New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-29

following three rules, which are agreed
upon by the high contracting parties al
rules to be taken as applicable to the case
ana ~ such principles Of international law
not inconsistent Herewith as the arbitratore
shall determine to have been applicable to
| the case.
A neutral government is bound
First, 70 use due diligence to prevent the
lifting out, arming, or eqripPing. within its
0JeSa0n, =0f my vegDof Winch - h0g fea-
sOnable ground to believe is intended to
cruise OF 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 hav-
part, within such jurisdiction, to warlike
use.
Secondly, mot to permit or suffer either
belllgerent 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 the recruitment Of Wen.
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 Majesty's govern
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
thad Her Majestys 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 tie TWO countries arising
out OF those claims, the arbitrators should
assume that Her Majestys government had
undertaken to act upon the principles set
forth in these rules
And tie high 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 10 in
vlte them to accede to them.
ARTICLE VII.
The decision of the tribunal shall, if pos.
slble, be made within three months from
the close of the argument on both sides.
1t shall be made in writing and dated,
anu shall be signed by the arbitrators WHO
may assent to it.
The said tribunal shall first determine az
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 bv the
principles OF international law not incon sist.
ent with such rules. and shall certify such
fact as to each of the said vessels. In case
the tribunal lind 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
lnent Of the United States at Washington,
within twelve months after the date OF the
award.
The award shall he in duplicate. one copy
shall be delivered to the agent Of |
the United States for his government, and
the other copy shall he delivered to the
agent of Great Britain for his govern
nent.
ARTICLE VIII.
agent, and provide for the proper
Of the counsel en-
'loyed by it and of the arbitrator
by it, and for the expense Of pre-
'aring and submitting its case to the tribu-
lal. All other expenses connected with
he arbitration shall be betrayed by the two
governments IN equal moieties.
ARTICLE IN.
The arbitrators shall keep an accurate
ecOrd OF their proceedings, and may APP
Joint and employ the necessary officers to
ssist them.
ARTICLE !.
In case the tribunal finds that Great
Britain has failed TO fulfil any duty or
uties as aforesaid. and does not award
um in gross. the high contracting parties
gree that a board OF assessors shall be ap-
'ointed to ascertain and determine what
Il ,1.A
mounts shall be paid by Great Britain to
he Uaited States on account OF the liability
rising from snch failure. as to each vessel,
ccOrdlng to the extent of such liability as
ecided by the arOitratOrs.
The board OF assessors shall be cOnSti-
uted as follows: One member thereof shall
q named by the President of the United
tates. one member thereof shall be
AIMED By Her Britannia Majesty: and one
iember thereof shall be named by the
representative at Washington of His Majesty
he Hing OF Italy: and in case OF vacancy
appening from any cause, it shall be filed
l the same manner in which the original
ppOintment was made.
AS soon as possible after such nomina-
ons the board OF assessors shall be organ
ed in Washington, with power to hold
leir sittings there. or in New York. or in
OstOn. Ihe members thereof shall sever
lily subscribe solemn declaration that
ley will impartially and carefully examine
nd decide. to the best of their Judgment
nd according to justice and equity, all mat
,rs submitted to them. and shall forth
18th proceed. under such rules and regular
Ons as they may prescribe, to the investi-
alton of the claims which shall be presented
} them w the government Of the United
tates, and shall examine and decide
pom them IN such order and manner as !
icy may think proper, but upon such evil
ence or information only as shall be fur
shed BY or on behalf of the governments
the United States and of Great Britain,
'spectively. They shall be bound to hear
4 each separate claim, if required, one per-
i or agent. A majority of the assessors in
'ch case shall be sufficient for decision. +.
The decision OF each assessor shall be
ven upon each claim in writing, and shall
, signed by them respectively and dated.
Each claim shall be presented to the as
ssOrs within six months from the day of
eir first meeting, but they may, for good
Iuse shown, extend the time for the pre-
ntatiOn OF any claim to further period,
1t exceeding three months.
The assessors shall report to each govern
ent at or before the expiration of one year
ON the date of their first meeting the
houAC Va o!"iiAS ueclueu ny tneln up 10 the
tie of such report: it further claims then
main undecided, they shall make further
port at or before the expiration Of two
,ars from the date Of such first meeting; !
ID in case any claims remain undetermined
that time. they shall make a final report
thin a further period of six months.
The report or reports shall he made in
lplicate, and one copy thereof shall he de-
erred to the Secretary of State of the
nired States, and one copy thereof to the I
preventative OF Hex Britannia Majesty at I
ashingtOn.
Al sums OF money which may he awarded