S FINAL RErORT OP THE AGENT OF THE UNITED STATES. 



original case of Great Britain. Its submission at the time and in tlie 

 form adopted by the P>ritish Government deprived the United States 

 of any opportunity to meet it by means of rebutting, exphmatory, or 

 impeaching testimony. 



But while it was regarded by tlie President and by the counsel of 

 tiie United States as a wholly unjustifiable proceeding on the part of 

 Great liritaiu, it was deemed best to allow the arbitration to proceed, 

 and at the proper time to bring the subject to the attention of the 

 Tribunal. 



The first session of the Tribunal of Arbitration was held in Paris, in 

 accordance with the terms of the treaty, .on February 23, 1893, but, by 

 agreement of the two Governments, it was of an informal character 

 and an adjournnient for one month was had without the transaction of 

 any business. On reassembling in Paris, March 23, 1893, the printed 

 argument of each of the parties was laid before the Tribunal. A recess 

 was then taken to April 4, when the counsel for Great Britain submitted 

 a motion that the agent of the United States be called npou to i^roduce 

 the report of Henry W. Elliott, made in 1890, to the Government of 

 the United States. The report of Mr. Elliott had never been pub- 

 lished by the Government and had not been used nor alluded to in the 

 case of the United States; but during the joint conference of the Com- 

 missioners of the two Governments in Washington in February, 1893, 

 it had, at the request of the British Commissioners, been laid before 

 them for sncih use as they saw fit to make of it. 



The counsel for the United States denied that the British Govern- 

 ment was entitled under the treaty to an order of the Tribunal for the 

 production of the document, but, waiving their right of objection and 

 not conceding that either party had tlie right to introduce any further 

 evidence whatever, they offered to lay a copy of the report in question 

 before the Tribunal, upon condition that if it be used in evidence it 

 should be open to the use of both parties equally. The report of Mr. 

 Elliott was therefore produced, and it was printed by the British agent. 



During the recess following the adjournment of March 23 the agent 

 of Great Britain sent to each of the arbitrators and to the agent of the 

 United States printed copies of a " Supplementary Peport of the British 

 Commissioners Appointed to Inqnire into Seal Life in Bering Sea." At 

 the session of the Tribunal on April 4 I presented a motion that this 

 document be dismissed from consideration, on the ground that it waf] 

 submitted at a time and in a manner not allowed by the treaty. This 

 motion was supported by the counsel for the United States in argu- 

 ments at some length, in the course of which they animadverted upon 

 the course pursued by Great Britain in Avithholding from its case evi- 

 dence as to facts material to the determination of the questions sub- 

 mitted to arbitration and in inserting that evidence in its counter case, 

 by which means the United States was placed at a great disadvantage. 

 While counsel would have been justided by the treaty and the rules of 



