RELATING TO

C+

THE TREATY OF WASHINGTON.

VOLUME III-GENEVA ARBITRATION.

CONTAINING THE ARGUMENT OF THE UNITED STATES; ARGUMENT OF HER
BRITANNIC MAJESTY'S GOVERNMENT; AND SUPPLEMENTARY

STATEMENTS OR ARGUMENTS MADE BY THE
RESPECTIVE AGENTS OR COUNSEL.

Rec. Oct. 29.1874

TABLE OF CONTENTS.

I.

ARGUMENT OF THE UNITED STATES DELIVERED TO THE TRIBUNAL OF

ARBITRATION AT GENEVA, JUNE 15, 1-72.

Page.

5556

I. INTRODUCTION:

Argument presented in accordance with provisions of the Treaty of

Washington

The respective Cases and Documents..

Counter Cases......

The issues to be determined are now settled

II. THE CONTROVERSY SUBMITTED TO ARBITRATION:

The Arbitrators already acquainted with the general nature of the facts..

In suppressing an armed insurrection the United States exercised bellig-

erent powers, and prevented insurgents from carrying on maritime

war from their own resources

The right to do this unquestioned; other nations no parties to the con-
flict
Abstinence of intervention by another Power is not neutrality.

It is a maintenance of previously existing relations

Other Powers have to decide in such case only whether they acquiesce
in the exercise of belligerent powers by the Sovereign.

Non-acquiescence is intervention.

Questions arising beyond territorial limits of the Sovereign should be de-

cided as they arise....

Such course secures impartiality and, when justified by results, an

equality between contending parties which resembles what is known

as neutrality when exercised between rightful belligerents

This principle recognized by United States Supreme Court

Previous instances in point

Belligerent powers belong to the Sovereign of right; to the rebel of suf-

ferance

Conferring belligerent rights on insurgents by Great Britain was an in-

tervention

The Queen's proclamation

was voluntary and anticipatory

was not called for by the relations between the Governments.

had no justification...

and changed the legal relations between Great Britain and the in-
surgents

Its effect upon the act of carrying on war on the high seas

Its effect upon commercial contracts..

It was followed by systematic contributions in aid of the insurgents

The United States suffered great injuries

Which resulted from aid and assistance originating in British jurisdic-

tion

This aid was organized, systematic, and official

Nature of the injuries inflicted on the United States.

They form the subject of this arbitration...

No nation but Great Britain instrumental in inflicting them.

Provisions of the Treaty of Washington respecting the arbitration.

Description of the claims

The Rules of the Treaty

The provisions of Article VII

Effect of an award..

The measure of indemnity claimed

The claims preferred are national

The authority of the Tribunal absolute for their determination

Its award will be final.....