New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-11

1 ASAAS ~.
| upon BY the high contracting parties as
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 TO
| the case.
! A neutral government is bound
| First, to use due diligence to prevent the
fitting out, arming, or equipping. 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
which it is at peace; and also to use like
| diligence to prevent the departure from its
| jurisdiction of any vessel intended to cruise
| or carry on war as above, such vessel hay
| ing been specially adapted, in whole or IN
| part, within such jurisdiction, TO warlike
| use.
Secondly. not to permit or suffer either
| belkgerent 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 or arms, 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 Maiesty's govern
ment can not assent TO the foregoing rules
as statement of principles of International
law which were in force at the time when the
claims mentioned in Article | arose, but
that Her Majesty's government, III 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.
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 10 in
vite them to aceede 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 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 incOnsist-
tut WIFI sucu rules, duu Shall CtItl1y SuCu
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 a 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,
fya ha off ha date of he
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 ALTERATION shall be defrayed BIZ the Two
governments IN equal moieties.
ARTICLE TX.
The arbitrators shall keep an accurate
record of their proceedings, and may APP
point and employ the necessary officers TO
assist them.
ARTICLE Z.
In case the tribunal finds that Great
Britain has failed to fulfil any duty or
duties as aforesaid, and does not award a
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 BIZ 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 vacancy
from any cause, it shall be filed
In the same manner IN which the original
was made.
As soon as possible after such nominal
tons 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
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 regula-
tons 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 evil
dence or information only as shall be fur
nished by or on behalf of the governments
of the United States and of Great Britain,
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 from the day Of |
their first meeting, but theyNpay, for good |
cause shown, extend the time for the pre- |
sentation 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 year |
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 final report |
within further period of six months.
The report or reports shall be made in |
duplicate, and one copy thereof shall be de- |
!ivered 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