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reply. 1 think wc would l)o fur below tho standunl {^ivcn to us in the compliments 

 of our learned friends if \\v did not see very clearly tiie coiirHe which they propose 

 (() follow. Tlicy would have ihe moans of niecliii^ cwrytliin^ wc could stuto ; and 

 anytiiint;' wc niii;'lil stale alier tliat, I don'l conceive wlial it could amount to. It 

 uwiy striiic pi r. ons mil familiar willi courts of justice, tliat it is strange wc should 

 insist on having (he last words, and our friends magnify tiial extraordinary desire 

 on our part, lo point out tiiat v.c have not to deal iiere with a jury, which mi^ht 

 he misled hy the elo(|ue,iec of some skilful lawyer, iuit <'.al wi have to deal with u 

 far hii>her order of tlud}>cs. This 1 admit. Ihit 1 \\< uid like m\ learned friends to 

 oxpluiii the strenuous efforts they arc niaUin)>' to ^et tiiat reply. It is nothing hut 

 such a demand that my learned friends are putting forward. Our American friends 

 have hecn socxtraordinarily lucky in all their international diliieullies, that they have 

 arrived at the last degree of dariii;;. We are liviii};- in hope tl.al loine time or other 

 the balance in couneetion with international dilheidties between lOnglund and the 

 United Stales will turn on the right side. I do not know if wc are in the way of 

 reaching such fortunate result, hut wc live in that hope. Our learned friends on the 

 other side pretend liint they have been |)laced at a disadvantage, Ironi the fact that 

 we did not, as they say, open our case. We did open our case. We opened through 

 Mr. Tiionison, who stated to the Commission that all he had to say was printed, cut 

 and dried, and ready to be read ; that it set out the case in better language than he 

 could have used in a speech, and that there was nothing to add to or take from it. 

 I think this was the best opening 'hatcouhl have been made; otherwise our learned 

 iricnds might h/ivc eomplinned. and said they expected to have obtained more detailed 

 inlbrnialion about tiie casi-. Hnl they fell ii was a saving of lii.ie, and they have 

 ex|)ressed the opinion to-day that it would ha\e served no real interest to have gone 

 any further liian Mr. 'I'homson proceeded. Mi. Dana has complained that the brief 

 which has Ijeen Hied by the .Vnu'rican Agent has not yet received an answer. I 

 think wc are not bound to answer the iirief. If we do so, it will be merely out of 

 courtesy to our iVieiuls. Oui- answer might come in our linal written argument, and 

 there is no reason wiiatever, and no right on the part of ttie counsel of the United 

 States, to demand to have it sooner tiian that. If we choose not lo answer it even then, 

 I queslion if we can be required to answer it ; so that if we give an answer to 

 their briel, it will be a mere matter of courtesy, because wc are not b' und to do so. 



Mr. liiinii. — Do we unilerstand there is lo be no answer? 



Mr. Doiilrc. — I do not say so. While I think we will lilc an answer, it will be 

 done out of courtesy to tlic coun.sel lor the United Slates. We have been told wc 

 are kee|)ing maskiii liatteries for the last moment. I wouitl like to know where we 

 would linii .luunuiiilion to serv(! those b.-itteries. Is not all our case in the docu- 

 nient- tiled, in liie I'eposiiions el the witnesses, and in the adiduvits'r Can wc bring 

 anylliing moru to bear': Tiiey are our aniniunition : tliey arc all here, our hands 

 are empty, and we iiave no nioie to serve any masked liatteries. The argument 

 may lie very plausible, tliat in a large (jucstion involving two great countries, it is 

 necessary that everything siiould be dcmc which lends to enlighten the minds of the 

 .ludges, so that a just residt may be secured ; but that argument, your Honours will 

 understand, would be as good in every Court in the wovdd to obtain for the defendant 

 ilie lasl words, and change all the rules of judicial tribunals. Hon. Mr. foster sa\s 

 he has been induced toagrec lo tlie deuiand now under discussion, l)ecause, when lie 

 ^aw he was going lo he met, eoniraiv lo the expei'tation of iiis (iovernineiit, i)y live 

 gentlemen, whose laleiil he magiiihes for llie occasion, b'.-cause it suits the jiurpose 

 he ha.s in view, iie ihoiighl he woulil be under a disadvanlage il the rule in (piestion 

 siuiulcl be maintained. If we go IkuJ.; lo lite time when the rule v\as adopted, it will 

 be re-jolleeted liiat tiie live lawyers on beliall' oi ihe lirilish v ':i-,c were then before 

 the C'ommisiion. II lliev were not .;dadtted. it was known lor several weeks that 

 the liritisli .\genl intended lo be assisted b\ counsel ; so tlie laet was fully before 

 every one of us wIkmi ilie rules were adopted. Xovv we arc asked to change these 

 rules. So long as it is a matter of convenienec and pure courtesy to the United 

 States, we have no diHieulty in acceding to their request, and in doing this we arc 

 acting within the terms of the written document under discussion, which says : — 



■ A; \vr uiiilc!',-;iiiihi llio wj.-ih 111 hoth (loVL-iiiiiii'iil.. Ill 1.1.' llml tin; vvlifilc tii.sfustiiriii .shuulil Ije as 

 lluiik iiiiil lull us ]ins.silil(', il lii)-i ociiaied U) u.s thai vnii )iii<,'lil In; iU.s|iri.stMl lu hHdw u.i In ii(io]it 

 Slid] III! iirriiDLtiMiient u.s would, in mir Jiidi,'iiiuiit, bi'.sl (■luililu u.s In lny liclnii- you u cuiniilule jpM'slmiI- 

 iiii'iii III' llii' ip|iiiiiiiii- (jT till! 'liivi iii|iii'iil wc rcjiivsc'iit, anil wi.' IVtI iiinic ii.^.suii'il in llmt (ijiiiiicii, us 

 ;lr'' |.ii\ ilf.'i' ili'|iri\r.., r;.iiiisi'l on till' iilliiT .~:iile 111' nil uilv;iiilai;r wliicli tlicy imw jm.ssi'.s.s ; tor liesidu.-. 

 lliu ri^lil 111 iv]iiy In liii' ]iriiiUd ui;,'u!iii'iil wliicj] llu'V imw liuve, wc would, ol' toursf.', expect that 

 they wmild uNn lio idlnwefl the iij,dil of oiiil veidy if the)' desired to exercise it." 



