262 



DIPLOMATIC COEEESPONDENCE AXD FOEEIGN EELATIONS. 



pina and tlie Bahama, dispatched from Great Britain 

 to that end, that the British Government failed to 

 use due diligence in the performance of its neutral 

 obligations ; and especially that if omitted, notwith- 

 standing the warnings and official representations 

 made by the diplomatic agents of the United States 

 during the construction of the said number 290, to 

 take in due time any effective measures of preven- 

 tion, and that those orders which it did give at last, 

 for the detention of the vessel, were issued so late 

 that their execution was not practicable ; 



And whereas, after the escape of that vessel, the 

 measures taken for its pursuit and arrest were so im- 

 perfect as to lead to no result, and therefore cannot 

 be considered sufficient to release Great Britain from 

 the responsibility already incurred ; 



And whereas, in despite of the violations of the 

 neutrality of Great Britain committed by the " 290," 

 this same vessel, later known as the Confederate 

 cruiser Alabama, was on several occasions freely ad- 

 mitted into the ports of colonies of Great Britain, in- 

 stead of being proceeded against as it ought to have 

 been in any and every port within British jurisdic- 

 tion in which it might nave been found ; 



And whereas the Government of her Britannic 

 Majesty cannot justify itself for a failure in due dili- 

 gence on the plea of insufficiency of the legal means 

 of action which it possessed : 



Four of the arbitrators, for the reasons above as- 

 signed, and the fifth for reasons separately assigned 

 by him, 



Are of opinion 



That Great Britain has in this case failed, by omis- 

 sion, to fulfil the duties prescribed in the first and 

 the third of the rules established by the Vlth article 

 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 in- 

 duce the authorities in Great Britain to resort to 

 measures adequate to prevent the violation of the 

 neutrality of that nation, notwithstanding the warn- 

 ings and repeated representations of the agents of 

 the United States, that her Majesty's Government 

 has failed to use due diligence to fulfil the duties of 

 neutrality ; 



And whereas it likewise results from all the facts 

 relative to the stay of the Oreto at Nassau, to her is- 

 sue from that port, to her enlistment of men, to her 

 supplies, and to her armament, with the cooperation 

 of the British vessel Prince Alfred, at Green Bay, 

 that there was negligence on the part of the British 

 colonial 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 cannot relieve Great Britain from the re- 

 sponsibility incurred by her under the principles of 

 international law nor can the fact of the entry of the 

 Florida into the Confederate port of Mobile, and of 

 its stay there during four months, extinguish the re- 

 sponsibility previously to that time incurred by 

 Great Britain : 



For these reasons, 



The tribunal, by a majority of four voices to ono, 

 is of opinion 



That Great Britain has in this case failed, by omis- 

 sion, to fulfil the 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 

 Government of her Britannic Majesty is not charge- 



able with any failure, down to that date, in the use 

 of due diligence to fulfil the duties of neutrality ; 



But whereas it results from all the facts connected 

 with the stay of the Shenandoah 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 with- 

 in that port, that there was negligence on the part 

 of the authorities at that place : 



For these reasons, 



The tribunal is unanimously of the opinion 



That Great Britain has not failed, 6y any act or 

 omission, to fulfil any of the duties prescribed by 

 the three rules of Article VI. in the Treaty of Wash- 

 ington, or by the principles of international law not 

 inconsistent therewith, in respect to the vessel called 

 the Shenandoah, during the period of time anterior 

 to her entry into the port of Melbourne ; 



And, by a majority of three to two voices, the 

 tribunal decides that Great Britain has failed, by 

 omission, to fulfil the duties 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 com- 

 mitted by that vessel after her departure from Mel- 

 bourne, on the 18th day of February, 1865. 



And so far as relates to the vessels called 



The Tuscaloosa (tender to the Alabama), 



The Clarence, 



The Tacony, and 



The Archer (tenders to the Florida), 



The tribunal is unanimously of opinion 



That such tenders or auxiliary vessels, being prop- 

 erly regarded as accessories, must necessarily follow 

 the lot of their principals, and be submitted to the 

 same decision which applies to them respectively. 



And so far as relates to the vessel called Ketnbu- 

 tion, 



The tribunal, by a majority of three to two voices, 

 is of opinion 



That Great Britain has not failed by any act or 

 omission to fulfil any of the duties prescribed by the 

 three rules of Article VI. in the Treaty of Washing- 

 ton, or by the principles of international law not in- 

 consistent therewith. 



And so far as relates to the vessels called 



The Georgia, 



The Sumter, 



The Nashville, 



The Tallahasse and 



The Chickamauga, respectively, 



The tribunal is unanimously of opinion 



That Great Britain has not failed, by any act or 

 omission, to fulfil any of the duties prescribed by 

 the three rules of Article VI. in the Treaty of Wash- 

 ington^ or by the principles of international law not 

 inconsistent therewith. 



And so far as relates to the vessels called 



The Sallie, 



The Jefferson Davis, 



The Music, 



The Boston, and 



The V. H. Joy, respectively. 



The tribunal is unanimously of opinion 



That they ought to be excluded from consideration 

 for want of evidence. 



And whereas, so far as relates to the particulars of 

 the indemnity claimed by the United States, the 

 costs of pursuit of the Confederate cruisers are not, 

 in the judgment of the tribunal, properly distin- 

 guishable from the general expenses of the war car- 

 ried on by the United States : 



The tribunal is, therefore, of opinion, by a major- 

 ity of three to two voices 



That there is no ground for awarding to the United 

 States any sum by way of indemnity under this 

 head. 



And whereas prospective earnings cannot properly 

 be made the subject of compensation, inasmuch as 

 they depend in their nature upon future and uncer- 

 tain contingencies : 



