102 THE TREATY OF WASIIIXGTOX. 



British Governuieiit would seem to Lave siipj^osed 

 that the United States were to discuss and confute 

 the British " Counter-Case" in the American " Counter- 

 Case ;" that is, to make reply to an elaborate argu- 

 ment on tlie law and the facts [for such is the British 

 "Counter-Case"] without seeing it or possessing any 

 knowledge of its contents. Manifestly, no complete 

 and systematic final "Argument" on the part of the 

 United States was possible without previous thought- 

 ful knowledge of the British " Counter-Case." And 

 yet Sir Boundell Palmer, in expressing desire to an- 

 swer our "Argument," reasoned expressly on the im- 

 plication that it ought to have been "« mere comple- 

 ment of previous documents^ Ko such idea certainly 

 is conveyed by the Treaty; and tlie implication is 

 contrary to reason and the very nature of things. 



Sir Boundell Palmer entered on the question the 

 moment it became reasonably certain that the Arbi- 

 tration would proceed. On the 29th of June he pro- 

 posed to us, informally, to ari'ange for reargument of 

 the cause, he to have until the end of the first week 

 of August to prepare his Argument, and we to the 

 end of August to prepare a reply. The effect of this 

 would be a suspension of the sittings for more than 

 ten -weeks, and a prolongation to that extent [and 

 perhaps much more] of the absence of the American 

 Arbitrator, Agent, and Counsel from their country. 

 In other respects the proposition involved much in- 

 equality; for it would have given to the British 

 Counsel nearly six iceeks at his own home in London, 

 with books, assistants, translators, and printing-offices 



