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I. Report of J. C. Bancroft Davis--Continued.

Effect of a commission; position of the United States.

10

British position

10

American rejoinder.

10

Views of Viscount d'Itajuba.

10

Decision of the tribunal..

10

Supplies of coal; position of the United States

11

Decision of the tribunal.

11

Views of Mr. Adams...

11

Views of Count Sclopis.

11

Views of Mr. Staempfli

11

Views of Viscount d'Itajuba ..

12

Municipal laws of England cannot be set up in justification

12

The tribunal pass upon the Sumter, Nashville, &c., notwithstanding Brit-

ish objections...

12

Sir A. Cockburn's dissenting opivion...

12

He is the representative of Great Britain.

12

His charges against the American counsel

12

They need no vindication ....

13

No opportunity offered to consider or object to the cbarges..

13

He charges the case with abuse and hostility

13

The reasons for those charges....

13

The justice of the line of argument in the American case admitted.

13

Lord Russell justifies it

14

Lord Westbury justifies it

14

The results of the tribunal a vindication of the policy of arbitration.

14

II. Protocols of the conferences of the arbitrators

15

1. Organization, and delivery of cases..

15

2. Adjournment to June 15..

16

3. Delivery of American argument; British motion for adjournment.

17

4. Adjournment.

19

5. Arbitrators declare indirect claims not a subject for computation of damn-

ages -

19

6. The United States acquiesce in the decision,

20

7. Decision made official. British argument filed.

Sir R. Palmer moves

for re-argument; motion denied..

21

8. Sir A. Cockburn moves for re-argument; motion denied

25

9. Order of proceedings.

10. Same subject. Mr. Staempfli's paper; Sir A. Cockburn's renewed motion

for argument..

27

11. The Florida...

28

12. The Florida.

13. Sir A. Cockburn's motion for argument denied : the Alabama.

14. Argument ordered as to due diligence, effect of commissions and sup-

plies of coal: the Alabama ..

30

15. British arguments submitted: Sumter, Nashville, and Chickamauga. 30

16. Tallabassee and Retribution..

31

17. Oral argument of Mr. Evarts...

31

18. Arguments of Mr. Evarts and General Cushing

32

19. Retribution : argument of Mr. Waite ..

32

20. Sallie, Jett. Davis, Music, Boston, and V. H. Joy

33

21. Effect of commission ; new evidence submitted by Great Britain.

33

22. The Georgia ....

34

23. The Shenandoah; new tables presented by the agents..

34

24. The Shenandoah ; argument ordered on the effect of the entry of the

Florida into Mobile.

35

25. Lord Tenterden's statement about tables presented by Mr. Davis; argi-

ments as to Florida ; decisions as to Sumter, Nashville, Retribution,

Georgia, Tallahassee, Chickamauga, and Shenandoah...

36

26. Lord Tenterden presents new tables ; decisions as to Florida, Tuscaloosa,

Clarence, Tacony, and Archer; Mr. Davis replies to Lord Tenterden's

remarks on the American tables....

37

27. Claims for expenses for pursuit of cruisers, for prospective profits, and

for gross freights rejected...

43

28. Argument ordered respecting interest.

29. Mr. Staempfli's statement, and Sir A. Cockburn's memorandum regard-

ing a sum in gross...

30. Regarding draught of decision

47

31. Form of decision adopted ; Viscountd'Itajuba respecting supplies of coal.. 47

32. Signature of award and dissolution of tribunal..

48
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III. Decision and award

Recitals

Award

Due diligence

Effect of a commission

Exterritoriality of vessels of war

Effect of want of notice

Supplies of coal ..

Responsibility for acts of Alabama

Responsibility for acts of Florida

Responsibility for the acts of the Shenandoal after leaving Melbourne

Responsibility for the acts of the Tuscaloosa, Clarence, Tacony, and

Archer ...

No responsibility for the Retribution, Georgia, Sumter, Nashville, Talla-

hassee, or Chickamauga

The Sallie, Jeff. Davis, Music, Boston, and V. H. Joy not taken into con-

sideration ....
Claims for cost of pursuit not allowed
Same as to prospective earnings
Only net freights allowed ...

Fifteen and a half millions awarded for compensation

IV. Opinions of the arbitrators

Opinions of Count Sclopis

Due diligence..

British unfriendliness.

Vessels which have received commissions.

Supplies of coal...

The Alabama...

The Shenandoah

The Florida....

Opinions of Viscount d'Itajuba.

Effect of a commission

The Florida

The Alabama

The Georgia, Sumter, Nashville, Retribution, Tallahassee, and Chicka-

mauga

The Sallie, Jeff. Davis, Music, Boston, V. H. Joy.

Shenandoah..

Opinions of Mr. Stæmpfli.

Opinions on the questions of law as to which the tribunal of arbitration

requested elucidation....

Rules of the treaty take precedence.

Questions to be decided

Definition of facts...

Vessels whose acts are to be adjudicated upon

The Florida

The Alabama..

The Shenandoah.

The Sumter..

The Retribution..

Opinions of Mr. Adams.

Due diligence

The effect of commissions.

Supplies of provisions and coals.

The Florida ..

The Alabama..

The Tuscaloosa.

The Georgia..

The Shenandoah.

The Sumter.

The Nashville

The Chickamauga.

The Tallahassee ..

The Retribution.

Opinions of Sir Alexander Cockburn

Causes of complaint brought forward by the United States.

Rules of the treaty of Washington...

Difficulty arising from the treaty

Elements of nentrality ...

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IV. Opinions of the arbitrators--Continued.

Obligations of the neutral state.....

Obligations of the subjects of a neutral state.

Liability of the state for acts of its subjects..

Rights of neutral subjects in respect of trade.

Difference between a state and its subjects in regard to trade.

Effect of war on neutral trade....

Blockade and contraband of war.

Different view

M. Hautefeuille...

No obligation on neutral governments to prevent trade in contraband of

war, or with blockaded ports.

M. Ortolan...

Ships of war and coals...

Passive commerce of the neutral.

Lampredi

Azuni.

Massé..

M. Ortolan.

Heffter....

Professor Bluntschli

Sir R. Phillimore...

M. Hautefeuille...

Practice in former wars.

American authorities...

Purchase of contraband of war by the Government of the United States.

Result of discussion ....

Sale of ships......

Professor Bluntschli.

Opinion of Dana....

Opinion of M. Ortolan.

Opinion of Professor Bluntschli

Opinion of M. Rolin Jacquemyns.

Opinion of the judges of England.

Case of the Santissima Trinidad..

Judgment of Mr. Justice Story

Case of the Gran Para....

American review....

Opinion of Mr. Adams

Question as to prohibition of sale of articles contraband of war.

Ship of war sent out for immediate service

Armament and crew sent out in different ships....

Duty of neutral government....

American argument as to effect of foreign-enlistment act.

British and American acts.

As to effect of act of 1870...

Right conferred on belligerent by municipal law

Effect of proclamation...

Equipment of vessels under rules of treaty

Construction of rules of treaty..

Due diligence, what?

Opinions of jurists...

Same principle applied to government.

Heads of diligence

Law...

Means at disposal of government.

Action of government

Errors of judgment....

Delay...

Seizure of vessels..

Judicial miscarriage.

Liability for acts of subordinates.

Municipal law of Great Britain.

Foreign-enlistment act...

Preventive law....

Comparison with American acts..

Preventive powers of British and American acts

British act of 1870...

Negotiations for amendment of the foreign-enlistment act during the civil

war

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IV. Opinions of the arbitrators-Continued.

Comparison with foreigu laws.

Law of Austria

Law of Prussia.

Law of Switzerland.

Law of France...

Law of Belgium..

Law of the Netherlands.

Law of Spain......

Law of Portugal and Brazil.

Law of Italy...

Law of Denmark.

Law of Sweden ..

Law of Russia...

Law as to privateers.

Comparison between Great Britain and United States as to observance of

neutrality...

Legislation of 1794.

Complaints of Spain.

Complaints of Portugal.

American act of 1838.

Expedition of Lopez against Cuba..

Walker's expedition against Mexico and Central America.

Fenian raids....

Expedition in aid of the Cuban insurrection

Complaints of unfriendliness..

Alleged evidence of unfriendly feeling.

Complaints of unfriendly conduct.

Acknowledgment of belligerency.

Vattel

Hautefeuille

Professor Bluntschli.

Mr. Dana....

The Santissima Trinidad

Whether acknowledgment premature.

Recognition of belligerency.

Course pursued by foreign powers.

Question as to confederate vessels..

Discussion with government of the Netherlands

Correspondence with Brazil.

Correspondence with Spain ...

Correspondence with French government

Correspondence with British government.

Regulations of June 1, 1861..

Regulations of 31st January, 1862

As to Nassau...

Alleged partiality as to coaling.

Supplies of arms obtained from Great Britain.

Ships obtained from Great Britain...

Steps taken by the British government

The Bermuda....

The Georgiana..

Vessels at Glasgow.

The Phantom and Southerner.

The Alexandra......

The South Carolina..

The Gibraltar or Sumter.

Iron-clads at Birkenhead.

The Canton or Pampero

Iron-clad ram at Glasgow.

The Rappabannock..

The Amphion...

The Hawk...

The Ajax, the Hercules, the Virginia, the Louisa Ann Fanny.

Anglo-Chinese fleet.

General results.....

Proceedings of other governments

Brazil..

Portugal

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349

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IV. Opinions of the arbitrators---Continued.

France..

The Stonewall

Complaints of blockade-running

Sympathy in the colonies ..

Application to particular vessels.

The Florida...

At Liverpool

At Nassau.

Alleged recruitment of crew.

Florida after leaving Green Cay

Question as to effect of going into and remaining at Mobile.

After Mobile

Case of the United States vs. De Quincy.

Question whether the Florida should have been seized on again coming

iuto a British port....

Effect of commissions on ships of war.

Ships of war exterritorial

Heffter..

Sir R. Phillimore..

Ortolan..

Case of the Exchange.

Commission of mere belligerent..

Effect of alleged violation of neutral territory.

Hautefeuille

Ortolan....

Duty of seizing for breach of municipal law.

Duty of excluding from neutral ports.

Case of the Cassius...

Stay of belligerent ships in neutral ports ; supplies of coal there

Power of neutral sovereign..

Law as asserted byt he United States.

Whether coaling makes a port a base of naval operations.

Right of asylum.

Supply of coal.

At Nassau

At Nassan

At Barbadoes

At Nassau

At Bermuda

At Brest

At Martinique

Again at Bermuda

The Alabama

At Liverpool

After leaving Liverpool

Arming off Terceira.

At Martinique

At Jamaica

At the Cape of Good Hope..

In the eastern seas..

At Cherbourg

Tuscaloosa

Georgia...

Shenandoah..

At Melbourne

Supply of coal..

Melbourne a base of naval operations.

After leaving Melbourne..

Sumter ...

At Trinidad.

At Gibraltar

At Liverpool

Nashville ...

At Bermuda..

At Southampton.

Again at Bermuda.

Chickamauga

Tallahassee..

Retribution

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