New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-06

following three rules, winch kAre agreed
upon 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.
A neutral government is bound
First to use due diligence to prevent the
fitting out, arming or eqripplng, WITHIN It's
Jurisdiction, of any vessel Wh1ch IL mas rea-
sonable ground to believe Is lntenaed 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, suen vessel hay
ing been specially adapted, in whole or IN
part, within such jurisdiction, to Warllke
USE.
Secondly, not to permit or suffer either
belligerent to make use OF It's 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 OF the recruitment OF men.
| Thirdly. to exercise due diligence IN It's
| own ports and waters, and, as to all per-
| sons within it's jurisdiction, to prevent any
violation of the foregoing obligations and
| duties.
Her Britannia Majesty has commanded
! her high commissioners and plenip0tentla-
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 | arose, but
that Her Majesty's government, i'll 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 arbitrators should
assume that Hell. 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 aecede 10 them. ----a
! 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 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
REFEREED to it; and in such case the gross
sum 80 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 en-
ployed by it and of the arbitrator
appointed by it, and for the expense of pre-
pairing and submitting it's case to the tribu-
nal. All othar expenses connected with
the arbitration shall be betrayed by the two
governments in equal moieties.