New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-07-27

shall determine 10 nave ooeH dpplioaoio W
the case.
A neutral government is bound
First, to use due diligence to prevent the
fitting out, arming, or equipping, within It's
of any vessel which 1t has rea-
sonable ground to believe is intended to
cruise OF carry on war against power with
which it is at peace; and also to use IKE
diligence to prevent the departure from Its
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 warhKe
use.
Secondly, not to permit or suffer either
belligerent 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
niles or arms or the recruitment OF men.
Thirdly, to exercise due diligence IN It's
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 plenlpotentla-
ries to declare that Her Majesty'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 l arose, but
that Her Majesty's government, in 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 arbitrator 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
yite them to accede 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 arbitrator 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-
emit 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 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 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 OWE
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 oth.r expenses connected with
the ALTERATION shall be betrayed by the two
governments in equal moieties.
ARTICLE X.
The arbitrators shall keep an accurate
record of their proceedings, and may ap
point and employ the necessary officers L
assist them.
In case the tribunal finds that Great
Britain has failed to fulfil any duty OF
duties as aforesaid, and does not award 6
sum in gross, the high contracting parties
agree that board of assessors shall be APP
pointed TO ascertain and determine wha
claims are valid, and what amount OF
amounts shall be paid by Great Britain Il
the United States on account of the liability
arising from such failure, as TO each vessel
according to the extent of such liability al
decided by the arbitrator.
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 bt
named By 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
happening from any cause, it shall be filled
in the same manner in which the origina
appointment was made.
As soon as possible after such nomina
tions the board of assessors shall be organ
lied in Washington, with power to hol,
their sittings there, or in New York. or il
Boston. The members thereof shall sever
ally subscribe a solemn declaration tina
they will impartially and carefully examin,
and decide, to the best of their iudgmen
".
ters 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 pIesente,
to them by the government of the Unite,
States, and shall examine and decid
upon them in such order and manner a
they may think proper, but upon such evi
dence or information only as shall be fur
nished by or on behalf of the government
of the United States and of Great Britain
respectively. They shall be bound to hea
on each separate claim, if required, one per
son on behalf of each government, as coun
sci or agent. A majority of the assessors il
each case shall be sufficient for a decision
The decision of each assessor shall b.
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 o
their first meeting, but they may, for gooC
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 yea
from the date of their first meeting tn
amount of claims decided by them up to tn
date of such report; if further claims thel
remain undecided, they shall make furthe
report at or before the expiration of tw,
years from the date of such first meeting
and in case any claims remain undetermined
at that time. they shall make final repor
within further period of six months.
The report or reports shall be made il
duplicate, and one copy thereof shall be de
livered to the Secretary Of State of tn,
United States, and one copy thereof to tn
representative of Her Britannia Majesty a
Washington.
All sums of money which may be awarded
under this article shall be payable at Wash
ingtOn, in coin, within twelve months afte
the delivery of each report.
The board OF assessors may employ such
clerks as they shall think necessary.
The expenses of the board of assessor
shall be borne equally by the two govern
ments and paid from time to time "a ma,