70 THE TREATY OF WASHINGTON. 



&quot;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, A 

 but it seems to them obvious that the substantial object of 

 the adjournment must be to give the two Governments an op j ^ 

 portunity 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 adjournment 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 abor- 



tive.yThis 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 respect 

 of these claims, they have arrived, individually and collective 

 ly, at the conclusion that these claims do not constitute, upon 

 the principles of international law applicable to such cases, 

 good foundation for an award of compensation or computation 

 of damages between nations ; and should, upon such princi 

 ples, be wholly excluded from the consideration of the Tribu 

 nal 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 Tri 

 bunal no exception has been taken on the part of Her Britan 

 nic Majesty s Government, the Arbitrators have thought it de 

 sirable 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 Maj 

 esty s Government.&quot; 



Count Sclopis added that it was the intention of 

 the Tribunal that this statement should be co nsid- 



