APPENDIX TO COUNTER-CASE OF GREAT BRITAIN. 293 



Both UTiderstaiul by long correspondence and negotiation wliat the cor- 

 troversy is. Then to each is aiforded the op])ortunity to reply to the 

 Case on the other sule in the Connter-Case which is to be exchanged 

 within three months after the reception of tlie Case. The language of 

 Article IV is upon this point decisive. No further opportunity of sub- 

 mitting evidence and no second hearing are provided for respecting 

 Ilegulations or any other matter. 



To the Counter-Case no reply is provided for except in argument, for 

 the plain reason that it is supposed to contain no evidence except that 

 in rebuttal. This method is fair to both sides, and places both on an 

 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 mouths from the close of the arguments. 



The Government of the United States has entire confidence that, in 

 this view of tlie requirements of the Treaty, it will have the concurrence 

 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 pro- 

 found regret to the United States Government, and, as it cannot doubt, 

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

 be put in peril. Should the assurance bo 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 

 statements made in that Case by the Agent of Great Britain herein 

 quoted, I am directed by the President to state that he would feel con- 

 strained 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 the 29th February, 1S92, and to protest in the most solemn 

 manner against this non-compliance with its provisions. 



But the President entertains the greatest confidence that when the 

 views herein exj)ressed are brought to the attention of Her Majesty's 

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

 by its Eepresentatives 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 

 4 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 circumstances. 



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 advan- 

 tage which it is conceived was not inter.ded to be atibrded 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 Peport of its Commissioners it should first be provided 

 with that of their colleagues representing the other Government in 



