112 THE TREATY OF AVASIIINGTON. 



able them to arrive at a just and correct conclusion," 

 — " to call for the assistance of the eminent counsel 

 who are in attendance on the Tribunal to assist them 

 with their reasoning and learning." 



Analyzing the proposition, and omitting the intro- 

 ductoiy and concluding phrases of moi-e or less irrel- 

 evant and diffuse appeal to extraneous considera- 

 tions, the essence of the proposition is to call on 

 Counsel to assist the Tribunal, " so that arguments 

 scattered over a mass of documents may be presented 

 in a concentrated and appreciable form." 



Now, passing over the looseness and inaccuracy of 

 expression in this statement, it plainly is incorrect in 

 substance. The considerations of law or fact neces- 

 sary for the instruction of the Tribunal are not " scat- 

 tered over a mass of documents ;" they are '' presented 

 in a concentrated . . . form" [we do not say apprecia- 

 Ue^ because that is not a quality intelligible as ap- 

 plied to form~\ in the three arguments of each of the 

 Governments, — that is to say, " Cases," " Counter- 

 Cases," and " Arguments." The proposition betrays 

 singular confusion of mind on the part of a '}nsip?'ius 

 lawyer and judge. The subjects or elements of ar- 

 gument are, it is true, "scattered over a mass of doc- 

 uments ;" ])ut it is quite absurd to apply this johrase 

 to the Arguments themselves, in which the two Gov- 

 ernments had each labored, we may suppose, to ex- 

 hiljit their views of the law and the fticts in a man- 

 ner to be readily comprehended and appreciated by 

 the Tribunal. In the Arguments proper, filed on the 

 15th of June, each Agent had, as the Treaty requires^ 



