iv

Summary of Awards

TABLE OF CONTENTS.

Page

104

109

List of American Citizens upon the Government of Great Britain,
with the Decision of the Commission in respect of each
Reports of Decisions of the Commissioners, and Arguments of
Council.

THE "JONES"—

Seizure of on Suspicion of being engaged in Slave Trade

Judgment of British Commissioner

Ditto of American Commissioner

Ditto of Umpire

121

id.

id.

135

163

TEXAS BONDS-HOLFORD-

Liabitity of the Federal Government to Answer Claims on

Territories previous to Annexation

Judgment of British Commissioner

Ditto of American Commissioner

Ditto of Umpire

TEXAS BONDS-DAWSON-

Same point

How far Domicile changes, if at all, National Character

As to Liability of United States' Government for Damages

caused by conduct of its Custom House Officers.

Judgment of British Commissioner

Ditto of Umpire

THE "BEAVER”—

Same point.

Judgment of British Commissioner

Ditto of Umpire

THE "JOHN”—

As to the Liability of Government to make Restitution

in the shape of Compensation, under a Treaty, when

the thing to be restored has been lost, by mere

accident, without any fault on part of the Captor

Judgment of British Commissioner

Seizure of, at a New Settlement on the Coast of America, for

contravention of Custom Laws, there being no Custom

House or Customs' Officers.

Judgment of American Commissioner

Ditto of British Commissioner

Ditto of Umpire

MESSRS. ROGERS & Co.-

As to Payment of Duty on Spirits arriving in a country

in which the Customs' Laws have been changed since

the departure of the goods from the country from which

they were sent.

Judgment of British Commissioner

Ditto of Umpire

Page

219

225

226

id.

227

230

231

232

243

Whether a Government be liable in respect of an embezzle-

ment of moneys by one of its Officers. Whether such

embezzlement is a substantive ground of complaint or

not, so as to bring the claim, in point of date, within

the terms of the Convention

Judgment of British Commissioner

: Ditto of Umpire

244

249

FLORIDA BONDS-

Whether the Federal Government, by admitting Florida into

the Union as a State, and thus depriving the Creditors

of the Territory of the means of enforcing their Rights,

has rendered itself responsible to those Creditors. It

having bestowed upon the State a Constitution preventing

it from raising money to pay its Debts

Judgment of British Commissioner

Ditto of American Commissioner

Ditto of Umpire

Extracts of Constitution of Florida

THE MESSRS. LAURENT-

Page

J

250

265

L272

Points: That the mere residence in a foreign country in time

of peace or war, does not deprive a merchant of his

original citizenship, or of the right to call for the pro-

tection of the Government of his native country;

although his continued residence in the country in time

of war, gives the right to the enemies of that country

to consider and treat him as an enemy.

That although such residence may clothe him with

certain rights of citizenship and involve certain liabili-

ties, it does not divest his original national character.

That the practice and usage of nations sanction the inter-

ference of a Government on behalf of its subjects or

citizens resident abroad, as well as at home.

That Consuls and Diplomatic Agents are specially in-

structed to watch over and protect the subjects of the

countries of their respective Governments, resident in

the countries to which they may be accredited.

That such being the usage and practice of nations, the

words used in this Treaty are to be interpreted in con-

nection with, and by the aid of, such usage and practice.

Judgment of British Commissioner

Ditto of American Commissioner

280

288

299

Ditto of Umpire

FISHERY CASES-Bay of Fundy.

As to meaning of word "Bay" as used in the Treaty of 1818

Judgment of British Commissioner

302

vii

TABLE OF CONTENTS.

Page

FISHERY CASES -Bay of Fundy - continued.

Judgment of American Commissioner

Ditto of Umpire-" Washington"

Ditto " Argus"

"BARON REnfrew"-

As to whether the Provisions of the United States' Customs

Act of 1799 were, or were not, cumulative with reference

to Smuggling

Judgment of British Commissioner

Ditto of Umpire

811

324

327

328

331

BRIG"ENTERprize”-

As to whether the British Government was liable to make

Compensation in respect of Slaves who obtained their

liberty by Act and operation of English law.

Points:-1. That laws have no force in themselves beyond the

territory of the country by which they are made.

2. That, while by the comity of nations, the laws of one

country are, in some cases, allowed by another to

have operation within its territory when it is so per-

mitted, the foreign law has its authority in the other

country from the sanction given to it there, and not

from its original institution.

3. That every nation is the sole judge of the extent and

the occasions on which it will permit such operation,

and is not bound to give such permission when the

foreign law is contrary to its interests or its moral

sentiments.

4. That England does not admit within its territory the

application of any foreign law establishing slavery,

having abolished the status of slavery throughout

her dominions.

5. That the condition of apprenticeship, as permitted to

remain in the West India Islands, formed no excep-

tion to the abolition of slavery throughout the

British dominions, as it was a system entirely dif

332

Page

BRIG ENTERPRIZE "—continued.

ferent from slavery, and would not justify sustaining

any other description of slavery.

6. That the liberty of any individual in British territory

could not be restrained without some law to justify

such restraint, and that neither the Apprentice Law,

nor any other law, could be appealed to, to justify

the detention of these negroes.

7. That slavery was not a relation which the British Go-

vernment, by the comity of nations, was bound to

As to right to levy Duties in a conquered country.

As to meaning of Special Licence to Trade with an Enemy.