Geneva arbitration

HARVARD COLLEGE LIBRARY

FROM THE LIBRARY OF

JOHN CHIPMAN GRAY

GIFT OF ROLAND GRAY
SEP-4 1934

الله

TABLE OF CONTENTS.

I. Report of J. C. Bancroft Davis, agent of the United States.

Award and protocols transmitted

Action of Joint High Commission on the indirect claims.

Protocol of May 4, 1871, and statement of claims..

In harmony with all previous action....

No exception taken by British commissioners

Definition of "Alabama claims" in the protocol binding on the agent.

Unfriendly course of Great Britain and British ministers a want of due

diligence...

What acts of subordinates a government not responsible for

Maintenance of insurgent bureaus on British soil a want of due diligence...

British denial of liability

Submission of this part of the case to publicists..

President Woolsey

Mr. William Beach Lawrence..

Mr. E. R. Hoar

General Cushing

The Cabinet

Last chapter not submitted for advice.

No claim made for a particular sum for indirect damages; tribunal asked

to estimate

Delivery of the case at Geneva.

Language of the case mild.

Comments of the British press.

Action of the British government.

Contemplated request for withdrawal of the American case.

Opinion of the continental press favorable to the United States

Exchange of the counter case

Industry and zeal of the secretaries

Friendly views of the British agent

The argument by the counsel regarded as masterly.

United States argument filed..

British move for long adjournment.

Consequent negotiations.

Adjudication on the indirect claims

Friendly feelings on both sides..

British argument filed; motions for further argument.

Opinions on the Florida..

Supplemental arguments ordered and made.

Decisions of the tribunal.

Page.

I. Report of J. C. Bancroft Davis--Continued.

Effect of a commission; position of the United States.

Views of Viscount d'Itajuba...

Municipal laws of England cannot be set up in justification

11

12

-22

The tribunal pass upon the Sumter, Nashville, &c., notwithstanding Brit-

No opportunity offered to consider or object to the charges..

The justice of the line of argument in the American case admitted.
Lord Russell justifies it

Lord Westbury justifies it

The results of the tribunal a vindication of the policy of arbitration.

II. Protocols of the conferences of the arbitrators

1. Organization, and delivery of cases..

2. Adjournment to June 15..

3. Delivery of American argument; British motion for adjournment.

5. Arbitrators declare indirect claims not a subject for computation of dam-

ages

6. The United States acquiesce in the decision..

7. Decision made official. British argument filed. Sir R. Palmer moves

for re-argument; motion denied..

8. Sir A. Cockburn moves for re-argument; motion denied..

9. Order of proceedings

11. The Florida.

10. Same subject. Mr. Staempfli's paper; Sir A. Cockburn's renewed motion
for argument.

12. The Florida.

13. Sir A. Cockburn's motion for argument denied: the Alabama...

14. Argument ordered as to due diligence, effect of commissions and sup-

plies of coal: the Alabama.

15. British arguments submitted: Sumter, Nashville, and Chickamauga.

16. Tallahassee and Retribution.

17. Oral argument of Mr. Evarts..

18. Arguments of Mr. Evarts and General Cushing

19. Retribution: argument of Mr. Waite

20. Sallie, Jeff. Davis, Music, Boston, and V. H. Joy

21. Effect of commission; new evidence submitted by Great Britain.

23. The Shenandoah; new tables presented by the agents..

34

24. The Shenandoah; argument ordered on the effect of the entry of the

Florida into Mobile...

35

17

25. Lord Tenterden's statement about tables presented by Mr. Davis; argu-

ments as to Florida; decisions as to Sumter, Nashville, Retribution,

Georgia, Tallahassee, Chickamauga, and Shenandoah..

36

26. Lord Tenterden presents new tables; decisions as to Florida, Tuscaloosa,

Clarence, Tacony, and Archer; Mr. Davis replies to Lord Tenterden's

remarks on the American tables..

37

27. Claims for expenses for pursuit of cruisers, for prospective profits, and

for gross freights rejected.

43

28. Argument ordered respecting interest...

43

29. Mr. Staempfli's statement, and Sir A. Cockburn's memorandum regard-

ing a sum in gross...

44

30. Regarding draught of decision

47

31. Form of decision adopted; Viscount d'Itajuba respecting supplies of coal..

32. Signature of award and dissolution of tribunal..

48

Opinions of Viscount d'Itajuba.

Effect of a commission

The Florida.

The Alabama

The Georgia, Sumter, Nashville, Retribution, Tallahassee, and Chicka-

mauga.

The Sallie, Jeff. Davis, Music, Boston, V. H. Joy

Shenandoah..

Opinions of Mr. Stampfli.

Award

Due diligence

Effect of a commission

Exterritoriality of vessels of war

Effect of want of notice

Supplies of coal

Responsibility for acts of Alabama

Responsibility for acts of Florida

Responsibility for the acts of the Shenandoah after leaving Melbourne

Responsibility for the acts of the Tuscaloosa, Clarence, Tacony, and

Archer

No responsibility for the Retribution, Georgia, Sumter, Nashville, Talla-

hassee, or Chickamauga

The Sallie, Jeff. Davis, Music, Boston, and V. H. Joy not taken into con-

sideration

Claims for cost of pursuit not allowed

Same as to prospective earnings

Only net freights allowed

Fifteen and a half millions awarded for compensation

IV. Opinions of the arbitrators

Opinions of Count Sclopis

Due diligence.

British unfriendliness

Vessels which have received commissions.

Supplies of coal..

Opinions on the questions of law as to which the tribunal of arbitration

requested elucidation....

103

Rules of the treaty take precedence.

103

Questions to be decided

106

Causes of complaint brought forward by the United States.

230

231

234

IV. Opinions of the arbitrators--Continued.

Obligations of the neutral state...

Page.

234

Obligations of the subjects of a neutral state.

Liability of the state for acts of its subjects..

Rights of neutral subjects in respect of trade.

234

235

Difference between a state and its subjects in regard to trade.

235

Effect of war on neutral trade....

236

No obligation on neutral governments to prevent trade in contraband of

war, or with blockaded ports..

239

Purchase of contraband of war by the Government of the United States.

247

Opinion of Mr. Adams

Ship of war sent out for immediate service

Armament and crew sent out in different ships....

Duty of neutral government....

American argument as to effect of foreign-enlistment act.

British and American acts.

Opinion of M. Ortolan.

Opinion of Professor Bluntschli

Opinion of M. Rolin Jacquemyus.

Opinion of the judges of England.

Case of the Santissima Trinidad..

Judgment of Mr. Justice Story.

Case of the Gran Para..

Question as to prohibition of sale of articles contraband of war.

Negotiations for amendment of the foreign-enlistment act during the civil

war

276

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