Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1872-09-25
nial authorities. Whereas, notwith.

NAL authorities. Whereas, notwith.
standing violation of neutrality
which Great Britain committed in
the case of the Oreto, the same ves-
sci, at later date called the Florida,
was OH several occasions frceley ad-
mittcd to British ports. and whereas
the judicial acquittal of the Orcto at
Nassau, New Providence, cannot re-
lieve Great Britain from the respon.
sibility incurred under the principles
of international law, nor can the fact
OF the entry of the Florida into the
confederate port of Mobile. and her
stay there during n period of four
months, cxtinguish the responsibility
previously incurred by Great Britain.
For these reasons, the tribunal Of ar.
bitration, by minority of four
voices to one. is of the opinion that
Great Britain has in this case failed,
by her omission to fulfil the duties
prescribed in the first, second and
tbisd ruics established III article of
the treaty at Washington. Whereas,
with respect to the case of the Shcn-
andoah, it results from the facts
placed before the court that in the
departure from the port of London
of the Sea King, and her subsequent
Transformation into cruiser near
Madeira. the English government is
not chargcablc with any failure,
down to the date, in due diligence to
fulfil the duties of neutrality. But,
whereas, as results from facts con-
nected with the stay of the Shcan-
doah at Melbourne. and especially by
the augmentation which England adj
mits to have been clandcstimely effect
cd in her force of men, by cn.istments
at that port, that there was negli-
gcncc OH the part of the British au-
thoritics at that place, for these rca-
sons: The tribunal of arbitration
are of the opinion that England has
not failed by acts of omission to full
ill the duties prescribed by the rules
of the treaty of Washington, or in all
observance of the principles Of inter-
national law with respect to the
Shenandoah during the period of
time anterior to her entry into the
port of Melbourne; and by a majority
of three to two votes the tribunal
has decided that Great Britain failed
i'll her duties as prescribed in the sec.
oud and third rules of the treaty in
the case of the same vessel, the Shen.
andoah. from and after her entry into
IIobson's bay, and is therefore re-
sponsiblc for the acts of that vessel
after her departure from Melbourne
on the 18th day of February, 1865.
As relates to the cases of the Tus-
caloosa, the Clarence, and the Taco
ny, the alder or tender to the Ala
bama and Florida, the court is unan-
imously of the opinion that these nc.
ccssorics must follow the lot of their
principals and submit to the same
decision.
AS far rs relates to the privatecr
Rctribution. the tribunal by ma
jority of three to two votes, is of the
opinion that England has not failed
to fulfil her duties under the three
rules. So far rs relates to the Georgia,
Sumter, Nashville, Tallahassee and
Chickamauga, the court is unani-
mously of the opinion that Great
Britain has not failed to fulfil the du-
ties prescribed under the three rules
of the treaty, or by international
law.
The court is of the opinion that
the Sallic, jeff. Davis, Music, Boston
and JOY are excluded from the con-
sideratiom for want of evidence.
| And, whereas, so far rs relates to
the particular form of indemnity
claimed by the United States for the
costs incurred in the pursuit of the
cruisers, it is not, in the judgment of
the tribunal, properly distinguish
able from the general expenses of the
war: therefore the court is of the
opinion. by majority of three to
two, that there is no ground for
awarding any sum by way of indcm-
nifty under this head.
Whereas, in order to arrive at an
equitable compensation for the dam
ages sustained, it is necessary to set
aside all double claims for the same
losses, and all claims for gross freight,
so far as it exceeds that freight; and.
whereas, it is considered reasonable
to allow interest at reasonable rate;
whereas. in accordance with the
spirit and letter of the treaty of
Washington it is preferable 10 adopt
the form of adjudication of sum in
gross, rather than refer the subject of
compensation for further discussion
and delibcration to the head of as
SCISSORS, as provided III article 10 of
the treaty of Washington, the tribu-
nal of arbitration using the authority
conferred on its members by article
I ofthc treaty by majority of four
voices awards to the United States
of America the sum of fifteen mill
lions five hundred thousand dollars
in gold, as indemnity to be paid by
Great Britain to the use of the Amer
lean government, for satisfaction of
all claims referred to the considcra-
ton of the arbitrating tribunal, coll
formally to provisions contained in
article seven of the treaty. And in ac-
cordancc with the terms of article
eleven of the treaty, the tribunal de-
clares that all claims which have been
referred to it for adjudication arc
hereby fully, perfectly and finally
settled.
The court furthermore declares
that each and every one of said
claims, whether the same may or
may not have been presented to the
voice or laid before the tribunal
shall henceforth be considered and
treated rs settled, and barred.
In testimony whereof the present
decision and award has been made
in duplicate and signed by the arbi.
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