Index

A.

• Adams, Mr.:
  • his information to the British Government regarding the Florida 57, 59
  • his information to the British Government regarding the Alabama 80
  • his instructions to the Consul at Liverpool regarding the same 87, 85
  • his information to the British Government regarding the Georgia 104
  • his representations to Lord Russell, August 15, 1861 112
  • his information to the British Government regarding the Shenandoah 117
  • his representation to the British Government concerning the Sumter 136
  • his note of November, 1862 189
  • his note of April 7, 1865 190
  • the author of the term indirect claims 191
• Agrippina, the:
  • takes coal to the Alabama 96
• Aid. (See Great Britain.)
• Alabama, the:
  • not disputed that she was intended for war 80
  • Mr. Adams gives information concerning 80
  • reference of his information to the Law Officers of the Crown 82
  • they advise inquiry, and that the Consul at Liverpool should communicate directly with the Customs Officers at Liverpool 82
  • report of Commissioner of Customs regarding the vessel 83, 84
  • the Consul furnishes the Collector with proof of the character of 85
  • the Collector declines to act 87
  • the Consul furnishes further proof to the Collector 87
  • the Solicitor of the Commissioner of the Customs finds the proofs insufficient 88
  • proof submitted to Her Majesty’s Government through the Treasury, (July 22,) and through the Foreign Office, (July 22) 89
  • additional proof through the Treasury, (July 23) 89
  • additional proof through the Foreign Office, (July 24) 90
  • additional proof through the Customs authorities, (July 25) 90
  • Her Majesty’s Government promise to keep watch on the vessel 91
  • the Law Officers of the Crown recommend the seizure 91
  • escape of 92
  • inefficiency of the subsequent proceedings 92
  • failure of Great Britain to use due diligence to prevent her departure 94
  • armament of, from the Bahama at Angra Bay 96
  • arrives at Martinique, and coals from the Agrippina 96
  • destroys the Hatteras 97
  • lands prisoners and repairs at Jamaica 97
  • is refused permission to coal at Bahia, and is excluded from Brazilian ports for violation of sovereignty of Brazil 99
  • proceedings at Capetown, capture of Sea Bride 99
  • proceedings at Simon’s Bay 99
  • the Tuscaloosa 100
  • career of the Alabama till her destruction by the Kearsarge 101
  • reasons why Great Britain is responsible for her acts 102, 103
  • reasons why Great Britain is not responsible for the acts of, as set forth in the British Argument 276
  • her armament defended by Great Britain 286
• Alabama claims, (see Grant, President:)
  • origin of the term 190, 192
  • the term well known in 1866 192
  • how defined by the American Joint High Commissioners 198
• Alar, the:
  • armament of the Georgia, from her 108
• Alexandra, the:
  • proceedings concerning 113
• Amicable settlement. (See Treaty of Washington.)
• Animus:
  • unfriendly, of Great Britain toward the United States established 53, 55
  • its relevancy to the issues before the Tribunal 53
  • Lord Westbury’s views concerning 54
  • Mr. Bernard Montague’s views concerning 54
  • Earl Russell’s views concerning 54
  • statements in the British Case regarding 55
• Arbitration, (see Tribunal of Arbitration:)
  • scope of, (see Indirect Claims:) 18, 159, 185, 201, 259
  • refused by Lord Russell 191
  • treaties, the place of war 210, 218
• Archer, the:
  • a tender of the Florida 79
  • Argument of the United States 5
  • prepared by the official counsel of the United States 5
  • Argument of Great Britain 259
  • its nature 263
• Armed vessels:
  • the dispatch of, from neutral ports illegal 23, 471
  • their armament from neutral ports defended by Great Britain 283
• Arms:
  • purchase of, not forbidden by international law, (note) 51
• Asylum:
  • doctrine of, considered by Mr. Evarts 459
• Award:
  • character and effect of 15, 16
• Azuni:
  • definition of neutrality 50

B.

• Bad faith:
  • in a Government necessary to be proved in order to sustain a charge of injurious negligence 304
• Bahama, the:
  • takes the armament to the Alabama 96
• Bayley, Governor:
  • unfriendly action at Nassau regarding the Florida in 1862 66, 73
• Base of naval operations:
  • defined by Sir R. Palmer 434
  • defined by Mr. Evarts 460
  • Mr. Waite’s views regarding it 513
• Belgium:
  • laws for enforcing neutrality of 36
• Belligerent:
  • not recognized politically; the vessel of, does not enjoy privilege of exterritoriality 153
  • in case of violation of neutrality by, the remedy is against the vessel 153
  • British view as to these points 297
• Belligerent power:
  • exercised by United States of right in suppressing insurrection 7
  • non-acquiescence in such exercise by another power is intervention 8
• Belligerent rights:
  • in case of rebel hostilities belong to the sovereign of right, to the rebel by sufferance 10
  • conferring them on the rebels by Great Britain was intervention 10
• Bernard, Mr. Montague, (see Animus:)
  • his views on the Treaty of Washington 202
  • his views regarding the language of treaties 211
• Blockade-running:
  • carried on under British flag with toleration of British Government 143
• Brazil:
  • laws for enforcing neutrality of 35
  • doctrine regarding supplies of coal 130
  • doctrine respecting hospitalities 133
• Bruce, Sir Frederick:
  • thanks the United States in the name of Her Bretanic Majesty for their course toward the Fenians 45
• Bullock, J. D.:
  • insurgent agent, his contracts for vessels in England 112
• Burden of proof:
  • after proof of hostile acts on neutral territory, burden on the neutral to show due diligence to prevent 154
  • thrown upon claimants by the Commission under Jay’s Treaty, (1794) 415
  • attempt of the United States to shift in this controversy 423
  • Mr. Waite’s views concerning 513

C.

• Cairns, Lord:
  • his views as to the duty of seizing suspected vessels 26
  • thinks the indirect claims are in the Treaty 203
• Calvo:
  • reference to, concerning neutrality, (note) 50
  • his views regarding the powers of arbitration 210
• Canada:
  • case of, cited 220
• Canning, Mr.:
  • his views regarding the performance by the United States of their duties as neutrals 40
• Cases:
  • of the two Governments delivered December 15, 1871 5
  • admissions of the British regarding relevancy of animus 55
• Chickamauga, the:
  • facts concerning 145
• Chinese fleet:
  • its construction by authority of the British Government 105
• Claims:
  • for arbitration as described in the Treaty 14, 16, 18, 200
  • statement of 187
• Clarence, the:
  • a tender of the Florida 79
• Clarendon, Lord:
  • his views as to the indirect claims 195
• Coal, supplies of:
  • doctrine of Brazil regarding 99
  • to the Shenandoah at Melbourne excessive 130
  • Sir R. Palmer’s views regarding 433
  • Mr. Waite’s argument regarding 513
• Cobden, Mr.:
  • his views regarding the course of Her Majesty’s Government 93, 217
• Cockburn, Sir Alexander:
  • his opinion regarding the Georgia in 1864 108
• Commissions:
  • effect of on offending cruisers 176, 296
  • Sir R. Palmer’s views regarding 427
  • Mr. Evarts’s views regarding 448
  • rules of international law respecting 451
• Confederate agencies:
  • their establishment in Great Britain defended and justified 290
• Constitutional disabilities, (see International Law:)
  • no answer to a charge of violation of an international duty 23
  • examination of the alleged constitutional disability of Great Britain 24
• Contraband of war, (see Sale:)
  • systematically covered by British flag 113, 142
  • a vessel specially adapted for war is regarded, in international law 266
  • limitations of right to deal in, according to Mr. Evarts 460, 465
• Counter Case:
  • of the two Governments delivered April 15, 1872, with proofs 5
• Crimean War:
  • indefensible course of Great Britain during 46, 48
• Cuba, (See Spain:)
• Cushing, Mr.:
  • his argument in reply to Sir Roundell Palmer 486
  • his observations on the recruitments for the Shenandoah 534
  • D.
• Damages, (see Injuries.) Interest, Indirect claims:
  • rules for measuring 212
  • animus of the wrong-doer an element of, in tort 212
  • should he an indemnity 215
  • application of the rules concerning 215
  • Mr. Cobden’s views regarding 217
  • Lord Stanley’s views regarding 217
  • Mr. Forster’s views regarding 217
  • Lord Russell’s views regarding 217
  • a sum in gross should be awarded for 220
  • remoteness or nearness of, to be determined by Tribunal 222
  • note regarding the assessment of 248
  • the principle of compensation for, as maintained by Great Britain 304
  • report of the committee appointed by board of trade regarding 315
• Denmark:
  • laws for enforcing neutrality of 37
• Deposit of the offense:
  • by the Florida at Mobile; argument as to 541, 546
• Diligence. (See Due Diligence.)
• Due Diligence. (See Burden, of Proof, Great Britain:)
  • contention of United States regarding British want of 17
  • not exercised to prevent fitting out, equipping, or arming in its jurisdiction of vessels intended to carry on war against the United States 17
  • nor to prevent its ports from being used as bases of naval operations 17
  • the phrase is a definite and practical one 154
  • “diligence” implies zeal, application, effort, &c 155
  • “due” implies reasonableness, appropriateness, and adequateness 155
  • objections to the British definition 155
  • definition of diligence by British and American courts 156, 157
  • limit of the obligations created by this requirement of the Treaty 157
  • no evidence of the exercise of, submitted by Great Britain 182
  • British definition of 267, 268
  • sources of the obligations to observe, according to Sir Roundell Palmer 385
  • rules and principles of international law regarding (Palmer) 385
  • the United States observance of in practice 410
  • Mr. Evarts’ views regarding 443, 480
  • Mr. Cushing’s views regarding 487
  • Sir R. Palmer’s views in the case of Laird’s rams 491
• Duguid, Captain:
  • evidence regarding the Florida 58

E.

• Evarts, Mr.:
  • his argument in reply to Sir Roundell Palmer 442
• Evidence, (see Burden of Proof:)
• of breach of law to be sought from those who give information
  • the United States have invariably required legal, before commencing proceedings 415
  • the belief of Consuls does not constitute prima-facie 415
• Executive power:
  • includes the power of preventing violations of law 419
  • peculiar advantages of Great Britain for the exercise of such power 151
  • Exterritoriality: 152
  • of a vessel of war, the privilege is political and discretionary 152
  • it is accorded only to vessels of recognized political powers 153, 455
  • the British view regarding 295, 297
  • Sir R. Palmer’s view regarding 427
  • extent of the right of, (Evarts) 451

F.

• Fenians:
  • course of the United States towards instilled 45
• Fish, Mr.:
  • his instructions to Mr. Motley of May 15, 1869, and of September 25, 1869. 195
• Fiore:
  • concerning neutrality 30
• Florida, the:
  • at Liverpool, information by Mr. Adams concerning 57, 59
  • action by Her Majesty’s Government 57, 60
  • internal proof that she was specially adapted for war 58
  • report to be intended for the Italian Government 60
  • the report ascertained to be without foundation 61
  • her registry 61
  • her clearance 62
  • want of due diligence in not inquiring concerning 63, 64
  • want of due diligence in not using the powers given by the merchants’ shipping act 64
  • arrival at Nassau 66
• the executive proceedings there a failure of the due diligence required by
  • the Treaty 66
  • the seizure of the Florida and subsequent judicial proceedings 73, 75
  • trial and release, partial and unjust character of the proceedings 75
  • departure from Nassau 75
  • arming at Green Cay 76
  • attempts to elude Spanish laws and fails, and then arrives at Mobile 76
  • coals, provisions, and receives recruitments from Nassau, January, 1863 77
  • receives fresh supplies of coal and repairs at Barbados, February, 1863 77
  • at Pernambuco 77
  • repairs and coals at Bermuda, July 15, 1863 77
  • at Brest, receives recruits and machinery from Liverpool 78
  • at Martinique at Bahia 78
  • her tenders, Great Britain liable for their acts 79
  • reasons why Great Britain is not responsible for the acts of, as set forth in the British Argument 273
  • her armament no negligence on the part of Great Britain: 287
  • Sir R. Palmer’s argument concerning her entry into Mobile 541
  • reply of the counsel of the United States to Sir R. Palmer’s argument 446
• Foreign-Enlistment Act, (see Great Britain.)
• if adopted as the measure of duties, Great Britain still guilty of culpable
  • negligence 19, 172
  • not the measure of international obligations 19
  • if defective it should have been amended 19
  • its defects were glaring 28
  • Sir Robert Phillimore’s opinion of it 28
  • Baron Channell’s opinion of it 28
  • comparison between it and the United States neutrality law of 1818 28, 167, 270
  • history of 31
  • was inefficient and its efficiency diminished by judicial construction 160
  • note regarding 220
  • debate upon the act of 1819 231, 234
  • debate upon the act of 1870 230
  • correspondence relating to amendment of 242, 309
  • consideration of, in the British Argument 269
  • its efficiency maintained by Great Britain 273
• Forster, Mr.:
  • his views regarding injuries to United States 217
• France:
  • Laws for enforcing neutrality of 32, 34
  • Course of Great Britain toward, during the American Revolution 49
• Fraser, Trenholm, &, Co.:
  • the financial agents of the insurgents 111
• Fraser, John, the:
  • coal supplied from, to the Shenandoah at Melbourne 131

G.

• Georgia, the:
  • notoriety of her construction and destination 104
  • registry, clearance and departure 107
  • armament from the Alar 108
  • information by Mr. Adams concerning 108
  • inefficient action of Her Majesty’s Government regarding 109
  • receives coals, supplies, and repairs at Simon’s Bay, and goes to Cherbourg 109
  • is sold at Liverpool 110
  • reasons why Great Britain is not responsible for the acts of, as set forth in the British Argument 281
  • her armament defended by Great Britain 285
• Government, form of:
  • its influence upon the obligation to observe due diligence, (Palmer,) 394
  • of Great Britain considered by Mr. Cushing 495
• Grant, President:
  • his Message as to the Alabama claims 196
• Granville, Lord:
  • views as to Johnson Clarendon Convention 193
  • views as to the Treaty of Washington 203, 208
• Great Britain, (see Animus, Due Diligence, Executive Dower, Foreign-Enlistment Act, Insurgent Agent, Municipal Laws, Prerogative, Unfriendliness:)
  • relation of her people to rebels changed by Queen’s Proclamation 10
  • systematic aid furnished from, to the insurgents 11, 55
  • which is the cause of great injury to the United States 12
  • the aid from was organized and official 13, 55
  • the only power which permitted such acts 13
  • contention in its Case and Counter Case 19
  • responsibility for the acts of British subjects 21
  • failure to use the prerogative power of the Crown 27, 163, 165
  • averse to legislating on the subject of neutral duties 30, 32
  • her laws compared with those of other powers 33, 38
  • her history as a neutral compared with that of the United States 38, 40, 173
  • her course as a belligerent towards neutrals 48
• invites a joint action with France in American affairs before insurrection
  • broke out 52
• determines to recognize insurgents as belligerents before insurrection
  • broke out 52
  • other unfriendly proceedings 52
  • which established an unfriendly feeling toward the United States 55
• its Government possessed enough power to carry out any course of action
  • it might adopt 149
  • the prerogative of the Crown ample for the purpose 149
  • numerous examples of its exercise during the rebellion 149
  • advantages enjoyed by it for the exercise of executive power 152
  • omnipotence of parliament 152
  • her duty under the law of nations to have seized the insurgent cruizers 153
  • failure to use due diligence to obtain information of the insurgent schemes 159
  • to instruct to maintain vigilance 160
  • regarding prosecuting officers 160
  • to break up the hostile system 160
  • by relying on the Foreign-Enlistment Act 172
  • by neglecting to amend that act 173
  • in not detaining offenders, when returning to British ports 175
  • in not excluding offending cruisers from British ports 176
  • in delaying to make representations to insurgent agents 178
  • her course regarding Mr. Adams’s representations defended 283
  • her diligence not affected by the doubtful construction of the Foreign-Enlistment Act, (Palmer) 401
  • took active and spontaneous measures to acquire information &c. (Palmer) 413
• Green Cay:
  • arriving of the Florida at 76
• Gross sum. (See Damages.)

H.

• Harding, Sir John:
  • illness of 91
• Hatteras, the:
  • destroyed by the Alabama 97
• Hickley, Commander:
  • inquires the condition of the Florida when leaving Liverpool 58
  • his opinion concerning her at Nassau 59
• Holland:
  • laws for enforcing neutrality of 36
  • course of Great Britain toward during the American Revolution 49
• Hospitalities:
  • alleged excessive to insurgents in British ports explained and justified by Great Britain 303
• Hostile acts:
  • acts done in violation of neutrality are, (Evarts) 454
• Hübner:
  • definition of neutrality 50
  • I.
• 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 189
  • 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 Case in the language of the Joint High Commissioners 205
  • 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 213
• Insurgents:
  • prevented by United States from carrying on maritime war from their own resources 7
  • make Frazer, Trenholm & Co. their financial agents 111
  • authorize the purchase or construction of a navy abroad 111
• Insurgent agent, (see Bulloch:)
  • 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 Law, Neutrality, Neutrals, Treaty of Washington:)
• the obligations, of not affected by the constitutional distribution of the
  • powers of a Government 147
  • nor by the institutions, customs, or habits of a people 147
  • calls for seasonable, appropriate, and adequate means to prevent violation of neutrality 148
  • which means should be available as soon as required 148
  • principles in force when the facts occurred 265
• Intervention, (see Belligerent Rights:)
  • what constitutes it 8
  • abstinence from it not neutrality 8
• Interest:
  • should be included in compensation for damages 220
  • Sir Bounded Palmer’s argument regarding 550
  • Counsel of the United States, argument of in reply 568
• Iron-clads, the:
  • proceedings concerning 113
• Italy:
  • laws for enforcing neutrality of 34

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 194
  • Great Britain so informed 194
• Joint High Commissioners:
  • appointment of, by the President 197

K.

• Klüber:
  • definition of neutrality 50

L.

• Laird, John, M. P.:
  • entitled to no credit as a witness, (note) 51
• Laurel, the, (see Shenandoah:)
  • sails from Liverpool with officers, armament, and crew, for Shenandoah 115
  • transfers the same to the Shenandoah 116
• Law of nations, (see International Law.) [Page 650]
  • M.
• McKillop, Commander:
  • opinion regarding the Florida 58, 73
• Marshall, C. J.:
  • his judgment in Rose vs. Himely 9
• Melbourne:
  • partiality of population of, toward insurgents 118
  • recruitment of men for the Shenandoah 119
• Merchants’ Shipping Act, the:
  • failure to use its powers in the case of the Florida 64
• Miranda expedition:
  • history of it 41
• Municipal law, (see International Law:)
  • not the measure of international obligations 18, 496
  • of Great Britain considered in the British Argument 269
  • for what purposes referred to by Great Britain, (Palmer) 393
  • of other powers, the comparison with, considered by Sir R. Palmer 405

N.

• Nashville, the:
  • arrives at Bermuda and coals there 138
  • arrives at Southampton 139
  • coals again at Bermuda 140
• Nassau:
  • sympathy of the colony with the insurgents 74
  • note concerning the same 229
• Negligence. (See Due Diligence, Great Britain.)
• Neutral, (see Intervention, international Law, Belligerent:)
  • duty of, in case of rebel hostilities 8
  • duty to prevent dispatch of armament and ships of war, (Phillimore) 20
• becomes responsible for acts of its subjects by knowledge or sufferance or
  • by direct permission 20
• Neutrality, (see Belligerent:)
  • abstinence from intervention is not 8
  • state of, how reached in case of rebel hostilities 20
  • definition of it by Phillimore 21
  • definition of it by the Counsel of the United States 22, 50
  • should be maintained by seasonable, appropriate, and adequate means 148
• unfriendliness of Great Britain should have been considered in providing
  • such means 148
• other elements which Great Britain should have considered in providing
  • its means 148
• Neutrality laws, (see Municipal Law:)
  • of the United States compared with the Foreign-Enlistment Act 481
  • amended at request of Great Britain 30
  • of Italy, Brazil, Switzerland, France, Spain, Portugal, &c., &c, compared 37, 38, 504
  • This comparison criticised by Sir R. Palmer 405
  • the preventive powers in the United States law examined, (Palmer) 405, 420
• Northcote, Sir Stafford:
  • his views on the Treaty of Washington 202, 204
  • an intense assertion of neutral obligations 48

P.

• Palmer, Sir Roundell:
  • his speech on the powers of the British Government to seize suspected vessels 25
  • his views regarding the United States performance of their duties as neutrals 40
  • his views respecting the prerogative of the Crown 151
  • his argument on due diligence, effect of commissions, and supplies of coal 385
  • his argument concerning recruitments for the Shenandoah 520
  • his argument respecting the entrance of the Florida into Mobile 541
  • his argument respecting the allowance of interest 550
• Parliament:
  • debates in 231
• Phillimore, Sir R.:
  • his authority cited 20
• Portugal:
  • law for enforcing neutrality of 35
  • war with the Banda Oriental, course of the United States during 44
• Pradier, Fodéré:
  • his views regarding the powers of arbitrators 210
  • his views regarding claims for consequential damages 222
• Prerogative, (see Great Britain:)
  • numerous examples of its exercise during the insurrection 140
  • Great Britain failed to use it in favor of the United States 163, 165
  • examination of the United States Argument upon, by Sir R. Palmer 395
  • Mr. Evart’s remarks upon 474
• Prevention:
  • distinction between it and punishment 32, 149
  • the power of, inseparable from the idea of executive power 151
  • Sir Roundell Palmer’s views as to 400
• Prizes:
  • The exclusion of from British ports no benefit to the United States 181
• Proclamation, (the Queen’s, conferring belligerent rights:)
  • was voluntary and anticipatory 10
  • changed legal relations between Great Britain and the insurgents 11
• Prussia:
  • laws for enforcing neutrality of 37
• Pursuit of cruisers:
  • note on the claim for 350

R.

• “Reasonable ground to believe:”
  • British definition of 268
  • Sir R. Palmer’s views regarding 412
  • Mr. Evarts’s views regarding 450
• Rebel hostilities:
  • questions regarding should be decided by other Powers as they arise 8
• Recruitments, (see Shenandoahi)
  • alleged illegal considered and defended by Great Britain 288
• Retribution, the:
  • history of the vessel 140
  • the capture of the Hanover 140
  • the capture of the Emily Fisher 141
  • arrives at Nassau and is sold there 142
• Ripon, Lord:
  • his views on the treaty of Washington 202, 203
• Rules. (See Treaty of Washington.)
• Russell, Earl, (see Animus:)
  • thinks the Alabama and the Orcto a scandal and reproach 93
  • is informed by the insurgent agent of the purpose of the insurgents to destroy the commerce of the United States 111
  • denies British liability for the Alabama claims 191
  • refuses arbitration 191
  • the author of the term Alabama claims 192
  • his views regarding damages 217
• Russia:
  • laws for enforcing the neutrality of 37
• Russian ships, the:
  • considered by Mr. Cushing 499

S.

• Sale:
  • of arms and contraband of war 23, 265
• Sea King, the. (See Shenandoah.)
• Seward, Mr.:
  • instructions regarding the indirect claims 190
  • Shenandoah, the 111
  • purchase of the Sea King 115
  • enlistment of part of the crew 115
  • departure from London 115
  • is armed and manned from the Laurel 116
  • information regarding, communicated to Earl Russell 117
  • she arrives at Melbourne 117
  • permission granted to coal and make repairs 118
• Shenandoah, the—continued:
  • the American Consul protests against it 117
  • permission granted to go to the public docks 118
  • partiality of people of Melbourne toward the insurgents 118
  • large recruitments of men for, at Melbourne 119, 128
  • the Colonial authorities informed of contemplated recruitments 122
  • their inefficient proceedings 122
  • further proof of recruitments furnished the authorities 124
  • the authorities parley with the commander in place of acting 125
  • further information of contemplated recruitments 126
  • refusal of the Colonial authorities to act 127
  • departure from Melbourne 128
  • excessive repairs at Melbourne 130
  • excessive supplies of coal from the John Frazer at Melbourne 130
  • arrives at Liverpool 134
  • reasons why Great Britain is not responsible for the acts of, as set forth in the British Argument 282
  • her armament defended by Great Britain 286
  • Sir Roundell Palmer’s argument regarding recruitments for 520
  • Mr. Cushing’s observations on Sir R. Palmer’s argument 532
• Ships of war, (see Vessels, Armed Vessels, Exterritoriality:)
  • their privileges in neutral ports, (Sir R. Palmer) 427
  • no rule regarding their exclusion, (Palmer) 430
  • no distinction between those of a recognized nation and those of insurgents recognized as belligerents, (Palmer) 431
• Sovereignty:
  • elements of, as to war or peace 22
• Spain:
  • laws for enforcing neutrality of 36
  • treaty between the United States and, of 1819 43
  • course of United States toward, regarding Cuba, justified 44
• Spanish American Colonies:
  • course of the United States during their war of independence 42
• Stanley-Johnson Convention:
  • negotiations of 193
• Stanley, Lord:
  • his views regarding injuries to the United States 217
• Submission. (See Treaty of Washington.)
• Sufferance. (See Neutral.)
  • Sumter, the 135, 293
  • coals at Trinidad 136
  • arrives at Gibraltar 136
  • representations of Mr. Adams concerning 136
  • sold at Gibraltar 138
  • arrives at Liverpool 138
• Sweden:
  • laws for enforcing neutrality of 37
• Switzerland:
  • laws for enforcing neutrality of 34

T.

• Tables of figures:
  • presented by the American agent, August, 19, 1872 579
  • presented by the British agent, August 19, 1872 610
• Tacony, the:
  • a tender of the Florida 79
• Tallahassee:
  • facts concerning 143, 144
• Tenterden, Lord:
  • his views regarding President Washington’s course 40
• Terceira, affair of:
  • history of it 234
  • parliamentary debate regarding 234
  • Sir R. Palmer’s views regarding 426
  • Mr. Evarts’s views regarding 483
• Thornton, Sir Edward:
  • his dispatch of April 19, 1869 194
• Treaties:
  • principles to govern construction of, (Palmer) 438
• Treaty of Washington, (see Due Diligence, International Laic, Indirect Claims, Neutrals, Neutrality:)
  • provisions respecting arbitration 14
  • provisions respecting claims 14, 15
  • rules of 15
  • 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 147
  • the obligations of Great Britain to observe them has the force of an obligation under international law 147
  • 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 313
  • Sir E. 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 100
  • proceedings regarding 100, 101
  • captures by 103

U.

• Unfriendliness of Great Britain, (see Animus, Great Britain:)
  • an element to be considered in preparing means to preserve neutrality 148
  • increased by the conduct of the British Government 162
• United States, (see Neutrality Laws:)
  • suffer great injury from aid furnished insurgents from British territory 12
  • nature of the injuries to 13
  • their neutrality law of 1818, compared with the British Foreign-Enlistment Act 28
  • their legislative history shows a constant desire to perform their duties as neutrals 29
  • their history as a neutral compared with that of Great Britain 38, 40, 162
  • their history as a neutral further examined 40, 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

V.

• Vessels, (see Armed Vessels, Exterritoriality;)
  • to which arbitration relates 185, 260

W.

• Waite, Mr.:
  • his argument on the supplies of coal 513
• Walker’s expedition:
  • defense of the conduct of the United States Government regarding 44
• Washington. (See Treaty of Washington.)
• Washington, President:
  • his course as President toward belligerent nations 29, 40
  • note regarding the same 227
• Westbury, Lord. (See Animus.)
• Wirt, Mr.:
  • his views regarding allowance of interest 220