Paye.

189

......

...

..

....

......

D

IVL

C

I

O

.

.

.

.

.

.

.

Indirect claims, (see Treaty of Washington, Lord Cairns :)
the term not found in the Treaty..........

188
equivalent to national claims ....

188
discussed in the negotiations preceding the Treaty .......
the Johnson-Clarendon Convention fails because they are not included
in it................

195
not waived by the Joint High Commissioners ...

199
set forth in the American ('ase in the language of the Joint High Commis-
sioners.........

203
explanation of misunderstanding regarding......

209
consideration for estimating damages for .....

221
an adjudication upon, essential to a complete settlement ........

214
Injuries, (see United States :)

the relation between, and their cause, which is requisite to found a claim

for damages for...
Insurgents :

prevented by United States from carrying on maritime war from their

own resources.
make Frazer, Trenholm & Co. their financial agents .....

111
authorize the purchase or construction of a navy abroail ................ 111
Insurgent agend, (seo Bullock :)

established in Great Britain before the outbreak of the insurrection...... 111
interviews with Lord John Russell, and their representations to him..... 111, 112
appointments of Bullock, Huse, North, Anderson, and Green ............

111
proceedings of, in England for the formation of an insurgent navy........ 112, 115
International law, (see Municipal Lan, Neutrality, Neutrals, Treaty of Washi-

ington :)
the obligations, of not affected by the constitutional distribution of the
powers of a Government ......

147
por by the institutions, customs, or habits of a people ........

147
calls for seasonable, appropriate, and adequate means to prevent violation

of neutrality .....
which means should be available as soon as required .........

118
principles in force when the facts occurred..........

265
Intervention, (see Belligerent Rights :)

what constitutes it ........

abstinence from it not neutrality ..................
Interest:
should be included in compensation for damages..

220
Sir Roundell Palmer's argument regarding .....

550
Counsel of the United States, argunient of, in reply..

56
Iron-clads, the:
proceedings concerning .................

113
Italy:
laws for enforcing neutrality of ..............

J.
Jay's Treaty, (see Burden of Proof :)
interest allowed in proceedings under ...

220
Jefferson, Mr.:
his letter of September 5, 1793,.

415
Johnson-Clarendon Convention :
negotiation of........

193
not acceptable to the United States..........
Great Britain so informed ...........

194
Joint High Commissioners :
appointment of, by the President.......

K.
Kliber:

definition of neutrality ........

Laird, Jolu, . P.:

entitled to no credit as a witness, (note).........
Laurel, the, (seo Shenandoah :)

sails from Liverpool with officers, armament, and crew, for Shenandoah..

transfers the same to the Shenandoah ,........
Law of nations, (see International Law.)

Page

.........

118
119

N.
McKillop, Commander:

opinion regarding the Florida...............
Marshall, C. J.:

his judgment in Rose is. Himely.........
Melbourne :

partiality of population of, toward insurgents.............

recruitment of men for the Shenandoah ......
Merchants' Shipping Act, the:

failure to use its powers in the case of the Florida ....
Miranda expedition :
history of it.....................

........... .....
Municipal law, (see Internati

not the measure of international obligations...........
of Great Britain considered in the British Argument.......
for what purposes referred to by Great Britain, (Palmer) .....
of other powers, the comparison with, considered by Sir R. Palmer ...

tiona

T10

Nashville, the :

arrives at Bermuda and coals there.....
arrives at Southampton....

coals again at Bermuda......
Nassau :

sympathy of the colony with the insurgents ..

note concerning the same ........
Negligence. (See Due Diligence, Great Britain.)
Neutral, (see Intervention, International Law, Belligerent:)

duty of, in case of rebel hostilities .........
duty to prevent dispatch of armament and ships of war, (Phillimore)....
becomes responsible for acts of its subjects by knowledge or sufferance or

by direct permission.....
Neutrality, (see Belligerent :)

abstinence from intervention is not ............
state of, how reached in case of rebel hostilities..
definition of it by Phillimore ........
definition of it by the Counsel of the United States ....
should be maintained by seasonable, appropriate, and adequate means...
unfriendliness of Great Britain should have been considered in providing

such means ......
other elements which Great Britain should have considered in providing

its means ........
Neutrality laws, (see Municipal Law :)

of the United States compared with the Foreign-Enlistment Act.........
amended at request of Great Britain.
of Italy, Brazil, Switzerland, France, Spain, Portugal, &C., &c., com-
pared............

-.37, 3-, 304
This comparison criticised by Sir R. Palmer....

the preventive powers in the United States law examined, (Palmer)..... 405, 420
Northcote, Sir Stafford :
his views on the Treaty of Washington....

- 202.904

Orders in council :
an intense assertion of neutral obligations ....

P.
Palmer, Sir Roundell:
his speech on the powers of the British Government to seize suspected

vessels............
his views regarding the United States performance of their duties as neu-

trals .......... :
his views respecting the prerogative of the Crown....
his argument on due diligence, effect of commissions, and supplies of

coal
his argument concerning recruitments for the Shenandoah ....
his argument respecting the entrance of the Florida into Mobile...

his argument respecting the allowance of interest .......
Parliament :

........

163, 165

Phillimore, Sir R.:

his authority cited .......
Portugal:

law for enforcing neutrality of ....

war with the Banda Oriental, course of the United States during ........
Pradier, Fodéré:

his views regarding the powers of arbitrators.......

his views regarding claims for consequential damages.......
Prerogative, (see Great Britain :)

numerous examples of its exercise during the insurrection .......
Great Britain failed to use it in favor of the United States...
examination of the United States Argument upon, by Sir R. Palmer

Mr. Evart's remarks upon .....
Prevention :

distinction between it and punishment ........
the power of, inseparable from the idea of executive power...

Sir Roundell Palmer's views as to ......
Prizes:

The exclusion of from British ports no benefit to the United States .......
Proclamation, (the Queen's, conferring belligerent rights :)

was voluntary and anticipatory.......

changed legal relations between Great Britain and the insurger
Prussia :

laws for enforcing neutrality of ......
Pursuit of cruisers :
note on the claim for ............

....

.....

181

330

R.

“Reasonable ground to believe :"

British definition of .......
Sir R. Palmer's views regarding ...
Mr. Evarts's views regarding .....

....
Rebel hostilities :

questions regarding should be decided by other Powers as they arise
Recruitments, (see Shenandoah :)

alleged illegal considered and defended by Great Britain ..
Retribution, the:

history of the vessel........
the capture of the Hanover......
the capture of the Emily Fisher ..

arrives at Nassau and is sold there ..
Ripon, Lord :

his views on the treaty of Washington .......
Rules. (See Treaty of Washington.)
Russell, Earl, (see Animus :)

thinks the Alabama and the Oreto a scandal and reproach.......
is informed by the insurgent agent of the purpose of the insurgents to de-

stroy the commerce of the United States........
denies British liability for the Alabama claims....
refuses arbitration .....
the author of the term Alabama claims.....

his views regarding damages....
Russia:

laws for enforcing the neutrality of .....
Russian ships, the:

considered by Mr. Cushing.

Sale :

of arms and contraband of war...............
Sea King, the.. (See Shenandoah.)
Seward, Mr. :

instructions regarding the indirect claims ........
Shenandoah, the ...

purchase of the Sea King.........
enlistment of part of the crew ....
departure from London.......
is armed and manned from the Laurel
information regarding, communicated to Earl Russell ....
she arrives at Melbourne........
permission granted to coal and make repairs........

U

U

.

.

.

.

.

.

.

115
115
115
116
117
117

118

Shenandoah, the continued :

the American Consul protests against it.......
permission granted to go to the public docks....
partiality of people of Melbourne toward the insurgents ..
large recruitments of men for, at Melbourne ...
the Colonial authorities informed of contemplated recruitments
their inefficient proceedings ........
further proof of recruitments furnished the authorities.....
the authorities parley with the commander in place of acting
further information of contemplated recruitments..
refusal of the Colonial authorities to act........
departure from Melbourne .........
excessive repairs at Melbourne...
excessive supplies of coal from the John Frazer at Melbourne..
arrives 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 ......
Sir Roundell Palmer's argument regarding recruitments for....

Mr. Cushing's observations on Sir R. Palmer's argument..........
Slips of war, (soe Vessels, Armed Vessels, Erterritoriality :)

their privileges in neutral ports, (Sir R. Palmer) ...............
no rule regarding their exclusion, (Palmer).......
no distinction between those of a recognized nation and those of insurgents

recognized as belligerents, (Palmer)........
Sovereignty:

elements of, as to war or peace
Spain:

laws for enforcing neutrality of ...............................
treaty between the United States and, of 1819...

course of United States toward, regarding Cuba, justitied .......
Spanish American Colonies:

course of the United States during their war of independence ......
Stanley-Johnson Convention :

negotiations of ......
Stanley, Lord :

his views regarding injuries to the United States........................
Submission. (See Treaty of Washington.)
Sufferance. (See Veutral.)
Sumter, the .........

. .................
coals at Trinidad .......
arrives at Gibraltar...
representations of Mr. Adams concerning....
sold at Gibraltar ....

arrives at Liverpool .....
Sweden:

laws for enforcing neutrality of .......
Switzerland :

laws for enforcing neutrality of ...................

....

103

Um

ler,

...................................................

CU

d

...

....

....

..

..

....

..

T.
Tables of figures :

presented by the American agent, August, 19, 1872.....

presented by the British agent, August 19, 1872.....
Tacony, the:

a tender of the Florida ..
Tallahassee :
facts concerning..........

........
Tenterden, Lord :

his views regarding President Washington's course
Terceira, affair of:

history of it ....
parliamentary debate regarding .........
Sir R. Palmer's views regarding............

Mr. Evarts's views regarding .........
Thornton, Sir Edward :

his dispatch of April 19, 1869 .......
principles to govern construction of, (Palmer) ........

........................................................

Treaties:

15

147

Pares
Treaty of Washington, (see Due Diligence, International Lau', Indirect Claims,
Veutrals, Neutrality :)
provisions respecting arbitration ........

1
provisions respecting claims .................

14, 15
rules of ...................:
these rules the imperative law in this controversy....

.146, 147, 443
how the first rule is to be applied to the facts ......

146, 448
how the second and third rules are to be applied .....

146
nothing admissible which diminishes their force .....

117
the obligations of Great Britain to observe them bas the force of an obli-

gation under international law......
the rules call for seasonable, appropriate, and adequate means to preserve
neutrality ..........

149
claims comprehending it .....

187
negotiations preceding..........

189
opening of negotiations .........

196
preliminary correspondence concerning.......

197
meaning of the words amicable settlement ..

200
supposed concessions in by Great Britain examined...

206
debate in Parliament regarding......

239
defines the duties of neutrals with increase of strictness ..

267
French translation of rules of ........
Sir R. Palmer's views concerning the first rule ...

426
Mr. Evarts's views concerning the first rule.......

472
Tribunal of Arbitration :
its authority absolute.............

16
scope of the submission under ..

....18, 159, 257
the sole judge of what constitutes due diligence.....

157
the judge of its own powers.........

210
Tuscaloosa :

a prize captured by the Alabama and fitted as a tender.. .....
proceedings regarding ..........................

.. 100, 101
captures by............................................

103

100

1.

Unfriendliness of Great Britain, (sce Inimus, Great Britain :)

an element to be considered in preparing means to preserve neutrality ... 118

increased by the conduct of the British Government ........
United States, (see Neutrality Laws :)

suffer great injury from aid furnished insurgents from British territory ..
nature of the injuries to ............
their neutrality law of 1818, compared with the British Foreign-Enlistment

Act .....
their legislative bistory shows a constant desire to perform their duties as

neutrals .....
their history as a neutral compared with that of Great Britain..........38.
their history as a neutral further examined............

46, 228
treaty with Spain of 1819.....

43
the failure of their officers does not release Great Britain....

161
their alleged condonement.....

218
their views of " due diligence" in practice............

410

19, 166

W.
Waite, Mr. :

his argument on the supplies of coal........
Walker's expedition :

defense of the conduct of the United States Government regarding .......
Washington. (See Treaty of Washington.)
Washington, President:

his course as President toward belligerent nations ........
note regarding the same.......

he same...............................................
Westbury, Lord. (See Animus.)
Wirt, Mr.:

his views regarding allowance of interest .........

29,40

220