152 THE TREATY OF WASHINGTON. 



s'exposc justcmcnt u ce que I'autre belligerant suspecte sa 

 bonne foi.''^ 



In tliese observ^ations, we see that the Yicomte 

 critajuba appeals to tlie same "intuitive perceptions 

 of riglit" which are so unpaLatable to the British Ar- 

 bitrator. 



The Vicomte d'ltajuba does not giv^e us any opin- 

 ion on the subject of " due diligence generally consid- 

 ered :" which tends to prove that his call for argument 

 on that point was not induced by any need on his 

 part for elucidation of Counsel. 



The opinions of Count Sclopis, — not only those in 

 w^hich he judges the particular cases, but especially 

 those in which he discusses the questions of public 

 law, as to which mere opinion was drawn from the Ar- 

 bitrators, virtually at the instance of Great Britain, — 

 are instructive and interesting disquisitions, of per- 

 manent value as the views of an erudite legist and a 

 practiced statesman. The paper on due diligence is 

 remarkable for its profound and comprehensive view 

 of that subject in its higher relation to the acts of 

 sovereign States. In this paper, he thoroughly exposes 

 the fallacy of the argument of Sir Eoundell Palmer, 

 which would lower the generality and the greatness 

 of the Treaty Bules to the level of the municipal law 

 of Great Britain. 



And now, having reviewed the stipulations of the 

 Treaty in this respect, the debates attending it both 

 before and after its conclusion, the proceedings of the 

 Tribunal of Arbitration, and the separate opinions of 

 the Arbitrators, we come to the consideration of what 



