New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-14
NEW ORLEANS REPUBLICAN, THURSDAY SEPTEMBER A. 1871

following three rules, which are agree,
upon Dy the high contracting parties a
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 t,
the case.
A neutral government is bound
First, to use due diligence to prevent tn
htunE out, arming, or equipping. within it
Jurisdiction. OF any vessel which it has rea
sonable ground to believe is intended II
cruise or carry on war against power will
which 1t is at peace; and also to use like
diligence to prevent the departure from it,
lurlsdlct'on OF any vessel intended to cruise
or carry on war as above, such vessel hav
ing been specially adapted. in whole or il
part, within such jurisdiction, to warlikt
use.
Secondly, not to permit or suffer either
Delhserent to make use OF its ports OF
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 men.
Thirdly, to exercise due diligence in it's
own ports and waters, and, as to all per
sons within it's jurisdiction, to prevent any
duties.
Her Britannia Majesty has commanded
her high commissioners and plenipOtentia-
rles to declare that Her Maiesty's govern
ment can not assent to the foregoing rules
as statement of principles OF international
law winch were in force at the time when the
claims mentioned in Article l arose. but
that Her Majesty's government. in order
to evlnce its desire OF Strengthening the
friendly relations between the two coun-
tries and OF making satisfactory provision
hat in ~l<,
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.
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
wife them to accede to them.
ARTICLE VII.
The decision Of the tribunal shall, if DOS.
sltie, he made within three months from
the close of the argument on both sides.
1t shall be made in writing and dated,
and shall he 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 ipcOnsist-
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. 1t may, if 1t think proper, proceed to
award sum in gross 70 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 tae 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 goternment shall pay its own
agent, AMI provide for the proper
of TIE 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 arbitrators shall keep an accurate |
record OF their proceedings, and may ap-
point and employ the necessary officers to
assist them.
ARTICLE x.
In case the tribunal finds that Great |
Britain has failed to fulfil any duty or
iuties 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
'lains are valid, and what amount or
amounts shall be paid by Great Britain to
he United States on account Of the liability
lrising from such failure. as to each vessel,
TO the extento of such liability as
decided by the arbitrator.
The board OF assessors shall be conSti-
uted as follows: One member thereof shall
re named by the President of the United
'tates. one member thereof shall be
famed by Her Britannia Majesty: and one
member thereof shall be named by the |
representative at Washington of His Majesty
he King of Italy; and in case of vacancy
from any cause, it shall be filled
d the same manner in which the original
ppOintment was made.
As soon as possible after such nomina-
ions the board Of assessors shall be organ
.ed Ill Washington, with power TO hold
heir sittiDgs there, or in New York. or in |
lily subscribe solemn declaration that
hey will impartially and carefully examine
nd decide, to the best of their Judgment
nd according to justice and equity, all mat
ers 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 pl esented
} them by the government of the United
tates. and shall examine and decide
hnv in nelnu n,,I !
hey may think proper. but upon such evil
ence or information only as shall be 1ur-
lshed by or on behalf of the governments
t the United States and of Great Britain.
sspectively. They shall be bound to hear
n each separate claim, if required, one per
N on behalf OF each government, as coun-
Il or agent. A majority of the assessors in
tch case shall be sufficient for decision.
The decision OF each assessor shall be
wen upon each claim in writing, and shall
2 signed by them respectively and dated.
Each claim shall be presented to the as
ssors within six months from the Gav of
leir first meeting. but they may. for good
luse shown, extend the time for the pre-
ntatiOn of any claim to further period.
IT 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
mount OF claims decided by them up to the |
ate Of such report; if further claims then I
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 c
thin further period of six months. q
The report or reports shall be made in | !
lplcate, and one copy thereof shall he de-
7ered to the Secretary Of State of the '
nited States, and one copy thereof to the
preventative OF Her Britannia Majesty at t