New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-23

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rules TO be taken as applicable to the case
and by such principles of international Law
not inconsistent Herewith as the ar bitrators
shall determine TO have been applicable to
the case
neutral government is bound
FIRST, to use due diligence to prevent the
ntt!ng out, arming, or equipping, within its
| jurisdiction, Of any vessel which it has rea-
sonable ground to believe is intended to
cruise or carry on war against power with
which 1t is at peace; and also to use like
dligence TO prevent the departure from its
jurisdiction of any vessel intended to cruise
| or carry ON war as above, such vessel hay
| ing oeen specially adapted, in whole or in
| part, within such jurisdiction, to warlike
| use.
Secondly, not to permit or suffer either
Delhgerent 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 augmentation of military sup
plies or arms, or the recruitment of men,
infdly, 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
Her Britannia Majesty has commanded
hef nlgn commissioners and plenipotentia-
RES 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 / arose. but
that Her Majesty's government, in order
70 evlnce its desire OF Strengthening the
friendly relations between the two coun-
tries and OF making satisfactory provision
Tor the future, agrees that in deciding the
questions between the two countries arising
out OF those claims, the arbitrator 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
vlte them to accede to them.
ARTICLE VII.
The decision of the tribunal shall If DOS
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 arbitrators 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
tact as 20 each Of the said vessels. In case
the tribunal ind that Great Britain has
failed to fulfill any duty or duties as afore-
SAID, 1t may, if IL think proper, proceed to |
award sum in gross to be paid by Great |
Britain to the United States for all claims |
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 or 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 tae agent of
the United States for his governments, and |
the other eupy shall be delivered to the
agent OF Great Britain Tor his govern
Lnent.
ARTICLE VIII.
Each government shall pay It's own
agent, and provide for the proper
enumeration OF the counsel en-
oloyed by it and of tie arbitrator
by it, and for the expense OF pre-
Earring and submitting its case to the tribu-
lal All othsr expenses connected with
he ALTERATION shall be betrayed by the two
governments in equal moieties.
ARTICLE TX.
The arbitrators shall keep an accurate
eeord OF their proceedings, and may ap-
'0int and employ the necessary officers to
.ssist them.
ARTICLE y.
In case the tribunal finds that Great
britain has failed TO fulfil any duty or
-utIes as aforesaid, and does not award a |
um in.grOss, the high contracting parties
gree that a board Of assessors shall be ap- |
Ointed to ascertain and determine what
laims are valid, and what amount or
mounts shall be paid by Great Britain to
he United States on account Of the liability
rising from such failure, as TO each vessel,
ccOrding to the extent of such liability as |
ecided by the arbitrator.
The board OF assessors shall be consti-
nted as follows: One member thereof shall
g named by the President of the United
tates, one member thereof shall be !
AIMED By Her Britannia Majesty; and one
lember thereof shall be named by the
representatives at Washington of His Majesty
ne King of Italy; and in case of a vacancy
appening from any cause, it shall be TILED
! the same manner in which the original
ppOintment was made.
As soon as possible after such nomina- ..
ons the board OF assessors shall be organ
ed in Washington, with power to hold
lelr sittings there, or in New York. or in
OstOn. The members thereof shall sever
lily subscribe a solemn declaration that
ley will impartially and carefully examine
nj decide, to the best of their Judgment =;
Wa ] q
rs submitted to them, and shall forth
18th proceed, under such rules and reguia- :
ons as they may prescribe, to the investi :
alton of the claims which shall be pI eSented
} them by the government of the United
tates, and shall examine and decide
pom them in such order and manner as
ley may think proper, but upon such evil :
.nce or information only as shall be FUR
shed by or on behalf of the governments .
Ia tn1 Eat Il 80 ID =. |
spectiyeiy. They shall be bound to hear {
each separate claim, if required, one per. {
N on behalf Of each government, as c0un- L
i or agent A majority of the assessors, in
lch case shall be sufficient for decision. !
The decision OF each assessor shall be
ven upon each claim in writing, and shall ;
signed by them respectively and dated. ),
Each claim shall be presented to the as
ssors within six months from the day of
cir first meeting, but they may, for good
use shown, extend the time for the pre- Z
ntation of any claim to further period, T.
It exceeding three months.
The assessors shall report to each govern ! U
ent at or before the expiration of one year t
ON the date OF their first meeting the G
mount of claims decided by them up to the g
tie of such report; ii further claims then Il
main undecided, they shall make further s.
port at or before the expiration of two L
ars from the date of such first meeting; Il
d in case any claims remain undetermined o
that time, they shall make final report @
thin a further period OF six months a
The report or reports shall be made in p
plicate, and one copy thereof shall be de- b
cred to the Secretary OF State of the W
lited States, and one copy thereof to the u
preventative Of Her Britannia Majesty 1T t'
ashington. u
ALI sums of money which may be awarded 81
Al Il cI,IJ H. T..
,ton, in coin, within twelve months after Il
} delivery Of each report u