consistent therewith," in respect 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 decides 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 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 Retribution, The tribunal, by a majority of three to two voices, is of opinionThat 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 inconsist ent 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 by 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 cannot properly be made the subject of compensation, inasmuch as they depend in their nature upon future and uncertain contingencies: 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 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 Arti cle VII, of the said treaty, by a majority of four voices to one, awards to the United States a sum of $15,500,000 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 accordauce 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, or 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 Hotel 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. CHARLES FRANCIS ADAMS. VICOMTE D'ITAJUBA. RULES FOR TAKING TESTIMONY. COURT OF COMMISSIONERS OF ALABAMA CLAIMS, Washington, D. C., —, 1875. SIR: I inclose herewith interrogatories and cross-interrogatories to be used in the examination of of of against the United States, No. in the claim 9 In the examination of this witness, you will be pleased to conform to the following rules. I am, sir, your obedient servant, Το esq., Commissioner, &c. Clerk. RULES. 1. You will require the witness to hold up his right hand, and make solemn oath [or if he have conscientious scruples against taking an oath, to affirm to tell the truth, the whole truth, and nothing but the truth relative to the matters now to be inquired of.” 2. You will allow no person to be present except the witness, unless it be needful for you to employ a third person to write down for you the witness's answers. 3. You will put each interrogatory, and write down in full the an swer thereto, before proceeding to the next succeeding interrogatory. Endeavor to reduce to writing, so far as possible, the exact words of the witness. Should any alteration be necessary, note it over your initials, without making erasure or interlineation. 4. After the witness has fully answered all the interrogatories, and you have reduced his answers to writing, you will read over to him each question and his auswer thereto, and permit him to make at the end of his deposition such correction as he may desire, and give reason for. He will then sign his deposition, as will you, with your full name and title. 5. You will begin the deposition as directed in the accompanying form A. 6. You will add to the deposition a certificate, as per accompanying form B. 7. Should it be necessary to adjourn the hearing, you will make a note of it in the deposition. 8. The sheets should be carefully connected, and the interrogatories which you receive with the deposition should be mailed to my address. 9. You will also sign your name at the bottom of each page of the deposition. FORM A. taken in the case of The deposition of claimant, vs. The United States, No. -, upon written interrogatories filed by the claimant, and cross-interrogatories filed by the United States, a duly-appointed commissioner, on 1875, to be used in the Court of Commissioners at before me, the day of of Alabama Claims. FORM B. 187-. I, a commissioner duly appointed by the Court of Commissioner of Alabama Claims to take the testimony of to be used in the case of vs. The United States, before day of the said court, do hereby certify that on the before me; that I administered an oath to said 187-, that he would tell the truth, the whole truth, and nothing but the truth relative to the matters to be inquired of; that his deposition was then reduced to writing by me, [by a clerk appointed by me for that pur pose,] and no interrogatory was put to the witness until the previous interrogatory had been answered by him; that the whole deposition was carefully read by him, and that he subscribed the same. And I do further certify that I have no interest whatever in any of the claims referred to in this deposition. In testimony whereof, I have hereunto set my hand and seal thisday of 187-. [SEAL.] [No. 30.] COURT OF COMMISSIONERS OF ALABAMA CLAIMS, 1514 H street N. W., Washington, D. C., 187-. : SIR: Owing to a very general misunderstanding as to the manner of taking testimony to be used before this court, I would call your attention to the annexed rules, which must be observed in every case except where a special order of the court is obtained to the contrary. No testimony will be placed on file until all the requirements of these rules shall have been complied with. I am, sir, your obedient servant, JOHN DAVIS, Clerk. RULES. 1. No commissioner shall take testimony except after receipt of a certificate of record of a rule for that purpose, as per inclosed blank. 2. The certificate must be filled out on the face, and signed by the clerk of the Court of Commissioners of Alabama Claims, and must have the seal of said court attached. 3. The certificate must show on the back a notice to the counsel on behalf of the United States for the full twenty days required by rule VII of the Court of Commissioners of Alabama Claims. 4. The certificate must show on the back also the acceptance of said notice by said counsel on behalf of the United States. 5. When testimony is taken in the same case before different commis. sioners, a certificate must be filed with each commissioner. 6. When the testimony in any case has been filed with the clerk of this court, further testimony may be taken in the same case before the same commissioner without another certificate; provided a written agreement to that effect is filed with the said commissioner, signed by the assistant counsel of the United States present when the testimony was first taken, and the counsel for the claimant. 7. After the certificate shall have been obtained, and the counsel on behalf of the United States shall have received and accepted notice for the full twenty days, special agreements in writing may be made by the assistant counsel of the United States in charge of any case, and the counsel of the claimant, changing the date of taking testimony. 8. The certificate of record and all written agreements of counsel must be forwarded to the clerk of the Court of Commissioners of Alabama Claims with the testimony. EXTRACTS FROM THE RECORD OF THE COURT OF COMMISSIONERS OF ALABAMA CLAIMS. The following resolutions were presented to the court on behalf of the bar by the Hon. JOHN A. J. CRESWELL, counsel on behalf of the United States, and the clerk was directed to enter them among the records, and to send a copy of them to the family of the late MARTIN RYERSON. RESOLUTIONS. The Hon. MARTIN RYERSON, of New Jersey, lately a judge of this court, having departed this life, it is hereby resolved 1. That the members of this bar have received with unfeigned sorrow intelligence of the death of Judge RYERSON. 2. That his well-established reputation for ability and integrity justify the opinion that if his life and health had been spared he would have brought to the discharge of his duties as a member of this court the highest qualifications of an upright, fearless, and impartial judge. 3. That the heart-felt sympathy of this bar is extended to the family and relatives of the deceased. 4. That this court be requested to order these resolutions to be entered among the records of the court, and that a copy thereof be sent to the family; and, as a further mark of respect, that this court do now adjourn. June 24, 1875. JOHN A. J. CRESWELL, esq., counsel of the United States, on behalf of the bar of this court, announced the death of CALEB BALDWIN, of Iowa, recently a judge of this court, and presented a series of resolutions, which he moved to have entered on the records of the court. JAMES LOWNDES, esq., seconded the motion. After remarks by Mr. CRESWELL and Mr. LOWNDES, the court ordered that the resolutions be placed on the records, and the clerk was directed to send a copy thereof to the family. RESOLUTIONS. The Hon. CALEB BALDWIN, of Iowa, recently a judge of this court' having departed this life, it is hereby resolved 1. That the members of the bar of this court have received with unfeigned sorrow intelligence of the death of Judge BALDWIN. 2. That in the discharge of his duties as a member of this court, he not only displayed a high order of ability, but always bore himself as became an upright, learned, and impartial judge. 3. That the heart-felt sympathy of this bar is extended to the family and relatives of the deceased. 4. That the court is hereby requested to order that these resolutions be entered on its minutes, and that a copy thereof be sent to the family; and, as a further mark of respect, that this court do now adjourn. December 29, 1876. The court desires to place upon record an expression of their sense of the value of the services of the Hon. JOHN A. J. CRESWELL in the discharge of his duties of counsel on behalf of the United States. He has exhibited unwearied industry in the investigation of the facts of the several cases, great research in examination of the difficult questions of law often arising, and great ability in presenting to the court his views both of the facts and law; with an earnest zeal to protect the rights of the Government, he has yet been entirely fair and just to claimants. |