History and Digest of the International Arbitrations to which the United States Has Been a Party: Together with Appendices Containing the Treaties Relating to Such Arbitrations, and Historical Legal Notes ...

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U.S. Government Printing Office, 1898
 

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CHAPTER XXVII
3
THE GENEVA ARBITRATIONContinued
4
The Delagoa Bay RailwayContinued Page
5
Genets Recall 4410
6
Appointment of Commissioner by the United States
8
CONVENTION
9
Reply of Venezuela 1702
11
CONTRACT CLAIMSContinued
12
Provisions for Arbitration 1469
15
Appointment of British Agent
16
Letter of Franklin
22
Declaration
29
Meaning of Term Property 4472
38
Origin of the Case 1807
42
CHAPTER II
45
Instructions of 1751 1998
49
Commissions of Governors of Nova Scotia
51
Conclusion of an Agreement 1040
55
Agreement of the Commissioners
58
INTEREST 4313
59
Request for Release 1809
60
Decision of the Commission
61
CHAPTER III
65
Morriss Recall 4414
67
Further Correspondence 1704
68
Appointment of Commissioners
72
Organization of the Commission 1046
73
Commencement of Surveys
74
North westernmost Head of Connecticut River
80
Public Sessions 1473
81
APPENDIX I
82
Appointment of Commissioner 4538
83
CHAPTER IV
85
Convention of Arbitration 1709
88
Provisions for Arbitration 2050
90
Design of the Treaty of 1783
91
Skip withs Report 4414
92
Report of Special Committee
97
Mexico and the United States
98
First Meeting of the Commissioners 1296
99
Northwest Angle of Nova Scotia
101
Term Atlantic Ocean
107
Question of the Highlands
109
American Definitive Statement
113
Origin of the Claim 2050
115
Fortyfifth Parallel of North Latitude
119
Analysis of Award
136
The Vivanco Insurrection 1593
137
CHAPTER XLIX
142
Suggestion of Mr Hale
143
Mediation
146
Appointment of Commissioners 1710
147
Mr Websters Plan of Settlement 118
150
Compensation of Maine and Massachusetts
151
Difference as to the Treaties of 1778 4429
152
Failure of the Clain 4505
154
Debate in the Senate 1099
155
Map used by American Commissioners in 1782
156
BOUNDARY THROUGH THE RIVER ST LAWRENCE AND LAKES ONTA
162
Constitution of the Commission 2051
163
The Umpires 1299
165
Provocations 1516
166
Free Navigation of Channels
170
Right of Final Decision 4444
172
Relative Positions of Commissioners
176
Views of American Commissioner
181
Claim of British Commissioner
182
Propositions of Compromise
188
CONVENTION WITH FRANCE OF JULY 4 1831 4447
189
The Secretaries 1305
190
Comments on the Settlement
194
Award 1203
195
Convention between the United States and Venezuela of Decem
195
Grounds of American Territorial Claim
198
ONVENTION
199
Execution of the Convention 4432
200
Treatment of Prizes 4399
202
Ukase of 1821
204
The Antwerp Cases 4450
207
Fiftyfour Forty or Fight
210
Reference to the Court of Claims 1102
211
Opinion of AttorneyGeneral Black 1602
212
The Gorostiza Pamphlet 1213
213
Rules of Procedure 4539
214
Provisions for Arbitration 1551
215
British Proposal for Marking Boundary
216
American Commissioners Views
220
British Commissioners Special Instructions
222
Proposal of Arbitration 996
226
Summary of Arguments 1606
227
British Agent
228
Other Boundaries
235
CHAPTER LI
237
Rules
241
Case of Raborg 1613
243
Retrocession of Louisiana to France 4433
244
EAST AND WEST FLORIDA CLAIMS 4519
246
Argument of Companys Counsel 216
248
Amount of Compensation
253
Negotiation of a Convention 1216
254
Claims Included 4591
256
Discussion of Stipulations 997
257
Possessory Rights
260
An Erroneous Assumption 4455
261
Rejection of Compromise 221
263
United States Commissioners Opinion
266
Berlin Decree 4479
267
Convention of April 11 1839 1218
270
Provisions of Treaty of Peace
272
Commercial Discontents 4400
274
Commissioners Opinion on La Abra Claim 1327
277
American Commissioners
278
Question as to Finality of Awards
280
French Counter Claims 4457
282
Practical Difficulties
286
Delays in the Exchange of Ratifications 4592
287
Final Meeting and Rupture
292
Mr Evartss Report 1334
296
Convention of Jannary 8 1802
298
CHAPTER XXII
299
The Bar of the Convention 1648
303
Order in Council November 6 1793
304
CASE OF THE MASONIC 1055
306
Prospective Operation
310
War between France and Great Britain 4403
311
Principles of Decision 4541
312
Cases included
316
The Pious Fund 1318
317
First Meeting of Commissioners
320
POWER OF ARBITRATORS TO DETERMINE QUESTIONS AS TO THEIR
324
Loughboroughs Opinion
326
The Conjectural Note 4436
329
Question as to Exhansting Judicial Remedies
332
Opinion of Mr Johnson 1502
335
Appointment of Umpire 1224
336
Resumption in 1802
339
Adjournment 1554
343
Acknowledgments of Courtesies 1619
346
Immunities of Commissioners
347
CHAPTER XXVIII
350
Mixed Commissions under Convention of June 30 July 12 1822
363
CONVENTION OF JANUARY 24 1849 4609
364
Commission of 186768 1659
366
Rules of Procedure 437
371
Charges of Frand 1660
372
Claims for Slaves 685
377
Provisions of the Convention 1615
380
Proceedings of Commission 1000
389
CHAPTER XII
391
Case of the Schooner John S Bryan 4613
392
Commissioners Report 1555
394
Declination of Mr Van Buren
397
Pecuniary Results of the Commission 1319
400
Private Counsel
404
Jurisdiction of the Commission
405
Case of the Schooner Hope 4614
410
Privateering Instructions of 1810 4550
411
British Claims
412
CASE OF THE COLONEL LLOYD ASPINWALL 1007
413
Reports to the Umpire 1230
414
Convention of 1857 1361
417
Arrest and Imprisonment 1815
418
Unfinished Business and its Cause 1232
420
Course of Genet on bis Arrival 4406
421
Arbitration as to Damages 1013
422
CHAPTER XIII
426
Organization of the Commission 1711
430
Views of United States Commissioner and Surveyor
433
What Coasts were and were not to be examined
439
Wreck of the Canada 1733
440
Records of the Commission 1557
443
Remonstrances 4550
451
The Mirainichi
467
Questions to be Arbitrated 1819
468
The Buctouche
471
Declarations of the Commissioners
473
The River Merrimack No 5 The River Ipswich
474
The River Seekonk or Providence
475
Oath of the Umpire
476
Rivers Cocagne Shediac and St John
477
The Rivers Saco Kennebeck Penobscot Union and Machias in the State of Maine
478
The Rivers Salmon Shubenacadie Avon and Cornwallis in the Province of Nova Scotia
479
The River Liverpool in the Province of Nova Scotia
480
The River Pictou in the Province of Nova Scotia
481
The Pawcatuck River the Boundary between the States of Connecticut and Rhode Island
482
The Rivers Vernon Orwell Seal Cardigan Fortune Souris Tryon Winter Hunter Stanley Ellis Pierre Jacques Percival Enmore and Haldiman in Prince ...
483
The Murray River in Prince Edward Island
484
The Foxley River in Prince Edward Island
485
The River Des Habitans in the Island of Cape Breton Province of Nova Scotia
486
The River Hudson in the State of New York United States
487
The Rivers Saint John and Minganm on the North Coast of the Gulf of Saint Lawrence and the River Jupiter in the Island of Anticosti Province of Ca...
488
The River Fox in the Island of Anticosti Province of Canada
489
The Rivers Grand Bonaventure and Grand Casca Pediac Province of Canada and River Caraquette Province of New Brunswick
490
The Rivers Susquehanna North East Elk and Sassafras
491
Chester River
492
Patuxent River
493
Joint Resolution of 1883 1663
495
Seizure of the Montijo 1421
496
Baron Roennes Reports 1238
498
Lord Stanleys Proposal
499
Negotiations 1665
503
JohnsonClarendon Convention
506
CHAPTER XXXIV
507
Terms of the Convention 4563
509
Instructions to Motley
512
Report to Congress 1669
515
Organization of the Commission 1616
517
Motleys Interview with Lord Clarendon
519
Convention of March 15 1888 1674
521
Mr Sumners Memorandum
525
Lord Granvilles Response
531
Procedure of the Commission
537
Act of Congress 4564
539
Instructions of the American Commissioners 510
543
Award 1742
544
Secretaries and Agents 1617
545
Provisions as to Alabama Claims
547
Final Report 1619
552
Other Subjects Included
553
Rules of Commissions
555
Opening of the Arbitration
559
Case of the Alleghanian 1621
560
Suspension of Diplomatic Relations 4193
561
Liability of Belligerents 1213
562
Trent Case
565
Charges of Mismanagement 1105
568
The Portuguese Title 1910
571
The Three Rules
572
Position of Spain 4534
577
The Rappahannock
578
Hospitalities to the Confederates
582
Case of the Alexandra
586
Representations to Colombia 1422
588
The British Case
593
AGREEMENT OF FEBRUARY 12 1871 1019
595
International Rights and Duties
598
Action in France 4466
601
The Spanish Volunteers 1020
602
Contraband and Blockade Running
604
Meaning of Due Diligence
610
Limits of Neutral Duty
616
Use of Neutral Territory as Base of Operations 1119
618
Decrees as to Infidencia 1021
619
Hospitalities to Confederates
622
CHAPTER LXVII
623
Statements of American Commissioners
628
Terms of the Submission 1749
631
Draft of Articles
634
Agreement of Arbitration 1914
635
Demands for Redress 1032
638
Lord Tenterdens Suggestion
641
Various Demands of the Company 1507
643
New General Arguments Refused
647
Announcement by Mr Staempfli
648
Charges of Expulsion 1514
649
Delivery of Cases
654
Message of December 7 1835 4466
658
Arbitrators Expressions as to British Feeling
661
General Character of Claims 1244
664
Reception of the Award by the Public
664
Ratification of the Treaty 4497
667
Rule of Decision 1750
670
The Three Rules and the Award
671
Opening of the Pelletier Case 1751
677
An Incident of the Alabamas Escape
678
CHAPTER XXIII
683
Analysis of Claims
684
Fenian Raids
686
Presentation of Claims 1423
688
Analysis of Awards 4168
690
Mutual Renunciations of Claims 4498
691
Reports of the Agents
692
The Awards 1757
693
Hostilities at Fayal 1071
695
Cessation of Functions of French Commissioner 1138
696
Payment of Final Award
699
The Award 1943
700
Origin of the Fund 4627
702
CHAPTER XVI
703
Navigation of the Orinoco 1696 1698
706
Imperial Act of 1819
710
Action of Colonial Authorities
713
Proceedings 1945
716
Claims Allowed 4628
717
XXV Treaty of Washington
719
Reciprocity Negotiations
725
Arrest and Imprisonment of Mr Santos 1579
729
Taking of Testimony
731
The Award 1964
732
New Claims Convention 1639
733
The Liberty to Laud
737
Benefits of the Protective Service
738
CHAPTER XLVIII
740
British Reply
744
National Responsibility for State Acts 1439
746
Organization of the Commission 1640
747
Reply of Lord Salisbury
750
The Kellett Case 1862
751
CHAPTER XVII
755
RussoBritish Convention of 1825
762
Power of Commission to Determine its own Jurisdiction 1143
767
Mr Frenchs Letter of 1881
769
Mr Bayards Report 1793
774
Nonexecution of Orders of Release
775
Conclusion of a Convention 4581
776
Mr Bayards Proposals for an Arrangement 777 Mr Bayards Proposals for an Arrangement
781
Argentine Republic See Brazil and Paraguay
786
Negotiations at Washington
787
Lord Salisburys Argument on Questions of Right
793
NATIONALITY
796
The Claimant Company 1699
797
Colombia and Great Britain Decomber 14 1872 4697
798
Conclusion of a Treaty of Arbitration
799
Constitution of the Tribunal of Arbitration
805
France and the United States
813
Forgery of Translations
814
HISTORICAL NOTES 4821
816
Question as to Embargoed Estates 1035
819
Representatives of the Argentine Republic and Brazil 1969
820
Counter Case of United States
821
Condemnation of Vessels 775
823
Printed Argument of Mr Carter the Nature of Law
827
Seizure of the San Fernando 1701
829
The Institution of Property
833
Mr Phelpss Written Argument
839
British Claim of Impressment
843
The Lawfulness of Taking Seals on the High Seas 818
850
CHAPTER XXV
853
Difference between Seals and Certain Wild Animals
856
The Right to Protect the Industry
864
Oral Argument of Sir Charles Russell
870
Novelty of Claim of United States
876
The Nature of the Seal
882
The Sealing Industry
889
Examination of the Authorities cited by the United States
895
The Argumentum ad Hominem the Pearl Fisheries
901
Question as to Procedure
907
Instructions of Mr Webster 1085
911
Protest on behalf of the Claimants 1097
960
CHAPTER XVIII
962
Plans for Permanent Arbitration
963
Terms of Settlement 4581
969
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Página 2 - East, by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the river St. Lawrence...
Página 391 - The Commissioners so named shall meet at London at the earliest convenient period after they shall have been respectively named; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity...
Página 2 - Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux, to the Long Lake; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi until it shall intersect the northernmost part of...
Página 706 - Parties, that the Inhabitants of the said United States shall have forever, in common with the Subjects of His Britannic Majesty, the Liberty to take Fish of every kind...
Página 33 - Croix River to the Highlands; along the said Highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean, to the northwesternmost head of Connecticut River...
Página 204 - ... the claims of any other Power or State to any part of the said country ; the only object of the high contracting parties, in that respect, being to prevent disputes and differences amongst themselves.
Página 204 - It is agreed that any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers...
Página 550 - Her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims, the Arbitrators should assume that Her Majesty's Government had undertaken to act upon the principles set forth in these rules.
Página 569 - Issuing or delivering a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid.

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