272 APPENDIX. 



of His Majesty the Emperor of Germany, who, having regard to the above- 

 mentioned article of the said Treaty, shall decide thereupon, finally and with 

 out appeal, which of those claims is most in accordance with the true interpre 

 tation of the Treaty of June 15, 1846. 



ARTICLE XXXV. 



The award of His Majesty the Emperor of Germany shall be considered as 

 absolutely final and conclusive ; and full effect shall be given to such award 

 without any objection, evasion, or delay whatsoever. Such decision shall be 

 given in writing and dated ; it shall be in whatsoever form His Majesty may 

 choose to adopt ; it shall be delivered to the Eepresentatives or other public 

 Agents of the United States and of Great Britain, respectively, who may be actu 

 ally at Berlin, and shall be considered as operative from the day of the date of 

 the delivery thereof. 



ARTICLE XXXVI. 



The written or printed case of each of the two Parties, accompanied by the 

 evidence offered in support of the same, shall be laid before His Majesty the 

 Emperor of Germany within six months from the date of the exchange of the 

 ratifications of this Treaty, and a copy of such case and evidence shall be com 

 municated by each Party to the other, through their respective Eepresentatives 

 at Berlin. 



The High Contracting Parties may include in the evidence to be considered 

 by the Arbitrator such documents, official correspondence, and other official or 

 public statements bearing on the subject of the reference as they may consider 

 necessary to the support of their respective cases. 



After the written or printed case shall have been communicated by each 

 Party to the other, each Party shall have the power of drawing up and laying 

 before the Arbitrator a second and definitive statement, if it think fit to do so, 

 in reply to the case of the other party so communicated, which definitive state 

 ment shall be so laid before the Arbitrator, and also be mutually communicated 

 in the same manner as aforesaid, by each Party to the other, within six months 

 from the date of laying the first statement of the case before the Arbitrator. 



ARTICLE XXXVII. 



If, in the case submitted to the Arbitrator, either Party shall specify or allude 

 to any report or document in its own exclusive possession without annexing a 

 copy, such Party shall be bound, if the other Party thinks proper to apply for 

 it, to furnish that Party with a copy thereof, and either Party may call upon 

 the other, through the Arbitrator, to produce the originals .or certified copies 

 of any papers adduced as evidence, giving in each instance such reasonable no 

 tice as the Arbitrator may require. And if the Arbitrator should desire fur- 



