220 ARGUMENT OF THE UNITED STATES. 



for that reason the Tribunal can not be called upon to find any facts 

 respecting them. 



To justify a finding upon a claim, it must be made to appear affirma- 

 tively, by a clear preponderance of proof, that the claim is owned by 

 one of the Governments, parties to this Arbitration, or to a citizen or 

 subject of such Government. 1 



We insist that we may, with propriety, go farther and say that, if 

 there is even doubt that a claimant is a citizen of the nation that pre- 

 sents a claim in his behalf, that doubt should of itself be enough to 

 preclude any finding of facts involved in such claim. 



The powers and jurisdiction of this Tribunal are delegated to it by 

 the Treaty which is in itself but a contract or agreement and its terms 

 can not be enlarged or amplified by construction. 



In taking this ground we do not intend to cast any aspersion upon 

 the good faith of the British Government, or its Agent, for having pre- 

 sented these claims, as we admit that on the face of the claims as pre- 

 sented they appear to be in favor of British subjects. But we do insist 

 that it is right for this Tribunal to go behind the face of the papers 

 and ascertain, from proofs furnished, whether or not the persons to be 

 benefited by the allowance or payment of these claims are in fact 

 British subjects, and that no facts should be found involved in any 

 claim where there is even good ground for doubt that such claim be- 

 longs to a British subject. 



Second. All these claims but two (the Triumph, No. II, 2 and the 

 Pathfinder, No. 20, 3 of schedule) contain an item for "loss of probable 

 catch," - L h>ss <>f estimated catch," "balance of probable catch," "probable 

 catch," etc.* 



All of which will more fully appear by the following tabulated 

 statement: 



No. 1. Carolina, estimated catch $10, 667 



No. 2. Thornton, est i mated catch 16,(567 



No. 3. Onward, estimated catch 16,667 



No. 4. Favorite, estimated loss of catch 7. 600 



No. 5. Say ward, probable catch of 1SS7 19, 250 



No. 6. Grace, probable catch 23,100 



No. 7. Anna Beck, probable catch 17,323 



No. 8. Dolphin, probable catch 24,750 



'Article vill of Treaty of Arbitration. 



2 Caseof Her Majesty's Government, Schedule of Claims, p. 86. 



*Ibid., p. 57. 



*Ihid., pp. 1-5T.. 



