Geneva arbitration

Page.

I. Report of J. C. Bancroft Davis--Continued.

Effect of a commission; position of the United States..

Views of Viscount d’Itajuba.

10

Decision of the tribunal...

10

Supplies of coal; position of the United States

11

Decision of the tribunal..

11

Views of Mr. Adams...

11

Views of Count Sclopis.

11

Views of Mr. Staempfli

11

Views of Viscount d’Itajuba ..

12

Municipal laws of England cannot be set up in justification

12

The tribunal pass upon the Sumter, Nashville, &c., notwithstanding Brit-

ish objections...

12

Sir A. Cockburn's dissenting opiviou..

12

He is the representative of Great Britain..

12

His charges against the American counsel

12

They need no vindication ....

13

No opportunity offered to cousider or object to the charges.

13

He charges the case with abuse and hostility.

13

The reasons for those chargés.

13

The justice of the line of argument in the American case adinitted.

13

Lord Russell justifies it

14

Lord Westbury justifies it

14

The results of the tribunal a vindication of the policy of arbitration.

14

II. Protocols of the conferences of the arbitrators

15

1. Organization, and delivery of cases

15

2. Adjournment to June 15.

16

3. Delivery of American argument; British motion for adjournment.

17

4. Adjournment..

19

5. Arbitrators declare indirect claims not a subject for computation of dam-

ages

19

6. The United States acquiesce in the decision

20

7. Decision made official. British argument filed. Sir R. Palmer moves

for re-argument; motion denied....

21

8. Sir A. Cockburn moves for re-argument ; motion denied.

25

9. Order of proceedings.

26

10. Same subject. Mr. Staempfli's paper; Sir A. Cockburn's renewed motion

13. Sir A. Cockburn's motion for argument denied : the Alabama.

14. Argument ordered as to due diligence, effect of commissions and sur-

plies of coal: the Alabama .....

30

15. British arguments submitted: Sumter, Nashville, and Chickamauga. 30

16. Tallahassee and Retribution....

31

17. Oral argument of Mr. Evarts..

31

18. Arguments of Mr. Evarts and General Cushing

32

19. Retribution : argument of Mr. Waite.

32

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

33

21. Effect of commission ; new evidence submitted by Great Britain.

33

22. The Georgia ...

34

23. The Shenandoah; new tables presented by the agents.

34

24. The Shenandoah; argument ordered on the effect of the entry of the

Florida into Mobile..

35

25. Lord Tenterden's statement about tables presented by Mr. Davis; argu-

ments as to Florida ; decisions as to Sumter, Nashville, Retribution,

Georgia, Tallahassee, Chickamauga, and Shenandoah.

36

26. Lord Tenterden presents new tables ; decisions as to Florida, Tuscaloosa,

Clarence, Tacony, and Archer; Mr. Davis replies to Lord Tenterden's

remarks on the American tables...

37

27. Claims for expenses for pursuit of cruisers, for prospective profits, and

for gross freights rejected...

43

28. Argument ordered respecting interest.

43

29. Mr. Staempfli's statement, and Sir A. Cockburn's memorandum regard-

ing a sun in gross..

44

30. Regarding draught of decision

47

31. Form of decision adopted ; Viscount d'Itajuba respecting supplies of coal.. 47

32. Signature of award and dissolution of tribunal.

48

Page.

III. Decision and award

Effect of a commission

Exterritoriality of vessels of war

Effect of want of notice

Supplies of coal

Responsibility for acts of Alabama

Responsibility for acts of Florida

Responsibility for the acts of the Shenandoah after leaving Melbourne

Responsibility for the acts of the Tuscaloosa, Clarence, Tacony, and

Arcber
No responsibility for the Retribution, Georgia, Sumter, Nashville, Talla-

hassee, or Chickamauga
The Sallie, Jeff. Davis, Music, Boston, and V. H. Joy not taken into con-

sideration
Claims for cost of pursuit not allowed
Same as to prospective earnings
Only net freights allowed

Fifteen and a half millions awarded for compensation

IV. Opinions of the arbitrators

Opinious of Count Sclopis

Due diligence.

British unfriendliness

Vessels which have received commissions.

Opinions of Viscount d'Itajuba.

Effect of a commission

The Florida

The Alabama.

The Georgia, Sumter, Nashville, Retribution, Tallahassee, and Chicka-

mauga.

101

The Sallie, Jeff. Davis, Music, Boston, V. H. Joy

101

Shenandoah..

101

Opinions of Mr. Stæmpfli.

103

Opinions on the questions of law as to which the tribunal of arbitration

requested elucidation ...

103

Rules of the treaty take precedence.

103

Questions to be decided

106

Definition of facts.

106

Vessels whose acts are to be adjudicated upon

Opinions of Mr. Adams.

141

Due diligence ...

141

The effect of commissions..

146

Supplies of provisions and coals.

The Chickainauga.

214

Opinions of Sir Alexander Cockburn

230

Causes of complaint brought forward by the United States.

230

Rules of the treaty of Washington..

230

Difficulty arising from the treaty

231

Elements of neutrality

IV. Opinions of the arbitrators-Continued.

Obligations of the neutral state.....

Obligations of the subjects of a neutral state.

Liability of the state for acts of its subjects..

Rights of neutral subjects in respect of trade..

Difference between a state and its subjects in regard to trade

Effect of war on neutral trade.....

Blockade and contraband of war.

Different view

M. Hautefeuille..

No obligation on neutral governments to prevent trade in contraband of

war, or with blockaded ports.

M. Ortolan ....

Ships of war and coals..

Passive commerce of the neutral.

Practice in former wars.

American authorities...

Purchase of contraband of war by the Government of the United States.

Result of discussion ..

Sale of ships...

Professor Bluntschli.

Opinion of Dana....

Opinion of M. Ortolan...

Opinion of Professor Blutschili

Opinion of M. Roliu Jacquemyns.

Opinion of the judges of England.

Case of the Santissima Trinidad..

Judgment of Mr. Justice Story

Caso of the Gran Para...

American review..

Opinion of Mr. Adams

Question as to prohibition of sale of articles contraband of war.

Ship of war sent out for immediate service

Armament and crew sent out in ditferent ships..

Duty of neutral government.

American argument as to effect of foreign-enlistment act..

British and American acts.

As to effect of act of 1870..

Right conferred on belligerent by municipal law

Effect of proclaination....

Equipment of vessels under rules of treaty.

Construction of rules of treaty

Due diligence, wbat ?

Opinions of jurists

Same principle applied to government.

Heads of diligence

Law

Means at disposal of government.

Judicial miscarriage.

Liability for acts of subordinates.

Municipal law of Great Britain...

Foreign-evlistment act.

Preventive law...

Comparison with American acts.

Preventive powers of British and American acts

British act of 1870......

Negotiations for amendment of the foreign-enlistment act during the civil

IV. Opinions of the arbitrators-Continued.

Comparison with foreigu laws..

Law of the Netherlands.

Law of Spain...

Law of Portugal and Brazil

Law as to privateers..

Comparison between Great Britain and United States as to observance of

neutrality....

Legislation of 1794.

Complaints of Spain.

Complaints of Portugal

American act of 1838..

Expedition of Lopez against Cuba...

Walker's expedition against Mexico and Central America.

Fenian raids.....

Expedition in aid of the Cuban insurrection.

Complaints of unfriendliness.

Alleged evidence of unfriendly feeling.

Complaints of unfriendly conduct.

Acknowledgment of belligerency

Vattel

Hautefeuille

Professor Bluntschli.

Mr. Dana..

The Santissima Trinidad

Whether acknowledgment premature.

Recognition of belligerency

Course pursued by foreign powers..

Question as to confederate vessels..

Discussion with government of the Netherlands.

Correspondence with Brazil..

Correspondence with Spain ....

Correspondence with French government

Correspondence with British government.

Regulations of June 1, 1861..

Regulations of 31st January, 1862

As to Nassau..

Alleged partiality as to coaliny.

Supplies of arms obtained from Great Britain.

Ships obtained from Great Britain....

Steps taken by the British government

The Berinuda...

The Georgiana..

Vessels at Glasgow

The Phantom and Southerner,

The Alexandra...

The South Carolina...

The Gibraltar or Sumter.

Iron-clads at Birkenhead.

The Canton or Pampero

Iron-clad ram at Glasgow.

The Rappabanuock.

The Amphion...

The Hawk..

The Ajax, the Hereules, the Virginia, the Louisa Am Fanny.

Anglo-Chinese fleet..

General results...

Proceedings of other governments

11-B

IV. Opinions of the arbitrators--Continued.

France.....

The Stonewall.

Complaints of blockade-running

Sympathy in the colonies..

Application to particular vessels.

The Florida...

At Liverpool

At Nassau..

Alleged recruitment of crew.

Florida after leaving Green Cay

Question as to effect of going into and remaining at Mobile.

After Mobile

Case of the United States r's. De Quincy.

Question whether the Florida should have been seized on again coming

iuto a British port.....

Effect of commissions on ships of war.

Ships of war exterritorial

Hetiter..

Sir R. Phillimore.

Ortolau..

Case of the Exchange.

Commission of mere belligerent.

Effect of alleged violation of neutral territory

Hautefeuille.

Ortolan..

Duty of seizing for breach of municipal law

Duty of excluding from neutral ports.

Case of the Cassius.

Stay of belligerent ships in neutral ports; supplies of coal there

Power of neutral sovereign.

Law as asserted byt he United States..

Whether coaling makes a port a base of naval operations.

After leaving Liverpool

Arining oti Terceira..

At Martinique

At Jamaica

At the Cape of Good Hope.

In the eastern seas..

Melbourne a base of naval operations.

After leaving Melbourne.

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