fitted out in London as a privateer.. her career what was done at Halifax as to reasons why Great Britain liable for acts of.. memorandum on neutrality laws says privateering was suppressed by reason of the course TERCEIRA, (see Saldanha's expedition :) Alabama arrives there..... TRANSSHIPMENT OF CONTRABAND OF WAR: the permission in colonial ports a failure to perform the TREATY OF WASHINGTON: expresses regret at escape of the cruisers terms of submission of claims of the United States time for delivery of counter cases and evidence when originals must be produced.... duties of agents of each government. counsel may be heard.. rules applicable to the case, (see Neutrals). award, when and how made.. board of assessors, how constituted and duties of.. neutrality law of 1794 • what is due diligence.. recognizes obligation to make compensation for injuries.... principal member of firm of Fraser, Trenholm & Co., and TRENT. (See Great Britain.) TRINIDAD: 270 270 272 272 273 274 100 101 129 129 129 130 130 132 24 78 145 163 163 163 164 47 57 151 93 93 12 13 13 14 14, 63 14 64-67 71 91 247, 320 101, 129 110 110 110 111 111 111 TWENTY-FOUR HOURS' RULE: contained in admiralty and colonial instructions... relations with Great Britain before 1860 friendly. number of States and Territories in 1860. secession of South Carolina and other States. neutrality law of 1818 note. had no municipal law in 1793 to aid in performance of inter- treatment of, at Bermuda.......... course during President Washington's administration. WASHINGTON, PRESIDENT: construction thereof by commissioners.. enact neutrality laws at request of Great Britain principles recognized by that correspondence seizure of Spanish gun-boats in 1869. VESSELS OF WAR, (see Commission; Contraband; Neutrals :) inquiries as to... WACHUSETT: his course toward Mr. Genet made insurgent agent at Bermuda.. is supplied with coal by Fraser, Trenholm & Co WESTBURY, LORD: ........note ... his course suppressed privateering. WILKES, ADMIRAL : .... determines to restore prizes captured by privateers fitted out correspondence with governor of Bermuda..... appointed Lord High Chancellor, June, 1861. says United States may use Queen's proclamation to prove animus says ship should not be built in neutral port by belligerent UNDER ARTICLE 1 OF THE TREATY CONCLUDED AT WASHINGTON ON GENERAL CONTENTS. 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 egards 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: 1. A statement of the matter referred to the arbitrators, as it is understood by Her Britannic Majesty's government, Part I, pages.... 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 Great Britain and the other maritime powers in relation to the war, and particularly as to the reception of belligerent vessels of war into their ports and waters, Part II, pages.. III. A further introductory statement on international rights and duties; on the powers which were possessed by Her Britannic Majesty's government of preventing unlawful equipments; and setting forth the manner and circumstances in and under which these powers were exercised during the war, Part III, pages.. IV. Considerations proper to be kept in view by the arbitrators in entering on the V. Statement of facts relative to the Florida, Part V, pages. IX. Recapitulation of the material facts stated in the preceding parts, Part IX, 163-165 407-410 166-168 411-413 pages. X. Remarks in conclusion, Part X, pages.. THR 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, Georgiana, Phantom Southerner, Alexandra, and other vessels respecting which representations were made by the Government of the United States to that of Her Britannic 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 effect of the British laws for the enforcement of neutrality. (See vol. 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.) PART I. STATEMENT OF THE MATTER REFERRED TO THE ARBITRATORS, AS IT IS UNDERSTOOD 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 PART L-Introducand 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 have arisen 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 felt by Her Majesty's Government for the escape, under whatever circumstances, the Alabama and other vessels from British ports, and for the depredations committed by those 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 manner: 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 majority of all the Arbitrators. 事 * RULES. * 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 High 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 to 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 |