New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-05

| ana Dy 6ucn principles 81 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 equipplng, within its
jurisdiction, of any vessel which it has rea-
sonable ground to believe is intended to
cruise or carry on war against power with
i which it is at peace; and also to use dixie
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
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 orsarms, 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
| ment can not assent to the foregoing rules
| as statement of principles of international
| law which wSre 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 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 arbitrators should
assume that Her Majesty's government had
undertaken to act upon the principles set
| forth in these rules.
1 A. ~ l.. I'll
! 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-
emit with such rules, and shall certify such
| 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.
| sdiu, uidJf IL III pTOpcI. pTOcctu u
award 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.
ARTICLE VIII
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 arbitration shall be betrayed by the two
governments in equal moieties.
ARTICLE TX.
The arbitrator shall keep an accurate
record of their proceedings, and may ap-
point and employ the necessary officers 10
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 |
sum in gross, the high contracting parties !
agree that a 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 arbitrators.
The board of assessors shall be consti- |
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 a 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- |
lions 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 I
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 reghla-
tlons 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 eyi-
dence or information only as shall be FUR
nished by or on behalf of bhe 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 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 tromsthe day of
their first meeting, but they may for good
cause shown, extend the time for the pre-
seRtation 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 wear
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 a 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
ngtOn, In coin, within twelve months after |
The delivery of each report.
&c | .