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posed as an amendment to the constitution of
Article. the State, and that the Secretary of State cause the same to be published, and printed copies Men and women, politically and legally, shall thereof to be distributed in the manner provided be entitled to equal rights and privileges, and in article XIII of the constitution:
shall be subject to equal duties and liabilities.
The Geneva Award, September 14, I den, a peer of the United Kingdom, companion 1872.
of the Most Honorable Order of the Bath, as
sistant under-secretary of state of foreign affairs. Decision and award made by the tribunal of
Wbose powers were found likewise duly authenarbitration constituted by virtue of the first
ticated, then delivered to each of the arbitraarticle of the treaty concluded at Washington,
tors the printed case prepared by each of the the 8th of May, 1871, between the United
two parties, accompanied by the documents, the States and Great Britain.
official correspondence, and other evidence on The United States of America and her Brit- which each relied, in conformity with the terms annic Majesty having agreed by article I of the of the third article of the said treaty. treaty concluded and signed at Washington, the In virtue of the decision made by the tribunal 8th of May, 1871, to refer all the claims “generri- , at its first session, the counter case and addically known as the Alabama claims,” to a tri- tional documents, correspondence, and evidence bunal of arbitration, to be composed of five referred to in article IV of the said treaty were arbitrators, named; one by the President of the delivered by the respective agents of the two United States; one by Her Britannic Majesty ; parties to the secretary of the tribunal on the one by His Majesty the King of Italy; one by the 15th of April, 1872, at the chamber of conference, President of the Swiss Confederation; one by His at the Hotel de Ville of Geneva. Majesty the Emperor of Brazil. And the Presi- The tribunal, in accordance with the vote of dent of the United States, Her Britannic Majesty, adjournment passed at their second session, held His Majesty the King of Italy, the President on the 16th of December, 1871, reassembled at of the Swiss Confederation, and his Majesty the Geneva, on the 15th of June, 1872; and the Emperor of Brazil having respectively named agent of each of the parties duly delivered to their arbitrators, to wit: The President of the each of the arbitrators, and to the agent of the United States, Charles Francis Adams, Esq.; other party, the printed argument referred to in Her Britannic Majesty, Sir Alexander James article V of the said treaty. Edmund Cockburn, baronet, a member of Her The tribunal baving since fully taken into Majesty's privy council, lord chief justice of their consideration the treaty, and also the cases, England; His Majesty the King of Italy, His counter cases, documents, evidence, and arguExcellency Count Frederick Sclopis, of Salerano, ments, and likewise all other communications a knight of the Order of the Annunciata, minis- made to them by the two parties during the ter of State, senator of the Kingdom of Italy : progress of their sittings, and having impartially the President of the Swiss Confederation, M. and carefully examined the same, has arrived at James Stämpfli; His Majesty the Emperor of the decision embodied in the present award : Brazil, his Excellency Marcos Antonio d'Araujo, Whereas having regard to the VIth and VIIth Viscount d'Itajubá, a grandee of the Empire of articles of the said treaty, the arbitrators are Brazil, member of the council of H. M. the Em-bound, under the terms of the said VIth article, peror of Brazil, and his envoy extraordinary "in deciding the matters submitted to them, to and minister plenipotentiary in France. And be governed by the three rules therein specified, the five arbitrators above named having assem- and by such principles of international law, not bled at Geneva (in Switzerland) in one of the inconsistent therewith, as the arbitrators shall chambers of the Hotel de Ville, on the 15th of determine to have been applicable to the case;" December, 1871, in conformity with the terms of And whereas the “due diligence" referred to the second article of the Treaty of Washington, in the first and third of the said rules ought to of the 8th of May of that year, and having pro- be exercised by neutral governments in exact ceeded to the inspection and verification of their proportion to the risks to which either of the respective powers, which were found duly au- belligerents may be exposed, from a failure to thenticated, the tribunal of arbitration was de- fulfill the obligations of neutrality on their part; clared duly organized.
And whereas the circumstances out of which The agents named by each of the high con- the facts constituting the subject matter of the tracting parties, by virtue of the same article II, i present controversy arose were of a nature to to wit: For the United States of America, John call for the exercise on the part of her Britannic C. Bancroft Davis, Esq.; and for Her Britannic Majesty's Government of all possible solicitude Majesty, Charles Stuart Aubrey, Lord Tenter for the observance of the rights and the duties
involved in the proclamation of neutrality issued | Majesty cannot justify itself for a failure in due by Her Majesty on the 13th day of May, 1861; diligence on the plea of insufficiency of the legal
And whereas the effects of a violation of neu. means of action which it possessed: trality committed by means of the construction, Four of the arbitrators, for the reasons above equipment, and armament of a vessel are not assigned, and the fifth for reasons separately done away with by any commission which the assigned by him, are of opinion that Great Government of the belligerent power, benefited Britain has in this case failed, by omission, to by the violation of neutrality, may afterwards fulfill the duties prescribed in the first and the have granted to that vessel; and the ultimate third of the rules established by the VIth article step, by which the offense is completed, cannot of the treaty of Washington. be admissible as a ground for the absolution of And whereas, with respect to the vessel called the offender, nor can the consummation of his the “Florida," it results from all the facts relafraud become the means of establishing his inno- tive to the construction of the “Oreto" in the cence;
port of Liverpool, and to its issue therefrom, And whereas the privilege of exterritoriality which facts failed to induce the authorities in accorded to vessels of war has been admitted Great Britain to resort to measures adequate to into the law of nations, not as an absolute right, prevent the violation of the neutrality of that but solely as a proceeding founded on the prin nation, notwithstanding the warnings and reciple of courtesy and mutual deference between peated representations of the agents of the United different nations, and therefore can never be States, that Her Majesty's Government has failed appealed to for the protection of acts done in to use due diligence to fulfill the duties of neuviolation of neutrality;
trality; And whereas the absence of a previous notice. And whereas it likewise results from all the cannot be regarded as a failure in any consid- facts relative to the stay of the “Oreto" at eration required by the law of nations, in those Nassau, to her issue from that port, to her encases in which a vessel carries with it its own listment of men, to her supplies, and to her condemnation;
armament, with the co-operation of the British And whereas in order to impart to any sup- vessel - Prince Alfred," at Green Cay, that there plies of coal a character inconsistent with the was negligence on the part of the British colosecond rule, prohibiting the use of neutral ports nial authorities; or waters, as a base of naval operations for a And whereas, notwithstanding the violation belligerent, it is necessary that the said supplies of the neutrality of Great Britain committed by should be connected with special circumstances the Oreto, this same vessel, later known as the of time, of persons, or of place, which may com- Confederate cruiser Florida, was nevertheless on bine to give them such character;
several occasions freely admitted into the ports And whereas, with respect to the vessel called of British colonies; the Alabama, it clearly results from all the facts And whereas the judicial acquittal of the relative to the construction of the ship at first Oreto at Nassau cannot relieve Great Britain designated by the number "290" in the port of from the responsibility incurred by her under Liverpool, and its equipment and armament in the principles of international law; nor can the the vicinity of Terceira, through the agency of fact of the entry of the Florida into the Confedthe vessels called the "Agrippina" and the "Ba-erate port of Mobile, and of its stay there during hama," dispatched from Great Britain to that four months, extinguish the responsibility previend, that the British Government failed to use ously to that time incurred by Great Britain: due diligence in the performance of its neutral For these reasons, the tribunal, by a majority obligations; and especially that it omitted, not of four voices to one, is of opinion, that Great withstanding the warnings and official repre- Britain has in this case failed, by omission, to sentations made by the diplomatic agents of the fulfill the duties prescribed in the first, in the United States during the construction of the said second, and in the third of the rules established number“ 290,” to take in due time any effective by article VI of the treaty of Washington. measures of prevention, and that those orders And whereas, with respect to the vessel called which it did give at last, for the detention of the “Shenandoah," it results from all the facts the vessel, were issued so late that their execu- relative to the departure from London of the tion was not practicable;
merchant vessel the “Sea King," and to the And whereas, after the escape of that vessel, transformation of that ship into a Confederate the measures taken for its pursuit and arrest cruiser under the name of the Shenandoah, near were so imperfect as to lead to no result, and the island of Madeira, that the Government of therefore cannot be considered sufficient to Her Britannic Majesty is not chargeable with release Great Britain from the responsibility any failure, down to that date, in the use of due already incurred;
| diligence to fulfill the duties of neutrality; And whereas, in despite of the violations of But whereas it results from all the facts conthe neutrality of Great Britain committed by nected with the stay of the Shenandoah at Melthe “ 290," this same vessel, later known as the bourne, and especially with the augmentation Confederate cruiser Alabama, was on several which the British Government itself admits to occasions freely admitted into the ports of colo- have been clandestinely effected of her force, by nies of Great Britain, instead of being pro- the enlistment of men within that port, that ceeded against as it ought to have been in any there was negligence on the part of the authoriand every port within British jurisdiction in ties at that place: which it might have been found;
For these reasons, the tribunal is unanimously And whereas the Government of Her Britannic lof opinion, that Great Britain has not failed, by
any act or omission, “to fulfill any of the duties for "gross freights," so far as they exceed "net prescribed by the three rules of article VI in the freights;”. treaty of Washington, or by the principles of And whereas it is just and reasonable to allow international law not inconsistent therewith," interest at a reasonable rate; in respect to the vessel called the Shenandoah, And whereas, in accordance with the spirit during the period of time anterior to her entry and letter of the treaty of Washington, it is preinto the port of Melbourne;
ferable to adopt the form of adjudication of a And, by a majority of three to two voices, the sun in gross, rather than to refer the subject of tribunal decides that Great Britain has failed, compensation for further discussion and delibby omission, to fulfill the duties prescribed by eration to a board of assessors, as provided by the second and third of the rules aforesaid, in article X of the said treaty: the case of this same vessel, from and after her The tribunal, making use of the authority conentry into Hobson's bay, and is therefore referred upon it by article VII of the said treaty, by sponsible for all acts committed by that vessel a majority of four voices to one, awards to the after her departure from Melbourne, on the 18th United States a sum of $15,500,000 in gold, as day of February, 1865.
the indemnity to be paid by Great Britain to And so far as relates to the vessels called the the United States, for the satisfaction of all the Tuscaloosa, (tender to the Alabama,) the Clarence, claims referred to the consideration of the trithe Tacony, and the Archer, (tenders to the bunal, conformably to the provisions contained Florida,) the tribunal is unanimously of opinion, in article VII of the aforesaid treaty. that such tenders or auxiliary vessels, being And, in accordance with the terms of article properly regarded as accessories, must necessarily XI of the said treaty, the tribunal declares that follow the lot of their principals, and be sub "all the claims referred to in the treaty as submitted to the same decision which applies to mitted to the tribunal are hereby fully, perfectly, them respectively.
and finally settled." And so far as relates to the vessel called Furthermore it declares, that “each and every “Retribution, the tribunal, by a majoity of one of the said claims, whether the same may or three to two voices, is of opinion, that Great may not have been presented to the notice of, or Britain has not failed, by any act or omission, made, preferred, or laid before the tribunal, shall to fulfill any of the duties prescribed by the henceforth be considered and treated as finally three rules of article VI in the treaty of Wash-settled, barred, and inadmissible." ington, or by the principles of international law In testimony whereof this present decision not inconsistent therewith.
and award has been made in duplicate, and And so far as relates to the vessels called signed by the arbitrators who have given their the Georgia, the Sumter, the Nashville, the assent thereto, the whole being in exact conTallahassee, and the Chickamauga, respectively, formity with the provisions of article VII of the the tribunal is unanimously of opinion that said treaty of Washington. Great Britain has not failed, by any act or omis- Made and concluded at the Hotel de Ville of sion, to fulfill any of the duties prescribed by the Geneva, in Switzerland, the 14th day of the three rules of article VI in the Treaty of Wash-month of September, in the year of our Lord ington, or by the principles of international law one thousand eight hundred and seventy-two. not inconsistent therewith.
CHARLES FRANCIS ADAMS. And so far as relates to the vessels called the
FREDERICK SCLOPIS. Sallie, the Jefferson Davis, the Music, the Bos
STAMPFLI. ton, and the V. H. Joy, respectively, the tribu
VICOMTE D'ITAJUBA. nal is unanimously of opinion that they ought to be excluded from consideration for want of Under the act approved June 23, 1874, creating evidence.
a “Court of Commissioners of Alabama Claims," And whereas, so far as relates to the particu- for the distribution of the award, its jurisdiction lars of the indemnity claimed by the United is thus defined in sections 11 and 12: States, the costs of pursuit of the Confederate SEC. 11. That it shall be the duty of said court cruisers, are not, in the judgment of the tribu- to receive and examine all claims admissible unnal, properly distinguishable from the general der this act that may be presented to it, directly expenses of the war carried on by the United resulting from damage caused by the 80-called States. The tribunal is, therefore, of opinion, insurgent cruisers Alabama, Florida, and their by a majority of three to two voices, that there tenders, and also all claims admissible under this is no ground for awarding to the United States act directly resulting from damage caused by the any sum by way of indemnity under this so-called insurgent cruiser Shenandoah after her head.
departure from Melbourne on the eighteenth day And whereas prospective earnings cannot of February, eighteen hundred and sixty-five, properly be made the subject of compensation, and to decide upon the amount and validity of inasmuch as they depend in their nature upon such claims, in conformity with the provisions future and uncertain contingencies, the tribunal hereinafter contained, and according to the prinis unanimously of opinion that there is no ciples of law and the merits of the several cases. ground for awarding to the United States any All claims shall be verified by oath of the claimsum by way of indemnity under this head. ant, and filed in said court within six months
And whereas, in order to arrive at an equita- next after the organization thereof, as provided ble compensation for the damages which have in section eight of this act; and no claim shall been sustained, it is necessary to set aside all be received, docketed, or considered that shall double claims for the same losses, and all claims I have not been so filed within the time aforesaid ; but every such unrepresented claim shall be siop is made for ratable reductions of the judg. deemed and held to be finally and conclusively ment claims. waived and barred.
SEC. 12. That no claim shall be admissible or The San Juan Boundary Award. allowed by said court for any loss or damage for
We, William, by the grace of God, German or in respect to which the party injured, his as
Emperor, King of Prussia, &c., &c., &c. signees or legal representatives, shall have re
After examination of the treaty concluded at ceived compensation or indemnity froin any
Washington on the *6th of May, 1871, between insurance company, insurer, or otherwise ; but if such compensation or indemnity so received
the governments of Her Britannic Majesty and shall not have been equal to the loss or damage
of the United States of America, according to
which the said governments have submitted to so actually suffered, allowance may be made for
our arbitrament the question at issue between the difference. And in no case shall any claim
them, whether the boundary line which, accordbe admitted or allowed for or in respect to unearned freights, gross freights, prospective profits,
ling to the treaty of Washington of June 15, freights, gains, or advantages, or for wages of
| 1846, after being carried westward along the
forty-ninth parallel of northern latitude to the officers or seamen for a longer time than one year
middle of the channel which separates the continext after the breaking up of a voyage by the acts aforesaid. And no claim shall be admissible
nent from Vancouver's Island is thence to be
drawn southerly through the middle of the said or allowed by said court by or in behalf of any
channel and of the Fuca straits to the Pacific insurance company or insurer, either in its or his
ocean, should be drawn through the Rosario own right, or as assignee, or otherwise, in the
channel as the government of her Britannic right of a person or party insured as aforesaid, unless such claimant shall show, to the satisfac
Majesty claims, or through the Haro channel as tion of said court, that during the late rebellion
the Government of the United States claims; to the sum of its or his losses, in respect to its or his
the end that we may finally and without appeal
128 | decide which of these claims is most in accordwar risks, exceeded the sum of its or his premiums or other gains upon or in respect to such
ance with the true interpretation of the treaty war risks; and in case of any such allowance,
of June 15, 1846.
After hearing the report made to us by the the same shall not be greater than such excess of loss. And no claim shall be admissible or allowed
experts and jurists upon the contents of the by said court arising in favor of any insurance
interchanged memorials and their appendices
Have decreed the following award: company not lawfully existing at the time of the loss under the laws of some one of the United
Most in accordance with the true interpretaStates. And no claim shall be admissible or
tions of the treaty concluded on the 15th of allowed by said court arising in favor of any
June, 1846, between the governments of Her person not entitled at the time of his loss to the
Britannic Majesty and of the United States of protection of the United States in the premises,
| America, is the claim of the Government of the nor arising in favor of any person who did not
United States that the boundary line between at all times during the late rebellion bear true
the territories of Her Britannic Majesty and the allegiance to the United States.
United States should be drawn through the Provision is made for retaining in the Treas
Haro channel. ury, as a special fund, subject to future action,
Authenticated by our autographic signature the amount which may be undisposed of under
and the impression of the imperial green seal. this act. And if the sum of all the judgments
Given at Berlin, October the 21st, 1872.
WILLIAM. rendered by the court, together with interest,
(L. 8.] should exceed the amount of the award, provi- | *Sic in original May 8th.
Universal Amnesty and Test-Oath.ments to the Constitution of the United States
| be, and the same are hereby, removed. FORTY-THIRD CONGRESS, FIRST SESSION.
SEC. 2. That the act of July second, eighteen 1873, Dec. 8~Mr. MAYNARD moved that the hundred and sixty-two, entitled "An act to prerules be suspended, so as to enable him to report scribe an oath of office, and for other purposes," from the Committee on Rules, and the House to be, and it is hereby, repealed. And hereafter pass the following bill:
every person elected or appointed to any office Be it enacted, &c. (two-thirds of each House of honor or profit under the Government of the concurring therein,) That all dieabilites imposed United States, either in the civil, military, or and remaining upon any person by virtue of naval departments of the public service, shall, section three of article fourteen of the amend before entering upon the duties of such office, and being entitled to any of the salary or other rules as may be prescribed by law, or by the emoluments thereof take and subscribe the oath court in the absence of law, determine any conprescribed by the act of July eleventh, eighteen test in respect of such returns, canvass the same, hundred and sixty-eight, entitled “An act pre- and declare, within ninety days after such elecscribing an oath of office to be taken by persons tion, by public proclamation, who is elected Presfrom whom legal disabilities shall have been re-ident and who is elected Vice President. moved."
Sec. 7. The States shall be divided into disThe motion was agreed to, two-thirds voting tricts by the Legislatures thereof, but the Conin favor thereof, (yeas 141, nays 29,) on a divi- gress may at any time by law make or alter the sion, and so the bill was passed.
Sec. 8. No person who has been a justice of IN SENATE.
the Supreme Court shall be eligible to the office
of President or Vice President. 1873, Dec. 10—The bill, (H. R. 472) granting general amnesty and prescribing an oath of office was read, and passed to a second reading. No
Interpretation of the Fourteenth A
mendment. Forty-First Congress, further action was taken.
Second Session. A large number of bills were passed, relieving the persons named in them of their disabilities. 1870, May 20–Mr. EDMUNDS, from the Com
mittee on the Judiciary, submitted the following
report: Proposed Amendment of the Consti
The Committee on the Judiciary, to whom was tution.
referred the petition of citizens of Rhode Island, This report was made after chapter V was setting forth, by reference, the 14th and 15th stereotyped :
articles of amendment to the Constitution of the 1874, June 22-Mr. H. BOARDMAN SMITH, United States, and stating that “the State of from the Committee on Elections, reported a Rhode Island, notwithstanding the provisions of joint resolution, which was recommitted to the the above named amendments, persists in and by committee, proposing a new article:
the first section of article 2 of the constitution of
said State, in denying and abridging the right of ARTICLE —
about ten thousand citizens of the United States SECTION 1. The President and Vice President to vote at any and all elections holden in said shall be elected by the direct vote of the people, State," and praying that Congress will “pass in the manner following: Each State shall be such appropriate legislation as may be found nedivided into districts, equal in number to the cessary to obtain for, and secure to, the citizens number of Representatives to which the State of the United States resident in Rhode Island all may be entitled in Congress, to be composed of the rights, privileges, and immunities guaranteed contignous territory, and to be as nearly equal in to them by the Constitution of the United States," population as may be; and the person having respectfully report: the higbest number of votes in each district for That the constitution of Rhode Island, adopted President shall receive the vote of that district, in 1842, prescribes two alternative classes of which shall count one presidential vote; but no qualifications for voting. The first gives to all voter in any State shall vote for candidates for male citizens of the United States of a certain President and Vice President who are both citi-age, &c., the right to vote, if they own real estate zens in the same State with himself.
of the value of one hundred and thirty-four dolSEC. 2. The person having the highest number lars, or which shall rent for seven dollars per of votes for President in a state, shall receive annum. The second gives to every male native two presidential votes from the State at large. citizen of the United States of a certain age, &c.,
SEC. 3. The person having the highest number the right to vote, if he pays a tax of one dollar · of presidential votes in the United States shall a year, &c., although he may not own real estate. be President.
No man or party has ever questioned the right SEC. 4. If two persons have the same number of the people of Rhode Island, and of every other of votes in any State, it being the highest num- State, to establish such a constitution of governber, they shall receive each one presidential vote ment as may be agreeable to their views of the from the State at large; and if more than two public welfare in that State, although its provipersons shall have each the same number of sions as to suffrage may not conform to the opinvotes in any State, it being the highest number, ions of citizens of other States. At the time when no presidential vote shall be counted from the this constitution of Rhode Island was adopted State at large. If more persons than one shall the right to regulate the qualifications of voters have the same number of votes, it being the belonged exclusively to the respective States. highest number in any district, no presidential | The petition under consideration fully recognizes vote shall be counted from that district. this, but it raises the question (although studi
SEC. 5. The foregoing provisions shall apply ously framed in such a manner às not to declare to the election of Vice President.
or insist upon such a conclusion) whether, by the SEC. 6. The Congress shall have power to pro- | fourteenth and fifteenth amendments to the Convide for holding and conducting the elections of stitution of the United States, natives of foreign President and Vice President. The returns of countries who have become citizens of the United such elections shall be made to the Supreme States are not entitled to vote in Rhode Island, Court of the United States within thirty days without regard to the qualifications imposed by after the election. Said court sball, under such her constitution?