New Orleans Republican., 1871-09-16

1 rules to be taken - applicable TO the cas-
and by such principles of international la
not inconsistent Herewith as the arbitrat0,
shall determine to have been applicable
| the case.
A neutral government is bound
First, to use due diligence to prevent III
fitting out, arming, or equipping. within i,
jurisdiction, OF any vessel which it has re,
| sonable ground to believe is intended I
cruise or carry on war against q power wit
which 1t is at peace; and also to use lik
diligence to prevent the departure from i,
jurisdiction of any vessel intended to cruis
or carry on war as above, such vessel ha,
ing been specially adapted, in whole or i
part, within such jurisdiction, to wsrlik
use.
Secondly, not to permit or suffer eithe
bctllgerent to make use of its ports O
waters as the base Of naval operation
against the other, or for the purpose of tn
renewal or augmentation of military sur
plies or arms, or the recruitment of wen. :
Thirdly, to exercise due diligence in it
own ports and waters, and, as to all pei
sons within its jurisdiction, to prevent an,
violation Of the foregoing obligations an,
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 rule
as statement Of principles of internationa
law which were in force at the time when til,
claims mentioned in Article I arose, bu
that Her Majesty's government, in ordel
to evince it's desire OF strengthening thu
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 arisins
out Of those claims, the arbitratvrs should
assume that Her Majesty's government had
undertaken to act upon the principles sci
forth IN these rules.
And the high contracting parties agree to
observe these rules as between themsel Ives
in future, and to bring them to the knowl
edge Of other maritime powers, and to in
vite them to accede to them.
ARTICLE WI.
The decision Of the tribunal shall if DOS.
slble, 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 a.
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-
ent 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-
said, it may. if it think proper, proceed to
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 80 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
of the counsel en-
oloyed by it and of the arbitrator
appointed by it, and for the expense OF pre-
,aring and submitting its case to the tribu-
lal. AL other expenses connected with
he abitration shall be betrayed by the two
in equal moieties.
ARTICLE TX.
The arb;traters shall keep an accurate
ecOrd of their proceedings, and may ap-
'oint and employ the necessary officers to
'ssist them.
ARTICLE <.
In case the tribunal finds that Great
Britain has failed to fulfil any duty or
luties as aforesaid. and does not award a
um in gross, the high contracting parties
gree that board Of assessors shall be ap-
Ointed to ascertain and determine what
laims are valid, and what amount or
mounts shall be paid by Great Britain to
he United States on account Of the liability |
rising from such failure, as to each vessel. |
ccording to the extent Of such liability as |
ecided BY the arbitrators.
The board OF assessors shall be cOnsti-
nted as follows: One member thereof shall |
e named by the President of the United |
tates. one member thereof shall be
amed By Her Britannia Majesty; and one |
lember Thereof shall be named by the |
representative at Washington of His Majesty
ae King OF Italy: and in case Of a vacancy
appenng from any cause, it shall be filled
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
ler sittlngs there, or in New York. or in |
Oston. The members thereof shall sever
lly subscribe solemn declaration that
icy will impartially and carefully examine
1d decide to the best of their judgment
ad according to Justice and equity, all mat
RS submitted to them. and shall forth
ith proceed, under such rules and regular
ons as they may prescribe, to the investi-
ation OF the claims which shall be presented
them by the government of the United
tates. and shall examine and decide |
DOn them IN such order and manner a.
ey may think proper, but upon such evil
.nce or information only as shall be fur.
shed 6y or on behalf Of the governments
the United States and of Great Britain,
spectlvely. They shall be bound to hear
each separate claim, if required, one per.
n on behalf OF each government, as cOun-
l or agent. A majority of the assessors in
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
cir hrst meeting, but they may, for good
use shown, extend the time for the pre-
ntatlon OF any claim to further period.
t exceeding three months.
The assessors shall report to each govern
ent at or before the expiration Of one year
,m the date OF their first meeting the
lount OF claims decided by them up to the
te OF such report; if further claims then !
main undecided, they shall make a further
port at or before the expiration of two
ars from the date of such first meeting:
d in case any claims remain undetermined
that time. they shall make final report
thin further period of six months.
The report or reports shall be made in
plicate, and one copy thereof shall be de-
cred to the Secretary of State of the
llted States, and one copy thereof to the
ashingtOn.
All sums of money which may be awarded
der this article shall be payable at Wash
ton, in coin, within twelve months after
, delivery Of each report. II