278 APPENDIX. 



prescribed in the first and the third of the Rules established by the Sixth Arti 

 cle of the Treaty of Washington. 



And whereas, with respect to the vessel called the Florida, it results from 

 all the facts relative to the construction of the Oreto in the port of Liverpool 

 and to its issue therefrom, which facts failed to induce the Authorities in Great 

 Britain to resort to measures adequate to prevent the violation of the neutrality 

 of that nation, notwithstanding the warnings and repeated representations of the 

 Agents of the United States, that Her Majesty s Government has failed to use 

 due diligence to fulfill the duties of neutrality ; 



And whereas it likewise results from all the facts relative to the stay of the 

 Oreto at Nassau, to her issue from that port, to her enlistment of men, to her 

 supplies, and to her armament with the co-operation of the British vessel Prince 

 Alfred at Green Cay, that there was negligence on the part of the British Colo 

 nial Authorities ; 



And whereas, notwithstanding the violation of the neutrality of Great Britain 

 committed by the Oreto, this same vessel, later known as the Confederate cruiser 

 Florida, was nevertheless on several occasions freely admitted into the ports of 

 British Colonies ; 



And whereas the judicial acquittal of the Oreto at Nassau can not relieve 

 Great Britain from the responsibility incurred by her under the principles of 

 International Law ; nor can the fact of the entry of the Florida into the Con 

 federate port of Mobile, and of its stay there during four months, extinguish the 

 responsibility previously to that time incurred by Great Britain : 

 For these reasons, 



The Tribunal, by a majority of four voices to one, is of opinion, 



That Great Britain has in this case failed, by omission, to fulfill tjie 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 Gov 

 ernment of Her Britannic Majesty is not chargeable with any failure, down to 

 that date, in the use of due diligence to fulfill the duties of neutrality ; 



But whereas it results from all the facts connected with the stay of the Shen 

 andoah at Melbourne, and especially with the augmentation which the British 

 Government itself admits to have been clandestinely 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 fulfill any of 

 the duties prescribed by the Rules of Article VI. in the Treaty of Washington, 

 or by the principles of International Law not inconsistent therewith, in respect 



