INTRODUCTION liii 



agreement for the constitution of the temporary tribimal to interpret, 

 the Convention of 1818 by answering each of the seven questions to be 

 submitted to its determination. Therefore in Article V, Great Britain 

 and the United States agreed that the arbitrators to form the temporary 

 tribimal should be chosen "from the general Ust of members of the Per- 

 manent Court at The Hague, in accordance with the provisions of 

 Article XLV of the Convention for the Pacific Settlement of Interna- 

 tional Disputes," signed at The Hague on October 18, 1907. 



Article XLV, referred to, contemplates a direct agreement of the 

 parties on the composition of the tribimal, and provides a method of 

 selecting five judges of the permanent panel to constitute a temporary 

 tribunal should the parties in" controversy be unable to agree upon the 

 choice of the judges. Fortunately, Mr. Root and Mr. Bryce agreed 

 upon the five judges of the tribunal, and it is, therefore, unnecessary 

 to outhne the method of constituting the tribunal which would have 

 been employed had they failed to agree. It may be said, however, that 

 Article XLV contemplates a tribunal of five as the normal type, 

 although the parties may agree upon a lesser number of judges, and 

 likewise contemplates that not more than two of the prospective judges 

 shall be subjects or citizens of the litigating countries. The ideal 

 tribunal, of course, would consist of five strangers to the controversy, 

 but Messrs. Root and Bryce considered the presence of an American and 

 British judge as likely to prove helpful, because the treaty to be inter- 

 preted was a technical document, and American and British lawyers, versed 

 in jurisprudence common to both countries, might well assist without 

 dominating the tribunal in ascertaining the meaning and intent of its 

 terms. For this reason, the Honorable George Gray, Judge of the United 

 States Circuit Court of Appeals, and the Right Honorable Sir Charles 

 Fitzpatrick, Chief Justice of the Dominion of Canada, were selected. 

 The remaining members of the tribunal, constituting the majority, were 

 by mutual agreement to be strangers to the controversy. The fact that 

 an EngUsh document was to be interpreted and that the diplomatic 

 negotiations running over a century were conducted in EngUsh made 

 it essential that the judges should be competent English scholars, and 

 the further fact that the proceedings were to be in EngUsh required the 

 judges to possess a conversational knowledge of the language. 



Dr. Heinrich Lammasch, Professor of International Law at the 

 University of Vienna, was chosen as umpire, and the two remaining 

 members of the tribunal were mutually agreed upon; namely. His 

 ExceUency Jonkheer A. F. de Savomin Lohman, Minister of State of 

 The Netherlands, and the Honorable Luis M. Drago, formerly Min- 



