THE COUNTER CASE OF THE UNITED STATES. 



INTRODUCTORY STATEMENT. 



It appears from an examination of the British Case that in addition 

 to presenting the evidence on which Great Britain relies, in conform- 

 ity with the requirements of Article VI of the Special Agreement 

 of January 27, 1909, under which this arbitration is held, the Case 

 also includes extensive discussions of legal authorities and prece- 

 dents and a considerable amount of argument, and that such discus- 

 sions and argument are built upon assumed positions and contentions 

 attributed to the United States, which, for the most part, the United 

 States is unwilling to accept as accurate or complete. 



The view taken on the part of the United States as to the function 

 and character of the printed Case and Counter-Case, required by 

 Article VI of the Special Agreement, has been that the Case should 

 present the evidence relied on in support of the position taken with 

 respect to each question, and that the Counter-Case should deal with 

 the evidence in reply to the Case of the other Party, postponing the 

 presentation and discussion of questions of law and of the issues raised 

 by the evidence until the printed and oral arguments. The Case of the 

 United States was prepared in accordance with this view, and in 

 the preparation and presentation of its Counter-Case the United 

 States will follow the course indicated. In order, therefore, that the 

 Counter-Case may not trespass upon the province of the arguments, 

 no attempt will be made therein to reply to the portions of the Brit- 

 ish Case which deal with questions of law or to argue the issues pre- 

 sented by the evidence, such questions being reserved for considera- 

 tion in the printed and oral arguments of the United States, in which 

 also precedents and legal authorities relied upon by the United 

 States will be presented and discussed. 



A list of charts published by the United States Hydrographic 

 Office, Bureau of Equipment, Department of the Navy, appears in 

 the Appendix at page 689, copies of which charts will be available for 

 use upon the oral argument. 



