The New York herald., 1871-12-19

Meeting at Geneva---The Tribunal
of Arbitration.
Statement In Behalf of the
United States.

0CdCGIu0I1C LII O0lAdA Va Wv
United States.
Irrom the Boston Advertiser. Dec. 1871 IS
At meeting Of the Tribunal OF Arbitration ap-
pointed under the Treaty OF Washington the
scase IN behalf Of the United states was presented
by MI. @ B. Davis. After reclttng the provisions
OF the treaty the statement proceeds E
me United States have the honor to lay before
the Tribunal OF Arbitration this tncr printed case
accompanied by the documents, the ohlclai CORE
spondence and other. evidence on which they rely:
They propose TO show Dy an historical statement OF
toward the United states, the outbreak Of the
insurrectl0n In the Southern States that there was
On ns part 81 aa so Ss ud
States, which furnished q constant motive Tor the
several acts Of omission and commission hereinafter
neutral. having alduced the evidence Of tns iacL
the United States will next endeavor 70 show wnat
they deem to have been the duties OF Great Britain
toward the United States in respect to the several
cruisers The United states Wall then endeavor 10
duIies botn generally and specifically, rs to each or
the cruisers, and that such failure involved the la
Dy S ate the un1ed or SS s
others protected BY their Dag. Lastly. the United
states win endeayOr to salts the tribunal OF ArD
tratlOn that IL can lind In the testimony ample ma
terial for estimasng the amount OF such injuries.
and viii ask the tribunai to exercise the power con-
be paio BY Great Britain to the United Stated or all
the claims Under the ilrst head, namely, that OF
ssomens roViews .he s' relations Grea
Drltan and the United States from the treaty
OF peace In 1873 TO the outbreak OF the rebel.
marked ihe beginning Of the rebellion are stated
with minuteness, and the times at winch tldings
reference at every point to oficial documents and
the conclusion u reached with regard 20 the
q of Taas az ,ns Bsa t ~
May, 1891 lts FIRST complete Rnd official copy or the
Presidents proclamation; that is. ten days after
OF belIiGerency the ocean to the insurgents eight
days after the subject had been referred TO the law
orcers ior their opinion and i've days alter the de.
| announced In the House OF Comnons The United
States admit, IN the la LANGUAGE Of The IIesidents
nation Is its own Judge when to accord the rights or
belIigerency, either 70 people Struggling to Tree
oppressive. or to Independent nations at war with
each Other.n But the United States deny that the
i nSa the 0r recognition Of the rebels as 6elISerents
and still less justified the advice TO france to accord
the same rec recognsio%n: % On s the iss o. May 1851,
ton Of sailing in the Niagara, and that ne
In point Of TACT MIR. Adams did arrive in London ON
| the evening If the lSrn OF May. The Queens pro-
| same day Other points made in the statement
under this head these: That the British govern
ment studl0usly concealed from the United States
certed recognition Of rebel belllaerency; that the
British government entered into direct negoia-
PARIS Declaration Of 1855 the use OF the
British legation at Washington for such pur-
aa aSs a. leas Se es m a
OF diplomatic privilege and violation by tue
Queens Foreign Minister OF the neutrality eajoined
on all her SUBJECTS by ner proclamation. The history
Of the negotiations OF 1851 for the adhesion Of the
United Siates the Declaration OF Paris OF 1865 Is
recitcd, prove that the British and French gov
ernmen:s expected the issue OF letters oil marque
by the rebe.s and that those governments IN
and to counsenancc the bearers or them in the de- de-
structi0n OF the commerce OF the United States.
Tue conduct Of Great Britain In these matters is
Trent affair." and, finally speeches OF British states
mea during tne war Of the rebellion Including one
TO show the unliendly animus toward the govern
shoW thaI II s taese vdenseS Of
are pertinent 10 the case Tor the consideration OF
the aroitrat0rs
OF the duties or neutral Power as they are esab-
lIshed by International law. These are deduced
Queens proClamato6, the Foreign Enlistment acts
OF Great Britain ana the United States. the history
ceedngs OF the British roJ al COMMISSION appointed
in 1857, the recent act OF Parliament conformity
with Its recommendations, ana judicial opluion by
Sir Robert Philm0re late as 18th January 1871.
Eminent authorities are cited to prove that tnterna
tional law Is part OF the common law OF England.
definition OF neutrality having been deducet from
the authorities. the statement proceeds to review
the history OF the several cases which have arisen
for ne application OF these principles. notably tne
action OF lrestdent Washington in stopping he
fttng out Of privateers IN behalf OF the French
United States and Portugal in 1915 ana 1892. Ine
new rules introduced In the Treaty OF Wash
ingt0n arc neAt considered, and the opinions OF
eminent European publicsts clled. the case OF
the Santissima Trinidad Is next considered, with
view TO showing tne phrase SO often clled from
the case was decided that point ana that the
opinion OF the Court upon the whole question Is only
the case Of iIe santssima 1fmidad ana the Grand
Para. tue latter pronounced By Cnief Justice Mar
SHALL ne two Sase nd naag h Ieea and co
successive days. IL Is contended tLat there Is
concurrence or the pest English, American and
Continental opinion to establish the duties OF neu
trails under twelve points, stated az follows-First
that Is the duty OF neutral to preserve strict and
hos,iItes. second That tnis ohixation Is 0I inde
pendent or municipal law. Third, that q neural
Is bound 70 enforce Its municipal Ia VS. and Its ex.
right to ask TO do so and to ask FOR legislation TO
increase the power or tue executive to this eiec
Fourth, that neutral is boun1 to exercise due all.
igence to prevent the lttng out, arnling or equip
ping within its jurisdiction, OF any vessel
tended TO cruise to carry on war against Power
with winch 1t Is az peace. Fifth, that neutral Is
ton Of - suc VESSEL ssn that
bound to use IKE diligence to prevent the departure
or carry on war against any Power with which it is
at peace, such vessel having been specially adapted
IN whole or III part. within It's Jurlsdlcti0n to war
like use. seventh, that neutral may not permit
suffer either bellgerent ~ make use OF It's ports
waters as the Dase OF naval operations against the
other. Eighth, that neutral 10 bound to use
due diligence IN It's ports or wate,s, to pre-
vent either beIligerenG from obtaining there
renewal or augmentation OF military supplies, or
arms Tor belllgerent vessels or the recruitment OF
men. Ninth that when a neutral fails TO use oil
the means In It's power TO prevent breach oil neu-
raty OF It's soil or waters In aay or the foregoing
respects, the neutral should make compen satl0n for
the injury resulting theerom. Tenth, that this ob
tn AatQIfs
OF the of1ending vessel into puDilc man-of-war.
Eleventh, tnat THIS obligation Is not discharged by
q fraudulent attempt oil the Offending vessel 10
Twelfth that the o. ence viii not be "depositedn so