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clude the indirect claims...

Mr. Motley informs Lord Clarendon that the United States do

not abandon the national claims..

193

And that the Johnson-Clarendon Convention did not afford suf-

ticient redress for the national injuries..

195

The indirect claims as cousidered by Lord Clarendon..

195

President's message to Congress December, 1869..

190

Same in 1870...

196

In January, 1871, the words "Alabama Claims" were understood

to include all claims of United States against Great Britain,

both national and individual....

196

Negotiations opened at Washington..

196

Reasons which indnced those negotiations.

196

Preliminary proposals and correspondence.

197

The proposed commission to treat of the “Alabama Claims" 197

United States Commissioners appointed and contirmeil on the

correspondence, and their powers limited by it......

197

“The Alabama Claims," the American Commissioners state their

understanding of the meaning of those words..

198

They propose a mode of ascertaining the amount of the dam-

ages

199

And that payment thereof should be made.

199

This would have been an amicable settlemeut

199

But no waiver of any class of claims.

199

The proposal declineil...

199

Without exception to the detinition of the term Alabama

Claiins".

199

A reference proposed by Great Britain

200

Unwillingly accepted by the United States

200

The Treaty of Washington...

200

Meaning of the words * amicable settlement”

200

Cliams for reference imder the Treaty..

200

The same which were described in proliminary correspondence. 200

No waiver of indirect claims..

200

Powers of the Tribunal...

201

Power to assess damages not limited

201

Views of Mr. Bernard.

201

Twelfth article of the Treaty

201

Sir Statiord Northeote...

202

Lord Ripon

202

Mr. Bernard ..

202

Evidence from Protocol II..

202

Debate in Parliament--Lord Granville.

202

Lord Cairns says the indirect claims included in the Treaty. 203

His construction not questioned...

203

Lori Ripon's views...

203

Sir Stattord Northcote

2014

XIII.-NATURE AND AMOUNT OF DAMAGES, &C.-continued.

Conclusions...

The American Case stated the claims in the language of the Joint

Iligh Commissioners

Long delay in objecting to it by Great Britain..

Supposed concessions to United States in the Treaty.

The Rules.

Expression of regret..

Fenians..

Conclusions.

Lord Granville's speech....

Explanation of the misunderstanding

Résumé...

Arbitration takes the place of war

The Tribucal the judge of its own powers.

Pradier Fodéré.

Calvo..

Mr. Montague Bernard..

3. Measure of damages.

Rules for measuring damages

Severity to be shown to the wrong-doer in claims founded on torts.

The animus of the wrong-doer an element of damages.

The relation between the injury and its cause..

Whether the natural result of the wrong-doer's act.

Damages should be an indemnity..

Whether so or not a question of fact

Application of principles..

As to personal injuries.

As to property of the United States destroyed..

As to property destroyed and injuries inflicteil upon citizens of

the United States...

As to expenses in pursuit of the cruisers.

Alleged concionement by the United States.

The arbitration substitutes damages in the place of reparation by

war..

Reply to Arguments in the British Counter Case.

Indemnity should follow injury...

Award of a sum in gross.

It should include interest.

Case of the Canada...

Award under the Treaty of Ghent.

Award under the Jay Treaty.

Contingent reference to assessors..

Claims of private persons.

The indirect claims..

Enhanced rates of insurance

Transfer of United States commerce to British tlag.

Prolongation of the war.

Whether too remote for consideration to be determined by the

Tribunal..

Views of Mr. Prallier Fodéré..

General considerations...

The United States do not desire extreme damages.

The jurisdiction of the question belongs to the Tribunal

Withont an adjudication upon it there will not be a full settlement

of all differences..

Conclusion....

NOTE A.-OBSERVATIONS ON CERTAIN SPECIAL CRITICISMS IN THE BRITISH

COUNTER CASE ON THE CASE OF THE UNITED STATES..

1. The British-Foreign Evlistment Acts...

2. American neutrality in 1793–94.

3. The United States and Portugal.

4. Nassau in December, 1861, and January, 1862..

NOTE B.-EXTRACTS FROM VARIOUS DEBATES IN THE PARLIAMENT OF GREAT

BRITAIN REFERRED TO IN THE FOREGOING ARGUMENT......

NOTE C.-MEMORANDUM OF CORRESPONDENCE AND DOCUMENTS RELATING TO

THE AMENDMENT OF TIE ENGLISII FOREIGN-ENLISTMENT ACT,
1861–71.....

242

Britain ....

The Florida..

The Alabama

The Georgia.

259

259

260

263

263

264

264

264

265

267

268

268

269

273

274

276

281

Page.

23

ARGUMENT OF SUMMARY, &C.-Continued.

The Shenandoah
Conclusion as to the Florida, Alabaina, Georgia, and Shenandoah

General course pursued by the British Government in regard to the represen-

tations made by Mr. Adans....

Charge that the armament of certain vessels was procured from Great Britain

Charge that the crews of certain vessels were partly composed of British

subjects....

Charge as to c'onfederate Agencies in Great Britain for war purposes.

Complaint that Confederate cruisers visiting British ports were not seized

and detained..

Complaint as to hospitalities accorded to Confederate cruisers in British

ports

Review of the grounds on which the claims of the United States rest.

Character of the claims of the United States.

Observations on the principle and measure of compensation

Conclusion....

ANNEX A. COMMUNICATIONS BETWEEN THE BRITISH AND AMERICAN GOY-

ERNMENTS DURING THE CIVIL WAR, WITH REFERENCE TO THE STATE OF

TITE NEUTRALITY LAWS OF GREAT BRITAIN.

ANNEX B. FRENCI TRANSLATION OF THE TINEE RULES IN ARTICLE VI

OF THE TREATY OF WASHINGTOX..

ANNEX C. REPORT OF THE COMMITTEE APPOINTED BY THE BOARD

TRADE..

Class A

Class B

Class C

Class D

Class E, F.

Correction and combination of allowances.

Summary

I. As to the vessels and outfits.

II. As to freights and earnings.

III. As to the cargoes.

IV. As to claims for damages and personal effects

V. Result..

Notes..

Table No. 1. Showing progressive increase in the amount of claims

for losses incurred through the respective cruisers as stated at dif-

ferent periods...

Table No. 2. Showing the result of the corrections and re-appropria-

tions of the claims and the corresponding allowances in summa-

ries Nos. 1, 2, avd 3, of First Report, in accordance with remarks

in present Report.

Table No. 3. Showing, under respective divisions of classes, interest,

and cruisers, the claims advanced under the Revised Statement,

together with the allowances to meet them
Table No. 4. Showing the vessels captured by the Alabama, the valu-

ation the captors placed on each vessel, the allowance deemed ad-

equate for each, &c....

ANNEX D. FURTHER NOTE ON THE CLAIM PRESENTED BY THE GOVERN-

MENT OF THE UNITED STATES FOR EXPENDITURE ALLEGED TO HAVE

BEEN INCURRED IN THE PURSUIT AND CAPTURE OF CONFEDERATE CRUIS-

EFFORTS MADE TO CAPTURE CONFEDERATE CRUISERS

Alabama..

Florida

Georgia..

Shenandoah

Inadequacy and want of concert of United States naval force abroad, &c

Errors in the synopsis of orders

Admiral Wilkes's flying squadron

Miscellaneous cases..

312

3-16

318

Vanderbilt..

San Jacinto.

Augusta...

Dacotah

Niagara..

Money claims-further abatements suggested.

Conclusions...

356

359

360

302

363

363

364

364

364

365

370

SUPPLEMENTARY STATEMENTS OR ARGUMENTS MADE BY THE RE-

SPECTIVE AGENTS OR COUNSEL SUBSEQUENTLY TO FILING THE

ARGUMENTS ACCORDING TO THE PROVISIONS OF THE TREATY.

Page.

I.-STATEMENT OF Sir ROUNDELL PALMER, MADE AT THE SEVENTH Con-

FERENCE, ON THE 27TH JUNE, 1872...

Points upon which he desires further argument...

375

JI.-REPLY OF THE COUNSEL OF THE UNITED STATES IN RESPONSE TO THE

FOREGOING STATEMENT OF SIR ROUNDELL PALMER...

376

Reasons why further argument should not be ordered at this stage of

the proceedings

376

III.-ARGTMENT OF SIR ROUNDELL PALMER ON THE QUESTION OF “DUE

DILIGENCE." “THE EFFECT OF COMMISSIONS UPON THE INSURGENT

CRUISERS,” AND “THE SUPPLIES OF COAL TO SUCH CRUISERS IN BRITISH

Ports”

385

1. On the question of Due Diligence generally considered .

385

On the sources of the obligation....

385

Rules and principles of International Law.

385

Express or implied engagements of Great Britain.

387

Effect of prohibitory municipal laws

388

The three Rules of the Treaty of Washington...

389

General principles for finding what diligence is due.

390

The maxims cited by the United States from Sir R. Phillemore 390

For what purposes Great Britain refers to her municipal laws.. 393

Doctrine of Tetens

393

Influence upon the question of diligence of the different forms

of National Governments

394

Objections to any theory of the diligence due from neutral Gov-

ernments which involves a universal hypothesis of arbitrary

power

394

Argument of the United States as to the necessity of a reliance

on prerogative.....

395

Argument as to prerogative powers belonging to the British

Crown..

395

True doctrine as to powers of the Crown..

397

American view of an a priori obligation

398

The British Crown has power to use the forces of the realm to

stop acts of war within British territority

399

The assertion that Great Britain relies on punitive and not

preventive law disproved......

400

Preventive power of British law explained

400

The doubtful points as to the construction of the British For-

eign-Enlistment Act never affected the diligence of the British

Government....

401

Baron Bramwell's view of the international as distinct from

municipal obligation agreed with that of the American Attor-

ney-General in 1841..

402

On the arguments as to due diligence derived by the United

States from foreign laws...

402

On the comparison made by the United States between their

own laws and British laws...

405

Examination of the preventive powers of the American Govern-

ment under their acts of Congress for the preservation of neu-

trality

405

Testimonies of Mr. Bemis and Mr. Seward on this subject... 409

Argument from the Foreign-Enlistment Act of 1870.

409

Illustrations of the doctrine of due diligence from the history

of the United States..

410

Arguments of the United States from suggested defects in the

administrative machinery of British law, and from the evi-

dence required by the British Government..

410

Inconsistency of the Rules of the Treaty with the requirement

of diligence to prevent where there were not reasonable

grounds of belief

412

The British Government took active and spontaneous measures

to acquire all proper information and to prevent breaches of

the law...

412

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