The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-12
TEE RULES OF ARBITRATION.
Cumbersome Machinery and Much Waste
Of Time and Money.
The Fisheries-Free Navigation Of the 81. Law
renee fleaty Of Eoa Fiah, but No Salmon
and shad- Compensation to Cenada-
Reciprocity Revivsd-The San Juan
Boundary Question to be De-
cidei By Kaiser William.
The following is the treaty Of wasnlngton:-

ARTICLE !. Whereas differences have arisen be-
tween me government Of the United states and the
government OF eli Bitanic Majesty, and stil exist,
growing out Of the ac.s committed by the several
vessels which have given Use TO the claims generaly
known us the Alabama c,aiin5, ana whereas her
Britannia Majesty has authorized her high Commits
el0ncrs and PleGIpOten laries 10 express, III
ern,S lnr ib .a eeeae' under whatever crcnnl-
stances, OF the Alabama and other vessels from BRIT
isii ports, and ior the doi relations commIted Dy
Ihose vessels; now, III ORDER 10 remove and adjust
oil complaints and Claims on the part OF the
United states ana 10 provide for The speedy settle
mem OF sucn claims which are not admitted by her
Britannia Ma,esGy's government, the high contract
ing parties agree that ali lie SAID CLAIMS growing
out OF acts committed % me aforesaid vessels. and
geueIally known as the Alabama claims, shall be
felesred to tribunal o. arDtlaon, to be composed
OF arbItlators. 10 be appointed In the following
manner, that Is TO say:lle nrsI shall be named ny
the President OF the United states, one shall be
name ] by her Brltaanlc slajesty, his Majesty the
King OF Italy shall De requested to name one, the
President OF tie Swiss confederation shall be re-
qucsted 10 maine one, al" Ills MaJesty the Emperor
OF Brazil shan be requested TO name One
In case Of death absence or 1ncapacity TO
serve Of either OF the said arbitfators or
0mitilng aecnine or ce.sing 10 act as sucn, the
President OF the tnitc1 states or her British MA
lesty his Majesty TIE King OF italy or the Presi
0eDt OF the Swiss Consideration or his Majesty the
Lmptror vi Brazil, Is th9 case may be- may forth.
place anu stead OF The araitrator originally named
by such Aea OF State, ana III the event Of refusal or
omission, FOR two @engh3 after the receipt OF the
Husal, from either OF we ign coati acting parties
ODhis Majesty the kin5 OF tay or the PRESIDENT OF
the swiss Conlederasion or his MAJESTY The en-.
peror oi t,raZ to name an arbitrator either to I'll
the Original Appointment OF in place OF one who
may have died, be a0scnf, inoapactated, or who
nsy omit, decline Or lfc.n any Cause cease to act
a sucn arbitra or, Ina 81 estY the King OF sweden
ana norway Shall he requested to name one or more
persons, as Inc case noy be, 10 act as such ar0ltr
tors.
ART. 2 The arbitraJ ofs siil meet at Ceneva, In
SwilZerand, al the earliest day convenient alter
they snail have been n3iRn6 and shall proceed I'M
partially anu carefully examine and decide all
questions that shall he lad before hem on the part
vi The governments q The United States aud ner
Britannia Majesty Respectively. All questions con-
Edered by the tribunal, including the 1nal award,
shan nc decided by MAJORITY OF all the aroirators
Ech OF al OF the nlgh contracting parties shall also
name one person to aseai tue tribunal as It's agent
to represent 1t geneIaiiy IN III matters connected
win the arbitration.
Arr. 8. The written or printed case OF each of the
two parties accompanied ~ the documents, the
onicial correspondence and other evidence which
each relies, shall be deiyer.d III duplicate 10 each
par rs as as may be er sso Of
the tribunal, but wltnla Period not exceeding six
mouths nom the date OF the exchanges OF the ratid
Arr. 4. Wihih i6ar nontns after the delivery on
both sides OF the written nte case either party
may Ill like manner, deliver IN duplicate to each oil
tie SAID abitra,ors ami 10 me agent OF the other
party. CONNER case aud additional documents,
other party. The arb9lto,s may, however, ex-
tend the time for delivering such counter case docu
menls, correspondence ana evidence wnen
their Judgment 1t becomes necessary. In c0nse-
Quence OF he distance OF ire place from which the
evidence to be presented s - ne procured If ii the
case submitted any report or document lii the excu
sye possession OK any party be omitted, such party
shall be bound, II the other PATTY thinks proper 10
apply for H. to furnish ths barry Win copy there
and elmer party may ca upon the otnef, through
tic arbltrators, 10 produce Tie original or certified
eGcn ms ance such reasonable notice as the .rul-
Arr. O. it Shall he the duty OF the agent OF each
party, wilhia two months OF the expiration OF the
time limited for tile delivery Of The counter case on
both SIDES to deliver III duplicate to each OF the
l.ss rnf.A
written or printed argument, showing the pclaIs
aud referring 10 the evidence on whica his govera
ment relies; ana the arDirators MAJ, II they aesire
further calculation with regard TO any point require
a written or printed statement OF argument, or
1 " ss Be M ta reo Sc s
orally or In writing, rs the case may be.
RULES or Arbitration.
ART. Q. In deciding the matters submitted to the
Riultratois they shall pc governed by the following
three rules To be taken US applicable 10 the case,
and M such principles OF International law n0t
Herewith The arbitrators shall deter
mine to have been applicable 10 IN, case.
kULES--A neutral government Is pound-First, 10
use due diligence to prevent the fitting out arning or
equipping within Its jurisdiction OF any vessel which
Il has reasonable ground to believe IS intended to
1t Il at peace anu also to use Ike diligence to pre-
won't the departure from the jurisdiction OF any YES
SCI intended TO cruise or carry on war as above sucA
vessel having been specially adapted, iii whole III
part, within such jurisdiction to warlike use
Second-Not to permit or sHer either belge-ent to
make use OF Its ports waters as the base OF naval
operations against the other, or Tor the purpose Of
arms or the recruitment OF men, Third--To exercise
que diligence in It's own ports and waters, and as to
all persons within Its jurisdiction, TO prevent any
violation OF the foregoing obligations and duties.
Her Britannia Majesty mas commanded her High
Commits oners anu Penlpotentiaries to declare thai
her Maesy's government cannot assent TO the FORE
going rues, as statement OF principle OF interna-
tiona law, which were in force at the time when the
claims mentioned IN arr Gle one arose. but that her
Britannia MaJesJy's government, IN oider 10 cvnce
Ats desire OF strengthening the lrien ly relations be-
tween the two countries, and Of making ,tisiacory
questions between the two countries arising out Of
these claims, the arDiuators should that her
Najcsfy's government had undertaken 10 act upon
the principles set lora In these rules, and the high
contracting parties agree to observe these rules be-
tween themselves In mturc aud 70 bring tnem 10
the knowledge OF Other maritimc Powers and to III
vlte them TO acceie To them.
THE DECISION Is TO nE RENDERED.
AIR. 7. The decision Of tue tribunal shall, II posi-
BILE, be made within three mouths from the close OF
the argument on both sides. IL shall be made III
writing aud dated, and shall be signed by the arb!-
traitors who may assent 10 II. Tue Said tribunal
wneiner Great Braln by any act or on,isslo failed
20 tul any OF the duties set forth IN tho foregoing
three rues or recognized ~ sao prncpas OF IN
ana shall certify such Iact-as 10 each OF me
said vessels. In Case inc tribunal nnd tina. Great
as aforesaid, IL may, n IL think proper, pro-
coed to award sun In gross 10 be paid by Great
Britain TO the United States Tor all the claims re.
iclred to 1t; aud 1T such case tue gross sum
awarded shall be paid III com BY the government OF
Great Britain to the government OF the United
states al Washington, within twelve months after
the date OF the award. Tue award shaii be IN du-
pLcate, one COPY whereof snail be delivered to the
agent OF the United States fer his government and
the other copy shall he delivered to the agent Of
Great Britain Tor his government.
ART 8. Each government snail pay It's ON agent
ana provide ior tue proper remuneration Oh the
counsel employed BY IT, and Of the arbitrator ap,
pointed by It. and for the expense oi preparing and
submitting It's case 10 the tribunal AL otmer ex-
penses connected with the arbiLfatlon shall pc de-
fraycd by The two governments III equal motles
ART. 0. The afbitrators shan Keep an accurate
RECORD OF thcir proceedings ana mag appoint ana
employ the necessary Onlccrs 10 assist lhenl.
4 BOARD or ASSESSORS,
ART. 10. IN case the tribunal nnds that Great
Britain has failed TO iuIll any duty on duties, as
Aforesaid ana does not award u sun IN gross the
high contracting parties agree that board OF asses
sors snail be appointed 10 ascertain and deter
mine what Claims are valid and what amount or
amounts shall bc paid by Great Britain tue United