says privateering was suppressed by reason of the course 131 78 57 TERCEIRA, (see Saldanha's expedition :) Alabama arrives there.... 378 151 TRANSSHIPMENT OF CONTRABAND OF WAR: the permission in colonial ports a failure to perform the 12 the first clause in the first rule to be found in United States fitting out, arming, or equipping, each an offense. reasons for words "specially adapted," &c.. 159 continuing force of second clause of first rule. 163 limitation and explanation of second rule.. 167 recognizes obligation to make compensation for injuries........... 169 13 14 14 69 71 TREATY OF 1794. (See United States.) TRENHOLM, GEORGE A.: principal member of firm of Fraser, Trenholm & Co., and 220 91 TRENT. (See Great Britain.) TRINIDAD: The Sumter at. TUSCALOOSA, OR CONRAD: a prize captured by the Alabama.. claims to be received at Cape Town as a tender.. is seized, then released, and recived as man-of-war. TWENTY-FOUR HOURS' RULE: contained in admiralty and colonial instructions.. number of States and Territories in 1860. election of Mr. Lincoln as President. secession of South Carolina and other States. cause of secession neutrality law of 1818 had no municipal law in 1793 to aid in performance of inter- national duties.. course during President Washington's administration. ...... note. ...... 158 160 999 96 19 20 21 21 21 92 treaty of 1794.. construction thereof by commissioners.. enact neutrality laws at request of Great Britain correspondence with Portugal..... principles recognized by that correspondence what they regard as due diligence. seizure of Spanish gun-boats in 1869. VESSELS OF WAR, (see Commission; Contraband; Neutrals :) of belligerents, sale of, in neutral ports... treatment of, at Bermuda... WALKER, NORMAN S.: made insurgent agent at Bermuda.. is supplied with coal by Fraser, Trenholm & Co WASHINGTON, PRESIDENT: his course toward Mr. Genet determines to restore prizes captured by privateers fitted out in United States... his course suppressed privateering.. says United States may use Queen's proclamation to prove says ship should not be built in neutral port by belligerent 185 78 WILKES, ADMIRAL : correspondence with governor of Bermuda.... 355 142 CASE PRESENTED ON THE PART OF THE !! GOVERNMENT OF HER BRITANNIC MAJESTY TO THE TRIBUNAL OF ARBITRATION, CONSTITUTED UNDER ARTICLE 1 OF THE TREATY CONCLUDED AT WASHINGTON ON THE 8TH MAY, 1871, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA. 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 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: 1. A statement of the matter referred to the arbitrators, as it is understood by III. A further introductory statement on international rights and duties; on the 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, VI, VII, and VIII, Part IV, pages. V. Statement of facts relative to the Florida, Part V, pages.. VI. Statement of facts relative to the Alabama, Part VI, pages. VII. Statement of facts relative to the Georgia, Part VII, pages. VIII. Statement of facts relative to the Shenandoah, Part VIII, pages. IX. Recapitulation of the material facts stated in the preceding parts, Part IX, 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. PART L-Introduc 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 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, of 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. 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: RULES. 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 |