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NOTE B.-EXTRACTS, &C.-Continued.

1. The Foreign-Enlistment Act of July 3, 1819.

2. Lord Althorp's motion for the repeal of the Foreign-Enlistment

NOTE C.-MEMORANDUM OF CORRESPONDENCE AND DOCUMENTS RELATING TO

THE AMENDMENT OF THE ENGLISH FOREIGN-ENLISTMENT ACT,

1861-71...

242

NOTE D.-CONSIDERATION OF THE CLAIMS ARISING IN THE DESTRUCTION OF

VESSELS AND PROPERTY BY THE SEVERAL CRUISERS..

Detailed statements have been presented..

With the evidence furnished by the claimants to support them...

The United States desire an award of a sum in gross on the evi-

dence presented...

British criticisms on this evidence..

The answer to such criticisms....

Injustice of the British estimates of the value of the vessels de-

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ARGUMENT OR SUMMARY, SHOWING THE POINTS AND REFERRING TO THE

EVIDENCE RELIED UPON BY THE GOVERNMENT OF HER BRITANNIC

MAJESTY IN ANSWER TO THE CLAIMS OF THE UNITED STATES PRE-

SENTED TO THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER

ARTICLE I OF THE TREATY CONCLUDED AT WASHINGTON ON THE 8TH

MAY, 1871, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED

STATES OF AMERICA.

Nature of the Argument on the part of Great Britain.

The Sumter, Nashville, Tallahassee, Chickamauga, and Retribution

General principles of International Law in force when the facts occurred.

British law and powers of the Executive in Great Britain

Facts which must be proved before an award can be made against Great

ARGUMENT OF SUMMARY, &c.—Continued.

Conclusion as to the Florida, Alabama, Georgia, and Shenandoah

General course pursued by the British Government in regard to the represen-

tations made by Mr. Adams..

Charge that the armament of certain vessels was procured from Great Britain

Charge that the crews of certain vessels were partly composed of British

Charge as to Confederate Agencies in Great Britain for war purposes..

Complaint that Confederate cruisers visiting British ports were not seized

and detained..........

Complaint as to hospitalities accorded to Confederate cruisers in British

Review of the grounds on which the claims of the United States rest..

Character of the claims of the United States..

Observations on the principle and measure of compensation.

ANNEX A. COMMUNICATIONS BETWEEN THE BRITISH AND AMERICAN GOV-

ERNMENTS DURING THE CIVIL WAR, WITH REFERENCE TO THE STATE OF

THE NEUTRALITY LAWS OF GREAT BRITAIN.

ANNEX B. FRENCH TRANSLATION OF THE THREE RULES IN ARTICLE VI

OF THE TREATY OF WASHINGTON......

ANNEX C. REPORT OF THE COMMITTEE APPOINTED BY THE BOARD OF

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Table No. 1. Showing progressive increase in the amount of claims

for losses incurred through the respective cruisers as stated at dif-

ferent periods....

Table No. 2. Showing the result of the corrections and re-appropria-

tions of the claims and the corresponding allowances in summa-

ries Nos. 1, 2, and 3, of First Report, in accordance with remarks

in present Report...

Table No. 3. Showing, under respective divisions of classes, interest,

and cruisers, the claims advanced under the Revised Statement,

together with the allowances to meet them

Table No. 4. Showing the vessels captured by the Alabama, the valu-

ation the captors placed on each vessel, the allowance deemed ad-

equate for each, &c....

ANNEX D. FURTHER NOTE ON THE CLAIM PRESENTED BY THE GOVERN-

MENT OF THE UNITED STATES FOR EXPENDITURE ALLEGED TO HAVE

BEEN INCURRED IN THE PURSUIT AND CAPTURE OF CONFEDERATE CRUIS-

ERS. EFFORTS MADE TO CAPTURE CONFEDERATE CRUISERS.

Inadequacy and want of concert of United States naval force abroad, &c

Errors in the synopsis of orders

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SUPPLEMENTARY STATEMENTS OR ARGUMENTS MADE BY THE RE-

SPECTIVE AGENTS OR COUNSEL SUBSEQUENTLY TO FILING THE

ARGUMENTS ACCORDING TO THE PROVISIONS OF THE TREATY.

Page.

I.-STATEMENT OF SIR ROUNDELL PALMER, MADE AT THE SEVENTH CON-

FERENCE, ON THE 27TH JUNE, 1872...

Points upon which he desires further argument..

II.-REPLY OF THE COUNSEL OF THE UNITED STATES IN RESPONSE TO THE

FOREGOING STATEMENT OF SIR ROUNDELL PALMER....

Reasons why further argument should not be ordered at this stage of

the proceedings

III. ARGUMENT OF SIR ROUNDELL PALMER ON THE QUESTION OF "DUE

DILIGENCE." "THE EFFECT OF COMMISSIONS UPON THE INSURGENT

CRUISERS," AND "THE SUPPLIES OF COAL TO SUCH CRUISERS IN BRITISH

1. On the question of Due Diligence generally considered.

On the sources of the obligation...

Rules and principles of International Law..

Express or implied engagements of Great Britain.

Effect of prohibitory municipal laws

The three Rules of the Treaty of Washington..

General principles for finding what diligence is due.

The maxims cited by the United States from Sir R. Phillemore

For what purposes Great Britain refers to her municipal laws..

Doctrine of Tetens...

Influence upon the question of diligence of the different forms

of National Governments

Objections to any theory of the diligence due from neutral Gov-

ernments which involves a universal hypothesis of arbitrary

Argument of the United States as to the necessity of a reliance

on prerogative.....

Argument as to prerogative powers belonging to the British

True doctrine as to powers of the Crown..

American view of an a priori obligation

The British Crown has power to use the forces of the realm to

stop acts of war within British territority

The assertion that Great Britain relies on punitive and not

preventive law disproved............

Preventive power of British law explained

The doubtful points as to the construction of the British For-

eign-Enlistment Act never affected the diligence of the British

Government.....

Baron Bramwell's view of the international as distinct from

municipal obligation agreed with that of the American Attor-

ney-General in 1841....

On the arguments as to due diligence derived by the United

States from foreign laws....

On the comparison made by the United States between their

own laws and British laws...

Examination of the preventive powers of the American Govern-

ment under their acts of Congress for the preservation of neu-

Testimonies of Mr. Bemis and Mr. Seward on this subject..

Argument from the Foreign-Enlistment Act of 1870...

Illustrations of the doctrine of due diligence from the history

of the United States....

Arguments of the United States from suggested defects in the

administrative machinery of British law, and from the evi-

dence required by the British Government...

Inconsistency of the Rules of the Treaty with the requirement

of diligence to prevent where there were not reasonable

grounds of belief...

The British Government took active and spontaneous measures

to acquire all proper information and to prevent breaches of

III. ARGUMENT OF SIR ROUNDELL PALMER-Continued.

They followed up all information received by proper inquiries.

Necessity and propriety of seeking evidence from those who

give information

Mr. Jefferson's letter of September 5, 1793

Onus imposed on British claimants against the United States

under the Treaty of 1794..

Uniform reference of the Executive Authorities of the United

States in similar cases to legal procedure and the necessity for

legal evidence....

Of the suggestion that the belief of the consuls of the United

States in British ports should be treated as sufficient prima-

facie evidence...

The preventive efficacy of the American law tried by the test of

practical results....

The general result proves that many failures may happen, with-

out want of due diligence, from causes for which Governments

cannot be held responsible..

Attempt of the United States to change the onus probandi in this

controversy....

The alleged duty of pursuit. The Terceira expedition....

The true construction of the first Rule of the Treaty.

The privileges of public ships of war in neutral ports..

The case of the Exchange.

2. The effect of the commissions of the Confederate ships of war on their en-

trance into British ports..

Other authorities....

The Rule cannot require an act wrongful by international law...............

There is no rule obliging a neutral to exclude from his ports ships

of this description....

In any view the latter part of Rule I cannot apply to the Georgia or

the Shenandoah.....

The distinction suggested by the United States between ships of war

of recognized nations and ships of a non-recognized State.....

All the ships in question were duly commissioned ships of war.

3. On supplies of coal to Confederate vessels in British ports....

Both parties in the war equally received such supplies....

Such supplies are not within the rule as to not using neutral terri-

tory as a base of operations...

What is meant by the words "a base of naval operations

What is not meant by those words...

Consequences of a lax use of the phrase.

Effect of the addition of the words "renewal or augmentation of

military supplies or arms”.

4. Principles of construction applicable to the Rules of the Treaty.

Importance of the second and third questions, as to the principles of

construction applicable to the three Rules...

Rules for the interpretation of public conventions and treaties...

Applications of these principles to the interpretation of the three

Rules as to the points in controversy.....

Influence on the construction of the retrospective terms of the

The admitted intention of both parties as to the second Rule......

Influence upon the construction of the agreement to propose the

three Rules for general adoption to other maritime nations......

IV. ARGUMENT OF MR. EVARTS IN REPLY TO THE SPECIAL ARGUMENT OF SIR

ROUNDELL PALMER..

Scope of the discussion.

IV.—ÂRGUMENT OF MR. EVARTS, &C.-Continued.

Due diligence...

The Rules of the Treaty the law of this Case.

Sir R. Palmer's attempt to disparage the Rules examined..

How far the Tribunal may resort to the Rules of International Law..

Sir R. Palmer's principles for the construction of Treaties examined....

Effect of a commnission.

United States construction of the first Rule.

Effect of the words "reasonable ground to believe",

The rules of law respecting the effect of a commission.

Extent of the right of exterritoriality granted to ships of war.

Recognition of belligerency not a recognition of sovereignty.

Application of the principles....

Acts done in violation of neutrality are hostile acts.

The neutral whose neutrality has been violated is under no obligation

of comity to the violator..

Authorities to show that the construction in neutral territories of a ship

intended to carry on war against a belligerent is forbidden by the law

The applicability of the rule to the Georgia and the Shenandoah....

The question of coaling is a branch of the greater question of the use

of British ports as bases of hostile operations...

The doctrine of asylum considered...

Analogy between the duties of a neutral on land and his duties at sea..

Limitation of the right of commercial dealings in contraband of war..

Use of a neutral port as a base of hostile operations; what it is..

In the case of the Nashville....

In the case of the Shenandoah..

The question of the use of the neutral port as a base of hostile opera-

tions being established, there remains the inquiry whether the neutral

did or did not exercise due diligence to prevent it...

Such proceedings are not mere dealings in contraband of war..

Statement of the British argument on this point....

The arming and equipping the cruisers forbidden by the law of nations..

They should therefore have been disarmed when they came again within

British ports....

The construction of the Rules of the Treaty.

Review of Sir R. Palmer's criticisms upon the Argument of the United

The prerogative of the Crown..

Preventive and punitive powers of each Government.

The failure of Great Britain to originate investigations or proceedings..

The due diligence required by the Rules is a diligence to prevent a hostile

V.-ARGUMENT OF MR. CUSHING IN REPLY TO THE SPECIAL ARGUMENT OF SIR

Views of Sir Roundell Palmer in the case of Lairds' rams.

Definition of due diligence...

Powers of the Crown..

Obligations imposed by international law as distinguished from muni-

VI-REPLY OF MR. WAITE TO THE ARGUMENT OF SIR ROUNDELL PALMER

UPON THE SPECIAL QUESTION AS TO SUPPLIES OF COAL IN BRITISH

PORTS TO CONFEDERATE SHIPS...

A base of operations essential to naval warfare.

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