of His Majesty the Emperor of Germany, who, having regard to the abovementioned article of the said Treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accordance with the true interpretation of the Treaty of June 15, 1846.

ARTICLE XXXV.

The award of His Majesty the Emperor of Germany shall be considered as absolutely final and conclusive; and full effect shall be given to such award without any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated; it shall be in whatsoever form His Majesty may choose to adopt; it shall be delivered to the Representatives or other public Agents of the United States and of Great Britain, respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereof.

ARTICLE XXXVI.

The written or printed case of each of the two Parties, accompanied by the evidence offered in support of the same, shall be laid before His Majesty the Emperor of Germany within six months from the date of the exchange of the ratifications of this Treaty, and a copy of such case and evidence shall be communicated by each Party to the other, through their respective Representatives at Berlin.

The High Contracting Parties may include in the evidence to be considered by the Arbitrator such documents, official correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary to the support of their respective cases.

After the written or printed case shall have been communicated by each Party to the other, each Party shall have the power of drawing up and laying before the Arbitrator a second and definitive statement, if it think fit to do so, in reply to the case of the other party so communicated, which definitive statement shall be so laid before the Arbitrator, and also be mutually communicated in the same manner as aforesaid, by each Party to the other, within six months from the date of laying the first statement of the case before the Arbitrator.

ARTICLE XXXVII.

If, in the case submitted to the Arbitrator, either Party shall specify or allude to any report or document in its own exclusive possession without annexing a copy, such Party shall be bound, if the other Party thinks proper to apply for it, to furnish that Party with a copy thereof, and either Party may call upon the other, through the Arbitrator, to produce the originals or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrator may require. And if the Arbitrator should desire fur

ther elucidation or evidence with regard to any point contained in the statements laid before him, he shall be at liberty to require it from either Party, and he shall be at liberty to hear one counsel or agent for each Party, in relation to any matter, and at such time, and in such manner, as he may think fit.

ARTICLE XXXVIII.

The Representatives or other public Agents of the United States and of Great Britain at Berlin, respectively, shall be considered as the Agents of their respective Governments to conduct their cases before the Arbitrator, who shall be requested to address all his communications, and give all his notices, to such Representatives or other public Agents, who shall represent their respective Governments generally in all matters connected with the arbitration.

ARTICLE XXXIX.

It shall be competent to the Arbitrator to proceed in the said arbitration, and all matters relating thereto, as and when he shall see fit, either in person, or by a person or persons named by him for that purpose, either in the presence or absence of either or both Agents, and either orally or by written discussion or otherwise.

ARTICLE XL.

The Arbitrator may, if he think fit, appoint a secretary or clerk for the purposes of the proposed arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of and connected with the said arbitration, shall be provided for as hereinafter stipulated.

ARTICLE XLI.

The Arbitrator shall be requested to deliver, together with his award, an account of all the costs and expenses which he may have been put to in relation to this matter, which shall forthwith be repaid by the two Governments in equal moieties.

ARTICLE XLII.

The Arbitrator shall be requested to give his award in writing as early as convenient after the whole case on each side shall have been laid before him, and to deliver one copy thereof to each of the said agents.

ARTICLE XLIII.

The present Treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof,

S

and by Her Britannic Majesty; and the ratifications shall be exchanged either at Washington or at London within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty and have hereunto affixed our seals.

Done in duplicate at Washington the eighth day of May, in the year of our Lord one thousand eight hundred and seventy-one.

And whereas the said Treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged in the city of London, on the seventeenth day of June, 1871, by Robert C. Schenck, Envoy Extraordinary and Minister Plenipotentiary of the United States, and Earl Granville, Her Majesty's Principal Secretary of State for Foreign Affairs, on the part of their respective Governments:

Now, therefore, be it known that I, ULYSSES S. GRANT, President of the United States of America, have caused the said Treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this fourth day of July, in the year of our Lord one thousand eight hundred and seventy-one, and of the Independence of the United States the ninety-sixth.

[SEAL.]

By the President:

HAMILTON FISH,

U. S. GRANT.

Secretary of State.

DECISION AND AWARD

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 Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America.

Her Britannic Majesty and the United States of America 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 Her Britannic Majesty,

One by the President of the United States,
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

Her Britannic Majesty, the President of the United States, H. M. the King of Italy, the President of the Swiss Confederation, and H. M. the Emperor of Brazil, having respectively named their Arbitrators, to wit:

Her Britannic Majesty :

Sir Alexander James Edmund Cockburn, Baronet, a Member of Her Majesty's Privy Council, Lord Chief Justice of England;

The President of the United States:

Charles Francis Adams, Esquire ;

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:

Mr. James Stampfli;

His Majesty the Emperor of Brazil:

His Excellency Marcos Antonio d'Araujo, Viscount of 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 conformity with the terms of the Second Article of the Treaty of Wash*ington 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 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 Affairs;

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, 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. 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, 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 Argument 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 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 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 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 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 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 rights and the duties involved 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