02 THE TREATY OF WASHINGTON. 



passed away, leaving tlio great question unsettled, in 

 Avliat manner nltiniately to deal with the claim for 

 national losses preferred by the United States. 



NKCIOTIATIONS 1011 A .SUITLEMENTAL TREATY. 



A new series of events then ha])pened, which occu- 

 pied the period intervening between tlie loth of April 

 and the lolh of June. 



It occurred to the two Governments that tlie dlfli- 

 culty might be disposed of by the exchange of diplo- 

 matic notes, which, in laying down a definite rule of 

 reciprocal internatiomJ I'ight on the subject of such 

 losses, should reserve or leave imimjiaired the ])rescnt 

 jiretensions of both Ciovernments. The Britit^h Gov- 

 ernment would not admit tiuit it was the intention 

 of the Treaty to cover national losses; the United 

 States insisted that it was, and refused to do any act 

 incomi)atible with this construction of the Treaty; 

 and, therefore, they woidd not withdraw any part of 

 the American Case, nor disavow the ,oj)inion that it 

 was within the province of the Arbitrators to consid- 

 er all the claims, aiul to determine the liability of 

 (treat liritain for all the claims, which had been put 

 forward by the United States. But the American 

 Government had not asked for pecuniary damages in 

 its "Case" on account of that part of the claims called 

 the indirect losses; it only desired a judgment there- 

 on, which woidd remove them for all future time as a 

 cause of dilfercnce between the two Governments. 

 To liold that this class of claims was not. disposed of 

 by the Treaty, — that is, was not a subject for the con« 



