122 THE TREATY OF "WASHINGTON. 



on tlie otli, Ctb, and 8tli of August, consisting alto- 

 gether of 47 j)ages of the same folio impression. 



It would not be convenient, and it does not come 

 within my plan, to discuss the Arguments of Counsel 

 on either side, except where some j^articular point of 

 such Argument calls for notice. Hence, as in the 

 case of the general Arguments of April and of June, 

 so as to the special Arguments called for by the Tri- 

 bunal, it will be sufficient to enumerate them, and to 

 give to them their proper place in the history of the 

 Arbitration. 



The first Argument of Sir Roundell Palmer, how- 

 ever, calls for some observations. 



Of his 43 pages, 31, — say three quarters, — are de- 

 voted nomi nail i/ to the question of due diligence gen- 

 erally considered. 



Now, in the previous regular Arguments, each Gov- 

 ernment had fully discussed this question, and hacl, 

 as if by common consent, concluded in express terms 

 that it neither required nor admitted any further dis- 

 cussion. That conclusion was correct. Accordingly, 

 most of these 31 pages are occupied with matters re- 

 motely, if at all, connected with the question, AYhat 

 constitutes due diligence ?— ^such as [copying, ^voixl for 

 word, sundry marginal notes] rules and j^rinciples 

 of international law ; express or implied engagements 

 of Great Britain ; effect of prohibitory municipal laws; 

 the three Kules of the Treaty; the maxims cited by 

 the United States from Sir Kobert Phillimore on the 

 question, Ci vitas ne deliquerit an cives; for what pur- 

 pose Great Britain refers to her municipal laws ; doc- 



