The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1871-05-25

respondence, and evidence, so presen-
ted by the other party. The arbitra-
= tors may, however. extend the time fOI
delivering such counter ease, dOcu-
ments, correspondence, and evidence,
when, in their judgment, il bss1mes
necessary. In consequence Of the dis
2 tance Of the place from which the evil
/. dence TO be presented Is to be procured
il, in the case submitted, any report
, or document in the exclusive posses
sion Of any party be omitted, such
= party shall be bound, if the other par
~ thinks proper 10 apply for it, TO
furnish that party with copy thereof,
and either party may call upon the
other, through the arbiIratOrs, to pro-
duce the original copies of any papers
adduced as evidence, giving in each
instance such reasonable notice as the
arbitratOrs may require.
ART. ). It shall be the duty of the
agent OF feach party, within two months
Ofthe time limited for the delivery OF
the counter case on both sides, to de-
liver in duplicate to each of the said
arbitratOrs, and to the agent of the
other party, written or printed argu-
ment, showing the points and refer
ing to the evidence upon which his
Government relies; and the arbitra-
tors may, if they desire further eluei-
dation with regard to any point, re-
quire written or printed statement
or argument, or oral argument by
counsel upon it. Bnt 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 arbitratOrs, they shall
be governed by the following three
rules to be taken as applicable to the
case, and by such principles of inter
national law not inconsistent there
with as the GrbitratOrs shall deter
mine to have been applicable to the
case:
RULES-A neutral GOvernernment
is bOund-First: To use due diligence
I to prevent the fitting out, arming, or
equipping, within its jurisdiction, of
any vessel which il has reasonable
ground to believe is intended to cruise
or to carry on war against a Power
with which 1T is at peace, and also to
use like diligence to prevent the de-
parture 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 suf-
fer 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 augmenta-
ton of military supplies or arms, or
the recruitment of men. Ihirdly: To
exercise due diligence in its own ports
and waters, and as to all persons with
in its jurisdiction, to prevent any viO-
latiOn of the foregoing obligations and
duties.
Her Britannia Majesty has COM
manded her High Commissioners and
PlenipOtentiaries to declare that Her
Maiesty's Government cannot assent
to the foregoing rules, as a statement
of principle of international law which
were in force at the time when the
claim mentioned in Article /, arose,
but that Her Britannia Majesty's Gov
ernment, in order to evince its desire
of Strengthening the friendly relations
between the two countries, and of
making satisfactory provision for the
future, agrees that, in deciding the
questions between the two countries
arising out of these claims, the arbi-
trator's should assume that Her Mai
esty's Government had undertaken to
act upon the principles set forth in
these rules, and the high contracting
parties agree to obsereve these rules
between themselves in future, and to
bring them to the knowledge of other
! Maritime, Powers and to invite them
to accede TO them.
ART. Z. The decision oft tribunal
shall, if possible, be made within three
months from the close of the argu-
ment 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
I first determine as to each vessel sep
erately, whether Great Britain, by any
/ act or omission, failed to fulfill any of
/ the duties set forth in the foregoing
three rules, or recognized by the prin-
ciples of international law, not incOn-
I sistent with such rules, and shall GER
4 tify such fact as to each Ofthe said yes
sells. In case the tribunal find that
Great Britain has failed to fulfill any
duty or duties as aforesaid, it may, if
il think proper, proceed to award a
sum in gross to be paid by Great Brit
ain 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 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 dupli-
cate, one copy whereof shall be deliv-
cred 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.
ART. s. Each Governments shall pay
its own agent, and provide for the
proper remuneration of the counsel
employed by it, and of the arbitrator
appointed by it, and for the expense
of preparing and submitting its case
to the tribunal. All other expenses
connected with the arbitration shall
be betrayed by the two Governments
in equal moieties.
ART. 8. The arbitratOrs shall keep
an accurate record of their proceed
ings, 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 sum in gross the high
contracting parties agree that a Board
of Assessors shall be appOiRted to as
certain and determine what claims
are valid, and what amount or
amounts shall be paid by Great Brit
ain 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 Asses
sors shall be constituted as follows
One member thereof shall be named
by the President of the United States, /
one member thereof shall be named
by Her Britannia Majesty, one men,
Der thereof shall be named by the rep
resentative at Washington If His Ma
jesty the King of Italy; and, in case
of vacancy happening from any
cause, it shall be filled in the same
manner in which the original appoint
ment 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
Boston. The members thereof shall
severally subscribe a solemn declara-
ton that they will impartially and
carefully examine and decide, to the
best of their judgment, and according
to justice and equity, all matters sub
mitted to them, and shall forthwith
proceed under such rules and regula-
tiOns as they may prescribe to the in
vestigation of the claims which shall
be presented to them by the Govern
ment 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 OF in
formation only as shall be furnished
by or on behalf of the Governments of
Great Britain and Ofthe United States
respectively. They shall be bound TO
hear on each separate claim, If requir-
ed, one person. on behalf of each Gov
ernment as counsel or agent. y ma
ieritv Of the assessors in each case
shall be sufficient for "A decision. The
decision of the assessors shall be given
upon each claim i'm writing, and shall
be signed By them respectively and da-
ted. Every claim shall be presented
20 the assessors within six months
- Z d. = L.