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XII.-THE FAILURE OF GREAT BRITAIN TO FULFILL ITS DUTIES, AS ESTAB-
LISHED AND RECOGNIZED BY THE TREATY, CONSIDERED UPON THE
FACTS....
No officers charged with instituting and maintaining proceedings....
No steps taken to break up the hostile system..
160
The idea of an international duty toward the United States rejected.
The obligations of Great Britain were independent of steps taken by of-
ficers of the United States in Great Britain
161
The Government of the United States always earnest to maintain its du-
ties as a neutral.....
Absence of such earnestness on the part of Great Britain a license for
the acts of hostility complained of.........
162
Failure to ascertain extent of statutory and prerogative powers.
Failure to exercise the Royal prerogative...
163
105
The Foreign-Enlistment Act was an insufficient means for performing
international duties, and its efficacy was diminished by judicial con-
struction and official requirements...
166
Contrast between this act and the American Statute as construed and
administered.............
167
British reliance upon the Foreign-Enlistment Act a failure of due dil-
igence
172
The neglect to amend the Foreign-Enlistment Act a failure of due dil-
173
Contrast between the course of Great Britain and the course of the
United States in these respects
Failure in due diligence after the escape of the cruisers..
175
In not detaining offending cruisers when again in British ports
This obligation not determined by commissioning a cruiser
In not excluding escaped cruisers from British ports.
176
The representations to insurgent agents respecting these cruisers were
so long delayed and so feeble as to amount to want of due diligence..
The British course in these respects was voluntary.
178
181
The exclusion of prizes from British ports was no benefit to the United
States....
The responsibility of Great Britain for these failures in due diligence
continued until the end of the career of the cruisers. .
182
No evidence of the exercise of due diligence submitted by Great Britain
What vessels are under the jurisdiction of the Tribunal.
XIII.-NATURE AND AMOUNT OF DAMAGES CLAIMED BY THE UNITED STATES.
These claims all comprehended in the terms of the Treaty..
187
2. Question of jurisdiction.
Great Britain contends that the claims styled "Indirect" are not
188
within the scope of the Arbitration.
The term "indirect" not found in the Treaty
Rejoinder of the United States to the British assumption.
66
Indirect," as used in this controversy, is equivalent to "national"
The word "indirect," used in the negotiations which resulted in the
Treaty
189
Used in the same sense in this discussion.
What claims are within the jurisdiction of the Tribunal.
Résumé of negotiations respecting Alabama Claims.
Mr. Adams, November, 1862, asks "redress for private and na-
tional injuries".
Liability denied by Great Britain
United States refuse to relinquish their claims.
190
Many claims lodged during the war, but discussion deferred..
XIII-NATURE AND AMOUNT OF DAMAGES, &C.-Continued.
Reasons for calling all the claims Alabama Claims.
In April, 1865, the United States renew discussion
Responsibility of Great Britain re-asserted...
Denial of liability.
191
May, 1865, the United States classify claims as
indirect," and demand reparation for all..
"direct" and
Lord Russell the author of the term "Alabama Claims".
Great Britain denies liability for indirect and refuses arbitra-
tion for direct claims.
This term well known in October, 1866...
192
Lord Granville thinks it admits unlimited argument as to the
extent of the Alabama Claims..
193
This Convention not acceptable to the United States.
194
Mr. Johnson informs Lord Clarendon that the United States
have claims of their own on Great Britain.......
Sir Edward Thornton advises Lord Clarendon that the Conven-
tion is rejected because it is thought that it does not in-
clude the indirect claims...
Mr. Motley informs Lord Clarendon that the United States do
not abandon the national claims
195
And that the Johnson-Clarendon Convention did not afford suf-
ficient redress for the national injuries..
In January, 1871, the words "Alabama Claims" were understood
to include all claims of United States against Great Britain,
both national and individual
The proposed commission to treat of the "Alabama Claims"
United States Commissioners appointed and confirmed on the
correspondence, and their powers limited by it.....
"The Alabama Claims," the American Commissioners state their
understanding of the meaning of those words...
197
198
They propose a mode of ascertaining the amount of the dam-
ages
Without exception to the definition of the term "Alabama
Claims"
The same which were described in preliminary correspondence.
No waiver of indirect claims..
Lord Cairns says the indirect claims included in the Treaty
203
204
XIII.-NATURE AND AMOUNT OF DAMAGES, &C.-Continued.
Conclusions..
205
The American Case stated the claims in the language of the Joint
High Commissioners
Long delay in objecting to it by Great Britain..
206
Supposed concessions to United States in the Treaty.
206.
The Rules.
Rules for measuring damages
212
Severity to be shown to the wrong-doer in claims founded on torts.
As to property of the United States destroyed.
215
As to property destroyed and injuries inflicted upon citizens of
the United States..
As to expenses in pursuit of the cruisers..
216
Alleged condonement by the United States.
218
The arbitration substitutes damages in the place of reparation by
Whether too remote for consideration to be determined by the
Tribunal..
General considerations..
221
222
The United States do not desire extreme damages..
223
The jurisdiction of the question belongs to the Tribunal
Without an adjudication upon it there will not be a full settlement
of all differences.
224
Conclusion...
NOTE A.-OBSERVATIONS ON CERTAIN SPECIAL CRITICISMS IN THE BRITISH
COUNTER CASE ON THE CASE OF THE UNITED STATES...
NOTE B.-EXTRACTS FROM VARIOUS DEBATES IN THE PARLIAMENT OF GREAT
BRITAIN REFERRED TO IN THE FOREGOING ARGUMENT
231
NOTE B.-EXTRACTS, &C.-Continued.
1. The Foreign-Enlistment Act of July 3, 1819.
2. Lord Althorp's motion for the repeal of the Foreign-Enlistment
Act..
234
NOTE C.-MEMORANDUM OF CORRESPONDENCE AND DOCUMENTS RELATING TO
THE AMENDMENT OF THE ENGLISH FOREIGN-ENLISTMENT ACT,
1861-71...
242
NOTE D.-CONSIDERATION OF THE CLAIMS ARISING IN THE DESTRUCTION OF
VESSELS AND PROPERTY BY THE SEVERAL CRUISERS
248
Detailed statements have been presented.
With the evidence furnished by the claimants to support them.
The United States desire an award of a sum in gross on the evi-
dence presented........
British criticisms on this evidence.
The answer to such criticisms..
249
Injustice of the British estimates of the value of the vessels de-
stroyed...
ARGUMENT OR SUMMARY, SHOWING THE POINTS AND REFERRING TO THE
EVIDENCE RELIED UPON BY THE GOVERNMENT OF HER BRITANNIC
MAJESTY IN ANSWER TO THE CLAIMS OF THE UNITED STATES PRE-
SENTED TO THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER
ARTICLE I OF THE TREATY CONCLUDED AT WASHINGTON ON THE 8TH
MAY, 1871, BETWEEN HER BRITANNIC MAJESTY AND THE UNITED
STATES OF AMERICA.
The Sumter, Nashville, Tallahassee, Chickamauga, and Retribution
263
General principles of International Law in force when the facts occurred.......
265
British law and powers of the Executive in Great Britain
269
Facts which must be proved before an award can be made against Great
Britain
The Shenandoah
ARGUMENT OF SUMMARY, &c.-Continued.
Conclusion as to the Florida, Alabama, Georgia, and Shenandoah
282
283
General course pursued by the British Government in regard to the represen-
tations made by Mr. Adams..
Charge that the armament of certain vessels was procured from Great Britain
Charge that the crews of certain vessels were partly composed of British
subjects.
Charge as to Confederate Agencies in Great Britain for war purposes.
Complaint that Confederate cruisers visiting British ports were not seized
and detained..
Complaint as to hospitalities accorded to Confederate cruisers in British
ports
288
290
295
303
Review of the grounds on which the claims of the United States rest.
Character of the claims of the United States..
304
Observations on the principle and measure of compensation
Conclusion..
307
ANNEX A. COMMUNICATIONS BETWEEN THE BRITISH AND AMERICAN GOV-
ERNMENTS DURING THE CIVIL WAR, WITH REFERENCE TO THE STATE OF
THE NEUTRALITY LAWS OF GREAT BRITAIN..
309
ANNEX B. FRENCH TRANSLATION OF THE THREE RULES IN ARTICLE VI
OF THE TREATY OF WASHINGTON....
313
ANNEX C. REPORT OF THE COMMITTEE APPOINTED BY THE BOARD OF
TRADE.
Table No. 1. Showing progressive increase in the amount of claims
for losses incurred through the respective cruisers as stated at dif-
ferent periods...
Table No. 2. Showing the result of the corrections and re-appropria-
tions of the claims and the corresponding allowances in summa-
ries Nos. 1, 2, and 3, of First Report, in accordance with remarks
in present Report....
335
338
339
340
341
342
343
Table No. 3. Showing, under respective divisions of classes, interest,
and cruisers, the claims advanced under the Revised Statement,
together with the allowances to meet them
346
Table No. 4. Showing the vessels captured by the Alabama, the valu-
ation the captors placed on each vessel, the allowance deemed ad-
equate for each, &c..
348
ANNEX D. FURTHER NOTE ON THE CLAIM PRESENTED BY THE GOVERN-
MENT OF THE UNITED STATES FOR EXPENDITURE ALLEGED TO HAVE
BEEN INCURRED IN THE PURSUIT AND CAPTURE OF CONFEDERATE CRUIS-
ERS. EFFORTS MADE TO CAPTURE CONFEDERATE CRUISERS..
Inadequacy and want of concert of United States naval force abroad, &c
Errors in the synopsis of orders