The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-07-26

copy, such Party shall be bound, if tn
other Party thinks proper to apply for il
to furnish that. Party with a copy thereof
and either Party may call upon the Other
through the Arbitrators, to produce til
originals or certified copies of any paper
adduced as evidence, giving in each instanc
such reasonable notice as the Arbitrator
may require. So ~ tssaal 3
81 ARTICLEv ". l3sA ~
It shall be the duty Of the agent of eacl
Party, within two months after the expira
ton of the time limited for the delivery
the counter case on both sides, to deliver
in duplicate to each of the said Arbitrator
and to the agent Of the other party writ
ten or printed argument showing the points
and referring to the evidence upon which
his Government relies /; and the Arbitrator
may, if they desire further calculation with
regard to any point, require a written OF
printed statement OF argument, or oral ar
gument by counsel upon it but in such
case the other Party shall be entitled to re-
ply either orally or in writing, as the case
may be. .-.,,|
a ARTICLE vi. 1ir
In deciding the matters submitted to the
Arbitrators, they shall be governed by the
following three rules, which are agreed up-
on by the High Contracting Parties as rules
to be taken as applicable to the case, and
by such principles of International Law not
inconsistent Herewith as the Arbitrators
shall determine to have been applicable to
the case. ~ fpii h.iy.lt
~ RULES N SD ie .syrsi
A neutral Governments bound sli 80
First, to use due diligence to prevent the
hitting out, aI1ning, or equipping, within its
jurisdiction, of any vessel which it has rea-
sonable ground to believe is intended to
cruise or to carry on war against Power
with which it is at peace; and also to use
like diligence to prevent the departure from
its jurisdiction of any yesselintend to cruise
or carry on war as above, such vessel hav-
ing been specially adapted, in whole or in
part, within such jurisdiction, for warlike
use.
Secondly, not to permit or suffer either
belligerent to make use of its ports or wa,
tiers as the base of naval operations against
the other, or for the pupose of the renewal
or augmentation of military supplies or
arms, or the recruitment of men. }T5.I
Thirdly, to exercise due diligence in its
own ports and waters, and, as to all per-
sons within its jurisdiction, to prevent any
violation of the foregoing obligations and
duties. -,
Her Britannia Majesty has commanded
her High Commissioners and Plenipotentia-
ries to declare that Her Majesty's Governs
ment cannot assent to the foregoing rules
As statement of principles of Internation-
ii Law which were in force at the time
when the claims mentioned in Article /
arose, but that Her Majesty's Government. |
N order to evince its desire of strengthen
ng the friendly relations between the two
countries and of making satisfactory pro-
Vision for the future, agrees that in deciding |
he questions between tho two countries |
lrising out of these claims, the Arbitrator, |
should assume that Her Majesty's Govern
nent had undertaken to act upon the prin- |
'iples set forth in these rules. -
Z And the High Contracting Parties agree
o observe these rules as between them
elves in future, and to bring them to the
of other mafatiine Powers, and 1
o invite them to accede to. them. ,..s |
ARTICLE VII. s'as lii8 heJi
The decision of the Tribunal shall. if pos
ible, he made within three months from
he close OF the argument on both sides.
1t shall be made in writing and dated, and
hall be signed by the Arbitrators who may
ssent to it. ,.,---.- ,,r,s-,
The said Tribunal shall first determine as
9 each vessel separately whether Great
britain has, by any act OF omission, failed
. fulfil any Of the duties set forth in the
]regoing three rules, or recognized byi the /
rinciples of International Law not neon
istent with such rules, and shall certify
UGH fact as to each of the said vessels. In
ase the Tribunal find that Great Britain
as failed to fulfil any duty or duties as
foresaid, it may, if it think proper, proceed
award a sum in gross to be paid by Great 4
'ritain to the United States for all the claims
eferred to it; and in such case the gross
lm so awarded shall be paid III coin by /
Ne Government of Great Britain to the /
government of the United States, at WASH
lgton, within twelve months after the date
t the award. mB9l
The award shall be in duplicate, one /
)py whereof shall be delivered to the agent
the United States for his Government.
nd the other copy shall be delivered to the
gent Of Great Britain for his Government.
q-apa ARTICLE VIII. e A |.
Each Government shall pay its own agent
nd provide for the proper remuneration of
re counsel employed BY it and Of the Ar +
TRAITOR appointed by it, and for the ex-
ense Of preparing and submitting its case
} the Tribunal. All other expenses con-
ected with the arbitration shall be defray-
! by the two Governments in equal MOLE
es. ,Ftrf sfst.sg.igsssF.s4 ~ rfgt /,
hl ARTICLE TX. ~, 4
The Arbitrators shall keep an accurate
cord of their proceedings, and may ap- !
omt and employ the necessary officers to
'sist them. q.o48 hal. aian1aY 1ga
ARTICLE x. - .isf.l +
In case the Tribunal finds that Great Bril-
in has failed to fulfil any duty or duties
! aforesaid, and does not award sum in
'oss, the High Contracting Parties agree
lat Board Of Assessors shall be appoint
to ascertain and determine what claims
e valid, and what amount or amounts
lall be paid by Great Britain to the Uni /,
d States on account of the liability aris- [
G from such failure, as to each vessel, ac- {
riding TO the extent of such liability as 3
,cided by the Arbitrators. ca hn 111ei L.
The Board of Assessors shall be consti-
tied as follows One member thereof shall Is
} named by the President of the. United F;
ates, one member thereof shall be i /,
'med by Her Britannia Majesty; and \
lie member thereof shall be named
7 the Representative at Washington
His Majesty the King of Italy !; {
i'd in case of a vacancy happening from {