The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-04
THE GENEVA TRIBUNAL.
The Argument Of the United States Delivered to
the Tribunal Of Arbitration-Its Presenta-
ton to the English Parliament
by Royal Command.
LONDON. July %, 1872.

LONDON, July %, 1872
The argument" of the United States, delivered
to the Tribunal of Arbitration at Geneva by Mr.
Bancroft Davis, agent of the American government,
the 18th of June last has been presented to both
Houses of Parliament by royal command. The pre-
sentation of such paper, showing the points and
referring to the evidence" which the presenting
government relies on, is directed by the fifth arti-
Gle Of the Treaty of Washington. The American
argument, unlike the case and cOunter-case, is
signed and bears the names of Messrs. Caleb Cush-
ing, W. NJ. Evarts, and NJ. r. Waite. II opens with
an introduction" stating briefly what the argu.
ment Will attempt to show, which s followed by
section on "The Controversy Submitted to Arbitra-
tiOn"
This section, like those which follow 1t, abounds
with matter which has become irrelevant through
the withdrawal OF the indirect claims. 1t is in
terestng, however, as containing the first formal
statement Of what the government Of the United
States thinks the British government should have
done when the Southern States rose in insurrec-
tion:-
In regard the hosies prosecuted against the sove
o. intestine war and obfulc themselves upon the notice
raise the Of e treatment BY such Powers may
be trusted also to solve IT. I, the rebels should exhibit
nation or should keep the with cruisers and
& another natio1,, the Power tsas affected Viii
OF It. peaceful rights ana Interests has no anccedent
S Sh S a
ions in the l,gitipasy Of his Violence may pierce
resist and the search ana sapturs which threaten
M ~ ny eanS seSt aS %n PHs ur
This without tie least taking part in the hosies
but Simply in maintenance rights and Interests
The queens Proclamation of Neutrality is de-
the relations Of Great Britain to the United States
but referring to civil war within the territory Of
nation" It's publication Is said to have const
tuted an intervention which produced important
changes In the moral and In the legal relations in
which the Queens subjects, their commerce, their
wealth, and manifold resources would stand, in
the public opinion OF the world In the municipal
Jurisprudence OF the realm, and in the doctrines of
the law OF nations SO long as the rebellion in the
United states remained unaccredited with beliger-
ent rights all maritime warfare in Its name would
have borne the legal character Of piratca violence
such everywhere, and punishable according to the
Jurisdiction TO which 1t was made amenable.
For in the language nepe Iord s sa9we IL
peace. They are the enemies OF every country,
and at all times; and therefore, are universally
subject to the extreme rights OF war" The inter
position Of the Queens proclamation 1t is argued,
relieved from the terrible prescription, pursuit
and punishment thus denounced all who should
United states, and exposed them, at the worst, to
the municipal penalties of the Foreign Enlistment
act VI the fate Of prisoners Of war. SO, too,
all commercial contracts, loans, the building or
hitting OF vessels, the sale OF arms or munitions or
Other supplies In ald OF lnSurrectl0n or dOmeStlc
rebellion IN a foreign state are absolutely con.
demned as immoral in the law OF England, and
are prescribed by the courts of justice. The effect
Oh the queens proclamation was to relieve all
such contracts IN aid OF the resources OF the
rebellion from this prescription for immortality
which otherwise, the law OF England applied to
them. This public act OF the government OF Great
| Britain opened TO the minds of the British people
! entirely new relations, moral, political and legal,
with the pending hostilites, and was followed, IL
is alleged, by IN active, constant and systematic
contribution from their inexhaustibe financial and
| commercial resources in supply Of the deficiencies
Of the rebels and In reduction OF the disparity of
! strength between them and their government
In pursuance Of the argument, ii is alleged that
through the aid given TO the rebels in this coun.
try in the way Of trade In contraband OF war VIC.
atlon OF blockade and prize captures, the United
states were seriously vexed throughout their con.
1ict, although they were engaged with an adver-
sary which had no commerce.; could build,
equip arm or man no ships; Keep open no
ports; could furnish no convoy, offer. or meet no
naval battle, bring mo. prize t,tfrq. .Sr0stdio
| or under judicial Condemnation. by these
| maritime hostities their immense naval
force was kept constantly occupied for four
| years, and their commercial marine was plundered.
J pprnSd and driven IRON the seas. TheU carrying