The Case of the United States, to be Laid Before the Tribunal of Arbitration, to be Convened at Geneva Under the Provisions of the Treaty Between the United States of America and Her Majesty the Queen of Great Britain, Concluded at Washington, May 8, 1871

II. THE UNFRIENDLY COURSE PURSUED BY GREAT BRITAIN TOWARD THE UNITED
STATES FROM THE OUTBREAK TO THE CLOSE OF THE INSURRECTION-Cont'd.

Answers of the French government.

Effect of recognition of a state of war...

The Queen's proclamation...........

Uncertainty of Her Majesty's government

Effect of the Queen's proclamation..

Mr. Bright's views.....

The sovereign right to issue such a proclamation not denied..

It was an unfriendly act..

And issued with an unfriendly purpose.

M. Rolin-Jacquemyns on the Queen's proclamation..

Unfriendly conduct of Great Britain as to the declarations of the congress

of Paris

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

war

Former negotiations regarding the declarations of the congress of Paris..

Lord Lyons's interview with Mr. Seward.....

Termination of negotiations with the United States.

Great Britain desired to legalize privateering..........

Negotiations at Richmond....

Mr. Adams's comments......

Contrast between conduct of Great Britain toward the United States in

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

gent interest....

Mr. Rolin-Jacquemyns on British neutrality.....

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

Parliament....

Conclusions..

100

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

SERVED TOWARD THE UNITED STATES....

105

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

Great Britain has recognized its obligations in various ways...

105

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

Municipal laws designed to aid a government in the performance of inter-

national duties.......

105

106

History of the foreign enlistment act of 1819.......

106

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

108

109

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

113

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

SERVED TOWARD THE UNITED STATES-Continued.

Page.

Report of that commission......

114

Its judicial construction....

The Foreign Enlistment act of 1870..

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

116

117

118

Duties recognized by the Queen's proclamation of neutrality

122

Definition of neutrality............

123

Duties recognized by instructions to British officials during the insurrection

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

125

126

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

131

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

132

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

Britain......

133

Duty to detain offending vessels recognized by Great Britain...

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

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

SERVED TOWARD THE UNITED STATES-Continued.

Effect of a commission of the offender as a vessel of war.

Opinion of Sir Roundell Palmer..

Opinion of Chief Justice Marshall..

Decision of the Supreme Court of the United States

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

the United States

Deposit of the offense..

Résumé of principles

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 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...

223

What was done at Nassau..........

225

The United States denied permission to deposit coal at Nassau.

Complaints to Earl Russell and his reply......

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

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

Page.

253

Propositions renewed and declined......

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

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

Laird's iron-clad rams

259

260

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

of a neutral...

264

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

Conduct of the French Government.......

266

267

Contrast between the conduct of France and of Great Britain.

269

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

270

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

272

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

The Tuscaloosa comes again into the waters of the Colony..

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

His course is again disapproved.

Blockade-running

Cotton shipments.....

Earl Russell's attention again called to these facts....

He again sees no offense in them......

Blockade-running in partnership with the insurgent government.

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

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

by this evidence..

296

300

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 ...

309

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

Their arsenal......

310

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

neutral.....

311

Continuing partiality for the insurgents......

313

Recapitulation of hostile acts tolerated in British Possessions..

314

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

THE INSURGENT CRUISERS-Continued.

Page.

These facts throw suspicion upon the acts of British officials toward the

insurgent cruisers...

316

They show an abnegation of all diligence to prevent the acts complained

of.......

317

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

complained of could not have been prevented.

318

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

462

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

467

468

General statement of the claims......

469

Claims growing out of the destruction of vessels and cargoes.

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The Case of the United States, to be Laid Before the Tribunal of Arbitration ...