70 TlIK TREATY OF WASHINGTON. ' 



"Tl.o Arbitrators <1 j not ])roi)osc to express or imply any 

 opinion iii)on llic jwint thus in dilVcrcncc between tbo two 

 (iovcrninciits as to the interpretation or eflect of tlic Treaty, 

 but it seems to them obvious tliat tlic substantial object ot" 

 the adjourniiK'nt must be to give the tsvo (.Jovernments an ojv 

 port unity of detcrminintc "whetiicr tlic claims in question shall 

 or shall not be submitte*! to the decision of the Arbitrators, 

 and that any tlilVerence between the two (lovernmenls on this 

 jioint may make tlie adjournment uiijiroduclive of any useful 

 efl'ect, and, after a delay of many nuniths, during which both 

 nations may be kept in a state of painful suspense, may end in 

 a result which it is to be ])resumed both Governments would 

 equally deplore, that of makiuj^ this aibitration wholly abor- 

 tive. This being so, the Arbitrators think it right to state 

 that, after the most careful jtcrusal of all that has been urged 

 on the part of the (Tovernment of the United .States in rcs])ect 

 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 apjdicablc to such cases, 

 good foundation for an award of conijicnsation or computation 

 of damages between nations; and should, uj)on sucli princi- 

 )des, be wholly excluded from the consideration of the Tribu- 

 nal in making its award, even if there were no disagreement 

 between the two (lovernments ns to the conijx'tejicy of the 

 Tribunal to decide thereon. AVith a view to the settlement 

 of the other claims, to the consideration of which by the Ti'i- 

 bnnal no exce])tion has been taken on the part of Her IJritan- 

 nic Majesty's (lovernment, the Arbitrators have thought it de- 

 sirable to lay before the ]>artie3 this exju'cssion of the views 

 they have formed upon the question of ]Md)lic law involved, in 

 order tiiat, alter this declaration by the Tribunal, it may bo 

 considered by the Government of the United States Avhether 

 any course can be adoj)ted res))ecting the first- mentioned 

 claims wliich would relieve the Tribunal from the necessity of 

 deciding npon the ])resent api)lication of Her Britannic iMaj- 

 csty's Government." 



Count Sclopis added tli.it it "was tlic intention of 

 the Tribunal that this statement sliould be consid- 



