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the permission in colonial ports a failure to perform the
principal member of firm of Fraser, Trenholm & Co., and
247, 320 101, 129
TWENTY-FOUR HOURS' RULE:
in United States..
LYDER ARTICLE 1 OF THE TREATY CONCLUDED AT WASHINGTON ON THE STH MAY, 1871, BETWEEN HER BRITANNIC MAJESTY
AND THE UNITED STATES OF AMERICA.
The case now presented to the arbitrators on the part of the government of Her Britannic Majesty comprehends a statement of the facts which that government regards as material to a just adjudication on the claims of the United States, and of some general propositions on which it intends to rely, believing them to be in accordance with the principles of international law and the practice of nations.
THE CONTENTS OF THE CASE ARE AS FOLLOWS:
edition. edition. 1. A statement of the matter referred to the arbitrators, as it is understood by Her Britannic Majesty's government, Part I, pages.
207-209 II. An introductory statement of the events which attended and followed the
commencement of the civil war in America, and of the course pursued by
4-22 211-235 III. A further introductory statement on international rights and duties ; on the
powers which were possessed by Her Britannic Majesty's government of
23-50 236-971 IV. Considerations proper to be kept in view by the arbitrators in entering on the
cases of the vessels specifically mentioned in the four following parts, V,
51-52 272, 273 V. Statement of facts relative to the Florida, Part V, pages.
274-307 VI. Statement of facts relative to the Alabama, Part VI, pages..
302_353 VII, Statement of facts relative to the Georgia, Part VII, pages..
120-133 VIII. Statement of facts relative to the Shenandoah, Part VIII, pages.
136-162 374-406 IX. Recapitulation of the material facis stated in the preceding parts, Part IX, pages.
163-165 X. Remarks in conclusion, Part X, pages..
411-413 TIR APPENDIX TO THE CASE CONSISTS OF FOUR VOLUMES, THE CONTENTS OF WHICH ARE AS FOLLOWS: Vol. I. Correspondence relating to the Florida, Alabama, Georgia, and Shenandoah.
(See vol. I, pages 217 to 1002 of this edition.) Vol. II. Correspondence relating to the Sumter, Nashville, Geo rgiana, Phantom
Southerner, Alexandra, and other vessels respecting which representations were made by the Government of the United States to that of Her Bri
taupic Majesty during the civil war. (See vol. II of this edition.) Vol. III. Papers relating to the commencement of the civil war; proclamations and
regulations issued by the governments of Great Britain and other countries during that war; the neutrality laws of the United States and of Great Britain; judgments delivered by the British Court of Exchequer and by the Supreme Court of the United States; correspondence between the Government of the United States and the governments of Spain and Portugul relative to the fitting out of privateers in the ports of the firstnamed country; and the report of the royal commission appointed to inquire into the character, working, and effict of the British laws for the
enforcement of neutrality. (See rol. III, pages 1 to 395, of this edition.) Vol. IV. General correspondence on the “Alabama claims,” presented to Parliament.
(See vol. III, pages 397 to 965, of this edition.)
STATEMENT OF THE MATTER REFERRED TO THIE ARBITRATORS, AS IT IS UN
DERSTOOD BY THE GOVERNMENT OF HER BRITANNIC MAJESTY.
The government of Her Britannic Majesty, in proceeding to state, for the information of the tribunal of arbitration, the facts and arguments which appear material to a just adjudication tory statement. on the claims to be presented by the Government of the United States, finds it necessary to remark, in the first place, that no definite and complete statement of those claims, with the grounds on which they are founded, has ever been furnished by the latter Government.
A general definition of them is, however, supplied by the terms of the reference to arbitration contained in Articles I to XI of the treaty of Washington, (8th May, 1871,) coupled with the previous correspondence between the two governments.
The parts of the treaty to which Her Britannic Majesty's government particularly refers are the following:
ARTICLE I. Whereas differences bave ariseu between the Government of the United States and the Government of Her Britannic Majesty, and still exist, growing out of the acts committed by the several vessels which have given rise to the claims generically known as the Alabama claims: and whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries to express in a friendly spirit the regret telt by Her Majesty's Government for the escape, under whatever circumstances, of tho Alabama and other vessels froin Britisb ports, and for the depredations committed by thuse vessels : now, in order to remove and adjust all complaints and claims on the part of the United States, and to provide for the speedy settlement of such claims, which are not admitted by Her Britannic Majesty's Government, the High Contracting Parties agree that all the said claims, growing out of acts committed by the aforesaid vessels, and generically known as the Alabama claims, shall be referred to a Tribunal of Arbitration, to be composed of five Arbitrators, to be appointed in the following
ARTICLE II. The Arbitrators shall meet at Geneva, in Switzerland, at the earliest convenient day after they shall have been named, and shall proceed impartially and carefully to examine and decide all questions that shall be laid before them on the part of the Governments of Her Britannic Majesty and the United States respectively. All questions considered by the Tribunal, including the final award, shall be decided by a tuajority of all the Arbitrators.
ARTICLE VI. In deciding the matters submitted to the Arbitrators they shall be governed by the following three rules, which are agreed upon by the Contracting Parties as rules to be taken as applicable to the case, and by such principles of international law not inconsistent therewith as the Arbitrators shall determine to have been applicable to the case :
A neutral Government is bound
First. To use due diligence to prevent the fitting out, arming, or equipping, within i's jurisdiction, of any vessel which it has reasonable grounds to believe is intended 10 cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to