The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1872-09-19
Full Text OF the Decision of
the Geneva Board Of
ArbitratorS. s
The United States Awarded Fifteen
Million Five Hundred Thousand
Dollars il Gold. ~
Details Of the Conclusion Respecting
Baoh Of the Several Gases.
SwITZ ERLAND.
TIE Award by the Board of ArbEtra-


TIE Award by the Board of ArbItra
tion.' ~ @- ~s.
GENEVA, Sept i4-The Court Of Arbitration
met at half-past 10 this p M. delay in the arrva
of Sir Alexander Cockourn and Tenterden having
prevented its assembling at IL, the usual hour
Five Arbitrators the agents OF the respective Gov
ernments, several of the coansel, twelve ladies
and ten Journalists, were present Count Scopis
President of the Court, read the arguments of lht
Arbitrators concurring in the decision ofthe Tri
buna, and announced that the sum awarded to tht
United States was ST., 100000 in gold. Sir Alsxan
der Cockburn refused to sign the decision of tht
Tribunal. Count Sclopis was applauded when ht
concluded. After the adjournment Of the Cour
twenty-five guns were fred in honor of the CLOSING
labors. The English representatives leave or
Monday, the Americans on Tuesday.
GENEVA, Sept. lathe decision of the Alabama
Claims Arbitration Tribunal liz the award of the
settlement oftAe case between Great Britain and
the United States, delivered to-day in the Council
Room in this city, begins with recital in formal
technical language, of the terms of the Treaty Of
Washington, recites the names and titles of the
Arbi;rators; and agents appointed by arbitrating
governments; sets forth the facts of the assem-
verifcation of the powers of its members and the
presentation of the English and American cases
by the agents of the counsel.
Having concluded this legal and judicial pre-
face, the Court decision continues to declare GER
6dtina as follows .--=----.
The Tribunal. having fully taken into consider
alton the treaty, the cases, the counter-cases doc
uments, and all communications which have been
made, and having impartialIy and carefully exam
fned the same, has arrived at decision, and pre-
SCENTS asfollOws its award and basis Of award:
WHEREAS, Having regard to the sixth and sew
enth articles OF the Treaty ofWashiDgton, the Ar
bitraors are bound by the terms OF the seventh ar
ticle in deciding the matter submitted to them to
be governed by the three rules therein speci-
fed, and by such principles of international law
as are not inconsistent Herewith, as the Arbitra
tors shall determine applicable to the case.
WHEREAS, The due diligence referred to in tie
first and third said rules should be exercised by
neutral governments in exact proportion to the
risks to which either one OF the belligerents may
be exposed by failure to fulfill the obligations OF
neutrality on their part
WHEREAS, Circumstances out of which some OF
the subject matter Of the present controversy
arose were OF a nature to call forthe exercise on
the part ofHer Maiesty's Government o. all posi-
bic sOicitude for the Observance OF the rights and
duties involved in Her Majesty's proclamation Of
neutrality, issued on the thirteenth day OF May In
the year Of our Lord 1881, the effects of a violation
Of neutrality committed by means of the construc
ton, equipment and armament Of vessels are not
done away with by. any commission which The
government of a bclll9ereht power benefited by a
violation of neutrality may Afterwards grant that
vessel, and the ultimate step by which the onense
is completed, cannot be admit ted as ground for
the absolution oHthe offender; Tor can the con
summation Of his fraud become the 9mea OF es-
tabIshing his innocence o ~e~ 81
WHEREAS. The privilege OF exterritorial accor
ded tosyessels of war is admitted into the law Of
nations, not as an absolute right, but as founded
on principle of courtesy and neutral defense, and
therefore, never be applied TO for the justiea
ton Of acts done in violation of neutrality
AND WHEREAS, The absence ofprcvious eglsla-
tive rnle cannot be regardedas failure in the law
ofnatious in a in which the vessel carries its
own condemnation. IL
WHEREAS, In order to import TO the supplies of
coal Il character inconsistent with the second.rule
prohibiting the sc of n sutral ports and waters as
basis Of operation, iti3hecessary that such cup
plies be connected with the special circumstances
Of time, person and place IN
AND WHEREAS, with respect to the vess u called
the Alabama it is clearly the result from all the
facts relative to her construction III the port Of
Liverpool, her equipment and armament in The
vicinity Of Ferceira, through the agency Of other
vessels dispatched from Great Britain for that pur
pose that the British government failed to use due
diligence in the performance ofits neutral obliga
tions, Notwithstanding the official represents
tons made by the agents the United Estates du-
ring the construction Of said ship, omitted totake
effective measures for its prevention and that the
orders for her detention which the British govern
1nent did finally give were iasued late that the
execution of said orders was impracticable
AND WHEREAS, After the escape Of that vessel
the measures which were taken forlier pursuit and
arrest were 80 ilnperfect as to lead to the result
and cannot be considered asa sufficient releass
for Great Britain from the responsibility abe incur
red. v-t g.ya6f ri r1sy9. III, n
WHEREAs, Despite the violations of neutrilitJ
thus committed. the same vessel was on several oc
casions freely admitted to ports Of colonies 0
Great Britain, instead ofproceeded against as sht
ought to have been in any and every port unde
British jurisdiction where che might have beer
found.
AND WHEREAS, The Government OF England
cannot Justify itself for its failure in due diligence
on the plea Of insuficiency oflegal means of &C
ton it possessed four of the Arbitrators, for The
reasons above signed, andth fifth, Lord Chic
Justice Uockburn, for reasons separately assigned
by, him, are of thu opinion that Great Britain has
this case failed by omission to fulfill the duties