New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-20

following three rules, which are agreed
upon BY the high contracting parties al
rules to 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 t.
the case.
A neutral government is bound
First, to use due diligence to prevent thu
fitting out, arming, or equipping, within it,
jurisdiction, of any vessel which it has rea
s0nable ground to believe is intended t.
cruise or carry on war against power will
| 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 OF
waters as the base Of naval operations
against the other. or for the purpose OF the
renewal or augmentation of mil itary sup
plies or arms, or the recruitment'of uen.
| 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 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 I arose, but
| that Her Majesty's government, in order
to evince its desire OF strengthening the
| 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 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.
It 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 az
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 net 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 a 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 he 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.
Each government shall pay its own
agent, and provide for the proper
remuneration OF the counsel en-
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 other expenses connected with
the ALTERATION shall be betrayed by the two
governments in equal moieties.
ARTICLE TX.
The arbitrator shall keep an accurate
record Of their proceedings, and may APP
point and employ the necessary officers to
ARTICLE Z.
In case the tribunal finds that Great
Britain has failed to fulfil any duty or
duties as aforesaid. and does not award q
sum in gross. the high contracting parties
agree that board OF assessors shall be APP
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,
to the extent Of such Liability Us
decided by the arbitrator.
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 b; Her Britannia Majesty: and one
member thereof shall be named by the
at Washington of His Majesty
the King Of Italy; and in case Of a vacancy !
happening from any cause, it shall be filled |
in the same manner in WHICH the original |
appointment was made.
As soon as possible after such nomina-
lions the board of assessors shall be organ
zed in Washington, with power to hold |
their sittings there. or in New York or in |
Boston. The members thereof shall sever |
ally subscribe solemn declaration that |
hey will impartially and carefully examine |
and decide, to the best of their judgment |
and according to justice and equity, all mat
.ers submitted to them. and shall forth
With proceed, under such rules and regular
ions as they may prescribe, to the investi-
cation Of the claims which shall be presented
% them by the government of the United
states. and shall examine and decide
1pOn them in such order and manner as
hey may think proper. but upon such evil
lence or information only as shall be fur
lished by or on behalf of the governments
# the United States and of Great Britain,
They shall be bound to hear
m each separate claim, if required, one per.
ION on behalf of each government, as cOun-
el or agent. A majority of the assessors in
ZACH 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 aud 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-
entatiOn of any claim to a further period,
lot exceeding three months.
The assessors shall report to each govern
nent at or before the expiration of one year
rom the date of their first meeting the
mount of claims decided by them up to the
late of such report; if further claims then
emain undecided, they shall make further
eport at or before the expiration of two
ears from the date Of such first meeting;
nd In case any claims remain undetermined
t that time. they shall make final report
within q further period of six months
The report or reports shall be made in
uplicate, and one copy thereof shall be de-
ivered to the Secretary of StatA of the |