The Life and Times of Queen Victoria; vol. 4 of 4Wilson, Robert
History
The Life and Times of Queen Victoria; vol. 4 of 4
Wilson, Robert
Great Britain -- History -- Victoria, 1837-1901; Victoria, Queen of Great Britain, 1819-1901
The Americans then withdrew the obnoxious part of their “case,” and
the arbitrators awarded to the United States £3,229,000 damages
against England for the depredations committed by three out of the ten
Confederate cruisers which, it was alleged, the British Government had
negligently permitted to escape from British ports. The American claim
for naval expenses incurred in chasing these cruisers was, however,
rejected, because the arbitrators held that it could not be practically
distinguished from the general cost of the war. The Lord Chief Justice
of England--one of the members of the Tribunal--concurred in the
judgment as regards the _Alabama_. He differed from all his colleagues
in regard to the _Florida_, and he and the Brazilian arbitrator
differed from the majority as to the case of the _Shenandoah_.[39] The
failure of the English Government to seize the _Florida_ and _Alabama_,
when they put into British ports after they had made their escape, was
evidently the fact which bore most strongly against England in the
opinion of the Geneva Tribunal. The American claims for damages in
respect of the _Georgia_, _Chickamauga_, _Nashville_, _Retribution_,
_Sumter_, and _Tallahassee_, were rejected. On the whole, public
opinion on both sides of the Atlantic, though not quite satisfied with
the verdict, allowed that there had been a fair fight and a fair trial.
Lord Chief Justice Cockburn’s dissenting judgment, however, expressed
the feeling of the English people, which was this. “Let us admit,” they
said, “the _ex post facto_ rule making neutrals liable for damages
if they do not exercise ‘due diligence’--the ‘dueness of diligence’
to be always proportionate to the mischief the vessels might do--in
preventing the escape of cruisers, and in re-capturing them when they
get the chance. English officials were, however, not aware that, when
these cruisers escaped and when on re-entering British ports they were
not detained, international law demanded from them more ‘dueness’ of
diligence than they had exercised or been taught to exercise. Hence it
surely was wrong to give damages for their unconscious negligence, just
as if their negligence had been conscious.” This argument, indeed, Sir
Alexander Cockburn pressed to the point of cutting down to zero the
claim for damages in respect of the _Shenandoah_ and _Florida_.
Public-domain text, read in full here on John Shaqi.
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