DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



247 



PROTOCOL III. 



Record of the Proceedings of the Tribunal of Arbitration at 

 the Third Conference held at Geneva, in Switzerland, 

 on the 15th day of June, 1872. 



The conference was held pursuant to adjournment. 

 All the arbitrators were present. 



Mr. J. C. Bancroft Davis and Lord Tenterden at- 

 tended the conference as agents of the United States 

 and her Britannic Majesty, respectively. 



Mr. J. C. Bancroft Davis then delivered in dupli- 

 cate to each of the arbitrators, and to Lord Tenter- 

 den, the agent of her Britannic Majesty, a printed 

 argument, showing the points and referring to the 

 evidence on which his government relies. 



Lord Tenterden then, on behalf of her Britannic 

 Majesty's Government, presented the note, of which 

 a copy is annexed, requesting an adjournment of the 

 tribunal for the reasons therein stated, for such a 

 period as might enable a supplementary convention 

 to be concluded and ratified between the United 

 States and her Britannic Majesty. 



Mr. Bancroft Davis stated that he could not say 

 what would be the views of his government on this 

 motion until he should know the time for which the 

 adjournment was asked. 



Lord Tenterden stated that her Britannic Majes- 

 ty's Government believed that, in order to afford 

 time for the consideration of a supplementary con- 

 vention by the Senate of the United States in their 

 session commencing in December next, and for its 

 subsequent consideration by her Britannic Majesty's 

 Government, and for its ratification by the high con- 

 tracting parties respectively, it would be requisite 

 that the adjournment should be for a period of eight 

 months, but that power might be reserved for the 

 arbitrators to meet at any earlier date, upon being 

 convened for that purpose by the secretary of the 

 tribunal, upon the joint request, in writing, of the 

 agents of the two governments. 



Mr. Bancroft Davis said that his instructions did 

 not yet enable him to state to the arbitrators the 

 views of the Government of the United States on 

 this motion in full. He said that he was in tele- 

 graphic communication with his government, and 

 he asked an adjournment until Monday, the 17th 

 instant. 



The tribunal decided that the protocols should be 

 signed by the president and secretary of the tribunal, 

 and the agents of the two governments. 



The conference was then adjourned to Monday, 

 the 17th day of June, at 2 o'clock. 



FEEDEKICK SCLOPIS. 



J. C. BANCKOFT DAVIS. 



TENTERDEN. 



ALEX. FAVEOT, Secretary. 



ANNEX. 



The undersigned, agent of her Britannic Majesty, is 

 instructed by her Majesty's Government to state to 

 Count Sclopis,* the arbitrator named by his Majesty 

 the King of Italy, that they regret to be under the 

 necessity of informing the arbitrators that the dif- 

 ference between her Majesty's Government and the 

 Government of the United States, referred to in the 

 note which the undersigned had the honor to address 

 to Count Sclopis when presenting the British counter- 

 case on the 15th of April last, has not yet been re- 

 moved. 



Her Majesty's Government have, however, been 

 engaged^in negotiations with the Government of the 

 United States, which have continued down to the 

 present time, for the solution of the difficulty which 

 has thus arisen; and they do not abandon the hope 

 that, if further time were given for -that purpose, 

 such a solution might be practicable. 



Under these circumstances, the course which her 

 Majesty's Government would respectfully request 

 the tribunal to take is to adjourn the present meet- 



* A similar note was addressed to each of the arbitrators. 



ing for such a period as may enable a supplementary 

 convention to be still concluded and ratified between 

 the high contracting parties. 



Having lodged the present application, the under- 

 signed is instructed to withhold the written or 

 printed argument which the undersigned, as agent 

 of her Majesty, is directed to put in under the 5th 

 article of the treaty, although that argument has 

 been duly prepared and is in the hands of the under- 

 signed. 



The undersigned is further directed to say that 

 her Majesty's Government (while they would con- 

 sider the tribunal to have full power to proceed at 

 the end of the period of adjournment, if the dif- 

 ference between the high contracting parties should 

 then have been removed, notwithstanding the non- 

 delivery on this day of the argument by the under- 

 signed) continue, while requesting this adjournment, 

 to reserve all her Majesty's rights, in the event of an 

 agreement not being finally arrived at, in the same 

 manner as was expressed in the note addressed by 

 the undersigned to Count Sclopis on the 15th of 

 April. 



The undersigned has the honor to renew to Count 

 Sclopis the assurance of his highest consideration. 



GENEVA, June 15, 1872. TENTEKDEN. 



PROTOCOL IV. 



Record of the Proceedings of the Tribunal of Arbitration at 

 the fourth Conference held at Geneva, in Switzer- 

 land, on the Ylth day of June, 1872. 

 The conference was held pursuant to adjournment. 

 All the arbitrators were present. 



Mr. J. C. Bancroft Davis and Lord Tenterden at- 

 tended the conference as agents of the United States 

 and her Britannic Majesty, respectively. 



The protocol of the last conference was read and 

 approved, and was signed by the president and sec- 

 retary of the tribunal and the agents of the two gov- 

 ernments. 



Mr. Bancroft Davis stated that he was still without 

 definite instructions from his government regarding 

 the request of the British agent for adjournment, and 

 suggested a further adjournment of the tribunal until 

 Wednesday, the nineteenth instant. 



Lord Tenterden said that he could make no objec- 

 tion. The conference was then adjourned to Wednes- 

 day, the 1'Jth instant, at 2 o'clock. 



FREDERICK SCLOPIS. 



J. C. BANCROFT DAVIS. 



TENTERDEN. 



ALEX. FAVROT, Secretary. 



PROTOCOL V. 



The conference was held pursuant to adjournment. 

 All the arbitrators were present. 



Mr. J. C. Bancroft Davis and Lord Tenterden at- 

 tended the conference as agents of the United States 

 and her Britannic Majesty, respectively. 



The protocol of the last conference was read and 

 approved, and was signed by the president and sec- 

 retary of the tribunal, and the agents of the two gov- 

 ernments. 



Count Sclopis, as president of the tribunal, in- 



auired whether Mr. Bancroft Davis had yet received 

 efinitive instructions from his government. 



Mr. Bancroft Davis replied that he had not. 



Count Selopis then, on behalf of all the arbitrators, 

 made the following statement : 



The application of the agent of her Britannic Majesty's 

 Government heinsr now before the arbitrators, the presi- 

 dent of the tribunal (Count Sclopis) proposes to make the 

 following communication on the part of the arbitrators to 

 the parties interested : 



The arbitrators wish it to be understood, that in the ob- 

 servations which they are about to make they have in 

 view solely the application of the agent of her Britannic 



