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
[Sidenote: The decision in the case of the _Shenandoah_, and other
vessels.]
The Tribunal then took up the case of the _Shenandoah_. The Arbitrators
were unanimously of the opinion in this case that the British
Government had not failed in due diligence anterior to the time when
the vessel entered the port of Melbourne. On the other hand, three of
the Arbitrators, Count Sclopis, Mr. Adams and Mr. Staempfli, held that
the British Government was responsible for all the acts of this vessel
committed after leaving Melbourne.
In regard to all the other vessels mentioned in the case of the United
States, excepting only the _Retribution_, the Arbitrators were
unanimous in the opinion that the British Government had not failed in
due diligence in the discharge of its duties as a neutral, and in
regard {317} to the _Retribution_ three of the five Arbitrators held
the like opinion. After hearing the additional arguments called for,
the Tribunal closed the doors on the 26th of August, and, without the
presence even of agents or counsel, deliberated upon the momentous
questions submitted to it. On the 9th of September the decision was
adopted. The Tribunal then adjourned to the 14th, upon which day the
decision was to be proclaimed to the world.
The public session of the Tribunal on the 14th was a solemn and an
imposing affair with nothing to mar the satisfaction of those who
participated in it, except the discourtesy of Sir Alexander Cockburn,
who not only kept the assembly waiting for his appearance long past the
appointed hour, but departed with unseemly haste at the close of the
valedictory pronounced by the president, Count Sclopis.
The award followed the line of the opinions already recited. It
convicted the British Government of a lack of due diligence in the
discharge of its neutral duties in the cases of the _Alabama_ and the
_Florida_ and their respective tenders, and also in the case of the
_Shenandoah_ from the time she left the port of Melbourne, but
exonerated it in all other cases.
The award also repeated the decision announced by Count Sclopis, on the
19th of June, excluding the claims for national and indirect damages,
and then fixed the amount due to the United States from Great Britain
in the gross 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." Sir Alexander Cockburn refused to sign the award, and
filed a statement of his reasons for his dissent. The other four
members of the Tribunal signed {318} it, and as the majority rule had
been provided for in the Treaty, both of the high contracting parties
were duly bound, and so regarded themselves.
[Sidenote: International principles settled by the Geneva Tribunal.]
Public-domain text, read in full here on John Shaqi.
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