The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-10-16

~ ltAitllu tuC huNiCc liGcIiioNN ia NhN hAs
and third rules established by the Treaty O.
Washington"
In the case of the Florida, the Court were O
the opinion that the British authorities did moi
use due diligence in preventing violation o.
neutrality notwithstanding the representation:
of the Agents of the United States. The Court
also held that the responsibility of Great Britain
was further established by the stay of the 0reta
afterwards the Florida) at Nassau, New Provi.
dence, and the enlistment Of men. the shipment
of supplies and armament with the assistance OF
British vessels the Prince Alfred being then 10
Green Bay; and that or several occasions the
vessel visited British Colonial ports. The Court
says: The judicial acquitta of the 0reta al
Nassau, New Providence, can not relieve Great
Britain from the responsibility incurred under
the principles Of international Law, nor can the
fact of the entry of the Florida into the Confed-
crate port of Mobile and her stay there during a
period Of four months extinguish the response
biGty previously incurred" Lord Chief Justice
COckburn dissented from the opinion of the ma
jority Of the Court in the case of the Florida.
In the case of the Shenandoah, the Court held
the British Government responsible for her acts
after her visit to Melbourne, by a vote of three
to two, as follows:
with respect to the case of the Shenandoah,
it results from the facts placed before the Court,
that in her departure from the port of London,
and her subsequent transformation into cruiser,
near Madeira, the English Government is not
chargeabe with any failure down to that date in
due diligence in fulfilling the duties of neutrality;
but it results from the facts connected with the
stay of the Shenandoah at Melbourne, especially
/ by the augmentation which England admits to
have been clandestinely effected in her force of
men by enlistment at that port, that there was
negligence on the part of the British authorities
of that place. For these reasons the Tribunal of
Arbitration is unanimously of the opinion that
! England has failed by act of omission to fulfill
the duties prescribed by the three rules of the
Treaty Of Washington. and in the observance of
the principles of international law with respect
to the Shenandoah during the period of time an
terror to her entry mo the port Of Melbourne,
and by majority of three to two votes, the Tr-
bunal decides that Great Britain has failed in her
duties as prescribed in the second aud third rules
of the Treaty in the case Of the same vessel,
Shenandoah from and after her entry into Hob
sons Bay, and is therefore responsible for the
acts of that vessel after her departure from Mel
bourne, on the 18th day of February, 1863"
The Court says in conclusion
Whereas in accordance with the spirit and
letter of the Treaty of Washington it is prefer
able to adopt the form of adjudication of sum
in gross rather than refer the subject of compen-
sation for discussion and delberation to the
Board of Assessors provided in Article Ten of
the Treaty of Washington. the Tribunal of Arbi-
tration, using the authority conferred on its men,
bers by Article Ten of the Treaty, majority of
four voices awards the United States of America
a sum of fifteen million five hundred thousand
dollars in gold, as the indemnity to be paid by
Great Britain for the use of the American Gov.
eminent, for the satisfaction of all the claims
referred to.
The arbitrnting tribunal couformably to the
provisions contained in Article Seven Of the
Treaty and in accordance with the terms of Arti-
Gle Eleven of the Treaty of Washington, declares
that all claims which have been referred to it for
adjudication are hereby fully, perfectly and iaally
settled. The Court furthermore declares that
each and every one of said claims, whether the
same may or may not have been presented to
its notice or laid before the Tribunal shall hence
forth be considered and treated as settled and
barred"
The decision was sigEed by four of the Arb
traitors, viz: Count Schlopis, Jacob Stearnnfi |
Baron dItajuba and Charles Francis Adams (;
Lord Chief Justrce Cockburn dissenting. Hap |
ply the final decision of this Court has left the
two kindred nations without difference, if we
may except what is called the " San Juan Diff
Guilty" which is IN the hands of the Emperor of
Germany.
The meeting of the Emperors of Russia, Ger
many and Austria has taken place, and the
anxiety felt in some quarters as to the possible
results to follow conference between them seems
to be altogether allayed. In Spain, there appears
to have been another attempt to stir up Carlist
lnsurrection, which fell to the ground, owing to
the fact that the principal Carists refused to par
ticipate. King Amadeus is evidently gaining
popularity and strength daily. He is received
at the different cities, visited by
him in his progress throughout his Kingdom.
The King has again announced the determination
Of the Government to quell the instruction in
Cuba twhere it is reported that As, 900 rebels are
10 arms,) and that additional troops will be sent
to the Island.
The Theirs Government in France seems to be
constantly gaining in strength and in the conf
ience of the people. The remuneration of the
treaty between France and England
S looked upon by many, particularly in the latter
as an unfortunate step of the French
Government which will tend to injure the COM
MERGE of both countries.
Great damage has been done to growing crops
10Th in Europe and America, and an unusual
lumber of persons have been killed by lightning,
in the United States.
CORRESPONDENT
NoTicE TO CORRESPONDENTS. Every person in
crested in the welfare Of this Kingdom has right I
o express his opinions in this paper.