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The Adjustment of the I’m Alone Case

Published online by Cambridge University Press:  12 April 2017

Charles Cheney Hyde
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Abstract

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Type
Editorial Comment
Information
American Journal of International Law , Volume 29 , Issue 2 , April 1935 , pp. 296 - 301
Copyright
Copyright © American Society of International Law 1935

References

1 See “I'm Alone” Case: Diplomatic Correspondence between the Governments of the United States and Canada concerning the Sinking of the “I'm Alone,” together with an Opinion of Attorney General William D. Mitchell and the Conventions of January 23 and June 6,1924, for the Prevention of Smuggling of Intoxicating Liquors, Department of State, Arbitration Series No. 2 (1); “I'm Alone” Case: Claim made by His Majesty's Government in Canada under the Provisions of Article IV of the Convention concluded January 23,1924, between the United States and Great Britain, id., No. 2 (2); “ I ‘m Alone” Case: Answer of the Government of the United States of America to the Claim of His Majesty's Government in Canada in Respect of the Ship “I'm Alone,” id., No. 2 (3); “I'm Alone” Case: Brief Submitted on Behalf of His Majesty's Government in Canada in Respect of the Ship “I'm Alone,” id., No. 2 (4); “I'm Alone” Case: Answering Brief of the Government of the United States of America to the Claim of His Majesty's Government in Respect of the Ship “I'm Alone,” id., No. 2 (5); Claim of the British Ship “ I ‘m Alone“: Statement with Regard to the Claims for Compensation Submitted by the Canadian Agent Pursuant to Directions Given by the Commissioners, Dated the 30th June, 1933, Ottawa, 1933; Claim in Respect of the Ship “ I ‘m Alone“: Statements Submitted by the Agent for the United States Pursuant to the Directions Given by the Commissioners, Dated the 30th June, 1933, Government Printing Office, Washington, 1934; Joint Final Report, Jan. 5, 1935, Department of State, Press Release, Jan. 9,1935; Department of State, Press Release of same date, descriptive of Joint Final Report; Mr. Hull, Secretary of State, to the Minister of the Dominion of Canada, Jan. 19, 1935, Department of State, Press Release, Jan. 21, 1935. The Joint Interim Report of the Commissioners, dated June 30, 1933, and the Joint Final Report of Jan. 5, 1935, are reprinted in this JOUBNAL, infra, pp. 326-331.

2 Joint Final Report of Jan. 5, 1935, Department of State, Press Release, Jan. 9, 1935, p. 3; this journal, infra, p. 329.

3 U. S. Treaty Series, No. 685; reprinted in this journal, Supplement, Vol. 18 (1924), p. 127.

4 “The Commissioners met at Washington on January 28,1932; at Ottawa on June 28-30, 1933; and at Washington on December 28, 1934-January 5,1935. During the last session, oral testimony of witnesses was heard by the Commissioners and arguments were presented by the Agents of both Governments.” (Department of State, Press Release, Jan. 9, 1935, p. 1.)

5 Joint Final Report of Jan. 5, 1935, Department of State, Press Release, Jan. 9, 1935, p. 3; this journal, infra, p. 329.

6 Joint Interim Report of the Commissioners of June 30, 1933, Claim of the British Ship “I'm Alone,” Statement with Regard to the Claims for Compensation Submitted to the Canadian Agent Pursuant to Directions Given by the Commissioners, Dated the 30th June, 1933, Ottawa, 1933, p. 6. A second aspect of this question concerned the possession by the United States of a right of hot pursuit of a vessel when pursuit was commenced within the distance of twelve miles established by the revenue laws of the United States and was terminated beyond that distance. Inasmuch as the American Government withdrew that part of its answer which led to the propounding of this second aspect of the question, the issue called for no answer.

7 Id., p. 6.

8 Id., p. 7.

9 Id.

10 Joint Final Report, Jan. 5,1935, Department of State, Press Release, Jan. 9, 1935, p. 3; this journal, infra, p. 329.

11 Id On Jan. 19, 1935, Secretary Hull, in behalf of the Government of the United States, tendered to His Majesty's Canadian Government an apology for the sinking of the vessel and announced that he was taking steps to obtain an appropriation for the sum which the Commissioners recommended to be paid by the United States to that Government. See Department of State, Press Release, Jan. 21, 1935.

12 Joint Final Report, Jan. 5,1935, Department of State, Press Release, Jan. 9,1935, p. 3; this journal, infra, p. 329. Accordingly, the sum of $25,666.50 was recommended as compensation for them, embracing $10,185 as compensation for the widow and children of Leon Mainguy.

13 Publications, Department of State, Arbitration Series No. 2 (5), p. 6.

14 American State Papers, Foreign Relations, I, 94.

15 See convention of Jan. 24, 1903, Malloy's Treaties, II, 787.

16 U. S. Treaty Vol. III , 2607; this journal, Supplement, Vol. 4 (1910), p. 239.

17 Charles E. Hughes, The Pathway of Peace, Representative Addresses, 1921-1925, New York, 1925, 3, 16.