70 THE TREATY OF WASHINGTON. 



"The Arbitrators do not propose to express or imply any 

 opinion npon the point thus in tlitference between the two 

 Governments as to the interpretation or eftect of tlic Treaty, 

 but it seems to them obvious that the substantial object of 

 the adjournment must be to give the two Governments an op- 

 portunity of detei-miiiing whether the claims in question shall 

 vr shall not be submitted to the decision of the Arbitrators, 

 and that any difference between the two Governments on this 

 point may make the adjournment unj)roductive of any useful 

 effect, and, after a delay of many months, during which both 

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

 a result which it is to be presumed both Governments would 

 equally deplore, that of making this arbitration Avholly abor- 

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

 that, after the most careful pevnsal of all that has been urged - 

 on the part of the Government of the United States in respect 

 of these claims, they have arrived, individually and^cojlective- 

 ly, at the conclusion that these claims do not constitute, npon_ 

 the principles of international law applicable to such caa 

 good foundation for an award of compensation or computation 

 of damages between nations; and should, upon such princi- 

 ples, be wholly excluded from the consideration of the Tribu- 

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

 between the two Governments as to the competency of the 

 Tribunal to decide thereon. With a view to the settlement 

 of the other claims, to the consideration of which by the Tri- 

 bunal no exception has been taken on the part of Her Britan- 

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

 sirable to lay before the parties this expression of the views 

 they have formed upon the question of public law involved, in 

 order that, after this declaration by the Tribunal, it may be 

 considered by the Government of the United States whether 

 any course can be adoj^ted respecting the first -mentioned 

 claims which Mould relieve the Tribunal from the necessity of 

 deciding upon the present aj)plication of Her Britannic Maj- 

 esty's Government." 



Count Sclo2:)is added that it was tlie intention of 

 tlie Tribunal that this statement should be consid- 



