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D.

Damages, (see Injuries.). Interest, Indirect claims:
rules for measuring..

animus of the wrong-doer an element of, in tort.
should be an indemnity....
application of the rules concerning.
Mr. Cobden's views regarding..
Lord Stanley's views regarding.
Mr. Forster's views regarding.
Lord Russell's views regarding.

a sum in gross should be awarded for.

remoteness or nearness of, to be determined by Tribunal.

note regarding the assessment of......

the principle of compensation for, as maintained by Great Britain.
report of the committee appointed by board of trade regarding.
Denmark:

laws for enforcing neutrality of..

Deposit of the offense:

by the Florida at Mobile; argument as to......
Diligence. (See Due Diligence.)
Due Diligence. (See Burden of Proof, Great Britain :)

contention of United States regarding British want of.

not exercised to prevent fitting out, equipping, or arming in its jurisdiction
of vessels intended to carry on war against the United States...
nor to prevent its ports from being used as bases of naval operations.
the phrase is a definite and practical one.

"diligence" implies zeal, application, effort, &c....

"due" implies reasonableness, appropriateness, and adequateness.
objections to the British definition...

definition of diligence by British and American courts..

limit of the obligations created by this requirement of the Treaty
no evidence of the exercise of, submitted by Great Britain............
British definition of..

sources of the obligations to observe, according to Sir Roundell Palmer..
rules and principles of international law regarding (Palmer)..
the United States observance of in practice.

Mr. Evarts' views regarding........

Mr. Cushing's views regarding..

Sir R. Palmer's views in the case of Laird's rams.
Duguid, Captain:

evidence regarding the Florida...

E.

Evarts, Mr.:

his argument in reply to Sir Roundell Palmer.
Evidence, (see Burden of Proof :)

of breach of law to be sought from those who give information................

the United States have invariably required legal, before commencing pro-
ceedings....

the belief of Consuls does not constitute prima-facie..

Executive power:

includes the power of preventing violations of law.

the British view regarding,

Sir R. Palmer's view regarding.

extent of the right of, (Evarts).

peculiar advantages of Great Britain for the exercise of such power..
Exterritoriality:

of a vessel of war, the privilege is political and discretionary.
it is accorded only to vessels of recognized political powers..

F.

Fenians:

course of the United States towards justified.

Fish, Mr.:

his instructions to Mr. Motley of May 15, 1869, and of September 25, 1869.

Fiore:

concerning neutrality

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Florida, the:

at Liverpool, information by Mr. Adams concerning..
action by Her Majesty's Government...

internal proof that she was specially adapted for war.
report to be intended for the Italian Government..
the report ascertained to be without foundation..
her registry.

her clearance

want of due diligence in not inquiring concerning..

want of due diligence in not using the powers given by the merchants' ship-
ping act

arrival at Nassau..

the executive proceedings there a failure of the due diligence required by
the Treaty...

the seizure of the Florida and subsequent judicial proceedings
trial and release, partial and unjust character of the proceedings.
departure from Nassau.

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arming at Green Cay...

attempts to elude Spanish laws and fails, and then arrives at Mobile.
coals, provisions, and receives recruitments from Nassau, January, 1863..
receives fresh supplies of coal and repairs at Barbados, February, 1863..
at Pernambuco...

repairs and coals at Bermuda, July 15, 1863.

at Brest, receives recruits and machinery from Liverpool.

at Martinique at Bahia....

her tenders, Great Britain liable for their acts.

reasons why Great Britain is not responsible for the acts of, as set forth in
the British Argument..

her armament no negligence on the part of Great Britain:.

Sir R. Palmer's argument concerning her entry into Mobile.

reply of the counsel of the United States to Sir R. Palmer's argument...
Foreign-Enlistment Act, (see Great Britain.)

if adopted as the measure of duties, Great Britain still guilty of culpable
negligence.

not the measure of international obligations

if defective it should have been amended.

debate upon the act of 1819.

debate upon the act of 1870.

correspondence relating to amendment of
consideration of, in the British Argument.
its efficiency maintained by Great Britain
Forster, Mr.:

his views regarding injuries to United States...
France:

Laws for enforcing neutrality of

Course of Great Britain toward, during the American Revolution..
Fraser, Trenholm, & Co. :

the financial agents of the insurgents.

Fraser, John, the:

coal supplied from, to the Shenandoah at Melbourne

G.

Georgia, the

notoriety of her construction and destination.

registry, clearance and departure...
armament from the Alar...

information by Mr. Adams concerning.

inefficient action of Her Majesty's Government regarding

receives coals, supplies, and repairs at Simon's Bay, and goes to Cherbourg
is sold at Liverpool..

reasons why Great Britain is not responsible for the acts of, as set forth in
the British Argument...

her armament defended by Great Britain.

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its defects were glaring....

Sir Robert Phillimore's opinion of it.
Baron Channell's opinion of it...

comparison between it and the United States neutrality law of 1818....28, 167, 270
history of.....

was inefficient and its efficiency diminished by judicial construction..
note regarding....

31
166
226
231, 234
236
242, 309

269
273

63, 64

73,75

78

78

273

287

19,172

19

19

28

28

28

217

32,34

49

111

131

104

107

108

108

109
109

110

281
285

Government, form of:

its influence upon the obligation to observe due diligence, (Palmer,)..
of Great Britain considered by Mr. Cushing...
Grant, President:

his Message as to the Alabama claims.....
Granville. Lord:

views as to Johnson Clarendon Convention.

views as to the Treaty of Washington..

Great Britain, (see Animus, Due Diligence, Executive_Power, Foreign-Enlistment
Ael, Insurgent Agent, Municipal Laws, Prerogative, Unfriendliness :)
relation of her people to rebels changed by Queen's Proclamation.
systematic aid furnished from, to the insurgents....

which is the cause of great injury to the United States.
the aid from was organized and official

the only power which permitted such acts.
contention in its Case and Counter Case.......
responsibility for the acts of British subjects
failure to use the prerogative power of the Crown.

averse to legislating on the subject of neutral duties.

her laws compared with those of other powers

her history as a neutral compared with that of the United States.

her course as a belligerent towards neutrals.....

invites a joint action with France in American affairs before insurrection

broke out..

determines to recognize insurgents as belligerents before insurrection
broke out....

other unfriendly proceedings.

which established an unfriendly feeling toward the United States..
its Government possessed enough power to carry out any course of action
it might adopt..

in not detaining offenders, when returning to British ports
in not excluding offending cruisers from British ports....

the prerogative of the Crown ample for the purpose.

numerous examples of its exercise during the rebellion.
advantages enjoyed by it for the exercise of executive power.
omnipotence of parliament

her duty under the law of nations to have seized the insurgent cruizers..
failure to use due diligence to obtain information of the insurgent schemes.
to instruct to maintain vigilance.
regarding prosecuting officers

to break up the hostile system..

by relying on the Foreign-Enlistment Act
by neglecting to amend that act

Harding, Sir John:

illness of..

Hatteras, the:

destroyed by the Alabama
Hickley, Commander:

in delaying to make representations to insurgent agents..
her course regarding Mr. Adams's representations defended..

her diligence not affected by the doubtful construction of the Foreign-En-
listment Act, (Palmer)

took active and spontaneous measures to acquire information &c. (Pal-
mer)
Green Cay:

arriving of the Florida at
Gross sum. (See Damages.)

H.

inquires the condition of the Florida when leaving Liverpool............
his opinion concerning her at Nassau...
Holland:

10
11.55
12
13,55

13

19

21

27, 163, 165
30,32

33,3-

laws for enforcing neutrality of.

course of Great Britain toward during the American Revolution..
Hospitalities:

.38, 40, 173

Hostile acts:

acts done in violation of neutrality are, (Evarts)..
Hübner:

definition of neutrality...

Page.

394

495

alleged excessive to insurgents in British ports explained and justified by
Great Britain

196

193

203, 20-

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149

149

149

1532

152

153

159

160

160

160

172

173

175

176

178

2-3

401

413

76

91

97

36

49

303

454

50

I.

Indirect claims, (see Treaty of Washington, Lord Cairns :)
the term not found in the Treaty.

equivalent to national claims

discussed in the negotiations preceding the Treaty

the Johnson-Clarendon Convention fails because they are not included
in it

not waived by the Joint High Commissioners

set forth in the American Case in the language of the Joint High Commis-
sioners.

explanation of misunderstanding regarding..

consideration for estimating damages for

an adjudication upon, essential to a complete settlement
Injuries, (see United States :)

the relation between, and their cause, which is requisite to found a claim
for damages for...........

Insurgents:

prevented by United States from carrying on maritime war from their

own resources.

make Frazer, Trenholm & Co. their financial agents

authorize the purchase or construction of a navy abroad
Insurgent agent, (see Bullock :)

established in Great Britain before the outbreak of the insurrection..
interviews with Lord John Russell, and their representations to him.....
appointments of Bullock, Huse, North, Anderson, and Green
proceedings of, in England for the formation of an insurgent navy.
International law, (see Municipal Law, Neutrality, Neutrals, Treaty of Wash-

ington :)

the obligations, of not affected by the constitutional distribution of the
powers of a Government

nor by the institutions, customs, or habits of a people

calls for seasonable, appropriate, and adequate means to prevent violation
of neutrality

which means should be available as soon as required.
principles in force when the facts occurred...

Intervention, (see Belligerent Rights :)

what constitutes it

abstinence from it not neutrality

Interest:

should be included in compensation for damages.
Sir Roundell Palmer's argument regarding
Counsel of the United States, argument of,in reply.
Iron-clads, the:

proceedings concerning..

laws for enforcing neutrality of

Italy:

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L.

Laird, John, M. P.:

entitled to no credit as a witness, (note).............
Laurel, the, (see Shenandoah :)*

sails from Liverpool with officers, armament, and crew, for Shenandoah..
transfers the same to the Shenandoah

Law of nations, (see International Law.)

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Merchants' Shipping Act, the:

failure to use its powers in the case of the Florida...
Miranda expedition:

history of it.

Municipal law, (see International Law :)

not the measure of international obligations...

of Great Britain considered in the British Argument..

Nashville, the:

for what purposes referred to by Great Britain, (Palmer)

of other powers, the comparison with, considered by Sir R. Palmer

arrives at Bermuda and coals there..

arrives at Southampton..
coals again at Bermuda.

Nassau:

M.

Neutrality, (see Belligerent :)

abstinence from intervention is not

sympathy of the colony with the insurgents
note concerning the same

Negligence. (See Due Diligence, Great Britain.)
Neutral, (see Intervention, International Law, Belligerent :)

duty of, in case of rebel hostilities

duty to prevent dispatch of armament and ships of war, (Phillimore)............
becomes responsible for acts of its subjects by knowledge or sufferance or
by direct permission...

N.

state of, how reached in case of rebel hostilities..

definition of it by Phillimore

definition of it by the Counsel of the United States

should be maintained by seasonable, appropriate, and adequate means..
unfriendliness of Great Britain should have been considered in providing

such means

other elements which Great Britain should have considered in providing
its means

Neutrality laws, (see Municipal Law :)

of the United States compared with the Foreign-Enlistment Act..
amended at request of Great Britain

Orders in council:

of Italy, Brazil, Switzerland, France, Spain, Portugal, &c., &c., com-
pared.

This comparison criticised by Sir R. Palmer..

the preventive powers in the United States law examined, (Palmer).
Northcote, Sir Stafford :

his views on the Treaty of Washington....

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an intense assertion of neutral obligations

P.

Palmer, Sir Roundell:

his speech on the powers of the British Government to seize suspected
vessels..

his views regarding the United States performance of their duties as neu-
trals.

his views respecting the prerogative of the Crown..

his argument on due diligence, effect of commissions, and supplies of

coal

his argument concerning recruitments for the Shenandoah

his argument respecting the entrance of the Florida into Mobile....

his argument respecting the allowance of interest
Parliament:

debates in

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37,38,504

405
405,420

202.204

481
30

4-

40

151

520-

541

550

231

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