THE DIVISION \'SD AWARD. 077 



the constnirtion, equipment, niul arTnnmoni; of n vessel nrc not done nway with 

 by any commission >vlii(.'h tlic Ciovcrnment of tlio beilij^ercnt I'ower benefitoil 

 by tiio violation of neutrality may aftcrwuril have granted to tliat vessel: and 

 the uliiniato t«tep, by wliiili tlic olVonsc is completcil, can not be admissible ns 

 ft ground for the absolution of tlie olVender ; nor can llio consummation of his 

 fraud bccoino the means of estai)lisiiing bin innocence; 



And whereas the jirivilege of exterritoriality accortled to vessels of war has 

 been admitted into the law of nations, not ns an absolute ri|;ht, but nolely ns a 

 l)rocceding fiumded on the principle of courtesy and mutual deference between 

 dilTercnt nations, and therefore can never bo njipealed to for the j>rofection of 

 nets done in violation of neutrality ; 



And whereas the absence of a previous notice can not be regarded as a fiil- 

 nre in any considerali(ni rei|uired by the law of luitions in those cases in wiiich 

 a vessel carries with it its own condeinnatioii ; 



And whereas, in order to impart to any Fupplics of coal a character incon- 

 sistent witii the second Unle, i)rohiliiting the use of neutral ports or waters as n 

 base of naval operation.' for n belligerent, it is necessary that the said sujiplics 

 phould be connected witn 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 Aluhnma, it clearly results 

 fronj nil the facts relative to the construction of the ship at first designated by 

 the "No. 21K)" in tho j)ort of Liveri>ool, and its ctpiijimcnt and armament in 

 the vicinity of Terceira, through the agency of tho vessels called the A</rij>/iiiirt 

 and tho linhnmii di.spatchcd fron\ (Ircat Hritain to that end, that the Urili>h 

 (lovcrnincnt failed to use duo diligence in tlie perfi)rmiiiice of its neutral obli- 

 galions; and especially llial it omiKcd, notwithstanding the warnings and ulli- 

 citd rcprescnhitions juado by the diplomatic agents of the United .^tates during 

 tho constructitin of tho said "No. 2'.)0," to take in due lime any edeciivc meas- 

 ures of prevention, and that those orders which it did give at last for the deten- 

 tion of tho vessel were issued so late that their execution was not jiractieable ; 



And whereas, after the escape of that vessel, the measures taken for its pursuit 

 nnd arrest were so imperfect ns to lead to no result, and therefore can not be con- 

 sidered sulVicient to release Great llritain from the rcs])onsibiIity alrea<ly incurred ; 

 And whereas, in despite of the violations of the neutrality of (ireat IJntain 

 committed by the "'-';»0," this same vessel, later known ns the Confederate cniiser 

 y1/((/<nmfj, was on several occasions freely admitted into the ports of Colonies cjf 

 Great Hritain, instead of being ])roccc(led against ns it ought to have been in any 

 nnd every jiort within Hritish jurisdiction iu which it might have been found ; 



And whereas tho Government of Iler iiritaimie Majesty can not justify itself 

 for a failure in tluc diligence on llio plea of tho insufliciency of the legal means 

 of action Mhich it possessed ; 



I'onr of tho Arbitrators, for tho reasons nbovo nssigiicd, nnd the fifth for rea- 

 sons fsepnrately assigned by him, nrc of opinion, 

 That Gront Uritnin lins in ihia cnsc failed, by omission, to fidfill tho duties 



