PAPERS RELATING TO THE TREATY OF WASHINGTON

The instructions to Lord Lyons might have been regarded as a cause
of war..

Former negotiations regarding the declarations of the congress of

Paris

Contrast between conduct of Great Britain toward the United States

in the Trent affair, and toward violators of British neutrality in the

insurgent interest

M. Rolin-Jacquemyns on British neutrality

86

4:0

Proof of the unfriendly feeling of members of the British cabinet and

Parliament

Conclusions

100 45

I. THE DUTIES WHICH GREAT BRITAIN, AS A NEUTRAL, SHOULD HAVE

OBSERVED TOWARD THE UNITED STATES.

The Queen's proclamation a recognition of obligations under the law

of nations

Great Britain has recognized its obligations in various ways.

The obligations recognized by the foreign enlistment act of 1819..

Municipal laws designed to aid a government in the performance of

international duties

Great Britain bound to perform the duties recognized by that act.... 108

48

The duties recognized by that act...................

109

48

Royal commission to revise the foreign enlistment act of 1819

International law is a part of the common law of England.

Duties recognized by instructions to British officials during the insur-
rection

125 55

Correspondence between the two governments in 1793–’94.

Treaty of November 19, 1794..........

126 55

131 57

Construction of that treaty by the commissioners appointed under it.

The neutrality laws of the United States enacted at the request of

Great Britain

III. THE DUTIES WHICH GREAT BRITAIN, AS A NEUTRAL, SHOULD HAVE

OBSERVED TOWARD THE UNITED STATES-Continued.

Correspondence between the United States and Portugal.

Principles recognized in that correspondence

Rules in the treaty of Washington

What is due diligence

Fitting out, arming, or equipping, each an offense

The second clause of the first rule....

Geneva Present

edition, edition.

Reasons for a change of language.

Continuing force of the rule

163 69

Duty to detain offending vessels recognized by Great Britain.

The foregoing views in harmony with the opinions of European pub-

The principle recognized by France, Great Britain, Spain, Portugal,

and the United States..

Deposit of the offense

209

86

Résumé of principles.-

210 87

IV. WHEREIN GREAT BRITAIN FAILED TO PERFORM ITS DUTIES AS A

NEUTRAL.

Admissions of British cabinet ministers

British ports the base of insurgent operations; a partial hospitality

shown to the insurgents; a branch of their government established

in Liverpool; their government vessels officially aided in evading

the blockade, and in furnishing them with arms, munitions, and

means for carrying on the struggle...

The firm of Fraser, Trenholm & Co..

Character of the blockaded coast

Geographical situation of Nassau and Bermuda..

What was done at Nassau

The United States denied permission to deposit coal at Nassau..
Complaints to Earl Russell and his reply ...

Instructions as to hospitalities to the belligerents...

IV. WHEREIN GREAT BRITAIN FAILED TO PERFORM ITS DUTIES AS A

NEUTRAL—Continued.

Lord Palmerston's threats

Geneva Present
edition. edition.

Page. Page.

Contraband of war fraudulently cleared at Nassau for British ports.. 236

Résumé for the year 1862

These proceedings were an abandonment, in advance, of "due dili-

The rulings in the Alexandra case emasculated the foreign enlistment

act..

259 106

Laird's iron-clad rams...

260 106

Their detention not an abandonment of the lax construction of the

duties of a neutral...............

264 108

The contracts with Arman for the construction of vessels in France.. 266 108

Conduct of the French Government.....

267 109

Contrast between the conduct of France and of Great Britain.

269 109

The Tuscaloosa at the Cape of Good Hope......

270 110

She is released against the advice of Sir Baldwin Walker.

272 110

The course of the governor is disapproved.........

272 111

The Tuscaloosa comes again into the waters of the Colony

273 111

The governor reverses his policy and seizes the vessel...

His course is again disapproved.

Blockade-running

Cotton shipments..

The insurgent government interested in blockade-running.

These facts brought to Earl Russell's notice.

Earl Russell's attention again called to these facts.

Blockade-running in partnership with the insurgent government.... 286 116

He sees no offense in them....

Mr. Mountague Bernard's list of vessels detained by Great Britain...

The charges in Mr. Fish's instructions of September 25, 1869, are sus-

tained by this evidence..

V. WHEREIN GREAT BRITAIN FAILED TO PERFORM ITS DUTIES AS A NEUTRAL.

THE INSURGENT CRUISERS.

Earl Russell denounces the acts of which the United States complain

as unwarranted and totally unjustifiable...

Geneva Present

edition, edition.

Page. Page.

309 125

British territory the base of the naval operations of the insurgents... 310 125

Their arsenal..........

310 125

The systematic operations of the insurgents a violation of the duties

of a neutral..

311 126

Continuing partiality for the insurgents

813 126

Recapitulation of hostile acts tolerated in British Possessions.

314 127

These facts throw suspicion upon the acts of British officials toward

the insurgent cruisers..

316 128

They show an abnegation of all diligence to prevent the acts com-

plained of...

317 128

They throw upon Great Britain the burden of proof to show that the

acts complained of could not have been prevented..

318 128

List of the insurgent cruisers.

The Florida and her tenders, the Clarence, the Tacony, and the Archer. 332 133

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The conduct of other nations contrasted with that of Great Britain.. 462 183

VI. THE TRIBUNAL SHOULD AWARD A SUM IN GROSS TO THE UNITED STATES.

Offer of the American Commissioners in the Joint High Commission.

Rejection of the offer by the British Commissioners..

Terms of the submission by the Treaty.

General statement of the claims....

Claims growing out of the destruction of vessels and cargoes.

Government vessels...

470 186

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