On Jane 12th Mr. Olney replied, making several objections.. The
Commission of four would be useless, because its decisions must either be unanimous or else three to one. Equal voting must result in a deadlock. Next, there was no attempt to define a. bond-fide settlement. Lastly, the decision of the arbitrators who are to act on the facts, when found, is not to be binding on the essential points of controversy, —i.e., those connected with the settled districts. In the opinion of the United States Government Lord Salisbury's proposals can, however, be made fair if amended as follows :- (1) The Commission upon Facts to be of an uneven number so as to prevent a deadlock ; (2) the Commission to have power to report on all the facts, including facts pertaining to the occupation of the disputed territory by British subjects. The arbitral tribunal, which is to work on the facts, is to have a free hand over all the territory in dispute, provided that they give proper weight to the fact of occupation. Here, practically, the discussion closes, and without much apparent result. We wish Lord Salisbury, as a counter-proposal, would suggest that the Joint Commission, with one added Jurist, should examine and report on the facts, and then draw. the line, provided that if any British settlements are declared not to belong to Great Britain, she may have the option of retaining them on payment of a reasonable indemnity, to be settled by the tribunal.
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