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RELATING TO

THE TREATY OF WASHINGTON.

VOLUME III.- GENEVA ARBITRATION.

CONTAINING THE ARGUMENT OF THE UNITED STATES; ARGUMENT OF HIER
BRITANNIC MAJESTY'S GOVERNMENT; AND SUPPLEMENTARY

STATEMENTS OR ARGUMENTS MADE BY THE

RESPECTIVE AGENTS OR COUNSEL.

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TABLE OF CONTENTS.

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II. THE CONTROVERSY SUBMITTED TO ARBITRATION :

The Arbitrators already acquainted with the general nature of tlie facts..

In suppressing an armed insurrection the United States exercisei bellig-

ereut powers, and prevented insurgents from carrying on maritime

war from their own resources

The right to do this unquestioned; other nations no parties to the con-

flict
Abstinence of intervention by another Power is not neutrality
It is a maintenance of previously existing relations
Other Powers have to decide in such case ouly whether they acquiesce

in the exercise of belligerent powers by the Sovereign..
Non-acquiescence is intervention.
Questions arising beyond territorial limits of the Sovereign should be de-

cided as they arise..
Such course secures impartiality and, when justified by results, an

equality between contending parties which resembles what is known
as neutrality when exercised between rightful belligerents
This principle recognized by United States Supreme Court
Previous instances in point
Belligerent powers belong to the Sovereign of right; to the rebel of suf-

ferance

Conferring belligerent rights on insurgents by Great Britain was an in-

tervention

The Queen's proclamation

was voluntary and anticipatory

was not called for by the relations between the Governments.

had no justification...

and changed the legal relations between Great Britain and the in-

surgents..
Its effect upon the act of carrying on war on the high seas
Its effect upon commercial contracts...
It was followed by systematic contributions in aid of the insurgents

The United States suttered great injuries ...

Which resulted from aid and assistance originating in British jurisdic-

tion ...

This aid was organized, systematic, and official

Nature of the in ies intlicted on the United States

No nation but Great Britain instrumental in intlicting them.

They form the subject of this arbitration...

Provisions of the Treaty of Washington respecting the arbitration.

Description of the claims .

The Rules of the Treaty

The provisions of Article VII

Effect of an award....

The measure of indemnity claimed

The claims preferred are national.

The authority of the Tribunal absolute for their determination

Its award will be final....

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