The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-09-19

| three IN Two voices, is of opinion that England
has not failed TO luinl hel uutics uuuer I'LL
40 far az relates to the Georgia, Sumter
Nashville, Tallahassee and Chickamaugs, the
COURTS unanimously of opinion that Great Bri
rain has not failed to fulfil the duties pre-
scribed under the three rules OF the treaty OF
by International law.
The court is of opinion that the Sallie, JEFF
Davis, Music, Boston and Joy are excluded
from consideration for var of evidence.
AWARD OF INDEMNITY.
And whereas, as far as relates to the par
ticular form OF indemnity claimed by the Uni
| ted States for costs incurred In the pursuit oil
| the cruisers, 1t is not, In the judgment of the
tribunal, properly dlstinguishable from the
| general expenses of war.
Therefore. the court is Of opinion, by o ma,
jorlty of three to two, that there is no ground
for awarding any sum by way OF indemnity
| under this head.
Whereas, prospective Injuries cannot prop
erly be made subject for compensation, mas.
\ much as they depend In nature on future and
certain contingencies, the tribunal Ia unani-
mously OF OPINION that there Is no ground for
award under this head.
Whereas, In order to arrive at an equitable
| compensation for damages sustained, IL is nee
essary to set aside all double claims Tor the
| same losses, and all claims for gross freight 30
far as it exceeds net freight.
And whereas, it Ia just and reasonable to
| allow interest at q reasonable rate.
Whereas. In accordance with the spirit and
| letter of the Treaty of Washington, it is pref
| cradle to adopt the form of adjudication OF q
| sum In gross, rather than refer the subject OF
| compensation for further discussion and de-
| liberation to the Board Assessors provided ID
article 10 of the Treaty of Washington, the
Tribunal OF notwithstanding the authority
| conferred on Its members by article OF Inc
treaty-by q majority of four voices awards TO
| the United States OF America the sum OF
$l5, 500, 900, In gold, as the indemnity TO De
| paid by Great Britain 10 the use OF the Amerl-
can Government tor satisfaction Of all claims
referred to the consideration OF the arbltratlng
tribunal.
Comfortably to the provisions contained In
article Z OF the treaty, and In accordance with
the terms OF article II of the treaty, the trl-
bunal declares that all claims which have been
referred to 1t Tor adjudication are hereby fully,
perfectly and finally settled.
The court Furthermore declares that each
aud every one of the sald claims, whether the
same may or may not have been presented to
notice or laid before the tribunal, shall hence.
forth be considered and treated as settled and
barred.
In testimony whereof, the present decision
and award has been made In duplicate and
signed by the srbitrators, who have given
assent thereto; the whole being in exact
conformity with the provisions of the
Treaty. OF Washington. Made and-con-
cluded at the Hotel de Vile, Geneva,
Switzerland, September the fourteenth, In
the year OF our Lord one thousand eight
hundred and seventy-two.
CHARLES FRANCIS ADAMS,
COUNT ScLoPrs,
JACOB ~STAEMPFLI.
BARON D. ITAJUBA.
Articles vi and VII OF the Treaty.
As Articles 6 and Z Of the Treaty of Washing.
ton are essential to a proper compreht- Ion of
OF the above decision, they are given below:
ARTICLE 6. In deciding the matters submit
ted TO The arbitrators they shall be governed
by the following three rules, which are agreed
upon by the high contracting parties as rules
to be taken as applicable to the case, and by
such principles OF international law not In
co: sisleat Herewith as the arbilrators shall
determine to have been applicable to the case.
Rules.-A neutral government Ia bound
First. To use duo diligence TO prevent the ht-
ting out, armlDg or ,%eqnipping, within its
jurisdiction, OF any vessel which It hasreRson-
able ground 10 believe is intended to cruise or
to carry on war against q power with which 1t
Is at peace; and also to use like diligence TO
prevent the departure from its Jurisdiction of
any vessel intended to cruise or 10 carry on
war as above, such vessel having been spe-
clally adapted, In whole or In part, Within
such Jurisdiction, to warllke use. Secondly.
Not to permit or suffer either belllgerent to
make use OF its ports or waters as the base OF
naval operations against the other, or TOR the
purpose of the renewal or augmentation OF
military supplies of arms, or The recruitment of
men. Thirdly. To exercise due diligence In
Its own ports and waters, and, as to all persons
within It's Jurisdiction, TO prevent any Viola
ton Of the foregoing obligations and duties,
her Britannia Majesty has commanded her
high commissioners and plenlpOtentiarles to
declare that her Majesty's Government can
not assent to the foregoing rules as q state
ment of principles Of International law which
were In force at the time when the claims
mentioned In Article l arose; but that her
Msjesty's Government, 10 order to evince Its
desire Of strengthening the friendly relations
satisfactory provision for the future, agrees
that In deciding the questions between the
countries arising out of those claims, the
arbItrators should assume that her Majesty's
Government had undertaken to act upon the
principles Set forth In these rules. And the
high contracting parties agree 10 observe
these rules az between themselves In future,
aud TO bring them to the knowledge OF other
maritime powers and to invite them to accede
10 them.
ARTICLE Z. The decision of the tribunal
shall, If possible, be made within three
months from the close of the argument on
both sides. It shall be made In writing and
and dated, and shall be signed by the arbltra-
tors who may assent 10 1t. The said tribunal
shall first determine as to each vessel sepa-
rately whether Great Britain has, by any act
or omission, failed to fulfil any Of the duties
set forth in the foregoing three rules, or re-
cognized by the principles OF International
law not inconsistent with such rules, and shall
certify such facts as to each ofthe said vessels.
In case the tribunal find that Great Britain
has failed to fulfil any duty or duties as afore-
said, 1t may, ifit think proper, proceed to
award a sum In gross to be paid by Great Bril-
tain to the United States for all the claims re-
ferred to It; and In such case the gross sum 30
shall be paid In coin by the Govern
ment of Great Britain to the Government of
the United States at Washington within
twelve months after the date Of the award.
The award shall be In duplicate, one copy
whereof shall be delivered to the agent oil
Great Britain for his government. and the
other copy shall be- delivered to the agent of
the United States for his government.
%rorsriss, fiquors, &r.
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