Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-12


the organization OF the tribunal, but within q
period not exceeding six months from the date
of the exchange of the ratification of the treaty
Art. 4. Within four months after the delivery
on both sides of the written er printed case
either party may in like manner, deliver in dIl.
plicate TO each of the said arbitrator, and to
the agent of the other party, counter case, and
additional documents, correspondence, and evil
dence, so presented by the other party. The ar
bitrators may, however, extend the time for de
livering such counter case, documents, CORE
spondence, and evidence, when, in their judy
ment, it becomes necessary. In consequence Of
the distance of the place from which the evil
dence TO be presented is to be procured, it, in
the case submitted, any report or document in
the exclusive possession of any party be omitted,
such party shall be bound, if the other party
thinks proper to apply for it, TO furnish that
party with a copy thereof, and either party may
call upon the other, through the arbitrator, to
produce the original or certified copies of any
papers adduced as evidence, giving in each i'll
stance such reasonable notice as the arbitrator
may require.
Art. s. 1t shall be the duty Of the agent of
each party, within two months of the expira-
ton of the time limited for the delivery of the
counter case on both sides, to deliver in dupli
cate to each of the said arbtTators, and to the
agent of the other party, a written or printed
argument, showing the points and referring to
the evidence upon which his government relies I;
and the arbitrator may, if they desire further
calculation with regard to any point, require a
written or 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 or in writing, as the case may be.
Art. 6. In deciding the matters submitted TO
the arbitrator, they shall be governed by the
following three rules TO be taken as applicable
to the case, and by such principles of interna-
tional law not inconsistent Herewith as the ar
bitrators shall determine to have been applica-
BILE to the case:
Rules.-A neutral government is bound
First: To use due diligence to prevent the fit
ting out, arming, or equipping, within its juris-
dlction, of any vessel which it has reasonable
ground to believe is intended TO cruise or to car
ry 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 having been specially adapted, in whole
or in part, within such jurisdiction to warlike
use. Secondly Not to permit or suffer either
bellgerent 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 augmenta-
ton of military supplies or arms, or the recruit
ment of men. Thirdly; To exercise due dill
gence in its own ports and waters, and as to all
persons within its jurisdiction, TO prevent any
violation the foregoing obligations and duties.
Her Britannia majesty has commanded her
high commissioners and plenipotentiaries to de-
clare that her majesty's government cannot as
sent to the foregoing rules, as a statement of
principle of International law which were in
force at the time when the claims mentioned in
article first arose. but that her Britannia
majesty's government, in order TO evince its de-
sire of Strengthening the friendly relations be-
tween the two countries, and of making salts
factory provision for the future agrees that, in
deciding the questions between the two c0un-
tries arising out of these 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 between
themselves in future, and to bring them to the
knowledge of other maritime powers and to in
yite them to accede TO them.
Art. Z The decision of the tribunal shall, if
possible, be made within three months of 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,
by any act or 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 to fulfill any duty or duties
as aforesaid, it may, if it think proper, proceed
to award sum in gross to be paid by Great
Britain to the United States for all the claims
referred to it; and in such case the gross sum
so awarded shall be paid in coin by the govern
ment 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 de-
| livered TO the agent of Great Britain for his
| government.
| Art. 8. Each government shall pay its own
agent, and provide for the proper remuneration
| OF the counsel employed by it, and of the arbi.
traitor appointed by it, and for the expense OF
preparing and submitting its case to the tribu-
| nal. All other expenses connected with the
arbitration shall be betrayed by the two govern
| ments in equal moieties
Art. 8. The arbitrators shall keep an accurate
record OF their proceedings, and may appoint
and employ the necessary officers to assist
them.
Art 10. In case the tribunal finds that Great
Britain has failed to fulfill any duty or duties, as
aforesaid, and does not award a sum in gross,
the high contracting parties agree that board
of assessors shall be appointed 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 constituted as follows
INV lhSAlbSl tuClGOl Sndll D6 nuUlcu Dy the
president of the United States, one member
thereof shall be named by her Britannia
| majesty, 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 he
filled in the same manner in which the original
| appointment was made, as soon as possible after
| such nominations. The board of assessors shall
| be organized in Washington, with power TO hold
their sittings there, or in New York, Or in Bos-
ton. The members thereof shall seyerally sub
| scribe solemn declaration that tbey will i'm.
partially 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, under such
rules and regulations as they may prescribe to
the investigation 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 evidence or
information only as shall be furnished by or
on behalf of the governments of Great
Britain and Of the United States respect
lYely They shall be bound to hear on each sep
arate claim, if required, one person on behalf
OF each government as counsel or agent ma
Jorly OF the assessors in each case Shall be suf-
nclent for decision. The decision of the asses
sors shall be given upon each claim in writing,
and shall be signed by them respectively and
dated. Every claim shall be presented tie tho
their first meeting; but they may, for good
cause shown, extend the time for the presenta-
ton OF any claim to a further period not exceed
ing three months. The assessors shall report TO
each government, 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 reports. If further claims
then remain undecided, they shall make a
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 a
further period of six months. The reports shall
be made in duplicate, and one copy thereof
shall be delivered 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 NAV
be awarded under this article shall be paw
able at Washington, in coin, within twelve
months after the delivery of each report.
The board of assessors may employ
such clerks as they shall think necessary The
expenses of the board of assessors shall be as
sumed equally by the two governments, and
paid from time to time as may be found expe-
dent on the production Of accounts certified by
the board. The remuneration of the assessors
shall also be paid by the two governments in
equal moities in a similar manner.
Art. II. The high contracting parties engage