serve of any or either of the said Arbitrators, or in the event of either of the said Arbitrators omitting or declining or ceasing to act as such, the President of the United States, or Her Britannic Majesty, or His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, as the case may be, may forthwith name another person to act as Arbitrator in the place and stead of the Arbitrator originally named by such Head of a State.

"And in the event of the refusal or omission for two months after receipt of the request from either of the High Contracting Parties of His Majesty the King of Italy, or the President of the Swiss Confederation, or His Majesty the Emperor of Brazil, to name an Arbitrator either to fill the original appointment or in the place of one who may have died, be absent, or incapacitated, or who may omit, decline, or from any cause cease to act as such Arbitrator, His Majesty the King of Sweden and Norway shall be requested to name one or more persons, as the case may be, to act as such Arbitrator or Arbitrators." 73

The next four articles provided for the meeting of the Court at Geneva, for the limit of time and manner

73

13 Papers relating to the Treaty of Washington. Volume I. Geneva Arbitration. Washington: Government Printing Office 1872, page 12.

of preparing the cases and counter cases, and the entation of arguments on each side.

pres

In the sixth article the two powers agreed upon three rules that should apply to the case. The three rules were as follows:

"A neutral Government is bound

66

First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at Peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction to warlike use.

Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men.

Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.'

74

These rules were followed with a declaration in the

"Papers relating to the Treaty of Washington. Volume I. Geneva Arbitration. Washington: Government Printing Office, 1872, pages 14, 207 et seq.

same article by the English Government that it did not assent to the "rules as a statement of the principles of International Law which were in force at the time" the Alabama claims arose, but in order to strengthen "the friendly relations between the two countries, the Arbitrators should assume that Her Majesty's Government had undertaken to act upon the principles set forth" in the rules.

*

The other five articles-from seven to eleven both inclusive-related to the manner of rendering the decision, the part each nation should bear of the expenses of the Court, that a majority of the Court should decide, and that the decision should be final.

These eleven articles secured a decision upon all claims national as well as individual growing out of the acts committed by the Confederate cruisers, and

generically known as the Alabama claims." The United States Senate confirmed the treaty, May 24th, Senator Sumner voting for it.

In England there were signs of relief that a plan for the settlement of the Anglo-American differences at length was agreed upon: but there was also some criticism of the treaty. Earl Russell attacked it in the House of Lords, June 12th, 1871. The three rules were criticised severely it was said that they would prevent neutral traders from selling arms and munition of war in the ordinary course of commerce.

The United States chose for their agent Mr. J. C. Bancroft Davis, to whom they entrusted the preparation of their case for their counsel they appointed William M. Evarts, Caleb Cushing, and Morris R. Waite, afterwards Chief Justice of the Supreme Court.

Great Britain entrusted the preparation of her case to the Lord Chancellor, with the assistance of Lord Tenderden and Professor Bernard: she named Sir Roundell Palmer as her counsel.

In accordance with the provisions in Article I. for the appointment of the members of the Tribunal, the President of the United States named as arbitrator Charles Francis Adams, who during the long course of the war and for more than two years after represented and defended American interests with such rare courtesy and ability; the Queen of England chose Sir Alexander Cockburn, Lord Chief Justice of England; the King of Italy appointed Count Frederic Sclopis, a distinguished judge and lawyer of European reputation; the President of the Swiss Confederation chose Monsieur Jacques Staempfli of Berne, who had served three times as President of the Confederation; and the Emperor of Brazil named Marcos Antonio d'Araujo, Baron d'Itayubá, Brazilian Minister at Paris. 75

75 The Treaty of Washington, its Negotiation, Execution, and the Discussion relating thereto, by Caleb Cushing. New York: 1873, pages 26, 78-94.

CHAPTER VII.

On December 15th, 1871, in the "Salle des Conferences" at the Hotel de Ville of Geneva, the Court met and organized with Count Sclopis as president.76 After a speech of Count Sclopis, opening the proceedings, the agents of the two litigant nations presented the case of their respective countries to the Court. The Tribunal then "directed that the respective counter cases, additional documents" et cetera should be presented on or before the 15th of April following. On December 16th the Court met and adjourned until June 15th, 1872.77

When the contents of the American Case became known, the English press commented at first severely on the chapter on "unfriendliness"; gradually, however, the English journals dropped their attacks on that part of the case to criticise the "indirect claims"

76 Papers relating to the Treaty of Washington. Volume IV. Geneva Arbitration. Washington: Government Printing Office, 1872, page 14. The Treaty of Washington, its Negotiation, Execution, and the Discussion relating thereto, by Caleb Cushing, New York: 1873, page 74 et seq.

77 Papers relating to the Treaty of Washington. Volume IV. Geneva Arbitration. Washington: Government Printing Office, 1872, page 16.