60 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



The point as it seems to me there, is that there is a wide distinction 

 between tlie grounds taken by Sir Julian Pauncefote in his note in 

 which he represents the British Government, and which is approved, 

 and the terms of the diaft convention. 



Mr. Carter. Is it the sncgestion of the learned Arbitrator that the 

 terms of the draft convention proposed by Sir Julian Pauncefote had 

 received the approval of Her Majesty's GovernnK'nt? 



Senator Morgan. No, sir. It had received the approval of the 

 Canadian Government, as was expressed to Lord Salisbury; but the 

 terms of the note from Sir Julian Pauncefote to the United States Gov- 

 ernment had been approved by the British Government. 



Sir John Thompson. That note reierred to there was the note of 

 Sir Julian Pauncefote laying it before Mr. Blaine. 



Senator Morgan. Yes; I refer to the discrepancy between that note 

 and the draft convention. 



Sir Charles Eussell. There is no discrepancy. 



Senator Morgan. We differ about that. 



Mr. Carter. I had assumed tliat the note from Sir Julian Paunce- 

 fote to Mr. Blaine containing the draft convention proposed by him 

 was agreeable to the Government of Canada, and that, because it was 

 agreeable to the Government of Canada, it was approved by the Gov- 

 ernment of Iler Majesty. 



Sir Charles Eussell. May I point out, with the permission of my 

 friend, tlmt this is a matter in which my learned friend and I will not 

 differ. The Government of Canada was controlled by the Imperial 

 Government of Her Majesty. The Government of Canada approved 

 of the conv^ention and the Government of Her Imperial Majesty is the 

 only Government which diplomatically could convey the matter to the 

 United States Government. 



Senator Morgan. I comprehend that. 



Sir Charles Eussell. And indeed it was necessary to convey, and 

 only necessary to convey, the fact that the Imperial Government had 

 approved it. 



Senator Morgan. I certainly comprehend that; but if in this cau- 

 tious note of Lord Salisbury he says the Government of Canada has 

 approved of a draft convention and the Government of Her Majesty 

 has approved Sir Julian's note to Mr. Blaine, and then if there is a 

 material and wide discrepancy between the arguments and the state- 

 ments in Sir Julian Pauncefote's note and those found in the draft 

 convention, why I suppose that it was intended that while the note of 

 Sir Julian with its doctrines and statements was approved by the Gov- 

 ernment of Her Majesty, the draft convention had been approved and 

 consented to only by Canada. Of course, that was enough for the 

 British Government. 



Mr. Carter. There may be more in this than I have perceived; but 

 I have understood the note of Lord Salisbury to Sir Julian Pauncefote 

 as designed to approve of his conduct in transmitting his note with 

 the draft convention to the Government of the United States. 



Sir Charles Eussell. Quite so. 



Mr. Carticr. And, in thus apinoving of his conduct in transmitting 

 in the way he did that draft convention to the Government of the 

 United States, it amounts to an approval of the convention itself. 



Senator Morgan. But it is an ap}>roval based on the consent of 

 Canada. 



Mr. Carter. That is undoubtedly one of the reasons — perhaps the 

 only reason. It was an ajjproval which had been moved, which was 



