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191
Page.
XII-NATURE AND AMOUNT OF DAMAGES, &C.-Continued.
Reasons for calling all the claims Alabama Claims..
190
In April, 1865), the United States renew discussion
Responsibility of Great Britain re-asserted...
Denial of liability.
May, 1965, the United States classify claims as “direct” and
* indirect," and demand reparation for all...
Great Britain denies liability for indirect and refuses arbitra-
tion for direct claims..
Lord Russell the author of the term “Alabama Claims"
192
This term well known in October, 1866....
Lord Russell proposes to let bygones be bygones.
The United States decline to waive any of their claims.
The Stanley-Johnson Convention...
193
The Johnson-Clarendou Convention.
Lord Granville thinks it admits unlimited argument as to the
extent of the Alabama Claims...
This Convention not acceptable to the United States.
Mr. Johnson informs Lord Clarendon that the United States
have claims of their own on Great Britain....
Sir Eilward Thornton advises Lord Clarendon that the Conven-
tion is rejected because it is thought that it does not in-
clude the indirect claims...
Mr. Motley informs Lord Clarendon that the United States do
not abandon the national claims..
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..
President's message to Congress December, 1869..
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....
Negotiations opened at Washington..
Reasons which indnced those negotiations.
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......
“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.
This would have been an amicable settlemeut
But no waiver of any class of claims.
The proposal declineil...
Without exception to the detinition of the term Alabama
Claiins".
A reference proposed by Great Britain
200
Unwillingly accepted by the United States
The Treaty of Washington...
Meaning of the words * amicable settlement”
Cliams for reference imder the Treaty..
The same which were described in proliminary correspondence. 200
No waiver of indirect claims..
Powers of the Tribunal...
201
Power to assess damages not limited
Views of Mr. Bernard.
Twelfth article of the Treaty
Sir Statiord Northeote...
202
Lord Ripon
Mr. Bernard ..
Evidence from Protocol II..
Debate in Parliament--Lord Granville.
Lord Cairns says the indirect claims included in the Treaty. 203
His construction not questioned...
203
Lori Ripon's views...
Sir Stattord Northcote
2014
205
206
207
208
209
210
211
212
213
215
216
218
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......
2:20
220
221
2.12
22
223
226
227
229
231
NOTE B.-EXTRACTS, &c.-Continued.
1. The Foreign-Enlistment Act of July 3, 1819...
2. Lord Althorp's motion for the repeal of the Foreign-Enlistment
Act....
3. The affair at Terceira.
4. The Foreign-Enlistment Act of August 9, 1870.
5. The Treaty of Washiuyton....
234
236
239
NOTE C.-MEMORANDUM OF CORRESPONDENCE AND DOCUMENTS RELATING TO
THE AMENDMENT OF TIE ENGLISII FOREIGN-ENLISTMENT ACT, 1861–71.....
242
NOTE D.-CONSIDERATION OF THE CLAIMS ARISING IN THE DESTRUCTION OF
VESSELS AND PROPERTY BY THE SEVERAL CRUISERS
248
249
Detailed statements have been presented....
With the evidence furnished by the claimants to support them....
The United States desire an award of a sum in gross on the evi-
dence presented...
British criticisms on this evidence.
The answer to such criticisms...
Injustice of the Britislı estimates of the valne of the vessels de-
stroyed.....
Prices obtained under forced sales no criterion.
Whaling and fishing vessels..
Letter of Mr. Crapo..
Property destroyed..
How proved
Oil or tisli destroyed on whalers or fishing-vessels.
Personal effects.....
Claims of insurance companies..
No double claims supported by the United States.
Charter-parties or freights..
Loss of profits...
A part of the damages in actions in tort.
Breaking up voyages of whaling vessels..
Claims of the officers and crews.
219
250
2.31
251
232
2.32
252
253
233
254
II.
ARGUMENT OR SUMMARY, SHOWING THE POINTS AND REFERRING TO THE
EVIDENCE RELIED UPON BY THE GOVERNMENT OF HER BRITANNIC
MAJESTY IN ANSWER TO THE CLAIMS OF THE UNITED STATES PRE-
SENTED TO THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER
ARTICLE I OF THE TREATY ('ONCLUDED AT WASHINGTON ON THE 8TH
MAY, 1871, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED
STATES OF AMERICA.
Scope of the Arbitration.
Course of proceeding to be followed by the Tribunal.
Vessels to which the claims of the United States relate..
Nature of the Argument on the part of Great Britain....
The Sunter, Nashville, Tallahassee, Chickamauga, and Retribution.
The Clarence, Tacony, Archer, and Tuscaloosa
The Alabaina, Florida, Georgia, and Shenandoah
Substance of charges..
General principles of International Law in force when the facts occurred...
The three Rules of the Treaty of Washington..
Meaning of the words “reasonable ground to believe"
"Due diligence".
British law and powers of the Executive in Great Britain
Facts which must be proved before an award can be made against Great
Britain ....
The Florida..
The Alabama
The Georgia.
259
260
263
264
265
267
268
269
273
274
276
281
23
2-3
2.3
295
303
301
304
307
300
313
OF
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
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..
315
321
323
326
330
3:32
335
33
339
310
340
311
312
3-16
318
ERS.
350
354
355
Vanderbilt..
San Jacinto.
Augusta...
Dacotah
Niagara..
Money claims-further abatements suggested.
356
359
360
302
363
364
365
370
III.
375
SUPPLEMENTARY STATEMENTS OR ARGUMENTS MADE BY THE RE-
SPECTIVE AGENTS OR COUNSEL SUBSEQUENTLY TO FILING THE
ARGUMENTS ACCORDING TO THE PROVISIONS OF THE TREATY.
I.-STATEMENT OF Sir ROUNDELL PALMER, MADE AT THE SEVENTH Con-
FERENCE, ON THE 27TH JUNE, 1872...
Points upon which he desires further argument...
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
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 .
On the sources of the obligation....
Rules and principles of International Law.
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
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..
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
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...
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
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..
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...