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. 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 :) not exercised to prevent fitting out, equipping, or arming in its jurisdiction nor to prevent its ports from being used as bases of naval operations. "diligence" implies zeal, application, effort, &c... Page. 212 212 215 215 217 217 217 217 220 222 24- 304 37 541.546 17 17 17 154 155 due" implies reasonableness, appropriateness, and adequateness. 155 155 definition of diligence by British and American courts. 156, 157 limit of the obligations created by this requirement of the Treaty. 157 12 267,26 sources of the obligations to observe, according to Sir Roundell Palmer.. of breach of law to be sought from those who give information............. the United States have invariably required legal, before commencing pro- peculiar advantages of Great Britain for the exercise of such power............ of a vessel of war, the privilege is political and discretionary the British view regarding Sir R. Palmer's view regarding. extent of the right of, (Evarts). F. 415 415 419 151 152 152 153,455 295,297 427 451 Fenians: course of the United States towards justified... 45 Fish, Mr.: his instructions to Mr. Motley of May 15, 1869, and of September 25, 1869. 195 Fiore: concerning neutrality. 30 Florida, the: at Liverpool, information by Mr. Adams concerning. internal proof that she was specially adapted for war. 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- arrival at Nassau.. the executive proceedings there a failure of the due diligence required by the seizure of the Florida and subsequent judicial proceedings trial and release, partial and unjust character of the proceedings. departure from Nassau. arming at Green Cay.. attempts to elude Spanish laws and fails, and then arrives at Mobile. 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 her armament no negligence on the part of Great Britain:. reply of the counsel of the United States to Sir R. Palmer's argument....... if adopted as the measure of duties, Great Britain still guilty of culpable not the measure of international obligations if defective it should have been amended.. 19,172 its defects were glaring. Sir Robert Phillimore's opinion of it. Baron Channell's opinion of it.. 28 comparison between it and the United States neutrality law of 1818. 28, 167, 270 31 was inefficient and its efficiency diminished by judicial construction. 166 note regarding.. 226 Course of Great Britain toward, during the American Revolution.. 231, 234 236 242, 309 269 273 217 32, 34 49 111 131 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 reasons why Great Britain is not responsible for the acts of, as set forth in her armament defended by Great Britain. 104 107 108 108 109 109 110 2-1 285 Government, form of: its influence upon the obligation to observe due diligence, (Palmer,). Grant, President: his Message as to the Alabama claims.. Granville, Lord: views as to Johnsou Clarendon Convention.. Great Britain, (see Animus, Due Diligence, Executive Power, Foreign-Enlistment Act, Insurgent Agent, Municipal Laws, Prerogative, Unfriendliness :) relation of her people to rebels changed by Queen's Proclamation. 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 Page. 394 495 196 193 203, 20- 10 12 13,55 13 19 21 27, 163, 165 33,38 .38, 40, 173 48 its Government possessed enough power to carry out any course of action her history as a neutral compared with that of the United States. invites a joint action with France in American affairs before insurrection determines to recognize insurgents as belligerents before insurrection other unfriendly proceedings. which established an unfriendly feeling toward the United States.. the prerogative of the Crown ample for the purpose, 52 4 2 228 52 149 149 numerous examples of its exercise during the rebellion 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. by relying on the Foreign-Enlistment Act by neglecting to amend that act in not detaining offenders, when returning to British ports in not excluding offending cruisers from British ports... 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- took active and spontaneous measures to acquire information &c. (Pal- 153 159 160 160 160 inquires the condition of the Florida when leaving Liverpool...... 59 Holland: laws for enforcing neutrality of course of Great Britain toward during the American Revolution..... 36 49 Hospitalities: alleged excessive to insurgents in British ports explained and justified by discussed in the negotiations preceding the Treaty 189 the Johnson-Clarendon Convention fails because they are not included 195 not waived by the Joint High Commissioners 199 set forth in the American Case in the language of the Joint High Commis- 205 explanation of misunderstanding regarding.. 209 221 an adjudication upon, essential to a complete settlement 214 Injuries, (see United States :) the relation between, and their cause, which is requisite to found a claim 213 Insurgents: prevented by United States from carrying on maritime war from their own resources. make Frazer, Trenholm & Co. their financial agents 111 111 Insurgent agent, (see Bullock :) established in Great Britain before the outbreak of the insurrection... the obligations, of not affected by the constitutional distribution of the calls for seascuable, appropriate, and adequate means to prevent violation sails from Liverpool with officers, armament, and crew, for Shenandoah.. 115 116 Law of nations, (see International Law.) history of it. Municipal law, (see International Law :) not the measure of international obligations. of Great Britain considered in the British Argument.. for what purposes referred to by Great Britain, (Palmer) ..... of other powers, the comparison with, considered by Sir R. Palmer duty to prevent dispatch of armament and ships of war, (Phillimore)....... Neutrality, (see Belligerent :) state of, how reached in case of rebel hostilities... 118 119 64 41 13,496 269 393 405 138 139 140 74 20 20 abstinence from intervention is not 20 definition of it by Phillimore 21 definition of it by the Counsel of the United States 22.50 should be maintained by seasonable, appropriate, and adequate means.. other elements which Great Britain should have considered in providing 14- Neutrality laws, (see Municipal Law :) of the United States compared with the Foreign-Enlistment Act.. of Italy, Brazil, Switzerland, France, Spain, Portugal, &c., &c., com- This comparison criticised by Sir R. Palmer.. the preventive powers in the United States law examined, (Palmer) his speech on the powers of the British Government to seize suspected 4- his views regarding the United States performance of their duties as neu- 40 his views respecting the prerogative of the Crown. 151 his argument on due diligence, effect of commissions, and supplies of his argument concerning recruitments for the Shenandoah |