Page images
PDF
EPUB

to the vessel called the Shenandoah, during the period of time anterior to her entry into the port of Melbourne.

And by a majority of three to two voices, the Tribunal declares that Great Britain has failed, by omission, to fulfill the duties prescribed by the second and third of the Rules aforesaid, in the case of this same vessel, from and after her entry into Hobson's Bay, and is therefore responsible for all acts committed by that vessel after her departure from Melbourne on the 18th day of February, 1865. And so far as relates to the vessels called

The Tuscaloosa
(Tender to the Alabama),
The Clarence,
The Tacony, and
The Archer

(Tenders to the Florida),
The Tribunal is unanimously of opinion,

That such Tenders or auxiliary vessels, being properly regarded as accessories, must necessarily follow the lot of their Principals, and be submitted to the same decision which applies to them respectively.

And so far as relates to the vessel called the Retribution,
The Tribunal, by a majority of three to two voices, is of opinion,

That Great Britain has not failed, by any act or omission, to fulfill any of the duties prescribed by the three Rules of Article VI. in the Treaty of Washington, or by the principles of International Law not inconsistent therewith. And so far as relates to the vessels called

The Georgia,
The Sumter,
The Nashville,
The Tallahassee, and

The Chickamauga, respectively,
The Tribunal is unanimously of opinion,

That Great Britain has not failed, by any act or omission, to fulfill any of the duties prescribed by the three Rules of Article VI. in the Treaty of Washington, or by the principles of International Law not inconsistent therewith. And so far as relates to the vessels called

The Sallie,
The Jefferson Davis,
The Music,
The Boston, and

The V. H. Joy, respectively,
The Tribunal is unanimously of opinion,
That they ought to be excluded from consideration for want of evidence.

And whereas, so far as relates to the particulars of the indemnity claimed ty the United States, the costs of pursuit of the Confederate cruisers are not, in the judgment of the Tribunal, properly distinguishable from the general expenses of the war carried on by the United States,

The Tribunal is therefore of opinion, by a majority of three to two voices,

That there is no ground for awarding to the United States any sum by way of indemnity under this head.

And whereas prospective earnings can not properly be made the subject of compensation, inasmuch as they depend in their nature upon future and uncertain contingencies,

The Tribunal is unanimously of opinion,

That there is no ground for awarding to the United States any sum by way of indemnity under this head.

And whereas, in order to arrive at an equitable compensation for the damages which have been sustained, it is necessary to set aside all double claims for the same losses, and all claims for “gross freights ” so far as they exceed “net freights;”

And whereas it is just and reasonable to allow interest at a reasonable rate;

And whereas, in accordance with the spirit and the letter of the Treaty of Washington, it is preferable to adopt the form of adjudication of a sum in gross, rather than to refer the subject of compensation for further discussion and deliberation to a Board of Assessors, as provided by Article X. of the said Treaty:

The Tribunal, making use of the authority conferred upon it by Article VII. of the said Treaty, by a majority of four voices to one, awards to the United States the sum of fifteen millions five hundred thousand Dollars in gold as the indemnity to be paid by Great Britain to the United States for the satisfaction of all the claims referred to the consideration of the Tribunal, conformably to the provisions contained in Article VII. of the aforesaid Treaty.

And, in accordance with the terms of Article XI. of the said Treaty, the Tribunal declares that all the claims referred to in the Treaty as submitted to the Tribunal are hereby fully, perfectly, and finally settled.

Furthermore, it declares that each and every one of the said claims, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the Tribunal, shall henceforth be considered and treated as finally settled, barred, and inadmissible.

In Testimony whereof this present Decision and Award has been made in duplicate, and signed by the Arbitrators who have given their assent thereto, the whole being in exact conformity with the provisions of Article VII. of the said Treaty of Washington.

Made and concluded at the Hôtel de Ville of Geneva, in Switzerland, the 14th day of the month of September, in the year of our Lord one thousand eight hundred and seventy-two.

(Signed) C. F. ADAMS.
(Signed) FREDERIC SCLOPIS.
(Signed) STÆMPFLI.
(Signed) Vicomte d'ITAJUBÁ.

« PreviousContinue »