New Orleans Republican., 1871-09-15

rules " w taken as applicable to the case
and by such principles Of International Law
f shall determine to have been applicable t,
, the case.
: A neutral government is bound
. FIRST, 10 use due diligence to prevent tht
, nttins out, armmg, or equipping, within it,
jurisdiction, OF any vessel which it has rea
sonable ground to believe is intended t.
cruise or carry on war against power will
which 1t is at peace; and also to use like
dlhgence 10 prevent the departure from its
jurisdiction OF any vessel intended 70 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
Deulgerent 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 sun.
Plies or arms, OF the recruitment of men.
Ihlrdly, 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-
rles to declare that Her Majesty's govern
ment can not assent to the foregoing rules
as statement Of principles of international
law which We're in force at the time when the
claims mentioned in Article / arose. but
| that her Majestys government, in order
to evlnce its desire of strengthening the
friendly relations between the two coun-
tries and OF making satisfactory provision
| Tor the 1uture, agrees that in deciding the
| questions between the two countries arising
out Of those claims, the arbitrators should
assume that Her Majestv's government had
undertaken to act upon the principles set
forth i'll these rules.
AND the nigh contracting parties agree to
| observe these rules as between themselves
III future, and TO bring them to the knowl.
edge OF other maritime powers, and TO in-
| vlte them to accede to them.
! ARTICLE VII
| The decision Of the tribunal shall. if nos.
slsle, he 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 tulnil any Of the duties set forth iu the
foregoing three rules OF recognized by the
principles OF International law H.. incon>;st-
ent with such rules, and shall certify such
fact as to each of the said vessels In case
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 al! claims
referred to it; and in such case the gross
sum SO awarded shall be paid i'll 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 duplica ,, one copy
whereof shall be delivered to the agent OF
tie United States for his government. ard
the other copy shall be delivered to the
agent of Great Britain for Ills govern
melt.
Each goye>2ment shall pay its own
agent, and P>ovide for the proper
remuneration rem OF the counsel EN-
appointed 10y it, and for the expense of pre-
pairing and submitting its case to the tribu-
nal. All other expenses connected with
the abitration shall be detraved by the two
governments In equal moieties.
ARTICLE IN.
The arbitrators shall keep an accurate |
record OF their proceedings, and may APP |,
point and employ the necessary officers to |
assist them.
ARTICLE X
In case the tribunal finds that Great
Britain has failed to fulfil any duty or
duties as aforesaid. and does not award a
sum IN gross. the high contracting parties
agree that board of assessors shall be ap-
pointed to ascertain and determine what
claims are valid, and what amount or
amounts shall De 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 arbitrators.
The board of assessors shall be cons-i-
tuted as follows: One member thereof shall
be named by the President of the United
States; one member thereof shall be
named b; Her Britannia Majesty; and one
member thereof shall be named bv the
at Washington of His Majesty
the King OF Italy; and i'll case of a vacancy
happening from any cause. it shall he tiled
IN the same manner IN which the original
appointment was made.
AS soon as possible after such nomira-
tons the board Of assessors shall be organ
lzed in Washington, with power to hold
their sittings there, or in New York, or in
Boston. The members thereof shall sever
ally subscribe a solemn declaration that
they will impartiaNy and carefully examine
and decide, to the best Of their Judgment
and according to justice and equity, all mat
teIs submitted to them. and shall forth
With proceed. under such rules and regular
ions as they may prescribe. to the investi-
cation of the claims which shall be presented
% them by the government of the United
States, and shall examine and decide
upon them in such order and manner as
hey may think proper. but upon such evi-
!ence or information onl " az shall be fur.
lished by or on behalf Of the governments
# the United States and Of Great Britain.
( tspectively. They Shall be bound to hear
N each separate claim if required, one per-
"n on behalf of each government, as counr
el or agent. A majority of the assessors in
'ach case shall be sufficient for a decision. |
The decision of eachvassessor shall be
,iven upon each claim in writing, and shall
re signed by them respectively and dated.
Each claim shall be presented to the as
essorS within six months from the Gay of !
heir first meeting, but they NAV, for good
ause shown, extend the time for the pre-
entation Of any claim to further period.
ot exceeding three months.
The assessors shall report to each govern
nent at or before the expiration of one year
rom the date OF their first meeting the
mount of claims decided by them up to the !
ate of such report; if further claims then {
emain undecided, they shall make a further
eport at or before the expiration of two !
ears from the date of such first meeting: I
nd in case any claims remain undetermined | {
t that time, they shall make final report {
;ithin q further period of six months.
The report or reports shall be made in
uplicate, and one copy thereof shall be de-
vered to the Secretary of State of the y
nited States, and one copy thereof to the ! I
representative of Her Britannia Majesty at t
Washington. L
All sums of money which may he awarded |
nder this article shall be payable at Wash- q
lgtOn, in coin, within twelve months after | I