Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-05-17


High Commissioners and Plenipotentiaries
to express, in friendly spirit, the regret
felt by Her Majesty government for the es-
cape, under whatever circumstances, OF the
Alabama and other vessels from British
ports, and for the depredations committed
by those vessels
TRIBUNAL or ARBITRATION.
Now, in order to remove and adjust all COM
plants and claims the part of the United
States, and to provide for the speedy settle
ment ofsuch claims which are not admitted
by Her Britannia Majestys government, the
high contracting parties agree that all the
said claims growing out of acts committed
by the aforesaid vessels, and generally known
as the Alabama claims, shall be referred To
tribunal of arbitration 70 be composed Of
five arbitratO-s, to be appointed in the fol-
lowing manner, that Is TO say The first
shall be named by the President of the Uni
ted States, on shall lie named by Her Bri-
fannie Majesty, His Majesty the King of ltaiy
shall be requested to name one, the Presl dent
Of the Swiss Confederation shall be requested
to name one, and Ills Majesty the Emperor
of Brazil shall be requested to name one.
In case of death, absence or lncapaclty to
serve of either Of the said arbitrator, omit
ting, or declining, or ceaslng to act as such,
the President OF the United States, or Her
Britannia Majesty, or His Majesty the King
OF Italy, or the President of the Swiss Con
federation, or HIS Majesty the Emperor Of
Brazil, as the case may be. may forthwith
name another person TO act as arbitrator in
the place and stead Of the arbitrator original
~ named by such head of state; and in the
event of refusal or omission, for two months
after the receipt of the refusal, from either
of the high contracting parties, Of His Ma
jesty the King OF Italy, or the President OF
the Swiss Confederation, OF His Majesty the
Emperor Of BAIL. u name an arbitrator,
either TO fill the original appointment, or IN
place of one who may died, be absent, inca
pacitated, or who may omit, decline, or IRON
any cause cease to act as such arbitrator,
His Majesty the King of Sweden and Nor
way shall be requested TO name one or more
persons, as the case may be, to act as such
arbitratOrs.
PROCEEDINGS OF rHE TRIBUNAL.
/ ART. , The arbItr4tJrs shall meet at
| Geneva, in Switzerland. at the earliest day
convenient after they shall have been named,
and shall proceed imparsially and carefully
TO examine and decide all questions that
/ shall be land before them On the part Of the
/ governments Of the United states and Her
/ Britannia Majesty res pectlvely. All questions
considered BY the tribunal, including the
/ final award shall be decide bv majority Of
!
contracting parties shall also name one per-
son to attend the tribunal It's agent to
represent It generally in all matters connect
/ ed with the arbitration.
/ ART. 3. The written or printed case Of each
/ Of the two parties. accompanied by the dUcu
ments, the official cores pOndence. and other
evidence on which each relies, shall be de-
livered in duplicate to each Of the arbtrators,
and to agent OF the other party as soon
hrea -sgqrs ~ ~
bunaI, but within period not exceeding SIX
months from date OF the exchange OF the
ratification of the Treaty.
ART. +. Within four months after the
delivery en- both side OF the written or print
ed case, either party may, in Ike manner,
/ deliver IN duplicate 70 each of the said arb
traitors, AMI 70 the agent OF the other party,
4 counter case. and additional doucmenJs,
cores Ondence, and evidence - presented
by the other party. The arbitratOrs may,
however, extend the time for delivering such
counter case. documents, correspondence.
and evidence, when, in their Judgment, it
becomes necessary. In consequence of the
distance OF the place rom which the evidence
u be presented Is To be procured, II, IN the
case submitted. any report or document IN
the exclusive possession of either party be
omlttei, such party shall be bound. II the
other party thinks proper u Apply for II, 10
furnish that party with copy thereof, and
either party may call upon the other
through the lrbItrators, 10 produce the orig
NAL or certified copies OF any papers adduc-
ed as evidence, giving IN clch instance such
redsOnab bic notice a the arbItratOrs NAV re
quire-
Arr. :. 1t shall be the duty Of the agent
Of each party, within two m nths OF the ex-
plratiOn OF the time limited tor the delivery
of the counter case on both sides, % deliver
in duplicate To each OF the SAID arbltraturs
and 10 the agent Of the other party, "a writ
ten or printed argument. showing the points
and referring to tho evidence upon which
his government relics and the arbitrators
may, it they desire further eiucdation with
regard to any point, require q written or
printed statement or argument, or oral ar
gument by council upon il. But IN such
care the Other party shall be entitled to re-
ply either orally or IN writing, a the case
may be.
RULES OF PUBLIC Law.
ART. q. In deciding the matters submit
ted to the arbtrators, they shall be governed
/ by the following three rules To b taken as
applicable to the cas-, and by such princi
pies of international law not inconsistent
Herewith as the arbitrators shall determine
to have been applicable to the case
RCLEs-A neutral government Is bound
Flrst-Io use diligence TO prevent the fitting out,
armng equippuE, within ITS iut I-tlictiou OF any
vessel Is ch II has reasonable ground To believe l.
intended 10 cruise or 10 carry on war against a pow
er with which il Is at peace, and also 10 u.s. like
,licIlon of anv vessel intended 10 .il. . .ry a.,
war as above, such vessel having been specially
adapted, IN whole or IN prt,wIhIn such jurisdiction
10 warllkc use
Secondly-Not to permit or sun,r either selligcr-
ent to make use OF Its ports waters as the ha
OF naval operations against the other or for the
( purpose Of the renewal or augmentation Of mill
tiry supplies or arms, or the recruitment OF mes.
/ Tmrdly-To exercise due diligence m it, own
ports and waters, and To all persons within
jurisdiction, 10 prevent any violation of the fore
going obligations and duties.
/ Her BrItaunic N aJesty mas commanded her
/ High Commissioners and Plenipotentiaries
To declare that Der Majestvs government
cannot assent 70 the foregoing rules, as a
statement OF principle of international law
which were IN force a. the time when the
claims mentioned in Article l arose, but that
Her Britannic Majesty government, in order
to eyince it's desire of strengthening the
/ friendly relations between the two countries
and OF making satisfactory provision for the
/ future, agrees that, in deciding the questions
between the two countries arising out of
/ these claims, the arbItrators should assume
that Her Majesty's government had under
| taken to act upon the principles set forth in
| these rules, and the High contracting parties
/ agree to observe these rules between them
selves in future, and to bring them to the
knowledge OF other maritime powers, and 10
invite them to accede to them
We have thus far given the full text OF the
proposed Treaty, and from it our readers will
fully understand the basis of and reasons for
the action Of the High Commission. The
remaining portions Of this quite lengthy docu-
ment, so far as they relate to the Alabama
Claims, are simply details by which the arbi-
traitors and both Governments are IN he ,,uid -