Mr. Forster's views regarding. 217 note regarding the assessment of. Lord Russell's views regarding. a sum in gross should be awarded for. remoteness or nearness of, to be determined by Tribunal. the principle of compensation for, as maintained by Great Britain.. Denmark: laws for enforcing neutrality of.. Deposit of the offense: by the Florida at Mobile; argument as to. Diligence. (See Due Diligence.) Due Diligence. (See Burden of Proof, Great Britain :) not exercised to prevent fitting out, equipping, or arming in its jurisdiction nor to prevent its ports from being used as bases of naval operations. "diligence" implies zeal, application, effort, &c.. 217 220 222 248 304 315 37 541,546 17 17 17 154 155 "due" implies reasonableness, appropriateness, and adequateness. 155 155 definition of diligence by British and American courts. 156, 157 limit of the obligations created by this requirement of the Treaty 157 182 267,268 sources of the obligations to observe, according to Sir Roundell Palmer.. 385 rules and principles of international law regarding (Palmer). of breach of law to be sought from those who give information.. the belief of Consuls does not constitute prima-facie.. the United States have invariably required legal, before commencing pro- Executive power: includes the power of preventing violations of law... peculiar advantages of Great Britain for the exercise of such power. of a vessel of war, the privilege is political and discretionary it is accorded only to vessels of recognized political powers. the British view regarding... Sir R. Palmer's view regarding. extent of the right of, (Evarts). F. 415 415 419 151 152 152 153, 455 295, 297 427 451 Fenians: course of the United States towards justified... 45 Fish, Mr.: his instructions to Mr. Motley of May 15, 1869, and of September 25, 1869. 195 Fiore: concerning neutrality 30 Florida, the: at Liverpool, information by Mr. Adams concerning. internal proof that she was specially adapted for war. the report ascertained to be without foundation. her registry.. her clearance want of due diligence in not inquiring concerning. want of due diligence in not using the powers given by the merchants' ship- the executive proceedings there a failure of the due diligence required by the seizure of the Florida and subsequent judicial proceedings arming at Green Cay. attempts to elude Spanish laws and fails, and then arrives at Mobile. repairs and coals at Bermuda, July 15, 1863. at Brest, receives recruits and machinery from Liverpool. at Martinique at Bahia... her tenders, Great Britain liable for their acts. reasons why Great Britain is not responsible for the acts of, as set forth in her armament no negligence on the part of Great Britain :. reply of the counsel of the United States to Sir R. Palmer's argument.... if adopted as the measure of duties, Great Britain still guilty of culpable not the measure of international obligations if defective it should have been amended.. its defects were glaring.... Sir Robert Phillimore's opinion of it.. Baron Channell's opinion of it... Page. 57,59 57,60 58 60 61 61 62 63, 64 64 66 66 73,75 75 75 76 76 77 77 77 77 78 78 79 273 287 541 446 19, 172 19 19 28 28 28 comparison between it and the United States neutrality law of 1818....28, 167, 270 was inefficient and its efficiency diminished by judicial construction... Course of Great Britain toward, during the American Revolution... inefficient action of Her Majesty's Government regarding receives coals, supplies, and repairs at Simon's Bay, and goes to Cherbourg reasons why Great Britain is not responsible for the acts of, as set forth in 231, 234 236 242,309 269 273 217 32,34 49 111 131 104 107 108 108 109 109 110 281 285 Government, form of: its influence upon the obligation to observe due diligence, (Palmer,)....... Grant, President: his Message as to the Alabama claims... Granville, Lord : Great Britain, (see Animus, Due Diligence, Executive Power, Foreign-Enlistment views as to Johnsou Clarendon Convention.. views as to the Treaty of Washington... Act, Insurgent Agent, Municipal Laws, Prerogative, Unfriendliness :) which is the cause of great injury to the United States.. relation of her people to rebels changed by Queen's Proclamation the aid from was organized and official ... the only power which permitted such acts. her laws compared with those of other powers. Page. 394 495 196 193 203, 204 10 11,55 12 13, 55 13 19 21 27, 163, 165 30, 32 her history as a neutral compared with that of the United States. her course as a belligerent towards neutrals..... .38, 40, 173 invites a joint action with France in American affairs before insurrection determines to recognize insurgents as belligerents before insurrection other unfriendly proceedings.. which established an unfriendly feeling toward the United States... its Government possessed enough power to carry out any course of action the prerogative of the Crown ample for the purpose. numerous examples of its exercise during the rebellion.. her duty under the law of nations to have seized the insurgent cruizers.. by relying on the Foreign-Enlistment Act by neglecting to amend that act in not detaining offenders, when returning to British ports in not excluding offending cruisers from British ports.. in delaying to make representations to insurgent agents.. her course regarding Mr. Adams's representations defended.. her diligence not affected by the doubtful construction of the Foreign-En- 149 149 149 152 152 153 159 160 160 160 172 173 175 176 178 283 401 took active and spontaneous measures to acquire information &c. (Pal- inquires the condition of the Florida when leaving Liverpool.... 58 59 Holland: laws for enforcing neutrality of. 36 course of Great Britain toward during the American Revolution.. 49 Hospitalities: alleged excessive to insurgents in British ports explained and justified by the Johnson-Clarendon Convention fails because they are not included 195 not waived by the Joint High Commissioners 199 set forth in the American Case in the language of the Joint High Commis- 205 the relation between, and their cause, which is requisite to found a claim 213 Insurgents: prevented by United States from carrying on maritime war from their own resources. make Frazer, Trenholm & Co. their financial agents Insurgent agent, (see Bullock :) established in Great Britain before the outbreak of the insurrection. 7 111 111 111 111, 112 111 112,115 the obligations, of not affected by the constitutional distribution of the 147 nor by the institutions, customs, or habits of a people 147 which means should be available as soon as required.. calls for seasonable, appropriate, and adequate means to prevent violation 148 148 265 Intervention, (see Belligerent Rights :) what constitutes it abstinence from it not neutrality Interest: appointment of, by the President. K. Klüber: definition of neutrality. 70 L. Laird, John, M. P.: entitled to no credit as a witness, (note).. 51 Laurel, the, (see Shenandoah :) sails from Liverpool with officers, armament, and crew, for Shenandoah.. 115 116 Law of nations, (see International Law.) for what purposes referred to by Great Britain, (Palmer) 393 of other powers, the comparison with, considered by Sir R. Palmer 405 sympathy of the colony with the insurgents note concerning the same Negligence. (See Due Diligence, Great Britain.) Neutral, (see Intervention, International Law, Belligerent :) duty of, in case of rebel hostilities duty to prevent dispatch of armament and ships of war, (Phillimore)....... by direct permission.... Neutrality, (see Belligerent :) abstinence from intervention is not state of, how reached in case of rebel hostilities.. definition of it by Phillimore definition of it by the Counsel of the United States 22.50 should be maintained by seasonable, appropriate, and adequate means.. 148 148 Neutrality laws, (see Municipal Law :) of the United States compared with the Foreign-Enlistment Act.. This comparison criticised by Sir R. Palmer.. the preventive powers in the United States law examined, (Palmer) . Northcote, Sir Stafford : his views on the Treaty of Washington... other elements which Great Britain should have considered in providing 148 481 30 of Italy, Brazil, Switzerland, France, Spain, Portugal, &c., &c., com- 37, 38, 504 405 405, 420 202, 204 Orders in council: an intense assertion of neutral obligations P. Palmer, Sir Roundell: his speech on the powers of the British Government to seize suspected his views regarding the United States performance of their duties as nen- 40 his views respecting the prerogative of the Crown.. 151 his argument on due diligence, effect of commissions, and supplies of 385 his argument concerning recruitments for the Shenandoah |