THE NEW ZEALAND GAZETTE. 15

has in this case failed, by omission, to fulfil the duties,
prescribed in the first, in the second, and in the third
of the Rules established by Article VI. of the Treaty
of Washington.

And whereas, with respect to the vessel called the
"Shenandoah," it results from all the facts relative
to the departure from London of the merchant-vessel
the "Sea King," and to the transformation of that
ship into a Confederate cruiser under the name of
the "Shenandoah," near the Island of Madeira, that
the Government of Her Britannic Majesty is not
chargeable with any failure, down to that date, in
the use of due diligence to fulfil the duties of
neutrality;

But whereas it results from all the facts connected
with the stay of the "Shenandoah," at Melbourne,
and especially with the augmentation which the
British Government itself admits to have been clan-
destinely effected of her force, by the enlistment
of men within that port, that there was negligence
on the part of the authorities at that place:

For these reasons, the Tribunal is unanimously of
opinion-That Great Britain has not failed, by any
act or omission to fulfil any of the duties prescribed
by the three Rules of Article VI. in the Treaty of
Washington, or by the principles of international law
not inconsistent therewith, in respect to the vessel
called the "Shenandoah," during the period of time
anterior to her entry into the port of Melbourne;
and, by a majority of three to two voices, the Tribu-
nal decides that Great Britain has failed, by omission,
to fulfil the duties prescribed by the second and third
of the Rules aforesaid, in the case of this same
vessel, from and after her entry into Hobson's Bay,
and is therefore responsible for all acts committed
by that vessel after her departure from Melbourne,
on the 18th day of February, 1865.

And so far as relates to the vessels called "The
Tuscaloosa" (tender to the "Alabama"), the
"Clarence," the "Tacony," and the "Archer," ten-
ders to the "Florida," the Tribunal is unanimously
of opinion-That such tenders or auxiliary vessels
being properly regarded as accessories must neces-
sarily follow the lot of their principals, and be sub-
mitted to the same decision which applies to them
respectively.

And so far as relates to the vessel called "Retri-
bution," the Tribunal, by a majority of three to
two voices, is of opinion-That Great Britain has
not failed by any act or omission to fulfil any of the
duties prescribed by the three Rules of Article VI.
in the Treaty of Washington, or by the principles of
international law not inconsistent therewith.

And so far as relates to the vessels called the
"Georgia," the "Sumter," the "Nashville," the
"Tallahassee," and the "Chickamauga," respectively,
the Tribunal is unanimously of opinion - That
Great Britain has not failed, by any act or omission,
to fulfil any of the duties prescribed by the three
Rules of Article VI. in the Treaty of Washington, or
by the principles of international law not inconsis-
tent therewith.

And so far as relates to the vessels called the
"Sallie," the "Jefferson Davis," the "Music," the
"Boston," and the "V. H. Joy," respectively, the
Tribunal is unanimously of opinion-That they ought
to be excluded from consideration for want of
evidence.

And whereas, so far as relates to the particulars of
the indemnity claimed by the United States, the costs
of pursuit of the Confederate cruisers are not, in the
judgment of the Tribunal, properly distinguishable
from the general expenses of the war carried on by
the United States: The Tribunal is therefore of
opinion, by a majority of three to two voices, that

there is no ground for awarding to the United States
any sum by way of indemnity under this head.

And whereas prospectivo earnings cannot properly
be made the subject of compensation, inasmuch as
they depend in their nature upon future and uncertain
contingencies: The Tribunal is unanimously of
opinion, that there is no ground for awarding to the
United States any sum by way of indemnity under
this head.

And whereas, in order to arrive at an equitablo
compensation for the damages which have been sus-
tained, it is necessary to set aside all double claims
for the same losses, and all claims for "gross freights,"
so far as they exceed "net freights:" And whereas
it is just and reasonable to allow interest at a reason-
able rate: And whereas, in accordance with the
spirit and letter of the Treaty of Washington, it is
preferable to adopt the form of adjudication of a sum
in gross, rather than to refer the subject of compen-
sation for further discussion and deliberation to a
Board of Assessors, as provided by Article X. of the
said Treaty: The Tribunal, making use of the
authority conferred upon it by Article VII. of the
said Treaty, by a majority of four voices to one,
awards to the United States a sum of 15,500,000
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, conformably to the provisions contained in
Article VII. of the aforesaid Treaty.

And, in accordance with the terms of Article XI. of
the said Treaty, the Tribunal declares that "all the
claims referred to in the Treaty as submitted to the
Tribunal are hereby fully, perfectly, and finally
settled."

Furthermore it declares, that "each and every one
of the said claims, whether the same may or may not
have been presented to the notice of, or made, pre-
ferred, or laid before the Tribunal, shall henceforth
be considered and treated as finally settled, barred,
and inadmissible."

In testimony whereof this present Decision and
Award has been made in duplicate, and signed by the
Arbitrators who have given their assent thereto, the
whole being in exact conformity with the provisions
of Article VII. of the said Treaty of Washington.

Made and concluded at the Hôtel de Ville of
Geneva, in Switzerland, the 14th day of the month of
September, in the year of our Lord 1872.

(Signed)
C. F. ADAMS.
FREDERIC SCLOPIS.
STAEMPFLI.
VICOMTE D'ITAJUBA.

Enclosures.

1. Reasons of Sir Alexander Cockburn for dissent-
   ing from the award of the Tribunal of Arbitration.
2. Statement of Mr. Adams.
3. Statement of Viscount d'Itajubá.
4. Statement of Count Sclopis.
5. Copies of the Arguments addressed by Her
   Majesty's Counsel to the Tribunal of Arbitration at
   Geneva on various points raised during the proceed-
   ings, and of the replies of the Counsel of the United
   States thereto, as received from Her Majesty's Agent.

Despatch from the Secretary of State, enclosing
Rules for the Exhibition of Carriages in the
International Exhibition of 1873.

Colonial Secretary's Office,
Wellington, 3rd January, 1873.

THE following Despatch, with enclosures, from
Her Majesty's Principal Secretary of State