APPENDIX.
331
The addresses of Mr. DE LONG and Mr. BAR- NARD, which could not be given, of course, among the official notes we here subjoin. The evidence being ended, Mr. De Long read as follows-
UNITED STATES OF AMERICA LEGATION, HEAD QUARTERS, JAPAN.
TO THIS HONORABLE COURT,
I would state in regard to this case and the pro- priety of my making an argument in it before this court, as follows:
Rather than two courts should sit to decide the issues that are now involved before this, cach hear ing but a part or one side of the evidence, and thus rendering decisions upon really ex-parte evidence, I, in consultation with the American Consul here, and Her Majesty's Minister and Consul, concluded with all of them that it would be far more satisfactory to every one, including our respective Governments, and far more liable to be productive of an intelligent and just result of these matters, if the whole of this case from the mouths of all witnesses should be heard by one and the same court, the representatives of both Great Britain and America to be present to see or assist in the management of the cause; to the end that all material facts should be elicited; that exact justice might be done. Then, inasmuch as the preliminary steps had been taken to organise this court upon the application of Mr. Dalziel, Agent of the P. & O. Co, it was concluded and agreed that we would here appear and hold such full and fair inquiry. I have appeared in this court not as a connsel but as a Minister of the United States of America, taking such steps us I deemed necessary to the end of eliciting all of the facts necessary to enable the administration of the Government I re- present, to fairly know and understand where rests the blame for the loss of national property, and the lives of one hundred and twelve or our nation's gallant sons.
Her Majesty's representative, like myself, has also been constant in his attendance upon this trial; ma- king such suggestions and proposing to the court such questions during this examination, as he deem- ed proper; but has been saved the necessity of ma- king oral examination of witnesses, by reason of the act that the accused has been represented by counsel
learned in the law, besides his brother Captain in the same line Mr. Edmonds, and the Agent of the Company Mr. Dalziel.
If the course of proceeding is without precedent, it is one that the British and American Authori- ties here, both deemed wise; and for pursuing which they are responsible only to their respective govern- ments: although, as far as I am concerned, this pub- lic statement is made out of respect to public opinion.
Having diligently attended to this proceeding until all witnesses within my knowledge have been critically examined and the truth ascertained as nearly as possible, I feel that I have proceeded as far as I may with propriety do; lest I may sink the Minister in the Counsellor,
Whilst therefore I do not consider that I may with propriety engage in an argument of this canse, it may not be amiss for me to submit herewith a few general remarks.
This cause is one that naturally must attract throughout Europe and America much attention; and all of our proceedings and your Honour's judg ment must necessarily be expected to be passed in review and critically discussed by the civilized world. In addition to this, the conclusions of this Court in this case must necessarily be regarded as a precedent of a leading character, at least by the two great nationalities here represented.
Hence considering that your actions here must live after you, and that the greatest possible good or ill may be worked by your action, I feel safe in the assurance that you neither desire, nor cần you afford to do aught else than mete out by your judgment, unbending and rigorous justice: regard- less alike of the nationality of the accused and his accusers, and also of the individual sympathy you
may
feel for him by whose negligence or error it may have been that this dire calamity have been wrought.
Viewed from this stand point, the question of what may or may not be the consequences to the officers of the steamer Bombay, of your judgment in this action, sinks into utter insignificance; besides the most important effects upon the maritime interests of England and America, and indeed of the civilized world your action here must necessarily have.
EX
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