New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-23

following three rules, which are agreed
| upon by the high contracting parties at
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.
A neutral government is bound
First, to use due diligence to prevent the
hitting out, arming, or equipping, within its
jurisdiction, of any vessel which it has rea-
sonable ground to believe is intended to
cruise or carry On war against power with
which it is at peace; and also to use like
dlllgence to prevent the departure from its
jurisdiction Of any vessel intended to cruise
or carry on war as above, SUCH vessel hav-
ing been specially adapted, in whole or in
part, within such jurisdiction, to warlike
use.
secondly, not to permit or suffer either
belllgerent 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 augmentation of military sup
plies or arms, or the recruitment Of men.
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 p!enipotentia-
ries to declare that Her Majesty's govern
ment can not assent to the foregoing rules
as statement of principles of international
law which were in force at the time when the
claims mentioned in Article l arose, but
that Her Majesty's government, in order
to evlnce it's desire OF Strengthening the
friendly relations between the two cOun-
tries and Of making satisfactory provision
for the future agrees that in deciding the
questions between the two countries arising
out OF those claims. the arbitrators should
assume that Her Majestys government had
undertaken to act upon the principles set
forth in these rules
And the high contracting parties agree to
observe these rules as between themselves
edge OF other maritime powers, and to in
ylte them to accede to them.
ARTICLE VII.
The decision of the tribunal shall. if pos.
sible, be made within three months from
the close OF the argument on both sides.
1t shall be made in writing and dated,
and shall be signed by the arbitrators who
may assent to it.
The said tribunal shall first determine as
to each vessel separately whether Great
Britain has, by any act OF omission, failed
to fulfill any Of the duties set forth in the
foregoing three rules. or recognized by the
principles of international law not incOnsist-
ent with such rules, and shall certify such
fact as to each of the said vessels. In case
the tribunal find that Great Britain has
failed to fulfill any duty or duties as afore-
said, it may, if it think proper, proceed to
award sum in gross to be paid by Great
Britain to the United States for all claims
referred to it; and in such case the gross
sum so awarded shall be paid in coin 10y the
government of Great Britain to the govern
ment Of the United States at Washington.
within twelve months after the date of the
award.
The award shall be in duplicate, one copy
whereof shall be delivered TO the agent Of
the United States for his government. and
the other copy shall be delivered TO the
agent Of Great Britain for his govern
ment.
ARTICLE VIII.
Each government shall pay i.s own
agent, and provide for the proper
Of the counsel en-
ployed by it and OF the arbitrator
by it. and for the expense OF pre-
pairing and submitting its case TO tie tribu-
nal. All oth.r expenses connected with
the arbitration shall oe detraved by the two
governments i'll equal moieties.
ARTICLE IX.
The arbitrators shall keep an accurate |
record of their proceedings, and may APP |
point and employ the necessary officers TO |
assist them.
ARTICLE Y.
In case the tribunal finds that Great
Britain has failed 10 fulfil any duty or
luties as aforesaid, and does not award a
sum in gross. the high contracting parties |
agree that a board OF assessors shall be ap-
pointed to ascertain ami determine what |
;laims are valid, and what amount or
amounts shall be paid by Great Britain to
he United States on account Of the liability
lrising from such failure. as Ia each vessel.
to the extent of such liability as
lecided by the arbitrators.
The board Of assessors shall he consti-
uted as follows: One member thereof shall
,e named by the President Of the United
states. one member thereof shall be
famed By Her Britannia Majesty; and one
member thereof shall be named BY the
representative at Washington Of His Majesty
he King of Italy; and in case of q vacancy
from any cause. it shall be filled
n the same manner in which the original
appointment was made.
As soon as possible after such nOmina-
ions the board OF assessors shall be organ
zed in Washington. with power to hold
heir sittings there, or in New York or in
Boston. Cne members thereof shall sever
lily subscribe a solemn declaration that
hey will iinpartially and carefully examine
nd decide. to the best of their judgment
nd according to justice and equity. all mat
ers submitted to them. and shall forth
nth proceed, under such rules and regular
ions as they may prescribe. to the investi-
alton OF the claims which shall be presented
0 them by the government Of the United
tates. and shall examine and decide
pom them in such order and manner as
hey may think proper, but upon such evil
ence or information only as shall be fur |
ished by or on behalf Of the governments
f the United States and of Great Britain.
They shall be bound to hear
n each separate claim, if required. one per-
on on behalf Of each government. as coun-
Ell or agent. a majority of the assessors in
ach case shall be sufficient for decision.
The decision Of each assessor shall be
iven upon each claim in writing, and shall
e signed by them respectively and dated.
Each claim shall be presented to the as
essors within SIX months from the day of
heir first meeting. but they may, for good
ause shown, extend the time for the pre-
entatlOn OF any claim to further period |
OF exceeding three months.
The assessors shall report to each govern
tent at or before the expiration Of one wear
om the date OF their first meeting the
mount Of claims decided by them up to the
ate OF such report: if further claims then
main undecided, they shall make further
port at or before tie expiration of two
ears from the date of such first meeting:
al in case any claims remain undetermined
that time. they shall make nnal report
thin further period of six months
The report or reports shall be made in
lplicate, and one copy thereof shall be de-
vered to the Secretary Of State Of the
nited States, and one copy thereof TO the
preventative Of Her Britannia Majesty at
'ashington.
All Sums of money which may he awarded