The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1871-06-07
The rrentr OF NYashIngton.
WASHINGTON. May Following are the pro
visions of the Treaty of Washington agreed on
by the Joint High Commission
The Alabama Claim.

UO Lue JOlUb AoulAuisslDu
The Alabama Claims
Article First Of the preamble rectes that
differences have arisen and still exist between
the Government of the United States and that
of Great Britain in regard to the claims generally
known as the Alabama Claims" and that Her
Britannia Majesty has authorized the High Com
missioners aud Plenipotentiaries to express
regret for the escape Of the Alabama and other
vessels from British ports, and for the depreda-
tons Of those vessels, and that, in order TO
remove and adjust all claims and the claims Of
the United States, and to provide for speedy
settlement Of claims not added by the British
Government, the high contracting parties agree
that all said claims be referred TO tribunal COM
posed Of arbitrator TO be named, one each by
the President of the United States the Queen
Of England King of Italy, President of the
Swiss Confederation, and the Emperor Of Brazil,
who are each OF them empowered to fill any
vacancy caused by death, absence, or incapacriy
to serve, Of any arbitrator named by them. 1t is
also provided that in the event of the refusal or
omission for two months after the receipt Of the
request from either Of the high contracting par
ties Of the King of Italy, President of the Swiss
Confederation, or the Emperor of Brazil, to
comply, the King Of Sweden and Norway shall
be reqeested to serve in their stead.
ARBTTRAToRs to MEET AT GENEVA.
Article Two provides that the arbitrators shall
meet at Geneva, Switzerland, at the earliest con-
venient day after their appointment, and that all
questions considered by them, including the final
award, shall be decided by the majority of all of
them; also provides that each of the high con-
tracing parties shall name its agents to attend
the tribunal to represent it generally in all mat
tiers connected with the arbitration.
Article Three provides for the delivery in du-
pllcate of the written or printed case of each
party, with all the documents, evidence, etc, to
each of the arbitrators and to the agent of the
other party as soon as may be after the organiza-
ton Of the tribunal but within a period not
exceeding six months from date Of the exchange
of the ratification of the treaty.
Article -Four provides for similar delivery to
arbltrators' agents within four months after de-
livery of the printed cases Of copies of the
counter case, with additional documents, etc,
when, in their judgment it becomes necessary, in
consequence of the distance of the place from
which the evidence is to be procured. The
article also binds each party to furnish the other
with copies Of all reports or documents used as
evidence.
Article Five provides for the delivery by the
agent Of each party, within two months after the
expiration Of the time limited for the delivery of
the counter case, of copies of the written or
printed argument of each party in the case.
RULES TO DETERMINE THE CASES.
Article Sikh deciding matters to be sub |
rlitted to the arbitrators they shall be governed
by the following rules to be taken as applicable /
to the case, and by such principles Of interna-
tional law not inconsistent Herewith, as the |
arbitrators shall determine to have been applica-
bic to the case.
RuleS.-A Neutral government is bound, first,
to use due diligence to prevent the fitting out,
arming, or equipping within its jurisdiction of
my vessel when there is reasonable ground TO
DHISNS ~ - lutShASu " Ciuise VI ~ u ID
against power with which it is at peace and
Also to use like diligence 10 prevent the departure
from its jurisdiction of any vessel intended to
cruise or carry on war as above-such vessel
having been specially adapted, in whole or in
part, within such jurisdiction to warlike use.
Secondy-Not to permit or suffer either bel
gerent to make use of its ports or waters as the
base of naval operations against the other, or for
the purpose of the renewal or organization of
military supplies, arms, or the recruitment of
men.
Thirdly-To exercise due diligence in its own
ports and waters, and to all persons within its
Jurisdiction to prevent any violation Of the fore
going obligations and duties
THESE RULES NOT IN FORCE HERETOFORE
Her Britannia Majesty has commanded her
High Commissioners and Plenipotentiaries to
leclare that Her Majestys Government can not
assent to the foregoing rules as statement of
he principles of international law which were in
force at the time when the claims mentioned in
Article One arose, but that Her Britannia
Najesty's Government, in order to eviuce its
lesire Of Strengthening the friendly relations be-
.ween the two countries, and of making salts
actory provision for the future agrees that in
deciding the questions between the two countries
rising out of these claims, the arbitrator should
assume that Her Majesly's Government had
to act upon the principles put forth
n these rules, and the high contracting parties
gree TO observe these rules between themselves
n the future, and to bring them to the knowledge
If other maritime Powers, and to invite them to
.ccede to them.
THE AWARD TO BE PAID IN COIN.
Article Seven-The decision of the tribunal
which shall, if possible be made within three
months from the close OF the arguments on both
ides shall be made in writing and dated, and
hall be signed by the arbitrator who may
ssent to it. The tribunal shall first determine
S to each vessel separately, whether Great
Britain has by any act or omission failed to
llill any of the duties set forth in the foregoing
hree rules, or recognized by the principles of
law not inconsistent with such, and
hall certify such fact as to each of the said
essels. In case the tribunal find that Great
britain has failed to fulfill any duty or duties
S aforesaid, it may, if it think proper, proceed
/, ,,r,ra 4, chr, - ,,rose V,ho 49,, 90, 1911 I