Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-10-10

WHEREAS, The absence OF previous
legislative rule cannot be regarded
as failure in the law of nations, in /
case In which a vessel carries its owr
condemnation.
WHEREAS, In order to impart tc
supplies OF coal a character inconsis
tent with the second rule, prohibit
ing tho use of neutral ports and
waters as basis of operations, 1t i:
necessary that such supplies be con
nected With special circumstances o
time, person aud place.
| rHR ALABAMA.
WHEREAS, With respect to The
vessel called the Alabama, it clearly
results from all the facts relative tc
her construction in the port of Liver
pool, her equipment aid armamen,
in the vicinity OF Terceira, through
the agency OF other vessels dispatch.
ed from Great Britain tor that pur
pose, that the British Government,
failed to tse due diligence in the
performance of its neutral obliga.
tions, and, notwithstanding the OF.
fetal representions made by the
agents OF the United States during
the construction of the ship, omitted
to take effective measures Tor its pre-.
ven:ion, and thai the orders for her
detention, which the British Govern
ment did finally give. were issued SO
late that the executing OF said orders
was not practicable; and,
WHEREAS, After the escape OF that
vessel, the measures which were tax
en- for her pursuit and arrest were so
imperfect us to lead to no result, aud
therefore cannot be considered as a
sufficient release for Great Britain
for the responsibility she incurred.
WHEREAS, Despite the violations
of neutrality she committed, tho same
vessel was, on several occasions,
freely admitted to the ports OF the
colonies Of Great Britain, instead OF
being proceeded against, as she ought
to have been, in any and every pert
under British jurisdiction where she
might have been found.
WHEREAS. The Government of
England cannot Justify itself tor its
failure in duo diligence on the plea OF
insufficiency Of legal means OF action.
1t passed four of the arbitrators for
reasons above assigned, and the fifth,
Lord Chief Justice Cockburn, for
reasons separately assigned by HIM.
They are OF the opinion that Great
Britain has in this case failed uy
omission to fulfill the duties prescribe
ed IN the first and third rules cstab
lished by the Treaty of Washington.
THE FLORIDA.
WHEREAS, With respect to the
Florida, it results from all the facts
that the English authorities failed TO
take measures adequate to prevent
the violation of the neutrality, not.
withstanding the representations Of
the agents OF the United States to
the effect that Her Majesty's Gov.
ernment Jailed TO use diligence 10
fulfill the duties OF neutrality. l,
Likewise results from facts which
have been presented relative to the
stay Of the Oreto at Nassau, New
Providence, to her issue thence, her
enlistment OF men, her supplies, and
her armament with tho cooperation
OF the British vessel Prince Alfred,
that there was negligence on the
part OF the British colonial authori.
ties,
WHEREAS, Notwithstanding the
violation OF neutrality which Great
Britain committed in the case OF the
Orcto, the same vessel, at later
da:e called the Florida, was on sever
al occasions freely admitted to Brit
ish ports.
WMEREAs, The judicial acquittaf
of the Oreto at Nassau, New Provl-
dense, cannot relieve Great Britain
from tho responsibility incurred un-
der 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
a period OF tour months. ex,inguish
the responsibility previously incurred
by Great Britain.
For these reasons the Tribunal OF
Arbitration. by majority of four
votes 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 six
OF the Treaty OF Washington.
TnH SHENANDOAH.
WHEREAS, with respect to the case
OF the Shenandoah, 1t results from
facts placed before the court that in
the departure from the port OF Lon
don OF the Sea King, and her subse
quent transformation into cruiser
near Madeira, the English Govern.
ment is not chargeable with any fail.
ure down to that date in due dill
gence to fulfill the duties OF neutrali
W; but,
WHEREAS, It results from facts
connected with the stay ct the
Shenandoah At Melbourne, especially
by the augmentation which England
admits to have been clandestinely et
iected IN her force OF men by enlist
ments at that port, that there was
negligence on the part OF the British
authorities at that place.
For these reasons the Tribunal oi
Arbitration is unanimously of the
opinion that England has tailed, by
act of omission, to fulfill the dutie:
presented by the three rules OF ths
rreary oe Washington, or III observ
ance Of the principles Of internationa
law. With respect to the Shcnan
doah during the period Of time ante
rior to her entry Of the port Of Mel
bourne, and by majority Of three
to two votes the Tribunal decides
that Great Britain has failed III hev