The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1872-09-26

tive rule cannot be regarded as failure in the law
OF nations, In case IN which vessel carries Its
own condemnation; and
WHEREAS, In order to impart to supplies of
coal character inconsistent with the second rule,
prohibiting the of neutral ports and waters as
basis of operations, ii is necessary that such sup
plies be connected with special circumstances of
time, person, and place; and
WHEREAS, With respect to the vessel called the
Alabama, it clearly results from all TT facts rela
tive to her construction in the port OF Liverpool.
her equip ment and armament in the vicinity of
Terceira, through the agency of other vessels dis
patched from Great Britain for that purpose that
the British Government failed to use due diligence
in the performance of its neutral obligations, and
Notwithstanding the official representations made
by the agents of the United States during the
structiOn of said ship, omitted to take effective
measures for its prevention, and that the orders
for her detention, which the British Govern
m me ddd hnay gye, were issued SO late Tat
and
WHEREAS, After the escape of that vessel the
measures which were taken for her pursuit and
arrest were imperfect to lead to no result,
and therefore cannot be considered as sufficient
elease for Great Britain from the responsibility
she incurred; and
WHEREAS, Despite the violations of neutrality
thus committed, the vessel was on several
occasions freely admitted to ports of the Colonies
of Great Britain, instead of being proceeded
against as she ought to have been in any and every
port under British jurisdiction, where she might
have been found; and
WHEREAS. The Government of England cannot
justify itself for its failure in due diligence the
plea of nsufciency of the legal means of action il
possessed, four of the Arbitrators for reasons
above assigned, and the fifth, Lord Chief Justice
Cockburn, for reasons separately assigned
by him, are of opinion that Great Britain has in
this case failed by omission to fulfill the duties
prescribed in the first and third rules established by
the Treaty of Washington; and
WHEREAS, With respect to the Florida, it results
from all the facts that the English authorities fail
ten of neutrality, Notwithstanding the representa-
tons OF the agents of the United State
hs aad to u Hsr a Gssi eoc
to fulfill its duties of neutrality. 1t likewise re-
suits from facts which have been presented relative
to the stay of the Oreto at Nassau, New Provi.
dence; to her issue thence, her enlistment Of men
her supplies and her armament with the co-opera-
ton of the British vessel Prince Alfred, in Green
Bay. that there was negligence on the part OF the
British Colonial authorities; and
WHEREAS, Notwithstanding the violation OF
neutrality which Great Britain committed in the
of the Oreto, the same vessel, at later date
called the Florida, was on several occasions freely
admitted to British ports; and
WHEREAS, The judicial acquittal of the Oreto at
Nassau New Providence, cannot relieve Great
Britain from the responsibility incurred under the
principles OF International law nor can the tact OF
the entry of the Florida into the Confederate port
of Mobile, and her stay there during period OF
| four months, eXtinguish the responsibility previ-
ously incurred by Great Britain. For tn csc
reasons the Tribunal of Arbitration, by majority
of four voices to one is of the opinion that Great
Britain has in this case failed by her omission to
fulfill the duties prescribed in the first, second and
third rules established in Article of the Treaty
| of Washington: and
WHEREAS, With respect to the case of the
| Shenandoah, it results from facts placed before
the Court tRat 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 chargeable with any
failure down to that date in due diligence to fulfill
| its duties of neutrality; but,
WHEREAS, 1t results from facts connected with
| the stay of the Shenandoah at Melbourne and
especially by the augmentation which England ad
mits to have been clandestinely effected in hel
force of by enistments at that port that there
was negligence on the part of the British authori
ties at that place. For these reasons the Tribunal
OF Arbitration is unanimously of opinion that
hoe S1ol f,,1G
| the duties prescribed by the three rules of the
Treaty of Washington, in the observance of the
principles of international law, with respect to the
Shenandoah, during the period of time anterior tC
her entry into the port of Melbourne and, by
| majority of three to two votes, the Tribunal de
cldes that Great Britain has failed in her duties
prescribed in the second and third rules of the
Treaty, in the of the vessel. the Shenan
1oah, from and after her entry into Hobson's Bay
and is therefore, responsible for the acts of thai
vessel after her departure from Melbourne on the
18th day of February, 1865
AS relates to cases of the Tuscaloosa, the Clar
ence. and Tacony the aiders or tenders to the Ala
bama and Florida, the Court is unanimously of the
opinion that these accessories must follow the lo
OF their principals, and submit to the same de
clsiOn.
AS far as it relates to the case of the privateel
Retributon, the Tribunal, by majority of three
| to two voices, is of the opinion that England
has not failed to fulfill her duties under the three
rules.
So far as relates to the Georgia. Sumter, Nash
vile, Tallahassee, and Chickamauga the Cour
is unanimously of opinion that Great Britain has
three rules of the Treaty, or by international
law
The COURTS of opinion that the Sallie jeff Da
Wis, Music, Boston. and Joy excludes from con
ksideration for want of evidence; and
WHEREAS, So far relates to the particular form
of indemnity claimed by the United States fol-
costs incurred in the pursuit of cruisers, it is
| in the Judgment of the Tribunal properly distin
guishable from the general expenses of the war
therefore. the Court is of opinion, by majority OF
three to two, that there is ground for awarding
any sum by way of indemnity under this head.
WHEREAS, Prospective Injuries cannot properly
be made subjects for compensation. irasm UGH as
they depend on the nature of future and uncer
of opinion that there is no ground for award under
this head: and
WHEREAS, In order to arrive at an equitable
compensation for the damages sustained, 1t is nee
essary to set aside all double claims for losses
and claims for gross freight so far as it exceeds
WHEREAS it is just and reasonable to allow in
| terest at a reasonable rate and
WHEREAS, In accordance with the spirit and let
ter of the Treaty of Washington it is preferable
to adopt form of adjudication of sum in gross
rather than refer the subject of compens alton for
further discussion and deliberation to the Board
of Assessors provided in Article 10 of the Treaty
of Washington, the Tribunal of Arbitration using
of the Treaty, by majority of four voices
awards to the United States of America the sum OF
s15,5o0,OoO in gold as the indemnity to be
American Government, for the satisfaction
of all claims referred to the consideration of the
Arbitrating Tribunal, conformably to the pro
visions contained in Article Z of the Treaty, and
in accordance with the terms of Article IL of the
Treaty. The Tribunal declares that all claims
which have been referred to it for adjudication
are Hereby fully, perfectly, and finally settled.
The Court Furthermore declares that each and
every one of said claims, whether the same may
may not have been presented to the notice of OF
laid before the Tribunal, shall henceforth be con
sidered and treated as settled and barred.
In testimony whereof, the present decision and
ava I'd has been made in duplicate and signed by
the Arbitrators, who have given assent thereto
the whole being in exact conformity with the pro
visions of the Treaty OF w Washington.
Made and concluded at the Hotel de Vile, Gen.
eva, Switzerland, September IA, A D. 1872
CHARLES FRANCIS ADAMS,
COUNT SCLoPIS,
JACOB STAEMPFII