New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-22

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 te
the case.
neutral government is bound
First, to use due diligence to prevent the
htnng out, arming, or equlpplng, within Its
jurisdiction, Of any vessel which it has rea
sOnable ground to believe is intended to
which 1t 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
bell'gerent 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
plies or arms, OF rhe 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 toIesoin. obligations and
duties.
Her Britannia Majesty has commanded
her high commissioners and plenipotentia-
ries to declare that Her Maiestys govern
Ment can not assent 10 the foregoing rules
as a statement of principles of international
law which We're IN force at the time when the
claims mentioned in Article l arose. bur
that her Majestys government, IN order
TO evlnce its desire Ut strengthening 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 Maje>tys government had
undertaken 10 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 tie knowl-
edge OF other maritime powers, and 20 ill.,
vlte them TO accede to them.
ARTICLE VII.
The decision of the tribunal shall. if pos.
slble, he made within three months from
| the close OF the argument on both sides.
1t shall be made i'll writing and dated.
| and shall be signed by the arbitrator who
| may assent to il.
| 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 inconsisr-
ent with such rules, and SHALL certify such
fact as to each Of the said vessels. In case
the tribunal find that Great Britain mas
failed to fulfill any duty or duties as afore-
said, it may, if it think proper. proceed 70
award sum in gross TO be pad by Great
Britain to the United States for all claims
referred to il: and in such case the gross
sum SO awarded shall be paid in coin by the
government of Great Britain 70 the govern
ment Of the United States at Washington.
within twelve months after the date OF the
award.
ovA l,.1l h., i,
whereof shall be delivered ~ the agent OF
the United States for his government. and
the other copy shall lie delivered 10 the
agent Of Great Britain for us govern
ment.
ARTICLE VIII.
Each government shall pay lis own
agent and provide TOR the proper
remuneration OF the counsel EN-
ployed by it and O, the arbitrator
appointed toy IT, and for the expense of PIE
pannS and submitting It's case 10 the tritu- |
nal. All Other expenses connected with !
the ALTERATION shall oe deirayeI by the two |
governments Ill equal lnoetles.
ARTICLE TX.
The arbitraters shall keep an accurate
record OF their proceedings. and NAV ap-
point and employ the necessary officers 70
assist them.
In case the tribunal finds that Great
Britain Las failed to fulfil any du-v or
duties as aforesaid. and does not award
sum in gross, the high contracting parties
agree that d board III assessors shall be ap-
pointed 70 ascertain and determine VIVA:
claims are valid. and what amount or
amounts shall be pad 10y Great Britain 10
the United States on account OF the liability
arising from such failure, as To each vessel.
according to the extent OF such liability a,
decided by the aicitrators.
he board 81 assessor. shall be consti-
.uted as follows: one member thereof shall
be named by the President Of the Cnite,
named by Her Britannia Majesty: and one
member thereof shall be named ty the
representative at Washington Of H, Majesty
he hlng Of Italy: and III case of a vacancy
from an.y cause. II shall be tiled
Ii the same manner in which the original
appointment was made.
As soon as possible after such nomina-
ions the board OF a>>e>Svr> shall be organ
zed III Washington. with power 70 hold
heir sittln-s there. or i'll New York o. in
Boston. The members thereof shall sever
lilly subscribe a solemn declaration that
hey VIII impartianv and carefully examine
md decide To tie best of their Judgment
md according to justice and equity. al mat
eIs submitted /" them. and shall forth
With proceed. under such rules and regular I
IONS as they NAY prescribe. to the inytsti-
,ation Of the claims which shall b, presented l
o them oy the government OF the United
'tateS. and shall examine and decide
Pon them IL such older and manner As
hey may think proper but upon such evil .
ence or information only as shall be 1ur-
ished ny or on behalf of the governments :
the United States and Of Great Britain. [
They Shall be bound TO hear {
each separate claim. ii required. one per e
on on behalf OF each government. as conn II
Il or agent. \ majority of tue assessors in L
ac c case shall he sufficient for decision. !
he decision of each assessor shall be ;
wen upon each claim i'll writing. and shall :
t signed by them respectively and dated. :,
Each claim snail be presented 10 the as II
'ssors within six months from the day OF
lelr first meeting, but they NAV, for good
'use shown. extend the time for the pre- u
htafion OF any CAIN 10 a further period Il
u exceeding three months.
The assessors shall report 70 each govern u
ent at or before the expiration of one wear U
ON the date OF their first meeting the G,
mount OF claims decided by them up to the q
tie OF such report: il further claims then a.
main undecided. they shall make further 81
port at or before the expiration of two II
airs from the date of such first meeting: Il
h IN case any Claims remain undetermined VI
that time. they shall make final report &C
thin further period OF SIX months. al
The report or reports shall he made in pl
pllcate, and one copy thereof shall he de- -
cred to the Secretary Of State of the W
lIted states. and one copy thereof to the u
preventative OF Her Britannia Majesty 1t 10
ashing,On. LII
All SUMS OF money which may he awarded 81
der this article shall be payable at Wash- uf