ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 397 



only fair to state, now, the only point we shall make in respect of them. 

 We conceive — 



Sir Charles Russell. — I think my friend had better reserve that. 

 I will read them and presently you can have an opportunity of stating 

 your view. 



1196 Mr. Phelps. — Certainly, unless it is your convenience. 



Sir Charles Eussell. — Thank you, I do not think so. I 

 have said my friend is not in any way estopped from criticising them, 

 but I think it will be found that they will not be open to any objection 

 as to raisin,2r any fact not in dispute. It is quite right that this Tri- 

 bunal should be relieved, as far as possible, from determining questions 

 of fact. For instance, it is suggested in the United States Case that 

 some of the ships were really owned by United States citizens, and 

 that therefore, as these men were offending against the laws of their 

 own country that they ought not to be compensated for the loss of 

 their ships. 



That is, of course, a perfectly legitimate point to raise. We do not 

 think, in point of fact, it is well founded, and ii happened that one of 

 these reputed owners was in Paris a few days ago — I believe is still — 

 and we suggested to our friends whether it might not be a convenient 

 opportunity for getting his examination and cross-examination taken 

 upon this question before a commissioner; but my friends — I make no 

 complaint of it — thought that was hardly a mode of precedure contem- 

 plated by the Treaty, so that any question of fact of that kind must 

 be left open to either party to prove or to dispute at the convenient time 

 when the subsequent question of liability and the measure of liability 

 are in question. 



Lord Hannen. — Unless I am mistaken it is a question of fact that 

 neither of you call upon this Tribunal to decide? 



Sir Charles Russell. — That is so. 



The only facts we call ujion the Tribunal to determine, are tuose 

 which I will not take the liberty to read. 



The British Government having submitted to the Arbitrators certain questions of 

 fiict as involved in the claims for damages set forth in the Schedule to the British 

 Case, pages 1 to 60 inclusive, ask for the following iiudings thereon, namely: 



1. That the several searches and seizures, whether of ships or goods, and the 

 several arrests of masters and crews, respectively mentioned in the said Schedule, 

 were made by the authority of the United States Government. 



2. That they were made in non-territorial waters. 



3. That the several searches, seizures, condemnations and confiscations" whether 

 of ships or goods, and the several arrests fines and imprisonments, were for alleged 

 breaches of municipal laws of the United States, which alleged breaches were wholly 

 committed on the high seas outside the territorial waters of the United States. 



The President. — You do not consider that is undisputed— just that 

 point. 



Sir Charles Russell. — I confess I think it is undisputed. I think 

 it cannot be denied that the several searches were made, the seizures 

 were made, the condemnations were made, the contiscations were made, 

 as for breaches of municipal law. 



Mr, Carter. — There is an implied statement there which we deny. 



Sir Charles Russell. — I think, as a matter of fact, it cannot be 

 denied — I think it is correct. 



The President.— 1 do not believe it is undisputed. 



1197 Sir Charles Russell. — It is difficult to say what is not dis- 

 puted. Mj friend Mr. Carter says there is something implied 



here, which is not admitted. 

 Mr. Carter. — We will present our view of it. 



