The Archive · 1872

of the British Colonial Authorities

Whereas, Notwithstanding the violation of neutrality which Great Britain committed in the case of the Oreto, the same vessel, at a later date, when called the Florida, was on several occasions freely admitted to British ports, and Whereas, The Judicial acquittal of the Oreto at Nassau, New Providence, cannot relieve Great Britain from the lity incurred under the principles of International Law, nor can the fact. of the entry of the Florida into the Confederate port of Mobile, and her stay there during a period of four months, extinguish the responsibility previously incurred by Great Britain: for these reasons the Tribunal of Arbitration, bya majority, of four voices to one, is of opinion that Great Britain has, in this case, failed by her omission to fulfil the duties prescribed in the first, second and third rules established in article six of the treaty of Washington.

The Case of the "Shenandoah."

Whereas, With respect to the case of the Shenandoah, it results from the facts placed before the Court, that in departure from the port of London, and her subsequent tranaformation into a cruiser, near ira, the English Government is not chargeable with any failure down to that date, in due dill soe in falling the dies of neutrality Whereas, Tt results from the facts connected with the stay of the Shenandoah at Melbourne, especially by the augmentation which England admits to have been clandestinely effected in her force of men by enlistments at that port; that there was negligence on the part of the british authorities of that place. For these reasons the Tribunal of Arbitration is unanimously of the opinion that England had failed by act of omission to fulfil the duties prescribed by the three rules of the Treaty of Washington, and in the observance of the principles of International Law with respect to the Shenandoah during the period of time anterior to her entry into the port of Melbourne, and by a majority of three to two votes, the Tribsnal decides that Great Britain has failed in her duties, as prescribed in the second and third rules of the treaty in the case of the same vessel, Skenandoa, from and aiter her ent into Hobson's Bay, and is therefore responsible for the acts of that vessel after her departure from Melbourne, on the 18th day of February, 1865.

Text read from the printed page and cleaned; old type leaves the occasional error.

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