New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-10

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 tt
the case.
A neutral government is bound
First, to use due diligence to prevent the
lifting out, arming, OF equipping, within its
jurisdiction, of any vessel which it has rea
sonable ground to believe is intensed t6
cruise or carry on war against a 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 hay
ing been specially adapted, in whole or in
part, within such jurisdiction, to warlike
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 plenipotentia-
ries to declare that Her Majestys govern
as statement of principles of international
law which were in force at the time when the
claims mentioned in Article / arose, but
that Her Majesty's government, in order
to evince its, desire of strengthening the
friendly relations between the two eoun-
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
i
undertaken to act upon the principles set
forth in these rules.
And tie 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 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-
mt with such rules, and shall certify such
sact as to each of the said vessels. In case
he tribunal find that Great Britain has
allied to fulfill any duty or duties as afore-
aid, 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
eferred to it; and in such case the gross
um so awarded shall be paid in coin by the |
government of Great Britain to the govern
nent of the United States at Washington,
within twelve months after the date of the |
ward.
The award shall be in duplicate. one copy |
thereof shall be delivered to the agent of |
he United States for his government, and |
he other copy shall be delivered to the |
gent of Great Britain for his govern |
tent.
ARTICLE VIII.
Each government shall pay its own
gent, and provide for the proper
enumeration Of the counsel en-
loyed hy it and of the arbitrator
ppointed by it, and for the expense of pre-
airing and submitting its case to the tribu-
al. All othsr expenses connected with
lie arbitration shall be betrayed by the two
Overnments IN equal moieties.
ARTICLE X.
The arbitrator shall keep an accurate
cord of their proceedings, and NAV ap-
pint and employ the necessary officers to
'sist them.
ARTICLE Y.
In case the tribunal finds that Great
rltain has failed TO fulfil any duty or
lilies as aforesaid, and does not award a |
I'm in gross, the high contracting parties
.ree that board of assessors shall be ap-
,lnted to ascertain and determine what
aims are valid, and what amount or
MOUNTS shall be paid by Great Britain to
@ United States on account of the liability
Using from such failure, as to each vessel, |
cordlng to the extent of such liability as |
cided by the arbitrators.
The board of assessors shall be consti-
ted as follows: One member thereof shall
named by the President of the United
ates, one member thereof shall be
med By Her Britannia Majesty; and one
ember thereof shall be named by the
at Washington Of His Majesty
King OF Italy; and in case of a vacancy
opening from any cause, it shall be filled
the same manner in which the original
pointment was made.
As soon as possible after such nomina-
ms the board of assessors shall be organ
ID in Washington, with power to hold
cir slttlngs there, or in New York. or in
stOn. The members thereof shall sever I
y subscribe a solemn declaration that 4 e
y l
d decide, to the best of their Judgment
d according to justice and equity, all mat !
s submitted to them, and shall forth 1
til proceed, under such rules and regula- Q
MS as they may prescribe, to the investi- 7
Ilon OF the claims which shall be presented Il
them by the government of the United s
ties, and shall examine and decide
on them in such order and manner as
y may think proper, but upon such evil G
ace or information only as shall be FUR q
he'd by or on behalf of the governments $
the United States and of Great Britain, t
pecuvely. They shall be bound to hear e
each separate claim, if required, one per. e
on behalf of each government, as c0un- n
or agent. A majority of the assessors in II
n case shall be sufficient for decision. | u
he decision of each assessor shall be 81
en- upon each claim in writing, and shall 81
signed by them respectively and dated. s.
Zach claim shall be presented to the as II
sors within six months from the day of
Ii first meeting, but they may, for good
se shown, extend the time for the pre- ii
tatlon OF any claim to further period, tt
exceeding three months. v
he assessors shall report to each govern G
at at or before the expiration of one year tV
~ the date of their first meeting the CT
CUNT OF claims decided by them up to the IL
OF such report: if further claims then d.
IAN undecided, they shall make further 81
ort at or before the expiration of two II
rs from the date of such first meeting: te
In case any claims remain undetermined OF
hat time. they shall make a final report &C
hin further period of six months. al
he report or reports shall be made in | pl
licate, and one copy thereof shall be de- b
red to the Secretary of State of the W
ted States, and one copy thereof to the til
resentative of Her Britannia Majesty at to
shington. m
Ii sums OF money which may be awarded sh
er this article shall be payable at Wash da
ON, In coin, within twelve months after tn
delivery of each report. tn