30 



At all events, the disngrcenients already developed among^ tlie mem 

 bers of tbe tribunal, as to the matters with wliicli the interests of Russia 

 axe so closely bound up, admonish us that we should lay this matter 

 aside until we have considered the subject before us under Article I, 

 and point 5 in Article VI, Article VII, and any others that open up an 

 inquiry into the juridical features of the questions that are submitted 

 to the tribunal. 



The opinion and summary of facts presented by Lord Hannen is con- 

 curred in by Sir John Thompson. The opinion of Marquis Visconti 

 Venosta is concurred in by Mr. Gram. These opinions, whatever the 

 conclusions of fact to be drawn from them may be, are not identical 

 in statement or reasoning. In the absence of copies of these opin- 

 ions, I am not able now to compare and contrast them as I would feel 

 it my privilege to do. These opinions deal with the rights and con- 

 duct of Russia in different lights. I do not say that they purposely 

 deal with the present rights of Russia, but that effect is unavoidable 

 if any weight is to attach to our findings. 



Four Arbitrators will agree upon these historical facts, if four 

 agree to Lord Hannen's syllabus, while three dissent. This is not a 

 secure basis of historical decision of facts that concern a living and 

 great nation and her riglits, in matters that are now the subject of her 

 anxious care that are under diplomatic consideration in correspond- 

 ence with Great Britain. An opposing view of this history, presented 

 by me, has the concurrence of Baron de Courcel and Mr. Justice Har- 

 lan, to a considerable extent. There is a divided opinion in several 

 directions, and this chapter of history, if it is written, will go forth 

 encumbered with serious doubts and objections. 



After further discussion, the answers to be made to the first four 

 points in Article VI of the treaty were informally laid aside to enable 

 Mr. Justice Harlan to formulate his answers. 



