Record of the proceedings of the tribunal of arbitration under the provisions of the treaty between the United States of America and Her Britannic Majesty, concluded on the 8th of May, A. D. 1871, at the first conference held at Geneva in Switzerland, on the fifteenth day of December, in the year of our Lord one thousand eight hundred and seventy-one.
The conference was convened at the Hôtel de Ville at Geneva, in compliance with notices from Mr. J. C. Bancroft Davis, agent of the United States, and Lord Tenterden, agent of Her Britannic Majesty, in the form following:
Organization and delivery of cases. The undersigned having been appointed agent of the United States to attend the tribunal of arbitration about to be convened at Geneva under the provisions of the treaty between the United States and Great Britain of the 8th of May last, has the honor to acquaint Count Sclopis that it is proposed by the Government of the United States that the first meeting of the tribunal should be held at Geneva, if not inconvenient to the arbitrators, on the 15th instant.
J. C. BANCROFT DAVIS.
The arbitrators who were present and produced their respective powers, which were examined and found to be in good and due form, were: Charles Francis Adams, esquire, the arbitrator named by the President of the United States of America; the Bight Honorable Sir Alexander Cockburn, the Lord Chief Justice of England, the arbitrator named by Her Britannic Majesty; his excellency Count Sclopis, the arbitrator named by His Majesty the King of Italy; Mr. Jacques Stæmpfli, the arbitrator named by the President of the Swiss Confederation, and his excellency the Baron d’Itajubá, the arbitrator named by His Majesty the Emperor of Brazil.
J. C. Bancroft Davis, Esquire, attended the conference as the agent of the United States; the Bight Honorable Lord Tenterden attended as the agent of Her Britannic Majesty.
Mr. Adams proposed that Count Sclopis, as being the arbitrator named by the power first mentioned in the treaty after Great Britain and the United States, should preside over the labors of the tribunal.
The proposal was seconded by Sir Alexander Cockburn, and was unanimously adopted, and Count Sclopis, having expressed his acknowledgments, assumed the presidency.
On the proposal of Count Sclopis the tribunal of arbitration requested the arbitrator named by the President of the Swiss Confederation to recommend some suitable person to act as the secretary of the tribunal.
The Swiss arbitrator named M. Alexandre Favrot as a suitable person, and M. Alexandre Favrot was thereupon appointed by the tribunal of arbitration to act as its secretary during the conferences, and entered upon the duties of that office.
Mr. J. C. Bancroft Davis then presented in duplicate, to each of the arbitrators and to the agent of Great Britain, the printed case of the United [Page 16] States, accompanied by the documents, official correspondence, and other evidence on which they rely.
Lord Tenterden in like manner presented to each of the arbitrators and to the agent of the United States the printed case of the government of Her Britannic Majesty, accompanied by the documents, official correspondence, and other evidence on which it relies.
The tribunal of arbitration thereupon directed that the respective counter cases, additional documents, correspondence, and evidence called for or permitted by the fourth article of the treaty should be delivered to the secretary of the tribunal at the hall of the conference in the Hotel de Ville at Geneva, for the arbitrators and for the respective agents on or before the 15th day of April next.
The arbitrators further directed that either party desiring, under the provisions of the fourth article of the treaty, to extend the time for delivering, the counter cases, documents, correspondence, and evidence, shall make application to them through the secretary, and that the secretary shall thereupon convene a conference at Geneva at an early day to suit the convenience of the respective arbitrators, and that the notice thereof shall be given to the agent of the other party.
The tribunal of arbitration proceeded to direct that applications by either party, under the provisions of the fourth article of the treaty, for copies of reports or documents specified or alluded to, and in the exclusive possession of the other party, shall be made to the agent of the other party with the same force and effect as if made to the tribunal of arbitration.
The tribunal of arbitration farther directed that, should either party, in accordance with the provisions of the fourth article, call upon the other party, through the arbitration, to produce the originals or certified copies of any papers adduced as evidence, such application shall be made by written notice thereof to the secretary within thirty days after the delivery of the cases, and that thereupon the secretary shall transmit to the agent of the other party a copy of the request; and that it shall be the duty of the agent of the other party to deliver said originals or certified copies to the secretary, as soon as may be practicably convenient.
The arbitrators also agreed that for the purpose of deciding any question arising upon the foregoing rules, the presence of three of their number shall be sufficient.
The conference was adjourned to the following day, 16th of December, at 3 o’clock p m.
- J. C. BANCROFT DAVIS.
- TENTERDEN.
- ALEX. FAVROT,
Secretary.