90 ARGUMENTS ON PRELIMINARY MOTIONS, 



While it ivS in that condition, we receive from the Agent of the British 

 Government a paper purporting to be a supplementary report of the 

 British Commissioners appointed under the terms of one of Articles of 

 the Treaty — with notice that it had been delivered to the members of 

 the Tribunal. To say that we were surprised would but faintly express 

 our emotions upon the receipt of a document of tliat sort. There was 

 but one coarse, in our view, to take in regard to it, and that was to 

 return it immediately to those who sent it and to return it, with the 

 statement that we objected to any paper being placed before the Tribunal 

 at a time and in a manner not allowed by the terms of the Treaty. 



Where should we be if such a course were permitted? In the course 

 of an experience at the bar now not very short, 1 have had all that I 

 could, by any possibility, do to establish my side of a controversy 

 against the arguments of my adversaries. To oppose their arguments, 

 to overcome them, is all, certainly, that I could ever undertake to be 

 able to do. But if my adversaries, in addition to the ability to answer 

 mj^ arguments by their arguments, could answer them also by the intro- 

 duction of neic evidence, the case would indeed be one for which I had 

 no resources at all. That was what I felt about it, and what my asso- 

 ciates felt about it. 



That such a thing could be done at all was inconceivable to us. The 

 iray in which it was done was a matter which added to the amazement. 

 The Tribunal was not asked whether it would receive a paper of that 

 sort. We were not asked whether we had any objection to the intro- 

 duction of a paper of that sort. It was assumed by the British Agent 

 that he had the right to put it before the Tribunal, whether we liked it 

 or did not like it. 



Senator Morgan. — Before the separate Arbitrators, you mean ? 



Mr. Carter. Before the separate Arbitrators. I confess I am unable 

 myself to distinguish between that act and another which I have never 

 seen practiced, that alter a controversy had been finally submitted to 

 a judicial tribunal, one side should submit to the judges further consid- 

 erations in the nature of argument. It was not done secretly. I do not 

 complain of that. Oh no. We were apprised of it, and most distinctly 

 apprised of it; but what was asserted on the part of our adversaries 

 was that they had the right to do it. Well, if they had the right to do 

 it then, they had the right to do it the day after and the day after that; 

 and their right consequently had no measure or limitation except their 

 own pleasure. That was the nature of the right which they assumed. 



We immediately informed our adversaries by letter that we returned 

 the paper, that we protested against the submission of it by them to 

 the members of the Tribunal, and that we should make a motion to the 

 Tribunal that it be dismissed from attention and returned to the source 

 from which it was received. We received in answer to that a courteous 

 letter from our adversaries, apprising us of the ground of their action. 

 I will read that letter. 



The President. — Perhaps Sir Charles will give Mr. Carter the letter 

 which he has just read to us. 



Sir Charles Kussell. — Certainly. 



Mr. Carter. — I read. 



The uncJIersigned, Agent of Her Britannic Majesty, has the honor to acknowledge 

 receipt of the Honorable John W. Foster's communication of this ilay's date, and in 

 reply thereto desires to state that it is the view of Her Britannic Majesty's Govern- 

 ment that the mode of procedure contemplated by the Treaty has not been accurately 

 followed. While all the material bearing upon the whole subject-matter in disjjute 

 intended to be used by either party was to be submitted to the other party, that 

 part of such material which bore only on tbe question of Regulations, and particu- 

 larly the report or reports, joint or several, of the Commissioners of the two coun- 



