296 APPENDIX TO COUNTER-CASE OF GREAT BRITAIN. 



The Goverumeiit of Her Britannic INFajesty therefore reserved, and in 

 their opinion rijihtly reserved, until the time contemplated by Articles 

 VII and IX of the Treaty, the consideration of the qnestion of con- 

 enrrent Kejiulations, shonld the contin«iency therefor arise, and Her 

 JMaJesty's Government protest against the introdnction at this stage of 

 facts tonching- seal life, Avhicli they contend atford no snpport to the 

 exdnsive rights claimed by the United States, which were the original 

 canse and formed the tirst object of this Arbitration. 



With regard to the allegation that the United States will have no 

 means of contradicting, limiting, or qnalifyiiig the proof and evidence 

 adduced in the British Counter Case, the Government of the United 

 States appear to have overlooked the provision of Article VII, by which, 

 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 ditferent view; they have taken the 

 position that any facts relevant to the consideration of concurrent Begu- 

 lations should have been included in the Case on behalf of Her Britan- 

 nic Majesty presented under Article HI, 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 Beport of the 

 British Commissioners, with its Appeiulices. The Government of the 

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

 ments as })art of the Case of the Government of Her Britannic Majesty. 



Her Britannic ^Majesty's Government must, lunvever, 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 tive points submitted by the sixth Article of the Treaty of matter 

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

 been improperly introduced in that connection. 



The Government of Her Britannic Majesty have observed with sur- 

 prise a sug'gestion contained in the concluding* paragraphs of Mr. 

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

 Keport of its Commissioners," by being tirst provided "with that of 

 their colleagues representinfj 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 ditferent 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 inde- 

 pendent and free from control in the preparation of their Eeport, and 

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

 imjiressed upon them in their instructions. 



The Eeport and Apj^endices, in the words in which they are now jire- 

 sented to the United States, were printed on the -1st June, 1802, 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 

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

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



