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III. GENERAL DISCUSSION OF QUESTIONS OF LAW:

Contention of United States regarding failure of Great Britain to main-

tain neutrality..

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Responsibility resulting from such failure..

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Scope of the submission..

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Meaning of the language "all claims growing out of the acts of the

cruisers"

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Contentions of Great Britain..

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Proposed course of argument.

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General considerations of law.

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Great Britain guilty of culpable negligence, even when measuring its du-

ties by the Foreign-Enlistment Act.

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International duties independent of municipal law.

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Defects of Foreign-Enlistment Act

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They might have been remedied ..

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These are not questions of neutrality

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Great Britain legally responsible to United States.

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Sir R. Phillimore's authority cited....

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Legal theory of United States respecting questions at issue

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Right to make war..

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Right to give cause for war.

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What may be cause.

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Neutrality

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War, what it is..

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Sales of arms and contraband of war.

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Dispatch of armed vessels....

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Responsibility of Sovereign for violation of neutrality

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Constitutional inabilities cannot be pleaded in answer to a charge of

such violation ......

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Alleged constitutional inability of Great Britain examined

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The prerogative power of the Crown

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IV. MISCELLANEOUS CONSIDERATIONS :

Many irrelevant matters in the British Case and Counter Case. .

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Its treatment of the British Foreign-Enlistment Act of 1819

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Its comparison between the British and American acts unjust

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The Government of the United States has always been anxious to possess

legislative powers sufficient for the performance of its duties as a neu-

tral....

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Disinclination of Parliament to legislate on the subject.

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Legislation of other countries..

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Distinction between prevention and punishment.

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France..

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Italy

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Switzerland

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Brazil

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Portugal.

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Spain

Belgium and Holland

Russia and Prussia

Denmark and Sweden

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Comparative review.

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Conclusions...

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The history of the United States as a neutral a part of the British plead-

ings ...

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Its relevancy denied...

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Neutrality toward Great Britain during President Washington's

administration ...

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Expedition of Miranda

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Revolt of Spanish-American colonies

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War between Portugal and the Banda Oriental.

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Walker's expedition ....

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Cuba ....

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Fenians..

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British enlistments during the Crimean War.

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The course of Great Britain as a belligerent toward neutrals

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Orders in Council

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Course toward France during the American Revolution

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Course toward the Netherlands

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General obligations of neutrals

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Action of the British Government.

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What might have been done..

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What actually was done....

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Registry of the Florida.

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Clearance..

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Résumé ..

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Negligence of British officials.

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What might have been done under the Merchants' Shipping-Act.

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Arrival at Nassan.

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Conduct of British officials there

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Want of due diligence...

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Judicial proceedings at Nassau.

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Partial and unfriendly conduct of the Colonial Authorities.

69

Seizure of the Florida....

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Trial and release; the criticisms on these proceedings in the American

Case are sustained....

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Armament of the Florida

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At Cardenas, at Mobile.

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At Nassau, January 25, 1863 ; receives coal, supplies, and recruitments..

At Barbados, February 24, 1863; receives coal and repairs..

At Pernambuco

At Bermuda, July 15, 1863; repairs and coals.

At Brest; receives recruits and new machinery from Liverpool.

At Martinique..

At Babia ....

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Her tenders...

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VII.—THE ALABAMA

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Her adaptation to war is not disputed.

The question to be decided....

Mr. Adams gives information respecting the Alabama June 23, 1862.

Referred to Law Officers of the Crown..

Their action upon it....

82

Proceedings of Customs Authorities.

83

Mr. Adams informed that the American Consul may submit evidence to

the Collector at Liverpool

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The Consul directed to furnish information to the Collector

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He does so ...

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Conduct of the Collector.

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He declines to act...

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Mr. Adams instructs the Consul to continue to collect proof..

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The Consul does so, and presents it to the Collector, with a request to

seize the vessel.

Law-Advisers of the Customs.

[graphic]

Reasons wby Great Britain is respousible for acts of.

VIII.--THE GEORGIA.

At Glasgow

Notoriety of the construction and purposes of the Georgia.

Registry, clearance, and departure...

The Alar...

Armament of the Georgia
Mr. Adams gives information to Earl Russell..
Insufficient action of Her Majesty's Government.

At Bahia...

At Trinadi

At Simon's Bay

At Cherbourg

At Liverpool

Sale

IX.- THE SHENANDOAII

General review of facts establishing want of due diligence.

Purchase of the Sea King.

Her departure...

Departure of the Laurel with her crew and armament.

Armament of the Shenandoah..

Arrives at Melbourne..

Permission to coal and make repairs granted..

Protest of the Consul..

Unfriendly conduct of the Colony.

Recruitment of men at Melbourne

The Colonial Authorities informed of the contemplated recruitments, and

do not prevent them.. ...

Their inefficient proceedings.

Further proof of recruiting furnished to the authorities..

They parley with the commander of the Shenandoah in place of acting..

Further information of contemplated recruitments..

Refusal of the Colonial Authorities to act....

Large recruitments of men; departure from Melbourne.

Excessive repairs at Melbourne

Coaling there excessive.....

Contrast between the course of Brazilian and of British Authorities.

At Liverpool....

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XI.–CONSIDERATION OF THE DUTY OF GREAT BRITAIN, AS ESTABLISHED

AND RECOGNIZED BY THE TREATY, IN REGARD TO THE OFFENDING

VESSELS, AND ITS FAILURE TO FULFILL THEM AS TO EACH OF SAID

VESSELS...

Propositions of law..

Measure of international duty..

Rules of the Treaty imperative.

Application of the first Rule

Application of tbe second and third Rules..

These Rules constitute the law of this controversy.

Nothing admissible which diminishes their force.

The obligation of Great Britain to observe these Rules was an

international one..

This obligation not affected by internal distribution of powers

of British Government.

Nor by the institutions or habits of the British people....

Great Britain should have used seasonable, appropriate, and ad-

equate means to preserve its neutrality..

Which should have been available as soon as required

British sympathy with insurgents an element to be considered

in preparing means..

Other elements to be considered.

The Means of fulfilling International Duty possessed by Great Britain..

Her Majesty's Government possessed full power for carrying out

its selected course of action..

The prerogative of the Crown..

Its exercise during the Rebellion.

Preventive power inseparable from the idea of executive

power

Peculiar advantages of Her Majesty's Government for the exer-

cise of executive power...

Omnipotence of Parliament...

The duty of Great Britain in its treatment of the offending ressels AFTER

their first illegal outfit and escape from British ports ..

The privilege of exterritoriality accorded to a vessel of war is

political and discretionary..

It should not be acceded to a belligerent not recognized as a

political Power...

The only remedy against such belligerent in a case like the pres-

ent is the remedy against the vessels themselves..

Great Britain ought, therefore, to have seized the vessels..

Due diligence, as required by the three Rules of the Treaty and the prin-

ciples of international law not inconsistent therewith..

After proof of hostile acts on neutral territory the burden of

proof is on the neutral to show due diligence to prevent them.

Diligence not a technical word....

"Due” iinplies seasonableness, appropriateness, and adequate-

Objections to British definition of the term...

Judicial definitions by British and American Courts..

The United States do not desire a severe construction...

They do not propose to become guarantors of their people ....

The Arbitrators the judges of what constitutes due diligence...

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ness

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XII.—THE FAILURE OF GREAT BRITAIN TO FULFILL ITS DUTIES, AS ESTAB-

LISHED AND RECOGNIZED BY THE TREATY, CONSIDERED UPON THE

Facts..

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Considerations of general application..

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The vessels concerning whose acts the contention is.

159

Failure of Great Britain to fulfill its obligations...

159

Negligence in obtaining information....

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No general means of immediate action provided.

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No general instructions to maintain vigilance.

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No officers charged with instituting and maintaining proceedings.. 160

No steps taken to break up the hostile system..

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The idea of an international duty toward the l'nited States rejected. 161

The obligations of Great Britain

were independent of steps taken by of-

ficers of the United States in Great Britain

161

The Government of the United States always earnest to maintain its du-

ties as a neutral....

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Absence of such earnestness on the part of Great Britain a license for

the acts of hostility complained of...

162

Failure to ascertain extent of statutory and prerogative powers........ 163

Failure to exercise the Royal prerogative..

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The Foreign-Enlistment Act was an insufficient means for performing

international duties, and its efficacy was diminished by judicial con-

struction and official requirements...

166

Contrast between this act and the American Statute as construed and

administered..

107

British reliance upon the Foreign-Enlistment Act a failure of due dil-

igence

172

The neglect to amend the Foreign-Enlistment Act a failure of due dil-

igence

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Contrast between the course of Great Britain and the course of the

United States in these respects

173

Failnre in due diligence after the escape of the cruisers..

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In net detaining offending cruisers when again in British ports.... 175

This obligation not determined by commissioning a cruiser.. 176

In not excluding escaped cruisers from British ports...

176

The representations to insurgent agents respecting these cruisers were

so long delayed and so feeble as to amount to want of due diligence.. 178

The British course in these respects was voluntary ....

181

The exclusion of prizes from British ports was no benefit to the United

States....

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The responsibility of Great Britain for these failures in due diligence

continued until the end of the career of the cruisers..

No evidence of the exercise of due diligence submitted by Great Britain 182

What vessels are nuder the jurisdiction of the Tribunal...

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Treaty:

Used in the same sense in this discussion.

What claims are within the jurisdiction of the Tribunal

Résumé of negotiations respecting Alabama Claims.

Mr. Adams, November, 1862, asks “ redress for private and na-

tional injuries".

Liability denied by Great Britain

l'nited States refuse to relinquish their claims...

Many claims lodged during the war, but discussion deferred..

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