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RELATING TO

THE TREATY OF WASHINGTON.

VOLUME III.-GENEVA ARBITRATION.

CONTAINING THE ARGUMENT OF THIE UNITED STATES; ARGUMENT OF HER
BRITANNIC MAJESTY'S GOVERNMENT; AND SUPPLEMENTARY

STATEMENTS OR ARGUMENTS MADE BY THE

RESPECTIVE AGENTS OR COUNSEL.

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Res let. 29. 1874

TABLE OF CONTENTS.

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

iu the exercise of belligerent powers by the Sovereign

Nop-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 contemding parties which resembles what is known
as neutrality when exerciseul 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 calleil 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

Which resulted from aid and assistance originating in British jurisdic-

tion

This aid was organized, systematic, and official

Nature of the injuries inflicted on the United States.

No nation but Great Britain instrumental in intlicting them

They form the subject of this arbitration...

Provisions of the Treaty of Washington respecting the arbitration.

Description of the claims

The Rules of the Treaty

The provisions of Article VII

Effect of an award...

The measure of indemnity claimed

The claims preferred are national

The authority of the Tribunal absolute for their determination

Its award will be final.

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