THE CASE

OF

THE UNITED STATES,

LAID BEFORE THE

TRIBUNAL OF ARBITRATION,

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 INSURREC-

TION.

Relations of the United States with Great Britain prior to 1860

Friendly relations of the two Governments in 1860..........

The United States in 1860..

Election of Mr. Lincoln....

Secession of South Carolina..

Secession of Alabama.....

Secession of Georgia and other States

Opposition to the territorial limitation of slavery the cause of seces-

sion

A party in the South opposed to secession..

Inauguration of Mr. Lincoln................

The British government informed of his purposes..

Lord John Russell promises to await Mr. Adams's arrival before acting.

The surrender of Fort Sumter.....

The insurgents to issue letters of marque..

Proclamation giving notice of blockade..

Objects of that proclamation.....

The joint action of France invited by Great Britain..

When the President's proclamation was received in Great Britain....

Opinion of law officers taken on an imperfect copy..

Her Majesty's government decide on the first of May to recognize a

state of war

Lord John Russell and the insurgent commissioners discuss the recog-
nition of southern independence.....

51 26

Communication with the French government...

52 27

Answers of the French government.....

53 27

When the President's proclamation was received by Great Britain.....

54 27

The sovereign right to issue such a proclamation not denied

It was an unfriendly act..

Geneva Present

edition. edition.

II. THE UNFRIENDLY COURSE PURSUED BY GREAT BRITAIN TOWARD THE

UNITED STATES FROM THE OUTBREAK TO THE CLOSE OF THE INSURREC-

TION-Continued.

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 con-

gress 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

insurgent interest

M. Rolin-Jacquemyns on British neutrality

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

Parliament

Conclusions.....

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

OBSERVED TOWARD THE UNITED STATES.

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..... 105

Municipal laws designed to aid a government in the performance of

international duties

105 47

47

106

47

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

106 47

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

108 48

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

109 48

Royal commission to revise the foreign enlistment act of 1819

Report of that commission ....

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

Duties recognized by instructions to British officials during the insur-

rection

125

Correspondence between the two governments in 1793-'94..

126

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

131

Construction of that treaty by the commissioners appointed under it.

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

Great Britain

132