New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-26

l
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.
| 4 neutral government is bound
First, to use due diligence to prevent the
fitting out, arming, or equipplng, within lts
jurisdiction, of any vessel which 1t 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 Ike
| diligence to prevent the departure from its
| jurisdiction of any vessel intended to cruise
| or carry on war as above, sucn vessel nay
ing been specially adapted, in whole or IN
part, within such jurisdiction, to Warilke
/ use.
Secondly not TO permit or suffer either
belligerent to make use of its ports. or
| waters az 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 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 10 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 Maiesty's government, in order
| to evinoe 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 Her Majesty's government had
| undertaken to act upon the principles set
forth in these rules.
And the high contracting parties agree 10
| observe these rules as between themselves
| IL future, and TO bring them to the knowI-
edge of other maritime powers, and 10 in
viUe them 70 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 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-
ent with such rules, and shall certify such
! fact as to each OF the said vessels. III 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
mert of the United States at Washington,
| within twelve months after the Safe Of the
| award.
| The award shall be in duplicate, one copy
whereof shall be delivered 70 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 WI.
Each government shall pay Us own
! agent, and provide for the proper
! remuneration of the counsel en-
! ployed . By II and of the arbitrator
| appointed by il. and for the expense of pre-
| pairing and submitting its case TO the tribu-
! nal. All other expenses connected with
| the arbitration shall be betrayed by the TWO
governments in equal moieties.
ARII0LE *.
| 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 to fulfil any duty or
| duties as aforesaid, and does not award u
sum in gross, the high contracting parties
| agree that d 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 arbitrat0rs,
The board Of assessors shall be corsti-
tinted as follows One member thereof snail
! be named by the President of the United
| States, one member thereof shall be
named by Her Britannia Majesty; and one
| member thereof shall be named by the
| representative at Washington Of His Majesty
the King of Italy; and in case Of a 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-
tiOns 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 q solemn declaration that
! they viii impartiaIly and carefully examine
| and decide to the best Of their Judgment
| and according to Justice and equity, all mat
| tiers submitted to them, and shall forth
| with proceed, under such rules and regula-
| ti0ns as they may prescribe, to the inYesti-
| cation of the claims which shall be presented
| to them by the government of the United
| States, and shall examine and decide
| upon them in such order and manner as
| they may think proper, but upon such evil
! dence or information only as shall be fur
nished by or on behalf of the governments
of the United States and Of Great Britain,
respectively. They shall be bound to hear
on each separate elaim if required, one per-
son on behalf of each government, as cOun-
sci or agent. A majority OF the assessors in
| each case shall be sufficient for a decision.
The decision OF each assessor shall be
given upon each claim in writing, and shall
be signed by them respectively and dated.
Each claim shall be presented to the as
| SCISSORS within six months from the day OF
their first meeting, but they may, for good
cause shown, extend the time for the pre-
sentatiOn of any claim to further period,
not exceeding three months.
The assessors shall report to each govern
! ment at or before the expiration of one year
from the date of their first meeting the
amount of claims decided by them up To the
date Of such report; if further claims then
| remain undecided, they shall make "a further
report at or before the expiration of two
years from the date of such first meeting;
and In case any claims remain undetermined
at that time. they shall make a final report
within further period of SIX months.
The report or reports shall be made in
duplicate, and one copy thereof shall be de-
lTered to the Secretary of State of the
United States, and one copy thereof to the
representative of Her Britannia Majesty at
Washington.
All sums of money which may be awarded
under this article shall be Dayable at Wash