New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-19

| upOA ny JIG nlSl contracting pdrClc0 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 Il
the case.
A neutral government is bound
First, to use due diligence to prevent the
htt!ng out, arming, or equippiDg, within it,
jurisdiction, Of any vessel which it has rea
sonable ground to believe is intended tc
cruise or carry on war against power with
when 1t is at peace; and also to use like
dlhgence to prevent the departure from ite
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
oelngerent 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
pies or arms, or the recruitment of men.
1Mrdly, to exercise due diligence in it's
own ports and waters, and, as to all per
sons within its jurisdiction, to prevent any
violation OF the foregoing obligations and
Her Britannia Majesty has commanded
her high commissioners and plenipotentia-
rles to declare that Her Majestys govern
ment can not assent to the foregoing rules
as statement of principles of international
law winch We're in force at the time when the
CLAIMS mentioned in Article l arose, but
mat Her Majesty's government, in order
70 evlnce Its desire OF strec gthening the
! friendly relations between the two cOun-
| tries and OF making satisfactory provision
| Tor 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.
cage OF other maritime powers, and 20 in
Vite them to accede to them.
ARTICLE VII.
The decision of the tribunal shall, if pos.
sitle. I've 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 20 it.
The said tribunal shall first determine "a
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 bv the
principles OF international law 1T inconsisr-
ent with such rules. and shall certify such
tact as to each OF the said vessels. In case
the tribunal lind that Great Britain has |
failed to fulfill any duty or duties as afore- |
SAID. 1t may. ii 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 he in duplicate. one copy
whereof shall be delivered to the agent of
the United States for his government and
the other copy shall he delivered 10 the
agent OF Great Britain Tor lis govern
meut
Each government shall pay it's own
agent, and provide for the proper
OF the counsel EN-
o,"yed by it and of the arbitrator
by it, and for the expense of pre-
caring and submitting its case to the tribu-
lal All other expenses connected with |
he arbitration shall be detrayed 10y the two
governments IN equal moieties.
ARTICLE IL.
The arbitrators shall keep an accurate
ecord Of their proceedings and NAV ap- .
'olnt and employ the necessary officers to
sslst them.
ARTICLE Z. o
In case the tribunal finds that Great I
britain has failed 20 fulfil anv duty or
uties as aforesaid. and does not award S
um III gross. the high contracting parties c
gree that board of assessors shall be ap-
olnted to ascertain and determine what Q
laims are valid. and what amount or t
mounts shall be paid by Great Britain 10
be United States on account OF the liability
rising from such failure, as to each vessel, h
ccording to the extent OF such liability as p
ecided by the arbitrator. =
The board Of assessors shall be consti- +
tied as follows: One member thereof shall a
e named by the President of the United i
tates, one member thereof shall be II
AIMED b. Her Britannia Majesty: and one
ember thereof shall be named by the
preventative at Washington of His Majesty
lie King Of Italy: and in case Of vacancy a
from any cause, it shall he filled y
the same manner in which the original j."
prominent was made.
AS soon as possible after such nomina- y =,
Ons the board of assessors shall be organ u
ed IN Washington. with power to hold
eir sittings there. or in New York or in -
oston. The members thereof shall sever
ly subscribe solemn declaration that {,
ey will impartially and carefully examine q
I'd decide, to the best of their judgment :.
I'd according to justice and equity. all mat 81 =,
- SuUmlttcu " tutlu. anu snail 1Ortl- | -.
it'll proceed, under such rules and regular y.
ms as they may prescribe to the investi- "
tion OF the claims which shall be presented ~ ~
them by the government Of the United 81
ates, and shall examine and decide
ION them in such order and manner as
ey may think proper, but upon such evil c. e.
nee or information only as shall be fur ~ ~
shed by or on behalf Of the governments -,
the United States and of Great Britain e::'
Nv h,1I l.., |
each separate claim, if required one per :. .,'
h on behalf of each government, as coun- IL
or agent. majority of the assessors in -, 49,
ch case shall be sufficient for decision ~
The decision of each assessor shall be s s;'
zen upon each claim in writing, and shall 81,
signed by them respectively and dated ;h
Each claim shall be presented to the as AZ
sors within six months from the day of
,ir first meeting, but they may, for good
Use shown, extend the time for the pre- TIE
ltatiOn of any claim to a further period, 10
exceeding three months. We
The assessors shall report to each govern Vii
mt at or before the expiration Of one year I"
III the date OF their first meeting the Gu
cunt Of claims decided by them up to the I'M
e Of such report if further claims then De
nain undecided, they shall make further sn
'Ort at or before the expiration of two ne
Irs from the date of such first meeting; tei
in case any claims remain undetermined Vi
that time, they shall make final report Gel
hin further period Of six months an
he report or reports shall be made in Pr
,licate, and one copy thereof shall be de- br
,red to the Secretary Of State Of the wa
tied States, and one copy thereof to the Ine
resentative Of Her Britannia Majesty at TO
shingtOn. nn
II sums of money which may be awarded sni
Ter this article shall be payable at Wash t ia,
- vsNls