New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-09

rules to be taken as applicable to the case
Fand by such principles of international Law
not inconsistent Herewith as the arbitrator
shall determine to have been applicable t
the case.
A neutral government is bound
First, to use due diligence to prevent The
fitting out, arming, or equipping, within i'll
jurisdiction, of any vessel which it has rea
| sonable ground to believe is intended tx
cruise or carry on war against power with
| which it is at peace; and also to use like
diligence to prevent the departure from It'll
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. & 81
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 Maiesty'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 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 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 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-
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 a 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
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 other expenses connected with |
the arbitration shall he betrayed by the TWO |
governments in equal moieties.
ARTICLE TX.
The arbitrator shall keep an accurate |
record OF their proceedings, and may APP |
point and employ the necessary officers to
assist them.
ARTICLE Y.
In case the tribunal finds that Great |
Britain has failed to fulfil any duty or
1uties as aforesaid, and does not award a.
'um in gross, the high contracting parties
sgree that board of assessors shall be APP
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
lecided by the arbitrator.
The boaqd of assessors shall be consti-
uted as follows: One member thereof shall
re 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 i
representative at Washington of His Majesty
he King OF Italy; and in case of a vacancy
from any cause, it shall be filed
q the same manner in which the original
ppointment was made.
As soon as possible after such nomipa-
ions the board of assessors shall be organ
sed Ii Washington, with power to hold
heir sittings there, or in New York. or in
Soston. The members thereof shall sever
Lily subscribe a solemn declaration that |
hey will impartially and carefully examine
nd decide, to the best of their Judgment
nd according to justice and equity, all mat
9rs submitted to them, and shall forth
nth proceed, under such rules and regula- |
ions as they may prescribe, to the investi- |
alton OF the claims which shall be presented |
D them by the government of the United |
tates, and shall examine and decide
pom them in such order and manner as
1ey may think proper, but upon such evil
ence or information only as shall be fur
ishedfby or on behalf of the governments
the United States and of Great Britain.
9spectlVely. They shall be bound to hear |
u each separate claim, If required, one per-
IN on behalfOf each government as conn
ii or agent. A majority of the assessors in
ach case shall be sufficient for decision.
The decision of each assessor shall be
wen upon each claim in writing, and shall
signed by them respectively and dated. 5
Each clam shall be presented to the as
'ssors within six months from the day of
leir first meeting, but they may, for good
fuse shown, extend the time for the pre-
ntatl0n of any claim to further period I
,t exceeding three months. Y
The assessors shall report to each govern
ent at or before the expiration of one wear t
ON the date OF their first meeting the | c
Mount of claims decided by them up to the t
ate of such report; if further claims then 9
main undecided, they shall make a further $
port at or before the expiration of two
'ars from the date of such first meeting: t
Id In case any claims remain undetermined | @
that time. they shall make a final report C
thin further period of six months. a
The report or reports shall be made in p
lplicate, and one copy thereof shall be de- /
Tered to the Secretary of State of the v
nted States, and one copy thereof to the t
preventative OF Her Britannia Majesty at t
ashington. n
ALI sums of money which may be awarded s.
der this article shall be payable at Wash
gton, in coin, within twelve months after Il
9 delivery of each report Il