DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



261 



The tribunal resolved to request tlie Council of 

 State of Geneva to receive the archives of the tribu- 

 nal and to place them among its own archives. 



The president, Count Sclopis, then directed the 

 secretary to make up_ the record of the proceedings 

 of the tribunal at this thirty-second and last con- 

 ference, as far as completed ; which was done, and 

 the record having been read and approved, was 

 signed by the president and secretary of the tribu- 

 nal, and the agents of the two governments. 



Thereupon the president declared the labors of 

 the arbitrators to be finished and the tribunal to be 

 dissolved. FKEDEE1CK SCLOPIS. 



J. C. BANCKOFT DAVIS. 



TENTEEDEN. 



ALEX. FAVKOT, Secretary. 



DECISION AND AWARD 

 Made, T)y the Tribunal of Arbitration constituted by 



Virtue of the First Article of the Treaty concluded at 



Washington the Sth of May, 1871, between the United 



States of America and her Majesty the Queen of the 



United Kingdom of Great Britain and Ireland. 



The United States of America and her Britannic 

 Majesty having agreed by Article I. of the Treaty 

 concluded and signed at Washington the 8th of May, 

 1871, to refer all the claims " generically known as 

 the Alabama claims" to a tribunal of arbitration to 

 be composed of five arbitrators named : 



One by the President of the United States, 



One by her Britannic Majesty, 



One by his Majesty the King of Italy, 



One by the President of .the Swiss Confederation, 



One by his Majesty the Emperor of Brazil ; 



And the President of the United States, her Bri- 

 tannic Majesty, his Majesty the King of Italy, the 

 President of the Swiss Confederation, and his Ma- 

 jesty the Emperor of Brazil having respectively 

 named their arbitrators, to wit : 



The President of the United States, Charles Fran- 

 cis Adams, Esquire; 



Her Britannic Majesty, Sir Alexander James Ed- 

 mund Cockburn, baronet, a member of her Majesty's 

 Privy Council, Lord Chief Justice of England ; 



His Majesty the King of Italy, his Excellency 

 Count Frederic Sclopis, of Salerano, a knight of the 

 Order of the Annunciata, minister of state, senator 

 of the Kingdom of Italy ; 



The President of the Swiss Confederation, M. 

 James Stampfli ; 



His Majesty the Emperor of Brazil, his Excellency 

 Marcos Antonio d'Araujo, Viscount d'ltajuba, a 

 grandee of the Empire of Brazil, member of the 

 Council of the Emperor of Brazil, and his envoy ex- 

 traordinary and minister plenipotentiary in France. 



And the five arbitrators above named having as- 

 sembled at Geneva (in Switzerland) in one of the 

 chambers of the Hotel de Ville on the 15th of De- 

 cember, 1871, in conformity with the terms of the 

 second article of the Treaty of Washington, of the 

 8th of May of that year, and having proceeded to the 

 inspection and verification of their respective pow- 

 ers, which were found duly authenticated, the Tribu- 

 nal of Arbitration was declared duly organized. 



The agents named by each of the high contracting 

 parties, by virtue of the same Article II., to wit : 



For the United States of America, John C. Ban- 

 croft Davis, Esquire ; 



And for her Britannic Majesty, Charles Stuart 

 Aubrey, Lord Tenterden. a peer of the United King- 

 dom, companion of the Most Honorable Order of the 

 Bath, Assistant Under-Secretary of State for Foreign 

 Affairs ; 



Whose powers were found likewise duly authenti- 

 cated, then delivered to each of the arbitrators the 

 printed case prepared by each of the two parties, 

 accompanied by the documents, the official corre- 

 spondence, and other evidence on which each relied, 

 in conformity with the terms of the third article of 

 the said treaty. 



In virtue of the decision made by the tribunal at 

 its first session, the counter-case and additional doc- 

 uments, correspondence, and evidence referred to in 

 Article IV. of the said treaty were delivered by the 

 respective agents of the two parties to the secretary 

 of the tribunal on the 15th of April, 1872, at the 

 chamber of conference, at the Hotel de Ville of 

 Geneva. 



The tribunal, in accordance with the vote of ad- 

 journment passed at their second session, held on 

 the 16th of December, 1871, reassembled at Geneva 

 on the 15th of June, 1872 ; and the agent of each of 

 the parties duly delivered to each of the arbitrators, 

 and to the agent of the other party, the printed ar- 

 gument referred to in Article IV. of the said treaty. 



The tribunal having since fully taken into their 

 consideration, the treaty, and also the cases, counter- 

 cases, documents, evidence, and arguments, and 

 likewise all other communications made to them by 

 the two parties during the progress of their sittings, 

 and having impartially and carefully examined the 

 same, 



Has arrived at the decision embodied in the present 

 award : 



Whereas, having regard to the Vlth and Vllth 

 articles of the said treaty, the arbitrators are bound 

 under the terms of the said Vlth article, " In decid- 

 ing the matters submitted to them, to be governed 

 by the three rules therein specified and by such prin- 

 ciples of international law, not inconsistent there- 

 with, as the arbitrators shall determine to have been 

 applicable to the case ; " 



And whereas the "due diligence" referred to in 

 the first and third of the said rules ought to be exer- 

 cised by neutral governments in exact proportion to 

 the risks to which either of the belligerents may be 

 exposed, from a failure to fulfil the obligations of 

 neutrality on their part ; 



And whereas the circumstances out of which the 

 facts constituting the subject-matter of the present 

 controversy arose were of a nature to call for the ex- 

 ercise on the part of her Britannic Majesty's Govern- 

 ment of all possible solicitude for the observance of 

 the rights and the duties involved in the proclama- 

 tion of neutrality issued by her Majesty on the 13th 

 day of May, 1861; 



And whereas the effects of a violation of neutrality 

 committed by means of the construction, equipment, 



any commission which the government of the bel- 

 ligerent power, benefited by the violation of neutral- 

 ity, may afterward have granted to that vessel ; and 

 the ultimate step, by which the offence is completed, 

 cannot be admissible as a ground for the absolution 

 of the offender, nor can the consummation of his 

 fraud become the means of establishing his inno- 

 cence ; 



And whereas the privilege of exterritoriality ac- 

 corded to vessels-of-war has been admitted into the 

 law of nations, not as an absolute right, but solely as 

 a proceeding founded on the principle of courtesy 

 and mutual deference between different nations, and 

 therefore can never be appealed to for the protection 

 of acts done in violation of neutrality ; 



And whereas the absence of a previous notice can- 

 not be regarded as a failure in any consideration re- 

 quired by the law of nations, in those cases in which 

 a vessel carries with it its own condemnation ; 



And whereas, in order to impart to any supplies 

 of coal a character inconsistent with the second rule, 

 prohibiting the use of neutral ports or waters, as a 

 base of naval operations for a belligerent, it is neces- 

 sary that the said supplies should be connected with 

 special circumstances of time, of persons, or of place, 

 which may combine to give them such character ; 



And whereas, with respect to the vessel called the 

 Alabama, it clearly results from all the facts relative 

 to the construction of the ship at first designated by 

 the number 290 in the port of Liverpool, and its 

 equipment and armament in the vicinity of Terceira 

 through the agency of the vessels called the Agrip- 



