The case of the United States, laid before the tribunal of arbitration, convened at Geneva, under the provisions of the treaty between the United States of America and her Majesty the Queen of Great Britain, concluded at Washington, May 8, 1871.

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Table of Contents

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I. Introduction.	Geneva edition.	Present edition.
	Page.	Page.
Meeting of the Joint High Commission at Washington	9	9
Protocol of the conferences as to the Alabama claims	10	9
The Treaty of Washington	17	12
What the United States will attempt to establish	29	16
Evidence and documents, and how referred to	30	17
II. The unfriendly course pursued by Great Britain toward the United States from the outbreak to the close of the insurrection.
Relations of the United States with Great Britain prior to 1860	31	19
Friendly relations of the two Governments in 1860	33	20
The United States in 1860	34	20
Election of Mr. Lincoln	36	21
Secession of South Carolina	36	21
Secession of Alabama	36	21
Secession of Georgia and other States	37	21
Opposition to the territorial limitation of slavery the cause of secession	37	21
A party in the South opposed to secession	39	22
Inauguration of Mr. Lincoln	42	23
The British government informed of his purposes	42	23
Lord John Russell promises to await Mr. Adams’s arrival before acting	43	23
The surrender of Fort Sumter	44	24
The insurgents to issue letters of marque	44	24
Proclamation giving notice of blockade	45	24
Objects of that proclamation	45	24
The joint action of France invited by Great Britain	45	24
When the President’s proclamation was received in Great Britain	47	25
Opinion of law officers taken on an imperfect copy	49	26
Her Majesty’s government decide on the first of May to recognize a state of war	50	26
Lord John Russell and the insurgent commissioners discuss the recogonition of southern independence	51	26
Communication with the French government	52	27
Answers of the French government	53	27
When the President’s proclamation was received by Great Britain	54	27
Effect of recognition of a state of war	55	28
The Queen’s proclamation	57	28
Uncertainty of Her Majesty’s government	57	28
Effect of the Queen’s proclamation	58	29
Mr. Bright’s views	62	30
The sovereign right to issue such a proclamation not denied	63	31
It was an unfriendly act	63	31
And issued with an unfriendly purpose	64	31
M. Rolin Jacquemyns on the Queen’s proclamation	64	31
Unfriendly conduct of Great Britain as to the declarations of the congress Paris	65	31
The instructions to Lord Lyons might have been regarded as a cause of war	68	33
Former negotiations regarding the declarations of the congress of Paris	69	33
Lord Lyons’s interview with Mr. Seward	72	34
Termination of negotiations with the United States	73	35
Great, Britain desired to legalize privateering	74	35
Negotiations at Richmond	74	35
Mr. Adams’s comments	78	36
Contrast between conduct of Great Britain toward the United States in the Trent affair, and toward violators of British neutrality in the insurgent interest	82	38
M. Rolin-Jacquemyns on British neutrality	86	40
Proof of the unfriendly feeling of members of the British cabinet and Parliament	87	40
Conclusions	100	45
III. The duties which Great Britain, as a neutral, should have observed toward the united states.
The Queen’s proclamation a recognition of obligations under the law of nations	105	47
Great Britain has recognized its obligations in various ways	105	47
The obligations recognized by the foreign enlistment act of 1819	105	47
Municipal laws designed to aid a government in the performance of international duties	106	47
History of the foreign enlistment act of 1819	106	47
Great Britain bound to perform the duties recognized by that act	108	48
The duties recognized by that act	109	48
Royal commission to revise the foreign enlistment act of 1819	113	50
Great Britain bound to perform the duties recognized by that act	114	51
The duties recognized by that act	116	51
Royal commission to revise the foreign enlistment act of 1819	117	52
Report of that commission	118	52
Duties recognized by the Queen’s proclamation of neutrality	122	53
Definition of neutrality	123	54
Duties recognized by instructions to British officials during the insurrection	125	55
Correspondence between the two governments in 1793–’94	126	55
Treaty of November 19, 1794	131	57
Construction of that treaty by the commissioners appointed under it.	132	57
The neutrality laws of the United States enacted at the request of Great Britain	133	58
Case of the bark Maury	134	58
Principles thus recognized by the two governments	135	58
Obligation to make compensation for injuries	136	59
Correspondence between the United States and Portugal	137	59
Principles recognized in that correspondence	146	63
Rules in the treaty of Washington	148	63
What is due diligence	150	64
Fitting out, arming, or equipping, each an offense	159	68
The second clause of the first rule	159	68
Reasons for a change of language	159	68
Continuing force of the rule	163	69
Duty to detain offending vessels recognized by Great Britain	163	69
Also recognized by France	166	70
The second rule of the treaty	166	70
The third rule of the treaty	168	71
Duty to make compensation for injuries	169	71
The foregoing views in harmony with the opinions of European publicists	169	72
Hautefeuille	170	72
Bluntschli	171	72
Rolin-Jacquemyns	176	74
Ortolan	181	76
Pierantoni	184	77
Lord Westbury	185	77
The case of the Swedish vessels	186	78
Offending vessels not simply contraband of war	193	80
Opinion of Ortolan	195	81
Opinion of Heffter	196	81
Case of the Santisima Trinidad	197	82
Controlled by the case of the Gran Para	201	83
Effect of a commission of the offender as a vessel of war	202	84
Opinion of Sir Roundell Palmer	204	84
Opinion of Chief Justice Marshall	204	85
Decision of the Supreme Court of the United States	206	85
The principle recognized by France, Great Britain, Spain, Portugal, and the United States	209	86
Deposit of the offense	209	86
Résumé of principles	210	87
IV. Wherein Great Britain failed to perform its duties as a neutral.
Admissions of British cabinet ministers	215	89
British ports the base of insurgent operations; a partial hospitality shown to the insurgents; a branch of their government established in Liverpool, their government vessels officially aided in evading the blockade, and in furnishing them with arms, munitions, and means for carrying on the struggle	218	90
The firm of Fraser, Trenholm & Co	219	91
Character of the blockaded coast	222	92
Geographical situation of Nassau and Bermuda	223	92
What was done at Nassau	225	93
The United States denied permission to deposit coal art Nassau	229	94
Complaints to Earl Russell and his reply	232	95
Instructions as to hospitalities to the belligerents	233	96
Lord Palmerston’s threats	234	96
Contraband of war fraudulently cleared at Nassau for British ports	236	97
Résumé for the year	237	97
Base changed to Bermuda	239	98
What was done at Liverpool by Bullock	240	99
The Florida	241	99
The Alabama	243	99
The Sumter at Gibraltar	245	100
The Florida at Nassau	245	100
Contracts for constructing six iron-clads	246	101
The Sumter at Trinidad	247	101
The Florida at Nassau	247	101
Mr. Adams represents the foregoing facts to Earl Russell	248	101
Earl Russell declines to act	249	102
Inefficiency of the foreign enlistment act	250	102
Propositions to amend the foreign enlistment act	251	103
Propositions declined by Great Britain	251	103
Proposition renewed and declined	253	103
These proceedings were an abandonment, in advance, of “due diligence”	256	104
The Georgia	256	105
The Alexandra	257	105
The rulings in the Alexandra case emasculated the foreign enlistment act	259	106
Laird’s iron-clad rams	260	106
Their detention not an abandonment of the lax construction of the duties of a neutral	264	108
The contracts with Annan for the construction of vessels in France	266	108
Conduct of the French Government	267	109
Contrast between the conduct of France and of Great Britain	269	109
The Tuscaloosa at the Cape of Good Hope	270	110
She is released against the advice of Sir Baldwin Walker	272	110
The course of the governor is disapproved	272	111
The Tuscaloosa comes again into the waters of the Colony	273	111
The governor reverses his policy and seizes the vessel	273	111
His course is again disapproved	274	111
Blockade-running	274	111
Cotton shipments	275	112
The insurgent government interested in blockade-running	278	113
These facts brought to Earl Russell’s notice	282	114
He sees no offense in them	282	114
Earl Russell’s attention again called to these facts	284	115
He again sees no offense in them	285	115
Blockade-running in partnership with the insurgent government	286	116
Continued partiality	288	117
The Rappahannock	291	118
The Shenandoah	293	118
Mr. Mountague Bernard’s list of vessels detained by Great Britain	296	120
The charges in Mr. Fish’s instructions of September 25, 1869, are sustained by this evidence	300	121
V. Wherein Great Britain failed to perform its duties as a neutral. The Insurgent Cruisers.
Earl Russell denounces the acts of which the United States complain as unwarranted and totally unjustifiable	309	125
British territory the base of the naval operations of the insurgents	310	125
Their arsenal	310	125
The systematic operations of the insurgents a violation of the duties	311	126
Continuing partiality for the insurgents	313	126
Recapitulation of hostile acts tolerated in British Possessions	314	127
These facts throw suspicion upon the acts of British officials toward the insurgent cruisers	316	128
They show an abnegation of all diligence to prevent the acts complained of	317	128
They throw upon Great Britain the burden of proof to show that the acts complained of could not have been prevented	318	128
List of the insurgent cruisers	320	129
The Sumter	320	129
The Nashville	328	132
The Florida and her tenders, the Clarence, the Tacony, and the Archer.	332	133
The Alabama and her tender, the Tuscaloosa	364	146
The Retribution	390	156
The Georgia	392	156
The Tallahassee, or the Olustee	409	163
The Chickamauga	413	164
The Shenandoah	416	165
Summary	454	180
The conduct of other nations contrasted with that of Great Britain	462	183
VI. The Tribunal should award a sum in gross to the United States.
Offer of the American Commissioners in the Joint High Commission.	467	185
Terms of the submission by the Treaty	468	185
General statement of the claims	468	185
Claims growing out of the destruction of vessels and cargoes	469	185
Claims growing out of the destruction of vessels and cargoes	469	186
Government vessels	470	186
Merchant vessels	470	186
Injuries to persons	471	186
Expenditures in pursuit of cruisers	472	186
Transfer of vessels to the British flag	472	187
Enhanced rates of insurance	476	188
Prolongation of the war	476	188
Interest claimed to the date of payment	479	189
Reasons why a gross sum should be awarded	480	189
Index	483	191

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