122 THE TREATY OF WASHINGTON. 



on the 5th, 6th, and 8th of .August, consisting alto- 

 gether of 47 pages of the same folio impression. 



It would not be convenient, and it does not come 

 within my plan, to discuss the Arguments of Counsel 

 on either side, except where some particular point of 

 such Argument calls for notice. Hence, as in the 

 case of the general Arguments of April and of June, 

 so as to the special Arguments called for by the Tri 

 bunal, it will be sufficient to enumerate them, and to 

 give to them their proper place in the history of the 

 Arbitration. 



The first Argument of Sir Eoundell Palmer, how 

 ever, calls for some observations. 



Of his 43 pages, 31, say three quarters, are de 

 voted nominally to the question of due diligence gen 

 erally considered. 



Now, in the previous regular Arguments, each Gov 

 ernment had fully discussed this question, and had, 

 as if by common consent, concluded in express terms 

 that it neither required nor admitted any further dis 

 cussion. That conclusion was correct. Accordingly, 

 most of these 31 pages are occupied with matters re 

 motely, if at all, connected with the question, What 

 constitutes due diligence ? such as [copying, word for 

 word, sundry marginal notes] rules and principles 

 of international law ; express or implied engagements 

 of Great Britain; effect of prohibitory municipal laws; 

 the three Eules of the Treaty; the maxims cited by 

 the United States from Sir Kobert Phillimore on the 

 question, Civitas ne deliquerit an cives; for what pur 

 pose Great Britain refers to her municipal laws ; doc- 



