The Albany register. [volume] (Albany, Or.) 1868-18??, 1871-08-05

1 ,
Of naval operations against the other, or fof the
purpose Of the renewal or augmentation Oh mhi-
tary supplies or arms, the recruitment OF men.
Thirdly. to exercise dae diligence IN us Owe
ports and waters and as to all persons within its
iurisdicton to prevent any violation of the FORE
going obligations and duties. -
Her Britaunic Majesty has commanded her hign
and plenipotentiarics to declare
that her majesty's government cannot assent 70
the foregoing rules as q statement OF prlncip.es
of international law which were IN force AZ the
time the claims mentioned in Article arose, but
that her majesty's government, in order to evince
its desire of Strengthening the friendly relations
beta cen the two countries. and OF making salts
factory 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 under |
taken act upon the principles set forth in these
rules.
Aud the high contracting parties agree to OBJ /
these rules as between themselves in future,
and to bring them to the knowledge of other mari
time powers, and to invite them aocede them.
ARTICLE VII.
The decision of the tribunal shall, If possible,
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 omission, failed TO fulfil any OF the
duties set forth in the foregoing three rules or
recognized by the principles Of international law
not inconsistent 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 tn
fulfil any duty or duties aforesaid it may, if it
think proper, proceed to award q sum in gross to
be paid by Great Britain to the United States for
gross sum so awarded shall be paid in coin by the
government of Great Britain to the government
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 government.
ARTICLE VIII.
Each government shall pay its own agent and
provide for the proper remuneration of the coun-
sci employed by it and OF the arbitrator appointed
by it, and for the expense of preparing and sub
mitting its to the tribunal. All other
penses connected with the arbitration shall be de-
frayed by the two governments in equal moioties.
ARTICLE TX.
The arbitrntors shall keep an accurate record
of their proceedings, and may appoint and en-
ploy the necessary officers to assist them.
ARTICLE Y.
In case the tribunal finds that Great Britain
has failed to fulfil any duty or duties aforesaid,
and does not award sum in gross, the high con-
tracing parties agree that q board of assessors
shall be appointed to ascertain and determine
what claims valid, and what amount or
amounts shall be paid by Great Britain to the
United States account of the liability arising
from such failure, to each vessel, according to
Tue eAteut VI Sacn iiAuAty d. 0cciuCN oy eHo
bitrators.
The board of assessors shall be constituted
follows: One member thereof shall be named by
the President of the United States, one member
thereof shall be named by Her Britannia Majesty,
and member thereof shall be named by the
repre-. rntative at Washington of his mr jesty the
King of Italy and in case of a vacancy happen
ing from any cause, it shall be filed in the
| manner in which the original appointment was
made.
As soon as possible after such nominations the
hnar ftpfa hall he zad HING
ton, with power hold their sttings there, in
New York, in Boston. The members thereof
hall severaly subscribe solemn declaration that
they viii lmpartially and carefully examine
and decide, to the best of their judgment
and according to justice and equity, all
matters submitted to them, and shall forthwith
proceed, uuder such rules and regulations they
may prescribe, to the investigation of the claims
which shall be p ated to them by the govern
ment of the United States, and shall examine and
decide upon them in such order and manner as
they shall think proper, but such evidence only
shall be furnished by on behalf of the gov
ernments of the United States and of Great Brit
ain, respectively. They shall be bound to hear
on each seperate claim, if required, one person
on behalf of each government, counsel or
| agent. A majority of the assessors IN each case
shall be sufficient for decision.
The decision of the assessors shall be given
in writing, and shall be signed by them respec-
1 tIvely and dated.
Every claim shall be presented to the assessors
within six months from the day of their first
4
extend the time for the presentation of any claim
to further period not exceeding three months.
The assessors shall report to each government
| at or before the expiration of 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 remain undecided, they shall
make q further report at before the expiration
/ of two years from the date of such first meeting
and in case any claims remain undetermined al
that tirae, they shall make final report within q
further period of six mouths
arfa hall he 10 IN Affr,t
cate, and one copy thereof shall be delivered tt
the Secretary of State of the United States, and
one copy thereof to the representative of Hel
Britannia Majesty at Washington.
All sums of money which may be awarded un
der this article shall be payable at Washington
in coin, within twelve months after the deliver,
| of each report.
The board of assessors may employ such clerks
as they shall think necessary.
ARTICLE XI.
The high contracting parties engage to conside
the result of the proceedings. of the tribunal o
arbitration, and of the board of assessors shoul,
I such board be appointed, a full, perfect, ant
final settlement of all the claims hereinbefore
, ferred to; and further engage that every sucl
been presented to the notice OF, made, preferred
or laid before the tribunal or board, be considered
and treated as finally settled, barred, and thence
forth inadmissible.
Z ARTICLE XII.
, The high contracting parties agree that al
claims the part of corporations, companies, o
private individuals, citizens of the United states
, upon the goyernuent of Her Britannia Majesty
arising out of acts committed against the person
or property Of citizens of the United States dur
. ing the period between the thirteenth Of April
eighteen hundred and six ty -onc, and the ninth @
. April, eighteen hundred and sixty-fve, inclusive
!, not being claims growing out Of the acts of th
vessels referred to in article of this treaty, an
all claims, with the like exception, the part Q
corporations, companies, private indviduals
, subjects of Her Britannia Msjesty, upon the gov
| of the IJuitad States o nj net
: committed against the persons or properey os sub
jects of Her Britannia Majesty during the sam
, period, which may have been presented to eithe
: government for its interposition with the other
and which yet remain unsettled, as well as an
, other such claims which may be presented within
the time specified in Article XIV of this treaty
shall be referred to three commissioners, to b
appointed in the following manner, that is to say
ON nsnr,nisssnnar hall he hrrtl tlnD D.oa;