Geneva Present III. THE DUTIES WHICH GREAT BRITAIN, AS A NEUTRAL, SHOULD HAVE Correspondence between the United States and Portugal. Principles recognized in that correspondence Rules in the treaty of Washington ... Fitting out, arming, or equipping, each an offense The second clause of the first rule.... Reasons for a change of language... Duty to detain offending vessels recognized by Great Britain.... The second rule of the treaty. Duty to make compensation for injuries..... The foregoing views in harmony with the opinions of European pub- The case of the Swedish vessels. Offending vessels not simply contraband of war Case of the Santisima Trinidad.. Controlled by the case of the Gran Para.... 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, IV. WHEREIN GREAT BRITAIN FAILED TO PERFORM ITS DUTIES AS A 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 Liverpool; 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.... 218 219 222 223 225 229 232 233 90 91 92 92 93 94 95 96 Geneva Present Page. Page. Contraband of war fraudulently cleared at Nassau for British ports.. 236 97 What was done at Liverpool by Bullock.. Contracts for constructing six iron-clads Mr. Adams 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 Proposition renewed and declined.... These proceedings were an abandonment, in advance, of "due dili- 256 14 The rulings in the Alexandra case emasculated the foreign enlistment Their detention not an abandonment of the lax construction of the 264 103 The contracts with Arman for the construction of vessels in France.. 266 108 Conduct of the French Government...... Contrast between the conduct of France and of Great Britain. The Tuscaloosa at the Cape of Good Hope...... She is released against the advice of Sir Baldwin Walker... 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 .... The insurgent government interested in blockade-running. These facts brought to Earl Russell's notice..... He sees no offense in them...... Earl Russell's attention again called to these facts... He again sees no offense in them....... Blockade-running in partnership with the insurgent government. 226 116 Mr. Monntague Bernard's list of vessels detained by Great Britain... 296 120 The charges in Mr. Fish's instructions of September 25, 1869, are sus- tained by this evidence.... 300 121 V. WHEREIN GREAT BRITAIN FAILED TO PERFORM ITS DUTIES AS A NEUTRAL. Earl Russell denounces the acts of which the United States complain British territory the base of the naval operations of the insurgents... 310 125 Their arsenal.... 310 125 The systematic operations of the insurgents a violation of the duties of a neutral... 311 126 Continuing partiality for the insurgents... 313 126 Recapitulation of hostile acts tolerated in British Possessions. 314 127 These facts throw suspicion upon the acts of British officials toward the insurgent cruisers.. 316 128 They show an abnegation of all diligence to preveut the acts com- plained of.... 317 128 They throw upon Great Britain the burden of proof to show that the acts complained of could not have been prevented... 318 128 List of the insurgent cruisers. 320 129 The Sumter.... 320 129 The Nashville... 328 132 The Florida and her tenders, the Clarence, the Tacony, and the Archer. 332 133 The Alabama and her tender, the Tuscaloosa.. 364 146 The Retribution .... 390 156 The Georgia.... 392 156 The Tallahassee, or the Olustee.. 409 163 The Chickamauga.. 413 164 The Shenandoah.. 416 165 Summary .. 454 180 The conduct of other nations contrasted with that of Great Britain.. 462 183 VI. THE TRIBUNAL SHOULD AWARD A SUM IN GROSS TO THE UNITED STATES. Offer of the American Commissioners in the Joint High Commission. 467 185 Rejection of the offer by the British Commissioners. 468 185 Terms of the submission by the Treaty.. 468 185 General statement of the claims....., 469 185 Claims growing out of the destruction of vessels and cargoes. 469 186 Government vessels... 470 186 Merchant vessels 470 186 Injuries to persons. 471 186 Expenditures in pursuit of cruisers.... 472 186 Transfer of vessels to the British flag- 472 187 Enhanced rates of insurance. 476 188 Prolongation of the war.. 476 188 Interest claimed to the date of payment... 479 189 Reasons why a gross sum should be awarded.. 480 189 INDEX ... 483 191 19] *CASE OF OF THE UNITED STATES. PART I. INTRODUCTION. Meeting the Protocol of the conferences as to the In the spring of the present year (1871) five Commissioners on the part of Great Britain and five Commissioners on the part of the United States of America met at Washington in a Jomerte ang body, which, when organized, was known as the Joint High ton. Commission, in order to discuss, and, if possible, to arrange for, the adjustment of several causes of difference between the two Powers. Among the subjects which were brought before that body by the United States were “ the differences which arose during the rebellion in the United States, and which have existed since then, growing out of the acts committed by the several vessels, which have given rise to the claims generically known as the Alabama Claims." The sessions of the Joint High Commission were many in number, and were largely devoted to the consideration of the differences re ferred to in Mr. F'ish's letter to Sir Edward Thornton, from [10] *which the above-cited quotation is made. The High Commis sioners, in the protocol of their thirty-sixth conference, caused to be recorded a statement of their negotiations on this subject, in the following language: 6 At the conference held on the Sth of March the American Commissioners stated that the people and Government Alabama Claims. of the United States felt that they had sustained a great wrong, and that great injuries and losses were inflicted upon their commerce and their material interests by the course and conduct of Great Britain during the recent rebellion in the United States; that what had occurred in Great Britain. and her colonies during that period had given rise to feelings in the United States which the people of the United States did not desire to cherish toward Great Britain; that the history of the Alabama and other cruisers, which had been fitted out, or armed, or equipped, or which had received augmentation of force in Great Britain or in her colonies, and of the operations of those vessels, showed extensive direct losses in the capture and destruction of a large number of ves. sels, with their cargoes, and in the heavy national expenditures in the pursuit of the cruisers, and in direct injury in the transter of a large part of the American commercial marine to the British flag, in the enhanced payments of insurance, in the prolongation of the war, and in [11] *the addition of a large sum to the cost of the war and the sup pression of the rebellion; and also showed that Great Britain, by reason of failure in the proper observance of her duties as a neutral, had become justly liable for the acts of those cruisers and of their tend. ers; that the claims for the loss and destruction of private property which had thus far been presented amounted to about fourteen millions 1 Mr. Fishi to Sir Edward Thornton, January 30, 1871, Vol. VI, page 16. |