DAMAGES CLAIMED BY GREAT BRITAIN. 223 



subjects, were performed by the United States in the exercise of its 

 sovereignty, and the execution of its statutory laws, and no malice or 

 other unjust motive can be imputed to those acts. 



Among the claims presented by the United States in behalf of its 

 citizens to the Tribunal of Arbitration upon the Alabama claims, 

 which met at Geneva in 1872, under the treaty between Great Britain 

 and the United States, were a large number of claims like those now 

 under consideration, for the prospective earnings of ships destroyed 

 by the rebel cruisers in the late civil war of the United States, and 

 that tribunal, by the unauimous vote of its members, said in regard to 

 such claims: 



And whereas prospective earnings can not properly be made the 

 subject of compension inasmuch as they depend in their nature upon 

 future and uncertain contingencies, the tribunal is unanimously of 

 opinion that there is no ground for awarding to the United States any 

 sum by way of indemnity under this head. 1 



It is therefore respectf Lilly submitted that the rule of decision 

 adopted in the case of the Alabama claims is well established in the 

 jurisprudence of the two nations now at the bar of this High Tribunal; 

 and in the light of the authorities cited the undersigned respectfully 

 insists that the items in these claims for "probable catch," "estimated 

 catch," etc., which amount in the aggregate to over two-thirds of the 

 grand total of the claims presented, must be considered as wholly 

 speculative and so uncertain that Great Britain is not entitled to any 

 finding as to any fact involved therein, except the fact of their uncer- 

 tainty, which appears on the face of the claims themselves. 



In the claims growing out of the seizures of the Carolina, Thornton, 

 Onward, Hay ward, Grace, Anna BecJc, Dolphin, and Ada there are also 

 items for the future earnings of those vessels, 2 namely: 



No. 1, Carolina, seized 1886: 



Claims for earnings in 1887 $5, 000 



Claims for earnings in 1888 5, 000 



No. 2, Thornton, seized in 1886: 



Claims for estimated loss to owner by detention in 1887 5, 000 



Claims for estimated loss to owner by detention in 1888 5, 000 



No. 3, Onward, seized in 1886 : 



Claims reasonable profit for season of 1887 5, 000 



Claims reasonable profit for season of 1888 5, 000 



'Geneva Arbitration, Congressional publication, vol. IV, p. 53; see also Wheaton's 

 International Law (Boyd's 3d English edition), sec. 539, t, p. 592. 



2 Case of Her Majesty's Government, Schedule of Claims, pp. 5,9, 11, 19, 23, 27, 

 31, 36. 



