Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-09-16
called the Alabama, i. clearly result. from

called the Alabama, It clearly results from
all the facts relative to her construction in
the port of Liverpool, and her equipment and
armament In the vicinity Of Terceira, through
the agency of other vessels despatched from
Great Britain for that purpose, that the Brit
lsh government failed to use due diligence in
the performance of neutral obligations, and
Notwithstanding the official representations of
the agents of the United States during the
construction of the said ship, omitted to take
effective measures of prevention, and that
the orders of detention which the government
did finally give were issued 30 late that the
execution of them was not practicable.
And whereas, after the escape of the yes.
sci the measures taken for her pursuit and
arrest were so imperfect that they led to no
result and therefore cannot be considered a
sufficient release of Great Britain from the
responsibility incurred; and whereas, despite
the violation of neutrality committed the same
vessel was on several occasions freely ad.
mitted to the ports of the colonies of Great
Britain, instead of being proceeded against
as she ought to have been in any and every
port of British jurisdiction where she might
have been; and whereas, the government of
England cannot justify itself for its failure in
due diligence on plea of insuf1ciency of le-
gal means OF action it possessed, four of the
arbitrators for the reasons above assigned and
the fifth, Lord Cockburn, for the reasons sep
arately assigned by him are Of the opinion
that Great Britain has in this case failed by
omission to fulfil duties prescribed in the first
and third rules established by the treaty of
Washington; and whereas, in respect to the
Florida results from all the facts that the
British authorities failed to take measures
adequate to prevent a violation of the neu-
trality law Notwithstanding the representa-
of of ~ Ma;o
tvs government 1t failed to use due diligence
to fulfil the duties Of neutrality it likewise
results from the stay of the Oreto at Nassau
to her issue thence to her enlistment of men
and her supplies Of packed armament with
the CO. operation of a British vessel, the Prince
Alfred in Green Bay, that there was negli-
genee on the part of the British colonial au-
thorities; and whereas, notwithstand the vio-
lation of the neutrality law by Great Britain
committed by the same vessel, later called
the florida, was on several occasions freely
admitted in British forts and whereas the
judicial acquittal of the Nassau cannot relive
Great Britain from the responsibility incurred
under the principles of International law,
nor can the fact of the entry of the Florida
into Mobile or four months stay extnguish
the reSp possibility incurred by Great Britain
for these TT asons the tribunal by a majority
of to is Of the opinion that Great Britain
has in this case failed by omission to fulfil
the duties prescribed in the first, second and
third rules established in article six of the
treaty of Washington.
With respect to the Shenandoah by a ma
jorty of two to three votes the tribunal de-
cides that Great Britain has failed in her du-
ties as prescribed by the second and third
rules.
In the matter Of the Tuscaloosa, Clarence,
Laconay and Archer, tenders to the Alabama
and Florida, the tribunal is of the opinien
that they must follow the lot and submitted
to the same decision as the principals.
The Retributon has not violated either of
the rules.
To the Georgia, Sumpter, Nashville, Talla-
the opinion that England has not failed to full
FL her duties.
The Sallie, JEFF Davis, Music, Boston and
Jay are excluded from consideration for want
of violence.
The costs of pursuit of the cruisers are
not before the tribunal and no indemnity is
awarded under this head.
The tribunal using the power conferred by
the treaty, by q majority of four voices,
awards to the United States the sum of $751;
500, 900 in gold, as the indemnity to be paid
by England to the United States
The tribunal declares that all the claims
referred to it are hereby fully, perfectly and
finally settled.
Made and concluded at the Hotel de Vile,
Geneva, Switzerland Sept. IA, 1872.
(Signed) CHARLES FRANCIS ADAMs,l
SCLEoPIs, SrAEMFHLI,
ITAJUBA.