246 



DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



It is within my personal knowledge that your own 

 counsels have also liad a large share in shaping this 



Jt "have, etc., J. C. BANCEOFT DAVIS. 

 Hon. HAMILTON FISH, Secretary of State. 



PROTOCOLS OF THE CONFERENCES OF THE ARBI- 

 TRATORS. 

 PEOTOCOL I. 



Record of (he Proceedings of the Tribunal of Arbitration 

 under the Provisions of the Treaty between the United 

 States of America and Her Britannic Majesty, conclud- 

 ed on theWi of May, A. D. 18T1, at MM first Conference 

 Jield at Geneva, in Switzerland, on the fifteenth day of 

 December, in the year of our Lord one thousand eight 

 hundred and seventy-one. 

 The conference was convened at the Hotel de Ville 



at Geneva, in compliance with notices from Mr. J. 



C. Bancroft Davis, agent of the United States, and 



Lord Tenterden, agent of her Britannio Majesty, in 



the form following : 



The undersigned, having been appointed agent of the 

 UnitedStates to attend the Tribunal of Arbitration, about 

 to be convened at Geneva under the provisions of the 

 treaty between the United States and Great Britain of 

 the 8th of May last, has the honor to acquaint Count 

 Sclopis that it is proposed by the Government of the 

 United States that the first meeting of the tribunal should 

 be held at Geneva, if not inconvenient to the arbitrators, 

 on the 15th instant. J. C. BANCROFT DAVIS. 



The arbitrators who were present and produced 

 their respective powers, which were examined and 

 found to be in good and due form, were : Charles 

 Francis Adams, Esquire, the arbitrator named by the 

 President of the United States of America ; the 

 Right Honorable Sir Alexander Cookburn, the Lord 

 Chief Justice of England ? the arbitrator named by 

 her Britannic Majesty ; his Excellency Count Sclo- 

 pis, the arbitrator named by his Majesty the King of 

 Italy; Mr. Jacques Stampfli, the arbitrator named 

 by the President of the Swiss Confederation ; and 

 his Excellency the Baron d'ltajuba, the arbitrator 

 named by his Majesty the Emperor of Brazil. 



J. C. Bancroft Davis, Esquire, attended the con- 

 ference as the agent of the United States ; the Right 

 Honorable Lord Tenterden attended as the agent of 

 her Britannic Majesty. 



Mr. Adams proposed that Count Sclopis, as being 

 the arbitrator named by the power first mentioned 

 in the treaty after Great Britain and the United 

 States, should preside over the labors of the tribunal. 



The proposal was seconded by Sir Alexander 

 Cockburn, and was unanimously adopted, and Count 

 Sclopis, having expressed his acknowledgments, 

 assumed the presidency. 



On the proposal of Count Sclopis the Tribunal of 

 Arbitration requested the arbitrator named by the 

 President of the Swiss Confederation to recommend 

 some suitable person to act as the Secretary of the 

 Tribunal. 



The Swiss arbitrator named M. Alexandre Favrot 

 as a suitable person, and M. Alexandre Favrot was 

 thereupon appointed by the Tribunal of Arbitration 

 to aet as its secretary during the conferences, and 

 entered upon the duties of that office. 



Mr. J. C. Bancroft Day-is then presented in dupli- 

 cate, to each of the arbitrators and to the agent of 

 Great Britain, the printed case of the United States, 

 accompanied by the documents, official correspond- 

 ence, and other evidence on which they rely. 



Lord Tenterden in like manner presented to each 

 of the arbitrators and to the agent of the United 

 States the printed case of the Government of her 

 Britannic Majesty, accompanied by the documents, 

 official correspondence, and other evidence on which 

 it relies. 



The Tribunal of Arbitration thereupon directed 

 that the respective counter-cases, additional docu- 

 ments, correspondence, aad evidence, called for or 



permitted by the fourth article of the treaty, should 

 be delivered to^he secretary of the tribunal at the 

 hall of the conference in the Hotel de Viile at Ge- 

 neva, for the arbitrators and for the respective agents 

 on or before the 15th day of April next. 



The arbitrators further directed that either party 

 desiring, under the provisions of the fourth article 

 of the treaty, to extend the time for delivering the 

 counter-cases, documents, correspondence, and evi- 

 dence, shall make application to them through the 

 secretary, and that the secretary shall thereupon con- 

 vene a conference at Geneva at an early day, to suit 

 the convenience of the respective arbitrators, and 

 that the notice thereof shall be given to the agent of 

 the other party. 



The Tribunal of Arbitration proceeded to direct 

 that applications by either party, under the provis- 

 ions oi the fourth article of the treaty, for copies of 

 reports or documents specified or alluded to, and in 

 the exclusive possession of the other party, shall be 

 made to the agent of the other party with the same 

 force and effect as if made to the Tribunal of Arbi- 

 tration. 



The Tribunal of Arbitration further directed that, 

 should either party, in accordance with the provis- 

 ions of the fourth article, call upon the other party, 

 through the arbitration, to produce the originals or 

 certified copies of any papers adduced as evidence, 

 such application shall be made by written notice 

 thereof to the secretary within thirty days after the 

 delivery of the cases, and that thereupon the secre- 

 tary shall transmit to the agent of the other party a 

 copy of the request ; and that it shall be the duty of 

 the agent of the other party to deliver said originals 

 or certified copies to the secretary, as soon as may 

 be practicably convenient. 



The arbitrators also agreed that, for the purpose 

 of deciding any question arising upon the foregoing 

 rules, the presence of three of their number shall be 

 sufficient. 



The conference was adjourned to the following 

 day, 16th of December, at 3 o* clock p. M. 



J. C. BANCROFT DAVIS. 



TENTERDEN. 



ALEX. FAVROT, Secretary. 



PROTOCOL II. 



Record of tk Proceedings of the Arbitration at the Sec- 

 ond Conference held at Geneva, in Switzerland, on th& 

 IQtk day of December, A. D, 1871. 



The conference was held pursuant to adjournment. 

 All the arbitrators were present. 



Mr. J. C. Bancroft Davis and Lord Tenterden 

 tended the conference as agent of the United 

 and of her Britannic Majesty, respectively. 



The record of the proceedings of the conference 

 held on the 15th instant was read and approved, and 

 the secretary was directed to attest it. Mr. J. C. 

 Bancroft Davis and Lord Tenterden were requested 

 also to sign this and all subsequent records as agent 

 of their respective governments. 



The Tribunal of Arbitration directed that when an 

 adjournment of the conference should be entered, it 

 should be entered as an adjournment until the 15th 

 day of June next, subject to a prior call by the secre- 

 tary as provided for in the proceedings at the first 

 conference. 



The tribunal then directed the secretary to make 

 up the record of the proceedings at the second con- 

 ference as far as completed, which was done, and 

 the record was read and approved. 



The Tribunal of Arbitration then adjourned to meet 

 at Geneva, on the 15th day of June next, unless 

 sooner convened by the secretary, in the manner 

 provided in the proceedings at the first conference. 

 J. C. BANCROFT DAVIS. 

 TENTERDEN. 

 ALEX. FAVROT, Secretary. 



