New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-29

upon py the hlgn contracting eparlleS al
rules to be taken as applicable to the case
and by such principles of international Law
not inconsistent Herewith as the arbitrator
shall determine to have been applicable tt
| the case.
| A neutral government is bound
First, to use due diligence to prevent the
| lifting out, arming, or equipping, within its
| jurisdiction, of any vessel which it has rea
sonable ground to believe is intended te
cruise or carry on war against power with
which it is at peace; and also to use like
dingence to prevent the departure from its
| jurisdiction of any.vessel intended to cruise
| or carry on war as above, such vessel hav
! ing been specially adapted. in wholesor in
| part, within such jurisdiction, to warlike
use.
Secondly, not to permit or suffer either
| beihgerent 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, OF 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 z ~ .l.e -f
Her Britannia Majesty has commanded
her high commissioners and plenipotentia-
ries to declare that Her Majesty's govern
| ment can not assent to the foregoing rules
as a 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
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 arbitrator should
assume that Her Majestys government had
undertaken to act upon the principles set
forth In these rules. l..., -.-- .E
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
ylte 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 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-
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 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 III 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. T|t.Ti-
, PISS 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
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 be 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 K.
In case the tribunal finds that Great
Britain has failed to fulfil any duty or
duties as aforesaid, and does not award a
sum in gross, the high contracting parties
agree that a board of assessors shall be ap-
pointed 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 consti- |
tuted 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; and one |
member thereof shall be named by the |
at Washington of His Majesty |
the King of Italy; and in case of a vacancy |
happening from any cause, it shall be filed |
n the same manner in which the original !
was made.
As soon as possible after such nomina- |
ions the board of assessors shall be organ |
zed in Washington, with power to hold |
their sittings there, or in New York, or in |
Boston. The members thereof shall sever |
ally subscribe solemn declaration that |
they will impartially and carefully examine |
and decide, to the best of their Judgment |
and according to justice and equity, all mat
-ers submitted to them, and shall forth |
with proceed, under such rules and regula- |
lions as they may prescribe, to the investi- |
CATION OF the claims which shall be presented |
% them by the government of the United |
States, and shall examine and decide |
upon them in such order and manner as |
hey may think proper but upon such evil |
tenee or information only as shall be fur |
lished by or on behalf of the governments |
If the United States and of Great Britain, |
They shall be bound to hear
IN each separate claim, if required, per-
son on behalf of each government, as cOun- |
vel or agent. A majority of the assessors in
Zach case shall be sufficient for decision. |
The decision of each assessor shall be |
gwen upon each claim in writing, and shall
De signed by them respectivelyand dated. |
Each claim shall be presented to the as
SCISSORS within six months from the day of |
heir first meeting, but they may, for good |
,ause shown, extend the time for the pre-
entatlon OF any claim to a further period, |
lot exceeding three months.
The assessors shall report to each govern
nent at or before the expiration of one year
rom the date OF their first meeting the
amount OF claims decided by them up to the
late of such report; if further claims then
emain undecided, they shall make a further
'ePort at or before the expiration of two
Tears from the date Of such first meeting;
IND In case any claims remain undetermined
vt that time, they shall make final report
within further period of six months.
The report or reports shall be made in |
duplicate, and one copy thereof shall be de-
ivered 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 may be awarded
lnder this article shall be payable at Wash
ngton, In coin, within twelve months after