PROTOCOL XX.

Record of the proceedings of the tribunal of arbitration at the twentieth conference, held at Geneva, in Switzerland, on the 14th of August, 1872.

The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present.

Sallie, Jeff. Davis, Music, and V. H. Joy.

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.

Mr. Bancroft Davis, in reply to an inquiry from Count Sclopis on behalf of the tribunal, stated as follows:

The claims for losses growing out of the acts of the Sallie, the Jeff. Davis, the Music, the Boston, and the V. H. Joy, are respectfully submitted for the determination of the tribunal.

The agent of the United States has no instructions regarding them, except what appears in the list of claims presented on the 15th of December last, and in the revised list of claims presented on the 15th of April last.

The tribunal directed this statement to be recorded, and passed to the consideration of the question of "due diligence," generally considered. The conference was adjourned until Thursday, the 15th instant, at half past 12 o'clock.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL XXI.

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. The conference was held pursuant to adjournment. All the arbitratrators and the agents of the two governments were present.

Effect of commissions; new evidence submitted by G. B.

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 countercase 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; but 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.

PROTOCOL XXII.

Record of the proceedings of the tribunal of arbitration at the twenty-second conference, held at Geneva, in Switzerland, on the 16th of August,

1872.

The conference was held pursuant to adjournment. All the arbitrators 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 Georgia.

The tribunal considered the case of the Georgia.

The tribunal decided to proceed with the consideration of the case of the Shenandoah at the next meeting.

The conference was adjourned until Monday, the 19th instant, at halfpast 12 o'clock.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL XXIII.

Record of the proceedings of the tribunal of arbitration at the twentythird conference, held at Geneva, in Switzerland, on the 19th of August,

1872.

The conference was held pursuant to adjournment. All the arbitrators 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 considered the case of the Shenandoah.

Shenandoah: new

tables presented by

Count Sclopis having expressed some doubts concerning the agents. the chief point of this discussion, requested the tribunal to permit the counsel to afford further elucidation with regard to that point.

The tribunal decided to hear these explanations at the next conference.

In compliance with a request of the tribunal, Mr. J. C. Bancroft Davis, as agent of the United States, and Lord Tenterden, as agent of Her Britannic Majesty, respectively, presented to the tribunal tables of figures relating to the losses for which compensation is claimed by the United States, with explanatory statements and observations.

The conference was adjourned until Wednesday, the 21st instant, at half-past 12 o'clock.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL XXIV.

Record of the proceedings of the tribunal of arbitration at the twenty-fourth conference, held at Geneva, in Switzerland, on the 21st of August, 1872.

Shenandoah: argument ordered

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

of the entry of Florida into Mobile.

The tribunal continued the consideration of the case of the Shenandoah, by hearing explanations from Sir Roundell Palmer and Mr. C. Cushing.

At the close of his remarks, Mr. C. Cushing requested to be informed by the tribunal whether the questions outside of that of enlistment,. on which the elucidation called for specially turned, remain open before the tribunal.

After deliberation, a majority of four to one declared the tribunal sufficiently enlightened.

Count Sclopis then concluded the statement of his opinions, which he had not completed at the meeting of the 19th instant.

Sir Alexander Cockburn, as one of the arbitrators, then proposed to the tribunal to require further elucidation by counsel upon the following question:

The legal effect, if any, of the fact that the Florida, after leaving the Bahamas, did, before entering on her employment as a vessel of war and taking any vessel of the United States, go into Mobile, a confederate port, and after a delay of four months, proceed from thence on her cruise against the shipping of the United States; under the circumstances appearing in the evidence.

The tribunal decided to adopt the proposal.

The conference was then adjourned until Friday, the 23d instant, at half-past 12 o'clock.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL XXV.

Record of the proceedings of the tribunal of arbitration at the twenty-fifth conference, held at Geneva, in Switzerland, on the 23d of August, 1872.

Lord Tenderden's statement about ta'bles presented by

The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. The protocol of the last conference was read and approved, Mr. Davis; argu; and was signed by the president and secretary of the tribsundry decisions. unal and the agents of the two governments.

ments Florida;

Lord Tenterden, as agent of Her Britannic Majesty, read the following statement:

As agent of Her Britannic Majesty, I have the honor respectfully to represent to the tribunal that the tables of claims which were pro forma presented to the arbitrators by the agent of the United States on Monday, 19th instant, but of which I was only furnished with copies on the night of the 21st instant, contain new and additional claims of the following description.

1. a. Claims for wages of crews of captured vessels from time of capture.

b. Claims for loss of personal effects of officers and.crews.

There is no evidence as to the number of the crews, nor as to the long and varying periods for which their wages are calculated, nor as to any such personal effects having been in fact lost.

In short, these claims are wholly conjectural in amount and unsupported by any evidence whatsover.

2. Additional claims for shares of vessels not claimed for up to the present time, e. g. : where an individual claimant has only claimed for four-fifths of the value of a vessel, an arbitrary claim is now advanced for the first time on the part of the United States Government for the value of the remaining fifth.

It is not alleged that the part owner who had not previously claimed has now given any authority for this claim to be advanced. The strong presumption indeed is that he may have already received the value of his share from English or other foreign insurance companies, with whom it was insured, and who are not entitled under the treaty to advance any claim.

3. Claims previously presented have been increased in amount without any ground appearing for such increase.

The total amount of these three classes of claims, which are now for the first time advanced on the part of the United States Government, appears, in round numbers, to be at least two millions of dollars.

Independently of the fact that these additional claims are unsupported by any evidence, it is my duty respectfully to submit to the tribunal that the additional statement of any new claims whatever, in this stage of the arbitration, for the purpose of influencing or affecting the judgment of the tribunal upon any matter within its authority, is contrary to the provisions of the treaty.

The treaty contemplates that the statements of facts and evidence, constituting the whole case of each party, should be brought before the tribunal within the times and in the manner specified in Articles 3, 4 and 5, subject only to such further statements or arguments as under Article 5 the arbitrators may think fit to require or permit for the elucidation of any point contained in, or arising out of, the documents previously put in by either party.

I have also to submit that the introduction of such additional claims is not authorized by the request made by the arbitrators.

This request was that comparative statements of the results in figures of the claims already made, as appearing in the papers previously presented, according to the views of the respective parties, should be prepared, with explanatory observations, and laid before the tribunal, and it could not have been intended to afford the opportunity for bringing forward new, or increasing former, claims.

Under these circumstances, I respectfully request the arbitrators to disallow, as unauthorized by them, and as contrary to the treaty, the tables containing such additional claims, presented by the agent of the United States, and the memorandum relating to them, without prejudice to his right to present other tables, accompanied by any explanatory observations, which shall be limited to the particular claims already set forth in the case and counter-case of the United States, and the appendices thereto. The tribunal decided to adjourn the consideration of this matter until the next conference.

Sir Roundell Palmer, as counsel of Her Britannic Majesty, then read the argument required by the tribunal on Sir Alexander Cockburn's

proposal, upon the question of law mentioned in Prococol XXIV, and Mr. Evarts, as counsel of the United States, replied to it.

On the proposal of Viscount d'Itajuba, one of the arbitrators, the tribunal decided to adjourn until the next conference the further discussion upon the Florida, and to proceed with the definitive vote on each vessel separately.

The tribunal then decided that it had to consider only such vessels with regard to which claims were presented in the case and counter-case of the United States; every other question being consequently understood as dismissed from consideration.

Count Sclopis, as president of the tribunal, having read the Article VII of the Treaty of Washington, asked the tribunal whether, as to the Sumter, Great Britain has, by any act or omission, failed to fulfill any of the duties set forth in the three rules mentioned in Article VI of the treaty, or recognized by the principles of international law, not inconsistent with such rules.

The tribunal unanimously replied "No."

The same question was asked as to the Nashville, and the tribunal unanimously replied "No."

The same question was renewed as to the Retribution.

Mr. Adams answered "Yes, for all the acts of this vessel."

Mr. Stampfli answered "Yes, as to the loss of the Emily Fisher." Sir Alexander Cockburn, Viscount d'Itajuba, and Count Sclopis answered "No."

The same question was asked as to the Georgia, and the tribunal unanimously answered "No."

The same question was repeated as to the Tallahassee and Chickamauga, separately, and the tribunal unanimously answered "No" for each of these vessels.

The same question having been repeated as to the Alabama, the tribunal unanimously answered "Yes."

The same question was renewed as to the Shenandoah, and Mr. Adams, Mr. Stampfli, and Count Sclopis answered "Yes; but only for the acts committed by this vessel after her departure from Melbourne on the 18th of February, 1865." Viscount d'Itajuba and Sir Alexander Cockburn auswered "No."

The definitive vote on the Florida was adjourned until the next meeting.

The conference was then adjourned until Monday, the 26th instant, at half past 12 o'clock.

FREDERICK SCLOPIS.

J. C. BANCROFT DAVIS.
TENTERDEN.

ALEX. FAVROT, Secretary.

PROTOCOL XXVI.

Record of the proceedings of the tribunal of arbitration at the twenty-sixth conference held at Geneva in Switzerland, on 26th of August, 1872.

presents new tables

The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. Lord Tenterde 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.

sundry decisions. Lord Tenterden's re

Mr. Davis replies to

marks on the American tables.