Papers relating to the foreign relations of the United States, transmitted to Congress with the annual message of the President, December 2, 1872, Part II, Volume IV

Record of the proceedings of the tribunal of arbitration at the third conference held at Geneva, in Switzerland, on the 15th day of June, 1872.

[Geneva, Switzerland, June 15, 1872.]

The conference was held pursuant to adjournment. All the arbitrators were present.

Mr. J. C. Bancroft Davis and Lord Tenterden attended the conference as agents of the United States and Her Britannic Majesty, respectively.

Delivery of American argument. Mr. J. C. Bancroft Davis then delivered in duplicate to each of the arbitrators, and to Lord Tenterden, the agent of Her Britannic Majesty, a printed argument, showing the points and referring to the evidence on which his Government relies.

British motion for adjournment. Lord Tenterden then, on behalf of Her Britannic Majesty’s government, presented the note, of which a copy is annexed, requesting an adjournment of the tribunal for the reasons therein stated, for such a period as might enable a supplementary convention to be concluded and ratified between the United States and Her Britannic Majesty.

Mr. Bancroft Davis stated that he could not say what would be the views of his Government on this motion until he should know the time for which the adjournment was asked.

Lord Tenterden stated that Her Britannic Majesty’s government believed that, in order to afford time for the consideration of a supplementary convention by the Senate of the United States in their session commencing in December next, and for its subsequent consideration by Her Britannic Majesty’s government, and for its ratification by the high contracting parties respectively, it would be requisite that the adjournment should be for a period of eight months, but that power might be reserved for the arbitrators to meet at any earlier date, upon being convened for that purpose by the secretary of the tribunal, upon the joint request, in writing, of the agents of the two governments.

Mr. Bancroft Davis said that his instructions did not yet enable him to state to the arbitrators the views of the Government of the United States on this motion in full. He said that he was in telegraphic communication with his Government, and he asked an adjournment until Monday, the 17th instant.

The tribunal decided that the protocols should be signed by the president and secretary of the tribunal and the agents of the two governments.

The conference was then adjourned to Monday, the 17th day of June, at 2 o’clock.

• FREDERICK SCLOPIS.
• J. C. BANCROFT DAVIS.
• TENTERDEN.
• ALEX. FAVROT, Secretary.

Annex.

The undersigned agent of Her Britannic Majesty is instructed by Her Majesty’s government to state to Count Sclopis,^* the arbitrator named by His Majesty the King of Italy, that they regret to be under the necessity of informing the arbitrators that the difference between Her Majesty’s government and the Government of the United States, referred to in the note which the undersigned had the honor to address to Count Sclopis when presenting the British counter case on the 15th of April last, has not yet been removed.

Her Majesty’s government have, however, been engaged in negotiations with the Government of the United States, which have continued down to the present time, for the solution of the difficulty which has thus arisen; and they do not abandon the hope that, if further time were given lor that purpose, such a solution might be practicable.

Under these circumstances, the course which Her Majesty’s government would respectfully request the tribunal to take is to adjourn the present meeting for such a period as may enable a supplementary convention to be still concluded and ratified between the high contracting parties.

Having lodged the present application, the undersigned is instructed to withhold the written or printed argument which the undersigned, as agent of Her Majesty, is directed to put in under the 5th article of the treaty, although that argument has been duly prepared and is in the hands of the undersigned.

The undersigned is further directed to say that Her Majesty’s government (while they would consider the tribunal to have full power to proceed at the end of the period of adjournment, if the difference between the high contracting parties should then have been removed, notwithstanding the non-delivery on this day of the argument by the undersigned) continue, while requesting this adjournment, to reserve all Her Majesty’s rights, in the event of an agreement not being finally arrived at, in the same manner as was expressed in the note addressed by the undersigned to Count Sclopis on the 15th of April.

The undersigned has the honor to renew to Count Sclopis the assurance of his highest consideration.

TENTERDEN.

Geneva, June 15, 1872.

1. A similar note was addressed to each of the arbitrators.