II.-PROTOCOLS OF THE CONFERENCES OF THE ARBITRATORS.

PROTOCOL I.

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:

Organization and

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 Selopis 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 de. livering 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 convenience 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.
TENTERDEN.
ALEX. FAVROT,

Secretary.

PROTOCOL II.

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.

June 15,

to

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.
TENTERDEN.

ALEX. FAVROT, Secrétaire.

PROTOCOL III.

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.

Delivery of Amer

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 nic Majesty, a printed argument, showing the points and can argument referring to the evidence on which his Government relies. 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 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.

British motion for

a fiourninen",

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.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.

TENTERDEN.

ALEX. FAVROT, Secretary.

ANNEX.

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 gov ernment (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.

TENTERDEN.

* A similar note was addressed to each of the arbitrators.

PROTOCOL IV.

Record of the proceedings of the tribunal of arbitration at the fourth conference held at Geneva, in Switzerland, on the 17th 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

Adjournment.

the conference as agents of the United States and Her Britannic Majesty, respectively.

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.

Mr. Bancroft Davis stated that he was still without definite instructions from his Government regarding the request of the British agent for adjournment, and suggested a further adjournment of the tribunal until Wednesday, the nineteenth instant.

Lord Tenterden said that he could make no objection. The conference was then adjourned to Wednesday, the 19th instant, at 2 o'clock.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL V.

Record of the proceedings of the tribunal of arbitration at the fifth confer ence held at Geneva, in Switzerland, on the 19th 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.

Arbitrators

de

clare that indirect

clams not a subject

for computation of

darn iges.

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 of the tribunal, inquired whether Mr. Bancroft Davis had yet received definitive instructions from his Government.

Mr. Bancroft Davis replied that he had not.

Count Sclopis then, on behalf of all the arbitrators, made the following statement:

The application of the agent of Her Britannic Majesty's government being now be fore the arbitrators, the president of the tribunal (Count Sclopis) proposes to make the following communication on the part of the arbitrators to the parties interested:

The arbitrators wish it to be understood that in the observations which they are about to make they have in view solely the application of the agent of Her Britannic Majesty's government, which is now before them, for an adjournment, which might be prolonged till the month of February in next year; and the motives for that application, viz, the difference of opinion which exists between Her Britannic Majesty's government and the Government of the United States as to the competency of the tribunal, under the treaty of Washington, to deal with the claims advanced in the case of the United States in respect of losses under the several heads of-1st, "The losses in the transfer of the American commercial marine to the British flag;" 2d, "The enhanced payments of insurance;" and 3d, "The prolongation of the war, and the addition of a