Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
{315} It was supposed by the Americans that the whole case on both
sides was now in, and that, unless the Arbitrators should require
further argument or statement in reference to specific points, the
Tribunal would now proceed to make its decisions. But the British
counsel and the British agent immediately petitioned the Tribunal to be
allowed to prepare and present another argument, and to have six weeks'
time in which to do it, and even the member of the Tribunal appointed
by the British Government exerted himself to secure this delay and this
new opportunity for the British agent and his counsel. The Tribunal
felt, however, that it was in possession of the evidence and the
argument necessary for determining the question before it, and refused
the request.
The Tribunal now adjourned to the 15th of July, in order to give its
members time and opportunity to study the cases. On the 15th, the
arbitrators reassembled and invited the agent and counsel of each of
the high contracting parties to sit with them in their conferences. To
all others, however, the doors were closed. They spent some two days
discussing the order of the procedure which they should follow, and
finally adopted the order proposed by Mr. Staempfli, and also indicated
in the Treaty itself, which was to take up the case of each vessel
separately, and allow each Arbitrator to express a provisional opinion
upon it, which opinion, however, should not be conclusive even on the
Arbitrator himself who gave it.
[Sidenote: The decision of the Tribunal in the case of the _Florida_.]
On the 17th of the month (July), the Tribunal proceeded to take up the
case of the _Florida_ and to hear the opinions of the Arbitrators upon
it. Four of the five Arbitrators were of the opinion that the British
Government had failed to exercise due diligence in the discharge of its
neutral duties toward the United States in this case. Sir Alexander
{316} Cockburn alone disagreed with this view. The four also held that
the tenders of the _Florida_ should follow the lot of their principal.
The reading of the opinion in the case of the _Florida_ was finished on
the 22d, and the Tribunal adjourned to the 25th.
Upon the reassembly of the arbitrators, Baron d'Itajubá called on the
British counsel for a statement or an argument on the questions of due
diligence, and of the effect of commissions held by Confederate war
vessels which had entered British ports, and of the legitimacy of coal
supplies to Confederate vessels in British ports. Of course the counsel
of the United States would be permitted to reply.
[Sidenote: The decision in the case of the _Alabama_.]
The Tribunal approved the proposition, and then proceeded to the case
of the _Alabama_. The Arbitrators agreed unanimously in their views of
this case, holding the Government of Great Britain guilty of a lack of
due diligence. The case of the tender to the _Alabama_ was viewed in
the same light.
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