BEPOBT OP THE AGENT OF THE UNITED STATES. 11 



pages and included all the pertinent and material diplomatic corre- 

 spondence between the United States and Great Britain, and the cor- 

 respondence between Great Britain and her colonies and her diplo- 

 matic representatives, in so far as it was available to the United 

 States; also all legislative and executive acts on the part of the 

 United States and of Great Britain and the British colonies, bearing 

 upon the questions submitted, together with the available records of 

 the negotiations leading up to the treaties of 1783, 1814, 1818, 1854, 

 1871 and the unratified treaty of 1888, and the modus vivendi 

 entered into in 1885, in 1888, in 1906, in 1907 and in 1908 between 

 Great Britain and the United States. 



The countercase of the United States, which also was prepared 

 by the agent, presented in the form of a brief on the facts the evidence 

 on the part of the United States in support of its contentions in reply 

 to the evidence presented in the British case, dealing separately 

 with each of the seven questions submitted for decision, the docu- 

 mentary evidence relied upon being printed in an accompanying 

 appendix covering about 700 printed pages. 



The documentary evidence presented in the British case and coun- 

 tercase was similar in character to that presented on the part of the 

 United States, and to a considerable extent identical with it, and 

 about equally voluminous. The method of dealing with such evi- 

 dence, however, in the British case and countercase was somewhat 

 different from that followed in the case and countercase of the United 

 States, a large part of the British pleadings being devoted to argu- 

 ment on the law and citations of authorities and precedents, in dis- 

 tinction from the mere argumentative presentation of the facts and 

 evidence relied upon, which was the course adopted in the case and 

 countercase of the United States. 



The Hon. Eobert Lansing acted as solicitor for the agency, and 

 rendered valuable assistance to the agent throughout the period 

 devoted to the preparation of the case and countercase, in connec- 

 tion with the preparation of the appendices of the case and counter- 

 case containing the documentary evidence relied on by the United 

 States. Upon the completion of that work, Mr. Lansing was desig- 

 nated as one of the associate counsel for the United States in the 

 arbitration proceedings. 



The Hon. James Brown Scott, then Solicitor for the Department of 

 State and one of the associate counsel for the United States in this 

 case, compiled for the use of the agent and counsel a very complete 

 and useful collection of extracts from the writings of all the leading 

 authorities on international law dealing with the doctrine of inter- 

 national servitudes. A similar compilation of extracts from the lead- 

 ing international law publicists dealing with the subject of coastal 

 waters was prepared by Edwin M. Borchardt, Esq., of the Library of 



