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
  • [Page 644]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:)
  • 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
  • [Page 645]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:
  • 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
    • [Page 646]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
  • [Page 647]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
  • [Page 648]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
  • 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:
  • 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.)
  • 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
  • other elements which Great Britain should have considered in providing
  • 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:
  • [Page 651]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
  • [Page 652]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:
  • 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
  • [Page 653]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;)

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
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