The tribunal then proceeded with the consideration of the case of the Florida. The Florida. The conference was adjourned until Friday, the 19th instant, at 1 o'clock in the afternoon. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XII. Record of the proceedings of the tribunal of arbitration at the twelfth conference, held at Geneva, in Switzerland, on the 19th of July, 1872. All the arbi The conference was held pursuant to adjournment. trators 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 continued with the consideration of the case of the Florida. The Florida The tribunal decided that the meetings should, for the present, be held on Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays. The conference then adjourned until Monday, the 22d instant, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XIII. Record of the proceedings of the tribunal of arbitration at the thirteenth conference, held at Geneva, in Switzerland, on the 22d of July, 1872. The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. The proctocol 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 continued with the consideration of the case of the Florida. Sir Alexander Cockburn, as one of the arbitrators, proposed to the tribunal under the fifth article of the treaty of Washington, to call for the assistance of counsel upon the effect of the term of "due diligence," and as to the principles of international law tion for argument applicable to the case under the terms of that article. Sir A. Cockburn's denied. The AlaLima. After deliberation, a majority of the tribunal decided that it does not at present require the assistance of the agents and counsel upon the point proposed by Sir Alexander Cockburn; but that it reserves the right of requiring that assistance on any point, if necessary, according to the fifth article of the treaty. The tribunal also decided to consider at the next conference the case of the Alabama, and the questions of "due diligence," and the effect of a commission in connection with that vessel. The conference was adjourned until Thursday, the 25th instant, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XIV. Record of the proceedings of the tribunal of arbitration at the fourteenth conference, held at Geneva, in Switzerland, on the 25th of July, 1872. Argument ordered ns to due diligence. Effect of commis 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 apsions and supplies of proved, and was signed by the president and secretary of the tribunal and the agents of the two-governments. coal. The Alabama. On the proposal of Baron d'Itajubá, as one of the arbitrators, the tribunal decided to require a written or printed statement or argument from the counsel of Great Britain upon the following questions of law: 1. The question of due diligence, generally considered; 2. The special question, as to the effect of the commissions of confederate ships of war entering British ports; 3. The special question, as to supplies of coal in British ports to confederate ships; With the right to the other party to reply either orally or in writing, as the case may be. Baron d'Itajubá proposed that when a proposition should be made to the tribunal, the discussion of that proposition should always be put off to the next following conference; which was agreed to. The tribunal then proceeded with the case of the Alabama. The tribunal also decided to consider at the next conference the cases of the Sumter, Nashville, and Chickamauga, successively. The conference was then adjourned until Monday, the 29th instant, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XV. Record of the proceedings of the tribunal of arbitration at the fifteenth conference, held at Geneva, in Switzerland, on the 29th of July, 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 British argument submitted: Sumter, Nashville, and Chick amauga. the tribunal and the agents of the two governments. Lord Tenderden, agent of Her Britannic Majesty, announced that he had already delivered to the secretary a written statement or argument from the counsel of Her Britannic Majesty upon the three questions of law required by the tribunal at the preceding conference. The tribunal then proceeded with the cases of the vessels the Sumter, the Nashville, and the Chickamauga, as decided at the last meeting. The tribunal also decided to consider at the next conference the cases of the Olustee or Tallahassee, the Retribution, and the Tuscaloosa. The conference was then adjourned until Tuesday, the 30th instant, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XVI. Record of the proceedings of the tribunal of arbitration at the sixteenth conference, held at 'Geneva, in Switzerland, on the 30th of July, 1872. The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. Tallahassee and The protocol of the last conference was read and approved, Retribution. and was signed by the president and secretary of the tribunal and the agents of the two governments. The tribunal then proceeded with the cases of the vessels the Tuscaloosa, the Tallahassee, and the Retribution. The tribunal also decided to devote the next conference to receiving the written or oral statement or argument of the counsel of the United States, in reply to the argument presented at the last conference by the counsel of Her Britannic Majesty. The conference was then adjourned until Monday, the 5th of August, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XVII. Record of the proceedings of the tribunal of arbitration at the seventeenth conference, held at Genera, in Switzerland, on the 5th of August, 1872. The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. Oral argument of The protocol of the last conference was read and approved, Mr. Evarts, and was signed by the president and secretary of the tribunal and the agents of the two governments. The tribunal proceeded with the hearing of the oral argument by Mr. Evarts, counsel of the United States, in reply to the argument presented by Sir Roundell Palmer, counsel of Her Britannic Majesty, at the fif teenth conference. The tribunal then adjourned until Tuesday, the 6th instant, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XVIII. Record of the proceedings of the tribunal of arbitration at the eighteenth conference, held at Genera, in Switzerland, on the 6th of August, 1872. The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. Arg: ments of Mr. Fvarts and General Cush.ng. The protocol of the last conference was read and approved, and was signed by the president and secretary of the tribu nal and the agents of the two governments. Mr. Evarts concluded the oral argument on the part of the counsel of the United States in reply to the argument on the part of the counsel of Her Britannic Majesty. Mr. Cushing delivered to the tribunal a written argument on the part of the counsel of the United States in reply to a portion of the argu ment presented by the counsel of Her Britannic Majesty. The tribunal then adjourned until Thursday, the 8th instant, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. PROTOCOL XIX. Record of the proceedings of the tribunal of arbitration at the nineteenth conference, held at Geneva, in Switzerland, on the 8th of August, 1872. Retribution; argument of Mr. Waite 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 concluded the examination of the case of the Retribution. Mr. Waite delivered to the tribunal a written argument on the part of the counsel of the United States, in reply to a portion of the argument presented by the counsel of Her Britannic Majesty. The tribunal then adjourned until Wednesday, the 14th instant, at half past 12 o'clock. FREDERICK SCLOPIS. J. C. BANCROFT DAVIS. ALEX. FAVROT, Secretary. 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. Salle, Jeff. Davis, The conference was held pursuant to adjournment. All the arbitrators and the agents of the two governments were present. Music, and V. H. 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. Joy. 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. 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 commis sions; 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 ;) |