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I. Report of J. C. Bancroft Davis--Continued.

Effect of a commission; position of the United States.

10

British position

10

American rejoinder.

10

Views of Viscount d'Itajuba.

10

Decision of the tribunal..

10

Supplies of coal; position of the United States

11

Decision of the tribunal ..

11

Views of Mr. Adams....

11

Views of Count Sclopis.

11

Views of Mr. Staempfli

11

Views of Viscount d'Itajuba ...

12

Municipal laws of England cannot be set up in justification

12

The tribunal pass upon the Sumter, Nashville, &c., notwithstanding Brit-

ish objections...

12

Sir A. Cockburn's dissenting opivion...

12

He is the representative of Great Britain..

12

His charges against the American counsel

12

They need no vindication ....

13

No opportunity offered to consider or object to the cbarges.

13

He charges the case with abuse and hostility

13

The reasons for those charges....

13

The justice of the line of argument in the American case admitted.

13

Lord Russell justifies it

14

Lord Westbury justities it

14

The results of the tribunal a vindication of the policy of arbitration.

14

II. Protocols of the conferences of the arbitrators

15

1. Organization, and delivery of cases..

15

2. Adjournment to June 15.

16

3. Delivery of American argument; British motion for adjournment.

17

4. Adjournment..

19

5. Arbitrators declare indirect claims not a subject for computation of dam-

ages.

19

6. The United States acquiesce in the decision.

20

7. Decision made official. British argument filed.

Sir R. Palmer moves

for re-argument; motion denied...

21

8. Sir A. Cockburn moves for re-argument ; motion denied.

25

9. Order of proceedings ...

26

10. Same subject. Mr. Staempfli's paper; Sir A. Cockburn's renewed motion

for argument...

27

11. The Florida ......

28

12. The Florida..

13. Sir A. Cockburn's motion for argument denied : the Alabama..

14. Argument ordered as to due diligence, effect of commissions and sup-

plies of coal: the Alabama

30

15. British arguments submitted: Sumter, Nashville, and Chickamauga 30

16. Tallahassee and Retribution..

31

17. Oral argument of Mr. Evarts..

31

18. Argnments of Mr. Evarts and General Cushing

32

19. Retribution : argument of Mr. Waite.

32

20. Sallie, Jeft. Davis, Music, Boston, and V. H. Joy

33

21. Effect of commission ; new evidence submitted by Great Britain..

33

22. The Georgia ....

34

23. The Shenandoah ; new tables presented by the agents..

34

24. The Shenandoah; argument ordered on the effect of the entry of the

Florida into Mobile.

35

25. Lord Tenterden's statement about tables presented by Mr. Davis; argu-

ments as to Florida ; decisions as to Sumter, Nashville, Retribution,

Georgia, Tallahassee, Chickamauga, and Shenandoah.

36

26. Lord Tenterden presents new tables ; decisions as to Florida, Tuscaloosa,

Clarence, Tacony, and Archer; Mr. Davis replies to Lord Tenterden's

remarks on the American tables..

37

27. Claims for expenses for pursuit of cruisers, for prospective profits, and

for gross freights rejected.

43

28. Argument ordered respecting interest...

29. Mr. Staempfli's statement, and Sir A. Cockburn's memorandum regard-

ing a sum in gross...

30. Regarding draught of decision

47

31. Form of decision adopted ; Viscount d'Itajnba respecting supplies of coal..

47

32. Signature of award and dissolution of tribunal..

48

Page.

III. Decision and award

49

Recitals

49

Award

50

Due diligence

50

Effect of a commission

50

Exterritoriality of vessels of war

50

Effect of want of notice ....

50

Supplies of coal

50

Responsibility for acts of Alabama

51

Responsibility for acts of Florida

51

Responsibility for the acts of the Shenandoah after leaving Melbourne 52

Responsibility for the acts of the Tuscaloosa, Clarence, Tacony, and

Archer

52

No responsibility for the Retribution, Georgia, Sumter, Nashville, Talla-

hassee, or Chickamauga

52

The Sallie, Jett. Davis, Music, Boston, and V. H. Joy not taken into con-
sideration

5.3

Claims for cost of pursuit not allowed

Same as to prospective earnings

Only net freights allowed

Fifteen and a balf millious awarded for compensation

53

IV. Opinions of the arbitrators

55

Opinious of Count Sclopis

55

Due diligence...

57

British unfriendliness .

62

Vessels which bave received commissions.

69

Supplies of coal...

74

The Alabama..

75

The Shenandoah

81

The Florida..

90

Opinions of Viscount d'Itajuba.

96

Effect of a commission

96

The Florida.

98

The Alabama

99

The Georgia, Sumter, Nashville, Retribution, Tallahassee, and Chicka-

mauga

101

The Sallie, Jeff. Davis, Music, Boston, V. H. Joy

101

Sbenandoah.

101

Opinions of Mr. Stæmpfli.

103

Opinions on the questions of law as to which the tribunal of arbitration

reqnested elucidation ...

103

Rules of the treaty take precedence..

103

Questions to be decided

106

Detinition of facts..

106

Vessels whose acts are to be adjudicated upon

107

The Florida.

108

The Alabama..

119

The Shenandoah.

125

The Sunter

134

The Retribution.

138

Opinions of Mr. Adams.

141

Due diligence

141

The effect of commissions..

146

Supplies of provisions and coals.

148

The Florida

150

The Alabama.

171

The Tuscaloosa.

181

The Georgia.

187

The Shenandoab.

196

The Sumter.

208

The Nashville

212

The Chickampauga.

214

The Tallahassee.

215

The Retribution.

217

Opinions of Sir Alexander Cockburn

230

Causes of complaint brought forward by the United States.

230

Rules of the treaty of Washington..

230

Difficulty arising from the treaty

231

Elements of nentrality

2:34

IV. Opinious of the arbitrators--Continued.

Obligations of the neutral state...

Obligations of the subjects of a neutral state.

Liability of the state for acts of its subjects..

Rights of neutral subjects in respect of trade...

Difference between a state and its subjects in regard to trade.

Effect of war on neutral trade..

Blockade and contraband of war.

Different view

M. Hautefeuille..

No obligation on neutral governments to prevent trade in contraband of

war, or with blockaded ports..

M. Ortolan

Ships of war and coals..

Passive commerce of the neutral.

Lampredi

Azuni.

Massé.

M. Ortolan.

Heffter...

Professor Bluntschli

Sir R. Phillimore..

M. Hautefeuille...

Practice in former wars.

American authorities..

Purchase of contraband of war by the Government of the United States.

Result of discussion ..

Sale of ships...

Professor Bluntschli.

Opinion of Dana...

Opinion of M. Ortolan..

Opinion of Professor Bluutschli

Opinion of M. Rolin Jacqnemyns,

Opinion of the judges of England.

Case of the Santissima Trinidad..

Judgment of Mr. Justice Story.

Caso of the Gran Para...

American review...

Opivion of Mr. Adams

Question as to prohibition of sale of articles contraband of war

Ship of war sent out for immediate service

Armament and crew sent out in different ships...

Duty of neutral government....

American argument as to effect of foreign-enlistment act.

Britisb and American acts.

As to effect of act of 1870....

Right conferred on belligerent by municipal law

Etfect of proclamation..

Equipment of vessels under rules of treaty

Construction of rules of treaty.

Due diligence, wbat?

Opinions of jurists,

Same principle applied to government.

Heads of diligence

Law.

Means at disposal of government.

Action of government

Errors of judgment.

Delay.

Seizure of vessels.

Judicial miscarriage.

Liability for acts of subordinates.

Municipal law of Great Britain

Foreigo-enlistment act.

Preventive law..

Comparison with American acts.

Preventive powers of British and American acts

British act of 1870...

Negotiations for amendment of the foreign-enlistment act during the civil

war....

11. Opinions of the arbitrators-Continued.

Comparison with foreign laws..

Law of Austria

Law of Prussia..

Law of Switzerland.

Law of France...

Law of Belgiun...

Law of the Netherlands.

Law of Spain.....

Law of Portugal and Brazil.

Law of Italy...

Law of Denmark.

Law of Sweden.

Law of Russia.

Law as to privateers.

Comparison between Great Britain and United States as to observance of

neutrality..

Legislation of 1794

Complaints of Spain.

Complaints of Portugal

American act of 1838.

Expedition of Lopez against Cuba..

Walker's expedition against Mexico and Central America.

Fenian raids..

Expedition in aid of the Cubau insurrection.

Complaints of unfriendliness..

Alleged evidence of unfriendly feeling

Complaints of unfriendly conduct..

Acknowledgment of belligerency

Vattel

Hautefeuille

Professor Bluntschli

Mr. Dana ....

The Santissima Trinidad

Whether acknowledgment premature.

Recognition of belligerency..

Course pursued by foreign powers.

Question as to confederate vessels.

Discussion with government of the Netherlands.

Correspondence with Brazil..

Correspondence with Spain...

Correspondence with French government

Correspondence with British government.

Regulations of June 1, 1861..

Regulations of 31st January, 1862.

As to Nassan...

Alleged partiality as to coaling.

Supplies of arms obtained from Great Britain.

Ships obtained from Great Britain....

Steps taken by the British government.

The Bermuda...

The Georgiana..

Vessels at Glasgow.

The Phantom and Southerner.

The Alexandra...

The South Carolina..

The Gibraltar or Sumter.

Trop-clads at Birkenhead.

The Canton or Pampero

Irop-clad ram at Glasgow.

The Rappabannock.

The Amphion....

The Hawk..

The Ajax. the Hercules, the Virginia, the Louisa Ann Fauny.

Anglo-(binese tleet.

General results...

Proceedings of other governments

Brazil..

Portugal.

IV. Opinions of the arbitrators-Continued.

France...

The Stonewall

Complaints of blockade-running

Sympathy in the colonies.

Application to particular vessels.

The Florida...

At Liverpool

At Nassau.

Alleged recruitment of crew

Florida after leaving Green Cay

Question as to effect of going into and remaining at Mobile.

After Mobile

Case of the United States rs. De Quincy.

Question whether the Florida should have been seized on again coming

into a British port.

Effect of commissions on ships of war

Ships of war exterritorial

Hetfter..

Sir R. Phillimore..

Ortolan..

Case of the Excbange.

Commission of mere belligerent..

Effect of alleged violation of neutral territory

Hantefeuille..

Ortolan..

Duty of seizing for breach of municipal law

Duty of excluding from neutral ports..

Case of the Cassius.

Stay of belligerent ships in neutral ports ; supplies of coal there

Power of neutral sovereign..

Law as asserted byt he United States..

Whether coaling makes a port a base of naval operations.

Right of asylum..

Supply of coal.

At Nassau

At Nassau

At Barbadoes

At Nassau

At Bermuda

At Brest

At Martinique

Again at Bermuda

The Alabama

At Liverpool

After leaving Liverpool

Arming off Terceira.

At Martinique

At Jamaica

At the Cape of Good Hope

lu the eastern seas.

At Cherbourg

Tuscaloosa

Georgia...

Shenandoah..

At Melbourne

Supply of coal.

Melbourne a base of naval operations.

After leaving Melbourne..

Sunter

At Trinidad.

At Gibraltar

At Liverpool

Nashville

At Bermuda.

At Southampton

Again at Bermuda.

Chickamauga

Tallahassee..

Retribution

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