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:)
- Alar, the:
- armament of the Georgia, from her 108
- Alexandra, the:
- proceedings concerning 113
- Amicable settlement. (See Treaty of Washington.)
- Animus:
- Arbitration, (see Tribunal of Arbitration:)
- Archer, the:
- Armed vessels:
- Arms:
- purchase of, not forbidden by international law, (note) 51
- Asylum:
- doctrine of, considered by Mr. Evarts 459
- Award:
- 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:
- Base of naval operations:
- Belgium:
- laws for enforcing neutrality of 36
- Belligerent:
- Belligerent power:
- Belligerent rights:
- Bernard, Mr. Montague, (see Animus:)
- Blockade-running:
- carried on under British flag with toleration of British Government 143
- Brazil:
- 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:
C.
- Cairns, Lord:
- Calvo:
- Canada:
- case of, cited 220
- Canning, Mr.:
- his views regarding the performance by the United States of their duties as neutrals 40
- Cases:
- 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:
- Cobden, Mr.:
- Cockburn, Sir Alexander:
- his opinion regarding the Georgia in 1864 108
- Commissions:
- Confederate agencies:
- their establishment in Great Britain defended and justified 290
- Constitutional disabilities, (see International Law:)
- Contraband of war, (see Sale:)
- Counter Case:
- of the two Governments delivered April 15, 1872, with proofs 5
- Crimean War:
- Cuba, (See Spain:)
- Cushing, Mr.:
- 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:
- 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
- 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:
- 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:
- Grant, President:
- his Message as to the Alabama claims 196
- Granville, Lord:
- 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
- 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:
- Holland:
- 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:
- Insurgent agent, (see Bulloch:)
- International law, (see Municipal Law, Neutrality, Neutrals, Treaty of Washington:)
- the obligations, of not affected by the constitutional distribution of the
- Intervention, (see Belligerent Rights:)
- Interest:
- 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:
- 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:)
- Law of nations, (see International Law.)
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- M.
- McKillop, Commander:
- Marshall, C. J.:
- his judgment in Rose vs. Himely 9
- Melbourne:
- 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:)
N.
- Nashville, the:
- Nassau:
- Negligence. (See Due Diligence, Great Britain.)
- Neutral, (see Intervention, international Law, Belligerent:)
- becomes responsible for acts of its subjects by knowledge or sufferance or
- by direct permission 20
- Neutrality, (see Belligerent:)
- 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:
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:
- Pradier, Fodéré:
- Prerogative, (see Great Britain:)
- Prevention:
- Prizes:
- The exclusion of from British ports no benefit to the United States 181
- Proclamation, (the Queen’s, conferring belligerent rights:)
- Prussia:
- laws for enforcing neutrality of 37
- Pursuit of cruisers:
- note on the claim for 350
R.
- “Reasonable ground to believe:”
- 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:
- Ripon, Lord:
- 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:
- 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:)
- Sovereignty:
- elements of, as to war or peace 22
- Spain:
- 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.)
- Sweden:
- laws for enforcing neutrality of 37
- Switzerland:
- laws for enforcing neutrality of 34
T.
- Tables of figures:
- Tacony, the:
- a tender of the Florida 79
- Tallahassee:
- Tenterden, Lord:
- his views regarding President Washington’s course 40
- Terceira, affair of:
- 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:
- Tuscaloosa:
U.
- Unfriendliness of Great Britain, (see Animus, Great Britain:)
- 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.
W.