162 THE TKEATY OF WASHINGTON. 



ing her during the period of time anterior to her en- 

 try into the port of Melbourne : but — 



" That Great Britain has failed, by omission, to fulfill the du- 

 ties 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 commit- 

 ted by that vessel after her departure from Melbourne, on the 

 18th day of February, 1865." 



The Tribunal further decides as to the Tuscaloosa^ 

 tender to the Alahama, and as to the Clarence^ the 

 Tawny , and the Archer, tenders to .the Florida : 



"That such tenders or auxiliary a^csscIs being properly re- 

 garded as accessories, must necessarily follow the lot of their 

 principals, and be submitted to the same decision -which ap- 

 plies to them respectively." 



As to the other vessels accused, namely, the Retri- 

 hution, Georgia, Sumter, Nasliville, Tallahassee, and 

 Chichamavga, the Tribunal decided " that Great Brit- 

 ain has not failed, by any act or omission, to fulfill 

 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 there- 

 with." 



Thus far the Tribunal had dealt only with the con- 

 siderations of law and of fact applicable to the gener- 

 al question of the naked legal responsibility of Great 

 Britain. 



As preparatory to the ulterior question of the sum 

 to be awarded to the United States by way of indem- 

 nity, the Tribunal decides ;• 1. "That prospective earn- 

 ings can not properly be made the subject of compen- 



