268 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



Senator Morgan. — Is that to go in as a part of the Award? 



Mr. TUPPER. — This is to go in connection with the discussion of the 

 questions in order to assist the Tribunal in the preparation of their 

 Award, and to intimate to them how far we agree upon tlie facts in 

 disjiute. 



Senator Morgan. — Is that to be in any sense part of the Award? 



Mr. TuPPER. — It is ibr tlie Tribunal to say in their framing of the 

 Award; but these are facts upon which we agree, which the Arbitrators, 

 we submit, must consider, in making their Award. 



Senator Morgan. — An interesting i:»oint suggests itself to my mind. 

 If this is to be a part of the Award, it would imply that this Tribunal 

 has a right to leave certain matters open for negociation connected with 

 this whole subject. 



Mr. TuppER. — In reply, I may say frankly, the position is simply 

 this. We found oursel ves in dispute as to certain subjects — for instance 

 the ownership of vessels and the amount of damages, — and in order to 

 relieve the Tribunal of dealing with those questions, we took the respon- 

 sibility (and we take it now), of withdrawing them from this Tribunal 

 with the understanding among ourselves that neither party will be 

 prejudiced when those questions come up, by this action on our part, 

 instead of asking the Tribunal to hear a long discussion first as to the 

 law touching these questions, and then asking for an examination into 

 the facts and the contradictory statements that are before them, or 

 might be before them, in that connection. 



Senator Morgan. — That is all very proper, but it suggests to my 

 mind that the Tribunal of Arbitration i^ossesses (in the estimation of 

 Counsel on both sides), a power of submitting some of the questions 

 brought to our attention — I do not say questions submitted — questions 

 brought to our attention — to future negociation between these two 

 Governments. 



The President. — I believe, Mr. Senator, that it is in conformity 

 with Article VIII of the Treaty. 



Sir EiCHARD Webster. — That is exactly what I was going to call 

 the Senator's attention to. It says either party may ask for. 



The President. — It says: — "the question of the liability of either 

 government upon the facts found to be the subject of further nego- 

 ciation." 



Senator Morgan. — That would excuse us from saying that it was 

 to be the subject of future negociation, because the Treaty has so 

 ordained it. 



The President. — May I beg General Foster to give us his official 

 confirmation of that? 



General Foster. — I express my acquiescence in the statement sub- 

 mitted by the Agent for Great Britain with this explanation : — that the 

 United States has never asked for any finding of facts. I have sub- 

 mitted some amendments to the Finding of Facts submitted by the 

 Agent for Great Buitain, and we agree upon the paper that has been 

 just now presented. 



The President. — Thank you. I understand that these Facts or 

 Findings are submitted to us merely for our consideration? 



Mr. TuppER. — Certainly. 



The President, — They are not considered to be necessarily em- 

 bodied in our final Award — that is what I take from your words? 



Mr. TupPER. — I am not insisting on the particular method in which 

 that Award is to be framed. I guarded myself by stating that so fur 

 as we could relieve the Tribunal, we have done so by telling the Tri- 

 bunal upon what facts we are agreed. 



