New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-16

rules 70 be taken as applicable to the case,
| and by SUCH principles Of international Law
not inconsistent Herewith as the arbitrator
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
diligence 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
/ belligerent 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 plenipotentla-
ries to declare that Her Majesty's govern
| ment can not assent to the foregoing rules
as a statement of principles of international
law which we're in force at the time when the
| claims mentioned in Article / arose, but
that Her Majestys government, in order
| to evince its 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 arbitrator should
assume that Her Majesty's 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
! in future, and to bring them to the knowl
| edge of other maritime powers, and to in
vite 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 arbitrator who
may assent to it,
| The said tribunal shall first determine as
| to each vessel separately whether Great
| Britain has, by any act or 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-
emit 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 by 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 its own
agent, and provide for the proper
remuneration of the counsel em-
ployed by it and of the arbitrator
appointed by it, and for the expense of pre- |
pairing and submitting its case to the tribu- |
nal All oth.r expenses connected with |
the arbitration shall be betrayed by the two |
governments III equal moieties.
ARTICLE TX.
The arbitratorS shall keep an accurate |
record Of their proceedings, and may APP
point and employ the necessary officers to
ARTICLE Y.
In case the tribunal finds that Great
Britain has failed to fulfil any duty or
duties as aforesaid, and does not award a |
sum in gross, the high contracting parties
agree that board of assessors shall be ap-
pointed to ascertain and determine what
claims are valid, and what amount or
amounts shall be paid by Great Britain to
the United States on account of the liability
arising from such failure, as to each vessel.
according to the extent of such liability as
decided by the arbitratOrs
The board of assessors shall be consti-
tuted as follows: One member thereof shall
be named by the President of the United
States, one member thereof shall be
named by Her Britannia Majesty; and one
thereof shall be named bv the
representative at Washington of His Majesty
the King of Italy; and in case of vacancy
happening from any cause, it shall be filed
In the same manner in which the original
appointment was made.
As soon as possible after such nomina-
tons the board of assessors shall be organ
lied In Washington, with power to hold
their sittings there, or in New York or in
Boston. The members thereof shall sever
ally subscribe a solemn declaration that
they will impartially and carefully examine
and decide, TO the best of their Judgment
and according to justice and equity, all mat
Lers submitted to them, and shall forth
with proceed, under such rules and regula-
lions as they may prescribe, to the investi-
CATION of the claims which shall be presented
20 them by the government of the United
states, and shall examine and decide
lpon them in such order and manner as
hey may think proper, but upon such evil
ience or information only as shall be FUR |
llshed by or on behalf of the governments
II 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- ,
eel or agent. A majority of the assessors in
ach case shall be sufficient for a decision. :
The decision of each assessor shall be 5
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- I
entation OF asy claim to further period,
ot exceeding three months.
The assessors shall report to each govern !
1ent at or before the expiration of one year
rom the date of their first meeting the {
mount of claims decided by them I'D to the I
ate OF such report; if further claims then .
emaln undecided, they shall make a further 5
eport at or before the expiration of two 1
ears from the date of such first meeting; Z
no IN case any claims remain undetermined U
t that time. they shall make final report C
lthln further period of six months a
The report or reports shall be made in
uplicate, and one copy thereof shall be de- L
vered to the Secretary of State of the Y
nlted States, and one copy thereof to the d
preventative OF Her Britannia Majesty at U
7ashington. n
All sums OF money which may be awarded y J
1der this article shall be payable at Wash d
gton, in coin, within twelve months after u
e delivery of each report u