152 THE TREATY OF WASHINGTON. 
s’expose justement 4 ce que l'autre belligérant suspecte ca 
bonne fot.” 
In these observations, we see that the Vicomte 
d’Itajubé appeals to the same“ intuitive perceptions 
of right” which are so unpalatable to the British Ar. 
bitrator, 
The Vicomte d’Itajubd does not give us any opin- 
ion on the subject of “due diligence generally consid- 
ered:” which tends to prove that his call for argument 
on that point was not induced by any need on his 
part for elucidation of Counsel. 
The opinions of Count Sclopis,—not only those in 
which he judges the particular cases, but especially 
those in which he discusses the questions of public 
law, as to which mere opinéon was drawn from the Ar. 
bitrators, virtually at the instance of Great Britain,— 
are instructive and interesting disquisitions, of per- 
manent value as the views of an erudite legist and a 
practiced statesman. ‘The paper on due diligence is 
remarkable for its profound and comprehensive view 
of that subject in its higher relation to the acts of 
sovereign States. In this paper, he thoroughly exposes 
the fallacy of the argument of Sir Roundell Palmer, 
which would lower the generality and the greatness 
of the Treaty Rules to the level of the municipal law 
of Great Britain. 
And now, having reviewed the stipulations of the 
Treaty in this respect, the debates attending it both 
before and after its conclusion, the proceedings of the 
Tribunal of Arbitration, and the separate opinions of 
the Arbitrators, we come to the consideration of what 
