11. That this obligation is not discharged by a fraudulent attempt of the offending vessel to evade the provisions of a local municipal law.

12. That the offense will not be deposited so as to release the liability of the neutral, even by the entry of the offending vessel into a port of the belligerent, and there becoming a manof-war, if any part of the original fraud continues to hang about the vessel.

Failures to Perform
Neutral Duties.

In the fourth chapter the Case of the United States discussed the particular matters "wherein Great Britain failed to perform its duties as a neutral." When the authorities at Richmond, who had no ports of their own in which vessels could be built, equipped, or fitted out, or into which prizes could be brought, were sure that their right to carry on a maritime war would be recognized by Great Britain, they sent Mr. J. D. Bullock, who had been an officer in the Navy of the United States, to Great Britain for the purpose of contracting for and superintending the construction of men-of-war. Mr. North, also formerly of the United States Navy, was empowered "to purchase vessels" for the insurgents; and Mr. Caleb Huse, formerly of the Ordnance Department of the Army of the United States, was sent to London "for the purchase of arms and munitions of war." They continued to discharge their duties during most of the struggle. The means for carrying on these operations were to be derived from the proceeds of the Southern cotton crop, and the insurgent agents established a credit in Liverpool upon the faith of it. To carry out this plan a firm under the name of Frazer, Trenholm & Co., composed of merchants from Charleston, South Carolina, established a branch in Liverpool. This branch was in charge of Charles K. Prioleau, a member of the Charleston firm, who became a naturalized British subject. The head of the firm, George A. Trenholm, remained in Charleston, and became secretary of the treasury of the government at Richmond. An arrangement was made by which the cotton of the insurgent authorities was to be sent to Frazer, Trenholm & Co., to be drawn against by the purchasing agents of the insurgents. "Thus there was early established in Great Britain," said the American Case, "a branch of the war department of the insurgents, a branch of their navy department, and a branch of their treasury, each with almost plenary powers. These things were done openly and notoriously."

In this way, said the Case of the United

The Port of Nassau. States, blockade runners, beginning with the steamer Bermuda, were sent out by the Confederate agents. The difficulties, however, which the Bermuda encountered in running the blockade led to the establishment by the insurgents of a set of agents in the British West Indies. Purchases made in England were sent to Nassau in British bottoms and were there transshipped into steamers of light draft and great speed, constructed for the purpose, which could carry coal enough for the short passage from Nassau to Charleston, Savannah, or Wilmington. Mr. Lewis Heyliger, of New Orleans, went to Nassau and remained there as the agent and representative of the insurgents during the rebellion. He obtained from the colonial authorities a modification of the existing laws, so as to allow the privilege of breaking bulk and of transshipment. This modification was all the insurgents wanted. It converted the port of Nassau into an insurgent port, which could not be blockaded by the naval forces of the United States. The Case of the United States asked the tribunal to find that this act was a violation of the duties of a neutral.

Not long afterward Earl Russell informed the lords commissioners of the admiralty that, during the continuance of the pending hostilities, no ship of war or privateer belonging to either of the belligerents should be permitted to enter or remain in Nassau or any other port or in the waters of the Bahama Islands, except by special leave of the lieutenantgovernor or in case of stress of weather. Under this "unfriendly order" vessels of war of the United States were, said the Case of the United States, excluded from those waters, while they were open to vessels of the insurgents, owned by the authorities at Richmond, and bringing their cotton to be transshipped into British bottoms to Frazer, Trenholm & Co., in Liverpool, and in turn taking on board the cargoes of arms and munitions of war which had been dispatched thither from Liverpool. At the very time these things were going on, the colonial secretary at Nassau declined to permit coal to be landed there for the Government of the United States, except on condition that it should not be reshipped or otherwise used in any manner which might, in the opinion of the law authorities of the colony, involve a breach of the neutrality proclamation of the 13th of May 1861; and particularly that it should not be used for the purpose of coaling or affording facilities for coaling the vessels of war of

the United States during the continuance of hostilities. The sincerity of the colonial authorities might, said the Case of the United States, be estimated by the fact (1) that, although the Queen's proclamation inhibited Her Majesty's subjects from breaking or endeavoring to break a lawful blockade, yet those authorities, in order to prevent vessels engaged in that business from being intercepted, permitted the cargoes to be transshipped for that very purpose; (2) that they also, in opposition to that proclamation, facilitated shipments of contraband; and (3) that, although the proclamation did not mention coal, and although coal was not regarded by Her Majesty's government as an article necessarily contraband of war, yet the Government of the United States was forbidden by the colonial authorities to deposit its coal at Nassau, except on condition that it would not be used. The attention of Earl Russell was called by Mr. Adams to the use which the insurgents were making of the port of Nassau as a depot of supplies, and his lordship replied that he had received "a report from the receiver-general of the port of Nassau stating that no warlike stores" had "been received at that port," and that "no munitions of war" had "been shipped from thence to the Confederate States." The failure of Her Majesty's government to ascertain facts which were all within its reach, after Mr. Adams had called attention to them, was, said the Case, a neglect of the diligence which was "due" from Great Britain to the United States, and tainted all the subsequent conduct of Great Britain toward the United States during the struggle. The instructions issued from the foreign office, prescribing the amount of hospitalities to be extended to the belligerents, were summarized in the Case of the United States as follows:

Hospitalities to the
Confederates.

"1. No ship of war or privateer of either belligerent was to be permitted to enter any port, roadstead, or water in the Bahamas except by special leave of the lieutenant-governor, or in case of stress of weather; and in case such permission should be given, the vessel was nevertheless to be required to go to sea as soon as possible, and with no supplies except such as might be necessary for immediate use.

"2. No ship of war or privateer of either belligerent was to be permitted to use British ports or waters as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities of warlike equipment.

"3. Such ships or privateers entering British waters were to be required to depart within twenty-four hours after entrance, except in case of stress of weather, or requiring provisions or