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 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 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.
As to principles decided by the entire procedure of the commissioners and of their Governments in the formation of the Treaty, and of the
International
principles settled
by the Geneva
Tribunal.
Two other questions of great importance were placed in course of solution by the Treaty of Washington. One was the contention between
The Northwest
boundary question.