Record of the proceedings of the tribunal of arbitration at the twenty-first conference, held at Geneva, in Switzerland, on the 15th of August, 1872.
Effect of commissions; new evidence submitted by G. B. The conference was held pursuant to adjournment. All the arbitratrators and the agents of the two governments were present.
The protocol of the last conference was read and approved, and was signed by the president and secretary of the tribunal and the agents of the two governments.
The tribunal proceeded to consider the effects of the commissions of confederate ships of war entering British ports, and the supplies of coal in British ports to confederate ships.
Lord Tenterden, as agent of Her Britannic Majesty, submitted the following statement:
As the tribunal is now approaching the consideration of the case of the Georgia, I beg respectfully to submit that in the argument of the United States, with respect to that vessel, (pages 224, 225,) it is (for the first time) suggested that the British government ought to have informed themselves, by inquiry, what ships were being built in February, 1863, for the Emperor of China; and certain inferences appear to be drawn from the (assumed) fact that they omitted to do so.
In consequence of this unforeseen suggestion, documents have become material, which did not appear to be so, when the appendices to the British case and counter-case were prepared, and which were, therefore, not included in those appendices. To elucidate this point, I have now in my possession, and am desirous of delivering to the arbitrators, copies of four letters:
- No. 1. From Mr. Hammond to Mr. Lay, the agent of the Emperor of China, dated 28th February, 1863, (in which the inquiry, which the United States suggest as proper to have been made, was actually made by Earl Russell’s direction;)
- No. 2. From Mr. Lay to Mr. Hammond, dated 2d March, 1863, (communicating the information desired;)
- No. 3. From Earl Russell to Mr. Adams, dated 5th March, 1863, (communicating to Mr. Adams the information so obtained from Mr. Lay;) and
- No. 4. From Mr. Adams to Earl Russell, dated 11th March, 1863, (acknowledging the receipt of No. 3.)
Mr. Bancroft Davis, as agent of the United States, stated in reply:
I have examined the letters which Lord Tenterden wishes to present. They appear to contain nothing which we regard as important, in themselves; hut we can find no authority in the treaty authorizing the tribunal either to call for or to admit new evidence from either party at this stage of the proceedings. I must leave the tribunal to act upon the application as in its judgment it may see fit.
The tribunal decided to receive the letters from Lord Tenterden, who thereupon presented them.
The tribunal also decided to consider the case of the Georgia at the next meeting.
The conference was then adjourned until Friday, the 16th instant, at 12 o’clock.
- FREDERICK SCLOPIS.
- J. C. BANCROFT DAVIS.
- TENTERDEN.
- ALEX. FAVROT, Secretary.