EELATING TO INTERPRETATION OF TREATY. 143 



equality. And as confirming the intention of the Governments as to 

 these stages of the proceedings of the Arbitration, it is required that 

 the decision of the Tribunal on the points submitted to it shall, if pos- 

 sible, be made within three months from the close of the arguments. 



The Government of the United States has entire confidence that in 

 this view of the requirements of the Treaty it will have the concur- 

 rence of Her Majesty's Government. 



The Government of the United States has been and is extremely 

 desirous that the Arbitration should proceed, but only according to the 

 Treaty, the object of which was to provide a fair trial. To this end it 

 has made an elaborate preparation and has complied, on its part, with 

 every requirement of the Treaty. It would be a source of profound 

 regret to the United States Government and, as it can not doubt, to 

 Her Majesty's Government, if the Arbitration should at this stage be 

 put in peril. Should the assurance be received from Her Majesty's 

 Government that the apprehension above expressed is unfounded, and 

 that it is not intended on the part of that Government to offer in its 

 Counter Case evidence on the points that have been mentioned herein, 

 the Government of the United States would accept the British Case as 

 already delivered as a full compliance with the requirements of the 

 Treaty. 



But in the absence of such an assurance, and in view of the state- 

 ments made in that Case by the agent of Great Britain herein quoted, 

 I am directed by the President to state that he would feel constrained 

 to regard the British Case as submitted as a failure on the part of Her 

 Majesty's Government to comply with the terms of the Treaty of Feb- 

 ruary 29, 1892, and to protest in the most solemn manner against this 

 noncompliance with its provisions. 



But the President entertains the greatest confidence that when the 

 views herein expressed are brought to the attention of Her Majesty's 

 Government it will hasten to correct the errors which have been made 

 by its representatives in charge of its Case, and he is pleased to give 

 the assurance in advance that the Government of the United States 

 will assent to any reasonable means that may be proposed to that end 

 by Her Majesty's Government. It is to be noted, however, that if the 

 date fixed in the Treaty for the closing of the Counter Cases is to be 

 observed no time is to be lost by the British Government in submitting 

 such proposition as may seem to it to be called for under the circum- 

 stances. 



It would not be possible to correct the injustice which the Govern- 

 ment of the United States conceives has already been done by the 

 manner in which the British Case has been made up. It was an ad- 

 vantage which, it is conceived, was not intended to be afforded to either 

 party that, in taking its evidence in chief, it should have the benefit 

 of the possession of all the evidence on the other side, as also that in 

 making up the report of its Commissioners it should first be provided 

 with that of their colleagues representing the other Government in re- 

 spect to those points upon which they have failed to agree. But this 

 disadvantage the United States Government prefers to submit to, 

 though quite aware of its importance, rather than that the arbitration 

 should be put in peril. 



I have felt it necessary to enter at some length upon an exposition 

 of the views of my Government upon this question, because of its 

 great gravity and of the serious consequences which might result from 

 a failure of the two governments to agree respecting it, and because 

 of the earnest desire of my Government to reach a mutually satisfactory 

 settlement. I deem it proper, however, to add in conclusion that the 



