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Mixed Claims Commission-United States and Germanya

Published online by Cambridge University Press:  04 May 2017

Edwin B. Parker ,
Chandler P . Anderson  and
W. Kiesselbach
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Abstract

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Type
Judicial Decisions Involving Questions of International Law
Information
American Journal of International Law , Volume 18 , Issue 3 , July 1924 , pp. 580 - 603
Copyright
Copyright © American Society of International Law 1924

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Footnotes

a

Established in pursuance of the agreement between the United States and Germany of Aug. 10,1922. Edwin B. Parker, Umpire; Chandler P. Anderson, American Commissioner;Wilhelm Kiesselbach, German Commissioner; Robert W. Bonynge, American Agent; Karl von Lewinski, German Agent.Numbered footnotes appear in the original decision or opinion; lettered footnotes and references in brackets have been inserted by the Editor of the Journal, Head-notes supplied by the Editor.

References

1 Reference is made to Administrative Decision No. 1 for the definition of the terms used herein. [Printed in this Journal , Vol. 18, No. 1 (Jan. 1924), p p . 175-176.]

2 Telegrams of Secretary of State to American Embassies at London, Paris, St. Petersburg,Berlin, and Vienna, and the American Legation at Brussels, Aug. 6, 1914, page 1 of Special Supplement to Volume 9 of American Journal of International Law, July, 1915, being “ Diplomatic Correspondence between the United States and Belligerent Governments Relating to Neutral Rights and Commerce” (hereinafter cited as “ Dip. Cor.,” with volume and page numbers, Vol. 10 being for October, 1916, and Vol. 11 for October, 1917, supplements).

3 Telegram, Ambassador Penfield to Secretary of State,Aug. 13,1914, Dip. Cor. Vol. 9, p.1.Telegrams, Ambassador Gerard to Secretary of State, Aug. 20 and 22,1914, Dip. Cor., Vol. 9,p. 2.

4 Dispatch, Ambassador Page to Secretary of State,August 27,1914, enclosing note of Aug.27, 1914, from British Foreign Office, Dip. Cor., Vol. 9, p.2-3; telegram, Charge Wilson to Secretary of State, Aug. 27,1914, ibid., p. 5; telegram, Ambassador Herrick to S. of S.,Sept.3,1914, ibid., p.6.

5 Telegrams, Acting Secretary of State, Oct. 22 and 24,1914, Dip. Cor., Vol. 9, p. 7-8.

6 Dispatch, Ambassador Gerard to Secretary of State, Feb. 6,1915, transmitting proclamation and memorial of German Government of Feb. 4,1915, Dip. Cor., Vol. 9, p. 83-85.

7 Telegram, Secretary of State to Ambassador Gerard, Feb. 10,1915, ibid., p. 86-88.

8 Declarations from British and French Ambassadors to Secretary of State, Mar. 1,1915,ibid., p. 101-102;telegrams, Secretary of State to Ambassadors Page and Sharp, Mar. 5,1915,ibid., p. 102-104.

9 Telegram, Ambassador Page to Secretary of State, Mar. 15, 1915, transmitting memorandum of Mar. 13, 1915, from British Secretary of State for Foreign Affairs, ibid., p. 106108.

10 Instruction, Secretary of State to Ambassador Page>, Oct. 21, 1915, Dip. Cor., Vol. 10, p.73-88; telegram, Secretary of State to Ambassador Gerard, Feb. 10,1915, same, Vol.9, p. 8688;note, Secretary of State to German Ambassador, Apr. 21,1915, ibid., p. 127-129; telegram,Secretary of State to Ambassador Page, July 14,1915, ibid., p. 153-154; telegram, Secretary of State to Ambassador Gerard, July 21,1915, ibid., 155-157; telegram, Secretary of State to Ambassador Penfield, Aug. 12, 1915, ibid., 166-171; telegram, Secretary of State to Ambassador Gerard, Apr. 18,1916, ibid., p. 186-190; same to same, May 8, 1916, ibid., p. 199-200.

11 Dispatch, Ambassador Page to Secretary of State, July 10, 1916, enclosing copies of “The Maritime Rights Order in Council, 1916,” Dip. Cor., Vol. 10, p. 5.

12 Instruction, Secretary of State to Charge Laughlin, London, Sept. 18, 1916, Dip. Cor.,Vol. 11, p. 1-2.

13 Memorandum from British Secretary of State for Foreign Affairs to American Ambassador,Mar. 15, 1915; reply of German Govt, to protest of British Govt, against the laying of German mines, transmitted by Ambassador Gerard to Secretary of State, Nov. 13,1914;notice of British Govt, of laying of mines given through Ambassador Page and transmitted by the latter to the Secretary of State, Jan. 25, 1917; Feb. 15, 1917; Mar. 23, 1917, and by Consul General Skinner, Apr. 27, 1917. See also note of Secretary of State to British Ambassador, Feb. 19,1917.

14 Brief of George Grafton Wilson, page 11 (italics ours). See particularly par. 33 of note from Secretary of State to Ambassador Page, Oct. 21, 1915; and pars. 37 and 38 of Sir Edward Greys memorandum in reply thereto of April 24, 1916; also British Ambassador to Secretary of State, Mar. 1,1915; memorial of German Govt, respecting retaliatory measures dated Feb. 4, 1915, transmitted by Ambassador Gerard to Secretary of State, Feb. 6, 1915.

15 The Boland, 1B. & C. P. C. 188.

16 Hall Int. Law, 7th ed., pages 787, 788; The Magnus (1798), 1 Ch. Rob. 31; The Rosalie and Betty (1800), 2 Ch. Rob. 343; The Jenny (1866), 5 Wall. 183; The Carlos F. Roses (1899), 177 U. S. 655; The Roland (1915), 1 B. n& C. P. C. 188; The Porto, Journal Officiel, Mar. 30,1915;The Czar Nicolai, Jour. Off. 19 Ap. 1915.

17 Calvo, Sec. 2817; see also The Glitra, decided by the German Imperial Supreme Prize Court, Sept. 17,1915; Amer. Journal Int. Law, Vol. X, p. 921-927; Indian Prince, decided by the German Imperial Supreme Prize Court, Apr. 15, 1915, Amer. Jour. Int. Law, Vol. X,. p. 930-935; Oppenheim Int. Law, Vol. 11, 3rd ed. secs. 185 and 424; The Nereide, 9 Cranch,,388-418.

18 British Ambassador to Secretary of State, Mar. 1,1915.

19 Telegram Consul General Skinner to Secretary of State, Mar. 9,1915; par. 5 of Note Sir Edward Grey to Secretary of State, Mar. 15,1915; par. 4 memorandum of Lord Crewe, June 17; see telegram Ambassador Page to Secretary of State, June 22,1915.

20 Memorandum of Sir Edward Grey “ Respecting American Ships and Cargoes detained at British Ports,” May 14, with note of May 15,1915; see also communication from Ambassador Page to Secretary of State, May 20,1915.

21 Pais. 19, 20, and 36 of Sir Edward Grey's memo, delivered by the British Ambassador to Secy, of State, April 24,1916.

22 Moore, Vol. 1,511-12; also post, pages 50 and 57

23 See footnote 23 on p. 588.

24 See footnote 24 on p. 588.

25 Printed in this Journal , Vol. 18, No. 1 (Jan. 1924), pp. 175-176,177-186.

26 Particular reference is here made to so much of Administrative Decision No. II as is embraced under the last caption, “ Losses Suffered Directly or Indirectly.”

27 Page 38 [585] ante.

28 See Note 11, this Commission's Administrative Decision No. II handed down this day.

29 28By the designation “ Moore” herein is meant the work of John Bassett Moore on “ International Arbitrations.” Italics used in quotations are ours.

30 Moore, 509-512.

31 Instructions of Mr. Fish to Mr. Motley, Moore, 512-513. Statement of Mr. Fish to Joint High Commission, March 8,1871, Moore, 629-630.

32 See instructions of Mr. Fish to Mr. J. Lothrop Motley, May 15,1869, Moore, 512-516;statement of Mr. Fish to Joint High Commission, March 8,1871, Moore, 629-630; telegram of Mr. Fish to General Schenck, April 27,1872, Moore, 642.

33 Moore, 642-643.

34 Moore, 594-595.

35 Ibid., 651.

36 Ibid., 4116-4119.

37 Ibid., 511.

38 Ibid., 630.

39 Sir Alexander Cockbum's dissenting opinion, Moore, 651.

40 Davis Report 22. Also Gannett v. U. S., 184, Davis Report 42; Hyneman v. U. S., 643,Davis Report 45; Phillips v. U. S., 1228, Davis Report 56.

41 See language of court in Davis Report 35-41.

42 Moore, 4648.

43 Moore, 4662.

44 This language is particularly significant when it is remembered that a number of Confederate cruisers were active long before the Confederate States came into possession of any of the inculpated cruisers.

45 Moore, 4116.