146 DIPLOMATIC CORRESPONDENCE. 



with reference to the question of the concurrent regulations, express 

 permission is given to each government to submit other evidence. 



These are the views of the Government of Her Britannic Majesty, 

 and they must maintain their correctness. But the Government of the 

 United States have expressed a different view; they have taken the 

 position that any facts relevant to the consideration of concurrent 

 regulations should have been included in the Case on behalf of Her 

 Britannic Majesty presented under article in, and that the absence of 

 any statement of such facts places the United States at a disadvantage. 

 The Government of Her Britannic Majesty, while dissenting from this 

 view, are desirous in every way to facilitate the progress of the arbi- 

 tration, and are therefore willing to furnish at once to the Government 

 of the United States and to the arbitrators the separate report of the 

 British Commissioners, with its appendices. The Government of the 

 United States are at liberty, so far as they think fit, to treat these 

 documents as part of the Case of the Government of Her Britannic 

 Majesty. 



Her Britannic Majesty's Government must, however, reserve to them- 

 selves the right of dealing in its Counter Case, or at later stages of the 

 proceedings, as contemplated by the Treaty, with the questions which 

 have been raised in the Case of the United States. It must also be 

 understood that Her Britannic Majesty's Government reserve to them- 

 selves the right of objecting to the introduction in the consideration of 

 the five points submitted by the sixth article of the Treaty of matter 

 which they contend to be irrelevant and which they consider to have 

 been improperly introduced in that connection. 



The Government of Her Britannic Majesty have observed with sur- 

 prise a suggestion, contained in the concluding paragraphs of Mr. 

 Foster's note, that they have derived an advantage in " making up the 

 report of its Commissioners," by being first provided " with that ot 

 their colleagues representing the other government in respect to those 

 points upon which they have failed to agree." This advantage Mr. 

 Foster further characterizes as important. The Government of Her 

 Britannic Majesty had taken a different view as to the functions of the 

 Commissioners from that apparently taken by the Government of the 

 United States. Her Majesty's Government had regarded them as in- 

 dependent and free from control in the preparation of their report, and 

 the duty of strict impartiality will be found to have been specially im- 

 pressed upon them in their instructions. 



The report and appendices, in the words in which they are now 

 presented to the United States, were printed on the 21st June, 1892, 

 and laid before the Queen in pursuance of Her Majesty's Commission. 



As the time for the delivery of the Counter Cases has now been ex- 

 tended by sixty days, the Government of the United States will prob- 

 ably concur in thinking that ample time will be afforded to that Gov- 

 ernment for dealing fully with the report, but the Government of Her 

 Britannic Majesty would, be prepared to concur with the United States 

 Government in agreeing to a further extension of time, should the 

 United States Government require it. 



You will deliver to Mr. Foster a copy of this dispatch, as forming 

 the answer of Her Majesty's Government to his note of the 27th ultimo, 

 and you will present to him at the same time the accompanying copies 

 of the volume containing the report of the British Commissioners. 



Copies of the volume will be forwarded to each of the arbitrators, 

 and Her Majesty's Government propose also to forward to them copies 

 of Mr. Foster's note and of this dispatch. 



I am, etc., Bosebery. 



