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INDEX

A List of Cases is given on page 627; and a List of Arbitrations on page 637.

Abandonment: bringing in of Appam held | Aliens Restriction Act: British, permits

equivalent to, 310 n.

Acland, F. D.: on indemnity for breaches
of war law, 235.

Action, military: limitations on the free-
dom of, 104-11.

Activities of Robert Fay: 334-36.
Adams, C. F., U.S. Minister to Great Brit-
ain: discusses recognition of Confed-
erate belligerency with Lord Russell,
262; arbitrator in Alabama Claims case,
338.
Adams, John, President: message of, urg-
ing measures of defense against French
depredations on commerce of U.S., |
4-5; attempts to obtain amicable settle-
ment with France, 5; approves act
abrogating treaties with France, 5-6;
sends envoys to France to make con-
vention, 1800, 6; refuses to purchase
treaty with loan, 269.

Adams, J. Q.: on recognition of independ-
ence of U.S., 270-71: on neutral con-
voy, 476-77.

Admiralty: High Court of, practice of,

100.

Admission of transformed auxiliaries to

Chilean ports: 314-15.
Advantage: enactment of rules of recog-
nized, 100-04; relative military, 212-14.
Aeroplane: Carthage seized for refusal to
deliver, 414.

Agreements: express, 49-58; tacit, 62-67.
Alabama: 313.
Alabama Claims Arbitration: cited in
Locksun, 313; 336-42.

Alien enemies: resident, treatment of, 44-
48.

Alien enemy: Russia's treatment of Ger-
mans and Austrians, 47-48; definition
of, 128; cannot enforce rights in courts,
128; may be sued, 130; Germans per-
mitted to remain in Japan, 132; have
access to Japanese law courts, 133;
sequestration of property of, by Con-
federate States, 133-36.
Aliens: expulsion of, from U.S. author-
ized, 5.

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enemy alien to reside in realm, 128.
Alliance: what constituted casus fœderis
in case of Armed Neutrality, 621.
Allies' embargo on neutral property
bound to or from Germany: 563-64.
Alteration of neutrality regulations in
the course of a war: 273.
Amelia: 183-84.

American Civil War cases: 381-405.
American Embassy: investigates the Isle
of Man detention camp, 233-34; reports
on the treatment of British prisoners of
war in Germany, 209-10.
American flag: use of, 584-89.
Amicus curiæ: U.S. District Attorney in-
structed as, in case of Appam, 305.
Amnesty: Lincoln's proclamation of, 59.
Ancona: 583.

Andler, Lieutenant: trial of, for attempt
to escape, 207-09.

André, Major: capture and execution of,
78-87.

Angary: 544-57.

Apology: refusal to make, 9; U.S. re-
quests, for insult to flag in case of Pet-
rolite, 555.

Appam: 300-10.

Appeal: Great Britain unwilling to inter-
pose until Springbok case had been
heard on, 398 n.; in prize proceedings,
502.

Arabic: sinking of, 221; 582-83.
Arabi Pasha, punished: 222-23.
Arbitration (see also The Hague, Perma-
nent Court of Arbitration; also List of
Arbitrations, 637): Great Britain agrees
to, if necessary to determine claims
for seizure and search, 414; Germany
refuses summary procedure in case of
Frye, 526; Viscount Mersey referee in
Wilhelmina, 562; controversy between
Great Britain and Sweden in regard to
submission to, 612 ff.

Arbitrators: not controlled by stare deci-
sis, 539.
Archer: 313.
Argo: 36.

Ariel: 366 n.
Armed merchantmen: treatment of, in
American ports, 315-17; resistance of
the Nereide, 468-76; restrictions against
sailing of American, removed by Ad-
ams, 5; authorized to resist French
depredations, 5.

Armed Neutrality: 617-22.

Armistice: observation posts erected by
Russians during, 54; Austria grants, to
Montenegro, 76; used by Montenegrins
to gain time for escape, 77.
Arnold, Benedict: relations of, with Major
André, 78-87.

Arntz: condemns judgment in Springbok,

401.

Art: protection of, 180-85; works of, re-
stored by prize court, 180-83; destruc-
tion of Rheims Cathedral, 184; burning
of Louvain library, 185.
Asphyxiating gases: use of, 117-18.
Asquith, British Prime Minister: state-
ment of, on Belgian Committee of In-
quiry, 228-29; on Lord Bryce's Report,
230 n.; on retaliatory measures against
Germany, 419-20 n.; proposal of, to
settle Wilhelmina case, 561-62.
Assassination: Russians accused of sub-
orning, 186.

Asser: condemns judgment in Springbok,

401.

Asylum: Russian warships seek, in Ger-
man port, 299-300; denied by U.S. to
Appam, 303-05; of prizes refused in
British ports, 340.
Atalanta: 449–53.
Attachés: neutral, facilities for observa-
tion by, much restricted in recent wars,
232-33.

Attempt to escape: trial of Lieutenant
Andler for, 207-09.

Atrocities: German allegations of Rus-
sian, 121; Belgian Commission lays
evidence of German, before President
Wilson, 223-27; Belgian, Report of
Bryce Committee on, 229-30.
Auersperg, Prince: duped by Marshal
Lannes, 70-72.
Augmentation: of force of belligerent
warship contrary to neutrality, 297-

99.

Aurora: internment of, at Manila,
300 n.

Austria: notification of, to neutrals, of
war declared against Serbia, 34-35;
tricked by Montenegro in peace par-
leys, 76-77; recall of Ambassador
Dumba requested by U.S., 286; pro-
tests to U.S. against unlimited sale of

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Base: of operations, neutral territory not
to be used as, 288-92; in neutral terri-
tory, 288-92; rule of Treaty of Wash-
ington in regard to using neutral terri-
tory as, 337; effect of prize judgments
in neutral territory, 509.

Bayard, Chevalier: severity of, towards
musketeers, 116.

Bayonet: adoption of, as military weapon,
116-17.

Bayonne Decree: 594.

Beauregard, General: accuses Gillmore of
bad faith, 62-65; protest of, against
wanton destruction of property by U.S.
troops, 137-40.

Belgian Commission of Inquiry: 228–29.
Belgian laws: protest against the modi-
fication of, 150–51.

Belgian people's war: 121-23.
Belgian population: attitude of, 167-68.
Belgian railways: protest regarding re-
moval of, 151-53.
Belgian relief: 212-13.

Belgian workmen: treatment of, by the
German authorities at Luttre, 153-

56.
Belligerency: recognition of, 260-63; dis-

tinction between recognition of, and of
insurgency, 264.

Belligerents: Russian refusal to recog-
nize Austrian Poles and Rumanians as,
123-24; hesitation of Union to recog-
nize Confederacy as, 247-48.
Benito Estenger: 366 n.
Bentzon v. Boyle: 351-55.
Berlin Decree: 591.

Bermuda: 386.
Bernstorff, Count vọn, German Ambassa-
dor, at Washington: request of, re in-
terned Germans in U.S., 50; note of,
re escape of interned Germans, 52–53n ;
note of, re Belgian relief, 213; memoran-
dum of, impugning U.S. neutrality,
271-72; note of, on coaling of German
warships from ports of U.S., 291; main-
tains Appam free to remain in U.S.
port indefinitely, 303; protests against
libelling of Appam, 303; on definition
of tender Locksun as fleet auxiliary,
312-13; protests against export of war
material to Allies, 328; protests against
action of U.S. authorities re Odenwald,
342; note of, on modification of German
submarine warfare, 582-83; memoran-
dum of, re British interference with
neutral trade, 598.

Bethmann-Hollweg, von, German Chan-
cellor: statement of, on Belgian atroci-
ties, 119-20; speech of, on British
'blockade' of Germany, 598-99.
Betts, Judge: decision of, in Stephen Hart,
388-89; condemns the Peterhoff, 390;
decision of, in Gertrude, 391-92; in
Springbok, 393-94.

Bismarck: appeal of Odo Russell to, on
behalf of Worth, 94; statement of, re-
specting Worth case, 94; diplomatic
corps protests to, against bombard-
ment of Paris, 112-14; reply of, in
justification, 113; protest of, against
the employment of uncivilized troops
in warfare, 189; on punishment of
French prisoners of war, 255; expresses
regret for Duclair incident, 548; justi-
fies Prussian action on ground of neces-
sity, 548-49.

Bissing, General von: action of, re treat-
ment of Belgian workmen, 156.
Blacklisting of American Merchants: 599-
607.

Blockade: 425-37; pacific, instituted
against Venezuela, 10; of Cuban ports
declared by President McKinley, 25;
of Confederate ports instituted by Lin-
coln, 261; cannot extend to neutral
ports, 390; and application of continu-
ous voyage in Civil War, 383 ff.; what
constitutes breach of, 385; of neutral
ports out of the question, 409; Allies
have not tampered with rules of, 420;
withdrawal for storm does not inter-
rupt, 426; could not affect land com-
munications, 428; effective, defined,
429-30; must be applied equally to all
nations, 432 f.; validity affected by

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any relaxation, 433-34; so-called, of
Germany, 437; see the Continental
System, 590-95; Great Britain secures
advantage of, without obligations,
596; of Germany never declared, 609 n.;
'paper' blockades, 617; definition of,
by Armed Neutrality, 618.
Bluntschli, opinion of, on contraband,

412.

Boers: release their prisoners, 206.
Bombardment: of quarantine station by
Japanese warships, 100.
Bombs of paper: 246-47.
Books: restored by U.S. prize court, 183-
84.

Botha, General: protests against poison-
ing of wells by Germans, 178-79.
Boxer indemnity: cited as precedent in
Preferential Claims case, 16.
Brindilla: 359-60.
Bristol: 293.

British and German interned civilians:
44-47.

British censorship of cablegrams: 565.
British interdict: 596-99.
Brusa: criticizes Doelwyk decision in part,

407 n.

Brussels: case of, 124-25.
Brussels: proclamation posted in, on 25th
September, 1914, 242; notice posted in,
5th October, 1914, 242-43.
Bryan, W. J., United States Secretary of
State: see United States.

Bryce Committee: report of, on abuse of
white flag, 67-68; on treatment of
civilians in Belgium, 119-20; on en-
forced guides, 120; on use of prisoners
as screen, 121; on terrorization in
Belgium, 173-76; conclusions of, 229-
30.

Buena Ventura: 35-43.

Bulmerincq: condemns judgment in
Springbok, 401.

Bülow, General von: imposes war-levy on
Wavre, 162-63; threatens Liège with
reprisals, 237; proclamation of, threat-
ening reprisals, 243-44.

Bülow, Count von, German Chancellor:
statement of, on seizure of German
vessels in Boer War, 413-14.
Bundesrath: 409-14.

Buonaparte, Jerome: collects debts due
Elector of Hesse-Cassel, 145.
Burden of proof: 15; as to innocence of
cargo, on shipper, 421; in case of vessel
engaged in reserved trade, 438; in prize
proceedings, 496-500.

Burden of war: shifting of the, on the
inhabitants of Mexico, 171–72.

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Burning of Fontenoy: 245.
Bynkershoek: views of, cited in Fran-
ciska, 433; on presumption of owner's
guilt from master's knowledge, 451-52;
on immunity of neutral property in
enemy vessel, 471; does not confine this
immunity to unarmed vessels, 471.

Cablegrams: British censorship of, 565.
Cables: telegraphic, censorship of, not
necessary in interests of neutrality,
289-90.

Capture: costs not awarded ship, if prob-
able cause for, 42-43; exemption from,
possessed by certain vessels, 108.
Carnegie Balkan Commission of Inquiry:
function of, 230-32.
Carthage: 414-18; 454.

Castro, President of Venezuela: imprisons
British and German nationals, 9; sues
for mercy, 10; empowers Minister
Bowen to represent Venezuela, 11; rec-
ognizes the claims against Venezuela
"in principle," 11; accepts conditions
of Great Britain and Germany, 12.
Catherine II, Empress of Russia: declara-
tion of, re neutrality, 617-18.
Cavalry charge at Elandslaagte: 205-06.
Cavell: execution of Miss, 196-204.
Censorship: of wireless in interests of neu-
trality, 289-90; not required in case of
submarine cables, 290; of cablegrams
by Great Britain, 565.

Central Trust Co: purchases German
treasury notes, 322.
Cesarevitch; 299.

Charles Havernerswerth: 498.

Chase, Chief Justice: delivers opinion in
Peterhoff, 390-91.

Chatham, Lord: protest of, against em-
ployment of savages in civilized war-
fare, 189.

Chile: violation of neutrality of, by Great
Britain in case of Dresden, 274.
China: 463-66.

Churchill, W. S.: account by, of destruc-
tion of the Mahdi's tomb, 193-95.
Civil War cases, American: 381-405.
Civilians in Belgium: treatment of, 119-

20.

Claims: British and German, against
Venezuela, 7-9; preferential payment
of, demanded by blockading powers,
13; referred to arbitration, 13.
Clarence: 313.
Clarendon, Lord, British Foreign Secre-

tary: approves of Crampton's proceed-
ings, 279; Marcy protests to, re illegal
recruiting in U.S., 280-81, 283-85; re-

plies, in justification of British methods,
282-83, 285.

Clay, U.S. Secretary of State: instructions
of, re repairs permitted privateer in
U.S. port, 297 n.

Cleveland, President: proclamation of,
recognizing Cuban insurgency, 264-65;
messages of, on condition of Cuba, 265-
66.

Coaling: of German warships from Ameri-
can ports, 290-91; restrictions on, of
belligerent warships, 296-97.

Coasting trade: see Reserved trade; Rule
of 1756.

Coastwise trade: see Reserved trade: Rule
of 1756.

Cockburn, Sir Alexander: arbitrator in
Alabama Claims case, 338; dissents
from award, 341.

Codification: of existing customary law,

100.

Coinage of money for a belligerent: 267.
Collection of Evidence: on Russia's treat-

ment of alien enemies, 47-48; published
by Austrian Government, 123-24.
Collective action: to enforce respect for
neutral rights, 615-22.

Collective guarantee: neutralization of
Luxemburg under, of signatory powers,
104.

Collective intervention:_representations
of European powers in Trent case, 460 n.
Colonial trade: see under Continuous
voyage, 381-83 n.; 439; 441.
Colored troops: German memorial regard-
ing employment of, 187-89.
Columbia: 425-27.

Commencement of hostilities: in the
Russo-Japanese War, 26-34.
Commercial transactions: of neutral in-

dividuals, restrictions upon, 346-466.
Commission: Belgian, lays evidence of
German atrocities before President
Wilson, 223-27; 228-29; function of
Carnegie Balkan, of Inquiry, 230-32.
Commission of Inquiry: report of Belgian,
on asphyxiating gases, 117-18; neces-
sity of international, to enforce con-
ventions in time of war, 231-32.
Committee: conclusions of Bryce, 229-30.
Common Law: principles of, re enemy
aliens, 130.

Communiqué: German, on execution of
Captain Fryatt, 125.

Compensation: for unjustifiable detention
of German vessels, 413; Great Britain
doubts if pecuniary, will content her,
515; moral obligation to compensate
for destruction of property, 538; basis

for determining, in Wilhelmina case, 561.
Compulsion: alleged, of Belgian work-
men, 153-56; removal of French under,
by German authorities, 157-59.
Concentrados in Cuba: condition of, 169-
71.

Concentration camps: 169-71.

Concession: neutrals should mistrust
belligerent, 424 n.

Condemnation: cannot be made by prize
court after return of peace, 406.
Conditional contraband: see The Doctrine
of Ultimate Consumption, 421; proof of
destination when vessel is convoyed,
478 n.; 610 n.

Confederacy: Union hesitates to recog-
nize, as a regular belligerent, 247-48.
Confederate ports: Great Britain protests
against the obstruction of, 623-26.
Confederate uniform cloth: not con-
demned in absence of proof of hostile
destination, 391; 420.
Confiscation: Lincoln on, of private prop-

erty by commanding officer, 141-42; of
insurgent funds by U.S. authorities,
143-45.

Congress: authorizes the President to have
recourse to reprisals, 6; of U.S., joint
resolution of, re Cuba, 25; declaration
of war by, against Spain, 26.
Consignment "to order": 386; 387.
Consul: Russian, at Cadiz protests against
sale of Saint Nicholas, 617 n.
Consular corps: members of, act with
diplomatic corps in protest against
bombardment of Paris, 112.
Consular courts: condemnation of prize
by, 249.

Consuls: Germany revokes exequaturs
of, in Belgium, 147-50; suggests tem-
porary recognition of, 148.
Continental System: 590-95.
Continuity: of principle in new circum-
stances, 404.
Continuous voyage: 381-424; doctrine of,

as applied during the Civil War, 402-
05; application of, 610 n.
Contraband: German criticism of U.S.
neutrality re exportation of, 271-72 n.;
Austrian protest to U.S. against un-
limited sale of, to Allies, 326-33; pro-
hibition of sale of, would work hard-
ship to every nation, 332; 372-80;
aeroplane on Carthage, 414; interpre-
tation of rules, 418; presumptions to
establish proof of destination, 421; bur-
den of proof as to innocence of cargo,
on shipper, 421; present significance of
rules governing, 424; U.S. contends bur-

den of proof not on shipper, 502; nature
of, see case of Knight Commander, 513-
17; penalty for carriage of, see Destruc-
tion of neutral prizes, 513-27; effect of
destination, see case of Frye, 517-27;
Germany asks U.S. to guarantee vessels
not carrying, 580; British procedure in
search for, 596 n.; action of Armed
Neutrality, 617 ff.

Contributions: 138-39; 153-59; forced, in
Mexican War, not advisable, 172.
Convention: of 1800 restores normal rela-
tions between U.S. and France, 6-7.
Convention, Consular: of 1788, French
claims under, 3; abrogated by U.S., 5-6.
Conventions of The Hague: see The Hague.
Convoy: 476-78; neutral, 476-77; only
prizes under, may claim treaty right
of asylum in U.S. ports, 304, 310 n.;
Germany suggests that the United
States employ, 477-78; action of
Armed Neutrality, 617 ff.; word of
commander of, to be accepted, 622.
Cornwallis, Lord: statement of, re court-
martialing of André, 84 n.

Correspondents: newspaper, utility of,
impaired in recent wars, 232-33.
Costs: assessment of, of Preferential
Claims Arbitration, 17, 18; 23; not
awarded when probable cause for cap-
ture existed, 42-43; captors decreed,
Imina, 377; Wren restored without,
436; of prize proceedings, 501-02; legal
allowance for, 551.

Costumes: Russian troops don Chinese,
186-87.

Counter-reprisals: President Castro im-
prisons British and Germans, 9.
Coup de semonce: not fired across bow of
Petrolite, 553.

Court-martial: trial of André by, 84;
Mr. Worth before, on charge of spy-
ing, 91-99; sentences of German, in
Belgium, 164-65.

Crampton, British Minister at Washing-
ton: proceedings of, in violation of U.S.
neutrality laws, 278-85; dismissal of,
285.

Criminal warfare: 99; 165–66.
Crossbow: anathema put upon, 115-16 n.
Crowe, Eyre: projects for International

Prize Court submitted to, 489.
Cruelty: unnecessary, 112-14.
Cushing: opinion of, in Crampton's case,

279-80, 282; re Sitka referred to, 309 n.
Customary law: of war, codification of, 100.
Custom-houses: Venezuelan, seized by
blockading powers, 10; offered as
guarantee of payment of claims, 12.

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