248 DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



Majesty's Government, which is now before them, for an 

 adjournment, which might be prolonged till the month of 

 February in next year; and the motives for that applica- 

 tion namely, the difference of opinion which exists be- 

 tween her Britannic Majesty's Government and the Gov- 

 ernment of the United States as to the competency of the 

 tribunal" under the Treaty of Washington, to deal with 

 the claims advanced in the case of the United States in 

 respect of losses under the several heads of 1. " The 

 losses in the transfer of the American commercial marine 

 to the British nag;" 2. " The enhanced payments of in- 

 surance ; " and 3. " The prolongation of the war, and the 

 addition of a large sum to the cost of the war and the sup- 

 pression of the rebellion ; " and the hope which her Bri- 

 tannic Majesty's Government does not abandon, that if suf- 

 ficient time were given for that purpose, a solution of the 

 difficulty which has thus arisen, by the negotiation of a 

 supplementary convention of the two governments, 

 might be found practicable. 



The arbitrators do not propose to express or imply any 

 opinion upon the point thus in difference between the two 

 governments as to the interpretation or effect of the 

 treaty ; but it seems to them obvious that the substantial 

 object of the adjournment must be to give the two govern- 

 ments an opportunity of determining whether the claims 

 in question shall or shall not be submitted to the decision 

 of the arbitrators, and that any difference between the 

 two governments on this point may make the adjourn- 

 ment unproductive of any useful effect, and, after a delay 

 of many months, during which both nations may be kept 

 in a state of painful suspense, may end in a result which, 

 it is to be presumed, both governments would equally 

 deplore that of making this arbitration wholly abortive. 

 This being so, the arbitrators think it right to state that, 

 after the most careful perusal of all that has been urged 

 on the part of the Government of the United States in re- 

 spect of these claims, they have arrived, individually and 

 collectively, at the conclusion that these claims do not 

 constitute, upon the principle of international law ap- 

 plicable to such cases, good foundation for an award of 

 compensation or computation of damages between na- 

 tions, and should, upon such principles, be wholly ex- 

 cluded from the consideration of the tribunal in making 

 its award, even if there were no disagreement between 

 the two governments as to the competency of the tribunal 

 to decide thereon. 



With a view to the settlement of the other claims to 

 the consideration of which by the tribunal no exception 

 has been taken on the part of her Britannic Majesty's 

 Government, the arbitrators have thought it desirable to 

 lay before the parties this expression of the views they 

 have formed upon the question of public law involved, in. 

 order that after this declaration by the tribunal it may be 

 considered by the Government of the United States 

 whether any course can be adopted respecting the first- 

 mentioned claims which would relieve the tribunal from, 

 the necessity of deciding upon the present application of 

 her Britannic Majesty's Government. 



Count Sclopis added that it was the intention of 

 the tribunal that this statement should bo considered 

 for the present to be confidential. 



Count Sclopis then asked whether the agents or 

 either of them wished to say any thing touching the 

 declaration just made. 



Mr. Bancroft Davis said that he was necessarily 

 without instructions to meet the contingency which 

 had arisen from the action thus taken by the ar- 

 bitrators. He therefore left it with the tribunal to 

 say whether, in view of this fact, it ought not of its 

 own motion to make an adjournment sufficient to 

 afford time for the proper consideration of the new 

 position created by the announcement of the tri- 

 bunal. 



The tribunal then ordered this conference to ad- 

 journ until Wednesday, the 26th instant, at 2 o'clock 

 in the afternoon. FREDERICK SCLOPIS. 



J. C. BANCROFT DAVIS. 



TENTERDEN. 



ALEX. FAVROT, Secretary. 



PROTOCOL VI. 



Record of the Proceedings of the Tribunal of Arbitration at' 

 the Sixth Conference held at Geneva, In Switzerland, 

 on the 25M of June, 1872. 



The conference was held pursuant to a call by the 

 president, Count Sclopis. All the arbitrators were 

 present. 

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



tended the conference as agents of the United States 

 and her Britannic Majesty, respectively. 



Count Sclopis ? as president of the tribunal, stated 

 that he had received from Mr. Bancroft Davis the in- 

 formation that he was prepared to communicate to 

 the tribunal the action authorized by his govern- 

 ment respecting the declaration made by the ar- 

 bitrators at the last conference. 



Count Sclopis added that, being desirous of ad- 

 vancing the work of the tribunal, he had, therefore, 

 convoked the conference this day, instead of Wednes- 

 day, the day to which the adjournment had been 

 made. 



Mr. Bancroft Davis stated as follows : 



The declaration made by the tribunal, individually and 

 collectively, respecting the claims presented by the 

 United States for the award of the tribunal for 1. "The 

 losset* in the transfer of the American commercial ma- 

 rine to the British flag;" 2. "The enhanced payments 

 of insurance ; " and 3. " The prolongation of the war 

 and the addition of a large sum to the cost of the war 

 and the suppression of the rebellion," is accepted by the 

 President of the United States as determinative of their 

 judgment upon the important question of public law 

 involved. 



The agent of the United States is authorized to say 

 that, consequently, the above-mentioned claims will not 

 be further insisted upon before the tribunal by the United 

 States, and may be excluded from all consideration in 

 any award that may be made. 



Lord Tenterden then said : 



I will inform my government of the declaration made 

 by the arbitrators on the 19th instant, and of the state- 

 ment now made by the agent of the United State?, and 

 request their instructions. 



The conference was then adjourned to Tuesday, 

 the 27th instant, at 11 o'clock in the morning. 

 FREDERICK SCLOPIS. 

 J. C. BANCROFT DAVIS. 

 TENTERDEN. 

 ALEX. FAVROT, Secretary. 



PROTOCOL VII. 



Record of tli& Proceedings of the Tribunal of Arbitration, 

 at the Seventh Conference, held at Geneva, in Switzer- 

 land, on the 21th of June, 1872. 



The conference was held pursuant to adjourn- 

 ment. 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 

 governments. 



Count Sclopis, as president of the tribunal, in- 

 quired whether Lord Tenterden had received the 

 instructions from his government for which he had 

 said that he would apply at the last conference. 



Lord Tenterden. then read the following state- 

 ment : 



The undersigned, agent of her Britannic Majesty, is 

 authorized by her Majesty's Government to state that 

 her Majesty's Government find in the communication on 

 the part of the arbitrators, recorded in the protocol of 

 their proceedings of the 19th instant, nothing to which 

 they cannot assent, consistently with the view of the 

 interpretation and effect of (he Treaty of Washington 

 hitherto maintained by them; and being informed of the 

 statement made on the 25th instant by the agent of the 

 United States, that, the several claims particularly men- 

 tioned in that statement will not be further insisted 

 tipon before the tribunal by the United States, and may 

 be excluded from all consideration in any award that 

 may be made; and assuming that the arbitrators will, 

 upon such statement, think n't now to declare that the 

 said several claims are, and from henceforth will be, 

 wholly excluded from their consklerat ion, and will em- 

 body such declaration in their protocol of this day's pro- 

 ceedings; they. have instructed the nndenflgned, upon 

 this being done, to request leave to withdraw the appli- 

 cation made by him to the tribunal on the 15th instant 

 for snch an adjournment as might enable a supplemen- 

 tary convention to be concluded and ratified between the 

 high contracting parties; and to request leave 



