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Amicable settlement. (See Treaty of Washington.)
Animus:

unfriendly, of Great Britain toward the United States established..
its relevancy to the issues before the Tribunal
Lord Westbury's views concerning.
Mr. Bernard Montague's views concerning.

.34
Earl Russell's views concerning

statements in the British Case regarding.
Arbitration, (see Tribunal of Arbitration :)
scope of, (see Indirect Claims :).

1-, 159, 187,201,20
refused by Lord Russell..

191
treaties, the place of war

210.21
Archer, the:

a tender of the Florida..
Argument of the United States.

prepared by the official counsel of the United States
Argument of Great Britain.

its nature...
Armed vessels :
the dispatch of, from neutral ports illegal

*), 471
their armament from neutral ports defended by Great Britain.
Aris:

purchase of, not forbidden by international law, (note)...
Isylum:

doctrine of, considered loy Mr. Evarts...
Award :
character and effect of..

17,16
Azuni:

definition of neutrality..

31:

B.
Bad faith :

in a Government necessary to be proved in order to sustain a charge of

injurious negligence....
Bahama, the :

takes the armament to the Alabama ....
Bayley, Governor:

unfriendly action at Nassau regarding the Florida in 1862..
Base of naval operations:

defined by Sir R. Palmer..
defined by Mr. Evarts...

Mr. Waite's views regarding it..
Belgium:

laws for enforcing neutrality of.......
Belligerent:

not recognized politically; the vessel of, does not enjoy privilege of ex-

territoriality.
in case of violation of neutrality by, the remedy is against the vessel

British view as to these points....
Belligerent power :

exercised by United States of right in suppressing insurrection ...,

non-acquiescence in such exercise by another power is intervention....
Belligerent rights :

in case of rebel hostilities belong to the sovereign of right, to the rebel by

sufferance.

conferring them on the rebels by Great Britain was intervention.
Bernard, Mr. Montague, (see Animus :)

his views on the Treaty of Washington.....

his views regarding the language of treaties.
Blockade-running;

carried on under British flag with toleration of British Government ......
Brazil:

laws for enforcing neutrality of......
doctrine regarding supplies of coal.

doctrine respecting hospitalities...
Bruce, Sir Frederick:
thanks the United States in the name of Her Bretanic Majesty for their

course toward the Fenians....

211

Page.

112

Bullock, J. D.:

insurgent agent, his contracts for vessels in England....
Burden of proof:

after proof of bostile acts on neutral territory, burden on the neutral to

show due diligence to prevent..
thrown upon claimants by the Commission under Jay's Treaty, (1794).
attempt of the C'nited States to shift in this controversy
Mr. Waite's views concerning....

134
415
423
513

187

C.
Cairns, Lord :
his views as to the duty of seizing suspected vessels..

26
thinks the indirect claims are in the Treaty....

203
('alvo:
reference to, concerning nentrality, (note).....

50
his views regarding the powers of arbitration..

210
(anada :

case of, cited.......
(anning, Jr.:

his views regarding the performance by the l'uited States of their duties as
neutrals..

40
Cases :

of the two Governments delivereil December 15, 1871...
admissions of the British regarding relevancy of animus.

55
Chickamauga, the:
facts concerning.

145
Chinese fleet :
its construction by anthority of the British Government.

103
Claims:
for arbitration as described in the Treaty.

. 14, 16, 18, 200
statement of.......
Clarence, the :
a tender of the Florida ......

79
Clarendon, Lord:
his views as to the indirect claims...

193
('oal, supplies of:
doctrine of Brazil regarding......

99
to the Shenandoah at Melbourne excessive..

130
Sir R. Palmer's views regarding.

433
Mr. Waite's argument regarding.

513
Cobden, Mr. :
bis views regarding the course of Her Majesty's Government..

93,217
Cockburn, Sir Alexander:
his opinion regarding the Georgia in 1864......

108
Commissions :
effect of on offending cruisers..

176, 296
Sir R. Palmer's views regarding.

427
Mr. Evarts's views regarding.

448
rules of international law respecting..

451
Confederate agencies :
their establishment in Great Britain defended and justified..

290
Constitutional disabilities, (see International Law :)
no answer to a charge of violation of an international duty..

23
examination of the alleged constitutional disability of Great Britain..

24
('ontraband of war, (see Sale :)
systematically covered by British flag..

113, 142
a vessel specially adapted for war is regarded, in international law.

266
limitations of right to deal in, according to Mr. Evarts.

460, 465
Counter Case:
of the two Governments delivered April 15, 1872, with proofs.....

5
Crimean War:
indefensible conrse of Great Britain during ....

46, 48
Cuba, (See Spain:)
Cushing, Mr. :
his argument in reply to Sir Roundell Palmer.

486
his observations on the recruitments for the Shenandoal

5:34

D.

Pige
Damages, (see Injuries.). Interest, Indirect claims :
rules for measuring...

212
animus of the wrong-doer an element of, in tort.

212
should be an indemnity,

215
application of the rules concerning.

215
Mr. Cobden's views regarding.

217
Lord Stanley's views regarding.

217
Mr. Forster's views regarding.

217
Lord Russell's views regarding..

217
a sum in gross should be awarded for...

*120
remoteness or nearness of, to be determined by Tribunal.
note regarding the assessment of...
the principle of compensation for, as maintained by Great Britain..

304
report of the committee appointed by board of trade regarding..

313
Denmark:

laws for enforcing neutrality of........
Deposit of the offense :
by the Florida at Mobile; argument as to.......

541,346
Diligence. (See Due Diligence.)
Due Diligence. (See Burden of Proof, Great Britain :)

contention of United States regarding British want of..
not exercised to prevent fitting ont, equipping, or arming in its jurisdiction
of vessels intended to carry on war against the United States..

17
nor to prevent its ports from being used as bases of naval operations.

17
the phrase is a definite and practical one..

154
"diligence" implies zeal, application, effort, &c...

155
“ duo” implies reasonableness, appropriateness, and adequateness.

133
objections to the British definition...

15)
definition of diligence by British and American courts.

150, 157
limit of the obligations created by this requirement of the Treaty

137
no evidence of the exercise of, submitted by Great Britain....
British definition of..

267, 268
sources of the obligations to observe, according to Sir Roundell Palmer
rules and principles of international law regarding (Palmer).....
the United States observance of in practice...

410
Mr. Evarts' views regarding......

43,460
Mr. Cushing's views regarding..
Sir R. Palmer's views in the case of Laird's rams...

191
Duguid, Captain :

evidence regarding the Florida....

113

E.
Evarts, Mr.:

his argument in reply to Sir Roundell Palmer.
Evidence, (see Burden of Proof :)

of breach of law to be sought from those who give information....
the United States have invariably required legal, before commencing pro- 415

ceedings..

the belief of Consuls does not constitute prima-facie.
Executive power:

includes the power of preventing violations of law
peculiar advantages of Great Britain for the exercise of such power......

131
Exterritoriality :

132
of a vessel of war, the privilege is political and discretionary

152
it is accorded only to vessels of recognized political powers..

1:53, 4.35
the British view regarding ::

293, 297
Sir R. Palmer's view regarding.
extent of the right of, (Evarts).

431

F.

45

Fenians:

course of the United States towards justified....
Fish, Mr.:

his instructions to Mr. Motley of May 15, 1869, and of September 25, 1869.
Fiore :

concerning neutrality

Page.
Florida, the:
at Liverpool, information by Mr. Adams concerning.

57,59
action by Her Majesty's Government....

57, 60
internal proof that she was specially adapted for war..

58
report to be intended for the Italian Government..

60
the report ascertained to be without foundation.

61
her registry..

61
her clearance

62
want of due diligence in not inquiring concerning.

63, 64
want of due diligence in not using the powers given by the merchants' ship-
ping act

64
arrival at Nassau..

66
the executive proceedings there a failure of the due diligence required by
the Treaty.

66
the seizure of the Florida and subsequent judicial proceedings

73,75
trial and release, partial and unjust character of the proceedings

75
departure from Nassau.

75
arming at Green Cay.

76
attempts to elude Spanish laws and fails, and then arrives at Mobile..

76
coals, provisions, and receives recruitments from Nassau, January, 1863..

77
receives fresh supplies of coal and repairs at Barbados, February, 1863... 77
at Pernambuco..
repairs and coals at Bermuda, July 15, 1863.
at Brest, receives recruits and machinery from Liverpool...

78
at Martinique at Bahia ...

78
her tenders, Great Britain liable for their acts.

79
reasons why Great Britain is not responsible for the acts of, as set forth in
the British Argument...

273
her armament no negligence on the part of Great Britain :

287
Sir R. Palmer's argument concerning her entry into Mobile...

541
reply of the counsel of the United States to Sir R. Palmer's argument... 446
Foreign-Enlistment Act, (see Great Britain.)

if adopted as the measure of duties, Great Britain still guilty of culpable
negligence

19, 172
not the measure of international obligations

19
if defective it should have been amended..

19
its defects were glaring...

28
Sir Robert Phillimore's opinion of it.

28
Baron Channell's opinion of it...

28
comparison between it and the United States neutrality law of 1818....28, 167, 270
history of.....

31
was inefficient and its efficiency diminished by judicial construction.
note regarding....

226
debate upon the act of 1819..

231, 234
debate upon the act of 1870.

236
correspondence relating to amendment of

242, 309
consideration of, in the British Argument.

269
its efficiency maintained by Great Britain

273
Forster, Mr.:
his views regarding injuries to United States....

217
France :

Laws for enforcing neutrality of
Course of Great Britain toward, during the American Revolution...

49
Fraser, Trenholm, & Co. :
the financial agents of the insurgents.

111
Fraser, John, the :
coal supplied from, to the Shenandoah at Melbourne

131

G.
Georgia, the :
notoriety of her construction and destination..

104
registry, clearance and departure.....

107
armament from the Alar.....

108
information by Mr. Adams concerning.

108
inefficient action of Her Majesty's Government regarding.

109
receives coals, supplies, and repairs at Simon's Bay, and goes to Cherbourg 109
is sold at Liverpool..

110
reasons why Great Britain is not responsible for the acts of, as set forth in
the British Argument..

281
her armament defended by Great Britain

285

166

32, 34

lige.

10

21

(overnment, form of:

its influence upon the obligation to observe due diligence; (Palmer,)..
of Great Britain considered by Mr. Cushing..

49.3
Grant, President:
his Message as to the Alabama claims....

19
Granville, Lord :
views as to Jolusou Clarendon Convention.

10
views as to the Treaty of Washington ....

20:1,202
Great Britain, (sce Animus, Due Diligence, Executive_Power, Foreign-Enlistment
let, Insurgent Agent, Municipal Laws, Prerogative, Unfriendliness :)

relation of her people to rebels cbanged by Queen's Proclamation.
systematic aid furnished from, to the insurgents....

11.3.)
which is the cause of great injury to the United States.

12
the aid from was organized and official ...

13,5.)
the only power which permitted such acts

13
contention in its Case and Counter Case...

19
responsibility for the acts of British subjects
failure to use the prerogative power of the Crown.

.27, 163, 163
averse to legislating on the subject of neutral duties.

30, 32
her laws compared with those of other powers .

33,3-
hier history as a neutral compared with that of the United States.. .32, 40, 17:3
her course as a belligerent towards neutrals.....
invites a joint action with France in American affairs before insurrection

broke out...
determines to recognize insurgents as belligerents before insurrection

broke out....
other unfriendly proceedings,
which established an unfriendly feeling toward the United States..
its Government possessed enough power to carry out any course of action
it might adopt...

119
the prerogative of the Crown ample for the purpose.

149
numerous examples of its exerciso during the rebellion
advantages enjoyed by it for the exercise of executive power

132
omnipotence of parliament

132
her duty under the law of nations to have seized the insurgent cruizers..
failure to use due diligence to obtain information of the insurgent schemes. 139
to instruct to maintain vigilance

160
regarding prosecuting officers
to break up the hostile system....

160
by relying on the Foreign-Enlistment Act

172
buy neglecting to amend that act

173
in not detaining offenders, when returning to British ports

173
in not excluding offending cruisers from British ports..

176
in delaying to make representations to insurgent agents...
her course regarding Mr. Adams's representations defended.
her diligence not affected by the doubtful construction of the Foreign-En-
listment Act, (Palmer)

101
took active and spontaneous measures to acquire information &e. (Pal.
mer)

413
Green Cay:

arriving of the Florida at
Gross sum. (See Damages.)

H.
Harding, Sir John:
illness of...

91
Hatteras, the:

destroyed by the Alabama
Hickley, Commander:

inquires the condition of the Florida when leaving Liverpool.....

his opinion concerning her at Nassau .....
IIolland :

laws for enforcing neutrality of ...,

course of Great Britain toward during the American Revolution....
IIospitalities :

alleged excessive to insurgents in British ports explained and justified by

Great Britain
Llostile acts:

acts done in violation of neutrality are, (Evarts)....
lillner:

definition of nentrality.

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