New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-04

so,,ov;nv three rules. which are agreed
mon by. the high contracting partles az
rules % be taken as applicable to the case,
and bv SUCH principles Of international Law
not inconsistent Herewith as the arbItrators
shall determine to have been appncaoie 70
the case,
First, to use due diligence to prevens tne
fitting out. arming, or equipping, within lps
;nrisdiefion. of any vessel which it has rea-
sonable ground to believe Is intended to
cruise or carry on war against q power with
which It is at peace; and also to use IKE
diligence to prevent the departure from IT'S
iurisdiction Of any vessel intended to cruise
OF carry on wal as above, such vessel hav-
been specially adapted. in whole orIn
part, within such Jurisdiction, to wariike
Secondly, not to permit or suffer either
beIIigerent 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
niles 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 hiob commissioners and plenipotentia-
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 were in force atthe time when the
claims mentioned in Article l arose, but
that Her Maiesty's 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
- %Ia fvzn oarInfrlQG Qrll1nO
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 10
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
sikle. 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 whit
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 inconslst
emit with such rules, and shall certify sucf
fact as to each of the said vessels. In CASE
the tribunal find that Great Britain ha;
failed to fulfill any duty or duties as atore
said, it may, if it think proper, proceed tt
| award a sum in gross to be paid by Grea'
Britain to the United States for all claims
| referred to it; and in such case the gros;
| 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 tn
award.
The award shall be I'M duplicate, one cop,
| whereof shall be delivered to the agent o
the United States for his government, ant
the other copy shall be delivered to tn
| agent of Great Britain for his govern
ment.
ARTICLE VIII.
Each government shall pay its owl
| agent, and provide for the prope
remuneration of the counsel EN-
| Moved by it and of the arbitrato
| appointed by it, and for the expense of pre-
pairing and submitting its case to the tribu
| nal. All other expenses connected witt
| the arbitration shall be betrayed by the tw'
governments in equal moietles.
ARTICLE TX.
The arbitrators shall keep an accurat
record of their proceedings, and may az
point and employ the necessary officers
assist them.
In case the tribunal finds that Grea
Britain has failed to fulfil any duty Q
duties as aforesaid, and does not award
sum in gross, the high contracting partie
agree that a board OF assessors shall be al
pointed to ascertain and determine VIII
laims are valid, and what amount G
kamounts shall be paid by Great Britain I
I the United States on account OF the llablht
arising from such failure, as to each vesse
according to the extent OF such liability q
decided BY the ~arbitrators.
The board of assessors shall be const
tuted as follows: One member thereof sha
be named by the President of the Unite
Estates, one member thereof shall
named BIZ Her Britannia Majesty; and on
member thereof shall be named by tt
representative at Washington Of His Majest
the King of Italy; and in case of a vaeanc
happening from any cause, 1T shall be lille
in the same manner in which the orlgln'
appointment was made.
AS soon as possible after such nomin
lions the board of assessors shall be orga
lied in Washington, with power to no
their sittings there, or in New York. or
Boston. The members thereof shall seve
aIly subscribe a solemn declaration tn
thew will impartially and carefully examiI
and decide, to the best of their judgmel
and according to justice and equity, all ma
tiers submitted to them, and shall fort
with proceed, under such rules and regul
tons as they may prescribe, to the inves
CATION of the claims which shall be presents
to them by the government of the Unit
States, and shall examine n deci'
upon them in such order and manner
they may think proper, but upon such g.
dence or information only as shall be II
nished by or on behalf of the government
of the United States and of Great Britai
respectively. They shall be bound to he
on each separate claim, if required, one pr
SON onbehalf of each government, as cOu
sci or agent. A majority of the assessors
each case shall be sufficient for a decisiO
The decision of each assessor shall
| given upon each claim in writing, and shi
be signed by them respectively and date
Each claim shall be presented to the
SCISSORS within six months from the day
: their first meeting, but they may, for 60
cause shown, extend the time for the p
sentation of any claim to a further periC
not exceeding three months.
: The assessors shall report to each govel
? ment at or before the expiration of one We
: from the date of their first meeting t
) aulOuul VI cldllus ucCiuOu Wy UnOAu up W I
. date of such report; if further claims tn
remain undecided, they shall make a furtf
report at or before the expiration of t
D years from the date of such first meetiI
and in case any claims remain undetermin
r at that time, they SHE'LL make a final rep
within a further perfSd of six months.
The report or reports shall be made
duplicate, and n copy thereof shall be
e livered to the Secretary of State. of
United States, and one copy thereof to
representative of Her Britannia Majesty
e Washington.
;, ALI ums o fmoney which may be award