o the United States for
the satisfaction of all the claims referred to the consideration of
the tribunal." Sir Alexander Cockburn, the British Commissioner,
dissented in a somewhat ungracious manner from the judgment of his
associates; but as the majority had been specially empowered to make
an award, the refusal of England's representative to join in it did not
in the least degree affect its validity.(8)
[NOTE.--The question of the fisheries--the last for whose adjudication
the Treaty of Washington provided--is referred to in a subsequent
chapter.]
[(1) The following extracts are from Hansard's Parliamentary Debates:--
May 16th, 1861. Earl Derby, in discussing our blockade of the Southern
coast, said: "A blockade extending over a space to which it is
physically impossible that an effectual blockade can be applied will
not be recognized as valid by the British Government." And he
intimated that "it is essentially necessary that the Northern States
should not be induced to rely upon _our forbearance_."
--Feb. 10, 1862. Earl Derby discussed the right of Mr. Lincoln to
suspend the writ of _habeas corpus_, and even when Congress had passed
a resolution affirming the course taken by the President, the noble
Earl declared that "No law can be shown to support the President's
exercise of the power."
--May 28, 1861. Mr. Bernal Osborne, in discussing the civil war in the
United States, said: "If this were the proper time, I could point to
outrages committed by the militia of New York in one of the Southern
States occupied by them, where the General commanding, on the pretext
that one of his men had been poisoned by strychnine, issued an order
of the day, threatening to put a slave into every man's house to incite
the slaves to murder their masters. Such was the general order issued
by General Butler."
--Feb. 17, 1862. Lord Palmerston discussed the Constitutional powers
of the Government, and said he knew that Mr. Seward and Mr. Lincoln
could not make war upon their own authority. "We know that very well.
_It requires the sanction of the Senate_."
--March 7, 1862. Mr. Gregory, in discussing the blockade of the
Southern ports, said: "Now I can assure my honorable friend that, so
far as I was concerned, I should have made use of no irritating
expression. I should have affirmed then, as, undeterred by what
has occurred since then, I affirm now, that secession was a right, that
separation is a fact, and that
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