ORAL ARGUMENT OF MR. COUDERT. 



SIXTEENTH DAY. 



Paris, May 3, 1S93.— 11.30 a. m. 



The Tribmial convened pnrsnant to adjournment. 



The President. ]\Ir. Coudert, we are ready to bear you. 



Mr. CouDERT. May it please you, Mr, President, and members of 

 this high Tribunal, at the close of yesterday's proceedings, the Presi- 

 dent of the Tribnnal in terms of graceful as well as kind eulogy 

 exi)ressed his opinion, and I am quite sure theoj)inion of other members 

 of the Court, as to the character of my learned brother's argument, and 

 congratulated him, as well he might, and also the Court itself, upon the 

 manner in which these most important toiucs have been treated; and 

 he especially alluded to the lofty grounds which had been assumed and 

 developed by him. If I may be excused for referring personally to 

 myself and trying in advance to crave and obtain the indulgence of the 

 judges whom I now have the honor to address, I may say in all frank- 

 ness and without false humility, that I cannot expect from the nature 

 of things that I shall receive the same honorable compliments at the 

 close of my address. I do not wish in advance, by giving an estimate 

 of what I pro])ose, or hope to do, so to belittle my task as to diminish 

 the share of the attention which I shall receive; but my brother Carter 

 has gone so elaborately over the whole case, with the exception of the 

 facts, and he has visited, taken possession of, occupied, adorned and 

 fortified all the lofty grounds in such a way that there is very little left 

 of that part of the case for those who follow him in the argument. To 

 use an expression which will be familiar to two at least of the arbi- 

 trators, he has preempted the best locations. He has taken the highest 

 grounds, as the President has truly said; and they lack nothing by 

 way of addition, illustration or argument. 



But it is a comfort to me that tliey cannot stand unless I now come 

 forward and give him some hel]). I must lay the foundation upon 

 which the superstructure rests. He has assumed, and most properly, 

 certain facts to exist in the case. If those facts exist, his argument is 

 perfect. I do not underestimate the ability of my friends on the other 

 side, for their reputation is not bounded by locality, or by the limits of 

 the s^as. I know that they are ingenious, able and ex])erienced enough 

 to meet any argument, however sound and however excellent; but 

 unless this argument of my learned friend is based upon fact, then 

 indeed their contentions must prevail and all the learning and patient 

 industry, so lavishly bestowed upon his work, will be in vain. Like 

 the house that we read of, it would be built upon the sand and easily 

 destroyed. With a substratum of undisputed fact, or fact trium- 

 phantly demonstrated, like the other building erected upon a rock, it 

 must resist assault triumphantly. 



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