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18, 159, 185, 201, 250

191

210.21-

79

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.
Earl Russell's views concerning
statements in the British Case regarding.
Arbitration, (see Tribunal of Arbitration :)
scope of, (see Indirect Claims:).
refused by Lord Russell..
treaties, the place of war

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

their armament from neutral ports defended by Great Britam..

Arins:

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

Asylum:

doctrine of, considered by Mr. Evarts..

Award:

character and effect of.

Azuni:

definition of neutrality.

B.

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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..........

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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 regarding the language of treaties..

Blockade-running:

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

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thanks the United States in the name of Her Bretanic Majesty for their
course toward the Fenians...

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 United States to shift in this controversy.

Mr. Waite's views concerning..

C.

Page.

112

154

415

423

513

Cairns, Lord:

his views as to the duty of seizing suspected vessels......
thinks the indirect claims are in the Treaty.

Calvo:

reference to, concerning neutrality, (note)...........
his views regarding the powers of arbitration.
Canada:

case of, cited....

Canning, Mr.:

his views regarding the performance by the United States of their duties as
neutrals..

Cases:

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

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his views regarding the course of Her Majesty's Government.....
Cockburn, Sir Alexander:

his opinion regarding the Georgia in 1864.....

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their establishment in Great Britain defended and justified.......

Constitutional disabilities, (see International Law :)

26

203

50

210

220

40

5

55

145

105

.14, 16, 18, 200

187

79

195

99

130

433

513

93, 217

108

176,296

427

448

451

290

23

24

113, 142

266
460, 465

5

46,48

no answer to a charge of violation of an international duty.....
examination of the alleged constitutional disability of Great Britain...
Contraband of war, (see Sale :)

systematically covered by British flag....

a vessel specially adapted for war is regarded, in international law.
limitations of right to deal in, according to Mr. Evarts.

Counter Case:

of the two Governments delivered April 15, 1872, with proofs..

Crimean War:

indefensible course of Great Britain during.

Cuba, (See Spain:)

Cushing, Mr.:

his argument in reply to Sir Roundell Palmer..

his observations on the recruitments for the Shenandoah..

486

534

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Mr. Cobden's views regarding...

217

Lord Stanley's views regarding.

Mr. Forster's views regarding.

Lord Russell's views regarding.

a sum in gross should be awarded for.

remoteness or nearness of, to be determined by Tribunal.

217

217

217

920

note regarding the assessment of...

248

the principle of compensation for, as maintained by Great Britain.
report of the committee appointed by board of trade regarding.

304

315

Denmark:

laws for enforcing neutrality of....

Deposit of the offense:

by the Florida at Mobile; argument as to.....

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 out, equipping, or arming in its jurisdiction
of vessels intended to carry on war against the United States..

nor to prevent its ports from being used as bases of naval operations..
the phrase is a definite and practical one...

66

46

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

due"

objections to the British definition...

37

541.546

17

17

17

154

155

implies reasonableness, appropriateness, and adequateness.

155

155

definition of diligence by British and American courts.

156, 157

limit of the obligations created by this requirement of the Treaty.
no evidence of the exercise of, submitted by Great Britain.......
British definition of..

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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..

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

415

415

includes the power of preventing violations of law.

peculiar advantages of Great Britain for the exercise of such power..
Exterritoriality:

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

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

the British view regarding..

Sir R. Palmer's view regarding.

extent of the right of, (Evarts).

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151

132

152

153,455

29.5, 297

427

451

Fenians:

F.

course of the United States towards justified...

Fish, Mr.:

45

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

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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

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arrival at Nassau.....

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

the seizure of the Florida and subsequent judicial proceedings
trial and release, partial and unjust character of the proceedings.
departure from Nassau.

arming at Green Cay.

attempts to elude Spanish laws and fails, and then arrives at Mobile.
coals, provisions, and receives recruitments from Nassau, January, 1863..
receives fresh supplies of coal and repairs at Barbados, February, 1863.......
at Pernambuco..

repairs and coals at Bermuda, July 15, 1863.

at Brest, receives recruits and machinery from Liverpool.

at Martinique at Bahia....

her tenders, Great Britain liable for their acts.

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

her armament no negligence on the part of Great Britain:
Sir R. Palmer's argument concerning her entry into Mobile..

reply of the counsel of the United States to Sir R. Palmer's argument........

Foreign-Enlistment Act, (see Great Britain.)

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

not the measure of international obligations

if defective it should have been amended..

its defects were glaring....

Sir Robert Phillimore's opinion of it.

Baron Channell's opinion of it...

73,75

75

76

76

77

77

77

77

78

78

79

273

287

541

446

19, 172

19

19

28

28

28

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

was inefficient and its efficiency diminished by judicial construction..

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Course of Great Britain toward, during the American Revolution....

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

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

her armament defended by Great Britain

31

166

226

231, 234

236

242, 309

269

273

217

32, 34

49

111

131

104

107

108

108

109

109

110

281

285

Page

394

495

196

193

203, 201

10
11.55

12

13,55

13

19

21

27, 163, 165

30,32
33,3-

.3. 40. 173

45

Government, form of:

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

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views as to Johnson Clarendon Convention..
views as to the Treaty of Washington..

Great Britain, (sce Animus, Due Diligence, Executive Power, Foreign-Enlistment
Act, Insurgent Agent, Municipal Laws, Prerogative, Unfriendliness :)
relation of her people to rebels changed by Queen's Proclamation.
systematic aid furnished from, to the insurgents..

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

the aid from was organized and official

the only power which permitted such acts

contention in its Case and Counter Case...

responsibility for the acts of British subjects

failure to use the prerogative power of the Crown.

averse to legislating on the subject of neutral duties.

her laws compared with those of other powers

her history as a neutral compared with that of the United States.

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....

the prerogative of the Crown ample for the purpose..

numerous examples of its exercise during the rebellion.
advantages enjoyed by it for the exercise of executive power.
omnipotence of parliament

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.

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to break up the hostile system...

by relying on the Foreign-Enlistment Act

by neglecting to amend that act

in not detaining offenders, when returning to British ports

in not excluding offending cruisers from British ports.

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)

took active and spontaneous measures to acquire information &c. (Pal-
mer)

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Hickley, Commander:

inquires the condition of the Florida when leaving Liverpool.
his opinion concerning her at Nassau.....

Holland:

laws for enforcing neutrality of

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

Hospitalities:

alleged excessive to insurgents in British ports explained and justified by
Great Britain ....

Hostile acts:

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

Hübner:

definition of nentrality....

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