24 AEGUMENTS ON PRELIMINARY MOTIONS. 



by saying: "We say the Tribunal has no authority to make the order, 

 but we waive any objection of that kind and x>roduee it." We are 

 merely fighting about words, 1 think, and not about substance. 



The President. — Practically both parties are agreed; and the Tri- 

 bunal in consequence directs that the document be regarded a» before 

 the Tribunal, to be made such use of as the Tribunal shall see fit. 



Mr. Phelps. — Yes. 



Mr. Foster. — Mr. President and Gentlemen of the Tribunal, I desire 

 to submit the following motions, which I understand, by consent of 

 counsel, are to be considered together. I will read them first for the 

 information of the Tribunal and of Counsel: 



The Af]ceQt of the United States desires to bring to the attention of the Tribunal of 

 Arbitration. 



Sir Charles Eussell. — I beg pardon, a moment; but I would 

 respectfully suggest as a matter of the order of procedure. — I am sure 

 that Mr. Foster will not understand that I make any personal objec- 

 tion — that this matter is in the hands of Counsel and it is Counsel who 

 make motions. My learned friends, Mr. Phelps and Mr. Carter, are, I 

 submit, the persons to bring this matter under the notice of the Tri- 

 bunal. 



The President. — We believe that is a matter to be decided between 

 the Ageuis themselves, and their Counsel. Have not the Agents 

 agreed upon the mode of proceeding before the Tribunal? You know 

 you both represent your Governments. 



Mr. TUPPER. — There has been, so far as I am concerned, Mr. Presi- 

 dent, no understanding or agreement on that point; but I took it for 

 granted that as I ai>pear here to obey the orders of the Tribunal and 

 represent Her Britannic Majesty as Agent, and appear with Counsel, 

 that the argument of all questions coming to the attention of the Tri- 

 bunal should be in the hands of Counsel; and with that I was person- 

 ally most content. I supposed, of course, that the Agent of the other 

 side occupied a similar position. 



The President. — You know the official representatives of both Gov- 

 ernments are their Agents; the Tribunal knows no other ofQcial repre- 

 sentatives but the Agents. The Counsel act as Counsel of the Govern- 

 ment with the Agents. But you must agree between yourselves how you 

 wish to proceed. 



Mr. Phelps. — General Foster was only about to read the motions. 

 He was not intending to address the Tribunal in support of theuK 



Mr. Foster. — Mr. President, before you announce your decision I 

 desire to make a statement. I fully coni-ur with the President of the 

 Tribunal as to my duties. I appear here to present a motion on behalf 

 of the Government of the United States. When I have presented that 

 motion, it will be the pleasure of the counsel of the United States to 

 argue that motion. In the proper discharge of my duty, I rise for the 

 purpose of reading and laying before this Tribunal a motion. 



The President. — I must ask you whether you protest against that 

 mode of proceeding? (Addressing British Counsel). 



Sir Charles Russell. — No, sir; I do not wish to do that at all. I 

 merely interposed because I thought Mr. Foster was under the iinpres- 

 sion that he thought it was necessary he should introduce it in this way, 

 and we did not conceive it to be so. The matter is in the hands of 

 Counsel who are by the fifth article orally to conduct the argument. 

 This is really part of the argument in support of a particular motion. 



