ORAL AEGUMENT OF JAMES C. CARTER, ESQ. 75 



Senator Morgan, Therefore, tliere was no treaty at the time they 

 made tliat report. 



The President, But there was an arrangement between tlie Gov- 

 ernments — precisely tlie arran<2,'ement which was signed afterwards, on 

 the 18th of December, 1801. There was an arrangement made in June, 

 1891, if I remember, which you read us a few days ago, an arrangement 

 in seven articles, providing for the joint commission to be sent out. That 

 was not signed but it was an arrangement between the Governments. 

 It was not signed or ratified, since it had not been submitted to the 

 American Seimte. 



Senator Morgan. The President does not seem to apprehend exactly 

 that no arrangement made between the diplomatic functionaries of the 

 United States and any other Government of the character mentioned 

 here, has any effect whatsoever upon the laws of the United States 

 until it has been ratified by the Senate; and the ratification took place 

 not only after the arrangement was made, but after the report was made. 



The JPresident. The 7th of May, 1892. 



Mr. Justice Harlan. The separate report of the British Commis- 

 sioners was made June 1st, 1892, and the exchange of ratifications 

 occurred May 7th, 1892. 



Senator Morgan. I refer to the joint report, after which, as I under- 

 stand it, the Commission, as a Commission, was dissolved. And each 

 of the Commissioners went on, whether rightfully or wrongfully, I am 

 not prepared to say, to make subsequent thereto, their separate reports 

 to their respective Governments. 



The President. That is perfectly correct. 



Mr. Carter. The statement by the learned Arbitrator is entirely 

 correct. 



Senator Morgan. The Commission finally adjourned on the 4th of 

 March. The ratification of the treaty was had on April 22d. 



Mr. Justice Harlan. The ratification? 



Senator Morgan. The ratification by the Senate. 



Mr. Foster. It was proclaimed ]\Iay 9th. 



Mr. Carter (reading). "Concluded at Washington, February 29th, 

 1892; ratification advised by the Senate, March 29th, 1892; ratified by 

 the President, April 22d, 1892; ratifications exchanged, May 7th, 1892; 

 proclaimed, ]\Iay 9th, 1892". That is on the first page of volume I of 

 the Appendix. 



Senator Morgan. It was proclaimed by the United States as an. 

 amended treaty, putting the treaty as originally ratified by the Senate 

 and the modus vivendl which came in as a supplementary treaty or an 

 amendment of a former treaty together, and constituting one instru- 

 ment to be construed in pari materia. 



The President. Tiiat had no legal force, I suppose, before it was 

 proclaimed in the United States. 



Mr. Carter. None at all. It could not have had, either in Great 

 Britain or the United States. 



Mr. Phelps. There were also other amendments added by the 

 Senate. 



Senator Morgan. There were two amendments of a distinct char- 

 acter, each to a subject not entirely foreign to, but independent of, the 

 modus Vivendi. 



Mr. Carter. In the view I had taken of it, the circumstances under 

 which this Commission was appointed and proceeded to its labors 

 prior to the ratification of the Treaty, is not of material importance. 



Senator Morgan. May be not. 



