitting out, within neutral territory, of ships intended for warlike use by a belligerent, independently of the municipal legislation of the neutral state, and of the rules laid down by the treaty of Washington?

3. What rights are conferred upon a belligerent power by the municipal legislation of a neutral state for the maintenance of its neutrality, if such legislation exceeds the limits of the obligations previously imposed upon neutral States by international law?

4. Is a neutral state under any international obligation to detain in, or exclude from, its ports vessels fitted out in violation of its neutrality, after such vessels have been commissioned as public ships of war by a belligerent power, whether such power be or be not recognized as a Sovereign state?

5. Whether Her Majesty's proclamation of neutrality, recognizing the belligerency of the Confederate States, is in any, and what, way material to the question of the liability of Great Britain for losses sustained by the United States, in consequence of the acts of the vessels referred to in the treaty of Washington?

6. Whether the laws of Great Britain, during the civil war, were, or were not, sufficient, if properly enforced, for the fulfillment of Her Britannic Majesty's neutral obligations?

7. If a vessel, which has been fitted out in violation of the neutrality of a neutral state, has escaped from the neutral territory, through some want of due diligence on the part of the neutral government, ought such neutral state to be held responsible to the other belligerent for captures made by such vessel ?

If so, to what period does this responsibility extend? May it be modified or terminated by circumstances afterward supervening, (as, for instance, by assistance afterward rendered to the vessel by an independent power, without which her capacity for warlike purposes would have ceased, or by her entrance into a port of the belligerent to whom she belongs,) or does it necessarily extend to the end of the war?

Furthermore, does this responsibility still exist, when the persons who made such captures were insurgent citizens of the state against which they waged war, to whom, upon the conclusion of the war, such illegal acts have been condoned?

8. If a vessel, which has not been fitted out or armed in violation of

the neutrality of a neutral state, is afterward permitted to receive supplies of coal and repairs in a neutral port, does the neutral state, in whose port she receives such supplies and repairs, incur on that account a responsibility for her subsequent captures, or any of them?

After deliberation a majority of the tribunal decided not to require such statement or argument at present.

The tribunal then decided that, in the course of their discussions and deliberations, the agents should attend the conferences, accompanied by the counsel of their respective governments, except in cases when the tribunal should think it advisable to conduct their discussions and deliberations with closed doors.

The tribunal then determined to permit publicity to be given to the statement made by the agent of Her Britannic Majesty at the third conference, the declaration of the arbitrators made at the fifth conference, the subsequent statements of the agent of the United States made at the sixth conference, and of the agent of Her Britannic Majesty made at the seventh conference, and the address of the president of the tribu nal delivered at the seventh conference.

The tribunal then adjourned until Monday, the 15th proximo, at 2 o'clock in the afternoon.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL IX.

Record of the proceedings of the tribunal of arbitration at the conference held at Geneva, in Switzerland, on the 15th of July, 1872.

The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present.

The protocol of the last conference was read and approved, and was signed by the president and secretary of the tribunal and the agents of the two governments.

Count Sclopis, as president, said that it would be necessary in the Order of proceed- first place to determine the method and order of proceeding in the consideration of the subjects referred to the tribunal. Mr. Stampfli stated that he had prepared, and proposed to submit, for the adoption of the tribunal, a written programme on this question. After discussion the consideration of this programme was deferred to the next conference.

The tribunal then adjourned until Tuesday, the 16th instant, at 2 o'clock in the afternoon.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN

ALEX. FAVROT, Secretary.

PROTOCOL X.

Record of the proceedings of the tribunal of arbitration at the tenth conference held at Geneva, in Switzerland, on the 16th of July, 1872.

The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. Order of proceedThe protocol of the last conference was read and ap-ins Mr. Stampfli's proved, and was signed by the president and secretary of burn's renewed mothe tribunal and the agents of the two governments.

paper. Sir A. Cock

tion for argument.

The following programme, submitted by Mr. Stampfli at the last meeting, was taken into consideration :

Sir Alexander Cockburn, one of the arbitrators, submitted the following propositions to the consideration of the tribunal:

I. That the complaint of the Government of the United States is of a threefold character, and may be stated under the three following heads, viz:

1. That, by want of due diligence on the part of the British government, vessels of war were suffered to be equipped in ports of Her Majesty, and to depart therefrom, to the injury of American commerce;

2. That such vessels, having been again found in British ports or waters, were not seized or detained, but were suffered to go forth again on the same destructive service;

3. That such vessels received undue assistance, or were permitted to remain an unduly long time, in ports within Her Majesty's dominions.

II. That on each of these heads of complaint the decision of the tribunal must depend, not only on the facts relating to each vessel, but also on the principles of international law applicable to the particular subject.

III. That the rational, logical, and most convenient course to be pursued will be, before proceeding to deal with each of these heads of complaint, to consider and determine what are the principles of law applicable to the subject, and by which the decision of the tribunal must ultimately be determined.

IV. That it will be convenient to take the three heads of complaint separately, and in the order hereinbefore stated.

V. That there is nothing in the VIIth article of the treaty which prevents the adoption of this mode of proceeding, the only object and effect of that article being to insure the separate consideration of the facts relating to each vessel, and a separate and distinct judgment of the tribunal on the complaints specifically referable to each in particular.

VI. That the consideration of the first-mentioned head of complaint, reference being had to the VIth article of the treaty, and the rules therein laid down, necessarily involves three questions of law: the first, what effect is to be given to the term "due diligence," with reference to the different allegations of the want thereof put forward by the United States Government; the second, whether the general principles of international law, referred to in such VIth article, have relatively to the rights and duties of neutrals any and what effect in determining what constitutes due diligence or the want of it, or in extending or limiting the liability of a neutral state with reference to this head of complaint; the third, whether a government acting in good faith, and honestly intending to fulfill the obligations of neutrality, is to be held liable by reason of mistake, error in judgment, accidental delay, or even negligence on the part of a subordinate officer,

VII. That it will be convenient, and indeed necessary, to commence our proceedings with the consideration of these questions of law.

VIII. That, looking to the difficulty of these questions, and the conflict of opinion which has arisen among distinguished jurists on the present contest, as well as to their vast importance in the decision of the tribunal on the matters in dispute, it is the duty, as it must be presumed to be the wish of the arbitrators, in the interest of justice, to obtain all the assistance in their power to enable them to arrive at a just and correct conclusion. That they ought, therefore, to call for the assistance of the eminent counsel who are in attendance on the tribunal to assist them with their reasoning and learning, so that arguments scattered over a mass of documents may be presented in a concentrated and appreciable form, and the tribunal may thus have the advantage of all the light which can be thrown on so intricate and difficult a matter, and that its proceedings may hereafter appear to the world to have been characterized by the patience, the deliberation, and anxious desire for information on all the points involved in its decision, without which it is impossible that justice can be duly or satisfactorily done.

After discussion, the tribunal decided to proceed with the case of the Florida at the next meeting, according to the programme of Mr. Stampfli.

The tribunal then adjourned until Wednesday, the 17th instant, at 1 o'clock in the afternoon.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL XI.

Record of the proceedings of the tribunal of arbitration at the eleventh conference, held at Geneva, in Switzerland, on the 17th of July, 1872.

All the arbi

The conference was held pursuant to adjournment. trators and the agents of the two governments were present. The protocol of the last conference was read and approved, and was signed by the president and secretary of the tribunal, and the agents of the two governments.

On the proposal of Sir Alexander Cockburn it was decided that the written opinions or statements read by the arbitrators to the tribunal should be printed, and distributed to the arbitrators and to the agents and counsel of the two governments.