The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-09-16
FOREIGN
The Geneva Tribunal.
ITS DECISION IN FULL. 81

GENEVA, Sept. 14-The decision Of the tr-
bunal awarding damages to the United States
begins with recital of the formal language of
the terms OF the treaty OF Washington. The
names and titles of the arbtratoFs and agen is
of the assembly at Geneva. The exchange of
powers, the presentation of the cases, ard con-
tinues verbatim as follows: .Tl-"-- .1i
The tribunal having fully taken in consider
alton the treaty cases. counter cases docu ne ts,
evidence and ali communications made, has
impartially and carefully examined the same,
and has arrived at . decision embodied in the
present award: rs..-..-. it is,..l... l.F .- ..
Whereas Having regard for the 9th and 7th
articles of the treaty, the aIbttrators are bound
by the terms of the 18th article in deciding the
matters submitted to be governed by three
rules therein specified, and by such principles
of international law not inconsistent Herewith
as the arbitrators shall determine to be applica-
lie to the case: and
Whereas, The due diligence referred to in
the LIST and Sd of said rules should be exercised
by the neutral governments in exact proportion
to the risks to which either beligerent may be
exposed by failure to fulfill the obligation of
neutrality on their part and
Whereas, The circumstances ont of which
the facts of the subject matter of the present
controversy arose were of nature to call for
the exercise on the part of Her Maiesty's gov
eminent all possible soictude for the observ-
ancc of the rights and duties Involved in the
proclamation issued May 18th, 1861; and
trality committed by means of the construction
equipment and armament OF vessels are not
done away with by any commission which the
governments of belligerenl powers benefited
by the violation of neutrality may grant that
vessel and ultimate steps by which the offence
is completed cannot be admitted as ground for
absolution of the offender nor the consumnla-
tion Of his fraud become the means of estab-
fishing his inlocense; and etE % &aE
Whereas, the privilege Of Intentionally &C.
fn SnlS r @It.,tf ~,
| law vi nations, not as an absolute right but as
| founded on principle of courtesy and mutual
| difference, and therefore can never be appealed
to for justification of acts done in violation of
| neutrality; and ~ st - - 81 y
| Whereas, the absence Of previous knowledge
cannot be regarded as :. failure in the law of
| nations in case in which u vessel carries its
own condemnation; and
| whereas, in order to mpart to the supplies
| o. coal Character inconsistent with the q
ule prohibiting tie use of neutral ports and
| waters rs d base OF operations the necessary
| supplies must be connected with the special
| circu instances OF time, person and place; and
Whereas, in respect to the vessel called the
| Alabama, it clearly results from all the facts
| relative 30 her construction i'll the port OF Liv-
erpool, ana her equipment, and armament in
| the vicinity of Eernei, through the agency of
other vessels dispatched rom Cit. Britain foI
that purpose, that the British government fail
ed to use due diligence IN the Performance oi
neutral obligations, and Notwithstanding the
| Official representations of agents of the United
States duri:lg the construction of said ships
| omitted to take effective measures oil proven
ton and the orders of detention which the gov
erninentdid finally give, were issued so lat.
that the execution OF them was not practicable
| and
| Whereas, after the escape of the vessel tlC
measures taken for her pursuit and arrcst wer,
50 imperfect that they led to no result ant
therefore cannot be considered "a sufficient re-
lease of Great Britain from the responsibility,
incurred; and
Whereas despite the violation OF uoutralit /,
committed the same vessel was on several oc
casions freely alluitted 10 tue ports of the cnl
OnicS of Grcat Hritain instead of bcin. proceed
ed agaiost rs she oughtto have been, in an,
aa,i every Jort of British jurisdiction " here sh,
might base been fQulld; and .Trft q
| Whereas, the government OF England can
not justify itself for its failure and due dill
gence plea Of insuiiicicncy of legal mean
OF action it possessed; four of the arbitrator
for the reasons above assigned, and the 9TH
b Lord CUcllburn, for the reasons separately as
sigucd by linn, arc "f the opinion that Crea
Britain has i'll ibis case failed by commission t
fulfill duties prescribed in the FIRST and thir
rules established by the Treaty of Washington
and ...
Whereas, in respect to the Florida, result
from all the facts, that the English suthoritie
failed TO take measre adequate to prevent
violation of the neutrality law, notwithstand
ing the representations of the agent of tn
United States 1T Her Majcsty's government;
waited to use due diligence to fulfill the dutie
Of neutrality; it likowisc results from the sta
OF the Oveto ut Nassau to her issue thence t
her enlistment Of men and her supplies an
packed armament, with the corporation OF
British vessel the Brince Alfred, in Gree
Bay, chat there was negligence on the part G
the British Colonial authorities; and
Whereas, Notwithstanding the violations G