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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 inter-

national duties....

History of the foreign enlistment act of 1819...

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

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

Royal commission to revise the foreigo enlistment act of 1819..

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108

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113

Report of that commission......

The Foreign Enlistment act of 1870.

Its judicial construction..

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

Duties recognized by the Queen's proclamation of neutrality

Definition of neutrality ...

Duties recognized by instructions to British officials during the insurrection

Correspondence between the two governments in 1793–'4...

Treaty of November 19, 1794....

Construction of that treaty by the commissioners appointed under it.....

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

Britain. ...

Case of the bark Maury

Principles thus recognized by the two governments..

Obligation to make compensation for injuries....

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..

Reasons for a change of language

Continuing force of the rule.....

Duty to detain offending vessels recognized by Great Britain.

Also recognized by France.....

The second rule of the treaty..

The third rule of the treaty....

Duty to make compensation for injuries

The foregoing views in harmony with the opinions of European publicists.

Hautefeuille

Bluntschli

Rolin-Jacquemyns

Ortolan

Pierantoni

Lord Westbury

The case of the Swedish vessels..

Offending vessels not simply contraband of war..

Opinion of Ortolan...

Opinion of Heffter

Case of the Santisima Trinidad

Controlled by the case of the Gran Para..

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to the insurgents; a branch of their government established in Liver-

pool; 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.

Lord Palmerston's threats ....

Contraband of war fraudulently cleared at Nassau for British ports.

Résumé for the year 1862

Base changed to Bermuda....

What was done at Liverpool by Bullock.

The Florida...

The Alabama

The Sumter at Gibraltar..

The Florida at Nassau.....

Contracts for constructing six iron-clads.

The Sumter at Trinidad....

The Florida at Nassau..

Mr. Adains represents the foregoing facts to Earl Russell

Earl Russell declines to act

Inefficiency of the foreign enlistment act....

Propositions to amend the foreign enlistment act

Propositions declined by Great Britain

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IV. WHEREIN GREAT BRITAIN FAILED TO PERFORM ITS DUTIES AS A NEUTRAL-Cont'd.

Page.

Propositions renewed and declined....

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These proceedings were an abandonment, in advance, of " due diligence”.. 256

The Georgia

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The Alexandra

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The rulings in the Alexandra case emasculated the foreign enlistment act. 259

Laird's iron-clad rams

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Their detention not an abandonment of the lax construction of the duties

of a neutral....

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

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Conduct of the French Government..

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Contrast between the conduct of France and of Great Britain.

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

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She is released against the advice of Sir Baldwin Walker...

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

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The Tuscaloosa comes again into the waters of the Colony.

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

273

His course is again disapproved..

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Blockade-running

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Cotton shipments....

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The insurgent government interested in blockade-running-

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These facts brought to Earl Russell's notice.....

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He sees no offense in them..

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Earl Russell's attention again called to these facts.

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He again sees no offense in them...

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Blockade-running in partnership with the insurgent government..

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Continued partiality.

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The Rappahannock.

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The Shenandoah

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Mr. Mountague Bernard's list of vessels detained by Great Britain.. 296

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

by this evidence....

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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

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

Their arsenal......

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The systematic operations of the insurgents a violation of the duties of a

neutral....

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Continuing partiality for the insurgents...

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Recapitulation of hostile acts tolerated in British Possessions..

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

complained of could not have been prevented..

List of the insurgent cruisers..

The Sumter....

The Nashville......

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

The Alabama and her tender, the Tuscaloosa..

The Retribution ....

The Georgia .....

The Tallahassee, or the Olustee

The Chickamauga..

The Shenandoah

Su nary

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

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320

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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

Merchant vessels

Injuries to persons

Expenditures in pursuit of the cruisers..

Transfer of vessels to the British flag...

Prolongation of the war

Enhanced rates of insurance

Interest claimed to the date of payment ..

Reasons why a gross sum should be awarded

INDEX

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