276 APPENDIX. 



and verification of tlieir respective powers, which \vere found duly authenticated, 

 the Tribunal of Arbitration was declared duly organized. 



The Agents named by each of the High Contracting Parties, by virtue of the 

 same Second Article, to wit : 



For Her Britannic Majesty : 



Charles Stuart Aubrey, Lord Tenterden, a Peer of the United Kingdom, 

 Companion of the Most Honorable Order of the Bath, Assistant Under- 

 Secretary of State for Foreign Aflairs ; 



And for the United States of America : 

 John C. Bancroft Davis, Esquire ; 

 whose powers were found likewise duly authenticated, then delivered to each of 

 the Arbitrators the printed Case prepared by each of the two Parties, accompa- 

 nied by the documents, the official correspondence, and other evidence on which 

 each relied, in conformity with the terms of the Third Article of the said Treaty. 



In virtue of tlie decision made by the Tribunal at its first session, the Coun- 

 ter-Case, and additional documents, 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 IGth of April, 1872, at the 

 Chamber of Conference, at the Hotel de Ville of Geneva. 



The Tribunal, in accordance with the vote of adjournment passed at their 

 second session, held on the IGth of December, 1871, reassembled at Geneva on 

 the 1 5th of June, 1872 ; and the Agent of each of the Parties duly delivered to 

 each of the Arbitrators and to tiie Agent of the other I'arty the printed Argu- 

 ment 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 tliem by the two Parties during the j)rogress 

 of their sittings, and having impartially examined the same, 



Has arrived at the decision embodied in the present Award : 



Whereas, having regard to the Sixth and Seventh Articles of the said Treaty, 

 the Arbitrators are bound under the terms of the said Sixth Article, "in decid- 

 ing the matters submitted to them, to be governed by the three Rules therein 

 specified, and by such princii)les of International Law not inconsistent there- 

 with as the Arbitrators shall determine to have been aitplicable to the case ;" 



And whereas the " due diligence " referred to in the first and third of the 

 said Rules ought to be exercised by neutral Governments in exact proportion 

 to the risks to which either of the belligerents may be exposed from a failure to 

 fulfill the obligations of neutrality on their part ; 



And whereas the circumstances out of which the facts constituting the sub- 

 ject-matter of the present controversy arose were of a nature to call for the 

 exercise on the part of Her Britannic Majesty's Govcnnnent of all possible so- 

 licitude for the observance of the rights and the duties involved in the Procla- 

 mation 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 



