New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-17

| following three rules, which are agreed
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.
| A neutral government is bound
| First, to use due diligence to prevent the
| fitting out, arming, or equipping, within Its
| 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 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 warllke
| use
| Secondly, not to permit or suffer either
| belligerent 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, 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 Britannia Majesty has commanded
| her high commissioners and plenipotentla-
|
ment can not assent to 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 Majesty'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
| 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
| edge of other maritime powers, and to in
vite them to 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 arbitrator 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-
fact as to each of the said vessels. In 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
ment of the United States at Washington,
within twelve months after the date of the
award.
The award shall be in duplicate, one copy
whereof shall be delivered TO 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.
Each government shall pay its own
agent, and provide for the proper
remuneration of the counsel en-
ployed by it and of the arbitrator
appointed by it, and for the expense of pre-
pairing and submitting its case to the tribu-
nal. All other expenses connected with
the ALTERATION shall be betrayed by the two
governments in equal moieties.
ARTICLE TX.
The arbitrator shall keep an accurate
record OF their proceedings, and NAV ap-
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 a
sum in gross, the high contracting parties
agree that board of assessors shall be APP
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 arbitrator.
The board of assessors shall be eOnsti-
tuted as follows: One member thereof shall
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 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 a solemn declaration that
they will impartially 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-
lions as they may prescribe, to the investi-
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 claim, 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 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 final report
within further period of six months !
The report or reports shall be made in |
duplicate, and one copy thereof shall be de- |
livered to the Secretary of State of the |
United States, and one copy thereof to the |
of Her Britannia Majesty at |
Washington.
All sums of money which may be awarded |
under this article shall be payable at Wash