New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-11
THE TREATY of WASHINGTON
FIJI. TENT OF THE DOCUMENT.


CHOSEN, RESPECTIVELY, BY ITALY, sWlrzER-
LAND AND BRAZIL.
icy TELEGRAPH TO TUE TRlBuNEl
u.s,,r,o7oN MAY 1o-The following is the text
Of the Treaty of Washington;
ARTTc1E1. Whereas differences have arisen between
The Government OF the United States ana Tue "oN-
eminent Of Her Britannia Majesty, ana SUN exist
growing ont of the acts committed by the several
vessels which have given rise to the claims geher
ally known as the Alabama Claims, and whereas
Her Britannia Majesty has authorized her High Com
mlssoners and Plenipotentiaries to express, IN a
friendly spirit the regret felt by Her Majestys Gov
eminent for the escape, under whatever crcum-
stances of the Alabama and other vessels from BTU
ish ports and for the depredations committed py
those vessels: now in order to remove and ADJUST
all complaints and claims on the part OF the
United States and to provide for the speedy settle
ment of such claims which are not admitted oy her
Britannia Majestys Government, the high contract
ing 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 Arbitra-
ton, to he composed of five arbitrators to be APP
pointed in the following manner that is to say: The
first shall be named by the President of the United
States, one shall be named by Her Britannia
Majesty, His Majesty the King of Italy shall be
requested TO name one, the President of the Swiss
Confederation shall be requested TO name one, and
His Majesty the Emperor of Brazil shall be re-
ouested to name one In case of death, absence, or
incapacty to serve of either of the said arbitrators
OF in the event of either of the said arbitrator
emitting or declining or ceasing to act as such, the
President of the United States, or Her British
Majesty or His Majesty the King Of Italy, or the
President of the Swiss Confederation 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
originally named by such head of State and In the
event of refusal omission, for two months AFTER
the receipt of the refusal from either OF the high
contracting parties of his Majesty the King
the President of the Swiss Confederation OF his
Majesty the Emperor of Brazil to name an arbi-
traitor, either to fill the original appointment OF in
place of one who may have died. be absent incapac-
stated OF who may omit, decline, from any cause
cease act such arbitrator, his Majesty the King
of Sweden and Norway shall be requested to name
one or more persons the case may be- to act such
aIbitrators.
ART. 2. The arbitrator shall meet at Geneva, In
Switzerland at the earliest day convenient after
they shall have been named, and shall proceed I'M
partially and carefully TO examine and decide all
questions that shall be laid before them on the part
Of the Governments of the United States and Her
Britannia Majesty respectively. All questions con-
sidered by the Tribunal including the final award,
shell be decided by majority of all the aIbtrators
Each Of all of the high contracting parties shall also
name one person TO attend the Tribunal as its agent
TO represent it generally in all matters connected
with the arbitration.
ART. 8. The written or printed case of each OF the
two parties accompanied by the documents, the Of
fetal correspondence, and other evidence on which
each relies shall be delivered in duplicate to each
of tn, arbitrators, and to the agent of the other
party as soon as may be after the organization of the
Tribunal, but within period not exceeding SIX
months from the date of the exchange Of tie ratl-
cation of the Treaty.
ART T. Within four months after the delivery on
both sides of the written printed case either party
NAV, in like manner deliver in duplicate TO each OF
the said arbtrators and TO the agent OF the other
party, a counter case, and additional documents
correspondence, and evidence, presented by the
other party. The arbitrators may however, extend
the time for delivering such counter case, docu-
ments correspondence and evidence, when, in their
judgment it becomes necessary. In consequence
of the distance of the place from which
the evidence to be presented is to be
procured it, in the case submitted, any report or
document in the exclusive possession CT any party
lie omitted such party shall be bound, if the other
party thinks proper to apply for it, TO furnish that
party with copy thereof, and either party may call
upon the other through the aTDltTatOrS, TO produce
the original or certified copies of any papers adduced
As evidence giving in each instance such reasonable
notice as the arbitatOrs may require.
ART g. Ii shall be the duty of the agent of each
partv within two months of the expiration of the
time limited for the delivery of the counter on
both SIDES to deliver in duplicate 10 each of the said
srbitrators and TO the agent of the other party,
written OF printed argument, showing the points
and referring to the evidence upon which his Gov
eminent relies and the arbitrator may they de-
sire further ecdatiOn with regard TO any point re-
quire q written OF printed statement or argument, or
oral argument by counsel upon it, But in such case
the other party shall be entitled to reply, either
orally OF in writing as the case may be.
ART G. In deciding the matters submitted to the
arbitrator, they shall be governed by the following
three rules TO be taken applicable to the case ana
bv such principles Of international law not incon-
sistent herewith the arbtrators shall determine
70 have been applicable to The case
RutEs-A neutral Government is bound-Frst: To use
due diligence prevent the fitting out, arming or equip
ne within it's jurisdiction, OF any vessel which It has
reasonable ground believe is intended TO cruise or to
carry on war against Power with which
n is at peace, and also to like
diligence TO prevent che departure from its
jurisdiction OF any vessel intended 10 cruise
war a. above such vessel having been specially adapted
m whole or part, within such jurisdiction 10 warke
use Geondly Not 10 permit suffer either belgerent
20 make use ports or waters as the base Of naval
operations against the other or for the purpose OF the
renewal or augmentation OF military supplies
81 the recruitment Of men. Thirdiy: To exercise due
diligence III IT, ports and waters, and as to all per
sons within it's jurisdiction 10 prevent any violation OF
tbe foregoing obligations and duties.
Uor Hrit,,ric Majesty has commanded her HIGH