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Made by the tribunal of arbitration constituted by virtue of the first article

of the treaty concluded at Washington the 8th of May, 1871, between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland.

Recital of prori. sions of the treaty of Washington.

Appointment of ar.

.

The United States of America and Her Britannic Majesty ha ving agreed by Article I of the treaty concluded and signed at Washington the Sth of May, 1871, to refer all the claims "generically known as the Alabama claims” to a tribunal of arbitration to be composed of five arbitr:rtors 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 Britannic Majesty, His Majesty the King of Italy, the President of the Swiss Confederation, and His Majesty the Emperor of Brazil having bitrators. respectively named their arbitrators, to wit: The President of the United States, Charles Francis Adams, esquire;

Her Britannic Majesty, Sir Alexander James Edipund Cockburn, haronet, a member of Her Majesty's privy council, lord chief justice of England;.

His Majesty the King of Italy, His Excellency Count Frederick 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 Stämpfli; His Majesty the Emperor of Brazil, his Excellency Marcos Antonio d'Araujó, Viscount d'Itajubá, a grandee of the Empire of Brazil, member of the council of H. M. the Emperor of Brazil, and his envoy extraordinary and minister plenipotentiary in France.

And the five arbitrators above named having assembled at Geneva (in Switzerland) in one of the chambers of the Hôtel de Ville on the 15th of December, 1871, in couformity with the terms tribunal. 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 powers, which were 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 Article II, to wit:

For the United States of America, John C. Bancroft Davis, esquire;

And for fler Britannic Majesty, Charles Stuart Aubrey, Lord enterden, a peer of the United Kingdom, companion of the Most Honorable Order of the Bath, assistant under-secretary of state for foreign

Whose powers were found likewise duly authenticated, then delivered to each of the. arbitrators the printed case prepared by each of the two parties, accompanied 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.

Organization

of

affairs;

Telivery of cases, Delivery of count. er-cases.

Delivery of argu ment.

In virtue of the decision made by the tribunal at its first session, the

counter-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 15th of April, 1872, at the chamber of conference, at the Hôtel de Ville of Geneva. The tribunal, in accordance with the vote of adjournment passed at

their second session, held on the 16th of December, 1871,

re-assembled 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 argument referred to in Article V of the said treaty. The tribunal having since fully taken into their consideration the

treaty, and also the cases, counter-cases, documents, evi

dence, 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:

or

Deliberations tribunal.

Award.

.

Definition of due diligence.

Whereas, having regard to the VIth and VIIth articles of the said treaty, the arbitrators are bound under the terms of the said VIth article, " in deciding the matters submitted to them, to be governed by the three rules therein specified and by such principles of international law, not inconsistent therewith, as the arbitrators shall determine to bave been applicable 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 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 exercise on the part of Her Britannic Majesty's government of all possible solicitude for the observance of the rightsand the duties in volved in the proclamation 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, and armament of a

vessel are not done away with by any commission which the government of the belligerent power, benefited by the violation of neutrality, may afterwards have granted to that vessel; and the ultimate step, by which the offense 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 innocence;

And whereas the privilege of exterritoriality accorded to vessels of Exterritorinlits or 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 cannot be regarded as a Effect of want or failure in any consideration required by the law of nations,

in those cases in which a vessel carries with it its own con. demnation ;

And whereas, in order to impart to any supplies of coal a character Supplies of coal. inconsistent with the second rule, probibiting the use of

Effect of a commission.

Tessels of war.

notice.

Responsibility for acts of the Alabamı

66

neutral ports or waters, as a base of naval operations for a belligerent, it is necessary 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 Agrippina" and the "Bahama," dispatched from Great Britain to that end, that the British gov. ernment failed to use due diligence in the performance of its neutral obligations; and especially that it omitted, notwithstanding the warnings and official representations made by the diplomatic agents of the United States during the construction of the said number 6 290,” to take in due time any effective measures of prevention, 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 imperfect 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 Alabaina, was on several occasions freely admitted into the ports of colonies of Great Britain, instead of being proceeded against as it ought to have been in any and every port within British jurisdiction in which it might have been found;

And whereas the government of Her Britannic Majesty cannot justify itself for a fatlure in due diligence on the plea of insufficiency of the legal means of action which it possessed :

Four of the arbitrators, for the reasons above assigned, and the fifth for reasons separately assigned by him,

Are of opinionThat Great Britain has in this case failed, by omission, to fulfill the duties prescribed in the first and the third of the rules established by the VIth 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 induce the authorities in Great Britain to resort to measures adequate to prevent the violation of the neutrality of that nation, notwithstanding the warnings 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 tbe stay of the “Oreto” at Nassau, to her issue from that port, to her enlistinent of inen, to her supplies, and to her armament, with the co-operation of the British vessel Prince Alfred," at Green Cay, 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 responsibility incurred by her under the principles of international law; nor can the fact of the entry of the

And of the Florida,

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of

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Florida into the confederate port of Mobile, and of its stay there during four months, extinguish the responsibility previously to that time incurred by Great Britain :

For these reasons,
The tribunal, by a majority of four voices to one, is of opinion-

That Great Britain has in this case failed, by omission, to fulfil the duties prescribed in the first, in the second, and in the third of the rules establisbed by Article VI of the treaty of Washington. And whereas, with respect to the vessel called the “Shenandoab," it re.

sults from all the facts relative to the departure from Lovdonn after leaving don of the merchant-vessel the “Sea King," and to the trans.

formation of that ship into a confederate cruiser under the name of the Shenandoah, near the island of Madeira, that the govern. ment of Her Britannic Majesty is not chargeable 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 within that port, that there was negligence on the part of the authorities at that place:

For these reasons,
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 Washington, 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 bas failed, by omission, to fulfil the duties prescribed by the second and third of the rules aforesaid, in the case of this same ressel, from and after her entry into Hobson's Bay, and is therefore re. sponsible for all acts committed by that vessel after her departure froin Melbourne, 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 properly 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 “Retribution,"

The tribunal, by a majority of three to two voices, is of for the Retribution, 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 Washington, or by the principles of international law not inconsistent therewith.

And so far as relates to the vessels called
The Georgia,
The Sumter,
The Nashville,
The Tallahasse, and
The Chickainauga, respectively,

And of the Tuecaloo-a, Clarence, Ta. cony, and Arcber.

No responsibility

(ieorgir, Sumter, Nashville, TX.thae see, or (hick anxuga.

The Sallie, Jeffer. 800 Davie, Music, Boston, and V. H. Joy not taken into considerations.

Claims tor cost of

And for prospect. ive earninga

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 Washington, or by the principles of international law not incorsistent 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 opinionThat 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, pursuit not allowed. properly distinguishable from the general expenses of the war carried on by the United States:

The tribunal is, therefore, of opinion, by a majority 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 uncertain contingencies:

The tribunal is unanimously of opinionThat there is no ground for awarding to the United States any sum by way of indemnity under this head.

And whereas, in order to arrive at an equitable compensation for the damages which have been sustained, it is necessary to set aside all double claims for the same losses, and all claims for allowed. " gross freights,” so far as they exceed “net freights ;" And whereas it is just and reasonable to allow interest at a reasonAnd whereas, in accordance with the spirit and letter of the treaty: of Washington, it is preferable to adopt the form of adjudication of a sum in gross, rather than to refer the subject of compensation for further discussion and deliberation to a board of assessors, as provided by Article X of the said treaty :

The tribunal, making use of the authority conferred upon it by Article VII of the said treaty, by a majority of four voices to one, awards to the United States a sum of $15,500,000 in gold, as the indemnity to be paid by Great Britain to the United States, for the satisfaction of all the claims referred to the consideration of the tribunal, conformably to the provisious contained in Article VII of the aforesaid treaty.

And, in accordance with the terms of Article XI of the said treaty, the tribunal declares that “all the claims referred to in the treaty as submitted to the tribunal are hereby fully, perfectly, and finally settled."

Furthermore it declares, that “each and every one of the said claims, whether the same may or may not have been presented to the notice of, or made, preferred, or laid before the tribunal, shall henceforth be considered and treated as finally settled, barred, and inadmissible.”

In testimony whereof this present 'decision and award has been made

Net freights only

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able rate;

$15,500,000 com pensation awarded.

The payment to be a bar.

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