The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1872-09-19

ties failed to take measures adequate to prevent
violation OF neutrality notwith standing the rep
RESERVATIONS OF agents of the United States to the
effect that Her Majesty's Government failed to use
due diligence to fulfill its duties of neutrality It
likewise results from the facts which have been
present ted relative to the stay of Oveta at Nassau
New Providence, to her issue thence, her enlist
ment of men, her supplies and her armament with
the cooperation OF the British vessel Prince Al
fred in Green Bay, that there was negligence on
the part ofthe British Colonial authority
| WHEREAS, Notwithstanding the violation of neu-
trality with Great Britain committed in the case
ofthe Oyeto, the same vessel at later date called
Florida, was on several occasions freely admitted
10 British ports and whereas indicial acquittal
of the Oveto at Eassua, New Providence, cannot
relieve Great Britain from the responsibility in
Cured under the principles OF international law
nor can the fact of the entry ofthe Florida into
the Confederate port Of Mobile and her stay there
during the period of four months, extinguish the
responsibility previously incurred by Great Bri
tain -.-.
For these reasons the Tribunal of arbitration,
by majority of four voices to one, are of the
opinion that Great Britain has in this case failed
by her omission to fulfill the duties prescribed in
the 1st I'd and Sd rules established in article of
the Treaty of Washington
b WHEREAS, With respect to the case of the Shen.
andoah it results from the facts placed before he
Court that in the departure from the port of Lon
don Of the Sea King and her subsequent transfer
to cruiser near Madeira, the English Govern
ment is not changeable with any failure down to
that date in due diligence to fulfill the euties of
neutrality but, whereas it results from facts con
nected with the stay of the Shenandoah at Mel
bourne, and especially by the augmentation which
England admits to + ave been clandestinely affected
under force ofmen by enlistsments st that port
that there was negligence on the part of the Bri-
fish at that place #Nn lg
. For these reasons the Tribunal CT Arbitration is
unanimously CT the opinion that England has not
failed by act of omission tosfulfll the duties pre-
scribed by the three rules of the Treaty Of Wash.
international law. With respect to the Shenandoah
during the period of time anterior to her entry in
TO the port of Melbourne, and by maj orlty of to
2 votes the Tribunal decides that Great Britain h "a
failed in her duties as prescribed by the second
and third rules OF the Treaty i'll the case of the
same vessel, the Shenandoah, from and alter her
entry into Hobson's Bay, and is therefore respon
sibe for the acts of that vessel after her departure
from Melbourne on the 18th day of February, 1865.
As relates to the case of the Tuscaloosa the
Clarence and the Tacony. the aiders of tenders to
the alabama ard Florida, the COURTS unanimous
y OF the opinion that these accessories must fol-
low the lot of their principles and submit to same
decision. f,2 ai',
As far as relates to the case of the prvateer Re
tribution, the Tribunal by majority of three to
two voices is Of the opinion that England has not
failed to fulfill her duties in the three rules
So far as relates to the Georgia, the Sumter, the
Nashville, the Tallahassee and the Chickamauga,
the Court is unanimously of the opinion tiat
Great Britain has not failed to fulfill the duties
prescribed under the three rules Of the treaty or
by international law.
The Court is Of the opinion that the sa lie, the
JEFF Davis, the Music, the Boston and Joy are ex-
Guided from consideration for want of evidence
AND WHEBEAs, So far az relates to the partc-
uar form Of idemnty claimed by the United |
States for cos's incurred in the pursuit of the
cruisers, it is not, in the judgment the Tribunal
properly distinguished from the general expenses
Dfthe war therefore the court is Of the opinion,
by majority of three tostwo, that there is no
ground for awarding aDy sum by way Of indemni-
ty under this head.
WHEREAS, Prospective injuries cannot properly
be made subject for compensation, inasmuch as
they depend the nature of future and uncertain
contingencies, the Tribunal is unanimously OIL
the opinion that there is no ground for award un-
der this head. 'a0t ao a.'#
WHEREAS, Ia order to arrive at an equitable
for the damage sustained 1t is neces-
sary to setas detail double claims for the same
losses and all claims for gross freight so far as it
exec eds net freight;
WHEREAS, 1t is just and reasonable to allow in
tcrest at a reasonable rate ""~
WHEREAS, In accordance with the spirit and
letter of the Treaty of Washington it is preferable
to adoptthe form Of adjudication Of sum in
gross rather than refer the subject of compensa-
ton for further discussion and delibsration TO q
boardo assessors provided form article 10 of the
Treaty Of WASHINGTON, the Tribunal of Arbitration.
usingthe authority conferred on its members nv
article oil the Treaty, by majority OF four voices
awards to ne Urited States of America the sum
Of fifteen million I'VE hundred thpnsand dollars mi
g oldas Indemnity to be paddy Great Britain to
tie use.of the American Government for satsfac-
ton Of all claims referred to the consideration of
the arbitrating tribunal.a 81. a ts4issa.. a. 4
'-'.t.st 4 10 Ia tsaesg inae - .Etal Gh3
gConformably to the provi sions Contained in ar
ticle OF the Treaty and in accordance with the
terms Of article II Of the Treaty, the Tribunal de-
clair5 that ali claims which have been referred to
it for adjudication are hereby fully perfectly and
finally settled.
~aThe Court furthermore declares that each and
every of said claims, whether the same NAV
or may not have been presented to the notice Of
or laid before the Tribunal, shall hcnceforth be
consldored,apd treated as settled and barred. ~
In testimony, whereof the present decision and
award has been made in duplicate, and signed nv