JUN 22 1ood

LIBRARY

J. C. BANCROFT DAVIS, ESQ.,

Agent of the United States.

SIR,

We have the honor to hand you herewith the Argument prepared by us as Counsel of the United States, in order that, in pursuance of Article V. of the Treaty of Washington, it may be presented in their behalf to the Tribunal of Arbitration constituted by that Treaty.

We have the honor, Sir,

To be your obedient servants,

C. CUSHING.

WM. M. EVARTS.

M. R. WAITE.

I.

II.

III.

TABLE OF CONTENTS.

INTRODUCTION..

THE CONTROVERSY SUBMITTED TO ARBITRATION.....

GENERAL DISCUSSION OF QUESTIONS OF LAW....

MISCELLANEOUS CONSIDERATIONS.

IV.

51

V. STATEMENT OF THE PRINCIPAL FACTS PERTINENT TO

THE ENQUIRY, BOTH OF A GENERAL NATURE, AND

APPLICABLE TO EACH PARTICULAR CRUISER.....

103

XI.

CONSIDERATION OF THE DUTIES OF GREAT BRITAIN,

AS ESTABLISHED AND RECOGNISED BY THE TREATY,

IN REGARD TO THE OFFENDING VESSELS, AND ITS

FAILURE TO FULFIL THEM, AS TO EACH OF SAID

VESSELS..

315

Propositions of Law.

Measure of International Duty..

The Means of fulfilling International Duty

possessed by Great Britain.....

The Duty of Great Britain in the Treatment

of the Offending Vessels after their first

illegal outfit and escape from British

Ports....

PAGE

316

322

331

XII. THE FAILURE OF GREAT BRITAIN TO FULFIL ITS

DUTIES, AS ESTABLISHED AND RECOGNIZED BY

THE TREATY, CONSIDERED UPON THE FACTS... 343

XIII. NATURE AND AMOUNT OF DAMAGES CLAIMED BY

THE UNITED STATES.....

I. Prefatory Considerations.

II. Question of Jurisdiction...

III. Measure of Damages....

APPENDIX.

NOTE A.-Observations on certain special Criticisms in

the British Counter-Case, on the Case of the United

States....

407

407

411

467

497

NOTE B.-Extracts from various Debates in the Parlia-

ment of Great Britain, referred to in the foregoing

Argument....

507

NOTE C.-Memorandum of Correspondence and Docu-

ments relative to the Amendment of the English

Foreign Enlistment Act, 1861-71......

531

NOTE D. Consideration of the Claims arising in the

Destruction of Vessels and Property by the several

Cruisers....

544