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The 4th day of July, 1863, saw the aggressive force on land of the insurrection crushed. From that day its only hope lay in pro[478] longing a defense *until, by the continuance of the permitted

violations of British neutrality by the insurgents, the United States should become involved in a war with Great Britain. The insurgents had, at that time, good reason to look for that result. The Florida, the Alabama, the Georgia had left British ports for the purpose of carrying on war against the United States, and were, nevertheless, received with unusual honors and hospitality in all the colonial ports of Great Britain. Only ten days before the battle of Gettysburg, the judge who presided at the trial of the Alexandra had instructed the jury that nó law or duty of Great Britain had been violated in the construction and dispatch of the Alabama. About three months before that time Her Majesty's Government had decided that they would not recommend Parliament to enact a more effective law for the preservation of neutrality. Laird was constructing the rams in Liverpool under the existing interpretation of the law, and the British Government was refusing to interfere with them. The Chancellor of the Exchequer, five days before the battle of Gettysburg, had declared in the House of Commons, speaking not individually, but in the plural, "We do not believe that the restoration of the American Union by force is attainable." Under

these circumstances the insurgents made great exertions to keep [479] the *Florida, the Alabama, and the Georgia afloat, and to stimu

late their officers and crews to renewed destruction of the commerce of the United States. They counted, not without reason, upon inflaming popular passion in the United States by the continuance of these acts, until the people should force the Government into a retaliation upon Great Britain, the real author of their woes. In pursuance of this policy they withdrew their military forces within the lines of Richmond, and poured money into Bullock's hands to keep afloat and increase his British-built navy, and to send it into the most distant seas in pursuit of the merchant marine of the United States.

Thus the Tribunal will see that, after the battle of Gettysburg, the offensive operations of the insurgents were conducted only at sea, through the cruisers; and observing that the war was prolonged for that purpose, will be able to determine whether Great Britain ought not, in equity, to reimburse to the United States the expenses thereby entailed upon them.

On all these points evidence is presented which will enable the Tribunal to ascertain and determine the amount of the sev- Interest claimed to eral losses and injuries complained of. To the amount thus the date of payment.

shown should be added interest upon the claims to the day when [480] the award is payable by the terms of the Treaty, *namely, twelve

months after the date of the award. The usual legal rate of interest in the city of New York, where most of the claims of individuals are keld, is seven per cent. per annum. In some of the States it is greater; in few of them less. The United States make a claim for interest at that rate. The computation of the interest should be made from an average day to be determined. The United States suggest the 1st day of July, 1863, as the most equitable day.

awarded.

They earnestly hope that the Tribunal will exercise the power conferred upon it to award a sum in gross to be paid by Great Reasons why a Britain to the United States. The injuries of which the gross sum should be United States complain were committed many years since. The original wrongs to the sufferers by the acts of the insurgent cruisers have been increased by the delay in making reparation. It will be

unjust to impose further delay, and the expense of presenting claims to another Tribunal, if the evidence which the United States have the honor to present for the consideration of these Arbitrators shall prove to be sufficient to enable them to determine what sum in gross would be a just compensation to the United States for the injuries and losses of which they complain.

Above all it is in the highest interest of the two great Powers which appear at this bar, that the *causes of difference which [481] have been hereinbefore set forth should be speedily and forever

set at rest. The United States entertain a confident expectation that Her Majesty's Government will concur with them in this opinion.

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complains of insurgent operations in British jurisdiction...

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says insurgent government is interested in blockade-running 282-284 114-115 further representations as to blockade-runners.

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representations as to the Honduras..

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notifies Earl Russell that sale of Sumter will not be recognized
informs Earl Russell of the character of the Florida..

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brings to Earl Russell's notice treatment of Florida in colonies
calls Earl Russell's attention to the Alabama....

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ADMIRALTY AND COLONIAL INSTRUCTIONS:

of January 31, 1862, unfriendly to United States.
abstract of those instructions

correspondence regarding claims of Portugal..........

139-145

60-62

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affidavits as to character of obtained and officially commu-
nicated to British government.

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orders revealed and Alabama escapes.

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goes to Moelfra Bay and the Hercules follows next day with

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receives arms, stores, and coal from Bahama and Agrippina.

378

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was adapted for warlike purposes when she left Liverpool..
was fitted out there, at least in part..

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seizure, trial, and acquittal..

258

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ruling of the court in, emasculated the foreign enlistment act
of 1819..

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course of the government of, contrasted with that of the
British government.

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BERNARD, MR. MOUNTAGUE:

gives list of vessels detained by Great Britain.

his criticism on Mr. Fish's dispatch not sustained.

his statement concerning the Florida

his statement as to prosecutions for offenses against foreign
enlistment act

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BLACKSTONE, SIR WILLIAM :

defines extent and force of law of nations..

BLOCKADE:

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notice of, by proclamation.

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proclamation of, when news of, received in England.
an imperfect copy submitted to law officers
for opinion

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BLOCKADE-RUNNERS:

general character of, determined by insurgent government..
converted into men-of-war, and vice versa.. -

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BRAZIL:

course of the government of, contrasted with that of the
government of Great Britain.

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BURDEN OF PROOF:

thrown upon Great Britain to show that it exercised dili-
gence

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his opinion regarding conduct of United States as a neutral.
CAPE TOWN, (see Tuscaloosa :)

107

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