ARGUMENTS ON PRELIMINARY MOTIONS. 103 



seiitatives and agents of Her Majesty's Government and the Canadian 

 Government in the course of the i)roceediii.<;\s and discnssions that have 

 already occurred, not only that it is claimed on the part of those Gov- 

 ernments that material evidence exists to contradict the facts asserted 

 by the Government of the United States, but that a considerable part 

 of it has been already taken and prepared by the British Government, 

 as to the character, extent and weight of which, however, the Govern- 

 ment of the United States is wholly uninformed. The propositions of 

 law and of fact upon which the United States will rely in the Arbitra- 

 tion are precisely stated in its Case now in the hands of Her Majesty's 

 Government, and need not be recapitulated here. In support of these 

 assertions of fact a large amount of evidence, and all the evidence the 

 Government of the United States will offer, exce])t in rebuttal of that 

 which may be introduced on the other side has been prepared and is 

 printed in the United States Case and its Appendices." This letter, 

 which is too long to read in full, and to which I commend your special 

 attention concludes with this request: "But the President entertains 

 the greatest confidence that when the views herein expressed are 

 brought to the attention of Her Majesty's Government, it will hasten 

 to correct the errors which have been made by its representatives in 

 charge of its Case, and he is pleased to give the assurance in advance 

 that the Governmc^nt of the United States will assent to any reasona- 

 ble means that may be proposed to that end by Her Majesty's Govern- 

 ment. It is to be noted, however, that if the date fixed in the Treaty 

 for the closing of the Counter Cases is to be observed, no time is to be 

 lost by the British Government in submitting such projiosition as may 

 seem to it to be called for under the circumstances. It would not be pos- 

 sible to correct the injustice which the Government of the United States 

 conceives has already been done by the manner in which the British 

 Case has been made up. It was an advantage which it is conceived 

 was not intended to be afforded to either party, that, in taking its evi- 

 dence in chief, it should have the benefit of tlie possession of all the 

 evidence on the other side as also that in making up the Keport of its 

 Commissioners it should first be provided with that of their colleagues 

 representing the other Government in respect of those points upon 

 which they have failed to agree. But this disadvantage the United 

 States Government prefers to submit to, though quite aware of its 

 importance, rather than that the arbitration should be put in peril. 



" I have felt it necessary to enter at some length upon an exposition 

 of the views of my Government upon this question, because of its great 

 gravity and of the serious consequences which might result from a fail- 

 ure of the two Governments to agree respecting it, and because of the 

 earnest desire of my Government to reach a mutually satisfactory settle- 

 ment. I deem it proper, however, to add, in conclusion, that the Gov- 

 ernment of the United States has entire confidence in its ability to 

 maintain its position in the controversy submitted to the Tribuiml of 

 Arbitration; but to this end it must be afforded the benefit of those 

 substantial safeguards against the introduction of error which the judi- 

 cial systems of all nations so carefully secure and which were designed 

 to be secured by the provisions of the Treaty. In the absence of such 

 safeguards no party to a judicial proceeding can be confident of the 

 protection of his rights; indeed, atrial of a question of right, when one 

 party has no opportunity of meeting and answering the allegations 

 and evidence of the other, does not deserve the name of a judicial pro- 

 ceeding." I find in this passage which I have just read a matter which 

 my learned friend Sir Charles Kussell made the subject of observation 



