discussed in the negotiations preceding the Treaty 189 the Johnson-Clarendon Convention fails because they are not included 195 not waived by the Joint High Commissioners 199 set forth in the American Case in the language of the Joint High Commis- 205 the relation between, and their cause, which is requisite to found a claim 213 Insurgents: prevented by United States from carrying on maritime war from their own resources.. 7 make Frazer, Trenholm & Co. their financial agents 111 111 Insurgent agent, (see Bullock :) 111 111 established in Great Britain before the outbreak of the insurrection.... 112, 115 the obligations, of not affected by the constitutional distribution of the 147 nor by the institutions, customs, or habits of a people 147 calls for seasonable, appropriate, and adequate means to prevent violation sails from Liverpool with officers, armament, and crew, for Shenandoah.... 115 116 Law of nations, (see International Law.) partiality of population of, toward insurgents. Merchants' Shipping Act, the: failure to use its powers in the case of the Florida ... Miranda expedition : history of it. Municipal law, (see International Law :) 58,73 9 118 119 64 41 for what purposes referred to by Great Britain, (Palmer) 18,496 269 393 of other powers, the comparison with, considered by Sir R. Palmer duty to prevent dispatch of armament and ships of war, (Phillimore).......... by direct permission.......... Neutrality, (see Belligerent :) abstinence from intervention is not state of, how reached in case of rebel hostilities. 13- 139 140 74 20 20 Neutrality laws, (see Municipal Law :) 20 definition of it by Phillimore definition of it by the Counsel of the United States. 22,50 should be maintained by seasonable, appropriate, and adequate means... 148 other elements which Great Britain should have considered in providing 148 148 4-1 30 37, 3,504 405 202.204 of the United States compared with the Foreign-Enlistment Act.... of Italy, Brazil, Switzerland, France, Spain, Portugal, &c., &c., com- This comparison criticised by Sir R. Palmer.. the preventive powers in the United States law examined, (Palmer) his speech on the powers of the British Government to seize suspected his views regarding the United States performance of their duties as neu- his views respecting the prerogative of the Crown. 4- his argument on due diligence, effect of commissions, and supplies of his argument concerning recruitments for the Shenandoah Phillimore, Sir R.: his authority cited Portugal: law for enforcing neutrality of...... war with the Banda Oriental, course of the United States during... his views regarding the powers of arbitrators... his views regarding claims for consequential damages.. Prerogative, (see Great Britain :) numerous examples of its exercise during the insurrection examination of the United States Argument upon, by Sir R. Palmer... Prevention : distinction between it and punishment the power of, inseparable from the idea of executive power. Prizes: The exclusion of from British ports no benefit to the United States ... was voluntary and anticipatory... changed legal relations between Great Britain and the insurgents... questions regarding should be decided by other Powers as they arise..... alleged illegal considered and defended by Great Britain Retribution, the: history of the vessel... the capture of the Hanover. the capture of the Emily Fisher arrives at Nassau and is sold there Russell, Earl, (see Animus :) thinks the Alabama and the Oreto a scandal and reproach. is informed by the insurgent agent of the purpose of the insurgents to de- stroy the commerce of the United States.. Page. 20 35 44 210 222 149 163, 165 395 474 32.149 151 400 181 10 11 37 350 268 412 450 288 140 140 141 142 202, 203 93 111 191 191 192 217 37 499 23, 265 190 111 115 115 115 116 117 117 118 Shenandoah, the-continued: the American Consul protests against it. Paz. 117 11- partiality of people of Melbourne toward the insurgents 118 119, 12- the Colonial authorities informed of contemplated recruitments. further proof of recruitments furnished the authorities.. 122 122 124 the authorities parley with the commander in place of acting 1257 126 127 departure from Melbourne excessive repairs at Melbourne. 125 130 excessive supplies of coal from the John Frazer at Melbourne. 130 134 reasons why Great Britain is not responsible for the acts of, as set forth in no distinction between those of a recognized nation and those of insurgents course of United States toward, regarding Cuba, justified Spanish American Colonies: course of the United States during their war of independence . his views regarding injuries to the United States..... Submission. (See Treaty of Washington.) Sufferance. (See Neutral.) Treaty of Washington, (see Due Diligence, International Law, Indirect Claims, provisions respecting arbitration. rules of... these rules the imperative law in this controversy. how the first rule is to be applied to the facts. how the second and third rules are to be applied the rules call for seasonable, appropriate, and adequate means to preserve claims comprehending it a prize captured by the Alabama and fitted as a tender.. ca ptures by... Page. 14 14,15 146, 147, 443 147 147 149 187 189 196 197 200 206 239 267 313 426 472 16 .18, 159, 257 157 210 100 100, 101 103 U. Unfriendliness of Great Britain, (see Inimus, Great Britain :) an element to be considered in preparing means to preserve neutrality.. United States, (see Neutrality Laws:) 148 162 suffer great injury from aid furnished insurgents from British territory 12 13 their neutrality law of 1818, compared with the British Foreign-Enlistment 28 their legislative history shows a constant desire to perform their duties as their history as a neutral compared with that of Great Britain. treaty with Spain of 1819...... their alleged condonement.... the failure of their officers does not release Great Britain. their views of "due diligence" in practice. defense of the conduct of the United States Government regarding 29 .38, 40, 162 .40, 46, 228 43 161 218 410 185, 260 513 44 29,40 227 220 |