New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-01

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 tC
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 hav
ing been specially adapted, in whole or in
part, within such jurisdiction, to warlike
use.
Secondly, not to permit or suffer either
belligerent 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, 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 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
vite 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 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-
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, 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 own
agent, and provide for the proper
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-
lal. ALI othsr expenses connected with
he arbitration shall be betrayed by the two
governments in equal moieties.
ARTICLE TX.
The arbitrator shall keep an accurate
'ecord of their proceedings, and may APP
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
luties as aforesaid, and does not award a
'um in gross, the high contracting parties
agree that board of assessors shall be ap-
pointed to ascertain and determine what
claims are valid, and what amount or
amounts shall be paid by Great Britain to
he 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 arbitrator.
The board of assessors shall be consti-
uted as follows: One member thereof shall
De named by the President of the United
States, 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
n the same manner in which the original
appointment was made.
AS soon as possible after such nomina-
ions the board of assessors shall be organ
zed In Washington, with power to hold
heir sittings there, or in New York. or in
Boston. The members thereof shall sever
my SuDSCIIuc d l0dL
hey will impartially and carefully examine
md decide, to the best of their Judgment
Ind according to justice and equity, all mat
ers submitted to them, and shall forth
with proceed, under such rules and regula-
ions as they may prescribe, to the investi-
cation of the claims which shall be presented
% them by the government of the United
States, and shall examine and decide
Ipon them in such order and manner as
hey may think proper, but upon such evil
ience or information only as shall be fur
lished by or ON behalf of the governments
If the United States and of Great Britain,
They shall be bound to hear
IN each separate claim, if required, one per-
'On on behalf of each government as coun-
vel or agent. A majority of the assessors in
ZACH case shall be sufficient for decision
The decision of each assessor shall be
given upon each claim in writing, and shall
De signed by them respectively and dated.
Each claim shall be presented to the as
essOrs within six months from the day of
heir first meeting, but they may, for good
'ause shown, extend the time for the pre-
of any claim to further period,
lot exceeding three months.
The assessors shall report to each govern
nent at or before the expiration of one year
rom the date of their first meeting the
VI CldlLuS utClucu ny Uu6L up 10 the
late of such report; if further claims then
emain undecided, they shall make further
eport at or before the expiration of two
vears from the date of such first meeting;
md in case any claims remain undetermined
vt 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-
lvered to the Secretary of State of the
United States, and one copy thereof to the
representative of Her Britannia Majesty at
Washington.
All sums of money which may be awarded
lnder this article shall be PAYABLE at WASH
ngton, in coin, within twelve months after
he delivery of each report.
The board of assessors may employ such
Jerks as they shall think necessary.