Geneva Arbitration Documents




THE NEW ZEALAND GAZETTE.
13

20th September, containing the Decision and Award
of the Arbitrators appointed under Art. I. of the
Treaty of Washington, and a Statement of the
Reasons of Sir Alexander Cockburn for dissenting
therefrom.

I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

No. 1.

Lord Tenterden to Earl Granville.

Geneva, 14th September, 1872.

MY LORD,—I have the honor to transmit to your
Lordship herewith a copy of the Protocol of the
proceedings of the Tribunal of Arbitration this day,
to which is annexed a copy of the Decision and
Award of the Arbitrators.

A copy of this Decision and Award, signed by the
Arbitrators assenting to it, has also been delivered to
me in accordance with the provisions of the 7th
Article of the Treaty of Washington, and is forwarded
to your Lordship with this Despatch.

After the Decision and Award of the majority of
the Arbitrators had been read and signed, the Chief
Justice presented to the Tribunal a statement of his
reasons for dissenting from it:

A copy of this statement is also annexed to the
Protocol.

I have, &c.,
TENTERDEN.

Enclosure in No. 1.

PROTOCOL No. XXXII.

Record of the Proceedings of the Tribunal of Arbitra-
tion at the Thirty-second Conference, held at
Geneva, in Switzerland, on the 14th of September,
1872.

THE Conference was held with open doors, pur-
suant to adjournment. All the Arbitrators and the
Agents of the two Governments were present.

The Protocol of the last Conference was read and
approved, and was signed by the President and
Secretary of the Tribunal.

The President then presented the Decision of the
Tribunal on the question of the Alabama Claims, and
directed the Secretary to read it; which was done,
and the Decision was signed by Mr. Charles Francis
Adams, Count Frederic Sclopis, M. Jacques Staempfli,
and Viscount d'Itajubá, Arbitrators, in the presence
of the Agents of the two Governments.

A copy of the Decision thus signed was delivered
to each of the Agents of the two Governments
respectively, and the Tribunal decided to have a
third copy placed upon record; they further decided
that the Decision should be printed and annexed to
the present Protocol.

Sir Alexander Cockburn, as one of the Arbitrator's
having declined to assent to the Decision, stated the
grounds of his own decision, which the Tribunal
ordered to be recorded as an Annex to the present
Protocol.

The Tribunal resolved to request the Council of
State at Geneva to receive the archives of the
Tribunal, and to place them among its own archives.

The President, Count Sclopis, then directed the
Secretary to make up the record of the proceedings
of the Tribunal at this 32nd and last Conference, as
far as completed; which was done, and the record
having been read and approved, was signed by the

President and Secretary of the Tribunal and the
Agents of the two Governments.

Thereupon the President declared the labours of
the Arbitrators to be finished and the Tribunal to be
dissolved.

FREDERIC SCLOPIS.
TENTERDEN.
J. C. BANCROFT DAVIS.
ALEX. FAVROT, Secretary.

ANNEX 1.

Decision and Award made by the Tribunal of Arbi-
tration constituted by virtue of the 1st Article of
the Treaty concluded at Washington, the 8th of
May, 1871, between Her Majesty the Queen of
the United Kingdom of Great Britain and Ireland
and the United States of America.

HER Britannic Majesty and the United States of
America having agreed by Article I. of the Treaty
concluded and signed at Washington the 8th of May,
1871, to refer all the claims "generically known as
the Alabama Claims" to a Tribunal of Arbitration to
be composed of five Arbitrators named—

One by Her Britannic Majesty,
One by the President of the United States,
One by His Majesty the King of Italy,
One by the President of the Swiss Confederation,
One by His Majesty the Emperor of Brazil; and

Her Britannic Majesty, the President of the United
States, His Majesty the King of Italy, the President
of the Swiss Confederation, and His Majesty the
Emperor of Brazil, having respectively named their
Arbitrators, to wit:—

Her Britannic Majesty, Sir Alexander James
Edmund Cockburn, Baronet, a Member of Her
Majesty's Privy Council, Lord Chief Justice of
England;

The President of the United States, Charles Francis
Adams, Esquire;

His Majesty the King of Italy, His Excellency
Count Frederic Sclopis, of Salerano, a Knight of the
Order of the Annunciata, Minister of State, Senator
of the Kingdom of Italy;

The President of the Swiss Confederation, M.
Jacques Staempfli;

His Majesty the Emperor of Brazil, His Excellency
Marcos Antonio d'Araujo, Viscount d'Itajubá, a
Grandee of the Empire of Brazil, Member of the
Council of His Majesty the Emperor of Brazil, and
His Envoy Extraordinary and Minister Plenipoten-
tiary in France.

And the five Arbitrators above named having
assembled at Geneva (in Switzerland) in one of the
Chambers of the Hôtel de Ville, on the 15th of Decem-
ber, 1871, in conformity with the terms of the 2nd
Article of the Treaty of Washington, of the 8th of May
of that year, and having proceeded to the inspection
and verification of their respective powers, which were
found duly authenticated, the Tribunal of Arbitration
was declared duly organized.

The Agents named by each of the High Contracting
Parties, by virtue of the same Article II., to wit:—

For Her Britannic Majesty, Charles Stuart Aubrey,
Lord Tenterden, a Peer of the United Kingdom,
Companion of the Most Honorable Order of the
Bath, Assistant Under-Secretary of State for Foreign
Affairs;

And for the United States of America, John C.
Bancroft Davis, Esquire;

Whose powers were found likewise duly authenti-
cated, then delivered to each of the Arbitrators the
printed Case, prepared by each of the two Parties,
accompanied by the documents, the official corre-
spondence, and other evidence on which each relied,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1873, No 2





✨ LLM interpretation of page content

🌏 Continuation of Despatch regarding Geneva Tribunal Award (continued from previous page)

🌏 External Affairs & Territories
3 January 1873
Despatch, Arbitration Award, Dissenting Reasons, Washington Treaty
  • Sir Alexander Cockburn, Reasons for dissenting recorded

  • KIMBERLEY

🌏 Despatch forwarding Geneva Tribunal Protocol and Award

🌏 External Affairs & Territories
14 September 1872
Geneva Arbitration, Protocol, Award, Treaty of Washington
  • TENTERDEN
  • Earl Granville

🌏 Record of Geneva Tribunal 32nd Conference Proceedings

🌏 External Affairs & Territories
14 September 1872
Protocol, Alabama Claims, Signatories, Tribunal Dissolution
  • Charles Francis Adams, Arbitrator signing Decision
  • Frederic Sclopis (Count), Arbitrator signing Decision
  • Jacques Staempfli (M.), Arbitrator signing Decision
  • Viscount d'Itajubá, Arbitrator signing Decision
  • Sir Alexander Cockburn, Declined to assent to Decision

  • FREDERIC SCLOPIS
  • TENTERDEN
  • J. C. BANCROFT DAVIS
  • ALEX. FAVROT, Secretary

🌏 Preamble to the Decision and Award on Alabama Claims

🌏 External Affairs & Territories
8 May 1871
Alabama Claims, Treaty, Arbitrators appointment, Great Britain, United States
  • Sir Alexander James Edmund Cockburn (Baronet), Appointed Arbitrator
  • Charles Francis Adams (Esquire), Appointed Arbitrator
  • Frederic Sclopis (Count), Appointed Arbitrator
  • Jacques Staempfli (M.), Appointed Arbitrator
  • Marcos Antonio d'Itajubá (Viscount), Appointed Arbitrator

  • Charles Stuart Aubrey, Lord Tenterden
  • John C. Bancroft Davis, Esquire