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RELATING TO
THE TREATY OF WASHINGTON.
VOLUME III-GENEVA ARBITRATION.
CONTAINING THE ARGUMENT OF THE UNITED STATES; ARGUMENT OF HER BRITANNIC MAJESTY'S GOVERNMENT; AND SUPPLEMENTARY STATEMENTS OR ARGUMENTS MADE BY THE RESPECTIVE AGENTS OR COUNSEL.
TABLE OF CONTENTS.
I.
ARGUMENT OF THE UNITED STATES DELIVERED TO THE TRIBUNAL OF
ARBITRATION AT GENEVA, JUNE 15, 1872.
I. INTRODUCTION :
Argument presented in accordance with provisions of the Treaty of
Washington
The respective Cases and Documents.
Counter Cases.
The issues to be determined are now settled
II. THE CONTROVERSY SUBMITTED TO ARBITRATION:
The Arbitrators already acquainted with the general nature of the facts..
In suppressing an armed insurrection the United States exercised bellig-
erent powers, and prevented insurgents from carrying on maritime
war from their own resources
The right to do this unquestioned; other nations no parties to the con- flict
Abstinence of intervention by another Power is not neutrality
It is a maintenance of previously existing relations
Other Powers have to decide in such case only whether they acquiesce in the exercise of belligerent powers by the Sovereign..
Non-acquiescence is intervention..
Questions arising beyond territorial limits of the Sovereign should be de-
cided as they arise....
Such course secures impartiality and, when justified by results, an
equality between contending parties which resembles what is known
as neutrality when exercised between rightful belligerents
This principle recognized by United States Supreme Court
Previous instances in point
Belligerent powers belong to the Sovereign of right; to the rebel of suf-
ferance
Conferring belligerent rights on insurgents by Great Britain was an in-
tervention
The Queen's proclamation
was voluntary and anticipatory.
was not called for by the relations between the Governments.
had no justification..
and changed the legal relations between Great Britain and the in-
surgents.
Its effect upon the act of carrying on war on the high seas
Its effect upon commercial contracts....
It was followed by systematic contributions in aid of the insurgents
The United States suffered great injuries
11
12
Which resulted from aid and assistance originating in British jurisdic-
tion
This aid was organized, systematic, and official
13
Nature of the injuries inflicted on the United States..
They form the subject of this arbitration....
No nation but Great Britain instrumental in inflicting them.
Provisions of the Treaty of Washington respecting the arbitration.
Description of the claims.
The Rules of the Treaty
14
15
16
The authority of the Tribunal absolute for their determination
Its award will be final......