ALABAMA CLAIMS. 29 



5-442 pages, as reduced to a common standard, that of 

 the printing by Congress. 



The British &quot; Case &quot; and documents fill, in the re 

 print by Congress, three volumes octavo, consisting of 

 2823 pages. 



Perusal of the American and British Cases, and of 

 their accompanying documents on both sides, brings 

 us to consideration of the peculiarities in the course 

 of argument and trial prescribed by the Treaty. 



In effect, the United States were the plaintiffs, and 

 Great Britain the defendant, in a suit at law, to be 

 tried, it is true, before a special tribunal, and deter 

 mined by conventional rules, but not the less a suit 

 at law for the recovery of damages in reparation of 

 alleged injuries. 



In common course, the plaintiff s counsel would 

 open his case and put in his evidence ; the defendant s 

 counsel would then open the defense and put in de 

 fensive proofs ; and, after the close of the testimony 

 on both sides, the defendant s counsel would argue in 

 close for the defense, and then the plaintiff s counsel 

 in final close for the plaintiff. 



Here, on the contrary, the defendant s opening argu 

 ment and defensive proofs went in at the same time 

 as the plaintiff s opening argument and proofs, each 

 under the name of the &quot;Case&quot; of the respective Party. 



The British Case, of course, could not answer the 

 American Case, save by conjecture and anticipation 

 founded on common knowledge of the subject-matter. 



The respective Counter-Cases of the Parties were 

 to go in together, in like manner, in April, and their 



